Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 4040, Apr. 6 | Printed Page 4060, Apr. 6 |

Printed Page 4050 . . . . . Wednesday, April 6, 1994

H. 4092--OBJECTION WITHDRAWN

Rep. J. BROWN withdrew his objection to the following Bill.

H. 4092 -- Reps. Thomas, Rogers, Trotter, Barber, Law, Fulmer, Waites, Corning, Harrison, Gamble, Stuart, P. Harris, Witherspoon, Riser, Inabinett, Wofford, Marchbanks, Stille, Allison, J. Wilder, Kelley, McTeer, Jennings, Cooper, Martin, Lanford, D. Wilder, Keegan, Delleney, McAbee, Graham, McElveen and Klauber: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PERSON DELINQUENT IN MAKING CHILD SUPPORT PAYMENTS TO PAY THE ARREARAGE AND INTEREST ON THE ARREARAGE AS PROVIDED FOR MONEY DECREES AND JUDGMENTS.

H. 4810--OBJECTION WITHDRAWN

Rep. BYRD withdrew her objection to the following Bill.

H. 4810 -- Reps. Richardson, J. Bailey, Quinn, Law, Kirsh, Wilkins, Harrell, Hodges, Hutson, Robinson, Mattos, Gamble, Shissias, Keyserling, Clyborne, Klauber, Thomas and Cromer: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980.


Printed Page 4051 . . . . . Wednesday, April 6, 1994

S. 1180--RECALLED FROM THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.

S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.

OBJECTION TO RECALL

Rep. RHOAD asked unanimous consent to recall H. 5009 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. STODDARD objected.

H. 4864--RECALLED FROM THE COMMITTEE ON

EDUCATION AND PUBLIC WORKS

On motion of Rep. RICHARDSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.

H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS CONCERNED IN THE MANNER STIPULATED IN THE PETITION, AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.


Printed Page 4052 . . . . . Wednesday, April 6, 1994

H. 4878--RECALLED FROM THE COMMITTEE ON JUDICIARY

On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, AND TO PROVIDE PENALTIES.

OBJECTION TO RECALL

Rep. RICHARDSON asked unanimous consent to recall H. 4045 from the Committee on Ways and Means.

Rep. KIRSH objected.

STATEMENT BY REP. MEACHAM

Rep. MEACHAM, with unanimous consent, made a short statement relative to the Mendenhall-Fewell case and spoke in favor of reform for the Judicial Standards Commission.

H. 4842--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 4053 . . . . . Wednesday, April 6, 1994

H. 4604--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4604 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3358--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3358 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4344--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4344 -- Reps. Harwell, Baxley, J. Brown, Cobb-Hunter, Delleney, Gonzales, Harrelson, Harrison, Harvin, Haskins, Jaskwhich, Jennings, Keyserling, Kirsh, Meacham, Neilson, Phillips, Rhoad, Richardson, Snow, Tucker, Waites, Waldrop, D. Wilder, J. Wilder, Wilkes, Corning,


Printed Page 4054 . . . . . Wednesday, April 6, 1994

Allison, P. Harris, A. Young, Inabinett, Whipper, Rudnick, Stuart and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-17-117 SO AS TO PROVIDE FOR DONATIONS OF REAL AND PERSONAL PROPERTY TO THE HERITAGE TRUST PROGRAM AND FOR RELATED POWERS FOR THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4483--RECOMMITTED

The Senate amendments to the following Bill were taken up for consideration.

H. 4483 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-1198, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON HERRING FISHING AT ST. STEPHEN POWERHOUSE, SO AS TO REVISE AN INCORRECT REFERENCE AND REVISE THE SEASON TO WHICH THE LIMITATIONS APPLY.

Rep. SNOW moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

H. 4690--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4690 -- Reps. Gamble, Stuart, Wright and Riser: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DECREASE FROM FIVE TO FOUR THE TERMS OF A MEMBER OF THE COMMISSION, AND PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS; TO PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR THE NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.


Printed Page 4055 . . . . . Wednesday, April 6, 1994

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4458--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 4458 -- Reps. Boan, Hodges, Clyborne and Kirsh: A BILL TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA REAL ESTATE COMMISSION WITHIN THE LIST OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS INCORPORATED IN AND ADMINISTERED AS PART OF THE DEPARTMENT AND TO CORRECT CERTAIN REFERENCES TO OTHER PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; TO AMEND SECTIONS 40-57-20, AS AMENDED, 40-57-50, 40-57-80, 40-57-90, AS AMENDED, 40-57-100, AS AMENDED, 40-57-110, AS AMENDED, 40-57-115, 40-57-120, 40-57-140, AS AMENDED, 40-57-155, 40-57-160, AS AMENDED, 40-57-170, AS AMENDED, 40-57-180, 40-57-190, 40-57-200, 40-57-210, AND 40-57-220, AS AMENDED, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, AND SECTIONS 40-60-20, AS AMENDED, 40-60-50, AS AMENDED, 40-60-60, AS AMENDED, 40-60-100, AS AMENDED, 40-60-120, AS AMENDED, 40-60-160, AS AMENDED, AND 40-60-170, AS AMENDED, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT, SO AS TO, AMONG OTHER THINGS, ABOLISH THE OFFICE OF REAL ESTATE COMMISSIONER AND DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THAT OFFICE UPON THE REAL ESTATE COMMISSION OR ITS CHAIRMAN OR UPON THE REAL ESTATE APPRAISERS BOARD OR THE BOARD'S CHAIRMAN, DELETE REFERENCES TO THE COMMISSIONER, DELETE CERTAIN OTHER LANGUAGE AND PROVISIONS, PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL APPOINT ANY EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE WORK OF THE COMMISSION, CHANGE THE PROVISIONS OF


