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 790, Feb. 22 | Printed Page 810, Feb. 27 |

Printed Page 800 . . . . . Tuesday, February 27, 1996

Tuesday, February 27, 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 a word from above us all, in Psalm 145 (vv.13b-16) (NRSV):

"The Lord is faithful in all His words,

and gracious in all His deeds.

The Lord upholds all who are falling,

and raises up all who are bowed down."
Let us pray.

Lord, God of the nations, this week for us, and the people of South Carolina, could be a highly significant week in the process of this election year.

We will hear many thoughts concerning the political and economic currents of our corporate life.

What our people think and feel and resolve could have global significance.

May all who speak be aware that a "faithful God" will have the last word.

May all who listen be led by Your Spirit to discern between the wheat and the chaff.

We pray also, and especially, for the loyal and responsible media as they communicate to the grass roots of our commonwealth.

Lord, let truth prevail!

We pray because we believe the Psalmist who said:

"The Lord upholds all who are falling,

And raises up all who are bowed down."

Amen.

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


Printed Page 801 . . . . . Tuesday, February 27, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 10, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, South Carolina Board of Long Term Health Care Administrators, with term to commence June 9, 1996, and to expire June 9, 1999:

Nursing Home Adm. - Non-Profit:

Walter E. Hickman, Jr., D.Min., Administrator, Presbyterian Home of South Carolina, CMR 140, 201 West 9th North Street, Summerville, S.C. 29483 VICE C. William Trawick

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 29, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley


Printed Page 802 . . . . . Tuesday, February 27, 1996

Statewide Appointment

Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1994, and to expire August 1, 1999:

At-Large:

Mr. Samuel M. Pierson, III, 155 Woodshore Drive, Columbia, S.C. 29223 VICE Ginny Wolfe

Referred to the Committee on Corrections and Penology.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 6, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, South Carolina Advisory Board for Victim Assistance, with term to commence August 1, 1992, and to expire August 1, 1997:

Sexual Assault Prevention/Treatment:

Lois J. Veronen, Ph.D., Department of Psychology, Winthrop University, Rock Hill, S.C. 29733 VICE Jan Vogelsang (resigned)

Referred to the Committee on Corrections and Penology.


Printed Page 803 . . . . . Tuesday, February 27, 1996

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 7, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, Board of Financial Institutions, with term to commence June 30, 1996, and to expire June 30, 2000:

Credit Union League:

Mr. F.M.C. Fralix, President, South Carolina State Credit Union, 800 Huger Street, Columbia, S.C. 29201

Referred to the Committee on Banking and Insurance.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 12, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, South Carolina Foster Care Review Board, with term to commence June 30, 1996, and to expire June 30, 2000:

3rd Congressional District:

Mrs. Elizabeth B. Weaver, 100 Norte Vista Drive, Easley, S.C. 29640


Printed Page 804 . . . . . Tuesday, February 27, 1996

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 20, 1996
Mr. President and Members of the Senate:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the Senate," and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, Commission on Higher Education, with term to commence July 1, 1996, and to expire July 1, 2000:

Chairman:

Mr. R. Austin Gilbert, Jr., Post Office Box 3009, Florence, S.C. 29501

Referred to the Committee on Education.

Doctor of the Day

Senator FAIR introduced Dr. Woodrow Long of Greenville, S.C., Doctor of the Day.

Point of Personal Privilege

Senator LEVENTIS rose to a Point of Personal Privilege.

Motion to Ratify Adopted

At 12:40 P.M., Senator DRUMMOND asked unanimous consent to make a motion to invite the House of Representatives to attend the Senate Chamber for the purpose of ratifying Acts at 12:50 P.M.

There was no objection and a message was sent to the House accordingly.


Printed Page 805 . . . . . Tuesday, February 27, 1996

MOTION ADOPTED

Co-sponsorship Rescinded

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.

On motion of Senator MARTIN, with unanimous consent, leave was granted to remove his name as a co-sponsor of the Bill.

Statement by Senator MARTIN

I wish the Journal to reflect that my name was inadvertently added as a co-sponsor of S. 1172 and therefore I asked and received unanimous consent of the Senate to remove my name as an author of that Bill.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1175 -- Senator Boan: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".

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

S. 1176 -- Senator Hayes: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.

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


Printed Page 806 . . . . . Tuesday, February 27, 1996

S. 1177 -- Senators McConnell, Drummond, J. Verne Smith, Land, Leatherman, Setzler, Courson, Moore, Peeler, O'Dell, Martin, Richter and Boan: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.

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

S. 1178 -- Senators Martin, Wilson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-5-270 SO AS TO AUTHORIZE THE INVESTMENT OF THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES, TO ESTABLISH THE EQUITY INVESTMENT ADVISORY COUNCIL AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, INCLUDING RECOMMENDATIONS WITH RESPECT TO AN ANNUAL EQUITY INVESTMENT PLAN PREPARED BY THE STATE TREASURER SUBJECT TO THE REVIEW AND APPROVAL OF THE STATE BUDGET AND CONTROL BOARD, TO ESTABLISH REQUIREMENTS FOR THE ANNUAL PLAN, PROVIDE REPORTING REQUIREMENTS, AND AUTHORIZE THE RETAINING OF PERSONS OR FIRMS TO MANAGE AND ASSIST WITH THESE INVESTMENTS; TO AMEND SECTIONS 9-1-1310 AND 9-11-240, RELATING TO INVESTING OF FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW THE INVESTMENTS AUTHORIZED BY THIS ACT, AND TO MAKE THIS ACT


Printed Page 807 . . . . . Tuesday, February 27, 1996

EFFECTIVE ON THE RATIFICATION DATE OF A CONSTITUTIONAL AMENDMENT AUTHORIZING ITS TERMS.

