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

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Printed Page 270 . . . . . Wednesday, January 18, 1995
Wednesday, January 18, 1995

(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 some ancient words of wisdom from the Book of Proverbs (2:10):

"When wisdom entereth into thine heart,

And knowledge is pleasant unto thy soul,

Discretion shall preserve thee,

Understanding shall keep thee."
Let us pray.

Our Father-God, Your works have been seen and known by the children of men throughout the generations.

By Your grace we have come from our homes to serve our people, and You, in this temple of temporal power.

As a new structure of government is taking place, we pray for the inspiration of the Spirit of God to permeate our motives and our dreams... and our deeds.

Grant that the interaction of our legislative, our executive, and our judicial powers may so supplement each other that the welfare of our people may be enhanced.

Help us to make our work a form of worship!

Amen.

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

VETO OVERRIDDEN

(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF

Printed Page 271 . . . . . Wednesday, January 18, 1995
REPRESENTATIVESAND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 10, 1995
Mr. President and Members of the Senate:

I am hereby returning without my signature S. 1040, R-537, an Act:
TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS

Printed Page 272 . . . . . Wednesday, January 18, 1995
TO MAKE THE COMMISSION APART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
This legislation amends the statute setting forth the composition of the Legislative Audit Council by bringing more public members, and, therefore, more citizen input, to the board. However, I am troubled by changes made to the council's nominating committee. By eliminating the Gubernatorial and Accountancy Board appointees, the council's nominating committee would be composed entirely of individuals appointed by the legislative branch. I understand that the council is a legislative "watchdog" agency. However, this scheme is inconsistent when the process is viewed in comparison with the procedure for the appointment of the State Auditor, the executive branch's reviewing official.

The State Auditor is elected by the State Budget and Control Board, a combination of members of the executive and legislative branches. Similarly, and consistently, I believe that members of the Legislative Audit Council, the Legislative branch "watchdog" agency, should also be nominated with input from both the legislative and executive branches. This would no longer be the case were this legislation to be enacted. Continuation of the present system will help preserve the integrity and independence of the Legislative Audit Council, ensuring continuation of the council's efficacious review of the executive branch.

It is for this reason that I return S. 1040, R-537 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

The veto of the Governor was taken up for immediate consideration.

Senator BRYAN moved that the veto of the Governor be overridden.

The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?

Printed Page 273 . . . . . Wednesday, January 18, 1995
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 45; Nays 0

AYES

Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese

Richter           Rose             Russell

Ryberg            Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

TOTAL--45

NAYS
TOTAL--0



The necessary two-thirds vote having been received, the veto of the Governor was
overridden, and a message was sent to the House accordingly.

Message from the House


Columbia, S.C., January 17, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has overridden the veto
by the Governor on R. 628, H. 5146 by a vote of 13 to 0:

  (R628) H. 5146 -- Rep. Whipper:  AN ACT TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL
  DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES; AND TO AMEND
ACT 340 OF
  1967, AS AMENDED, RELATING TO THE



Printed Page 274 . . . . . Wednesday, January 18,
1995



 CHARLESTON COUNTY SCHOOL DISTRICT SOAS TO REVISE THE MANNER IN WHICH
CERTAIN VACANCIES ARE FILLED.

Very respectfully,

Speaker of the House

VETO OVERRIDDEN


(R628) H. 5146 -- Rep. Whipper:  AN ACT TO AUTHORIZE THE CHARLESTON COUNTY
SCHOOL
DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES; AND TO AMEND ACT
340 OF
1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT SO AS TO
REVISE
THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.


The veto of the Governor was taken up for immediate consideration.

Senator McCONNELL moved that the veto of the Governor be overridden.

The question was put:  Shall the Act become law, the veto of the Governor to the
contrary notwithstanding?


The "ayes" and "nays" were demanded and taken, resulting as
follows:


Ayes 45; Nays 0


AYES



Alexander         Bryan            Cork

Courson           Courtney         Drummond

Elliott           Ford             Giese

Glover            Gregory          Hayes

Holland           Jackson          Land

Lander            Leatherman       Leventis

Martin            Matthews         McConnell

McGill            Mescher          Moore

O'Dell            Passailaigue     Patterson

Peeler            Rankin           Reese

Richter           Rose             Russell

Ryberg            Saleeby          Setzler

Short             Smith, G.        Smith, J.V.

Stilwell          Thomas           Waldrep

Washington        Williams         Wilson

TOTAL--45







Printed Page 275 . . . . . Wednesday, January 18,
1995




NAYS


TOTAL--0



The necessary two-thirds vote not having been received, the veto of the Governor was
overridden, and a message was sent to the House accordingly.

Doctor of the Day


Senator SHORT introduced Dr. Roger Gaddy of Winnsboro, S.C., Doctor of the Day.

