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

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| Printed Page 7060, May 17 | Printed Page 7080, May 18 |

Printed Page 7070 . . . . . Wednesday, May 18, 1994

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 17, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has sustained the veto by the Governor on R428, S. 1021 by a vote of 0 to 46.
(R428) S. 1021 -- Senator Washington: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE FOR THE RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON AND TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL AND DETENTION SERVICES FOR JUVENILES, SO AS TO FURTHER PROVIDE FOR THE COST OF PROVIDING CERTAIN MEDICAL SERVICES TO JUVENILES IN DEPARTMENT OF JUVENILE JUSTICE FACILITIES.
Very respectfully,
President

Received as information.

REGULATION RECEIVED

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

Document No. 1740
Promulgated By Department of Insurance
Private Review Agents
Received By Speaker May 18, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date April 24, 1995

Special Presentation

Reps. WILLIAMS, WOFFORD, LAW and H. BROWN recognized the boys basketball team of Macedonia High School of Berkeley County, the


Printed Page 7071 . . . . . Wednesday, May 18, 1994

coaches and school officials, winners of the 1994 State Championship in Class AA.

Special Presentation

Reps. ANDERSON, J. BROWN and members of the Greenville Delegation recognized the Reverend Joseph D. Mathis of Greenville County for his exemplary lifetime of service to others as a teacher, coach and minister.

H. 4821--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

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

H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.

Rep. BOAN proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\JIC\6104HTC.94), which was adopted.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. In accordance with the provisions of Article III, Section 36(B)(2) and (3), Constitution of South Carolina, 1895, and Section 11-11-320(C) and (D) of the 1976 Code, there is appropriated from the monies available in the Capital Reserve Fund for fiscal year 1993-94 the following amounts:

(1) Federal Retiree Settlement. . . . .$30,000,000

(2) 1994 General Election Expenses. . . . .1,200,000

(3) Catawba Indian Settlement. . . . .3,000,000

(4) Public Education

Textbooks. . . . .11,000,000

School bus parts and fuel. . . . . 1,658,116

(5) DSS-Welfare Reform

(a) Welfare Reform Pilot

Program. . . . .2,500,000

(b) Child Support Cooperative

Initiative. . . . .700,000

(6) Department of Juvenile Justice

(a) Housing Conditions. . . . .100,000


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(b) Music Therapy Residential

Program. . . . .18,500

(c) Renovations, Furnishing for

Living Units. . . . .500,000

(d) Emergency Repairs. . . . .100,000

(e) Grant Matching Funds. . . . .250,000

(f) School Buses, Vans, Cars. . . . .350,000

(g) Computers. . . . .210,000

(h) School House Safety Act. . . . .292,000

(7) Department of Probation, Parole

& Pardon Services

(a) Computers/Equipment for

Field Offices. . . . .737,600

(8) Department of Corrections

(a) Turbeville Correctional

Institution. . . . .275,000

(b) Dutchman/Coastal Additions. . . . .125,000

(c) Appalachian Shock Unit. . . . .55,000

(d) Lee County Transition. . . . .2,229,098

(e) Trenton Annualization. . . . .250,000

(f) Institutional Maintenance. . . . .3,000,000

(g) Ridgeland Water & Sewer. . . . .100,000

(9) Forestry Commission

Fire Control Equipment. . . . .4,600,000

(10) State House Renovation. . . . .500,000

(11) Election Commission

Automated Voting Systems Match. . . . .700,000

(12) John De La Howe School

Sewer Repairs. . . . .425,000

(13) Budget & Control Board

Accounting System Analysis. . . . .200,000

(14) Clemson PSA

T. Ed. Garrison Livestock Arena. . . . .1,749,686
. . . . .

Total Capital Reserve Fund

Appropriation. . . . .$66,825,000

SECTION 2. Appropriations in Section 1 of this joint resolution are subject to the following requirements:


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(1) Item 5(A) Welfare Reform Pilot Program

(a) These funds must be used to implement, upon federal approval, the Self-Sufficiency Pilot Program as recommended by the January 14, 1994, Final Report of the Welfare Reform Task Force.

(b) The Department of Social Services shall submit quarterly progress reports to the appropriate subcommittees of the Ways and Means Committee and Senate Finance Committee on the implementation of the pilot. These reports will be used to monitor and evaluate the effectiveness of the pilot and to assess and recommend statewide program changes, if any, to further self-sufficiency efforts.

