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

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Printed Page 2030 . . . . . Friday, April 26, 1996

(By prior motion of Senator COURTNEY, with unanimous consent)

S. 1198 -- Senator Alexander: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, POWERS, AND DUTIES OF COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE SCOPE OF THEIR DUTIES.

(By prior motion of Senator ALEXANDER, with unanimous consent)

S. 1209 -- Senator Richter: A JOINT RESOLUTION TO RESCIND AND REPEAL THE RESOLUTION ENACTED ON DECEMBER 19, 1843, GRANTING TO DAVID TRUESDELL AN EXCLUSIVE RIGHT TO PLANT OYSTERS ON A TRACT OF MARSHLAND AT THE NORTHEAST END OF SULLIVAN'S ISLAND.

(By prior motion of Senator PEELER, with unanimous consent)

S. 1293 -- Senators Thomas, Giese, Courson, Fair, Hayes, Jackson, Passailaigue, Russell and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER


Printed Page 2031 . . . . . Friday, April 26, 1996

FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.

(By prior motion of Senator MARTIN, with unanimous consent)

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

(By prior motion of Senator RANKIN, with unanimous consent)

S. 1335 -- Senator Drummond: A BILL TO AMEND CHAPTER 9, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEASURES, BY ADDING ARTICLE 5 ENACTING THE SOUTHERN REGIONAL EMERGENCY MANAGEMENT ASSISTANCE COMPACT IN ORDER TO PROVIDE FOR MUTUAL ASSISTANCE BETWEEN THE MEMBER STATES IN MANAGING EMERGENCIES OR DISASTERS DULY DECLARED BY THE GOVERNOR OF THE AFFECTED STATE AND MUTUAL


Printed Page 2032 . . . . . Friday, April 26, 1996

COOPERATION IN EMERGENCY-RELATED EXERCISES AND TRAINING ACTIVITIES.

(By prior motion of Senator DRUMMOND, with unanimous consent)

S. 1358 -- Senator Thomas: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.

(By prior motion of Senator COURTNEY, with unanimous consent)

S. 1366 -- Senator Holland: A BILL TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.

(By prior motion of Senator COURTNEY, with unanimous consent)

SECOND READING BILL

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

S. 1395 -- Senator Courtney: A BILL TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT


Printed Page 2033 . . . . . Friday, April 26, 1996

ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO HAVE FORFEITED ITS ARTICLES OF INCORPORATION UNTIL IT CERTIFIES THE ADOPTION OF ONE OF THE FORMS TO THE SECRETARY OF STATE, AND TO FURTHER PROVIDE THAT THE ARTICLES OF INCORPORATION MUST BE REINSTATED UPON THE CERTIFICATION OF THE ADOPTION.

(By prior motion of Senator COURTNEY, with unanimous consent)

ADJOURNMENT

At 12:15 P.M., on motion of Senator COURSON, the Senate adjourned to meet next Monday, April 29, 1996, at 2:00 P.M.

* * *


Printed Page 2034 . . . . . Monday, April 29, 1996

Monday, April 29, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:00 P.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 Jeremiah's plea to his people, Chapter 11 (vv. 23-24) (NRSV):

"Thus says the Lord: Do not let the wise

boast in their wisdom, do not let the

mighty boast in their might, do not let

the wealthy boast of their wealth; but let

those who boast boast in this, that

they understand and know Me, that I am the

Lord; I act with steadfast love, justice and

righteousness in the earth, for in these things

I delight, says the Lord."
Let us pray.

Dear Lord, we come to consider the budget, how to distribute our people's money!

We hear the auctioneer at Sotheby's selling Jackie Kennedy's left-overs at fabulous prices.

We see Jeremiah trying to save Jerusalem who had lost her sense of values, and were committed to idols of silver and gold, gods made by human hands.

In this hour of our history we come as your stewards, and servants of our people.

Lead us, O Lord, to our priorities, in the Name of Jeremiah's God.

Amen!

