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 7390, May 26 | Printed Page 7410, May 26 |

Printed Page 7400 . . . . . Thursday, May 26, 1994

Rep. M.O. ALEXANDER explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

S. 797--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that S. 797 be read the third time tomorrow.

H. 4049--TABLED

The following Bill was taken up.

H. 4049 -- Rep. G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-59-85 SO AS TO REQUIRE REAL ESTATE INSPECTION COMPANIES TO BE REGISTERED WITH THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION AND TO PROVIDE TO THE COMMISSION CERTAIN BONDING AND LIABILITY INSURANCE CERTIFICATION.

Rep. G. BAILEY moved to table the Bill, which was agreed to.

S. 849--OBJECTION AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 849 -- Senators Greg Smith, Rankin and Washington: A BILL TO AMEND SECTION 56-3-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM VEHICLE REGISTRATION REQUIREMENTS, SO AS TO PROVIDE THAT VEHICLES OWNED BY NONRESIDENTS MAY BE OPERATED FOR A MAXIMUM OF ONE HUNDRED EIGHTY-THREE DAYS WITHIN THIS STATE BEFORE THE NONRESIDENT OWNER MUST REGISTER SUCH VEHICLE.

Rep. PHILLIPS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7941BDW.94), which was ruled out of order.

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

/SECTION ___. Section 56-5-4070 of the 1976 Code, as last amended by Section 1430, Act 181 of 1993, is further amended to read:

"Section 56-5-4070. (1)(A) Two or three unit vehicle combinations may be operated on the National System of Interstate and Defense


Printed Page 7401 . . . . . Thursday, May 26, 1994

Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Public Safety Transportation in accordance with Section 56-5-4075. The department may require warning devices which may be necessary to protect public safety. When in use on the National System of Interstate and Defense Highways and `other qualifying highways':

(a)(1) a No trailer or semitrailer may be operated in a two unit truck tractor-trailer or truck tractor-semitrailer combination in excess of a length of forty-eight feet but no longer than fifty-three feet, inclusive of the load carried on it. A fifty-three foot long trailer must be equipped with a rear underride guard, and the distance between the kingpin of the vehicle and the center of the rear axle assembly or to the center of the tandem axle assembly if equipped with two axles must may be no greater than forty-one feet;.

(b)(2) A trailer or semitrailer, operating in a three unit combination, may not exceed a length of twenty-eight and one-half feet, inclusive of the load carried on it;.

(c)(3) Auto and boat transporters may not have an overall length in excess of seventy-five feet, exclusive of front and rear overhang;. However, front overhang must may not exceed three feet, and rear overhang must may not exceed four feet;.

(d)(4) Saddle mounts and full mounts may not have an overall length in excess of seventy-five feet.

(2)(B) No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Public Safety Transportation in accordance with Section 56-5-4075, may exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers and load carried on it, and a motor vehicle, other than a motor home, in excess of thirty-five feet may have not less than three axles, except buses with two axles approved by the Department of Public Safety.

(3)(C) A combination of vehicles coupled together or especially constructed to transport motor vehicles in a truckaway or driveaway service may tow up to three saddle mounts. No other combination of vehicles coupled together may consist of more than two units, except as permitted by subsection (1) of this section (A).

(4)(D) Except as permitted by subsection (1) of this section (A), trailers or semitrailers used within combinations may not exceed a length of


Printed Page 7402 . . . . . Thursday, May 26, 1994

forty-eight fifty-three feet, and auto transporters are excluded from trailer length limitations. A fifty-three foot long trailer must be equipped with a rear underride guard, and the distance between the kingpin of the vehicle and the center of the rear axle assembly or to the center of the tandem axle assembly if equipped with two axles may be no greater than forty-one feet. Auto transporters may be allowed an upper level overhang not to exceed three feet on the front and four feet on the rear.

(5)(E) Except where specifically prohibited in this article, there is no overall length limit on combination vehicles.

(6)(F) Appropriate safety and energy conservation devices and compressors and fuel saving equipment on the front or loading devices on the rear of trailers or semitrailers may must not be considered when determining their length for purposes of this section if the overall length limitations of combinations of vehicles is not exceeded."/

Renumber sections to conform.

Amend title to conform.

Rep. PHILLIPS explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 2 was out of order as it was not germane in that the Bill dealt with nonresidents keeping a car in the State for a certain amount of time and the amendment dealt with federal aid to highways.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. SIMRILL objected to the Bill.

Rep. KELLEY explained the Bill.

The Bill was read the second time and ordered to third reading.

OBJECTION TO MOTION

Rep. KELLEY asked unanimous consent that S. 849 be read a third time tomorrow.

Rep. G. BROWN objected.


