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 3200, May 23 | Printed Page 3220, May 28 |

Printed Page 3210 . . . . . Thursday, May 23, 1996

Time Fixed

Senator HAYES moved that when the Senate adjourns on Friday, May 24, 1996, it stand adjourned to meet next Tuesday, May 28, 1996, at 12:00 Noon, which motion was adopted.

ADJOURNMENT

At 9:24 P.M., on motion of Senator MOORE, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

* * *


Printed Page 3211 . . . . . Friday, May 24, 1996

Friday, May 24, 1996

(Local 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 ACTING PRESIDENT, Senator JACKSON.

REPORT RECEIVED

The Annual Report of the Joint Legislative Committee on Aging was received and ordered printed in the House Journal of Friday May 24, 1996.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.

(By prior motion of Senator GREG SMITH, with unanimous consent)

HOUSE BILLS RETURNED

The following House Bills were read the third time and ordered returned to the House with amendments:

H. 5028 -- Reps. Neilson, Baxley and J. Hines: A BILL TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY.

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

H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION


Printed Page 3212 . . . . . Friday, May 24, 1996

OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT.

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

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: 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, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

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

H. 4789 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A BUSINESS, OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE CARRIED FORWARD; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY AND TO CHANGE REFERENCES FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S


Printed Page 3213 . . . . . Friday, May 24, 1996

DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-585, RELATING TO THE REPORTING OF CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO BECAME EMPLOYED AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.

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

MOTION ADOPTED

On motion of Senator WILSON, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mr. Russell W. Sherer of Chapin, S.C.


Printed Page 3214 . . . . . Friday, May 24, 1996

ADJOURNMENT

At 11:53 A.M., on motion of Senator PATTERSON, the Senate adjourned to meet next Tuesday, May 28, 1996, at 12:00 Noon.

* * *


Printed Page 3215 . . . . . Tuesday, May 28, 1996

Tuesday, May 28, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, 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 Prophet Isaiah's word of hope for his people, Chapter 62:

"You shall be a crown of beauty

in the hand of the Lord, and a

Royal diadem in the hand of your God.

You shall no more be termed

Forsaken."
Let us pray.

Lord God of the ages, we bow in humble gratitude today in sacred memory of those who gave their lives in our nation's past, that we may enjoy the blessings that are ours in these days.

What monuments can we erect, dear Lord, to their memory?

Give us VISION AND COURAGE that we may raise a monument of lofty deeds in OUR GENERATION!

Give us resources of CHARACTER and determination for the right that we may raise a monument of high national purpose in selfless service in our day!

As we remember those buried beneath the waves of the sea, the unmarked graves known only to God, and the white crosses that dot a hundred battlefields the whole world round, let us take a look at our flag and draw the sword of the Spirit, the word of truth, and continue the fight, that we may be true to generations unborn... in the Name of the King of Kings and Lord of Lords!

Amen.

Point of Quorum

Senator McCONNELL made the point that a quorum was not present. It was ascertained that a quorum was not present.


Printed Page 3216 . . . . . Tuesday, May 28, 1996

Call of the Senate

Senator McCONNELL moved that a call of the Senate be made. The following Senators answered the call:

Alexander            Boan                 Bryan
Cork                 Courson              Courtney
Drummond             Fair                 Ford
Giese                Gregory              Hayes
Holland              Hutto                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.          Waldrep              Washington
Wilson
A quorum being present, the Senate resumed

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

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 15, 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


Printed Page 3217 . . . . . Tuesday, May 28, 1996

Statewide Appointments

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 2000:

Pee Dee-Recipient/Donor/Family:

Franklin G. Mason, D.D.S., 160 East Wine Street, Mullins, S.C. 29574

Initial Appointment, Board of Directors of the Gift of Life Trust Fund, with term to commence April 1, 1996, and to expire April 1, 1999:

Forensic Pathologist:

Joel S. Sexton, M.D., Post Office Box 497, Newberry, S.C. 29108

Referred to the Committee on Finance.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1431 -- Senator Setzler: A SENATE RESOLUTION TO COMMEND MRS. DARLENE D. COX OF WEST COLUMBIA, AN OUTSTANDING MUSIC TEACHER WITH LEXINGTON SCHOOL DISTRICT TWO, FOR HER DISTINGUISHED THIRTY-YEAR CAREER IN EDUCATION UPON HER RETIREMENT.

The Senate Resolution was adopted.

S. 1432 -- Senators Holland, Cork, Ford, McConnell, Jackson, Courtney, Bryan, Russell, Mescher, Moore, Martin, Saleeby, Lander, Wilson and Rankin: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO FORMULATE RECOMMENDATIONS FOR THE GENERAL ASSEMBLY TO CONSIDER IN EVALUATING THE LAWS CONCERNING THE JURISDICTION, NUMBER OF AVAILABLE POSITIONS, LOCATION, QUALIFICATIONS, CONTINUING EDUCATION AND CERTIFICATION REQUIREMENTS, AND COMPENSATION AND OTHER BENEFITS OF MAGISTRATES IN EACH COUNTY AND THROUGHOUT THE STATE AND THE MAGISTRATES COURTS' ROLE IN THE UNIFORM JUDICIAL SYSTEM.

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


Printed Page 3218 . . . . . Tuesday, May 28, 1996

HOUSE AMENDMENTS AMENDED

RETURNED TO THE HOUSE WITH AMENDMENTS

S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN AND TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING THE PUBLIC OFFICES REFERRED TO IN SECTION 7 OF ARTICLE III AND SECTION 1 OF ARTICLE VI IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

The House returned the Resolution with amendments.

Senator McCONNELL explained the amendments.

Amendment No. 1

Senator McCONNELL proposed the following Amendment No. 1 (JUD0556.001), which was adopted:

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

/SECTION 1. It is proposed that Article III, Section 7 of the Constitution of this State be amended to read:

"Section 7. No person shall be is eligible for a seat in the Senate or House of Representatives who, at the time of his election, is not a duly qualified elector under this Constitution in the Senatorial district in regard to any particular seat as may be designated by the General Assembly, as to the Senate, and in the county, as to the House, in which he may be chosen. Senators shall must be at least twenty-five and Representatives at least twenty-one years of age. No person who has been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or who has pled guilty or nolo contendere to these offenses, is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provision of this


Printed Page 3219 . . . . . Tuesday, May 28, 1996

Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law or a violation of certain election laws, or who has pled guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office fifteen years or more from the date the sentence, including probation and parole time, has been served?

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'."

SECTION 3. It is proposed that Article VI, Section 1 of the Constitution of this State be amended to read:

"Section 1. No person shall may be popularly elected to and serve in any office in this State or its political subdivisions unless he possess possesses the qualifications of an elector,. Every qualified elector shall be eligible to any office to be voted for, unless is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law or convicted of tampering with a voting machine, fraudulent registration or voting, bribery at elections, procuring or offering to procure votes by bribery, voting more than once at elections, impersonating a voter, or swearing falsely at elections/taking oath in another's name, or has not pled guilty or nolo contendere to these offenses. However, notwithstanding any other provision of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office fifteen years or more after the completion date of service of the sentence, including probation and parole time. No person shall may be elected or appointed to office in this State for life or during good


| Printed Page 3200, May 23 | Printed Page 3220, May 28 |

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