Printed Page 4056 . . . . . Wednesday, April 6, 1994

LAW DEALING WITH APPEALS FROM THE DECISION OF THE COMMISSION IN REFUSING, SUSPENDING, OR REVOKING ANY LICENSE OR IN ISSUING REPRIMANDS UNDER CHAPTER 57, TITLE 40, AND DELETE THE REQUIREMENT THAT THE REAL ESTATE COMMISSION SUPPLY STAFF SUPPORT FOR THE REAL ESTATE APPRAISERS BOARD; AND TO AMEND SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CLARIFY REFERENCES TO CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS, INCLUDING REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS.

Rep. T.C. ALEXANDER moved to adjourn debate upon the Senate amendments until Wednesday, April 13, which was adopted.

H. 3742--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 3742 -- Reps. McLeod, Baxley, Simrill, Scott, Rudnick, Holt, J. Brown, Moody- Lawrence, Byrd, Shissias, Davenport, Cooper, Littlejohn, Stille, Cato, Vaughn, D. Wilder and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION TO ASCERTAIN WHETHER OR NOT THE PAST PERFORMANCE RECORD OF ANY APPLICANT FOR LICENSING AS A RESIDENTIAL BUILDER OR FOR REGISTRATION OR CERTIFICATION AS A RESIDENTIAL SPECIALTY CONTRACTOR IS GOOD AND TO ASCERTAIN CERTAIN OTHER INFORMATION ABOUT SUCH APPLICANT, AND PROVIDE THAT THE APPLICATION AND RENEWAL FORMS FOR ALL LICENSES, CERTIFICATIONS, AND REGISTRATIONS ISSUED BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM.

Rep. T.C. ALEXANDER moved to adjourn debate upon the Senate amendments until Thursday, April 7, which was adopted.


Printed Page 4057 . . . . . Wednesday, April 6, 1994

H. 4071--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

H. 4071 -- Rep. Jennings: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.

Rep. Rhoad proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7774BDW.94), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 3, page 2, beginning on line 32.

Renumber sections to conform.

Amend title to conform.

Rep. RHOAD explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. RICHARDSON moved that the House recur to the morning hour, which was agreed to.

H. 4967--REFERRED TO GREENWOOD DELEGATION

The Senate amendments to the following Bill were taken up for consideration.

H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE


Printed Page 4058 . . . . . Wednesday, April 6, 1994

TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.

Rep. CARNELL moved to refer the Bill to the Greenwood Delegation, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 4247 -- Rep. Baxley: A BILL TO AMEND SECTION 56-3-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO PROVIDE FOR PRORATION OF THE FEES.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4376 -- Reps. Kirsh and Rudnick: A BILL TO AMEND SECTION 12-39-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE COUNTY AUDITOR IN LEVYING PROPERTY TAXES, SO AS TO PROVIDE THAT THE MINIMUM ASSESSMENT OF TWENTY DOLLARS ON ALL TAXABLE PROPERTY APPLIES ONLY WITH RESPECT TO PERSONAL PROPERTY WHERE NO HIGHER MINIMUM ASSESSMENT IS IMPOSED.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4755 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF ANNUAL LEAVE ALLOWED STATE EMPLOYEES, SO AS TO DELETE THE PROVISION LIMITING THE MAXIMUM ANNUAL LEAVE ALLOWED IN ONE YEAR TO THIRTY DAYS.

Ordered for consideration tomorrow.


Printed Page 4059 . . . . . Wednesday, April 6, 1994

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 4966 -- Reps. Barber, Worley, Harrelson, Keyserling, Inabinett, G. Bailey, Richardson, Fulmer, Holt, A. Young, J. Bailey, Witherspoon, Breeland, Waites and Kelley: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA COASTAL FUTURES PLANNING ACT OF 1994; TO ESTABLISH THE SOUTH CAROLINA COASTAL FUTURES TASK FORCE AND TO PROVIDE FOR ITS MEMBERSHIP, PURPOSE, POWERS, DUTIES, AND DISSOLUTION.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4971 -- Reps. Hallman, Walker, Simrill, Harrell, Beatty, Moody-Lawrence, Robinson, Trotter, Graham, Stuart, D. Wilder, Phillips, Marchbanks, McTeer, Holt, J. Bailey, Fair, Wells, Davenport, J. Wilder, Gamble and Kirsh: A JOINT RESOLUTION TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1993-94 APPROPRIATIONS FOR THE EDUCATION


Printed Page 4060 . . . . . Wednesday, April 6, 1994

FINANCE ACT TO COVER OPERATING EXPENSES OF SCHOOL BUS SHOPS.

Ordered for consideration tomorrow.


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