Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1350, Mar. 7 | Printed Page 1370, Mar. 8 |

Printed Page 1360 . . . . . Tuesday, March 7, 1995

H. 3749 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING ARTHUR ELLIOTT HOLMAN, JR., OF ANDERSON COUNTY ON BEING CHOSEN "SMALL BUSINESS PERSON OF THE YEAR" BY THE ANDERSON AREA CHAMBER OF COMMERCE.

H. 3754 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE REVEREND DENNY M. HILL OF GREER AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3755 -- Rep. Tucker: A CONCURRENT RESOLUTION SALUTING SWISS-BASED MIKRON INSTRUMENT COMPANY ON ITS INTENDED CONSTRUCTION OF A SEVEN-MILLION-DOLLAR INJECTION-MOLDING PLANT OFF SOUTH CAROLINA HIGHWAY 187 IN ANDERSON COUNTY.

H. 3756 -- Reps. Tucker, P. Harris and Cooper: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES ROBERT "ROB" ROGERS, SR., OF PIEDMONT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 8:15 P.M. the House in accordance with the motion of Rep. MASON adjourned in memory of Fred W. King of Aiken, to meet at 9:30 A.M. tomorrow.

* * *


Printed Page 1361 . . . . . Wednesday, March 8, 1995

Wednesday, March 8, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Father God, to this altar of prayer we come not to ask for the fruits of our desires, but to put ourselves in such a relationship with You that You can do through us that which is right. Save us from giving to the tasks that await us anything less than the best, from allowing our minds from harboring evil thoughts and from words spoken in haste. With eyes wide open, may we see God as our Father and our fellowmen as Your children. In that vision may we dream our dreams, fashion our lives, and enact our laws.

Hear us, Lord, in this our prayer of thanksgiving for Your blessings.
Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. KEEGAN moved that when the House adjourns, it adjourn in memory of Roger Bleaken of Myrtle Beach, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., March 7, 1995
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 S. 494:
S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG


Printed Page 1362 . . . . . Wednesday, March 8, 1995

COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REGULATION RECEIVED

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

Document No. 1853
Promulgated By Commission on Higher Education
Licensing Nonpublic Postsecondary Institutions
Received By Speaker March 8, 1995
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date February 12, 1996

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Columbia Prayer Committee for a reception/talk, March 23, 1995, 9:00 A.M.-10:00 A.M. in the board room of the Lt. Governor's Office in the State House.

The invitation was accepted.


Printed Page 1363 . . . . . Wednesday, March 8, 1995

R. 14; H. 3218--GOVERNOR'S VETO RECEIVED

The following was received.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 7, 1995
The Honorable David H. Wilkins
Speaker of the House
State House
Post Office Box 11867
Columbia, South Carolina 299202

Dear Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3218, R. 14, an Act:
TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.

This veto is based upon an informal opinion of the Attorney General's Office dated March 6, 1995. The opinion states:
The act bearing ratification number 14 of 1995 would authorize the former board of directors of a dissolved nonprofit corporation or eleemosynary organization located in Florence County to distribute the remaining assets of the organization and to delay the effective date by two years for certain provisions of the act. R-14 appears to be identical to R-3... in all respects with the exception that specific statutory references found in R-3 have been deleted. As with R-3, this act contains no legislative findings as to why such organizations in Florence County should be treated differently than other similar corporations subject to the South Carolina Nonprofit Corporation Act.

For the above reasons, I am returning H. 3218, R. 14, without my signature.

Sincerely,
David M. Beasley

The veto was ordered printed in the Journal.


Printed Page 1364 . . . . . Wednesday, March 8, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 3762 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING RICHARD P. "RICK" FELDER, III, OF COLUMBIA ON RECEIVING THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES' DIVISION OF LAND RESOURCES AND CONSERVATION DISTRICTS 1994 OUTSTANDING DIVISION EMPLOYEE AWARD AND THE DEPARTMENT OF NATURAL RESOURCES MERITORIOUS SERVICE AWARD.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3763 -- Reps. Sharpe, Bailey, Martin, Rice, Littlejohn, Askins, Fleming, Davenport, Witherspoon, Riser, Clyburn and Wofford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3764 -- Rep. Askins: A BILL TO AMEND SECTION 24-13-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESCAPING OR ATTEMPTING TO ESCAPE FROM INCARCERATION, SO AS TO REQUIRE A PERSON SERVING A SENTENCE FOR A VIOLENT CRIME WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM INCARCERATION TO SERVE HIS PRIOR SENTENCE AND THE SENTENCE IMPOSED UNDER THIS SECTION WITHOUT ELIGIBILITY FOR PAROLE.

