1996 Permanent Senate Journal Printed Pages 770-779 - South Carolina Legislature Online

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 760, Feb. 21 | Printed Page 780, Feb. 22

Printed Page 770 . . . . . Thursday, February 22, 1996

Thursday, February 22, 1996

(Statewide 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 PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, hear words from Matthew 21 (v. 28):

"Go, work in the vineyard today!"
Let us pray.

Our Father, there is so much to be done to make our earth a better place.

Help us to join in the spirit of David Starr Jordan when he said,

"Today is your day and mine, the only day

we have, the day in which we play our

part. What our part may signify in the

great whole we may not understand; but we

are here to play it, and now is our

time."

Help us to make the most of such time as we have... in the Redeemer's Name!

Amen.

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

Doctor of the Day

Senator SETZLER introduced Dr. Bob Cutting of Aiken, S.C., Doctor of the Day.

Message from the House

Columbia, S.C., February 22, 1996

Mr. President and Senators:

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

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A

Printed Page 771 . . . . . Thursday, February 22, 1996

PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 21, 1996

Mr. President and Senators:

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

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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
Speaker of the House

Received as information.

Message from the House

Columbia, S.C., February 21, 1996

Mr. President and Senators:

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

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

Printed Page 772 . . . . . Thursday, February 22, 1996

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.
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. 1166 -- Senator Fair: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL NEGLECT OF CHILDREN AND HELPLESS PERSONS, SO AS TO EXPAND THE CATEGORIES OF PERSONS CARING FOR CHILDREN AND HELPLESS PERSONS WHO ARE SUBJECT TO THIS SECTION.

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

S. 1167 -- Senator Fair: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS, CONFIDENTIALITY, AND RELEASE OF INFORMATION PERTAINING TO JUVENILES, SO AS TO PROVIDE THAT CERTAIN INFORMATION REGARDING JUVENILE OFFENDERS MUST BE PROVIDED TO ALL VICTIMS OF CRIMES RATHER THAN ONLY TO VICTIMS OF VIOLENT CRIMES.

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

S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.

Read the first time and referred to the Committee on Labor, Commerce and Industry.

S. 1169 -- Senators Thomas, J. Verne Smith and Bryan: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH

Printed Page 773 . . . . . Thursday, February 22, 1996

CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.

Objection

Senator J. VERNE SMITH asked unanimous consent to make a motion that the Bill go without reference.

Senator RUSSELL objected.

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

S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, it is fitting and appropriate that the bridge on Highway 41 at the Little Pee Dee River in Dillon County be designated and named the "Huggins Bridge" as a lasting tribute to this distinguished South Carolina family. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate and name the bridge on Highway 41 at the Little Pee Dee River in Dillon County the "Huggins Bridge" and to install appropriate markers or signs at or near the bridge as the department considers advisable containing the words "Huggins Bridge".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

On motion of Senator ELLIOTT, with unanimous consent, the Concurrent Resolution was ordered placed on the Calendar for consideration tomorrow.

S. 1171 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ROBERT EUGENE HOPPER OF

Printed Page 774 . . . . . Thursday, February 22, 1996

YORK COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

S. 1172 -- Senators Boan and Martin: A BILL TO AMEND SECTION 8-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTION FOR INSURANCE PREMIUMS FROM AN EMPLOYEE'S COMPENSATION, SO AS TO INCLUDE PREMIUMS FOR PREPAID LEGAL INSURANCE.

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

S. 1173 -- Senators Boan and Martin: A BILL TO AMEND SECTION 56-3-1240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPLAY OF LICENSE PLATES, SO AS TO PROVIDE THAT A NONCURRENT LICENSE PLATE FROM THIS STATE OR ANOTHER STATE MUST NOT BE ATTACHED TO THE OUTSIDE FRONT OF A VEHICLE, AND TO PROVIDE PENALTIES FOR VIOLATION.

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

S. 1174 -- Senator Short: A SENATE RESOLUTION TO RECOGNIZE THE OUTSTANDING CAREER AND LIFETIME ACCOMPLISHMENTS OF THE LEGENDARY BASKETBALL COACH OF GREAT FALLS HIGH SCHOOL, COACH JOHN SMITH, TO CONGRATULATE HIM ON THE MILESTONE OF HIS 500TH WIN AS THE LEADER OF BOYS' BASKETBALL AT GREAT FALLS HIGH AND TO WISH HIM CONTINUING SUCCESS IN THE YEARS AHEAD.

The Senate Resolution was adopted.

H. 4654 -- Reps. Tucker and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THOMAS M. CAMAK, SR., OF ANDERSON, FORMERLY OF WARE SHOALS, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

H. 4664 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF KEVIN MORRIS OF ANDERSON

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COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

H. 4665 -- Reps. Tucker, Carnell, McAbee and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF HERMAN HAYNIE OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS' DUTIES, SO AS TO NOT REQUIRE A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER, AND TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED.

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

H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.

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

H. 4626 -- Reps. Fleming and Wilder: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 9 AND 12, 1996, MISSED BY STUDENTS OF THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED

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DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

REPORTS OF STANDING COMMITTEES

Senator J. VERNE SMITH from the Committee on Labor, Commerce and Industry submitted a favorable with amendment report on:

S. 741 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 40-22-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A PROFESSIONAL LAND SURVEYOR, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR GRADUATION FROM A SCHOOL OR COLLEGE OF TWO OR MORE YEARS WITH AN ASSOCIATE DEGREE IN AN ABET COMMISSION ACCREDITED CURRICULUM OF ENGINEERING TECHNOLOGY OR LAND SURVEYING, INCLUDING COMPLETED COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS SATISFACTORY TO THE BOARD; TO AMEND SECTION 40-22-240, RELATING TO THE QUALIFICATIONS FOR REGISTRATION AS A TIER B PROFESSIONAL LAND SURVEYOR, SO AS TO PROVIDE FOR FIFTEEN, RATHER THAN TWELVE, SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS OF SURVEYING, MAPPING, HYDRAULICS, AND HYDROLOGY COURSES; TO AMEND SECTION 40-22-250, RELATING TO THE QUALIFICATIONS FOR CERTIFICATION AS LAND SURVEYOR-IN-TRAINING, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, FOR THE COMPLETION OF COURSES IN SURVEYING AND MAPPING OF NOT LESS THAN TWELVE SEMESTER HOURS OR THE EQUIVALENT IN QUARTER HOURS; AND TO AMEND SECTION 40-22-280, RELATING TO ENGINEERS AND LAND SURVEYORS, APPLICATIONS FOR REGISTRATION, AND REFERENCES, SO AS TO CHANGE THE PROVISIONS CONCERNING REFERENCES FOR ENGINEERING REGISTRATION AND LAND SURVEYING REGISTRATION.