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

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Printed Page 2790 . . . . . Thursday, May 16, 1996

Message from the House

Columbia, S.C., May 15, 1996

Mr. President and Senators:

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

H. 4976 -- Reps. Rhoad and Cave: A BILL TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE A SEPARATE PENALTY FOR ARSON OF A BUILDING OF WORSHIP.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1420 -- Senators Courson, Holland, Saleeby, Land, Setzler, McConnell, Moore, Bryan, Thomas, Wilson, Passailaigue, Hayes, Courtney, Cork, Gregory, Rankin, Richter, Greg Smith, Waldrep, Boan, Fair and Hutto: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS, FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.

The question then was the adoption of the Concurrent Resolution.

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

Ayes 46; Nays 0

AYES
Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Elliott              Fair
Ford                 Giese                Glover
Gregory              Hayes                Holland
Hutto                Jackson              Land

Printed Page 2791 . . . . . Thursday, May 16, 1996

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--46

NAYS
TOTAL--0

The Concurrent Resolution was adopted, ordered sent to the House.

S. 1421 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO COMBATIVE SPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1907, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1422 -- Senator Ryberg: A BILL TO AMEND ACT 268 OF 1989, RELATING TO THE TAX MILLAGE AUTHORIZED TO BE LEVIED FOR THE OPERATIONS OF THE SCHOOL DISTRICT OF AIKEN COUNTY, SO AS TO INCREASE THE MILLAGE AUTHORIZED TO BE LEVIED FROM EIGHTY-FOUR MILLS TO EIGHTY-SIX AND THREE-TENTHS MILLS.

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

S. 1423 -- Judiciary Committee: A BILL TO ENACT THE OMNIBUS HIGHWAY SAFETY ACT BY AMENDING THE CODE OF LAWS OF


Printed Page 2792 . . . . . Thursday, May 16, 1996

SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285, SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC NINETY-DAY SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS THIRTY DAYS AFTER THE ARRESTING OFFICER TAKES POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE REVIEW, ADMINISTRATIVE HEARING, AND A TRIAL DE NOVO ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951, SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE AND PRESERVE THE RIGHT TO A JURY TRIAL; AND BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE
Printed Page 2793 . . . . . Thursday, May 16, 1996

THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES.

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

H. 4961 -- Reps. Keyserling, Richardson, White, Inabinett, McTeer and Lloyd: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY HIGHWAY" FOR THE LATE SENATOR WILLIAM BRANTLEY HARVEY AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5030 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING FORT MILL HIGH SCHOOL OF YORK COUNTY ON WINNING THE CLASS AAA BOYS TENNIS STATE CHAMPIONSHIP FOR 1996.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5032 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXTEND CONDOLENCES AND SYMPATHY TO THE FAMILY AND FRIENDS OF MRS. MARY LUCILLE BALDWIN MARTIN OF ANDERSON, SOUTH CAROLINA, WHO DIED SUNDAY, MAY 5, 1996.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5033 -- Rep. Wilder: A CONCURRENT RESOLUTION COMMENDING MR. HAROLD WILLIAMS FOR THIRTY-SIX YEARS OF SERVICE TO LAURENS COUNTY SCHOOL DISTRICT 56 WHICH INCLUDES TWENTY-FOUR YEARS ON THE CLINTON HIGH SCHOOL COACHING STAFF.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5034 -- Rep. Fulmer: A CONCURRENT RESOLUTION CONGRATULATING LARRY D. SHIRLEY OF CHARLESTON ON RECEIVING THE CARROLL H. JONES AWARD FROM THE SOUTH CAROLINA STATE ASSOCIATION OF LIFE UNDERWRITERS, INC.,


Printed Page 2794 . . . . . Thursday, May 16, 1996

IN RECOGNITION OF MR. SHIRLEY'S HIGH STANDARDS AND ACCOMPLISHMENTS AS A LIFE UNDERWRITER.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 5035 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. ELIZABETH WOOLBRIGHT OF OCONEE COUNTY AND EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO HER FOR MAKING HER HOME AVAILABLE AS THE POLLING PLACE FOR PROVIDENCE PRECINCT SINCE 1927.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4112 -- Reps. Hutson, Chamblee, Limehouse, Stoddard, Wright, Seithel, Cromer, Thomas, Quinn, Witherspoon, Stille, Shissias, Wofford, Hallman, Riser, Harrell, Cato, Haskins, Fulmer, Dantzler, Vaughn, Fleming, Knotts, H. Brown and J. Harris: A BILL TO AMEND SECTION 56-5-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TABULATION, ANALYSIS, AND PUBLICATION OF STATISTICAL INFORMATION REGARDING ACCIDENT REPORTS, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO COMPILE THIS INFORMATION FOR EACH ONE HUNDRED METER STRETCH OF HIGHWAY WHERE TWO OR MORE TRAFFIC ACCIDENTS HAVE OCCURRED, AND TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO USE THIS INFORMATION TO DEVELOP, IMPLEMENT, AND SUBMIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY AN ANNUAL PLAN TO IMPROVE SAFETY CONDITIONS ALONG THESE SEGMENTS OF HIGHWAY.

