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

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Local Appointment

Reappointment, Georgetown County Magistrate, with term to commence April 30, 1995, and to expire April 30, 1999:

Honorable William Barry McCall, Post Office Box 1830, Pawleys Island, S.C. 29585

Received as information.

Doctor of the Day

Senator THOMAS introduced Dr. John Rowell of Greenville, S.C., Doctor of the Day.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.

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

H. 4670 -- Reps. Allison, Neal, G. Brown, Inabinett, Sandifer, McKay, J. Hines, Meacham, Cain, Wells, L. Whipper, Vaughn, Simrill, Lee, Waldrop, Herdklotz, Davenport, Byrd, Rice, Littlejohn, Rhoad, Lloyd, J. Brown, Haskins, Wilkes and Spearman: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL NEGLECT OF CHILDREN AND HELPLESS PERSONS, SO AS TO EXPAND THE CATEGORIES OF PERSONS CARING FOR CHILDREN AND HELPLESS PERSONS WHO ARE SUBJECT TO THIS SECTION.

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

H. 4982 -- Reps. Richardson and Keyserling: A CONCURRENT RESOLUTION CONGRATULATING MR. MARK BRYAN, MR. DEAN FELBER, MR. DARIUS RUCKER, AND MR. JIM "SONI" SONEFELD, ALL MEMBERS OF THE MUSICAL GROUP, HOOTIE

Printed Page 2161 . . . . . Wednesday, May 1, 1996
AND THE BLOWFISH, FOR BRINGING RECOGNITION TO THE STATE OF SOUTH CAROLINA THROUGH THEIR EFFORTS AND SUCCESS AS PROFESSIONAL MUSICIANS.

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

H. 4983 -- Reps. Govan, Scott, Allison, Anderson, Askins, Bailey, Baxley, 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, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, 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, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EUGENE MONTGOMERY OF ORANGEBURG, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

REPORTS OF STANDING COMMITTEE

Senator HOLLAND from the Committee on Judiciary submitted a favorable report on:

S. 1167 -- Senator Fair: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS, CONFIDENTIALITY, AND RELEASE OF INFORMATION PERTAINING TO JUVENILES, SO AS TO PROVIDE THAT CERTAIN INFORMATION REGARDING JUVENILE OFFENDERS MUST BE PROVIDED TO ALL VICTIMS OF CRIMES RATHER THAN ONLY TO VICTIMS OF VIOLENT CRIMES.

Ordered for consideration tomorrow.

Printed Page 2162 . . . . . Wednesday, May 1, 1996
Senator McCONNELL from the Committee on Judiciary submitted a favorable report on:

S. 1380 -- Senators McConnell and Washington: A BILL TO AMEND SECTION 23-11-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO PROVIDE THAT FINGERPRINTS MUST BE MADE AVAILABLE TO THE STATE LAW ENFORCEMENT DIVISION FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE, RATHER THAN SIXTY DAYS BEFORE THE CLOSE OF QUALIFICATION FOR ELECTION TO THE OFFICE; TO PROVIDE THAT CANDIDATES MUST FILE A SWORN AFFIDAVIT FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE RATHER THAN WITHIN SIXTY DAYS BEFORE HE QUALIFIES; AND TO PROVIDE THAT THIS ACT APPLIES WITH RESPECT TO CANDIDATES FILING FOR ELECTION BEGINNING JANUARY 1, 1996.

Ordered for consideration tomorrow.

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

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.

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

H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND

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THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Senator MARTIN from the Committee on Judiciary submitted a favorable report on:

H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1399 -- Senators Ford, Passailaigue and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MIRANDA HOLMES FOR HER SELFLESS DEDICATION TO FAMILY, COMMUNITY, AND CHURCH AND TO CELEBRATE THE LOVE SHE SO FREELY GIVES TO OTHERS.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1402 -- Senator Giese: A CONCURRENT RESOLUTION TO RECOGNIZE ARTHUR M. BJONTEGARD, JR., FOR A LIFE OF SELFLESS DEVOTION TO HELPING OTHERS, ESPECIALLY THE SENIOR CITIZENS OF SOUTH CAROLINA, AND TO WISH MR. BJONTEGARD EVERY HAPPINESS IN THE YEARS TO COME.

Returned with concurrence.

Received as information.

