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 3230, May 25 | Printed Page 3250, May 29 |

Printed Page 3240 . . . . . Thursday, May 25, 1995

The "ayes" and "nays" were demanded and taken, resulting as follows:
Ayes 39; Nays 4

AYES

Alexander         Bryan            Courson
Courtney Drummond Elliott
Ford Giese Glover
Gregory Hayes Holland
Jackson Land Lander
Leatherman Martin Matthews
McConnell McGill Mescher
Moore O'Dell Passailaigue
Patterson Peeler Rankin
Reese Richter Rose
Russell Saleeby Setzler
Short Smith, G. Stilwell
Waldrep Washington Williams

TOTAL--39

NAYS

Cork              Leventis         Thomas
Wilson

TOTAL--4

The motion was adopted.

MOTION ADOPTED

On motion of Senator SETZLER, the Senate agreed to dispense with the Motion Period.

Leave of Absence

At 2:45 P.M., Senator LEVENTIS requested a leave of absence for Monday, May 29, 1995.

SENSE OF THE SENATE ADOPTED

H. 3362

THE GENERAL APPROPRIATION BILL



Printed Page 3241 . . . . . Thursday, May 25, 1995

Senator DRUMMOND, Chairman of the Senate Finance Committee, was recognized to give a report regarding the work of the Committee of Conference.

Senator DRUMMOND moved that it be the unanimous Sense of the Senate that the version of H. 3362, the General Appropriation Bill, as passed by the Senate as to the funding of raises for state employees be the position to be represented by the Senate conferees.

There was no objection.

LOCAL APPOINTMENTS

Confirmations

Having received a favorable report from the Bamberg County Delegation, the following appointment was confirmed in open session:

Reappointment, Bamberg County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

The Honorable Danny J. Singleton, Route 1, Box 20, Ehrhardt, S.C. 29081

Having received a favorable report from the Berkeley County Delegation, the following appointments were confirmed in open session:

Initial Appointments, Berkeley County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:

At-Large:

Mr. Edward Ravenell, 561 Tiny Lane, Cross, S.C. 29436 VICE Harold President

Mr. Charles E. Schuster, 27 North Basilica Avenue, Hanahan, S.C. 29406 VICE Ruby S. Mitchell (deceased)

Reappointments, Berkeley County Board of Voter Registration, with terms to commence March 15, 1994, and to expire March 15, 1996:
Mr. Robert F. Gregory, Post Office Box 454, Moncks Corner, S.C. 29461

Mr. Phillip Farley, 1049 Riverview Drive, Hanahan, S.C. 29406

Mr. Willie Varnish, Sr., 1249 Old Black Oak Road, Moncks Corner, S.C. 2946l

Having received a favorable report from the Charleston County Delegation, the following appointment was confirmed in open session:

Initial Appointment, Charleston County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:


Printed Page 3242 . . . . . Thursday, May 25, 1995

The Honorable Patricia B. Dixon, 5467 Highway 165, Hollywood, S.C. 29449 VICE George W. Tumbleston, Jr. (retired)

Having received a favorable report from the Newberry County Delegation, the following appointments were confirmed in open session:

Reappointments, Newberry County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Emily E. Clements, 752 Highway 202, Little Mountain, S.C. 29075

The Honorable Barry S. Koon, 3239 Louis Rich Road, Newberry, S.C. 29108

Having received a favorable report from the Richland County Delegation, the following appointments were confirmed in open session:

Reappointments, Richland County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Harry M. Tokunaga, 224 Carlyle Circle, Columbia, S.C. 29206

The Honorable Samuel Peay, 4919 Rhett Avenue, Columbia, S.C. 29203

The Honorable Willie H. Womble, Jr., 6706 Formosa Drive, Columbia, S.C. 29206

The Honorable Walter Jones, 2200 Chappelle Street, Columbia, S.C. 29203

The Honorable Milford D. Burriss, 343 Eastover Road, Eastover, S.C. 29044

Having received a favorable report from the Union County Delegation, the following appointment was confirmed in open session:

Reappointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

The Honorable Earl H. Hyder, 749 Hawkins Road, Union, S.C. 29379

Having received a favorable report from the Union County Delegation, on motion of Senator PEELER, the following appointment was confirmed in open session:

Initial Appointment, Union County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999, service to begin July 1, 1995:
Mr. Charles Wilson Blackwell, Post Office Box 33, Jonesville, S.C. 29353- 0033 VICE Catherine H. Smith (retired)


Printed Page 3243 . . . . . Thursday, May 25, 1995

Having received a favorable report from the Richland County Delegation, on motion of Senator PATTERSON, the following appointment was confirmed in open session:

Reappointment, Richland County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:
The Honorable Melvin W. Maurer, 1223 St. Andrews Road, Columbia, S.C. 29210

Time Fixed

Senator WILLIAMS moved that, when the Senate adjourns on Friday, May 26, 1995, it stand adjourned to meet next Monday, May 29, 1995, at 2:30 P.M., which motion was adopted.

ADJOURNMENT

At 3:00 P.M., on motion of Senator WILLIAMS, the Senate adjourned to meet tomorrow at 11:00 A.M.

* * *


Printed Page 3244 . . . . . Friday, May 26, 1995

Friday, May 26, 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 RYBERG.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4089 -- Reps. Stille, Townsend, Carnell and McAbee: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.

(By prior motion of Senator LANDER)

H. 4170 -- Reps. Rhoad and Cave: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS SHALL RECEIVE COMPENSATION OF ONE THOUSAND TWO HUNDRED DOLLARS EACH CALENDAR YEAR.

