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 200, Jan. 23 | Printed Page 220, Jan. 24 |

Printed Page 210 . . . . . Tuesday, January 23, 1996

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.

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

H. 4397 -- Reps. Wilkins, Huff, Sharpe, H. Brown, D. Smith, Cato, Townsend, Haskins, J. Brown, Littlejohn, Herdklotz, Hutson, J. Young, Jennings, Simrill, Bailey, Harrell, Allison, Law, Walker, Gamble and Richardson: A BILL ENACTING THE ECONOMIC DEVELOPMENT INDUSTRIAL CLUSTER ACT OF 1996, BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-6-3480, 38-7-190, AND 12-10-45 SO AS TO ALLOW CERTAIN INCOME TAX CREDITS TO BE APPLIED AGAINST INSURANCE PREMIUM TAX LIABILITIES AND VICE VERSA AND TO PROVIDE FOR THE DESIGNATION OF ADDITIONAL ENTERPRISE ZONES IN THE CASE OF PROJECTS OF QUALIFYING TIRE MANUFACTURERS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO EXTEND THE TAX CREDIT CARRY FORWARD PERIOD FROM TEN TO FIFTEEN YEARS; TO AMEND SECTION 12-10-70, RELATING TO ADDITIONAL TAX CREDITS ALLOWED IN ENTERPRISE ZONES AND OTHER SITUATIONS RELATED TO SOCIO-ECONOMIC STATUS, SO AS TO EXTEND THESE PROVISIONS TO QUALIFYING TIRE MANUFACTURERS AND ALLOW THE QUALIFICATION OF A PERCENTAGE OF TRANSFERRED EMPLOYEES AS NEW EMPLOYEES IN THE CASE OF AN ELIGIBLE TIRE MANUFACTURER; TO AMEND SECTION 12-10-80, RELATING TO THE JOB DEVELOPMENT FEES ALLOWED QUALIFYING BUSINESSES, SO AS TO CLARIFY THE STATUS OF THE FEES IN THE EVENT OF DISQUALIFICATION AND PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH JOB DEVELOPMENT FEES MAY BE EXPENDED; TO AMEND SECTION 12-14-30, RELATING TO DEFINITIONS UNDER THE ECONOMIC IMPACT ZONE COMMUNITY DEVELOPMENT ACT OF 1995, SO AS TO PROVIDE ADDITIONAL ELIGIBILITY FOR


Printed Page 211 . . . . . Tuesday, January 23, 1996

QUALIFYING FOR THE BENEFITS ALLOWED IN THE ACT; TO AMEND SECTION 12-21-2423, AS AMENDED, RELATING TO THE RETENTION OF A PORTION OF ADMISSIONS LICENSE TAXES FOR MAJOR TOURISM OR RECREATION PROJECTS, SO AS TO CLARIFY THE APPLICATION OF THE PROVISION ALLOWING THE RETENTION OF THESE TAX REVENUES; AND TO AMEND SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND ALLOWABLE DEPRECIATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION, SO AS TO ALLOW A HIGHER DEPRECIATION RATE FOR RUBBER PRODUCTS AND ALLOW A LOWER DEPRECIATION LIMIT FOR QUALIFYING TIRE MANUFACTURERS.

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

H. 4425 -- Ways and Means Committee: A JOINT RESOLUTION MAKING APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

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

H. 4442 -- Reps. Vaughn, McMahand, Cato, Rice, Anderson, Herdklotz, Tripp, Haskins, Wilkins, Easterday and Jaskwhich: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 28, 1995, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO RECORD-SETTING RAINS, HEAVY FLOODING, AND CLOSED ROADS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

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

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1042 -- Senator Bryan: A BILL TO AMEND ACT SECTION 1(F) OF ACT 779 OF 1988, AS LAST AMENDED BY ACT 174 OF 1995,


Printed Page 212 . . . . . Tuesday, January 23, 1996

SO AS TO CHANGE THE DATE OF THE ELECTION TO ELECT A SCHOOL BOARD TRUSTEE IN ELECTION DISTRICTS 2, 4, AND 6 OF LAURENS COUNTY SCHOOL DISTRICT 55 FROM THE FIRST TUESDAY IN MARCH 1996, TO THE FIRST TUESDAY IN MARCH 1997.

(By prior motion of Senator BRYAN)

SECOND READING BILL

WITH NOTICE OF GENERAL AMENDMENTS

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

H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.

READ THE SECOND TIME

S. 918 -- Senator Jackson: A BILL TO AMEND SECTION 53-1-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF SUNDAY WORK PROHIBITIONS BY COUNTIES, SO AS TO DELETE THE REQUIREMENT OF HOLDING A REFERENDUM IN A COUNTY WHICH QUALIFIES FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150 AFTER MAY 8, 1985.

Senator JACKSON 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 second reading of the Bill.

Senator JACKSON explained the Bill.

The Bill was read the second time and ordered placed on the third reading Calendar.


Printed Page 213 . . . . . Tuesday, January 23, 1996

REFERRED

S. 919 -- Senator Jackson: A BILL TO AMEND SECTION 53-1-160 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF SUNDAY WORK PROHIBITIONS BY COUNTIES, SO AS TO PROVIDE THAT THE REFERENDUM REQUIRED IN A COUNTY WHICH QUALIFIES FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150 AFTER MAY 8, 1985, SHALL NOT BE HELD IN A COUNTY WHICH HAS ENACTED AN ORDINANCE SUSPENDING OPERATION OF THE BLUE LAWS PRIOR TO QUALIFYING FOR THE EXEMPTION PROVIDED IN SECTION 53-1-150.

