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 400, Jan. 26 | Printed Page 420, Jan. 31 |
Printed Page 410 . . . . . Tuesday, January 31, 1995
Tuesday, January 31, 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:

Hear words from Isaiah 58 (8):

"If you pour yourself out for the hungry,

And satisfy the desire of the afflicted,

Then shall your light rise in the darkness,

And your gloom be as the noonday."
Let us pray.

Lord God, Who has taught us to love each other, after 50 years we still remember the horrors of Auschwitz, that town that had become the synonym for evil.

But we hear sad news of bitterness and inhumanity in Cambodia, the Middle East, Africa, the cities and countrysides of the United States.

Help us to get our hearts right; and believe the words from YOU through the prophet Isaiah:

"If you pour yourself out for the hungry,

And satisfy the desire of the afflicted,

Then shall your light rise in the darkness,

And your gloom be as the noonday."

Amen! So let it be!

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

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MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 31, 1994
Mr. President and Members of the Senate:

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

Respectfully,
Carroll A. Campbell, Jr.

Local Appointments

Reappointments, Hampton County Magistrates, with terms to expire April 30, 1998:

Honorable Mary F. Henderson, Post Office Box 314, Hampton, S.C. 29924

Honorable Virgin Johnson, Sr., Post Office Box 314, Hampton, S.C. 29924

Honorable Algernon G. Solomons, Jr., Post Office Box 969, Estill, S.C. 29918

Received as information.

ACTING PRESIDENT PRESIDES

At 12:15 P.M., Senator MATTHEWS assumed the Chair.

RECALLED, ADOPTED

RETURNED TO THE HOUSE

H. 3392 -- Rep. Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS BEING MADE TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR THE STUDENTS IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND TO DECLARE TUESDAY, JANUARY 31, 1995, AS "CHILDREN FIRST DAY" IN THIS STATE.

Whereas, the Constitution of this State declares that it is the responsibility of the State to provide a system of free public schools; and

Whereas, over six hundred thousand students attend the public schools in South Carolina; and

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Whereas, South Carolina's future could be irreparably harmed if today's students are not trained to compete in the changing, global economy of the twenty-first century; and

Whereas, South Carolina's education system is committed to reaching the National Education Goals by the year 2000. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, recognize the efforts being made to provide educational opportunities for the students in South Carolina's public school system and declare Tuesday, January 31, 1995, as "Children First Day" in this State.

Senator COURSON asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.

There was no objection.

On motion of Senator COURSON, with unanimous consent, the Concurrent Resolution was adopted, ordered returned to the House.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 424 -- Senator J. Verne Smith: A SENATE RESOLUTION CONGRATULATING THE YELLOW JACKETS OF GREER HIGH SCHOOL ON WINNING THE 1994 STATE FOOTBALL CHAMPIONSHIP IN CLASS AAA.

The Senate Resolution was adopted.

S. 425 -- Senator Rose: A CONCURRENT RESOLUTION CLAIMING SOVEREIGNTY UNDER THE TENTH AMENDMENT TO THE UNITED STATES CONSTITUTION OVER ALL GOVERNMENT POWERS ENUMERATED AND GRANTED TO THE FEDERAL GOVERNMENT AND SERVING NOTICE ON THE FEDERAL GOVERNMENT TO CEASE MANDATES ON THIS STATE BEYOND FEDERAL AUTHORITY.

Whereas, the Tenth Amendment to the Constitution of the United States reads as follows:

"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and

Printed Page 413 . . . . . Tuesday, January 31, 1995
Whereas, the Tenth Amendment defines the total scope of federal power as being that specifically granted by the United States Constitution and no more; and

Whereas, the scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be an agent of the states; and

Whereas, today, in 1994, the states are demonstrably treated as agents of the federal government; and

Whereas, numerous resolutions have been forwarded to the federal government by the General Assembly without any response or result from Congress or the federal government; and

Whereas, many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and

Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1991), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

Whereas, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the United States Constitution. Now, therefore,

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

That the State of South Carolina claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the United States Constitution.

Be it further resolved that this resolution serve as notice and demand to the federal government, as our agent, to cease and desist, effective immediately, mandates that are beyond the scope of its constitutionally delegated powers.

Be it further resolved, that copies of this resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of this state's congressional delegation.

Referred to the Committee on Judiciary.

S. 426 -- Senator McConnell: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO

Printed Page 414 . . . . . Tuesday, January 31, 1995
PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL NONPROFIT ANIMAL HUMANE SOCIETIES.

Read the first time and referred to the Committee on Agriculture and Natural Resources.

S. 427 -- Senator McConnell: A BILL TO AMEND SECTION 38-33-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF LAW THAT NO HEALTH MAINTENANCE ORGANIZATION MAY PROHIBIT ANY LICENSED PHYSICIAN, PODIATRIST, OPTOMETRIST, OR ORAL SURGEON FROM PARTICIPATING AS A PROVIDER IN THE ORGANIZATION ON THE BASIS OF HIS PROFESSION, SO AS TO INCLUDE A LICENSED OPTICIAN IN THIS GROUP OF PROVIDERS.

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

S. 428 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO EXTEND THE RACCOON HUNTING SEASON IN GAME ZONE NINE.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 429 -- Senators Lander, Hayes, Wilson and Leventis: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND TO ADD SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG AND DEMAND REDUCTION ACTIVITIES.

