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

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Printed Page 1710 . . . . . Tuesday, March 14, 1995

RECORD FOR JOURNAL

I was unable to vote on H. 3363 because I was on the phone. I would like to cast my vote in the affirmative for H. 3363.

Rep. JOE E. BROWN

RECURRENCE TO THE MORNING HOUR

Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 3798 -- Reps. Townsend, Stoddard, Wright, Byrd, Allison, Anderson, Cain, Cooper, Fair, Jaskwhich, Kelley, Kennedy, Littlejohn, McMahand, Phillips, Stille, Stuart, Walker, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jennings, Keegan, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Thomas, Tripp, Trotter, Tucker, Vaughn, Waldrop, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, A. Young and J. Young: A HOUSE RESOLUTION TO RECOGNIZE AND COMMEND DR. CAROL A.

Printed Page 1711 . . . . . Tuesday, March 14, 1995
STEWART FOR HER TRULY OUTSTANDING WORK AS DIRECTOR OF RESEARCH FOR THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE UPON HER ASSUMING ANOTHER POSITION IN STATE GOVERNMENT.

Whereas, the members of the House of Representatives have learned with very deep regret that Carol Stewart, Director of Research for the House Education and Public Works Committee, will be leaving this position on Thursday, March 16, 1995, to become Deputy Director for Education at the Department of Juvenile Justice; and

Whereas, the House of Representatives has been blessed over the years with a staff composed of very able and talented people, and Carol Stewart is clearly one of the most capable individuals who has served the General Assembly; and

Whereas, she holds a Ph.D. in Elementary Education from the University of South Carolina, a Bachelor of Arts in Social Work from Florida Atlantic University, and became Director of Research for the Education and Public Works Committee in 1990 after having been a teacher, principal, and administrator in the Richland County School District One and Lexington County School District One school systems; and

Whereas, she is known and respected by her fellow educators as an author, administrator, commentator, and lecturer who has made significant contributions to the education of the children of our State, who are our greatest resource; and

Whereas, as Deputy Director of Education at the Department of Juvenile Justice, she will be assuming a position that will demand all of her skills, but which she is fully capable of performing; and

Whereas, the members of the House of Representatives, by this resolution, would like to offer to this truly gracious and lovely lady their sincere thanks for her contributions to the House of Representatives, the General Assembly, and the State of South Carolina and extend to her their very best wishes in all her future endeavors as she takes her leave of the House to assume another very demanding job in state government. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives hereby recognize and commend Dr. Carol A. Stewart for her truly outstanding work as Director of Research for the House Education and Public Works Committee upon her assuming another position in state government.

Be it further resolved that a copy of this resolution be forwarded to Carol Stewart.

Printed Page 1712 . . . . . Tuesday, March 14, 1995
The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3799 -- Reps. Gamble, Cobb-Hunter, Stuart, Govan, Felder and Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. H. FILMORE MABRY OF ORANGEBURG, RETIRED CHIEF EXECUTIVE OFFICER OF THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3800 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROGER FLOWERS OF SUMMERTON FOR HIS OUTSTANDING SERVICE ON THE AGRICULTURE COMMISSION OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 637 -- Senator Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF, ONE OF THIS STATE'S FINEST EDUCATORS, ELIZABETH BELL ABERNATHY OF GREAT FALLS, WHO PASSED AWAY THURSDAY, FEBRUARY 16, 1995.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

Printed Page 1713 . . . . . Tuesday, March 14, 1995
H. 3801 -- Reps. A. Young, R. Smith, Bailey, Gamble, Vaughn, Lloyd and Meacham: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE INSURANCE LAWS, SO AS TO PROVIDE THAT THE DEFINITION OF "INSURER" DOES NOT INCLUDE AN INDIVIDUAL OR GROUP WORKERS' COMPENSATION SELF-INSURER WHICH IS QUALIFIED BY AND SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE WORKERS' COMPENSATION COMMISSION UNDER SECTION 42-5-20; AND TO AMEND SECTION 38-31-20, AS AMENDED, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO PROVIDE THAT, FOR THE PURPOSES OF THE DEFINITION OF "COVERED CLAIM", "REINSURER, INSURER, INSURANCE POOL, OR UNDERWRITING ASSOCIATION" DOES NOT INCLUDE QUALIFIED, INDIVIDUAL, OR GROUP WORKERS' COMPENSATION SELF-INSURERS WHO ARE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE WORKERS' COMPENSATION COMMISSION UNDER SECTION 42-5-20.

Referred to Committee on Labor, Commerce and Industry.

H. 3802 -- Reps. A. Young, R. Smith, Bailey, Keegan, Meacham, Mason, Inabinett, J. Brown, Hutson, Vaughn, Hines, Clyburn, Gamble, Byrd, Jennings, Witherspoon and Moody-Lawrence: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THIS FUND ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, AND THAT THIS FUND SIMILARLY ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF-INSURANCE FUNDS IF BOTH THE POSTED SECURITY OF THE GROUP AND THE JOINT AND SEVERAL LIABILITY OF THE MEMBERS OF THE GROUP AT THE TIME OF THE LOSS PROVE INADEQUATE TO PAY EXISTING CLAIMS.

Referred to Committee on Labor, Commerce and Industry.

