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 580, Feb. 8 | Printed Page 600, Feb. 8 |

Printed Page 590 . . . . . Thursday, February 8, 1996

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

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.

Ordered for consideration tomorrow.

Senator SETZLER from the Committee on Education submitted a majority favorable with amendment and Senator BRYAN a minority unfavorable report on:

H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out S. 1109 favorable:

S. 1109 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR


Printed Page 591 . . . . . Thursday, February 8, 1996

ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 27, 1996, "YORK COUNTY DAY".

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES
Courson              Peeler               Wilson
Matthews             Patterson            O'Dell
Passailaigue         McGill
TOTAL--8

NAYS
TOTAL--0

NOT VOTING
Russell Rose
TOTAL--2

Senator COURSON from the Committee on Invitations polled out H. 4484 favorable:

H. 4484 -- Rep. Keegan: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1996 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 24, 1996, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.


Printed Page 592 . . . . . Thursday, February 8, 1996

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES
Courson              Peeler               Matthews
Patterson            Russell              O'Dell
Passailaigue         McGill
TOTAL--8

NAYS
TOTAL--0

NOT VOTING
Wilson Rose
TOTAL--2

CONCURRENCE

S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON PINEWOOD ROAD AT ITS INTERSECTION WITH McCRAY'S MILL ROAD IN SUMTER IN HONOR OF R. J. CHIC MATHIS HIGHWAY.

The House returned the Resolution with amendments.

On motion of Senator LAND, the Senate concurred in the House amendments and a message was sent to the House accordingly.

HOUSE CONCURRENCE

S. 1107 -- Senator Matthews: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THE STATE'S MOST PROMINENT COLLEGE PRESIDENTS, DR. LEONARD E. DAWSON, UPON TEN YEARS OF OUTSTANDING SERVICE AND LEADERSHIP AT VOORHEES COLLEGE.

Returned with concurrence.

Received as information.


Printed Page 593 . . . . . Thursday, February 8, 1996

HOUSE CONCURRENCE

S. 1106 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON WEDNESDAY, FEBRUARY 14, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 1996; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 7, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 8, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 9, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 11, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 12, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 13, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1996; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1996; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002;


Printed Page 594 . . . . . Thursday, February 8, 1996

TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 1996.

Returned with concurrence.

Received as information.

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. 1105 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON A SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE FILED EARLIER THAN AUGUST FIRST, OR IF AUGUST FIRST FALLS ON A SUNDAY, NOT EARLIER THAN THE FOLLOWING MONDAY.

(By prior motion of Senator MARTIN)

SECOND READING BILL

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

S. 799 -- Senators Bryan, Giese and Wilson: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCURRENT JURISDICTION OF FAMILY COURTS AND MAGISTRATE AND MUNICIPAL COURTS FOR CERTAIN VIOLATIONS BY JUVENILES, SO AS TO INCLUDE VIOLATIONS OF LITTER LAWS.

Senator COURTNEY explained the Bill.


Printed Page 595 . . . . . Thursday, February 8, 1996

AMENDED, READ THE SECOND TIME

H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.

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

The Judiciary Committee proposed the following amendment (JUD3204.002), which was adopted:

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

/SECTION 1. Section 15-3-40 of the 1976 Code, as last amended by Act 352 of 1988, is further amended to read:

"Section 15-3-40. If a person entitled to bring an action mentioned in Article 5 of this chapter or an action under Chapter 78 of this title, except for a penalty or forfeiture or against a sheriff or other officer for an escape, be is at the time the cause of action accrued either:

(1) within the age of eighteen years; or

(2) insane; or

(3) imprisoned on a criminal or civil charge or in execution under the sentence of a criminal court for a less term than his natural life;
The the time of such the disability is not a part of the time limited for the commencement of the action, except that the period within which the action must be brought cannot be extended:

(1)(a) more than five years by any such disability, except infancy; nor

(2)(b) in any case longer than one year after the disability ceases."

SECTION 2. Section 15-3-370 of the 1976 Code is amended to read:

"Section 15-3-370. If a person entitled to commence any action for the recovery of real property, or make an entry or defense founded on the title to real property or to rents or services out of the same be is, at the time such the title shall first descend or accrue, either:

(1) Within within the age of eighteen years; or

(2) Insane; or insane;

(3) Imprisoned on a criminal or civil charge or in execution upon conviction of a criminal offense for a term less than life;


Printed Page 596 . . . . . Thursday, February 8, 1996

The the time during which such the disability shall continue shall not be deemed considered any portion of the time in this article limited for the commencement of such the action or the making of such the entry or defense, but such the action may be commenced or entry or defense made after the period of ten years and within ten years after the disability shall cease or after the death of the person entitled who shall die under such the disability. But such the action shall not be commenced or entry or defense made after that period."

SECTION 3. This act takes effect upon approval by the Governor and applies to causes of action accruing on or after July 1, 1996./.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

AMENDED, READ THE SECOND TIME

H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.

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

The Judiciary Committee proposed the following amendment (JUD3954.001), which was adopted:

Amend the bill, as and if amended, page 1, lines 29 and 32, in Section 20-7-1670, as contained in SECTION 1, by striking /(e)/ on both lines and inserting therein / (f) /.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.


Printed Page 597 . . . . . Thursday, February 8, 1996

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

MOTION ADOPTED

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

THE SENATE PROCEEDED TO THE ADJOURNED DEBATES.

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.

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.

AMENDED, READ THE SECOND TIME WITH NOTICE

OF GENERAL AMENDMENTS

S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS


Printed Page 598 . . . . . Thursday, February 8, 1996

MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

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

Amendment No. 2

Senator McCONNELL proposed the following Amendment No. 2 (66R002.GFM), which was adopted:

Amend the bill, as and if amended, page 2, line 36 by adding the following:

/To the extent that federal regulations preempt state and local laws, nothing in this chapter shall conflict with the federal Department of Housing and Urban Development regulations regarding manufactured housing construction and installation./

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 3

Senator McCONNELL proposed the following Amendment No. 3 (66R003.GFM), which was adopted:

Amend the bill, as and if amended, page 3, by striking lines 26 through 28 and inserting in lieu thereof the following:

/subdivisions as authorized in Section 6-9-20 so that the unincorporated area of the county is under the jurisdiction of a building official. Municipalities shall appoint a building official or contract for a building/

Amend title to conform.

Senator McCONNELL explained the amendment.

Senator McCONNELL moved that the amendment be adopted.

The amendment was adopted.

There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.


Printed Page 599 . . . . . Thursday, February 8, 1996

Recorded Vote

Senator BRYAN desired to be recorded as voting against the second reading of the Bill.

Statement by Senator BRYAN

I voted against S. 66. I support building codes but feel like this should be decided on the local level and not mandated by the State.

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.


| Printed Page 580, Feb. 8 | Printed Page 600, Feb. 8 |

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