1994 Permanent House Journal Printed Pages 7980-7990 - 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

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Printed Page 7970, June 2 | Printed Page 7990, June 2

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Whereas, disability in no way diminishes the right of individuals to live independently, enjoy self-determination, make choices, pursue meaningful careers, and enjoy full inclusion in the economic, political, social, cultural, and educational mainstream of American society; and

Whereas, we encourage and support the Disability Coalition of South Carolina and its guiding principles:
People with disabilities share the dignity and worth innate to every human being.
People with disabilities, like all other people, have unique abilities, preferences, needs, desires, goals, and dreams.
People with disabilities have the right to full access and to inclusion in all aspects of the community.
People with disabilities have a right to freedom from abuse, harm, neglect, prejudice, and stigma.
People with disabilities have the right to grow up as part of a family and to act and be responsible on their own behalf, to direct their own future, to represent their own interests, to take responsibility for their own actions and decisions, and to take risks based on their own goals and values.
People with disabilities have the right to accurate and timely information, presented in a manner they can use, in order to have options and make informed choices.
People with disabilities and their families have the right and responsibility to actively participate in the formulation of policies that affect their lives.
People with disabilities and their families have the right to accessible services and supports, customized to their needs, responsive to changing circumstances and provided in their community; and

Whereas, there are more than 300,000 South Carolinians and some 48.9 million Americans who have one or more physical or mental disabilities, and this number is increasing as the population as a whole is growing older; and

Whereas, people with disabilities have the same civil rights as all American citizens. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly, by this resolution, hereby commend the establishment of the Disability Coalition of South Carolina and recognize and encourage its role to advocate for individuals with

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disabilities and their families to assure equality of opportunity, full participation, independent living, and economic self-sufficiency and to further ensure that the State of South Carolina play an ongoing role in enforcing the spirit and standards of the Americans with Disabilities Act in the critical areas of transportation, communication, public accommodations, education, employment, housing, recreation, health services, voting, and access to public services on behalf of individuals with disabilities.

Be it further resolved that a copy of this resolution be forwarded to Sean Smith, Disability Action Center, 3126 Beltline Boulevard, Columbia, South Carolina 29204.

The Concurrent Resolution was adopted and ordered returned to the Senate.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 2, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R505, H. 4056 by a vote of 46 to 0.
(R505) H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: AN ACT TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIMS' OMBUDSMAN OF THE OFFICE OF THE GOVERNOR AND PROVIDE FOR THE OMBUDSMAN'S POWERS AND DUTIES, TO TRANSFER THE SUM OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS AND THREE FULL-TIME EQUIVALENT POSITIONS FROM THE DIVISION OF VICTIMS' ASSISTANCE TO THE CRIME VICTIMS' OMBUDSMAN'S OFFICE AND PROVIDE FOR THESE TRANSFERS IN THE CURRENT AND SUCCEEDING FISCAL YEARS, AND TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES AND TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING ITS TERMINATION JULY 1, 1997, UNLESS

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EXTENDED BY THE GENERAL ASSEMBLY BY JOINT RESOLUTION.
Very respectfully,
President

Received as information.

H. 4794--FREE CONFERENCE POWERS GRANTED

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

H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF

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CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.

The yeas and nays were taken resulting as follows:

Yeas 97; Nays 1

Those who voted in the affirmative are:

Alexander, M.O.  Anderson         Askins
Baker            Barber           Baxley
Breeland         Brown, G.        Brown, H.
Brown, J.        Byrd             Canty
Carnell          Cato             Cobb-Hunter
Corning          Cromer           Delleney
Fair             Farr             Felder
Fulmer           Gamble           Gonzales
Govan            Graham           Hallman
Harrell          Harrelson        Harris, J.
Harris, P.       Harvin           Harwell
Haskins          Hines            Holt
Houck            Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Koon             Law
Mattos           McAbee           McCraw
McElveen         McKay            McLeod
McMahand         McTeer           Moody-Lawrence
Neal             Phillips         Quinn
Rhoad            Richardson       Riser
Robinson         Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stoddard         Stone            Stuart
Thomas           Townsend         Trotter
Tucker           Vaughn           Waites
Whipper          White            Wilder, D.
Wilder, J.       Wilkes           Wilkins

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Williams         Wofford          Worley
Young, R.

