Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1950, Apr. 20 | Printed Page 1970, Apr. 25 |

Printed Page 1960 . . . . . Thursday, April 20, 1995

(R63) H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: AN ACT TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

(R64) H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: AN ACT TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.

(R65) H. 3853 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.

(R66) H. 3863 -- Reps. Beatty, Walker, Lanford, Littlejohn, Allison and Davenport: AN ACT TO PROVIDE FOR THE FISCAL AUTONOMY OF THE SEVEN LOCAL SCHOOL DISTRICTS IN SPARTANBURG COUNTY; TO PROVIDE FOR THE POWERS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE OPERATIONAL BUDGET OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE EQUITABLE DISTRIBUTION OF ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE COUNTY BOARD'S MEETINGS; AND TO REPEAL ACT 610 OF 1994, RELATING TO THE ABOLITION OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY.


Printed Page 1961 . . . . . Thursday, April 20, 1995

MOTION ADOPTED

On motion of Senator MARTIN, with unanimous consent, the Senate stood adjourned out of respect to the memory of former Representative B.L. Hendricks, Jr. of Easley, S.C., who passed away last night and who served for twenty-two years as a distinguished member of the South Carolina House of Representatives (1970-92) and most recently, as a board member of the South Carolina Public Service Authority.

Time Fixed

By prior motion of Senator COURTNEY of Thursday, February 9, 1995, the Senate agreed that, when the Senate stands adjourned on Thursdays in statewide session, it stand adjourned to reconvene on Fridays 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; and that when the Senate stands adjourned on Fridays, that it stand adjourned to reconvene on Tuesdays at 12:00 Noon.

ADJOURNMENT

At 12:05 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 1962 . . . . . Friday, April 21, 1995

Friday, April 21, 1995

(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 COURSON.

ORDERED ENROLLED FOR RATIFICATION

The following Bill 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. 3977 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.

(By prior motion of Senator COURTNEY)

SECOND READING BILL

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

H. 4044 -- Reps. Kinon, Jennings and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1995, AND ENDING JUNE 30, 1996.

(By prior motion of Senator ELLIOTT)

ADJOURNMENT

At 11:30 A.M., on motion of Senator GIESE, the Senate adjourned to meet next Tuesday, April 25, 1995, at 12:00 Noon.

* * *


Printed Page 1963 . . . . . Tuesday, April 25, 1995

Tuesday, April 25, 1995

(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, St. Paul, writing to the Ephesians, gives us some backbone for these days (6:11-12):

"Put on the whole armor of God, so that

you may be able to stand against the wiles

of the devil. For our struggle is not

against enemies of blood and flesh, but

against the rulers, against the authorities,

against the cosmic powers of this present

darkness, against the spiritual forces of

evil..."
Let us pray.

Our Father, as we study the Book of Life, we see that in the arsenal of the Lord's warrior there is no armor provided for the back, which indicates that the soldier of the Lord is not intending to run from the battle but fully intends to stand and fight the daily fight of faith.

So, today, renew our quiver with arrows of spiritual insight lest anxiety eat away our stamina and we have no stomach for a real battle against the "cosmic powers of this present darkness."

Amen.

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

April 21, 1995
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.


Printed Page 1964 . . . . . Tuesday, April 25, 1995

Respectfully,
David M. Beasley

Statewide Appointment

Reappointment, South Carolina Real Estate Commission, with term to commence June 30, 1995, and to expire June 30, 1999:

Consumer:

Reverend Charles L. Johnson, Sr., 203 Martin Street, Clemson, S.C. 29631

Referred to the Committee on Labor, Commerce and Industry.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration:

Document No. 1846
Promulgated by LLR: Real Estate Commission
Teaching Methods
Received by Lt. Governor April 10, 1995
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date March 16, 1996

Document No. 1861
Promulgated by Board of Education
Invalidation of Credentials (Repeal)
Received by Lt. Governor April 13, 1995
Referred to Senate Committee on Education
120 day review expiration date March 19, 1996


Printed Page 1965 . . . . . Tuesday, April 25, 1995

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:

Document No. 1766
Promulgated by Real Estate Appraisers Board, Department of Labor, Licensing and Regulation
Regulations Relating to Licensing, Certification, Fees, Continuing Education of Real Estate Appraisers
Received by Lt. Governor April 12, 1994
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date March 19, 1995
Withdrawn and resubmitted March 6, 1995, and April 5, 1995

Document No. 1801
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Municipal Solid Waste Processing Facilities
Received by Lt. Governor January 16, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1995
Withdrawn and resubmitted April 18, 1995

Point of Quorum

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

Call of the Senate

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

Alexander         Bryan            Cork
Courtney Drummond Elliott
Ford Giese Hayes
Jackson Land Lander
Leatherman Leventis Martin
Matthews McConnell Mescher
Moore O'Dell Patterson
Peeler Rankin Richter
Rose Ryberg Saleeby
Short Smith, G. Smith, J.V.
Stilwell Thomas Waldrep
Washington Williams Wilson


Printed Page 1966 . . . . . Tuesday, April 25, 1995

A quorum being present, the Senate resumed.

Presence Recorded

Senators PASSAILAIGUE, REESE, GREGORY, RUSSELL, McGILL, SETZLER and HOLLAND recorded their presence subsequent to the Call of the Senate.

Doctor of the Day

Senator COURSON introduced Dr. March Seabrook of West Columbia, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 774 -- Senator Land: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION.

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

S. 775 -- Senators Drummond and Alexander: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM FORTY TO FORTY-FIVE MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS AND TO EXTEND THE CAPITALIZED INTEREST PERIOD FROM ONE TO TWO YEARS.

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

S. 776 -- Senators Lander, Giese and Matthews: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 1967 . . . . . Tuesday, April 25, 1995

RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.

