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 8010, June 2 | Printed Page 8030, June 2 |

Printed Page 8020 . . . . . Thursday, June 2, 1994

Those who voted in the negative are:

Alexander, T.C.  Allison          Baker
Cato             Chamblee         Cooper
Corning          Davenport        Fair
Fulmer           Gamble           Gonzales
Graham           Harrison         Haskins
Huff             Hutson           Keegan
Kelley           Kirsh            Klauber
Koon             Littlejohn       Marchbanks
Meacham          Quinn            Riser
Robinson         Sharpe           Shissias
Simrill          Smith, D.        Smith, R.
Stone            Stuart           Sturkie
Townsend         Trotter          Vaughn
Walker           Wells            Wilkins
Wofford          Wright           Young, A.
Young, R.

Total--46

Printed Page 8021 . . . . . Thursday, June 2, 1994

PAIRED

Kinon (Present) Aye

Clyborne (Absent) Nay

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

H. 5237--SENATE AMENDMENTS CONCURRED IN

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

H. 5237 -- Reps. Sheheen, Wilkins, T.C. Alexander, Boan, Carnell, Hodges, Mattos, McTeer, Neilson, Phillips, Rhoad, Waldrop and Williams: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 1994, AT 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, AND 10, 1994, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS, AND TO AUTHORIZE THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE TO MEET FOR THE RATIFICATION OF ACTS ON WEDNESDAY, JUNE 8, 1994, TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 10, 1994, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 11:00 A.M. ON MONDAY, JUNE 13, 1994, TO CONTINUE IN SESSION AS NECESSARY UNTIL FRIDAY, JUNE 17, 1994, NOT LATER THAN 5:00 P.M., FOR CERTAIN PURPOSES; AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON OR BEFORE FRIDAY, JUNE 17, 1994, NOT LATER THAN 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 11:00 A.M. ON FRIDAY, JUNE 24, 1994, FOR THE EXCLUSIVE PURPOSE OF CONSIDERING GUBERNATORIAL VETOES AND SHALL CONTINUE IN SESSION THEREAFTER AS NECESSARY FOR THIS PURPOSE TO ADJOURN SINE DIE NO LATER THAN 5:00 P.M. ON TUESDAY, JUNE 28, 1994.

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.


Printed Page 8022 . . . . . Thursday, June 2, 1994

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. 3907: H. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS. and has ordered the Bill Enrolled for Ratification.

Very respectfully, President

Received as information.


Printed Page 8023 . . . . . Thursday, June 2, 1994

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. 3385: H. 3385 -- Rep. Cromer: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, METHODS OF NOMINATION, AND QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO DELETE THE PROVISIONS RELATING TO CANDIDATES SEEKING NOMINATION BY PETITION; AND TO AMEND SECTION 7-13-190, AS AMENDED, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES IN OFFICE, SO AS TO PROVIDE FOR A SEPARATE FILING PERIOD FOR CANDIDATES SEEKING NOMINATION BY PETITION IN PARTISAN ELECTIONS, AND CHANGE A CODE REFERENCE. and has ordered the Bill Enrolled for Ratification.

Very respectfully, President

Received as information.

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 withdrawn and concurred in the House amendments proposed by the House to H. 967: S. 967 -- Senators Ryberg and Leventis: A BILL TO AMEND SECTION 12-51-96, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDEMPTION OF MOBILE AND MODULAR HOMES AFTER DELINQUENT TAX SALES, SO AS TO PROVIDE FOR A MAXIMUM AMOUNT THAT MAY BE CHARGED AS


Printed Page 8024 . . . . . Thursday, June 2, 1994

RENT WHEN AN OWNER REDEEMS A MOBILE OR MODULAR HOME. and has ordered the Bill Enrolled for Ratification.

Very respectfully, President

Received as information.

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 appointed Senators Moore, Stilwell and Washington of the Committee of Free Conference on the part of the Senate on H. 4794 and granted Free Conference powers: 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


Printed Page 8025 . . . . . Thursday, June 2, 1994

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. Very respectfully, President

Received as information.

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 adopted the report of the Committee of Free Conference on H. 4794: 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


Printed Page 8026 . . . . . Thursday, June 2, 1994

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. Very respectfully, President

H. 4794--ORDERED ENROLLED FOR RATIFICATION

The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof 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:

S. 886 -- Senators McConnell, Wilson and Reese: A BILL TO AMEND SECTION 62-3-603, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF BOND OF THE PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF AN ESTATE UNDER CERTAIN CONDITIONS, SO AS TO PERMIT A BOND TO BE WAIVED ON ESTATES UNDER ONE HUNDRED THOUSAND DOLLARS UNDER CERTAIN CONDITIONS.

Rep. FELDER explained the Senate amendment.

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 8027 . . . . . Thursday, June 2, 1994

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4004 -- Reps. Rogers, Kirsh, Baxley, Harvin, Keyserling, Waldrop, Snow, Rudnick, Cobb-Hunter, Waites and J. Bailey: A BILL TO AMEND SECTION 56-5-2910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECKLESS HOMICIDE, SO AS TO INCREASE THE TERM OF IMPRISONMENT.

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.

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 appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Free Conference on the part of the Senate on H. 4691 and granted Free Conference powers: H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS. Very respectfully, President

Received as information.

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 adopted the report of the Committee of Free Conference on H. 4691: H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION


Printed Page 8028 . . . . . Thursday, June 2, 1994

12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS. Very respectfully, President

Received as information.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 5037 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES 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.


Printed Page 8029 . . . . . Thursday, June 2, 1994

H. 4841--NON-CONCURRENCE IN SENATE AMENDMENTS

On motion of Rep. FELDER the House non-concurred in the Senate amendments, and a message was ordered sent to the Senate accordingly.

H. 4841 -- Reps. Neal, McMahand, G. Brown, Scott, Beatty, Cooper, Govan, Waites, P. Harris, Breeland, Harrison, Stille, Shissias, Tucker, Wofford, Hallman, McElveen, Carnell, Sharpe, Davenport, Koon, Kennedy, McTeer, Richardson, Harvin, Chamblee, McLeod and Askins: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED VEHICLE, SO AS TO PROVIDE THAT UPON PROOF OF FINANCIAL RESPONSIBILITY, THE PERSON'S DRIVING PRIVILEGES ARE RESTORED.

H. 4872--RECONSIDERED

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

H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.

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 recedes from its amendments to H. 4872, and requests that proper notation be recorded on the Bill. H. 4872 -- Rep. Houck: A BILL TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV. Very respectfully, President


| Printed Page 8010, June 2 | Printed Page 8030, June 2 |

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