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 2460, May 8 | Printed Page 2480, May 8 |

Printed Page 2470 . . . . . Wednesday, May 8, 1996

address the budgetary effects of such implementation, no later than July 1, 1997?

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

B. The Department of Revenue shall publish the date and purpose of the referendum once a week for four consecutive weeks immediately preceding the date of the referendum, in a newspaper of general circulation in the jurisdiction. The department shall also prepare a fiscal impact statement on the elimination of the ad valorem property taxes as proposed in the referendum.

C. Upon the certification of the State Election Commission to the Code Commissioner of a majority "yes" vote in the referendum provided for above and no later than July 1, 1997, the General Assembly shall enact necessary and appropriate legislation to implement the property tax exemption provided for above and address the budgetary effects of such implementation, using any lawful method.

D. This SECTION takes effect upon approval by the Governor./

Amend title to conform.

Senator PASSAILAIGUE argued in favor of the adoption of the amendment.

RECESS

At 12:57 P.M., on motion of Senator DRUMMOND, with unanimous consent, Senator PASSAILAIGUE retaining the floor, the Senate receded from business not to exceed ten minutes.

At 1:10 P.M., the Senate resumed.

PRESIDENT PRESIDES

At 1:10 P.M., the PRESIDENT assumed the Chair.

Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.

Objection

With Senator PASSAILAIGUE retaining the floor, Senator McCONNELL asked unanimous consent to make a motion that the Bill be


Printed Page 2471 . . . . . Wednesday, May 8, 1996

removed from the status of Adjourned Debate and be placed on the Third Reading Calendar.

Senator BRYAN objected.

Senator BRYAN withdrew his objection.

Senator RICHTER objected.

Senator PASSAILAIGUE continued arguing in favor of the adoption of the amendment.

Senator PASSAILAIGUE moved to recommit the Bill to the Committee on Finance.

A roll call vote was ordered.

Parliamentary Inquiry

Senator RICHTER made a Parliamentary Inquiry as to whether the motion to recommit was a debatable motion.

The PRESIDENT stated that the motion was debatable.

Senator RICHTER asked to be recognized on the motion.

The PRESIDENT stated that a roll call vote had been ordered.

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

Ayes 25; Nays 12

AYES
Alexander           Courson             Courtney
Drummond            Ford                Giese
Gregory             Hayes               Holland
Land                Lander              Matthews
McConnell           McGill              Mescher
Moore               O'Dell              Passailaigue
Peeler              Rankin              Reese
Saleeby             Short               Smith, J.V.
Washington          
TOTAL--25

Printed Page 2472 . . . . . Wednesday, May 8, 1996

NAYS
Bryan                Cork                 Hutto
Jackson              Leventis             Richter
Russell              Ryberg               Setzler
Smith, G.            Waldrep              Wilson
TOTAL--12

The Bill was recommitted to the Committee on Finance.

Statement by Senator MESCHER

I wish for the Journal to reflect that Senator ROSE could not be present during the consideration of this Bill or participate in the roll call vote on the motion to adjourn debate inasmuch as he was involved in a very important meeting on his legislation involving drug impaired pregnant mothers.

CARRIED OVER

S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.

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

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

THE SENATE PROCEEDED TO THE SPECIAL ORDERS.

CARRIED OVER

S. 1142 -- Banking and Insurance Committee: A BILL TO AMEND THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT AND TITLE 56, RELATING TO MOTOR VEHICLE REGISTRATION AND FINANCIAL SECURITY, TO PROVIDE FOR THE ESTABLISHMENT OF AN UNINSURED MOTORIST FUND; TO PROVIDE THAT THERE SHALL BE AN ASSIGNED RISK PLAN, KNOWN AS THE


Printed Page 2473 . . . . . Wednesday, May 8, 1996

"SOUTH CAROLINA AUTOMOBILE INSURANCE PLAN"; AMONG OTHER THINGS, (ABBREVIATED TITLE)

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

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

DEBATE ADJOURNED

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.

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

Senator LAND spoke on the Bill.

Senator LAND moved to adjourn debate on the Bill.

Parliamentary Inquiry

Senator LEVENTIS made a Parliamentary Inquiry as to whether or not the motion to adjourn debate was debatable.