Referred to Committee on Judiciary.

H. 3765 -- Reps. Meacham, Elliott, Herdklotz, Allison, Mason, Simrill, Wells, Moody-Lawrence, Littlejohn, Easterday, A. Young, Tripp, Rice, Fleming, Cato, Koon, Gamble and Riser: A BILL TO AMEND


Printed Page 1365 . . . . . Wednesday, March 8, 1995

SECTION 16-25-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

Referred to Committee on Judiciary.

H. 3766 -- Reps. Neal, Bailey, Spearman, J. Brown, Inabinett, Hines, Howard, Littlejohn, T. Brown, Beatty, Scott, Canty, Moody-Lawrence, Stuart, Breeland, Anderson, Byrd, Shissias, Clyburn, Askins, Lloyd and S. Whipper: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140, AS AMENDED, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301, AS AMENDED, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201, AS AMENDED, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108, RELATING TO


Printed Page 1366 . . . . . Wednesday, March 8, 1995

UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117, AS AMENDED, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3767 -- Reps. Witherspoon, A. Young, Fleming, Kinon, Lanford, Hallman, Koon, Sharpe, Littlejohn, Chamblee, Fair, Allison, Wofford, Bailey, Vaughn, Cato, Kirsh, Meacham, Whatley, Knotts, Richardson, H. Brown, Fulmer, Cooper, Rice, Robinson, Cotty, T. Brown, Stille, McKay, Dantzler, Law, Davenport, Klauber, Simrill, Seithel, Tripp and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-365 SO AS TO PROVIDE THAT NO TENURE TO NONTENURED FACULTY AT ANY STATE PUBLIC COLLEGE OR UNIVERSITY MAY BE GRANTED, AND TO PROVIDE THAT THE GOVERNING BOARD OF EACH PUBLIC COLLEGE OR UNIVERSITY HAVING TENURED FACULTY WITHIN TWO YEARS SHALL DEVELOP A NEW EMPLOYMENT RELATIONSHIP ACCEPTABLE TO THE INSTITUTION AND TO THE TENURED FACULTY WHICH AS ONE COMPONENT WILL ELIMINATE TENURE AS A PART OF THE EMPLOYMENT RELATIONSHIP.

Referred to Committee on Education and Public Works.

H. 3768 -- Reps. Fulmer, Littlejohn, Keegan, Elliott, Hutson, Cotty, Meacham, Wilkes, Wofford, Wright, Mason, McCraw, Tripp, Seithel, Klauber, Trotter, Harrison, Quinn, Sharpe, Bailey, Law, R. Smith, Simrill, Jaskwhich, McAbee, Carnell, Kelley, Koon, Gamble, Fair, Herdklotz, Cato, Wells, Hallman, Harrell, Cain, Worley, Whatley, Allison, Limehouse, Robinson, Chamblee, A. Young, Boan, Tucker, Shissias, Haskins, Witherspoon, Thomas, Dantzler, Cooper, Stoddard, Wilder, Marchbanks, Phillips, Easterday, Riser, Vaughn, S. Whipper, Knotts, Jennings, Delleney, H. Brown, Davenport, McTeer, Richardson,


Printed Page 1367 . . . . . Wednesday, March 8, 1995

Martin, Hodges, J. Young, Beatty, Scott, Kennedy, Wilkins and Keyserling: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITS FOR NEW JOBS, SO AS TO DELETE THE REQUIREMENT THAT AN "S" CORPORATION MUST QUALIFY TO USE THE FEE IN LIEU OF PROPERTY TAXES IN SECTION 4-29-67 IN ORDER TO QUALIFY FOR A NONREFUNDABLE CREDIT UNDER SECTION 12-7-210, AND TO PROVIDE FOR CREDITS FOR LIMITED LIABILITY COMPANIES AND REGISTERED LIMITED LIABILITY PARTNERSHIPS.

Referred to Committee on Ways and Means.

