1994 Permanent House Journal Printed Pages 4800-4809 - South Carolina Legislature Online

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 4790, Apr. 20 | Printed Page 4810, Apr. 21

|

Printed Page 4800 . . . . . Thursday, April 21, 1994

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4742 -- Reps. McLeod, Sturkie, M.O. Alexander, Allison, Barber, G. Brown, H. Brown, Byrd, Cato, Chamblee, Cromer, Davenport, Delleney, Elliott, Farr, Fulmer, Gamble, Hallman, Harrelson, J. Harris, Harrison, Harvin, Haskins, Holt, Hutson, Jaskwhich, Kirsh, Koon, Lanford, Law, Littlejohn, Mattos, McElveen, McKay, Meacham, Moody-Lawrence, Neilson, Rhoad, Richardson, Riser, Rudnick, Simrill, D. Smith, R. Smith, Snow, Stille, Stone, Stuart, Vaughn, Waldrop, Witherspoon, Wofford, Wright and A. Young: A BILL TO AMEND SECTION 20-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE CHILDREN'S CODE, SO AS TO EXPAND THE DEFINITION OF CHILD; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF CHILD FOR FAMILY COURT JURISDICTION, SO

Printed Page 4801 . . . . . Thursday, April 21, 1994

AS TO EXPAND THE DEFINITION; TO AMEND SECTION 20-7-400, AS AMENDED, RELATING TO EXCLUSIVE ORIGINAL JURISDICTION OF THE FAMILY COURT, SO AS TO REDEFINE THE AGE LIMITATIONS FOR PERSONS WHO VIOLATE LOCAL LAWS OR MUNICIPAL ORDINANCES; TO AMEND SECTION 20-7-410, AS AMENDED, RELATING TO FAMILY COURT JURISDICTION OVER JUVENILES FOR VIOLATION OF TRAFFIC AND FISH AND GAME LAWS, SO AS TO DECREASE THE AGE LIMIT FOR JURISDICTION; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO JURISDICTION OF CIRCUIT COURTS OVER JUVENILES, SO AS TO DECREASE THE AGE TO FOURTEEN TO TREAT A JUVENILE AS AN ADULT FOR VIOLENT CRIMES AND WEAPON CHARGES AND TO DECREASE THE AGE TO SIXTEEN FOR OTHER CRIMINAL OFFENSES; TO AMEND SECTION 20-7-460, RELATING TO POWER TO ISSUE WRIT OF HABEAS CORPUS, SO AS TO DELETE THE AGE REQUIREMENT AND PROVIDE THE POWER TO PRODUCE A PERSON OVER WHOM THE JUDGE HAS JURISDICTION; TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF A CHILD TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO DELETE THE MAXIMUM AGE REQUIREMENT; AND TO AMEND SECTION 20-7-2195, AS AMENDED, RELATING TO TRANSFER OF CHILDREN TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO REDUCE THE AGE TO SIXTEEN OF CHILDREN WHO MAY BE TRANSFERRED.

Ordered for consideration tomorrow.

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

H. 4625 -- Reps. Tucker, G. Bailey, Haskins, Harwell, J. Wilder, Davenport, Carnell, Hodges, D. Smith, Harrison, R. Young, Harvin, Gonzales and Graham: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE ELIGIBILITY FOR ADDITIONAL BENEFITS BECAUSE OF LENGTH OF SERVICE FOR SOLICITORS TO THE YEARS OF SERVICE REQUIRED FOR A SOLICITOR TO BE ELIGIBLE TO RETIRE.

Ordered for consideration tomorrow.

Printed Page 4802 . . . . . Thursday, April 21, 1994

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

H. 5033 -- Rep. Phillips: A BILL TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS, LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT FULL-TIME EMPLOYEE OF A STATE AGENCY OR DEPARTMENT SHALL BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS, AND TO PROVIDE THAT THE ABOVE PROVISIONS ONLY APPLY IF THERE IS NOT A BREAK IN SERVICE.

Ordered for consideration tomorrow.

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

H. 5039 -- Reps. Snow, Harvin and Kennedy: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO THREE HUNDRED THIRTY-SIX THOUSAND FIVE HUNDRED DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT, AS AMENDED, FOR THE PURPOSE OF ERECTING A BUILDING FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION IN WILLIAMSBURG COUNTY.

Ordered for consideration tomorrow.

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

H. 5079 -- Rep. Boan: A BILL TO AMEND SECTIONS 8-11-700, 8-11-720, AS AMENDED, 8-11-730, AS AMENDED, 8-11-740, AND 8-11-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE EMPLOYEE LEAVE-TRANSFER PROGRAM, SO AS FURTHER TO DEFINE WHAT CONSTITUTES A PERSONAL EMERGENCY FOR WHICH TRANSFERRED LEAVE MAY BE USED,

Printed Page 4803 . . . . . Thursday, April 21, 1994

AND TO MAKE OTHER TECHNICAL CHANGES FOR THE OPERATION OF THE PROGRAM.

Ordered for consideration tomorrow.

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

H. 5106 -- Reps. Sheheen and Marchbanks: A BILL TO AMEND SECTION 20-7-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT AND PURPOSE OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA AND SECTION 20-7-5030, RELATING TO THE BOARD OF TRUSTEES OF THE TRUST FUND, SO AS TO PROVIDE THAT THE PURPOSE OF THE FUND AND THE POWERS AND DUTIES OF THE BOARD ARE FOR THE PREVENTION OF CHILD ABUSE AND NEGLECT RATHER THAN FOR A BROAD ARRAY OF PREVENTION AND TREATMENT PROGRAMS FOR CHILDREN.

Ordered for consideration tomorrow.

