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 650, Feb. 23 | Printed Page 670, Feb. 28 |

Printed Page 660 . . . . . Tuesday, February 28, 1995

Ms. Beverly G. Hamilton, 422 Somerset Place, Florence, S.C. 29501 VICE William J. McCord (resigned)

Referred to the Committee on Medical Affairs.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 7, 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.

Respectfully,
David M. Beasley

Statewide Appointment

Initial Appointment, Children's Trust Fund of South Carolina, with term to commence July 1, 1994, and to expire June 30, 1998:

4th Congressional District:

Mrs. Carolyn E. Frederick, 326 Chick Springs Road, Greenville, S.C. 29609 VICE Frances Ellison DeLoache

Referred to the General Committee.

MESSAGE FROM THE GOVERNOR

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 10, 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.

Respectfully,
David M. Beasley


Printed Page 661 . . . . . Tuesday, February 28, 1995

Statewide Appointment

Initial Appointment, Board of Health and Environmental Control, with term to commence February 1, 1995, and to expire June 30, 1997:

At-Large - Chairman:

Mr. John Hay Burris, 130 Haywain Drive, Chapin, S.C. 29036 VICE Robert J. Stripling, Jr. (resigned)

Referred to the Committee on Medical Affairs.

REGULATIONS RECEIVED

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

Document No. 1786
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Construction Demolition and Land-Clearing Debris Landfills
Received by Lt. Governor February 10, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date January 17, 1996

Document No. 1827
Promulgated by Department of Revenue
Video Game Machines
Received by Lt. Governor February 14, 1995
Referred to Senate Committee on Finance
120 day review expiration date January 21, 1996

Document No. 1831
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Used Oil
Received by Lt. Governor February 10, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date January 17, 1996

Document No. 1842
Promulgated by Workers' Compensation Commission
Self-Insurance, Application; Financial Analysis and Reports
Received by Lt. Governor February 10, 1995
Referred to Senate Committee on Judiciary
120 day review expiration date January 17, 1996


Printed Page 662 . . . . . Tuesday, February 28, 1995

REGULATION WITHDRAWN

The following was received:

Document No. 1745
Promulgated by Coastal Council
Marina/Community Dock Location and Design
Received by Lt. Governor March 29, 1994
Referred to Senate Committee on Agriculture and Natural Resources
Withdrawn February 16, 1995

Leave of Absence

On motion of Senator PASSAILAIGUE, at 12:00 Noon, Senator McCONNELL was granted a leave of absence for Tuesday and Wednesday of this week.

Leave of Absence

On motion of Senator CORK, at 12:00 Noon, Senator RICHTER was granted a leave of absence for the balance of the week.

Point of Personal Interest

Senator PASSAILAIGUE rose to a Point of Personal Interest.

Point of Personal Privilege

Senator MARTIN rose to a Point of Personal Privilege.

Statement by Senator LARRY MARTIN

It is my honor and pleasure to take a brief moment to mark the 100th anniversary of the birth of the late Speaker Emeritus, the Honorable Solomon Blatt. He served with great distinction as a member of the South Carolina House for fifty-three years, much of that time as Speaker. It was my distinct honor to sit with him when he came to the House in 1979 until his death in 1986. Speaker Blatt loved his native county of Barnwell, the people of South Carolina and the men and women of the General Assembly with whom he served. He served with unselfish devotion and dedication for over half of this century and was truly one of our most able statesmen of our time.


Printed Page 663 . . . . . Tuesday, February 28, 1995

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 565 -- Senator Mescher: A SENATE RESOLUTION COMMENDING FELDER BROWN OF ANDREWS, SOUTH CAROLINA, FOR HIS PARTICIPATION IN SAVING THE LIFE OF JACK MESCHER OF ANDREWS, SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 566 -- Senator Mescher: A SENATE RESOLUTION COMMENDING WAYNE MCKENZIE BROWN OF ANDREWS, SOUTH CAROLINA, FOR HIS PARTICIPATION IN SAVING THE LIFE OF JACK MESCHER OF ANDREWS, SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 567 -- Senator Mescher: A SENATE RESOLUTION COMMENDING WAYNE BENTON BROWN OF ANDREWS, SOUTH CAROLINA, FOR HIS PARTICIPATION IN SAVING THE LIFE OF JACK MESCHER OF ANDREWS, SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 568 -- Senator Mescher: A SENATE RESOLUTION COMMENDING TIM HOSENFELD OF HEMINGWAY, SOUTH CAROLINA, FOR HIS PARTICIPATION IN SAVING THE LIFE OF JACK MESCHER OF ANDREWS, SOUTH CAROLINA.