HOUSE CONCURRENCE

S. 1403 -- Senator Drummond: A CONCURRENT RESOLUTION WELCOMING THE MEMBERS OF THE USS SANTEE TO SOUTH CAROLINA AS THEY CELEBRATE TRIUMPHANT MEMORIES OF WORLD WAR II.

Returned with concurrence.

Received as information.

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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. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.

H. 4896 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO APPRENTICESHIP SELECTION PROCESS: PILOT AND APPRENTICE AGE LIMITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1909, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(By prior motion of Senator LAND, with unanimous consent)

AMENDMENT PROPOSED, CARRIED OVER

H. 4490 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-775 SO AS TO REQUIRE THE SOUTH CAROLINA REINSURANCE FACILITY ANNUALLY TO DEVELOP

Printed Page 2165 . . . . . Wednesday, May 1, 1996
AND FILE PHYSICAL DAMAGE LOSS COMPONENTS FOR AUTOMOBILE INSURANCE COVERAGES; TO AMEND SECTIONS 37-2-202 AND 37-3-202, BOTH AS AMENDED, RELATING TO ADDITIONAL CHARGES A CREDITOR AND CONSUMER LENDER, RESPECTIVELY, MAY CHARGE, SO AS TO REQUIRE THAT WHEN SINGLE INTEREST COLLISION COVERAGE IS WRITTEN IN CONNECTION WITH THE PURCHASE OF A MOTOR VEHICLE, NOTICE MUST BE GIVEN THAT THE COVERAGE IS FOR THE BENEFIT OF THE CREDITOR AND OF OTHER OPTIONS AVAILABLE TO THE BUYER; TO AMEND SECTION 38-77-10, AS AMENDED, RELATING TO THE PURPOSES OF THE AUTOMOBILE INSURANCE CHAPTER, SO AS TO CLARIFY THAT THE PURPOSES APPLY TO THE BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY AUTOMOBILE INSURANCE; TO AMEND SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS UNDER AUTOMOBILE INSURANCE, SO AS TO ADD THE DEFINITION OF "FACILITY PHYSICAL DAMAGE RATE"; TO AMEND SECTION 38-77-110, AS AMENDED, RELATING TO THE REQUIREMENT TO WRITE AUTOMOBILE INSURANCE, SO AS TO CLARIFY THAT THIS REQUIREMENT APPLIES TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY COVERAGES; TO AMEND SECTION 38-77-280, AS AMENDED, RELATING TO COLLISION AND COMPREHENSIVE COVERAGES, SO AS TO DELETE CERTAIN COVERAGE REQUIREMENTS, TO ALLOW RATHER THAN REQUIRE INSURERS TO MAKE AVAILABLE COLLISION COVERAGE AND COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE, TO AUTHORIZE CEDING PHYSICAL DAMAGE INSURANCE COVERAGE TO THE FACILITY, TO PROHIBIT DISCRIMINATION ON CERTAIN GROUNDS IN DETERMINING RATES OR WHETHER TO WRITE OR RENEW COVERAGE, AND TO PROVIDE PENALTIES AND TO AMEND SECTION 38-77-920, AS AMENDED, RELATING TO DUTIES AND RIGHTS OF INSURERS AND AGENTS, SO AS TO CLARIFY THAT AUTOMOBILE INSURANCE REFERS TO BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY.

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

Printed Page 2166 . . . . . Wednesday, May 1, 1996
Senator SALEEBY proposed the following Amendment (4490EES.MLP#1):

Amend the bill, as and if amended, page 9, line 33, by striking / October 1, 1996 / and inserting in lieu thereof:

/January 1, 1997/.

Amend title to conform.

On motion of Senator COURTNEY, the Bill was carried over.

CARRIED OVER

S. 1168 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO PROVIDE SIXTEEN HOURS OF MANDATORY CONTINUING EDUCATION FOR REAL ESTATE LICENSEES.

On motion of Senator ELLIOTT, the Bill was carried over.

H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES; AND TO PROVIDE THAT THE ATTORNEY GENERAL IS AUTHORIZED TO REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.

On motion of Senator GIESE, the Bill was carried over.

Printed Page 2167 . . . . . Wednesday, May 1, 1996
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO A CONSIDERATION OF H. 4600, THE GENERAL APPROPRIATION BILL.