Printed Page 1714 . . . . . Tuesday, March 14, 1995
H. 3803 -- Reps. A. Young, Meacham, Mason, R. Smith, Bailey, Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee, Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn, Haskins and Meacham: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO REQUIRE APPLICANTS FOR A BEGINNER'S PERMIT TO MEET THE REQUIREMENTS OF SECTION 56-1-50, TO REQUIRE APPLICANTS FOR A RESTRICTED DRIVER'S LICENSE TO MEET THE REQUIREMENTS OF SECTION 56-1-180, AND TO DELETE "INSTRUCTION PERMIT" AND "SECTION 56-1-60"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A BEGINNER'S PERMIT; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO A RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE "INSTRUCTION PERMIT" AND TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A RESTRICTED DRIVER'S LICENSE.

Referred to Committee on Education and Public Works.

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.

Referred to Committee on Judiciary.

S. 321 -- Senator Washington: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO PROVIDE THAT AN ILLUSTRATION OR A MECHANICAL MODEL MAY BE USED TO DEMONSTRATE THE MANNER OF VOTING ON THE MACHINE.

Referred to Committee on Judiciary.

Printed Page 1715 . . . . . Tuesday, March 14, 1995
S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

Referred to Committee on Judiciary.

S. 602 -- Senators Short, Jackson, Gregory and Giese: 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 OF THE 1976 CODE, 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 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, 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 OF THE 1976 CODE, 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 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION

Printed Page 1716 . . . . . Tuesday, March 14, 1995
REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, 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 OF THE 1976 CODE, 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.

S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR CERTAIN FOR-HIRE MOTOR CARRIERS OF PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.

Referred to Committee on Judiciary.

S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE

Printed Page 1717 . . . . . Tuesday, March 14, 1995
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 627 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FACILITY SPECIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

H. 3362--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 3362

GENERAL APPROPRIATION BILL

Rep. H. BROWN proposed the following Amendment No. 316 (Doc Name L:\h-wm\legis\amend\FF.102), which was adopted.

Amend the bill, as and if amended, Part IA, Section 47, Department of Natural Resources, page 306, line 12, opposite /other operating/ by increasing the amount in column (6) by /$100,000/

Amend further, page 306, line 14, opposite /allocation to other entities/ by increasing the amount in column (6) by /$100,000/

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 317 (Doc Name L:\h-wm\legis\amend\FF.104), which was adopted.

Amend the bill, as and if amended, Part IA, Section 71, Revenue, page 374A, opposite /departmental revenue, by increasing the amounts in the Ways and Means Committee estimate by /$200,000/

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

Printed Page 1718 . . . . . Tuesday, March 14, 1995
Rep. H. BROWN proposed the following Amendment No. 318 (Doc Name L:\h-wm\legis\amend\FF.511), which was adopted.

Amend the amendment #271, Document No. (L:\H-WM\LEGIS\AMEND\FF.030), Part 1B, Section 1, by striking

/Aid to Subdivisions:

Public school operating costs-Homeowner tax relief

Public School Retirement Supplement/

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 319 (Doc Name L:\h-wm\legis\amend\CJ.505), which was adopted.

Amend Amendment No. 84 relating to Part IB, Section 3, Legislative, by Representative H. Brown, et al, as and if amended, dated March 1, 1995, Bearing Document No. (L:\H-WM\LEGIS\AMEND\CJ.050), Page 2, Line 5, by deleting /equity,/.

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

LEAVE OF ABSENCE

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

Rep. TOWNSEND continued speaking.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 320 (Doc Name L:\h-wm\legis\amend\FF.100), which was adopted.

Amend the bill, as and if amended, Part IB, Section 11, Attorney General, Amendment #240, Page 2, Line 2, by striking /The study must be funded as follows: Fifty Thousand dollars appropriated to the Attorney General's Office for operating expenses, Section 11, Part 1A of the 1995-96 General Appropriation Act/

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

Printed Page 1719 . . . . . Tuesday, March 14, 1995
Rep. H. BROWN proposed the following Amendment No. 321 (Doc Name L:\h-wm\legis\amend\CJ.095), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, Paragraph 22, Page 419, Line 17, by striking /for salaries and benefits from the EIA./ and inserting /for EFA General Funds - non-matching supplement and teacher salaries - Special EIA./

Amend further, Page 419, Line 18, by adding after /is required/ the following: /for the funds provided from EFA General Funds - non-matching supplement and teacher salaries - Special EIA through the EFA formula./

Renumber sections & amend totals/title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 322 (Doc Name L:\h-wm\legis\amend\FF.510), which was adopted.

Amend the bill, as and if amended, Part 1B, Section 68A, Aid to Subdivisions, Paragraph 6, Page 475, Line 4, by striking /However, the first phase of property tax relief must be to remove that portion of the homeowners tax for public school operating costs./

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 323 (Doc Name L:\h-wm\legis\amend\FF.103), which was adopted.

Amend the bill, as and if amended, Part II, Section 53, Migratory Waterfowl Committee, Amendment #311, page 4, line 8, by striking /conservation, education and communication / and inserting /administration and support/

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 324 (Doc Name L:\council\legis\amend\PFM\7286AC.95), which was adopted.

Amend the bill, as and if amended, Part II, Section 54, page 522, by deleting on line 10 /39,/.

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