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 1950, Apr. 25 | Printed Page 1970, Apr. 25 |

Printed Page 1960 . . . . . Thursday, April 25, 1996

AYES
Alexander           Boan                Bryan
Cork                Courson             Courtney
Drummond            Elliott             Fair
Ford                Giese               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
Smith, G.           Smith, J.V.         Thomas
Waldrep             Washington          Wilson
TOTAL--45

NAYS
TOTAL--0

The Joint Resolution was read the third time, passed and ordered sent to the House of Representatives with amendments.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

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

S. 774 -- Senator Land: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE


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NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION.

Senator SETZLER explained the Bill.

S. 1255 -- Senator Holland: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON FOR ANTLERED DEER IN GAME ZONE 5.

Senator PEELER explained the Bill.

S. 1263 -- Senators Leventis, McGill, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD


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LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO MAKE THIS SECTION INAPPLICABLE TO PERSONS WHO ARE ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".

S. 1173 -- Senators Boan and Martin: A BILL TO AMEND SECTION 56-3-1240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF LICENSE PLATES, SO AS TO PROVIDE THAT A NONCURRENT LICENSE PLATE FROM THIS STATE OR ANOTHER STATE MUST NOT BE ATTACHED TO THE OUTSIDE FRONT OF A VEHICLE, AND TO PROVIDE PENALTIES FOR VIOLATION.

Senator J. VERNE SMITH spoke on the Bill.


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AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD3858.001), which was adopted:

Amend the bill, as and if amended, page 1, line 24, in Section 20-7-1333(A), as contained in SECTION 1, by striking line 24 in its entirety and inserting therein the following:

/a status offense or is found in violation of a court order relating to a/.

Amend the bill further, as and if amended, page 1, line 28, in Section 20-7-1333(B), as contained in SECTION 1, by striking line 28 in its entirety and inserting therein the following:

/offense or is found in violation of a court order relating to a criminal/.

Amend the bill further, as and if amended, page 1, line 34, in Section 20-7-1333(C), as contained in SECTION 1, by striking line 34 in its entirety and inserting therein the following:

/license to the Department of Public Safety for license suspension. However,/.

Amend the bill further, as and if amended, page 2, line 1, in Section 20-7-1333(D), as contained in SECTION 1, by striking line 1 in its entirety and inserting therein the following:

/to the Department of Public Safety for reissuance of the license with the/.

Amend title to conform.

Senator COURTNEY explained the amendment.


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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.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 660 -- Senators Cork and McConnell: A BILL TO AMEND ARTICLE 1, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS SO AS TO ENACT THE "DRIVER'S PRIVACY PROTECTION ACT" INCLUDING PROVISIONS RESTRICTING THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; AND TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

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

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD0660.001), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Item (12) of Section 30-4-40(a) of the 1976 Code, as added by Act 1 of 1995, is repealed.

SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 4

Release of Licensing and Registration Information

Section 56-3-510. Department records relating to the registration and licensing of motor vehicles must be released only as provided in this article. A person who requests registration and licensing information must


Printed Page 1965 . . . . . Thursday, April 25, 1996

submit the request on a form provided by the department. A completed form must:

(1) contain the name and address of the person making the request, the date of the request, the reason for the request, and a statement certifying that the information requested will not be used for a purpose related to marketing or direct solicitation; and

(2) be signed by the person making the request.

Section 56-3-520. (A) The department must retain a request made pursuant to Section 56-3-510 for five years from the date of its submission.

(B) Upon a person's written request, the department must release a copy of all request forms relating to the person's records.

Section 56-3-530. The department may charge a fee not to exceed its costs in releasing information pursuant to this article. The department must promulgate regulations:

(1) providing a procedure whereby persons making repetitive requests may maintain an account with the department for the payment of fees incurred in the production of requested records;

(2) providing a procedure for electronic processing of requests; and

(3) providing for appropriate security measures to ensure that records are released only to the person identified as making the request."

SECTION 3. Section 16-3-1710 of the 1976 Code is amended by adding:

"(C) In addition to the penalties provided in this section, a person convicted of harassment who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both."

SECTION 4. Section 16-3-1720 of the 1976 Code is amended by adding:

"(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both."

SECTION 5. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator CORK explained the amendment.


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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.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 1100 -- Senators Leventis, Giese, Russell, Reese and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS, COMMISSIONS, AND JUDICIAL OFFICES IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD1100.003), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

SECTION 1. The 1976 Code is amended by adding:

/Section 1-5-40. (A) The office of Secretary of State is designated as the state office whose responsibility it is to monitor positions on the state boards and commissions specified in this subsection and any elected or appointed state boards and commissions established by the Governor or the General Assembly after the effective date of this section.