AMENDED, DEBATE INTERRUPTED

H. 4600 -- GENERAL APPROPRIATION BILL

The Senate proceeded to a consideration of the Bill. The question being the adoption of Amendment No. 66 (Doc. 4600R003.DLT), proposed by Senator THOMAS, and printed in the Journal of Tuesday, April 30, 1996.

On motion of Senator THOMAS, Amendment No. 66 was carried over.

PRESIDENT PRESIDES

At 11:12 A.M., the PRESIDENT assumed the Chair.

Amendment No. 75

Senator LAND proposed the following Amendment No. 75 (BBM\10835DW.96), which was ruled out of order:

Amend the bill, as and if amended, Part II, by adding a new section to read:

/SECTION __

TO AUTHORIZE PERSONS WHO ARE LICENSED IN COSMETOLOGY TO PRACTICE THIS PROFESSION IN EVERY PLACE OR ESTABLISHMENT WHERE THE PRACTICE OF BARBERING IS ALLOWED, AND TO PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS.

A. Notwithstanding any other provision of law, persons licensed to engage in cosmetology, as defined in Section 40-13-10(1) of the 1976 Code of Laws, must be allowed to practice and engage in cosmetology in every place or establishment where the practice of the barbering is authorized to be carried out pursuant to Chapter 7 of Title 40.

B. This section takes effect July 1, 1996./

Renumber sections to conform.

Amend sections, totals and title to conform.

Senator LAND explained the amendment.

Printed Page 2168 . . . . . Wednesday, May 1, 1996
Point of Order

Senator McCONNELL raised a Point of Order that the amendment was out of order inasmuch as it was not germane to the Bill.

The PRESIDENT sustained the Point of Order.

The amendment was ruled out of order.

Amendment No. 80A

Senator PEELER proposed the following Amendment No. 80A (4600R224.HSP), which was adopted:

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

/SECTION

TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.

A. The General Assembly finds that:

(1) for the past two years a temporary budget proviso allowed students in the teacher preparation program who met certain requirements to undertake a fourth attempt to pass the Education Entrance Examination;

(2) when the General Assembly chose to end the authorization for the fourth opportunity to sit for the examination by deleting this budget proviso in the 1995-96 general appropriations act, some students, acting in good faith, were caught in the process of qualifying for the fourth attempt on the exam; and

(3) the General Assembly by this section is desirous of correcting this inequity.

B. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed in the manner allowed by this section. The person must complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and must petition the State Superintendent of Education or the chairperson of the State Board of Education for authorization to retake that portion of the test failed. The State Superintendent of Education or the chairperson of the State Board of Education is authorized to grant the petition. The applicant must then pay

Printed Page 2169 . . . . . Wednesday, May 1, 1996
a cost, not to exceed sixty dollars to be determined by the authorizing authority, for the administration of the fourth examination./.

Amend sections, totals and title to conform.

Senator PEELER explained the amendment.

Senator DRUMMOND moved that the amendment be adopted.

The amendment was adopted.

Amendment No. 77

Senator LAND proposed the following Amendment No. 77 (JIC\5915AC.96), which was adopted:

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

/SECTION

TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO SET THE VALUE ELIGIBLE FOR THE EXEMPTION FOR MACHINERY AND EQUIPMENT IN GREIGE MILLS AND TO DEFINE THE TERM "GREIGE MILL".

A. The General Assembly finds that the treatment of property in greige mills for purposes of implementing the exemption for pollution control equipment has been established by policy of the former South Carolina Tax Commission and its successor the South Carolina Department of Revenue and Taxation. Further, the General Assembly finds that in 1994, the General Assembly intended to codify the policy, however, the 1994 legislation, Act No. 497, Section 100, was inaccurate in its description of the policy. It is the intent of the General Assembly to enact this legislation to correct the description of the policy and to clearly set forth in the 1976 Code the policy of the South Carolina Department of Revenue and Taxation relating to the pollution control exemption for greige mills as it existed prior to the enactment of the 1994 legislation which inaccurately described the policy.

B. Section 12-37-220(A)(8) of the 1976 Code, as last amended by Section 100A, Part II, Act 497 of 1994, is further amended to read:

"(8) all facilities or equipment of industrial plants which are designed for the elimination, mitigation, prevention, treatment, abatement, or control of water, air, or noise pollution, both internal and external, required by the state or federal government and used in the conduct of their business. At the request of the Department of Revenue and Taxation the Department of Health and Environmental Control shall investigate the

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