The Senate Resolution was adopted.

S. 569 -- Senators Matthews, Williams, Ford, Glover, Jackson, Patterson and Washington: A SENATE RESOLUTION TO CONGRATULATE THE SOUTH CAROLINA STATE UNIVERSITY BULLDOG FOOTBALL TEAM AND ITS HEAD COACH WILLIE JEFFRIES FOR WINNING THE HERITAGE BOWL AND FOR AN OUTSTANDING 1994 SEASON AND TO ALLOW THE TEAM AND ITS COACHES THE PRIVILEGE OF THE FLOOR OF THE SENATE AT A DATE AND TIME TO BE DETERMINED BY THE PRESIDENT.

Whereas, the Bulldogs captured an outstanding comeback victory over the Southwestern Athletic Conference Champion Grambling State University when trailing by eleven points in the final quarter, the Bulldogs pulled it out with a winning score of 31-27 in the fourth annual Heritage Bowl; and


Printed Page 664 . . . . . Tuesday, February 28, 1995

Whereas, this victory finished out an incredibly successful 1994 season with a 10-2 record for the Bulldogs winning their first Mid-Eastern Atlantic Conference championship since 1983; and

Whereas, Coach Willie Jeffries, who has been an exceptional coach and an inspiring leader of the Bulldogs, has led the team to a 91-39-4 record over the past twelve years; and

Whereas, through the tremendous talent, hard work, and dedication, the Bulldogs, Coach Jeffries, and the coaching staff have exhibited throughout this season, they have brought immense pride not only to South Carolina State and its loyal alumni and supporters, but also to the State of South Carolina; and

Whereas, the members of the Senate would like to recognize and congratulate each Bulldog player, Coach Jeffries, and the coaching staff upon completing a remarkable season and for their outstanding victory at the Heritage Bowl. Now, therefore,

Be it resolved by the Senate:

That the members of the Senate congratulate the Bulldog football team, Coach Willie Jeffries, and the Bulldog coaching staff for a truly outstanding 1994 season and Heritage Bowl victory.

Be it further resolved that the Bulldog football team, Coach Jeffries, and the Bulldog coaching staff are given the privilege of the floor of the Senate at a date and time to be determined by the President.

Be it further resolved that a copy of this resolution be forwarded to Dr. Barbara Hadden, President of South Carolina State University; Jim Martin, Director of Athletics; and Willie Jeffries, Head Football Coach.

Referred to the Committee on Invitations.

S. 570 -- Senator Reese: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FIFTY PERCENT OF THE FAIR MARKET VALUE OF A RECREATIONAL VEHICLE OWNED BY AN INDIVIDUAL WHO HAS ATTAINED AGE SIXTY-FIVE.

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

S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER


Printed Page 665 . . . . . Tuesday, February 28, 1995

SIGN THE INVOICE AND TOMAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.

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

S. 572 -- Senators Gregory and Lander: A JOINT RESOLUTION TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE DEER SEASON ON PRIVATE LANDS IN GAME ZONES 2 AND 4.

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

S. 573 -- Senator Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY AND CERTAIN AREAS, TO DEFINE SUCH AREAS AND PROVIDE PENALTIES.

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

S. 574 -- Senator Elliott: A BILL TO AMEND SECTION 50-17-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AND RESTRICTIONS ON VARIOUS NETS IN WATERS FROM THE SALTWATER-FRESHWATER DIVIDING LINE SEAWARD, SO AS TO INCREASE THE AUTHORIZED SIZE.

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

S. 575 -- Senator Hayes: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO


Printed Page 666 . . . . . Tuesday, February 28, 1995

NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.

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

S. 576 -- Senators Hayes and Giese: A BILL TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF JUVENILE JURISDICTION, SO AS TO REQUIRE THE FAMILY COURT TO TRANSFER JURISDICTION OF A CHILD FOURTEEN YEARS OF AGE OR OLDER IF THE CHILD HAS BEEN CHARGED WITH AN OFFENSE THAT, IF COMMITTED BY AN ADULT, WOULD PROVIDE FOR A TERM OF IMPRISONMENT FOR TEN YEARS OR MORE AND THE CHILD HAS TWO PRIOR ADJUDICATIONS FOR OFFENSES CARRYING THE SAME SENTENCE.