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

S. 777 -- Senator Washington: A BILL TO AMEND SECTION 22-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT AGE FOR MAGISTRATES, SO AS TO PERMIT A RETIRED MAGISTRATE TO BE APPOINTED BY THE GOVERNOR, UPON THE RECOMMENDATION OF THE GOVERNING BODY OF THE COUNTY WHEREIN HE LAST SERVED, TO SERVE AS A SPECIAL MAGISTRATE IN THE COUNTY FOR THE PURPOSE OF TEMPORARILY REPLACING AN EXISTING MAGISTRATE WHO IS UNABLE PRESENTLY TO FULFILL HIS DUTIES DUE TO ILLNESS, INJURY, OR OTHER SIMILAR REASONS.

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

S. 778 -- Senator Thomas: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.

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

S. 779 -- Senator Jackson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76 SO AS TO PROVIDE FOR THE LICENSED DIETICIAN AND NUTRITIONIST ACT, INCLUDING PROVISIONS FOR DEFINITIONS, PROVIDING FOR THE ADVISORY BOARD OF DIETETICS AND NUTRITION, ESTABLISHING THE DUTIES OF THE BOARD, PROVIDING FOR THE PRACTICE OF DIETETICS AND NUTRITION AND THE USE OF THE TITLE "LICENSED DIETITIAN" AND "LICENSED NUTRITIONIST", PROVIDING FOR LICENSURE AND EXAMINATION REQUIREMENTS, PROVIDING FOR THE CIRCUMSTANCES UNDER WHICH A PERSON MAY


Printed Page 1968 . . . . . Tuesday, April 25, 1995

PRACTICE WITHOUT EXAMINATION; AND ESTABLISHING THE PUNISHMENT AND PENALTIES FOR VIOLATIONS.

Read the first time and referred to the Committee on Medical Affairs.

S. 780 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-29-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERMITTED DISCLOSURE OF INFORMATION BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION, SO AS TO ADD A PROVISION AUTHORIZING THE COMMISSION TO SUPPLY CERTAIN INFORMATION TO THE SOUTH CAROLINA STATE EDUCATION ASSISTANCE AUTHORITY.

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

S. 781 -- Senators Ford, Glover, Jackson, Matthews, Patterson and Washington: A CONCURRENT RESOLUTION RECOGNIZING THE OCCASION OF W. A. PERRY TASK FORCE APPRECIATION DAY ON APRIL 30, 1995, AND COMMENDING THE MEMBERS OF THE W. A. PERRY TASK FORCE FOR THEIR UNTIRING EFFORTS IN IMPROVING THE QUALITY OF EDUCATION AND OVERALL CONDITIONS AT W. A. PERRY MIDDLE SCHOOL.

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

S. 782 -- Senators Giese, Courson, Patterson and Jackson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE I-77 FOREST DRIVE INTERCHANGE IN HONOR OF MAJOR GENERAL ROBERT B. SOLOMON AND TO PLACE APPROPRIATE MARKERS ON SIGNS ON THE HIGHWAY REFLECTING THE DESIGNATION.

Whereas, since his arrival in Columbia in 1984, General Solomon has been a tireless contributor to the midlands community. In addition to serving as the commanding general of Fort Jackson, General Solomon has served as the vice president of institutional advancement of Benedict College, as a campaign division director for the United Way of the Midlands, and as interim director of the Council on Child Abuse and Neglect; and

Whereas, General Solomon has also given selflessly of his time as a volunteer to many midlands organizations, among which are the Columbia Housing Authority, Richland Memorial Center for Cancer Treatment and Research, the United Negro College Fund, the Indian Waters Boy Scout


Printed Page 1969 . . . . . Tuesday, April 25, 1995

Council, the Committee of One Hundred, and the Midlands Marine Institute; and

Whereas, before his arrival in Columbia as the commanding general of Fort Jackson, General Solomon served with distinction as an armor and public affairs officer in the United States Army, serving nearly thirty-six years on active duty. During the latter years of his service, General Solomon held positions of great responsibility, including chief of Army public affairs, deputy chief of staff of the United States Pacific Command, and deputy inspector general of the Army; and

Whereas, it is entirely fitting that an interchange be named in honor of General Solomon in light of his contributions to the nation, the State, and the local community. 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 name the I-77 Forest Drive Interchange in honor of Major General Robert Solomon and to place appropriate markers or signs on the highway reflecting this designation.

Be it further resolved that a copy of this resolution be forwarded to the family of Major General Robert Solomon.

Referred to the Committee on Transportation.

H. 4133 -- Rep. Wilder: A CONCURRENT RESOLUTION CONGRATULATING AL ROEBUCK, VARSITY BASEBALL COACH AT CLINTON HIGH SCHOOL, ON BEING SELECTED "SOUTH CAROLINA HIGH SCHOOL BASEBALL COACH OF THE YEAR" IN 1994.

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

H. 4134 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING THE GROUNDBREAKING CEREMONIES OF SEKIDO TECHNOLOGIES, INC., IN ANDERSON COUNTY ON APRIL 26, 1995, AND EXPRESSING APPRECIATION FOR THE COOPERATIVE EFFORT THAT MADE THIS INVESTMENT A REALITY.

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

H. 4141 -- Rep. Tucker: A CONCURRENT RESOLUTION COMMENDING BUD DURHAM, OLIN HOWARD, AND BOB PERRY FOR THEIR HEROIC EFFORTS IN APPREHENDING A PAIR OF


Printed Page 1970 . . . . . Tuesday, April 25, 1995

PURSE SNATCHERS IN PENDLETON'S TOWN SQUARE AND EXPRESSING APPRECIATION ON BEHALF OF THE FEMALE TOURIST FROM STONE MOUNTAIN, GEORGIA.

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


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