Leave of Absence


On motion of Senator BRYAN, at 11:00 A.M., Senator LAND was granted a leave of
absence for today and Thursday, January 19, 1995.

Leave of Absence


At 12:45 P.M., Senator ROSE requested a leave of absence for Thursday, January 19,
1995.

Message from the House


Columbia, S.C., January 17, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has sustained the veto
by the Governor on R. 588, H. 4414 by a vote of 40 to 63:

  H. 4414, R-588 -- Reps. Phillips, Allison, Corning, Gamble, Jaskwhich, Rogers,
  Rudnick, Stuart, Waites, Waldrop, Walker and Wilder:  The "Schoolhouse Safety
  Alliance Act of 1994."  (Abbreviated Title)

Very respectfully,

Speaker of the House

Received as information.

MADE INTERRUPTED DEBATE


S. 338 -- Rules Committee:  A SENATE RESOLUTION TO AMEND RULE 10 OF SENATE RULES,
RELATING TO COMMITTEE REPORTS SO AS TO SPECIFY THE ORDER OF BUSINESS AFTER
WHICH THE
ANNUAL GENERAL APPROPRIATION BILL AND A REAPPORTIONMENT BILL IS TO BE
CONSIDERED, TO
AMEND



Printed Page 276 . . . . . Wednesday, January 18,
1995



 RULE 14, RELATING TO PRIVILEGEDMOTIONS, SO AS PROVIDE THAT THE MOVER
HAS THE RIGHT TO RESTATE A MOTION IF SUCH A REQUEST IS MADE, TO AMEND RULE 16,
RELATING TO VOTING, SO AS TO REQUIRE THE AYES AND NOES "VIVA VOCE" ON
ANY
QUESTION UNLESS A ROLL CALL VOTE OR DIVISION IS ORDERED, TO AMEND RULE 19(11)
RELATING TO COMMITTEES OF CONFERENCE, SO AS TO PROVIDE THAT THE PRESIDENT PRO
TEMPORE
SHALL APPOINT CONFEREES SUBJECT TO CERTAIN CONDITIONS, TO AMEND RULE 32,
RELATING TO
EXECUTIVE SESSIONS, SO AS TO AUTHORIZE THE PRESENCE OF THE READING CLERK, TO
AMEND
RULE 34 RELATING TO THE MOTION PERIOD AND SPECIAL ORDERS SO AS TO ALLOW A
MOTION TO
SET A BILL OR RESOLUTION FOR SPECIAL ORDER IRRESPECTIVE OF WHETHER THE BILL
RECEIVED
A READING ON THE LEGISLATIVE DAY THE MOTION IS ADOPTED.


Senator WILLIAMS asked unanimous consent to take the Senate Resolution up for
immediate consideration.

There was no objection.

Senator WILLIAMS spoke on the Resolution.


On motion of Senator McCONNELL, with unanimous consent, the Senate Resolution was
placed in the status of Interrupted Debate.

INTRODUCTION OF BILLS AND RESOLUTIONS


The following were introduced:


S. 383 -- Senator McConnell:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 30-5-38 SO AS TO REQUIRE THAT DEEDS CONVEYING AN INTEREST
IN
LAND AND MORTGAGES OF REAL ESTATE INCLUDE THE TAX MAP NUMBER OF THE SUBJECT
PROPERTY,
AND PROVIDE FOR RELATED MATTERS.

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


S. 384 -- Senator McConnell:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 38-71-270 SO AS TO PROVIDE THAT NOTHING IN TITLE 38 MAY
LIMIT
AN INSURER OR OTHER THIRD PARTY PAYOR FROM



Printed Page 277 . . . . . Wednesday, January 18,
1995



 DETERMINING THE SCOPE OF ITS BENEFITS AND OTHER TERMS OF ITS
CONTRACTS WITH PROVIDERS EXCEPT THAT THE CONTRACT PROVIDING COVERAGE TO AN
INSURED
MAY NOT EXCLUDE THE RIGHT OF ASSIGNMENT OF BENEFITS TO A PROVIDER AT THE SAME
BENEFIT
RATE AS PAID TO A CONTRACT PROVIDER.

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


S. 385 -- Senator Alexander:  A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF
AUGUST 19, 1994, MISSED BY THE STUDENTS OF SCHOOLS IN THE OCONEE COUNTY SCHOOL
DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER CONTAMINATION BROUGHT
ABOUT BY
HEAVY RAINS AND FLOODING OF THE WATER SUPPLY, AS DECLARED BY THE DEPARTMENT
OF
ENVIRONMENTAL CONTROL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE
DEFINED
MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER
CIRCUMSTANCES BE MADE UP.