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

S. 577 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.

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

S. 578 -- Senator Bryan: A BILL TO AMEND SECTION 62-3-705, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF A PERSONAL REPRESENTATIVE, SO AS TO REQUIRE THE PERSONAL REPRESENTATIVE TO INFORM THE SURVIVING SPOUSE, IF ANY, OF ELECTIVE SHARE RIGHTS, AND TO


Printed Page 667 . . . . . Tuesday, February 28, 1995

PROVIDE THAT THE COURT MUST INFORM THE PERSONAL REPRESENTATIVE OF THIS DUTY.

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

S. 579 -- Senator Reese: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.

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

S. 580 -- Senator Reese: A BILL TO REENACT SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S POWER OF ARREST FOR CERTAIN CRIMES COMMITTED IN HIS PRESENCE.

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

S. 581 -- Senator Ford: A BILL TO AMEND SECTION 8-13-745, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTERING INTO CONTRACTS FOR GOODS AND SERVICES BY MEMBERS OF THE GENERAL ASSEMBLY WITH GOVERNMENTAL ENTITIES, SO AS TO PROVIDE THAT SUCH CONTRACTS SHALL NOT BE PERMITTED DURING THE TERM FOR WHICH THE MEMBER SHALL HAVE BEEN ELECTED AND FOR ONE YEAR THEREAFTER IF THE CONTRACTS ARE IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS IN THE AGGREGATE FOR A FISCAL YEAR; AND TO PROVIDE THAT SIMILAR RESTRICTIONS SHALL APPLY TO CONTRACTS WITH GOVERNMENTAL ENTITIES OF ONE HUNDRED THOUSAND DOLLARS OR LESS IN THE AGGREGATE FOR A FISCAL YEAR IF THE MEMBER HAS VOTED ON OR PARTICIPATED IN THE DELIBERATIONS OF THE SECTION OF THAT YEAR'S


Printed Page 668 . . . . . Tuesday, February 28, 1995

APPROPRIATION BILL RELATING TO THE GOVERNMENTAL ENTITY.

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

S. 582 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-37-85 SO AS TO PERMIT EJECTMENT OF A TENANT DESPITE THE FACT THAT THE TENANT MAY HAVE FILED FOR BANKRUPTCY OR BEEN DECLARED BANKRUPT WHENEVER THE TENANT HAS FAILED TO FILE FOR BANKRUPTCY OR HAS NOT BEEN DECLARED BANKRUPT UNTIL AFTER EJECTMENT PROCEEDINGS OR TRIAL HAS BEEN HAD.

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

S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.

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

S. 584 -- Senators Lander, Matthews and Giese: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE TAGS FOR DISABLED PERSONS, SO AS TO CHANGE THE TERM "DISABLED PERSON" TO "PERSON WITH A DISABILITY" AND TO PROVIDE THAT THESE TAGS MAY BE ISSUED FOR CARS LEASED BY A PERSON WITH A DISABILITY.

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

S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

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


Printed Page 669 . . . . . Tuesday, February 28, 1995

H. 3524 -- Rep. Limbaugh: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 16, 1995, FOR ITS ANNUAL STATE HOUSE MEETING.

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

That Palmetto Boys State is hereby authorized to use the chambers of the Senate and the House of Representatives on Friday, June 16, 1995, for its annual State House meeting. If either House is in statewide session, the chamber of that House may not be used.

Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.

Referred to Committee on Invitations.

H. 3674 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 15, 1995, AND FRIDAY, JUNE 16, 1995.

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

That the Palmetto Girls State is authorized to use the Chamber of the Senate, on Thursday, June 15, 1995, and the Chamber of the House of Representatives on Thursday, June 15, 1995, from 9:00 a.m. to 3:00 p.m., and on Friday, June 16, 1995, from 2:00 p.m. to 4:00 p.m. for its annual legislative day activity. If either House is in statewide session, the chamber of that House may not be used.

Be it further resolved that the State House security forces provide assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no charges may be made for the use of the Senate and House chambers by Palmetto Girls State on these dates.

Referred to the Committee on Invitations.

H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF


Printed Page 670 . . . . . Tuesday, February 28, 1995

A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.

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


| Printed Page 650, Feb. 23 | Printed Page 670, Feb. 28 |

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