Total--97

Those who voted in the negative are:

Cooper

Total--1

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. JENNINGS, MARTIN and HODGES to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 4794--FREE CONFERENCE REPORT ADOPTED FREE CONFERENCE REPORT The General Assembly, Columbia, South Carolina, June 2, 1994

The COMMITTEE OF FREE CONFERENCE, to whom was referred: H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED

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FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS. 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 words and inserting therein the following:

/SECTION 1. Section 1-23-600(E) of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"(E) Notwithstanding the other provisions of this section, from July 1, 1993, until February 28, 1994, cases initiated before May 1, 1994, to which an administrative law judge would be assigned shall be heard and decided by a special hearing officer appointed by the governing authority of the appropriate department. A special hearing officer shall have the same duties and authority as an administrative law judge under the provisions of this article. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of this article."

SECTION 2. Section 1-23-650 of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"Section 1-23-650. Rules governing the internal administration and operations of the Administration Administrative Law Judge Division shall be:

(1) proposed by the chief judge of the division and adopted by a majority of the judges of the division; or

(2) proposed by any judge of the division and adopted by seventy-five percent of the judges of the division. Each administrative law judge may appoint, hire, contract, and supervise the support staff he is individually allotted pursuant to Section 1-23-580(B)

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shall be promulgated by the division. Rules governing procedures before the division, not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code, shall be promulgated by the division and subject to review by the General Assembly as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution. Rules governing practice and procedure before the division which are: (1) consistent with the rules of procedure governing civil actions in courts of common pleas; and
(2) not otherwise expressed in Chapter 23 of Title 1 of the 1976 Code;

shall upon approval by a majority of the judges of the division be promulgated by the division, and shall be subject to review as are rules of procedure promulgated by the Supreme Court under Article V of the Constitution; provided, however, the division shall adopt the South Carolina Rules of Civil Procedure as its temporary rules of procedure to remain in effect until permanent rules are promulgated pursuant to this section during the 1995 session of the General Assembly."

SECTION 3. Section 61-1-10(B) of the 1976 Code, as last amended by Section 1582 of Act 181 of 1993, is further amended to read:

"(B) From July 1, 1993 until February 28, 1994, Notwithstanding the other provisions of law, in cases involving applications protested or administrative violations written before May 1, 1994, the commissioners of the Department of Revenue and Taxation, in consultation with the South Carolina Attorney General, shall appoint attorneys who are qualified to act as alcoholic beverage control hearing officers, by reason of training, education, experience, or knowledge of the law. In order to be considered qualified to act as a hearing officer, a person:

(1) must be licensed to practice law in this State;

(2) must have been licensed to practice law for at least three years;

(3) must have knowledge of and experience with the South Carolina Administrative Procedures Act;

(4) must have knowledge of and experience with the laws and regulations governing alcoholic beverages, beer, and wine;

(5) must have trial experience;

(6) must meet other qualifications the department and the Attorney General determines reasonably necessary for the proper administration of the laws and regulations governing alcoholic beverages, beer, and wine."

SECTION 4. Section 61-1-55 of the 1976 Code, as added by Section 1582 of Act 181 of 1993, is amended to read:

"Section 61-1-55. For all matters arising under Section 61-1-20 on or after March 1, 1994, the powers, duties and responsibilities of the hearing officer enumerated in Sections 61-1-10, 61-1-20, 61-1-25, 61-1-30,

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61-1-40, and 61-1-50 shall be assumed by the Administrative Law Judge Division under the provisions of Chapter 23 of Title 1 of the 1976 Code. Notwithstanding any other provisions of law, cases initiated under Section 61-1-20 before May 1, 1994, to which an administrative law judge would be assigned shall be heard by a hearing officer with the powers, duties, and responsibilities as enumerated in Sections 61-1-10, 61-1-20, 61-1-25, 61-1-30, 61-1-40, and 61-1-50. Cases initiated on or after May 1, 1994, shall be heard and decided by an administrative law judge pursuant to the provisions of Chapter 23 of Title 1. Effective March May 1, 1994, the provisions of Section Sections 61-1-10(A)(4), 61-1-10(B), (C), and (D), 61-1-20, 61-1-25, 61-1-30, 61-1-40 and 61-1-50 are repealed."