(2) Of the 11,000,000 for Public Education Textbooks in item number 4, 1,000,000 shall be used for library media resources within the public school system.

(3) The first priority use of funds designated for automated voting systems shall be to aid counties presently using paper ballots in purchasing automated count voting systems. The State may reimburse up to 70% of the cost of such systems. These counties are Abbeville, Calhoun, Dillon, Lee, McCormick, Richland, Marlboro, and Williamsburg. The second priority use of these funds will be to repay up to 70% of cost incurred by counties that have previously purchased an automated count voting system to replace paper ballots. These counties include Charleston, Chesterfield, Clarendon, Horry, Lancaster, Laurens, Saluda and Union.

SECTION 3. This joint resolution takes effect thirty days after the completion of the 1993-94 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./

Renumber sections to conform.

Amend totals and title to conform.

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

H. 4822--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

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

H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.


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Rep. BOAN proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\JIC\6105HTC.94), which was adopted.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. To the extent that fiscal year 1993-94 surplus revenues are available, the following sums are appropriated from the general fund of the State:

(1) General Reserve Fund Transfer. . . . .$ 9,930,206

(2) State Health Plan. . . . .10,156,250

(3) State Employee Pay Plan. . . . .20,649,170

(4) Public Education

(a) School Bus Parts and Fuel. . . . .841,884

(b) Fringe Equity. . . . .8,500,000

(5) Higher Education. . . . .

(a) Formula. . . . .17,300,000

(b) SC Alliance for Minority

Participation. . . . .600,000

(6) Department of Probation,

Parole & Pardon Services Community

Control System Expansion. . . . .1,658,116

(7) Clemson PSA

T Ed Garrison Livestock Arena. . . . .150,314

(8) Archives & History

(a) Mold Treatment. . . . .300,000

(b) Equipment. . . . .49,000

(9) State Library

Computer Upgrade . . . . .50,000

(10) Arts Commission

(a) Project Grants. . . . .35,000

(b) Rural Community Project Grants. . . . .30,000

(11) Department of Natural Resources

Equipment, Research & Development. . . . .250,000

(12) Department of Agriculture

Laboratory Equipment. . . . .25,000

(13) Dept of Parks, Recreation & Tourism

Special Project. . . . .25,000

(14) Department of Corrections

Ridgeland Water and Sewer. . . . .10,000

(15) Ridgeland Correctional Institution. . . . .1,174,686


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(16) Dutchman/Coastal Additions. . . . . 575,000
. . . . .

Total Appropriations. . . . .$72,309,626

SECTION 2. The appropriations contained in this joint resolution are ranked in order of priority and each appropriation, beginning with item (1) must be fully funded from the available surplus revenues before the next appropriation is funded.

SECTION 3. Subject to the provisions of Section 2 of this joint resolution, fiscal year 1993-94 surplus revenues remaining after the appropriations in Section 1 of this joint resolution are appropriated as follows:

(1) Experimental Program to

Stimulate Competitive Research. . . . .$2,000,000

(2) Beach Renourishment Project. . . . .5,250,000

(3) Higher Education Tuition Grants

Scholarship Non-state. . . . .1,000,000

(4) School House Safety Act. . . . .1,208,000

(5) DSS Child Support

Automated Systems. . . . .2,500,000

(6) Higher Education Formula. . . . .20,000,000

(7) Vocational Rehabilitation. . . . .950,000

Archives & History Historic

Cemetary Restoration &

Maintenance. . . . .100,000

SECTION 4. This joint resolution takes effect upon approval by the Governor, but no appropriation may be paid pursuant to this resolution until after the Comptroller General closes the books on fiscal year 1993-94./

Renumber sections to conform.

Amend totals and title to conform.

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

REPORTS OF STANDING COMMITTEES

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 732 -- Senator Holland: A BILL TO AMEND SECTION 23-45-30(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF SPRINKLER CONTRACTOR'S