Printed Page 7403 . . . . . Thursday, May 26, 1994

H. 5188--RECONSIDERED, AMENDED AND SENT
TO THE SENATE

Rep. CORNING moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

H. 5188 -- Rep. Quinn: A BILL TO PROVIDE THAT OF THE SEVEN MEMBERS OF THE TRUSTEES OF SCHOOL DISTRICT NUMBER 5 IN LEXINGTON AND RICHLAND COUNTIES, FOUR MUST RESIDE IN LEXINGTON COUNTY AND THREE MUST RESIDE IN RICHLAND COUNTY, TO PROVIDE THAT ALL MUST BE ELECTED FROM ELECTION SEATS WHICH ARE NUMBERED ONE THROUGH SEVEN, DECLARE THE MOST RECENTLY FILLED SEAT FOR AN UNEXPIRED TERM BY THE LEXINGTON COUNTY BOARD OF EDUCATION VACANT AND REQUIRE THAT IT MUST BE FILLED BY A QUALIFIED ELECTOR OF RICHLAND COUNTY AT AN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION.

Rep. QUINN, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1342DW.94), which was adopted.

Amend the bill, as and if amended, Page 1, Line 34, by inserting after /1984./ /However, the two seats of those members of the Trustees of School District Number 5, whose terms expire in 1994, and the seat of the trustee most recently filled for an unexpired term by the Lexington County Board of Education, which expires in 1996, must be elected from the district at-large./

Amend title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time and ordered sent to the Senate.

S. 1269--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1269 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-175 SO AS TO ESTABLISH AN INSTRUCTOR'S LICENSE FOR


Printed Page 7404 . . . . . Thursday, May 26, 1994

DENTISTS LICENSED IN ANOTHER STATE WHO TEACH DENTAL MEDICINE IN SOUTH CAROLINA FULL-TIME; AND BY ADDING SECTION 40-15-177 SO AS TO ESTABLISH RESTRICTED VOLUNTEER DENTIST AND DENTAL HYGIENIST LICENSES FOR PROVIDING THESE SERVICES ON A VOLUNTEER BASIS TO PERSONS WITHOUT DENTAL INSURANCE OR ACCESS TO OTHER FINANCIAL ASSISTANCE FOR DENTAL CARE.

Rep. HOUCK proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16196AC.94).

Amend the bill, as and if amended, by deleting Section 40-15-177(C) and inserting:

/(C) A dentist with a restricted volunteer license under this section only may practice dentistry and perform dental procedures if a dentist with an unrestricted license is on the premises, if available. However, if a dentist with an unrestricted license is not available, the dentist with a restricted volunteer license must review with a local licensed dentist in good standing every fifty dental patients seen./

Amend title to conform.

Rep. RICHARDSON explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. RICHARDSON having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. LITTLEJOHN moved that the House recur to the Morning Hour, which was agreed to.

SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR


Printed Page 7405 . . . . . Thursday, May 26, 1994

BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.

The Senate amendments were agreed to, and the Joint Resolution 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.

S. 1269--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. RICHARDSON having the floor.

S. 1269 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-175 SO AS TO ESTABLISH AN INSTRUCTOR'S LICENSE FOR DENTISTS LICENSED IN ANOTHER STATE WHO TEACH DENTAL MEDICINE IN SOUTH CAROLINA FULL-TIME; AND BY ADDING SECTION 40-15-177 SO AS TO ESTABLISH RESTRICTED VOLUNTEER DENTIST AND DENTAL HYGIENIST LICENSES FOR PROVIDING THESE SERVICES ON A VOLUNTEER BASIS TO PERSONS WITHOUT DENTAL INSURANCE OR ACCESS TO OTHER FINANCIAL ASSISTANCE FOR DENTAL CARE.

AMENDMENT NO. 1

Debate was resumed on Amendment No. 1 by Rep. HOUCK.

Rep. RICHARDSON moved to adjourn debate upon the Bill until Tuesday, May 31, which was adopted.

Rep. J. BAILEY moved that the House do now adjourn.

Rep. LITTLEJOHN demanded the yeas and nays, which were taken resulting as follows:

Yeas 6; Nays 78

Those who voted in the affirmative are:

Bailey, J.       Elliott          Kennedy
Martin           McElveen         Williams

Total--6

Printed Page 7406 . . . . . Thursday, May 26, 1994

Those who voted in the negative are:
Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Baker            Baxley           Beatty
Brown, G.        Brown, H.        Canty
Carnell          Cato             Chamblee
Cooper           Corning          Cromer
Davenport        Delleney         Fair
Farr             Felder           Fulmer
Gamble           Gonzales         Harrell
Harrelson        Harris, J.       Harrison
Haskins          Holt             Hutson
Jennings         Keegan           Keyserling
Kinon            Kirsh            Klauber
Lanford          Law              Littlejohn
McCraw           McLeod           McMahand
Meacham          Moody-Lawrence   Neal
Neilson          Quinn            Richardson
Riser            Robinson         Rogers
Rudnick          Scott            Sharpe
Sheheen          Shissias         Simrill
Smith, R.        Spearman         Stille
Stoddard         Stone            Stuart
Thomas           Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Wilder, D.       Wilkes
Wilkins          Wofford          Worley

Total--78

So, the House refused to adjourn.

