Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 1191, Mar. 21 | Printed Page 1210, Mar. 21 |

Printed Page 1200 . . . . . Thursday, March 21, 1996

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 962 -- Senators Giese, Hayes and Bryan: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES, BY ADDING ARTICLE 28 SO AS TO ENACT THE CHILD BICYCLE SAFETY ACT AND TO REQUIRE CHILDREN TO USE BICYCLE HELMETS WHEN THEY ARE BICYCLE OPERATORS OR PASSENGERS, TO PROVIDE PENALTIES, AND TO ESTABLISH THE "BICYCLE SAFETY FUND" FOR USE IN PROVIDING BICYCLE SAFETY PROGRAMS AND ASSISTING LOW INCOME FAMILIES IN PURCHASING HELMETS.

Ordered for consideration tomorrow.

Senator BRYAN from the Committee on Judiciary submitted a favorable with amendment report on:

S. 1210 -- Senators Jackson, Holland, Drummond, Land, Matthews and Glover: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE EXECUTIVE DIRECTOR TO DELETE THE NAME OF ANY ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATE-WIDE GENERAL ELECTIONS AND ALSO FAILED TO VOTE IN ANY OTHER ELECTION WHICH MIGHT HAVE BEEN HELD IN THE PRECINCT IN WHICH HE IS REGISTERED WITHIN THE PERIOD OF TIME INTERVENING BETWEEN THE TWO GENERAL ELECTIONS; AND TO AMEND SECTION 7-3-30 RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE THE PROVISION REQUIRING THE COUNTY BOARD OF VOTER REGISTRATION, UPON APPEAL OF THE VOTER, TO RESTORE THE NAME OF A PERSON WHOSE NAME WAS DELETED SOLELY BECAUSE HE FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATE-WIDE GENERAL ELECTIONS.

Ordered for consideration tomorrow.


Printed Page 1201 . . . . . Thursday, March 21, 1996

Senator LAND from the Committee on Transportation submitted a favorable report on:

S. 1252 -- Senators Land and McGill: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

Ordered for consideration tomorrow.

Senator LAND from the Committee on Transportation submitted a favorable report on:

H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO COLLECT SOLID WASTE OR RECOVERED MATERIALS.

Ordered for consideration tomorrow.


Printed Page 1202 . . . . . Thursday, March 21, 1996

Invitations Accepted

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

An invitation from Independent Banks of S.C. to attend a reception at the Capital City Club on Tuesday, April 2, 1996, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES
Courson              Peeler               Wilson
Patterson            Russell              O'Dell  Passailaigue
TOTAL--7

NAYS
TOTAL--0

NOT VOTING
Matthews Rose McGill
TOTAL--3

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

An invitation from Clemson University Division of Agriculture and Natural Resources to attend a social hour and dinner at the Columbia Woman's Club, 1703 Blossom Street on Wednesday, April 10, 1996, beginning at 6:00 P.M.


Printed Page 1203 . . . . . Thursday, March 21, 1996

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES
Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue
TOTAL--7

NAYS
TOTAL--0

NOT VOTING
Matthews Rose McGill
TOTAL--3

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

An invitation from S.C. Horsemen's Council to attend a reception at the Riverfront Building, 300 Senate Street on Tuesday, April 16, 1996, from 6:00 until 8:00 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES
Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue
TOTAL--7

NAYS
TOTAL--0

Printed Page 1204 . . . . . Thursday, March 21, 1996

NOT VOTING
Matthews             Rose                 McGill
TOTAL--3

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

An invitation from Trans. Association of S.C. to attend a breakfast at the Clarion Town House on Wednesday, April 17, 1996, from 8:00 until 9:00 A.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES
Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue
TOTAL--7

NAYS
TOTAL--0

NOT VOTING
Matthews Rose McGill
TOTAL--3

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

An invitation from S.C. Association of Municipal Power Systems to attend a reception at the State Fairgrounds on Wednesday, April 17, 1996, from 6:00 until 8:00 P.M.


Printed Page 1205 . . . . . Thursday, March 21, 1996

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES
Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue
TOTAL--7

NAYS
TOTAL--0

NOT VOTING
Matthews Rose McGill
TOTAL--3

CONCURRENCE

S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES 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.

The House returned the Bill with amendments.

On motion of Senator BRYAN, the Senate concurred in the House amendments and a message was sent to the House accordingly. Ordered that the title be changed to that of an Act and the Act enrolled for Ratification.

HOUSE CONCURRENCE

S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE


Printed Page 1206 . . . . . Thursday, March 21, 1996

LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

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 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. 4329 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Hutson, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Meacham and Clyburn: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE CENTER OF HEALTH POLICY, INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF SOUTH CAROLINA, TO EVALUATE AND STUDY OPTIONS FOR CONSUMER FINANCING OF LONG-TERM CARE AND TO REPORT AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY.

H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.

Senator MOORE explained the Bill.

H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE


Printed Page 1207 . . . . . Thursday, March 21, 1996

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

HOUSE BILL RETURNED

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

H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.

THIRD READING BILLS

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

S. 21 -- Senator Mescher: A BILL TO AMEND CHAPTER 29, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.

S. 68 -- Senators McConnell, Rose and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION


Printed Page 1208 . . . . . Thursday, March 21, 1996

DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.

S. 1140 -- Senators Moore, Ryberg, Setzler, Lander, Jackson, Matthews and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.

Senator MOORE explained the Bill.

AMENDED, READ THE THIRD TIME, SENT TO THE HOUSE

S. 409 -- Senators McConnell, Drummond, Passailaigue and Mescher: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING CHAPTER 22 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.

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

Senator HAYES proposed the following amendment (PT\2244DW.96), which was adopted:

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . Title 52 of the 1976 Code is amended by adding:

"CHAPTER 23

Recreational or Sporting Activity Immunity

Section 52-23-10. Except when liability is strictly imposed by law, an instructor or coach of a recreational or sporting activity is not liable for an injury to or the death of a participant under his supervision resulting


Printed Page 1209 . . . . . Thursday, March 21, 1996

from an inherent risk of that activity, and no such participant or participant's representative may make a claim against, maintain an action against, or recover from a coach or instructor for injury, loss, damage, or death of the participant resulting from an inherent risk of that activity."/

Renumber sections to conform.

Amend title to conform.

Senator HAYES explained the amendment.

Senator GREG SMITH proposed the following amendment (409R001.GS), which was adopted:

Amend the bill, as and if amended, page 4, after line 37, by adding an appropriately numbered new SECTION to read:

/SECTION . Section 50-21-860 of the 1976 Code is amended to read:

"Section 50-21-860. As used in this section, `airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.

(A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-35 50-17-30, seaward.

(B) It is unlawful to operate an airboat on the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown County.

(B) (C) It is unlawful to operate an airboat on the waters on of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree rivers during the season for hunting waterfowl.

Any A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.

The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying, biological research programs, and private waters./

Amend title to conform.

Senator GREG SMITH explained the amendment.

There being no further amendments, the Bill was read the third time and ordered sent to the House of Representatives.


| Printed Page 1191, Mar. 21 | Printed Page 1210, Mar. 21 |

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