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 610, Feb. 8 | Printed Page 630, Feb. 13 |

Printed Page 620 . . . . . Tuesday, February 13, 1996

Be it resolved by the Senate:

That Rule 1, Rules of the Senate, is amended to read:

"The Senate, on the first day of each annual session, shall convene at 12 o'clock noon, and on adjournment immediately recess thereafter, shall stand adjourned recessed until 11 o'clock a.m. of the following session day as herein prescribed 12 o'clock on the second Tuesday in February. After adjournment on the second Tuesday in February, it shall stand adjourned until 11 o'clock a.m. of the following session day as prescribed in this rule. The Senate shall meet on Tuesday, Wednesday, and Thursday for statewide matters and on Friday for local matters and uncontested matters which have previously received unanimous consent to be taken up. The Senate shall stand adjourned Saturday through Monday unless otherwise ordered by a majority vote of the members present in statewide session.

The Senate shall meet only in committee and subcommittee from the second day of the session until the second Tuesday in February when the meeting schedule shall revert to the provisions of the first paragraph of this rule, provided, however, that the Senate may meet as a body between the second day of the session and the second Tuesday in February at the call of the chair."

Referred to the Committee on Rules.

S. 1131 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MRS. FRANCES MARSHALL OF JOHNSTON, WHO WAS BURIED FRIDAY, SEPTEMBER 1, 1995.

The Senate Resolution was adopted.

S. 1132 -- Senator Moore: A SENATE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SENATE TO THE FAMILY AND MANY FRIENDS OF MR. ROBERT A. (BOBBY) COVAR OF EDGEFIELD, WHO DIED WEDNESDAY, SEPTEMBER 6, 1995.

The Senate Resolution was adopted.


Printed Page 621 . . . . . Tuesday, February 13, 1996

S. 1133 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND MRS. MILDRED C. "MILLIE" BAGNAL OF CAYCE FOR HER LONG AND DISTINGUISHED CAREER AS AN EDUCATOR IN SOUTH CAROLINA UPON HER UPCOMING RETIREMENT.

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

S. 1134 -- Senators Ryberg, Moore and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE REDCLIFFE ELEMENTARY SCHOOL OF THE AIKEN SCHOOL DISTRICT FOR BEING A REGIONAL WINNER OF THE EIGHTEENTH ANNUAL PALMETTO'S FINEST AWARD, A STATEWIDE AWARD SPONSORED BY THE ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.

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

H. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.

Whereas, Joseph Jefferson Wofford "Shoeless Joe" Jackson was born on July 16, 1889, in Pickens County; and

Whereas, Joe's family moved to the Brandon Mill Community in Greenville County when he was six years of age; and

Whereas, by 1902, at thirteen years of age, he was working twelve hours a day in a cotton mill in Greenville County; and

Whereas, Joe's only escape from the drudgery of the mill was in the fields playing baseball; and

Whereas, at the age of fifteen he was an outfielder for the Brandon Mill Baseball Team; and

Whereas, at nineteen years of age Joe signed a seventy-five dollar a month contract to begin his professional baseball career playing for the Greenville Spinners in 1908; and

Whereas, Connie Mack, upon discovering Joe's talent, is credited with saying, "An apothecary down in that burg who had previously written me some good tips in regard to young prospects kept urging me to give this fellow a trial. But what intrigued me most was that this prodigy played


Printed Page 622 . . . . . Tuesday, February 13, 1996

without shoes. He doesn't wear spikes or in fact any kind of covering for his feet, came the tip. He's so fast that he can tear around those bases without any such help."; and

Whereas, on July 19, 1908, Joe married his greatest fan and sweetheart, Katie Wynn; and

Whereas, he played for the Philadelphia Athletics during the 1908-1909 season and for the Cleveland Indians from 1910-1915; and

Whereas, while playing for the Indians, Ty Cobb said that Joe was the finest natural hitter he had ever seen; and

Whereas, at the end of the 1915 season, he was traded to the Chicago White Sox where he played on the White Sox's 1917 World Series Championship Team; and

Whereas, the moment in history that "Shoeless Joe Jackson" unfortunately is remembered best is for supposedly throwing the 1919 World Series game between the White Sox and the Cincinnati Reds; and

Whereas, Joe and seven of his teammates were banished from organized baseball for life by Baseball Commissioner, Judge Kenesaw Mountain Landis for this alleged crime even though they were found innocent in a jury trial in 1921; and

Whereas, in 1929, Joe and Katie returned to Greenville County as heroes for giving their best to major league baseball and proceeded to open and operate several businesses; and

Whereas, Joe died on December 5, 1951; and

Whereas, there has been an ongoing battle to have his name entered into the Major League Baseball Hall of Fame; and