SECTION 5. Section 1-23-600(B) of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"(B) An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those arising under the Occupational Safety and Health Act. , those matters which are otherwise provided for in Title 56, or those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law specifically assigned to the jurisdiction of the Administration Law Judge Division."

SECTION 6. Section 1-23-640 of the 1976 Code, as added by Section 19 of Act 181 of 1993, is amended to read:

"Section 1-23-640. The division shall maintain its principal offices in the City of Columbia. However, judges of the division shall hear contested cases at the offices or location of the involved department or commission as prescribed by the agency or commission, at the division's offices, or at suitable locations outside the City of Columbia as determined by the chief judge."

SECTION 7. Section 8-11-260(d) of the 1976 Code is amended to read:

"(d) all judges within the unified court system, all officers and employees of the judicial department, and all employees of the Commission on Prosecution Coordination, and all judges, officers, and employees of the Administrative Law Judge Division;"

SECTION 8. Section 8-17-370(4) of the 1976 Code is amended to read:

"(4) Supreme Court justices, circuit court judges, referees, receivers, magistrates, jurors, or masters-in-equity, and all employees of the

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Commission on Prosecution Coordination, and the judges, officers, and employees of the Administrative Law Judge Division;"

SECTION 9. Section 1-23-500 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 1-23-500. (A) There is created the South Carolina Administrative Law Judge Division, which is an agency of the executive branch of the government of this State. Effective March 1, 1994, the division shall initially consist of three administrative law judges and shall consist of a total of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the State state employees retirement system.

(B) The Judicial Council is hereby directed to study the feasibility and constitutionality of making the South Carolina Administrative Law Judge Division a part of the unified judicial system established under Article V of the South Carolina Constitution and shall present a report of its study to the General Assembly and the Chief Justice of the Supreme Court by January 15, 1995."

SECTION 10. This act takes effect upon approval by the Governor./

Amend title to conform.

/s/Thomas L. Moore /s/James H. Hodges /s/H. Samuel Stilwell /s/Douglas Jennings, Jr. /s/McKinley Washington, Jr./s/L. Morgan Martin

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

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

RECURRENCE TO THE MORNING HOUR

Rep. McTEER 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. 4954 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-437 SO AS TO MAKE IT UNLAWFUL KNOWINGLY TO MAKE ANY FALSE STATEMENT WITH RESPECT TO INCOME FOR THE

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PURPOSES OF OBTAINING HOUSING FROM A PUBLIC HOUSING AUTHORITY.

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.

SENATE AMENDMENTS CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 5084 -- Reps. Wilkins and McTeer: A BILL TO AMEND SECTION 3-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, JURISDICTION OVER LANDS ACQUIRED BY THE UNITED STATES, AND SERVICE OF PROCESS, SO AS TO PROVIDE FOR CONCURRENT JURISDICTION IN AND OVER LAND ACQUIRED BY THE UNITED STATES, AS AN ALTERNATIVE TO THE ALREADY-EXISTING EXCLUSIVE JURISDICTION.

RULE 6.1 WAIVED

Rep. G. BROWN moved to waive Rule 6.1, which was agreed to.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., June 2, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4473: H. 4473 -- Reps. Snow, Law and Riser: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE WORK RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO EXPAND THE LIST OF OFFENSES TO WHICH THIS PROHIBITION APPLIES, AND TO PROVIDE THAT THE SOLICITOR AND SPECIFIC LAW ENFORCEMENT OFFICIALS OF A COMMUNITY SHALL RECEIVE NOTICE OF THE WORK

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RELEASE INTO THE COMMUNITY OF OFFENDERS WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN ANY DEGREE. and has ordered the Bill Enrolled for Ratification.

Very respectfully, President

Received as information.

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