S. 891--DEBATE ADJOURNED

Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.

S. 891 -- Senators Short, Greg Smith, Washington and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 43-5-24, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT


Printed Page 7407 . . . . . Thursday, May 26, 1994

OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.

S. 624--DEBATE ADJOURNED

The following Bill was taken up.

S. 624 -- Senator Giese: A BILL TO AMEND SECTION 59-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF PHYSICAL EDUCATION COURSES BY THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT THE PHYSICAL EDUCATION COURSE REQUIRED IN THE SECONDARY SCHOOLS MUST BE GIVEN OVER TWO SEMESTERS WITH THE FIRST SEMESTER BEING A PERSONAL FITNESS AND WELLNESS COMPONENT AND THE SECOND SEMESTER BEING A LIFETIME FITNESS COMPONENT.

Rep. LITTLEJOHN moved to adjourn debate upon the Bill.

Rep. STILLE moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate until Tuesday, May 31, which was agreed to.

H. 5210--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 5210 -- Reps. Lanford, Walker, Littlejohn, Davenport, Vaughn, D. Wilder and Beatty: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE SEVEN BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF THAT COUNTY, AND TO ABOLISH THE COUNTY BOARD; TO ESTABLISH THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, PROVIDE FOR ITS COMPOSITION AND CHAIRMAN, AND PROVIDE FOR ITS POWERS, FUNCTIONS, AND DUTIES; TO PROVIDE THAT EACH OF THE SEVEN BOARDS OF TRUSTEES OF SPARTANBURG COUNTY SHALL HAVE TOTAL FISCAL AUTONOMY AND THAT FUNDING DERIVED FROM MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED ANNUALLY TO EACH OF THE SEVEN SCHOOL DISTRICTS OF THE COUNTY BY THE COUNTY TREASURER'S OFFICE IN ACCORDANCE WITH THE FORMULA GUIDELINES AS DIRECTED


Printed Page 7408 . . . . . Thursday, May 26, 1994

BY THE OVERSIGHT COMMITTEE; AND TO REQUIRE THAT ALL ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY BE SOLD AND THE PROCEEDS FROM THE SALE DISTRIBUTED EQUALLY BASED ON AVERAGE DAILY ATTENDANCE IN EACH OF THE SEVEN SCHOOL DISTRICTS IN THE COUNTY.

Rep. WALKER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9260JM.94), which was adopted.

Amend the bill, as and if amended, pages 1 and 2, by striking SECTION 1 and inserting:

/SECTION 1. All powers and duties of the County Board of Education of Spartanburg County are devolved upon the seven boards of trustees of the local school districts of Spartanburg County, and the County Board of Education of Spartanburg County is abolished.

There is established an oversight committee, known as the Spartanburg County Education Oversight Committee, comprised of the chairperson of the board of trustees of each of the seven school districts of Spartanburg County, ex officio. The chairman of the oversight committee shall serve on a one-year rotational basis in accordance with rules as determined by the oversight committee. The superintendents of the seven school districts of the county also shall serve on the oversight committee, ex officio; provided, however, that the superintendent members of the oversight committee shall have no voting authority or power as members of the committee.

The primary function of the Spartanburg County Education Oversight Committee is to ensure that minimum foundation money is distributed on a fair and equitable basis, based on the prevailing funding formula utilized during the 1993-94 school year as stated in the rules of the County Board of Education of Spartanburg County.

The oversight committee shall ensure a common teacher salary schedule throughout the seven school districts of the county and shall establish procedures to ensure that the integrity and uniqueness of the seven school districts shall be maintained.

Each of the seven boards of trustees of Spartanburg County shall have total fiscal autonomy. Funding derived from the minimum foundation monies must be distributed annually to each of the seven school districts by the Spartanburg County Treasurer's Office in accordance with the payment procedures as directed by the oversight committee.


Printed Page 7409 . . . . . Thursday, May 26, 1994

All assets of the County Board of Education of Spartanburg County must be sold and the proceeds from the sale must be distributed equally based on average daily membership in each of the seven school districts in Spartanburg County./

Amend title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

H. 5210--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 5210 be read the third time tomorrow.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

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 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.

Rep. G. BAILEY explained the Bill.

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


Printed Page 7410 . . . . . Thursday, May 26, 1994

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.


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