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


Printed Page 2035 . . . . . Monday, April 29, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 5, 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

Statewide Appointment

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

Four-year Institution, Ex Officio:

Mr. E. Bart Daniel, Post Office Box 1611, Charleston, S.C. 29402

Referred to the Committee on Education.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 9, 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 2036 . . . . . Monday, April 29, 1996

Statewide Appointment

Initial Appointment, State Athletic Commission, with term to commence March 6, 1996, and to expire March 6, 2000:

2nd Congressional District:

Mr. Robert O. Williams, 1104 Indigo Avenue, Cayce, S.C. 29033 VICE John H. Holladay, Jr.

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 10, 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

Statewide Appointments

Reappointment, Commission of Hearing Aid Specialists, with term to commence July 31, 1996, and to expire July 31, 2000:

Dealer:

Mr. James E. Wasson, ABC Hearing Center/Services, 6 Wood Thrush Court, Hilton Head Island, S.C. 29926

Referred to the Committee on Medical Affairs.

Initial Appointment, State Board of Barber Examiners, with term to commence June 30, 1994, and to expire June 30, 1998:

Barber:

Ms. Betty J. Thompson, 118 Endless Drive, Greer, S.C. 29651 VICE Karen J. Scott (resigned)

Referred to the General Committee.


Printed Page 2037 . . . . . Monday, April 29, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 11, 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

Statewide Appointment

Initial Appointment, South Carolina Interagency Merit System Council, with term to commence June 30, 1992, and to expire June 30, 1997:

At-Large:

Ms. Eunice G. McMillian, 11 Heritage Village Lane, Columbia, S.C. 29212 VICE Dianne T. Poston (resigned)

Referred to the Committee on Finance.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committee for consideration:

Document No. 1986
Promulgated by Board of Education
43-201.2. School Grants (Repeal)
Received by Lt. Governor April 25, 1996
Referred to Senate Committee on Education
120 day review expiration date August 23, 1996
(Subject to Sine Die Revision)


Printed Page 2038 . . . . . Monday, April 29, 1996

Document No. 1987
Promulgated by Board of Education
43-201.4. Principal Incentive Program (Repeal)
Received by Lt. Governor April 25, 1996
Referred to Senate Committee on Education
120 day review expiration date August 23, 1996
(Subject to Sine Die Revision)

Document No. 1988
Promulgated by Board of Education
43-201.5. Competitive School Innovation Grants Program (Repeal)
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Education
120 day review expiration date August 24, 1996
(Subject to Sine Die Revision)

Document No. 1990
Promulgated by Board of Education
43-166. Student and School Safety (Amend)
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Education
120 day review expiration date August 24, 1996

Document No. 1991
Promulgated by Board of Education
43-170. Annual Budget Deadlines and Schedules (Repeal)
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Education
120 day review expiration date August 24, 1996

Document No. 1992
Promulgated by Board of Education
43-171. State Aid (Repeal)
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Education
120 day review expiration date August 24, 1996
(Subject to Sine Die Revision)


Printed Page 2039 . . . . . Monday, April 29, 1996

Document No. 1994
Promulgated by Board of Education
43-173. Financial Reports and Statements (Repeal)
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Education
120 day review expiration date August 24, 1996
(Subject to Sine Die Revision)

Document No. 1995
Promulgated by Board of Education
43-174. Accounting and Reporting Inventories (Repeal)
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Education
120 day review expiration date August 24, 1996
(Subject to Sine Die Revision)

Document No. 1996
Promulgated by Board of Education
43-175. Audits (Repeal)
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Education
120 day review expiration date August 24, 1996
(Subject to Sine Die Revision)

Document No. 1997
Promulgated by Board of Education
43-269. Criteria for the Promotion of Students to the Next Higher Grade (Repeal)
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Education
120 day review expiration date August 24, 1996
(Subject to Sine Die Revision)

Document No. 1998
Promulgated by Board of Education
43-400. Audiovisual Library Services (Repeal)
Received by Lt. Governor April 26, 1996
Referred to Senate Committee on Education
120 day review expiration date August 24, 1996
(Subject to Sine Die Revision)


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