Senator THOMAS 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 second reading of the Bill.

On motion of Senator THOMAS, with unanimous consent, the Bill was referred to the Greenville Delegation.

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATE.

CARRIED OVER

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.


Printed Page 214 . . . . . Tuesday, January 23, 1996

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

On motion of Senator DRUMMOND, the Bill was carried over.

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment (JIC\5990HTC.95) previously proposed on May 11, 1995, by Senators LEATHERMAN, DRUMMOND, J. VERNE SMITH and JACKSON.

On motion of Senator DRUMMOND, the Bill was carried over.

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


Printed Page 215 . . . . . Tuesday, January 23, 1996

CARRIED OVER

S. 144 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND TERMS OF OFFICE OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT THE BOARD'S OFFICE MAY BE LOCATED AT A PLACE OTHER THAN THE COUNTY SEAT WHEN IT IS NOT POSSIBLE OR PRACTICABLE TO DO SO.

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

On motion of Senator PASSAILAIGUE, the Bill was carried over.

CARRIED OVER

S. 760 -- Senator Moore: A BILL TO AMEND SECTION 40-55-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS CONSTITUTING THE PRACTICE OF PSYCHOLOGY, SO AS TO INCLUDE PRACTICING PSYCHOLOGY.

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

On motion of Senator PASSAILAIGUE, the Bill was carried over.

MOTION ADOPTED

On motion of Senators PASSAILAIGUE and BRYAN, with unanimous consent, the Senate stood adjourned out of respect to the memory of Laura S. Griffin of Charleston, S.C.

ADJOURNMENT

At 12:33 P.M., on motion of Senator LEATHERMAN, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 216 . . . . . Wednesday, January 24, 1996

Wednesday, January 24, 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 the words recorded in the Book of Joshua, Chapter 3 (vv. 3-4) (New Revised Standard Version):

"When you see the ark of the covenant of the

Lord your God being carried by the Levitical

priests, then you shall set out from your place.

Follow it, so that you may know the way you

should go, for you have not passed this way

before."
Let us pray.

Lord God Almighty, the King of the Universe, as our Governor, Your servant David Beasley, joins the House and our Senate in a Joint Session at the Koger Center, tonight we beseech the guidance, the motivation, and the will of the Spirit of God for us all.

We are dismayed that so much that was customary and familiar in former times has changed... sometimes strangely.

We thank You for the progress being made in so much of the life of our people, but like the Israelites we are still a long way off from the Promised Land of our hopes and aspirations.

As the Ark of Jehovah carried the Torah, the Law of God and His will for His people, so may we carry in our hearts and minds the Spirit of Your Law and Your Love for Your people... in the Name of Joshua's God, we pray!

Amen!

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


Printed Page 217 . . . . . Wednesday, January 24, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

October 16, 1995
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, Advisory Board of Trustees for the Veterans' Trust Fund of South Carolina, with term to commence September 15, 1995, and to expire at the pleasure of the Governor:

County Officer:

Mr. Clarence T. McGee, Berkeley County Veterans Affairs Officer, 223 North Live Oak Drive, Moncks Corner, S.C. 29461

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

November 2, 1995
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 218 . . . . . Wednesday, January 24, 1996

Statewide Appointment

Initial Appointment, South Carolina Advisory Commission on Aging, with term to commence June 30, 1995, and to expire June 30, 1998:

Area 6:

Mr. Richard M. Denny, 805 Bethune Road, Bishopville, S.C. 29010

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

November 30, 1995
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

Reappointment, South Carolina Arts Commission, with term to commence June 30, 1996, and to expire June 30, 1999:

At-Large:

Ms. Patricia E. Wilson, 9 Country Club Court, Columbia, S.C. 29206

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

December 21, 1995
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 219 . . . . . Wednesday, January 24, 1996

Statewide Appointment

Initial Appointment, Prisoner of War Commission, with term to commence July 1, 1995, and to expire July 1, 1999:

1st Congressional District:

Mr. Charles E. Youngblood, 1572 Bay Tree Lane, Myrtle Beach, S.C. 29575-5254 VICE Jacob E. Smart

Referred to the General Committee.

Doctor of the Day

Senator THOMAS introduced Dr. Patricia Westmoreland of Greenville, S.C., Doctor of the Day.

Leave of Absence

On motion of Senator PASSAILAIGUE, at 11:00 A.M., Senator McCONNELL was granted a leave of absence for today.

Message from the House

Columbia, S.C., January 23, 1996

Mr. President and Senators:

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

H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.
Very respectfully,
Speaker of the House

Received as information.

RECALLED, ADOPTED

H. 4419 -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 81 FROM THE CITY LIMIT OF GREENVILLE TO THE POINT ONE MILE SOUTH OF THE CITY


Printed Page 220 . . . . . Wednesday, January 24, 1996

LIMIT IN GREENVILLE COUNTY IN HONOR OF BISHOP WILLIAM EDWARD FULLER, SR.


| Printed Page 200, Jan. 23 | Printed Page 220, Jan. 24 |

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