Whereas, in an effort to demonstrate Joe's importance to baseball and to the community in which he lived, KM Fabrics, Inc., on December 7, 1993, donated and deeded the land known as Old Brandon Mill Ball Field to the Greenville County Recreation District. This is the field on which Joe learned to play the game he truly loved; and

Whereas, The Greenville County Recreation District conducted a "ground breaking" ceremony at this site on October 27, 1994, for the "Shoeless Joe Jackson Memorial Park"; and

Whereas, a grand opening and dedication ceremony for the park will take place on Saturday, March 30, 1996; and

Whereas, it is fitting and proper that a portion of United States Highway 123 in Greenville County from the Greenville County line continuing to Pendleton Street be named the "Shoeless Joe Jackson Memorial Parkway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:


Printed Page 623 . . . . . Tuesday, February 13, 1996

That the members of the General Assembly request that the Department of Transportation designate and name a portion of United States Highway 123 in Greenville County described in this resolution as the "Shoeless Joe Jackson Memorial Parkway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Shoeless Joe Jackson Memorial Parkway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and the family of Joseph Jefferson Wofford Jackson.

Referred to the Committee on Transportation.

H. 4267 -- Reps. Cato and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT INSURERS ISSUING A WORKERS' COMPENSATION INSURANCE POLICY SHALL OFFER, AS A PART OF THE POLICY OR AS AN OPTIONAL ENDORSEMENT TO THE POLICY, DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR BENEFITS PAYABLE UNDER TITLE 42, WORKERS' COMPENSATION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.

Read the first time and referred to the Committee on Banking and Insurance.

H. 4369 -- Reps. Cato, Kirsh, Riser, Vaughn and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-39-40 SO AS TO PROVIDE FOR THE VOLUNTARY WITHHOLDING OF STATE AND FEDERAL INCOME TAXES FROM UNEMPLOYMENT COMPENSATION.

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

REPORT OF STANDING COMMITTEE

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable with amendment report on:

S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE


Printed Page 624 . . . . . Tuesday, February 13, 1996

BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".

Ordered for consideration tomorrow.

Doctor of the Day

Senator McGILL introduced Dr. E. Conyers O'Bryan of Florence, S.C., Doctor of the Day.

Leave of Absence

At 1:00 P.M., Senator J. VERNE SMITH requested a leave of absence until adjournment at 1:25 P.M.

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

HOUSE BILLS RETURNED

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

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.

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.


Printed Page 625 . . . . . Tuesday, February 13, 1996

THIRD READING BILL

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

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.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OFLAWS 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 the amendment proposed by the Committee on Education.

The Education Committee proposed the following amendment (S-EDUC\3544.1), which was adopted:

Amend the bill, as and if amended, on page one, line 40 after the words /Students who earn/ by striking /one unit/ and inserting:

/two units/.

Amend title to conform.

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


Printed Page 626 . . . . . Tuesday, February 13, 1996

SECOND READING BILLS

The following Bills and Joint Resolution having been read the second time were ordered placed on the third reading Calendar:

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.

Senator HAYES explained the Resolution.

S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.

S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

S. 1118 -- Education Committee: A BILL TO REVISE THE MANNER IN WHICH FUNDS OF THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96 BY DELETING A REQUIREMENT THAT A SPECIFIED DOLLAR AMOUNT BE USED FOR HIGHER EDUCATION SCHOLARSHIP GRANTS, AND TO REPEAL PARAGRAPH 72.71, SECTION 72, PART 1B OF ACT 145 OF 1995 WHICH SPECIFIES THE MANNER IN WHICH THESE FUNDS MUST BE DISTRIBUTED FOR FISCAL YEAR 1995-96.

Senator BRYAN explained the Bill.


Printed Page 627 . . . . . Tuesday, February 13, 1996

ADOPTED

S. 1109 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 27, 1996, "YORK COUNTY DAY".

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

ADOPTED

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.

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

CARRIED OVER

S. 1116 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1853, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Senator SETZLER, the Resolution was carried over.

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

POINT OF ORDER

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF


Printed Page 628 . . . . . Tuesday, February 13, 1996

SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

Senator SETZLER moved that the Bill be made a Special Order.

Point of Order

Senator McCONNELL raised a Point of Order under Rule 34B that the motion was out of order inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.

The PRESIDENT sustained the Point of Order.

MOTION ADOPTED

On motion of Senator PEELER, 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.

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,


Printed Page 629 . . . . . Tuesday, February 13, 1996

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.

CARRIED OVER

H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

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

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


| Printed Page 610, Feb. 8 | Printed Page 630, Feb. 13 |

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