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 7830, June 1 | Printed Page 7850, June 1 |

Printed Page 7840 . . . . . Wednesday, June 1, 1994

Those who voted in the negative are:

Alexander, T.C.  Cato             Cooper
Davenport        Fair             Fulmer
Haskins          Lanford          Littlejohn
Meacham          Robinson         Simrill
Smith, D.        Vaughn           Walker
Wilder, J.       Wofford          Young, A.
Young, R.

Total--19

So, having failed to received the necessary two-thirds vote, Free Conference Powers were rejected.

H. 4822--FREE CONFERENCE POWERS GRANTED

Rep. BOAN moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

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

The yeas and nays were taken resulting as follows:

Yeas 95; Nays 18

Those who voted in the affirmative are:

Alexander, M.O.  Anderson         Askins
Bailey, G.       Bailey, J.       Baker
Barber           Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Byrd             Canty
Carnell          Chamblee         Clyborne
Cobb-Hunter      Corning          Cromer
Delleney         Farr             Felder
Fulmer           Gamble           Gonzales

Printed Page 7841 . . . . . Wednesday, June 1, 1994

Govan            Hallman          Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harwell          Hines
Holt             Houck            Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Koon             Marchbanks
Martin           Mattos           McAbee
McCraw           McElveen         McKay
McLeod           Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Richardson       Riser
Rogers           Rudnick          Scott
Sharpe           Sheheen          Smith, R.
Snow             Spearman         Stille
Stoddard         Stone            Stuart
Sturkie          Thomas           Trotter
Tucker           Waites           Waldrop
Wells            Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Witherspoon      Wofford
Worley           Wright

Total--95

Those who voted in the negative are:

Alexander, T.C.  Allison          Cato
Cooper           Davenport        Fair
Graham           Haskins          Lanford
Littlejohn       Meacham          Robinson
Simrill          Smith, D.        Vaughn
Walker           Young, A.        Young, R.

Total--18

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN,


Printed Page 7842 . . . . . Wednesday, June 1, 1994

COBB-HUNTER and HALLMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CARNELL a leave of absence for the remainder of the day.

RECURRENCE TO THE MORNING HOUR

Rep. G. BAILEY moved that the House recur to the Morning Hour, which was agreed to by a division vote of 85 to 8.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it recedes from its amendments to S. 927, and requests that proper notation be recorded on the Bill. 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. Very respectfully, President

S. 927--ORDERED ENROLLED FOR RATIFICATION

A message having been received from the Senate that it had receded from its amendments, it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1040:


Printed Page 7843 . . . . . Wednesday, June 1, 1994

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. Very respectfully, President

Received as information.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators DRUMMOND, J. VERNE SMITH and LEVENTIS of the Committee of Free Conference on the part of the Senate on H. 4911 and granted Free Conference powers. 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. Very respectfully, President

Received as information.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4911:


Printed Page 7844 . . . . . Wednesday, June 1, 1994

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. Very respectfully, President

Received as information.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification: 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. Very respectfully, President

Received as information.


Printed Page 7845 . . . . . Wednesday, June 1, 1994

S. 1040--CONFERENCE REPORT ADOPTED
CONFERENCE REPORT
The General Assembly, Columbia, South Carolina, June 1, 1994

The COMMITTEE OF CONFERENCE, to whom was referred: 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. Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting word and inserting:

/SECTION 1. Section 2-15-10 of the 1976 Code, as last amended by Act 329 of 1990, is further amended to read:

"Section 2-15-10. There is created the Legislative Audit Council consisting of three five members, one of whom must be a practicing certified public accountant or a licensed public accountant and one of whom must be an attorney. The council must be elected by the General Assembly in a joint session from the nominees presented by the nominating committee. The council also includes as ex officio members the following: the Chairmen of the Senate and House Judiciary Committees or a designee by either chairman from the membership of the respective committees; and the Chairmen of the Senate Finance Committee and the House Ways and Means Committee or a designee by either chairman from the membership of the respective committees; the Speaker of the House of Representatives and the Lieutenant Governor of South Carolina or their designees from the membership of the General Assembly. The ex officio members, including their designees, are voting members on all matters except those pertaining to auditing functions and personnel matters. The council is directly responsible to the General Assembly and is independent of any other state agency, board, or department."

SECTION 2. Section 2-15-20 of the 1976 Code is amended to read:

"Section 2-15-20. The nominating committee shall must be composed of seven six members, two three of whom shall must be appointed by the Governor, President of the South Carolina Senate and two elected three of whom must be appointed by the South Carolina Senate, two elected by the Speaker of the South Carolina House of Representatives and one appointed


Printed Page 7846 . . . . . Wednesday, June 1, 1994

by the South Carolina Board of Accountancy. The nominating committee shall present at least one nominee and not more than three nominees for each vacancy. When a vacancy occurs, the director shall immediately notify those charged with appointing the nominating committee. If the General Assembly is in session at the time notice is given, a nominating committee must be appointed within fifteen days of the notification and the election must be held within forty-five days of the notification and no later than sine die adjournment of the General Assembly. If the General Assembly is not in session and a vacancy exists in the non ex officio members of the council, the Speaker and President of the Senate, acting jointly, shall fill the vacancy until an election can be held."

SECTION 3. Section 1-27-10 of the 1976 Code is amended to read:

"Section 1-27-10. There is created the South Carolina Advisory Commission on Intergovernmental Relations (commission) as part of the Office of the Executive Director, State Budget and Control Board."

SECTION 4. Section 1-27-60 of the 1976 Code is amended to read:

"Section 1-27-60. The commission shall receive funding as may be provided by the General Assembly and the commission may expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities. The Commission shall recommend an annual budget and appropriation request to the Budget and Control Board."

SECTION 5. This act takes effect upon approval by the Governor./

Amend the title to read: A BILL TO AMEND SECTION 2-15-10 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, 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, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS


Printed Page 7847 . . . . . Wednesday, June 1, 1994

TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.

/s/James E. Bryan /s/Herbert Kirsh /s/Ernie Passailaigue James H. Hodges /s/Robert W. Hayes, Jr. /s/Roland S. Corning

On Part of the Senate.On Part of the House.

Rep. KIRSH explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification: 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


Printed Page 7848 . . . . . Wednesday, June 1, 1994

BY THE COMMISSION SHALL REQUIRE THE APPLICANT TO LIST ANY OUTSTANDING JUDGMENTS AGAINST HIM. Very respectfully, President

Received as information.

H. 4323--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE
Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4323: H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison, Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS. Very respectfully, President

On motion of Rep. HODGES, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. WILKINS, HODGES and MARTIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators SALEEBY, GREG SMITH and COURTNEY of the Committee of Free Conference on the part of the Senate on S. 861 and granted Free Conference powers. S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO


Printed Page 7849 . . . . . Wednesday, June 1, 1994

INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA. Very respectfully, President

Received as information.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., June 1, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 861: S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA. Very respectfully, President

Received as information.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

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.

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 7830, June 1 | Printed Page 7850, June 1 |

Page Finder Index