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

S. 430 -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION

Printed Page 415 . . . . . Tuesday, January 31, 1995
20-7-1525 SO AS TO PROVIDE THAT A PARTY MAY NOT COUNTERCLAIM FOR CUSTODY IN AN ACTION FOR MODIFICATION OF THE CHILD SUPPORT AMOUNT AND TO FURTHER PROVIDE THAT IF A SEPARATE ACTION FOR CUSTODY IS BROUGHT AFTER A MODIFICATION ACTION, THE TWO MAY NOT BE JOINED AND THE MODIFICATION ACTION MUST BE RESOLVED BEFORE THE CUSTODY ACTION MAY BE HEARD.

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

S. 431 -- Senator Rose: A BILL TO AMEND SECTION 58-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC POWER PROVIDED BY THE PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE SERVICE WITHIN THE TERRITORY ASSIGNED TO AN ELECTRIC COOPERATIVE IN AN "ECONOMIC IMPACT REGION" AS DEFINED IN SECTION 12-7-1273.

Senator MESCHER spoke on the Bill.

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

S. 432 -- Senator Rose: A BILL TO AMEND SECTION 58-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC POWER PROVIDED BY THE PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE SERVICE WITHIN THE TERRITORY ASSIGNED TO AN ELECTRIC COOPERATIVE UPON AGREEMENT OF THE AFFECTED ELECTRIC COOPERATIVE.

Senator MESCHER spoke on the Bill.

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

S. 433 -- Senator Rose: A BILL TO AMEND SECTION 58-31-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC POWER PROVIDED BY THE PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE SERVICE, IF CHOSEN BY THE CUSTOMER, TO ANY LOAD OF 750 KW OR LARGER.

Senator MESCHER spoke on the Bill.

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

Printed Page 416 . . . . . Tuesday, January 31, 1995
S. 434 -- Senators Greg Smith, Martin and Rankin: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, RELATING TO THE LICENSING OF DRIVERS UNDER THE AGE OF 18, AND REPEALING SECTIONS 56-1-40(1), 56-1-50, AND 56-1-180.

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

S. 435 -- Senators Elliott, Martin, Alexander and Reese: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

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

S. 436 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 437 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 438 -- Senator Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.

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

H. 3395 -- Reps. Vaughn and Allison: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREER HIGH SCHOOL YELLOW JACKETS VARSITY FOOTBALL TEAM, THEIR HEAD

Printed Page 417 . . . . . Tuesday, January 31, 1995
COACH,STUART HOLCOMBE, PRINCIPAL MARION WATERS, AND SCHOOL OFFICIALS FOR WINNING THE CLASS AAA STATE CHAMPIONSHIP FOR 1994 AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF FOOTBALL PLAYERS AND THEIR COACHES.

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

H. 3396 -- Reps. Govan, Felder, Cobb-Hunter, Sharpe and Stuart: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY BULLDOG FOOTBALL TEAM FOR AN OUTSTANDING 1994 SEASON AND HERITAGE BOWL VICTORY.

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

H. 3397 -- Reps. Tucker and Elliott: A CONCURRENT RESOLUTION CONGRATULATING THOMAS BLAIR HERBERT OF ANDERSON ON BEING SELECTED TO ATTEND THE NATIONAL YOUNG LEADERS CONFERENCE IN WASHINGTON, D.C.

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

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN

Printed Page 418 . . . . . Tuesday, January 31, 1995
EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

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

H. 3370 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO ELECTIONS FOR MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 5, SO AS TO PROVIDE THAT THE BOARD RATHER THAN THE COMMISSIONERS OF ELECTION FOR FLORENCE COUNTY SHALL CONDUCT THE ELECTIONS AND TO PROVIDE THAT ANY MEMBER OF THE BOARD MUST RECUSE HIMSELF INVOLVING MATTERS PERTAINING TO HIS ELECTION.

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. 312 -- Senator Alexander: A BILL TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO INCLUDE IN THE DEFINITION OF "TRADEMARK" THE SYMBOL OF THE INTERNATIONAL OLYMPIC COMMITTEE, THE EMBLEM OF THE UNITED STATES OLYMPIC COMMITTEE, AND RELATED ITEMS AND MATTERS.

Ordered for consideration tomorrow.

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

S. 45 -- Senator Greg Smith: A BILL TO AMEND SECTION 54-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY

Printed Page 419 . . . . . Tuesday, January 31, 1995
PROVIDING THAT BEGINNING FEBRUARY 1, 1995, AT THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE GEORGETOWN PILOTAGE COMMISSION, THE TERMS OF THE COMMISSIONERS ELECTED INITIALLY THEREAFTER SHALL BE STAGGERED, TWO SHALL SERVE FOR THREE YEARS, TWO SHALL SERVE FOR TWO YEARS, AND TWO SHALL SERVE FOR ONE YEAR. PROVIDED, HOWEVER, THAT AT THE EXPIRATION OF THESE TERMS, COMMISSIONERS SHALL BE ELECTED TO TWO-YEAR TERMS.

Ordered for consideration tomorrow.

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

S. 313 -- Senator McConnell: A BILL TO AMEND SECTION 54-15-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PILOTAGE LICENSES, SO AS TO DELETE THE DRAFT RESTRICTIONS FOR APPRENTICE BRANCH LICENSES AND TO DIRECT THE COMMISSIONERS OF PILOTAGE TO ESTABLISH IN REGULATION THE TONNAGE AND DRAFT RESTRICTIONS FOR EACH SHORT BRANCH APPRENTICE LICENSE.

Ordered for consideration tomorrow.

Senator COURSON from the Committee on Invitations polled out H. 3137 favorable:

H. 3137 -- Reps. Inabinett, Walker, Vaughn, Simrill, Meacham, Stille, Hines, Robinson, Baxley, Lloyd and Stuart: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 4, 1995) AS "LEGISLATIVE FAMILY DAY 1995" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1995".

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