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

H. 5015 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL YEAR (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1933, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5017 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EMERGENCY CLOSINGS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1936,


Printed Page 2795 . . . . . Thursday, May 16, 1996

PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5018 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER INCENTIVE PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1942, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5019 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO NONPROFESSIONAL PERSONNEL HEALTH EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1951, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5020 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PARAPROFESSIONAL PERSONNEL HEALTH EXAMINATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1954, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5022 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ENTRANCE AGE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1973, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5023 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL CENSUS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1980,


Printed Page 2796 . . . . . Thursday, May 16, 1996

PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

H. 5024 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICY DEVELOPMENT (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

REPORTS OF STANDING COMMITTEES

Senator SETZLER from the Committee on Education submitted a favorable with amendment report on:

H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.

Ordered for consideration tomorrow.

Senator MOORE from the Committee on Medical Affairs polled out H. 4717 favorable:

H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.


Printed Page 2797 . . . . . Thursday, May 16, 1996

Poll of the Medical Affairs Committee on H. 4717

Ayes 17; Nays 0; Not Voting 1

AYES
Moore                Smith, J.V.          Peeler
Bryan                Courson              Giese
Thomas               Washington           Rose
Hayes                Ford                 Jackson
Richter              Short                Alexander
Smith, G.            Boan
TOTAL--17

NAYS
TOTAL--0

NOT VOTING
Cork
TOTAL--1

Ordered for consideration tomorrow.

Senator HOLLAND from the Committee on Judiciary polled out H. 4589 favorable with amendment:

H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY.

Poll of the Judiciary Committee on H. 4589

Ayes 16; Nays 0; Not Voting 2

AYES
Holland              McConnell            Bryan
Wilson               Moore                Russell
Courtney             Cork                 Ford
Glover               Gregory              Jackson

Printed Page 2798 . . . . . Thursday, May 16, 1996

Lander               Martin               Mescher
Rankin
TOTAL--16

NAYS
TOTAL--0

NOT VOTING
Saleeby Rose
TOTAL--2

Ordered for consideration tomorrow.

CONCURRENCE

S. 1197 -- Senators Drummond and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-845 SO AS TO REQUIRE NONRESIDENTS OWNING OR OPERATING SHAD NETS IN THE SAVANNAH RIVER TO BE LICENSED AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE, TO PROVIDE FOR HUNTER EDUCATION PROGRAMS, AND TO PROVIDE FOR THE DISBURSAL OF REVENUE FROM LICENSES AND PERMITS; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-1-170 RELATING TO THE DISPOSITION OF FINES COLLECTED IN BEAUFORT COUNTY FOR VIOLATIONS OF FISH AND GAME LAWS, SECTION 50-1-230 RELATING TO THE USE OF FUNDS COLLECTED IN THE SANTEE COOPER AREA, SECTION 50-11-2240 RELATING TO


Printed Page 2799 . . . . . Thursday, May 16, 1996

HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.

The House returned the Bill with amendments.

Senator LAND explained the Bill.

On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE CONCURRENCE

S. 1418 -- Senator Peeler: A CONCURRENT RESOLUTION HONORING THE MEMORY OF FRANKLIN DOUGLAS PITTMAN OF GAFFNEY WHO DIED SUNDAY, MAY 21, 1995, WHILE ATTEMPTING TO SAVE THE LIFE OF A TWELVE-YEAR-OLD BOY WHO DROWNED.

Returned with concurrence.

Received as information.

THERE BEING NO UNCONTESTED BILLS ON THE STATEWIDE CALENDAR, THE SENATE PROCEEDED TO THE MOTION PERIOD.

MOTION ADOPTED

Time Fixed

Senator PEELER moved that when the Senate stands adjourned today, it stand adjourned to meet in Statewide Session on Friday, May 17, 1996, at 11:00 A.M.

The Senate agreed that when it adjourns today, that it stand adjourned to meet on Friday, May 17, 1996, at 11:00 A.M.

MOTION ADOPTED

On motion of Senator DRUMMOND, the Senate agreed to go into Executive Session.

Having reconvened following the Executive Session, Senator PEELER moved to dispense with the Motion Period.


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