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LICENSE, SO AS TO REQUIRE THAT THE CERTIFICATE HOLDER BE A FULL-TIME EMPLOYEE IN A RESPONSIBLE MANAGEMENT POSITION; TO AMEND SECTION 23-45-140, RELATING TO FEES FOR SPRINKLER PLAN AND SPECIFICATION REVIEW, SO AS TO UPDATE CODES AND STANDARDS TO THE LATEST EDITIONS, TO ADD CODES AND STANDARDS, AND TO DELETE LANGUAGE AUTHORIZING THE STATE FIRE MARSHAL TO CHARGE A FEE FOR SPRINKLER PLAN AND SPECIFICATION REVIEW; AND TO AMEND THE CODE BY ADDING SECTIONS 23-45-145 AND 23-45-147, SO AS TO INCLUDE IN THE "FIRE PROTECTION SPRINKLER SYSTEMS ACT" PROVISIONS OF LAW FOR A FIRE SPRINKLER SYSTEM SPECIFICATION SHEET AND PROVISIONS REGULATING SHOP DRAWINGS IN CONNECTION WITH A FIRE PROTECTION SPRINKLER SYSTEM.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 927 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Short, Washington, Rose, Leventis, Wilson, Rankin and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE, AND TO PROVIDE FOR THE REQUIREMENTS OF THE COURSE.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 1328 -- Senators Short, Jackson and Gregory: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS.

Ordered for consideration tomorrow.


Printed Page 7077 . . . . . Wednesday, May 18, 1994

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

H. 4010 -- Rep. Shissias: A BILL TO AMEND SECTION 20-7-1315, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR THE ENFORCEMENT OF CHILD SUPPORT, SO AS TO REVISE THE DEFINITION OF "ORDER FOR SUPPORT"; TO REVISE THE THRESHOLD FOR INITIATING INCOME WITHHOLDING; AND TO REVISE OTHER PROCEDURAL AND NOTICE REQUIREMENTS FOR INCOME WITHHOLDING, INCLUDING THE REQUIREMENT THAT EMPLOYERS AND PARENTS PAYING CHILD SUPPORT MUST NOTIFY THE CLERK OF COURT IF HEALTH INSURANCE IS AVAILABLE FOR CHILDREN ON WHOSE BEHALF THE CHILD SUPPORT IS PAID.

Ordered for consideration tomorrow.

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

H. 4983 -- Rep. Harrison: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.

Ordered for consideration tomorrow.

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

S. 398 -- Senator Hayes: A BILL TO AMEND SECTIONS 27-40-710, AS AMENDED, AND 27-40-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF PROCESS TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO PROVIDE THAT A LANDLORD'S OBLIGATION TO PROVIDE SERVICE UNDER THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE IS SATISFIED AFTER THE LANDLORD HAS GIVEN NOTICE ONE TIME, AND PROVIDE THE MANNER IN WHICH THIS NOTICE MUST BE GIVEN.

Ordered for consideration tomorrow.


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

S. 492 -- Senators Wilson, Thomas and Ryberg: A BILL TO AMEND SECTION 17-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A CORONER TO CARRY A PISTOL OR OTHER HANDGUN WHILE ENGAGED IN HIS OFFICIAL DUTIES, SO AS TO EXTEND THE AUTHORITY TO DEPUTY CORONERS.

Ordered for consideration tomorrow.

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

S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.

Ordered for consideration tomorrow.

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

S. 953 -- Senator Courtney: A BILL TO AMEND SECTION 24-21-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRESENTENCE INVESTIGATIONS OF CRIMINAL SUSPECTS, SO AS TO PROVIDE THAT THE DEFENDANT MAY WAIVE THE PRESENTENCE INVESTIGATION IF PLEADING GUILTY OR NOLO CONTENDERE; AND TO AMEND SECTION 24-21-530, RELATING TO PRESENTENCE INVESTIGATIONS SO AS TO ALLOW WAIVER PURSUANT TO SECTION 24-21-530.

Ordered for consideration tomorrow.

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

S. 959 -- Senators Short and Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 17, TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLERKS OF COURT, BY ADDING SECTION 14-17-375 SO AS TO REQUIRE THE CLERKS OF COURT TO PROVIDE REPORTS TO CONSUMER REPORTING AGENCIES


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OF PERSONS DELINQUENT IN CHILD SUPPORT PAYMENTS IN EXCESS OF ONE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

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

S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.

Ordered for consideration tomorrow.

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

S. 1040 -- Senator Bryan: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY.

Ordered for consideration tomorrow.

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

S. 1046 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAND FOR GEORGETOWN JETTIES AND SPECIFIC GRANTS OR CESSIONS OF LAND JURISDICTION TO THE UNITED STATES, SO AS TO PROVIDE FOR THE FILING OF CERTAIN PLATS WITH THE


Printed Page 7080 . . . . . Wednesday, May 18, 1994

REGISTER OF MESNE CONVEYANCES FOR GEORGETOWN COUNTY, RATHER THAN IN THE OFFICE OF THE SECRETARY OF STATE.

Ordered for consideration tomorrow.


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