H. 3769 -- Reps. Fulmer, Hutson, Cooper, Elliott, Klauber, Allison, Trotter, Keegan, Tripp, Harrison, Wilkes, Sharpe, Quinn, Cotty, Wilkins, Law, Wofford, Mason, McCraw, Wright, Seithel, R. Smith, Bailey, Simrill, Harrell, Whatley, McAbee, Jaskwhich, Meacham, Carnell, Limehouse, Kelley, Koon, Gamble, Fair, Herdklotz, Wells, Chamblee, Cato, Cain, Hallman, Witherspoon, D. Smith, Haskins, Robinson, Worley, A. Young, Littlejohn, Shissias, Dantzler, L. Whipper, Wilder, Vaughn, Keyserling, Delleney, Jennings, S. Whipper, Davenport, H. Brown, Knotts, Stoddard, Marchbanks, McTeer, Richardson, Martin, Hodges, J. Young, Phillips, Easterday, Kennedy, Beatty, Riser, Boan, Scott and Tucker: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT THE FIVE-YEAR PARTIAL EXEMPTION ALLOWED FOR MANUFACTURING ESTABLISHMENTS AND CORPORATE HEADQUARTERS IS EXTENDED TO AN UNRELATED PURCHASER UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Ways and Means.

H. 3770 -- Reps. Govan and Neilson: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO STUDY THE CHILD SUPPORT ENFORCEMENT GUIDELINES PROMULGATED BY THE DEPARTMENT AND TO REPORT TO THE GENERAL ASSEMBLY ON THE PROCESS OF DEVELOPING THE GUIDELINES, THE JUSTIFICATION FOR SUPPORT AMOUNTS, AND RECOMMENDATIONS FOR REVISIONS TO ENHANCE THE EQUITY AND FAIRNESS OF THE GUIDELINES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.


Printed Page 1368 . . . . . Wednesday, March 8, 1995

H. 3771 -- Reps. Cobb-Hunter, Neal, Canty, Hines, Inabinett, Lloyd, Clyburn, White, Moody-Lawrence, Govan, Rogers, Byrd, McTeer, Keyserling, Richardson and Beatty: A BILL TO AMEND TITLE 59, CHAPTER 65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, BY ADDING ARTICLE 7 SO AS TO ENACT THE SCHOOL HEALTH ACT OF 1995 SO AS TO REQUIRE PRE-SCHOOL HEALTH ASSESSMENTS AS A PREREQUISITE TO ATTENDING KINDERGARTEN OR FIRST GRADE AND TO PROVIDE EXCEPTIONS; AND TO AMEND TITLE 20, CHAPTER 7, RELATING TO THE CHILDREN'S CODE, BY ADDING ARTICLE 28 SO AS TO DIRECT EACH SCHOOL DISTRICT IN CONJUNCTION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONVENE A SCHOOL HEALTH PLANNING COMMITTEE TO ASSESS THE HEALTH STATUS OF CHILDREN AND TO DEVELOP AND IMPLEMENT A SCHOOL-BASED HEALTH SERVICES PROGRAM TO COMPLEMENT EXISTING HEALTH CARE SERVICES TO BE PROVIDED FOR STUDENTS AT THE OPTION OF THE PARENTS AND TO PROVIDE FOR THE SERVICES TO BE PROVIDED, CONFIDENTIALITY OF RECORDS, AND BILLING AND PROGRAM REVIEW PROCEDURES.

Referred to Committee on Education and Public Works.

S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.

Referred to Committee on Medical, Military, Public and Municipal Affairs.


Printed Page 1369 . . . . . Wednesday, March 8, 1995

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison          Anderson         Askins
Bailey           Beatty           Boan
Breeland         Brown, H.        Brown, J.
Brown, T.        Cain             Carnell
Cato             Cave             Clyburn
Cobb-Hunter      Cotty            Dantzler
Delleney         Easterday        Fleming
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Harwell
Herdklotz        Hines            Hodges
Howard           Huff             Hutson
Inabinett        Keegan           Kelley
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Littlejohn
Lloyd            Marchbanks       Mason
McAbee           McCraw           McMahand
Meacham          Neilson          Rhoad
Rice             Richardson       Riser
Robinson         Rogers           Sandifer
Scott            Seithel          Sheheen
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stuart
Thomas           Townsend         Tripp
Trotter          Tucker           Vaughn
Walker           Wells            Whatley
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 8.

James L.M. Cromer, Jr.   Charles R. Sharpe
H.B. Limehouse, III      William D. Keyserling


| Printed Page 1350, Mar. 7 | Printed Page 1370, Mar. 8 |

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