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

S. 1179 -- Senators Martin, Wilson and Giese: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.

Senator MARTIN spoke on the Joint Resolution.

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

S. 1180 -- Senators Bryan, McConnell, Giese, Matthews, Ryberg, Leventis, Thomas, Mescher, Martin, Setzler and Richter: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT, BEGINNING WITH ITS 1997 SESSION, THE GENERAL ASSEMBLY SHALL ENACT A BIENNIAL STATE GENERAL APPROPRIATIONS ACT.

Senator BRYAN spoke on the Bill.

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

S. 1181 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-385 SO AS TO EXEMPT FROM THE DOCUMENTARY STAMP TAX REAL ESTATE TRANSFERS MADE PURSUANT TO AN ORDER OF THE FAMILY COURT.

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

S. 1182 -- Senator Hayes: A BILL TO AMEND SECTION 44-53-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POSSESSION, DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND CRACK COCAINE, AND CERTAIN PENALTIES, SO AS TO REVISE THE PENALTY FOR FIRST OFFENSE TRAFFICKING IN ICE, CRANK, OR CRACK


Printed Page 808 . . . . . Tuesday, February 27, 1996

COCAINE OF TEN GRAMS OR MORE BUT LESS THAN TWENTY-EIGHT GRAMS.

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

S. 1183 -- Senators Thomas, J. Verne Smith and Fair: A BILL TO AMEND SECTION 58-27-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ELECTRICAL UTILITY", SO AS TO PROVIDE THAT THIS TERM DOES NOT INCLUDE A PERSON, CORPORATION, LIMITED LIABILITY COMPANY, OR MUNICIPALITY FURNISHING ELECTRICITY ONLY TO HIMSELF OR ITSELF, THEIR RESIDENTS, EMPLOYEES, OR TENANTS OR TO ANY INDUSTRIAL FACILITY FOR ITS OWN USE, SO LONG AS ELECTRICITY FURNISHED TO THE INDUSTRIAL FACILITY IS GENERATED AT OR ADJACENT TO THE INDUSTRIAL FACILITY, WHEN THE CURRENT IS NOT RESOLD OR USED BY OTHERS.

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

S. 1184 -- Senator Leventis: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES, BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1996" AND TO ESTABLISH THE PROCEDURES BY WHICH AND CONDITIONS UNDER WHICH PREJUDGMENT AND POST JUDGMENT WRITS OF GARNISHMENT AGAINST THE INCOME OF A DEBTOR MAY BE ISSUED.

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

S. 1185 -- Senators Russell and Giese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO AMEND THE FEDERAL FOOD, DRUG, AND COSMETIC ACT AND THE PUBLIC HEALTH SERVICE ACT TO FACILITATE THE DEVELOPMENT AND APPROVAL OF NEW DRUGS, BIOLOGICAL PRODUCTS, AND MEDICAL DEVICES.

Whereas, improving patient access to quality health care is a paramount national goal; and

Whereas, the key to improved health care, especially for persons with serious, unmet medical needs, is the rapid approval of safe and effective new drugs, biological products, and medical devices; and

Whereas, minimizing the delay between discovery and eventual approval of a new drug, biological product, or medical device derived


Printed Page 809 . . . . . Tuesday, February 27, 1996

from research conducted by innovative pharmaceutical and biotechnology companies could improve the lives of millions of Americans; and

Whereas, current limitations on the dissemination of information about pharmaceutical products reduce the availability of information to physicians, other health care professionals, and patients and unfairly limit the right of free speech guaranteed by the First Amendment to the United States Constitution; and

Whereas, current rules and practices governing the review of new drugs, biological products, and medical devices by the United States Food and Drug Administration can delay approvals and are unnecessarily expensive. 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, memorializes Congress to amend the federal Food, Drug, and Cosmetic Act and the Public Health Service Act to facilitate the development and approval of new drugs, biological products, and medical devices.

Be it further resolved that copies of this resolution be forwarded to each member of the South Carolina Congressional Delegation, the President of the United States Senate, and the Speaker of the United States House of Representatives, all at Washington, D.C.

Referred to the Committee on Medical Affairs.

H. 4668 -- Reps. Spearman, Quinn, Wilkins, Wilkes, G. Brown, Kirsh, Sandifer, Inabinett, Scott, Allison, Walker, Waldrop, Stuart, Stille, Young-Brickell, Neal, Cromer, Shissias, Lloyd, Byrd, Baxley, J. Brown and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE LYNDON AMICK OF BATESBURG FOR WINNING THE DAYTONA USA 200 STOCK CAR RACE HELD ON FRIDAY, FEBRUARY 16, 1996, WHICH AT THE AGE OF EIGHTEEN MAKES HIM THE YOUNGEST DRIVER EVER TO WIN A NASCAR RACE AT DAYTONA.

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

H. 4680 -- Reps. Marchbanks, Rice, Robinson, Trotter, Cain, Chamblee and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. TULA LOUISE ODOM EDWARDS, WIFE OF ROBERT COOK EDWARDS, FORMER PRESIDENT OF CLEMSON UNIVERSITY, ON THE OCCASION OF THE CELEBRATION OF HER EIGHTIETH BIRTHDAY AND TO EXPRESS


Printed Page 810 . . . . . Tuesday, February 27, 1996

THE APPRECIATION OF THE GENERAL ASSEMBLY FOR HER SERVICE TO THE STATE AND TO CLEMSON UNIVERSITY.

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


| Printed Page 790, Feb. 22 | Printed Page 810, Feb. 27 |

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