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 420, Jan. 31 | Printed Page 440, Feb. 2 |

Printed Page 430 . . . . . Wednesday, February 1, 1995

S. 441 -- Senator Richter: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.

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

S. 442 -- Senators Rose and Mescher: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.

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

S. 443 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360, RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.

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

S. 444 -- Senators Glover, Jackson, Washington, Ford and Giese: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-190 SO AS TO REQUIRE A RETAILER TO AFFIX A METAL OR PLASTIC IDENTIFICATION TAG TO EACH BEER KEG THAT IS SOLD, RENTED, OR LEASED AND RECORD THE IDENTIFICATION NUMBER ALONG WITH THE PURCHASER'S NAME, ADDRESS, PHONE NUMBER, AND DRIVER'S LICENSE NUMBER.

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


Printed Page 431 . . . . . Wednesday, February 1, 1995

S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM BELTON TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.

Whereas, Ernest A. Burriss was a lifelong resident of Belton, who during his life was a well known and respected citizen of the Belton community; and

Whereas, he was a lifelong member of the 2nd Baptist Church and successfully raised nine children in the Belton community; and

Whereas, he served on the local soil and conservation district for many years; and

Whereas, he served the citizens of our State for thirty-three years as an employee of the Department of Highways & Public Transportation, serving until his death; and

Whereas, he rose to the position of Maintenance Supervisor for the Belton District and was voted Employee of the Year for five consecutive years; and

Whereas, he was instrumental in initiating and supervising numerous bridge and road revitalization projects in the Belton District; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to this fine South Carolinian to name the section of Highway 76-178 from Belton to Honea Path in Anderson County in his honor. Now, therefore,

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

That the members of the South Carolina General Assembly hereby request the Department of Transportation to name the section of Highway 76-178 from Belton to Honea Path in Anderson County in honor of Ernest A. Burriss. The department is also requested to install appropriate markers and signs on the highway.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Ernest A. Burriss.

Referred to the Committee on Transportation.

S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS A


Printed Page 432 . . . . . Wednesday, February 1, 1995

REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.

Senator BRYAN spoke on the Resolution.

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

S. 446--Ordered to a Second and Third Reading

On motion of Senator BRYAN, with unanimous consent, S. 446 was ordered to receive a second and third reading on the next two consecutive legislative days.

H. 3411 -- Reps. Hines, Harwell, Askins, McKay, Limbaugh, Allison, Anderson, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM S. HOUCK, JR., M.D. OF FLORENCE COUNTY FOR HIS FOUR YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY, AND WISHING HIM HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.

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

H. 3412 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING WILLIAM T. (BILL) MANSON, III, OF ANDERSON COUNTY ON RECEIVING THE EARLY CAREER


Printed Page 433 . . . . . Wednesday, February 1, 1995

HEALTHCARE EXECUTIVE OF THE YEAR AWARD FOR SOUTH CAROLINA.

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

H. 3430 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING D. KIRK OGLESBY, JR., OF ANDERSON COUNTY ON BECOMING CHAIRMAN OF THE SOUTH CAROLINA HOSPITAL ASSOCIATION.

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

H. 3431 -- Reps. Scott, Neal, J. Brown, Rogers, Cotty, Howard, Shissias, Harrison, Byrd, Quinn, Cromer, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION CONGRATULATING MS. MABLE SCOTT OF RICHLAND COUNTY FOR TWENTY YEARS OF SERVICE IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND ON BEING NAMED HYATT PARK ELEMENTARY SCHOOL'S 1994 TEACHER OF THE YEAR.

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

H. 3366 -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, Delleney and McCraw: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY AND TO ABOLISH THE YORK COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF YORK COUNTY AND DEVOLVE THEIR


Printed Page 434 . . . . . Wednesday, February 1, 1995

POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

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

REPORTS OF STANDING COMMITTEE

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Girl Scout Councils of S.C. to attend a reception in the Lower Lobby, State House on Tuesday, February 7, 1995, immediately upon adjournment and lasting until 2:30 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Thomas Patterson O'Dell
Rose

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews Russell Passailaigue

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Probate Judges Association of S.C. to attend a reception at the Adams Mark Hotel on Tuesday, February 14, 1995, from 6:00 until 7:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2



Printed Page 435 . . . . . Wednesday, February 1, 1995

AYES

Courson           Peeler           Wilson
Matthews Thomas Patterson
Passailaigue Rose

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Russell O'Dell

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Vocational Association and S.C. Vocational Directors Association to attend a luncheon in the Lower Lobby, State House on Wednesday, February 15, 1995, immediately upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Matthews Thomas Patterson
Rose

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Russell O'Dell Passailaigue

TOTAL--3


Printed Page 436 . . . . . Wednesday, February 1, 1995

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Municipal Association of S.C. to attend a reception at the Adams Mark Hotel on Wednesday, February 15, 1995, from 6:00 until 7:30 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson           Peeler           Wilson
Matthews Thomas Patterson
Passailaigue Rose

TOTAL--8

NAYS

TOTAL--0

NOT VOTING

Russell O'Dell

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from National Guard of S.C. to attend a reception at the National Guard Armory on Tuesday, February 21, 1995, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson           Peeler           Wilson
Matthews Thomas Patterson
Passailaigue Rose

TOTAL--8



Printed Page 437 . . . . . Wednesday, February 1, 1995

NAYS

TOTAL--0

NOT VOTING

Russell O'Dell

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from The Electric Cooperatives of S.C. to attend a reception at the Adams Mark Hotel on Wednesday, February 22, 1995, from 6:00 until 7:30 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Thomas Patterson O'Dell
Rose

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews Russell Passailaigue

TOTAL--3

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Council of Chambers of York County to attend a reception at the Adams Mark Hotel on Tuesday, February 28, 1995, from 6:00 until 8:30 P.M.


Printed Page 438 . . . . . Wednesday, February 1, 1995

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Peeler           Wilson
Thomas Patterson O'Dell
Rose

TOTAL--7

NAYS

TOTAL--0

NOT VOTING

Matthews Russell Passailaigue

TOTAL--3

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Labor, Commerce and Industry Committee proposed the following amendment (BBM\9822JM.95), which was adopted:

Amend the bill, as and if amended, by striking Section 39-15-1105(9), as contained in SECTION 1, and inserting:

/"(9) `trademark' means a word, name, symbol, or device or any


Printed Page 439 . . . . . Wednesday, February 1, 1995

combination of these used bya person to identify and distinguish the goods of that person, including a unique product, from those manufactured and sold by others and to indicate the source of the goods, even if that source is unknown. `Trademark' also means, but is not limited to, the symbol, emblem, sign, insignia, or any combination thereof, of the United States Olympic Committee or the International Olympic Committee."/

Amend title to conform.

Senator ALEXANDER explained the amendment and Bill.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

AMENDED, READ THE SECOND TIME

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

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Labor, Commerce and Industry.

The Labor, Commerce and Industry Committee proposed the following amendment (45R001.JVS), which was adopted:

Amend the bill, as and if amended, by striking lines 35 through 40 and inserting in lieu thereof the following:

/ Beginning February 1, 1995, at the expiration of the terms of the members of the Georgetown Pilotage Commission, the terms of the commissioners appointed initially thereafter shall be staggered, two shall serve for three years, two shall serve for two years, and two shall serve


Printed Page 440 . . . . . Wednesday, February 1, 1995

for one year. Provided, however, that at the expiration of these terms, commissioners shall be appointed to two-year terms.
" /

Amend title to conform.


| Printed Page 420, Jan. 31 | Printed Page 440, Feb. 2 |

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