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

H. 5121 -- Reps. Mattos, Hallman, Marchbanks, Trotter and M.O. Alexander: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO TRANSFER CERTAIN MONIES FROM THE "SUPERB FINANCIAL RESPONSIBILITY FUND" TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL "SUPERB ACCOUNT" FOR THE PURPOSE OF MEETING THE DEPARTMENT'S OBLIGATIONS UNDER THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT.

Ordered for consideration tomorrow.

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

S. 674 -- Senator Land: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE

Printed Page 4804 . . . . . Thursday, April 21, 1994

SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.

Ordered for consideration tomorrow.

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

S. 712 -- Senator Hayes: A BILL TO AMEND SECTION 43-45-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY ECONOMIC OPPORTUNITY ACT OF 1983, ADMINISTERING AGENCY, AND DUTIES AND FUNCTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO THE DUTY OF PRESCRIBING THE PERSONNEL PROCEDURES AND FINANCIAL SYSTEMS UNDER WHICH EACH COMMUNITY-BASED ORGANIZATION RECEIVING FUNDS UNDER CHAPTER 45 OF TITLE 43 MUST OPERATE AND RELATING TO THE DUTY OF REVIEWING AND APPROVING ALL BYLAWS FOR ORGANIZATIONS RECEIVING FUNDS UNDER THAT CHAPTER.

Ordered for consideration tomorrow.

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

S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN-ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE

Printed Page 4805 . . . . . Thursday, April 21, 1994

FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO IMPOSE A CHANGE OF USE PENALTY IN AN AMOUNT EQUAL TO TWENTY-FIVE DOLLARS ON PROPERTY CHANGED FROM AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

Ordered for consideration tomorrow.

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

S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.

Ordered for consideration tomorrow.

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

S. 1182 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-85 SO AS TO REQUIRE THE INDENTURE FOR A TAX-EXEMPT BOND TO INCLUDE A COVENANT TO FILE AN ANNUAL INDEPENDENT AUDIT WITH A CENTRAL REPOSITORY AND SIMILARLY TO FILE WITH A CENTRAL REPOSITORY EVENT SPECIFIC

Printed Page 4806 . . . . . Thursday, April 21, 1994

INFORMATION ADVERSELY AFFECTING MORE THAN FIVE PERCENT OF REVENUE.

Ordered for consideration tomorrow.

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

S. 1212 -- Senators Setzler and Giese: A BILL TO AMEND SECTION 8-17-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO REVISE THE DEFINITION OF A "PROBATIONARY EMPLOYEE", AS IT RELATES TO FACULTY AT STATE TECHNICAL COLLEGES, AND TO CLARIFY THIS DEFINITION'S EFFECTIVE DATE.

Ordered for consideration tomorrow.

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

S. 155 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROVIDE FOR THE REPORTING OF PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES.

Ordered for consideration tomorrow.

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

S. 178 -- Senator Drummond: A BILL TO AMEND SECTIONS 4-29-140, 44-7-1590, 48-3-140, AND 58-19-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE BY WHICH THE BUDGET AND CONTROL BOARD APPROVES THE ISSUANCE OF REVENUE BONDS FOR VARIOUS PURPOSES, SO AS TO CHANGE THE PROCEDURE FOR THE ISSUANCE OF THESE BONDS.

Ordered for consideration tomorrow.

Printed Page 4807 . . . . . Thursday, April 21, 1994

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

H. 5031 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED AFTER JUNE 30, 1994, OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, AND TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHICH THE DENIAL APPLIES.

Ordered for consideration tomorrow.

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

S. 1251 -- Senators Giese and Wilson: A BILL TO AMEND SECTION 12-45-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME FOR PAYING PROPERTY TAXES AND THE MANNER OF COLLECTION OF THESE TAXES, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO ALLOW THE PAYMENT OF PROPERTY TAXES ON AN INSTALLMENT BASIS IN HARDSHIP CASES, TO DEFINE HARDSHIP CASES, AND TO PROVIDE THAT THE COUNTY TREASURER SHALL DETERMINE ELIGIBILITY ON A CASE-BY-CASE BASIS.

Ordered for consideration tomorrow.

R. 372; H. 4690--GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

April 20, 1994
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4690, R-372, an Act:
(R372) H. 4690 -- Reps. Gamble, Stuart, Wright and Riser: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO

Printed Page 4808 . . . . . Thursday, April 21, 1994

THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DECREASE FROM FIVE TO FOUR THE TERMS OF A MEMBER OF THE COMMISSION, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS, PROVIDE THAT A MEMBER SERVING ON JULY 1, 1994, MAY SERVE UNTIL THE EXPIRATION OF THE TERM FOR WHICH HE WAS ELECTED AND MAY SERVE TWO ADDITIONAL TERMS, AND 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.
This veto is based upon an opinion of the Attorney General's Office dated April 20, 1994. The opinion states:
"The act bearing ratification number 372 of 1994 makes specified changes in the number of terms a member may serve, on the Lexington County Recreation Commission, the number of consecutive terms a member may serve, removal of members, and the like. The 1994 act amends, in part, Act No. 1201 of 1968, in which it is clear that the area encompassed by the Lexington County Recreation Commission is located wholly within Lexington County. Thus, H. 4690, R-372 of 1994 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that `[n]o laws for a specific county shall be enacted.' Acts similar to H. 4690, R-372 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
Therefore, for the above reasons, I am returning H. 4690, R-372 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Printed Page 4809 . . . . . Thursday, April 21, 1994

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Yeas 5; Nays 0

Those who voted in the affirmative are:

Gamble           Koon             Riser
Stuart           Wright

Total--5

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 5148 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 5149 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, PROVISIONS FOR GRANTING HIGH SCHOOL CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

|

Printed Page 4790, Apr. 20 | Printed Page 4810, Apr. 21

|

Page Finder Index