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 690 . . . . . Wednesday, March 1, 1995

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 1843
Promulgated by Public Service Commission
Motor Carriers
Received by Lt. Governor February 24, 1995
Referred to Senate Committee on Judiciary
120 day review expiration date January 24, 1996

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received:

Document No. 1747
Promulgated by Licensing Board for Contractors, Department of Labor, Licensing and Regulation
Definition of Roofing Classification
Received by Lt. Governor March 31, 1994
Referred to Senate Committee on Labor, Commerce and Industry
120 day review expiration date March 7, 1995
Withdrawn and resubmitted February 21, 1995

Document No. 1810
Promulgated by Department of Health and Environmental Control
Solid Waste Management: Lead-Acid Batteries
Received by Lt. Governor January 16, 1995
Referred to Senate Committee on Medical Affairs
120 day review expiration date May 16, 1995, May 24, 1995
Withdrawn and resubmitted February 16, 1995

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 586 -- Senator Elliott: A JOINT RESOLUTION TO APPROPRIATE THIRTY MILLION DOLLARS FROM THE GENERAL FUND OF THE STATE TO THE STATE HIGHWAY FUND TO REPLACE THE AMOUNT OF SHIMS REVENUES DIVERTED TO PAY FOR THE HURRICANE HUGO NOTE.

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


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S. 587 -- Senators Courson, Wilson, Drummond, Leventis, Moore, Leatherman, Ryberg, J. Verne Smith, Giese, Thomas, Setzler, Alexander, Courtney, Mescher, Martin, Reese and Hayes: A JOINT RESOLUTION TO RATIFY THE BALANCED BUDGET AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES AS ADOPTED BY THE 104TH CONGRESS OF THE UNITED STATES AT ITS FIRST SESSION.

Senator COURSON spoke on the Resolution.

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

S. 588 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-445 SO AS TO PROVIDE THAT ANY PERSON WHO OBTAINS A JUDGMENT AGAINST ANOTHER PERSON FOR FAILURE TO PAY AN INSTALLMENT DEBT OBLIGATION REGARDING THE SALE OF A MOTOR VEHICLE MAY FILE A CERTIFIED COPY OF THE JUDGMENT WITH THE DEPARTMENT OF REVENUE AND TAXATION, TO PROVIDE THAT THE DEPARTMENT MAY NOT ISSUE OR RENEW A SOUTH CAROLINA DRIVER'S LICENSE FOR THE PERSON AGAINST WHOM THE JUDGMENT IS ENTERED OR ISSUE ANY NEW LICENSE PLATES OR VALIDATION STICKERS FOR A MOTOR VEHICLE OWNED BY THAT PERSON SO LONG AS THE JUDGMENT REMAINS UNSATISFIED, AND TO PROVIDE FOR THE MANNER IN WHICH THE DEPARTMENT MUST BE NOTIFIED OF THE SATISFACTION OF THE JUDGMENT AND FOR THE PENALTIES AND REMEDIES FOR FAILURE TO NOTIFY THE DEPARTMENT OF THE SATISFACTION.

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

S. 589 -- Invitations Committee: A SENATE RESOLUTION TO FIX 11:15 ON WEDNESDAY, MARCH 15, 1995, AS THE TIME FOR MR. JOHN MARK MCQWON TO SING BEFORE THE SENATE.

Whereas, March 1995, is being observed as National Mental Retardation month; and

Whereas, in special recognition of this month, the Senate acknowledges the devoted efforts of the Emerald Center, in Greenwood, South Carolina, a center which serves individuals with disabilities and special needs in Abbeville, Edgefield, McCormick, Saluda and Greenwood counties; and

Whereas, Mr. John Mark McQwon, a 29-year-old native of Greenwood and a student of the Emerald Center, is an upstanding citizen and


Printed Page 692 . . . . . Wednesday, March 1, 1995

outstanding individual, who is a participant in the Competitive Employment Program, where he works and assists other individuals at the Emerald Center; and

Whereas, Mr. McQwon is a member of the First Presbyterian Church Choir in Greenwood, where he takes voice and piano lessons, and enjoys sharing his love for music with others; and

Whereas, Mr. McQwon has worked diligently to hone his God-given talents, and many musical gifts; and

Whereas, it is appropriate to recognize and honor such an individual who serves as an inspiration to each of us, bringing beautiful music to all those around him. Now, therefore,

Be it resolved by the Senate:

That in recognition of National Mental Retardation Month, at the request of Senator John Drummond and with approval from the Senate Invitations Committee as provided in the Senate Rules, Mr. John Mark McQwon is granted the privilege of singing a song from the Senate podium at 11:15 on Wednesday, March 15, 1995.

The Senate Resolution was taken up for immediate consideration and ordered placed on the Calendar for consideration tomorrow.