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


S. 386 -- Senator McConnell:  A BILL TO AMEND SECTION 12-54-160, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE
AND
TAXATION WITH RESPECT TO THE WAIVER, DISMISSAL, OR REDUCTION OF PENALTIES AND
INTEREST, SO AS TO AUTHORIZE THE DEPARTMENT TO WAIVE INTEREST ON
UNDERPAYMENTS WHEN A
TAXPAYER FOLLOWED INACCURATE PROFESSIONAL ADVICE, HAD NO KNOWLEDGE OF THE
TAX
LIABILITY, OR IF THE IMPOSITION OF THE TAX IS THE RESULT OF REGULATION OR OTHER
INTERPRETATION OF EXISTING TAX LAWS.

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


S. 387 -- Senator Rankin:  A BILL TO AMEND SECTION 7-13-610, AS AMENDED, AND SECTION
7-13-611, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOT SPECIFICATIONS
AND
THE ARRANGEMENT OF PRIMARY BALLOTS, SO AS TO PROVIDE FOR A CONSOLIDATED
PRIMARY
ELECTION BALLOT ON WHICH AN ELECTOR MAY VOTE IN THE



Printed Page 278 . . . . . Wednesday, January 18,
1995



 PRIMARY OF THE ELECTOR'S CHOICE IN EACH OFFICE TO BE FILLED.

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


S. 388 -- Senators Courson and Giese:  A BILL TO AMEND SECTION 20-7-600, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES WHEN A CHILD IS
TAKEN
INTO AND RELEASED FROM CUSTODY FOR VIOLATING THE LAW, SO AS TO REVISE THE
CIRCUMSTANCES UNDER WHICH A CHILD ONLY MAY BE RELEASED BY A LAW
ENFORCEMENT OFFICER.

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


S. 389 -- Senators J. Verne Smith, Washington, Patterson and Giese:  A BILL TO AMEND
THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-415 SO AS TO
PROVIDE
FOR THE REGULATION OF THE RETAIL SALE OF BEER BY THE KEG BY MEANS OF A KEG
REGISTRATION NUMBER, MAINTENANCE OF RECORDS, AND DEPOSIT AND FORFEITURE
PROVISIONS,
AND TO PROVIDE THAT FAILURE TO COMPLY IS A GROUND FOR REVOCATION OR
SUSPENSION OF THE
RETAILER'S PERMIT.

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


S. 390 -- Senators Giese, Passailaigue, Glover, Cork, Bryan, Reese, Rose and J. Verne
Smith:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION
44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT
OPERATES
A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN
THE HOME
HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING
TO
REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING
LICENSED,
SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE
HOME
HEALTH SERVICES TO ITS RESIDENTS.

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


S. 391 -- Senator Leatherman:  A BILL TO AMEND ACT 806 OF 1952, RELATING TO ANNUAL
MEETINGS OF THE SCHOOL DISTRICTS OF FLORENCE COUNTY, SO AS TO CHANGE THE DATE
OF THE
MEETING FOR FLORENCE SCHOOL DISTRICT 4



Printed Page 279 . . . . . Wednesday, January 18,
1995



 FROM APRIL FIFTEENTH TO THE SECOND THURSDAY IN JUNE OF EACH YEAR.

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


S. 392 -- Senator Leatherman:  A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE
UNDER THE
FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE
RECRUITMENT AND
EMPLOYMENT OF PUBLIC EMPLOYEES.

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


S. 393 -- Senators Short, Jackson and Gregory:  A CONCURRENT RESOLUTION EXTENDING THE
DATE FOR THE "COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE
AS THEY
RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE
CONTRACTS" TO
MAKE ITS REPORT TO 

THE GENERAL ASSEMBLY.

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

That the date for the "Committee to Study the Consumer Finance Laws in this
State as They Relate to Restricted Loans, Supervised Loans, and Sales Finance
Contracts", created pursuant to Act 572 of 1994, to make its report with
recommendations to the General Assembly is extended to March 1, 1995.


Senator SHORT spoke on the Resolution.


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


H. 3221 -- Rep. D. Smith:  A CONCURRENT RESOLUTION TO PROCLAIM SUNDAY, APRIL 23,
1995, THROUGH SATURDAY, APRIL 29, 1995, AS GOLF WEEK IN SOUTH CAROLINA WHICH
WILL BE
OBSERVED THROUGHOUT THE STATE WITH APPROPRIATE CEREMONIES AND EVENTS TO
RECOGNIZE THE
ECONOMIC IMPACT OF THE GOLF INDUSTRY IN SOUTH CAROLINA, THE IMPORTANCE OF THE
STATE'S
JUNIOR GOLFERS, AND THE IMPORTANCE OF TURFGRASS RESEARCH.

Whereas, a University of South Carolina and South Carolina Department of Parks,
Recreation and Tourism study shows golf generating



Printed Page 280 . . . . . Wednesday, January 18,
1995



 more than six hundred forty-four million dollars annually for the
state's economy, putting it on a par with the state's larger industries; and





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