(By prior motion of Senator MATTHEWS)

H. 4186 -- Reps. Shissias, Cotty, Rogers, Cromer, Harrison, Quinn, Howard, Scott, Neal, J. Brown and Byrd: A BILL TO AMEND SECTION 7-7-465, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ADD THE GREGG PARK PRECINCT AND TO STIPULATE THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS IN RICHLAND COUNTY ARE SHOWN.

(By prior motion of Senator GIESE)


Printed Page 3245 . . . . . Friday, May 26, 1995

H. 4218 -- Rep. McAbee: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.

(By prior motion of Senator LANDER)

H. 4219 -- Reps. Carnell, Klauber, McAbee and Stille: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.

(By prior motion of Senator LANDER)

H. 4229 -- Reps. Klauber, Stille, Carnell and McAbee: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

(By prior motion of Senator LANDER)

H. 4230 -- Reps. Stoddard, Wilder and Carnell: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

(By prior motion of Senator BRYAN)

H. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.

(By prior motion of Senator SALEEBY, with unanimous consent)

H. 4216 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1830,


Printed Page 3246 . . . . . Friday, May 26, 1995

PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(By prior motion of Senator SALEEBY, with unanimous consent)

H. 4232 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY MEDICAL ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(By prior motion of Senator SALEEBY, with unanimous consent)

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.

(By prior motion of Senator McGILL, with unanimous consent)

ADJOURNMENT

At 11:47 A.M., on motion of Senator SETZLER, the Senate adjourned to meet next Monday, May 29, 1995, at 2:30 P.M.

* * *


Printed Page 3247 . . . . . Monday, May 29, 1995

Monday, May 29, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 2:30 P.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, as we commemorate Memorial Day, 1995, hear words from the 133rd Psalm (NRSV):

"How very good and pleasant it is

when kindred live together in unity!

It is like the precious oil on the head,

running down upon the beard, on the

beard of Aaron...

It is like the dew of Hermon, which falls

on the mountains of Zion.

For there the Lord ordained His blessing,

life forevermore."
Let us pray.

Lord God of Hosts, as we observe Memorial Day 1995, our hearts are somewhat warmed when we are told that after the so-called Civil War that flowers were placed upon the graves of soldiers by survivors of opposing sides. Southerners placed flowers upon the graves of Northerners, and Northerners gave their flowers to Southern graves.

As we face the future, we pray that our national goals will be for such justice, charity and loyal brotherhood that this country will remain ONE NATION UNDER GOD as long as planet earth remains intact.

"God bless our native land!

For her our prayers shall rise

To God above the skies;

On Him we wait.

Thou Who art ever nigh,

Guarding with watchful eye,

To Thee aloud we cry,

God save the State!"

Amen!

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


Printed Page 3248 . . . . . Monday, May 29, 1995

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 24, 1995
Mr. President and Members of the Senate:

I am transmitting herewith appointments for confirmation. These appointments are made with the "advice and consent of the Senate," and are, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

Local Appointments

Reappointments, Horry County Magistrates, with terms to commence April 30, 1995, and to expire April 30, 1999:

Honorable Margie B. Livingston, Post Office Box 1402, Conway, S.C. 29526

Honorable Monte L. Harrelson, 633 West Harrelson Road, Loris, S.C. 29569

Honorable Charles Bernard Johnson, 944 Highway 90, Conway, S.C. 29527

Received as information.

Initial Appointment, Sumter County Magistrate, with term to commence April 30, 1994, and to expire April 30, 1998:

Mr. L. Earl Pack, 2600 Beulah Cuttino Road, Sumter, S.C. 29150 VICE James W. Hudson (resigned)

Received as information.

Reappointments, Sumter County Magistrates, with terms to commence April 30, 1994, and to expire April 30, 1998:

Honorable William Sanders, 5070 John W. Sanders Road, Rembert, S.C. 29128

Honorable Mary Katherine Herbert, Post Office Box 1394, Sumter, S.C. 29151

Received as information.


Printed Page 3249 . . . . . Monday, May 29, 1995

Leave of Absence Rescinded

At 2:30 P.M., the leave of absence granted to Senator LEVENTIS for today was rescinded.

Leave of Absence

At 3:10 P.M., Senator ROSE requested a leave of absence from 6:00 P.M. today until 9:00 A.M. Tuesday, May 30, 1995.

Leave of Absence

On motion of Senator RYBERG, at 3:15 P.M., Senator RICHTER was granted a leave of absence until 4:00 P.M.

Leave of Absence

On motion of Senator PATTERSON, at 3:15 P.M., Senator WASHINGTON was granted a leave of absence until 5:00 P.M.

Leave of Absence

On motion of Senator HOLLAND, at 2:30 P.M., Senator MOORE was granted a leave of absence until 4:00 P.M.

H. 3135--CONFERENCE COMMITTEE APPOINTED

Message from the House

Columbia, S.C., May 29, 1995

Mr. President and Senators:

The House respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the Senate to:
H. 3135 -- Reps. Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley: A BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE CHIEF, WITH THE APPROVAL OF THE MUNICIPALITY, TO PROVIDE FOR THE COMPENSATION OF RESERVE POLICE OFFICERS.
Very respectfully,
Speaker of the House

On motion of Senator PEELER, the Senate insisted upon its amendments to H. 3135 and asked for a Committee of Conference.


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