S. 590 -- Senator Leatherman: A SENATE RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT H.R. 842, THE TRUTH IN BUDGETING ACT, REMOVING THE HIGHWAY TRUST FUND, AVIATION TRUST FUND, INLAND WATERWAYS TRUST FUND, AND HARBOR MAINTENANCE TRUST FUND FROM THE GENERAL FUND FEDERAL BUDGET.

The Senate Resolution was adopted.

S. 591 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION TO COMMEND DR. G. B. HODGE OF SPARTANBURG FOR HIS TWENTY-EIGHT YEARS OF DEVOTED SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG, UPON HIS RESIGNATION AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO DESIGNATE DR. HODGE AS CHAIRMAN EMERITUS OF THE COMMISSION.

Whereas, the members of the General Assembly learned with deep regret that Dr. G. B. Hodge of Spartanburg has resigned as chairman of the Spartanburg County Commission for Higher Education; and


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Whereas, the Spartanburg County Commission for Higher Education acts as the advisory board for USC-Spartanburg, and throughout its existence has ensured the growth and development of one of this state's very fine regional institutions of higher learning; and

Whereas, both the Commission for Higher Education and USCS were founded in 1967, and Dr. Hodge has served both faithfully since their inception; and

Whereas, as chairman of the commission, he has been the person most responsible for the excellent institution which USCS has become and his contributions include the securing of the institution's new physical plant, the development of a rigorous academic curriculum including the introduction of graduate studies and masters programs, and the acquisition of new leadership for the university which will help it continue to move forward; and

Whereas, Dr. Hodge is a native of Spartanburg, a graduate of Wofford College and the Vanderbilt University School of Medicine, and since 1948 has engaged in the private practice of general, thoracic, and cardiovascular surgery in Spartanburg, and in the process became one of the most respected members of the Spartanburg medical community and its first board-certified surgeon; and

Whereas, the General Assembly, by this resolution, would like to publicly recognize and thank this truly outstanding man for his contributions to the university which he loves so much and for his other contributions to the Spartanburg community, not only as a leader in education, but in medicine and other civic endeavors as well. Now, therefore,

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

That the members of the General Assembly commend Dr. G. B. Hodge of Spartanburg for his twenty-eight years of devoted service to the University of South Carolina-Spartanburg upon his resignation as chairman of the Spartanburg County Commission for Higher Education.

Be it further resolved that Dr. Hodge is hereby designated Chairman Emeritus of the Spartanburg County Commission for Higher Education. Be it further resolved that a copy of this resolution be forwarded to Dr. Hodge.

With unanimous consent, the Concurrent Resolution was taken up for immediate consideration and ordered placed on the local and uncontested Calendar for consideration tomorrow.


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S. 592 -- Senator Moore: A CONCURRENT RESOLUTION TO COMMEND THE GRANITEVILLE COMPANY UPON THE OCCASION OF ITS ONE HUNDRED AND FIFTIETH ANNIVERSARY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR THE COMPANY'S MANY CONTRIBUTIONS TO AIKEN COUNTY AND TO THE STATE OF SOUTH CAROLINA.

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

S. 593 -- Senators Elliott and Reese: A BILL TO AMEND SECTION 8-11-83, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYROLL DEDUCTION FOR DUES OF THE STATE EMPLOYEES' ASSOCIATION, SO AS TO ALSO AUTHORIZE A PAYROLL DEDUCTION FOR THE DUES OF THE SOUTH CAROLINA TROOPERS' ASSOCIATION.

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

H. 3646 -- Reps. Hodges and McElveen: A CONCURRENT RESOLUTION TO REQUEST CANDIDATES FOR JUDICIAL OFFICES TO BE FILLED BY ELECTION OF THE GENERAL ASSEMBLY DURING ITS 1995 SESSION TO REFRAIN FROM VISITING THE STATE HOUSE, BLATT BUILDING, GRESSETTE BUILDING, OR ANY OTHER BUILDINGS OF THE STATE CAPITOL COMPLEX FOR THE PURPOSE OF MEETING MEMBERS AND CAMPAIGNING FOR OFFICE UNTIL SUCH TIME AS THE LEGISLATIVE SCREENING COMMITTEE HAS RENDERED ITS REPORT REGARDING THE QUALIFICATIONS OF THE CANDIDATES FOR THE JUDICIAL OFFICES TO WHICH THE CANDIDATES SEEK ELECTION.