Accountancy, Board of

Aging, Division on Advisory Council

Agriculture Commission

Architectural Examiners, State Board of

Arts Commission

Athletic Commission

Auctioneer's Commission

Barrier-Free Design, Board for

Blind, Commission for the

Builders Commission, Residential

Building Code Council

College of Charleston Board of Trustees

Children's Trust Fund Board of Trustees


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Children, Foster Care Review Board

Chiropractic Examiners, State Board of

The Citadel Board of Visitors

Clemson University Board of Trustees

Coastal Carolina University Board of Trustees

Consumer Affairs, Commission on

Contractors' Licensing Board

Cosmetology, State Board of

Professional Counselors, Associate Counselors and Marital and

Family Therapists, State Board of Examiners

Deaf and Blind, School for the

Dentistry Board

Disabilities and Special Needs Commission

Education, State Board of

Education Board, Southern Regional

Education Council

Educational Television Commission

Election Commission

Employment Security Commission

Registration for Professional Engineers and Land Surveyors

Environmental Certification Board

Ethics Commission

Financial Institutions, Board of

Fisheries Commission, Atlantic States Marine

Office of General Services, State Fleet Management

Forestry Commission

Francis Marion University Board of Trustees

Funeral Service Board

Geologists, Board of Registration for

Governor's Mansion and Lace House Commission

DHEC-Board of Health and Environmental Control

-Office of Ocean and Coastal Resource Management Board

Higher Education Commission

Holocaust, Council on the

Housing, Finance and Development Authority

Human Affairs Commission

Indigent Defense, Commission on

Intergovernmental Relations, Advisory Commission on

Jobs and Economic Development Authority

John de la Howe School

Juvenile Justice, Dept of - Board of Juvenile Parole


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Lander University Board of Trustees

Law Examiners Board

Library Board

Liquefied Petroleum Gas Board

Long Term Health Care Administrators, Board of

Manufactured Housing Board

Maternal, Infant and Child Health, Council on

Medical Examiners, Board of

Medical University of South Carolina Board of Trustees

Mental Health, State Department of - Commission

Migrant Farm Workers Commission

Mining Council

Minority Affairs, Commission for

Museum Commission

Natural Resources, Department of

-Natural Resources Board

-Heritage Trust Advisory Board

Nuclear Advisory Council

Nursing, Board of

Occupational Health and Safety Review Board

Occupational Therapy, Board of

Old Exchange Building Commission

Opportunity School, Wil Lou Gray Board of Trustees

Opticianry, Board of Examiners in

Optometry, Board of Examiners in

Patriots Point Development Authority

Pharmacy, Board of

Physical Therapy Examiners, State Board of

Podiatry Examiners, Board of

Ports Authority Board

Prisoner of War Commission

Probation, Parole and Pardon Services, Board of

Prosecution Coordination, Commission on

Psychology, Board of Examiners in

Public Service Authority, Board of Directors

Public Service Commission

Pyrotechnic Safety, Board of

Radiation Control Technical Advisory Council

Real Estate Commission

Real Estate Appraisers Board

Reorganization Commission


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Salary, Executive and Performance Evaluation Commission

Social Work Examiners, Board of

Speech-Language Pathology and Audiology, Board of Examiners

State University Board of Trustees

Tax Board of Review

Technical and Comprehensive Education, Board for

Transportation Department Commission

University of South Carolina Board of Trustees

Veterinary Medical Examiners, Board of

Vocational Rehabilitation, Board of

Winthrop University Board of Trustees

Women, Governor's Office, Commission on

Workers' Compensation Commission

(B) The Secretary must keep an up-to-date compilation of the membership of the boards and commissions listed in subsection (A) so that members of the General Assembly and interested citizens may be informed of the current composition of these boards and commissions. This compilation must include (1) length of term for each office; (2) vacancies; (3) terms which have expired; (4) the month and year in which terms have expired or will expire; and (5) the body or authority which elects or appoints, as appropriate.

(C) The Secretary must publicize vacancies, expired terms, and those terms expiring within one year on a quarterly basis in a manner that provides the widest distribution possible."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Senator COURTNEY explained the amendment.

Amendment No. 1

Senator WALDREP proposed the following Amendment No. 1 (JUD1100.002), which was adopted:

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

/SECTION ____. The 1976 Code is amended by adding:

"Section 2-19-25. A person serving in an office elected by the General Assembly who is not seeking reelection must give written notice to the joint committee to review candidates for that office of his decision to not seek reelection. The notice must be given not less than thirty days prior to the last date for filing for that election, and is irrevocable. For purposes of this section, `person serving in an office elected by the


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