Printed Page 2474 . . . . . Wednesday, May 8, 1996

The PRESIDENT stated that the motion to adjourn debate was not debatable.

Parliamentary Inquiry

Senator RICHTER made a Parliamentary Inquiry as to whether or not Senator LAND retained the floor.

The PRESIDENT stated that Senator LAND did not retain the floor.

Debate was adjourned on the Bill.

CARRIED OVER

H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.

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

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

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

CARRIED OVER

H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.


Printed Page 2475 . . . . . Wednesday, May 8, 1996

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 1 (S-INS-001) proposed by Senators LAND and SALEEBY and previously printed in the Journal of January 31, 1996.

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

CARRIED OVER

H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 3 (GFK\22421JM.96) proposed by Senator GIESE and previously printed in the Journal of March 28, 1996.

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

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.

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

On motion of Senator COURTNEY, the Joint Resolution was carried over.


Printed Page 2476 . . . . . Wednesday, May 8, 1996

CARRIED OVER

H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

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

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

CARRIED OVER

H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.

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


Printed Page 2477 . . . . . Wednesday, May 8, 1996

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

CARRIED OVER

H. 4727 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.

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

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

DEBATE INTERRUPTED

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 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 LEVENTIS spoke on the Bill.

Senator LEVENTIS spoke on the Bill.

With Senator LEVENTIS retaining the floor, Senator DRUMMOND asked unanimous consent to make a motion that the Senate stand in recess until 3:00 P.M.

On motion of Senator DRUMMOND, debate was interrupted by recess, with Senator LEVENTIS retaining the floor.


Printed Page 2478 . . . . . Wednesday, May 8, 1996

RECESS

At 1:42 P.M., on motion of Senator DRUMMOND, the Senate receded from business until 3:00 P.M.

AFTERNOON SESSION

The Senate reassembled at 3:05 P.M. and was called to order by the PRESIDENT.

Point of Quorum

Senator MOORE 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:

Alexander            Bryan                Cork
Courson              Courtney             Drummond
Fair                 Ford                 Giese
Hayes                Holland              Hutto
Land                 Lander               Leventis
Martin               McConnell            Mescher
Moore                O'Dell               Passailaigue
Patterson            Peeler               Rankin
Richter              Russell              Ryberg
Saleeby              Short                Smith, G.
Smith, J.V.          Waldrep              Washington
Wilson               
A quorum being present, the Senate resumed.

ACTING PRESIDENT PRESIDES

At 3:15 P.M., Senator MARTIN assumed the Chair.

RECESS

At 3:20 P.M., on motion of Senator MOORE, the Senate receded from business not to exceed five minutes.

At 3:25 P.M., the Senate resumed.

DEBATE INTERRUPTED

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY


Printed Page 2479 . . . . . Wednesday, May 8, 1996

ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE 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 LEVENTIS spoke on the Bill.

With Senator LEVENTIS retaining the floor, Senator MOORE asked unanimous consent to make a motion that consideration of the Bill be interrupted, not to be taken up prior to Tuesday, May 14, 1996, at 12:00 Noon, and that the Bill be placed in the status of Interrupted Debate.

MOTION ADOPTED

On motion of Senators SETZLER and LANDER, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Homer B. Twitty of Cayce, S.C.

MOTION ADOPTED

On motion of Senator DRUMMOND, with unanimous consent, the Senate stood adjourned out of respect to the memory of Dr. William S. Brockington of Greenwood, S.C., '41 graduate of MUSC, who completed his internship and residency at Roper Hospital. He served as Battalion Surgeon for the 35th Infantry Division of General Patton's 3rd Army during WWII, and was the personal physician to General George Patton. He also was awarded the Bronze Star with Oak Leaf Cluster, the Purple Heart, the Combat Medic Badge, and the European Theater of Operations Medal with five campaign stars. He served on the USC Board of Trustees and had been a surgeon at the Self Memorial Hospital since 1949.


| Printed Page 2460, May 8 | Printed Page 2480, May 8 |

Page Finder Index

This web page was last updated on Monday, June 29, 2009 at 1:58 P.M.