Whereas, numerous candidates for judicial offices to be filled by election of the General Assembly during its 1995 session are presently visiting the State House and the State Capitol Complex each legislative day to further their judicial candidacy; and

Whereas, although under present law no pledges to any candidate can be made by a member of the General Assembly until the legislative screening committee has rendered its findings in regard to the candidates for that office, it is perfectly permissible for these candidates to greet members of the General Assembly for informational purposes only as described above prior to seeking their pledges once pledging is permitted; and

Whereas, the practice of visiting the State House daily for purposes of greeting members of the General Assembly is a demanding and trying


Printed Page 695 . . . . . Wednesday, March 1, 1995

experience not only for the members of the General Assembly but most certainly for the candidates themselves thereby taking away from the productive work these excellent and capable individuals could be doing elsewhere; and

Whereas, the members of the General Assembly, by this resolution, are desirous of finding a solution to this situation. Now, therefore,

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

That the members of the General Assembly hereby request candidates for judicial offices to be filled by election of the General Assembly during its 1995 session to refrain from visiting the State House, Blatt Building, Gressette Building, or any other buildings of the State Capitol Complex for the purpose of meeting members and campaigning for office until such time as the legislative screening committee has rendered its report regarding the qualifications of the candidates for the judicial offices to which the candidates seek election, unless the candidate makes an appointment to visit the member in his State House Office.

Referred to the Committee on Judiciary.

H. 3672 -- Reps. T. Brown and Thomas: A CONCURRENT RESOLUTION SALUTING KENNETH WRIGHT OF GEORGETOWN COUNTY FOR HIS ACTS OF HEROISM AND BRAVERY IN SAVING THE LIFE OF A FELLOW HUMAN BEING FROM A BURNING HOME.

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

H. 3673 -- Rep. T. Brown: A CONCURRENT RESOLUTION SALUTING DARELL NETTLES OF GEORGETOWN COUNTY FOR HIS ACTS OF HEROISM AND BRAVERY IN SAVING THE LIFE OF A FELLOW HUMAN BEING FROM A BURNING HOME.

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

H. 3680 -- Reps. Canty, Inabinett and Stuart: A CONCURRENT RESOLUTION SALUTING ROBERT W. DWYER OF SUMTER FOR HIS DEVOTION TO HIS NATION, STATE, AND COMMUNITY.

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

H. 3681 -- Rep. Keyserling: A CONCURRENT RESOLUTION RECOGNIZING AND APPLAUDING THE EFFORTS OF MAIN


Printed Page 696 . . . . . Wednesday, March 1, 1995

STREET BEAUFORT, USA AND CELEBRATING ITS TENTH ANNIVERSARY BY NOTING ITS MANY SUCCESSES.

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

H. 3682 -- Rep. Law: A CONCURRENT RESOLUTION TO CONGRATULATE THE BERKELEY HIGH SCHOOL FOOTBALL TEAM, HEAD COACH JERRY BROWN AND HIS STAFF, AND SCHOOL OFFICIALS FOR WINNING THE CLASS AAAA DIVISION II STATE FOOTBALL CHAMPIONSHIP, 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. 3649 -- Reps. Jennings, J. Harris and Kinon: A BILL TO PROVIDE THAT THE BOARDS OF TRUSTEES OF THE SCHOOL ADMINISTRATIVE AREAS OF MARLBORO COUNTY ARE ABOLISHED AND THEIR POWERS AND DUTIES DEVOLVED UPON THE MARLBORO COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL NOT BE DEEMED TO ABOLISH THE ADMINISTRATIVE AREAS THEMSELVES.

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

H. 3659 -- Rep. Cato: A BILL TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

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

REPORT OF STANDING COMMITTEE

Senator SALEEBY from the Committee on Banking and Insurance submitted a favorable report on:

H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH


Printed Page 697 . . . . . Wednesday, March 1, 1995

CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 563 -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF, ONE OF THIS STATE'S MOST PROMINENT EDUCATORS, CARROLL FREDERICK REAMES OF ANDERSON, WHO DIED FRIDAY, FEBRUARY 10, 1995.

Returned with concurrence.

Received as information.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution 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. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.

H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1773, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


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THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 548 -- Senators Waldrep, Courtney, Wilson, Martin, O'Dell, Moore, Courson, Hayes and Stilwell: A BILL TO AMEND SECTION 12-7-1260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING EXPENDITURES FOR THE CHILD CARE CREDIT, SO AS TO INCLUDE DONATIONS TO NONPROFIT CORPORATIONS FOR PURPOSES OF ESTABLISHING A CHILD CARE PROGRAM.

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL


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ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senator WILSON proposed the following amendment (GJK\21466SD.95), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Notwithstanding any other provision of law, the Board of Trustees of Lexington County School District 1 consists of seven members who, except for the 1995 special election, must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years beginning in 1996 in the manner hereinafter provided. Each member of the board must be a resident of the school district and shall be elected by the qualified electors of the school district. Except for the members elected in the 1995 special election, members of the board shall be elected for four-year terms and until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within six months of a regular trustee election. In this case, the vacancy must be filled for the remainder of the unexpired term or for a full term as appropriate at the next regular election.


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