South Carolina General Assembly
111th Session, 1995-1996
Journal of the Senate

THURSDAY, APRIL 11, 1996

Thursday, April 11, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator WALDREP.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received:

Document No. 1905
Promulgated by Commission on Higher Education
Determination of Rates of Tuition and Fees
Received by Lt. Governor January 10, 1996
Referred to Senate Committee on Education
120 day review expiration date May 10, 1996
Withdrawn and resubmitted April 11, 1996

REGULATION RECEIVED

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

Document No. 2033
Promulgated by Department of Health and Human Services
Definitions and Appeal Procedure
Received by Lt. Governor April 4, 1996
Referred to Senate Committee on Medical Affairs
120 day review expiration date August 2, 1996

Message from the House

Columbia, S.C., April 11, 1996

Mr. President and Senators:

The House respectfully informs your Honorable Body that it has confirmed the following:

LOCAL APPOINTMENT

Reappointment, Berkeley County Master-in-Equity, with term to commence November 7, 1996, and to expire November 7, 2002:

Honorable Daniel F. Pieper, Post Office Box 877, Goose Creek, S.C. 29445-0877

Very respectfully,
Speaker of the House

Received as information.

INTRODUCTION OF BILLS AND RESOLUTIONS

The following were introduced:

S. 1354 -- Senators Thomas and Wilson: A SENATE RESOLUTION CONGRATULATING GENESIS MOTORSPORTS-PREPARED TEAM SOUTH CAROLINA ON ITS SUCCESS IN THE INTERNATIONAL MOTOR SPORTS ASSOCIATION ENDURANCE CHAMPIONSHIP COMPETITION AND WISHING IT SUCCESS IN ALL FUTURE COMPETITIONS.

The Senate Resolution was adopted.

S. 1355 -- Senators Alexander, Courtney, Russell, McConnell, Elliott, Boan and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-270 SO AS TO PROHIBIT A PHYSICAL THERAPIST OR A PHYSICAL THERAPIST ASSISTANT FROM BEING PAID A BENEFIT FROM A THIRD PARTY PAYER; AND TO AMEND SECTION 40-45-20, SECTION 40-45-200, AS AMENDED, AND SECTION 40-45-220, ALL RELATING TO THE PRACTICE OF PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS REQUIRING SUCH PRACTICE ONLY UPON THE PRESCRIPTION OF A DOCTOR OF MEDICINE OR DENTISTRY AND TO INCLUDE AS A GROUND FOR REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A PERSON WHO HAS PRACTICED PHYSICAL THERAPY BEYOND THE SCOPE OF PRACTICE.

Read the first time and referred to the Committee on Medical Affairs.

S. 1356 -- Senator Giese: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE UPON CERTAIN STATE OFFICERS, PERSONS, AND AGENCIES.

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

H. 4904 -- Reps. Cromer, Harrison, Quinn, Cotty, Shissias, Rogers, Howard, Scott, Neal, Byrd and J. Brown: A CONCURRENT RESOLUTION COMMENDING AND THANKING THOMAS S. LINTON OF COLUMBIA FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS MEMBER AND CHAIRMAN OF THE RICHLAND COUNTY RECREATION COMMISSION.

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

H. 4907 -- Reps. Byrd, Cobb-Hunter, Kennedy, Lloyd, Inabinett, H. Brown, Cromer, Townsend, Scott, Rogers, Neal, Howard, J. Brown, Harrison, Shissias, Quinn, Cotty, Chamblee, Moody-Lawrence, Williams, Harvin, Stille, Askins, McAbee and Wofford: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EDWIN ROBERTS RUSSELL OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.

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

H. 4811 -- Reps. Canty, Anderson, Cromer, S. Whipper, Breeland, Cobb-Hunter, Neal, Rogers, Cave, McMahand, L. Whipper, Lloyd, Inabinett, J. Hines, Byrd, Scott and Williams: A JOINT RESOLUTION TO CREATE THE COMMITTEE FOR IMPROVED RACE RELATIONS, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, AND SPECIFICALLY TO REQUIRE THE COMMITTEE TO SUBMIT TO THE GENERAL ASSEMBLY BY MAY 13, 1996, RECOMMENDATIONS TO ALLEVIATE RACIAL PROBLEMS AND TENSIONS IN SOUTH CAROLINA AT WHICH TIME THE COMMITTEE IS DISSOLVED.

Read the first time and referred to the General Committee.

REPORTS OF STANDING COMMITTEES

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

S. 660 -- Senators Cork and McConnell: A BILL TO AMEND ARTICLE 1, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS SO AS TO ENACT THE "DRIVER'S PRIVACY PROTECTION ACT" INCLUDING PROVISIONS RESTRICTING THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; AND TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

Ordered for consideration tomorrow.

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

S. 1051 -- Senators Bryan and Giese: A BILL TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-345 SO AS TO PROVIDE THAT A PARENT MAY BE SUBJECT TO CRIMINAL PENALTY OR IMPRISONMENT FOR IMPROPER SUPERVISION OF A MINOR CHARGED WITH A CRIMINAL ACT WHEN SUCH NEGLECT IS A PROXIMATE CAUSE OF THE FURTHER DELINQUENCY OF THE MINOR; AND TO AMEND SECTION 20-7-400 SO AS TO PROVIDE THE FAMILY COURT WITH EXCLUSIVE JURISDICTION OVER THE PARENTS IN MATTERS ARISING OUT OF SECTION 20-7-345.

Ordered for consideration tomorrow.

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

H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270, 20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.

Ordered for consideration tomorrow.

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

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.

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

Time Fixed

By prior motion of Senator DRUMMOND on Wednesday, April 10, 1996, the Senate agreed that when the Senate adjourns today in statewide session, it stand adjourned to reconvene on Friday, April 12, 1996, at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up; and that when the Senate stands adjourned on Friday, that it stand adjourned to reconvene next Tuesday, April 16, 1996, at 12:00 Noon.

ADJOURNMENT

At 12:30 P.M., on motion of Senator MESCHER, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.

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