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 2340, Apr. 11 | Printed Page 2360, Apr. 12 |
Printed Page 2350 . . . . . Tuesday, April 11, 1995
H. 3915--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, April 18, which was adopted.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Printed Page 2351 . . . . . Tuesday, April 11, 1995
H. 3242--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 3242 -- Reps. Anderson, McMahand and Breeland: A JOINT RESOLUTION REQUIRING THE CHIEF INSURANCE COMMISSIONER TO RECOMMEND TO THE GENERAL ASSEMBLY LEGISLATIVE CHANGES THAT WILL ENCOURAGE A GREATER NUMBER OF INSURANCE COMPANIES TO OPERATE IN THIS STATE IN SUCH A MANNER AS TO FOSTER BROAD-BASED COMPETITION IN THE MARKET PLACE AND RESULT IN REDUCED PREMIUMS FOR THE STATE'S CONSUMERS.

Rep. RICHARDSON explained the Joint Resolution.

Rep. KIRSH moved to adjourn debate upon the Joint Resolution until Wednesday, April 12, which was adopted.

H. 3733--OBJECTION,

AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A

Printed Page 2352 . . . . . Tuesday, April 11, 1995
MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE THAT IF THE TENANT HAS VOLUNTARILY TERMINATED THE UTILITIES AND THERE IS AN UNEXPLAINED ABSENCE OF A TENANT AFTER DEFAULT IN PAYMENT OF RENT, ABANDONMENT IS CONSIDERED IMMEDIATE AND THE FIFTEEN-DAY RULE DOES NOT APPLY; AND TO AMEND SECTION 27-40-790, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE PAYMENT OF RENT INTO COURT, SO AS TO DELETE THE WORD "JUDGMENT" AND REPLACE IT WITH THE WORD "DECISION".

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10073JM.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 5 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. ELLIOTT explained the amendment.

Rep. COTTY objected to the Bill.

The amendment was then adopted.

Printed Page 2353 . . . . . Tuesday, April 11, 1995
Rep. ELLIOTT explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

Rep. SHEHEEN moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. HASKINS adjourned in memory of William Walter Wilkins of Greenville, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 2354 . . . . . Wednesday, April 12, 1995
Wednesday, April 12, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

O God of all creation, as the miracle of Springtime covers the earth with a tapestry of beauty, show us that every budding flower and in each blade of grass there is Your masterful handiwork. And as we come to the Passover and to Good Friday, our thanks are overwhelming that we have a God Whose compassion and concern for His people are so totally and completely revealed in these events. Seeing God's love, as so thoroughly revealed then and now, may we go forward in complete confidence that You are with us. May no disappointment lead us to despair, no failure extinguish the light of hope. Thus we pray that the words of our mouths, the thoughts of our minds and the emotions of our hearts be always acceptable in Your sight.

We pray to our God Who seeks us always to lead us on. 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. T. BROWN moved that when the House adjourns, it adjourn in memory of Camille Barber of Georgetown, which was agreed to.

HOUSE TO MEET AT 12:00 NOON, APRIL 18

IN STATEWIDE SESSION

Rep. J. BROWN moved that when the House adjourns it adjourn to meet in Local Session tomorrow and in Statewide Session on Tuesday, April 18 at 12:00 Noon, which was agreed to.

Printed Page 2355 . . . . . Wednesday, April 12, 1995
R. 54; H. 3659--GOVERNOR'S VETO RECEIVED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 10, 1995
Dear Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3659, R. 54, an Act:
TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

This veto is based upon my belief that H. 3659, R. 54 of 1995, is unconstitutional. It is clearly an act for a specific county, since the North Greenville Fire District is located wholly within Greenville County. Article VIII, Section 7 states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning H. 3659, R. 54, without my signature.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

CONFIRMATION OF APPOINTMENT

The following was received.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 11, 1995
Mr. Speaker and Members of the House of Representatives from the 6th Congressional District:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the Members of the House of Representatives from the 6th Congressional District and is, therefore, submitted for your consideration.

Respectfully,

Printed Page 2356 . . . . . Wednesday, April 12, 1995
David M. Beasley

STATEWIDE APPOINTMENT

Initial Appointment, Member, Prisoner of War Commission, with term to commence July 1, 1993, and to expire July 1, 1997:

6th Congressional District:

Mr. Harry Everett Thomas, Jr., 1008 Woodstone Drive, Florence, S.C. 29501- 5555 VICE MG Jones E. Bolt

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

S. 662--NON-CONCURRENCE IN SENATE AMENDMENTS

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

S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.

REPORTS OF STANDING COMMITTEES

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison, Wright, Thomas, Moody-Lawrence, Howard, Tripp, Harrison, Stille, Martin, Huff, Stoddard, Koon, Wilkins, Keyserling, Riser, Wells, Gamble, McCraw, Kirsh, Dantzler, Sandifer, Wilkes, Seithel, Shissias, Jennings, Boan, Sheheen, D. Smith, Littlejohn, McTeer, Harvin, Vaughn, Cato, Spearman, Kinon, Hutson, Mason, Baxley, Quinn, Lloyd, Davenport, J. Harris, T. Brown, Lanford, Harwell, Harrell, Cain, Wilder, Byrd and Beatty: A BILL TO AMEND SECTIONS 47-3-610, 47-3-620, AND 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE TEASING, MALTREATING,

Printed Page 2357 . . . . . Wednesday, April 12, 1995
AND INJURING OF POLICE DOGS AND PENALTIES ASSOCIATED WITH THESE ACTIVITIES, SO AS TO EXTEND THESE PROHIBITIONS TO POLICE HORSES AND TO INCREASE THE PENALTIES.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3859 -- Reps. Riser, Hines, Inabinett, Rhoad, Witherspoon, Koon, Limehouse and Fulmer: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

S. 564 -- Senator Holland: 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.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3581 -- Reps. Sharpe, Herdklotz, Meacham, Bailey, Littlejohn, Fulmer, Law, A. Young, Rice, Davenport, Vaughn, Haskins, D. Smith, Cato, Mason and Riser: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF REGULATION; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING

Printed Page 2358 . . . . . Wednesday, April 12, 1995
REGULATIONS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE PUBLIC HEARING NOTICE ON PROPOSED REGULATIONS; TO AMEND SECTION 1-23-111, RELATING TO PROCEDURES FOR CONDUCTING PUBLIC HEARINGS AND THE REPORT OF THE OFFICIAL PRESIDING AT THE PUBLIC HEARING AND THE AGENCY'S RESPONSE TO THE REPORT, SO AS TO PROVIDE THE BASIS FOR THE DETERMINATION OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AVAILABLE TO AN AGENCY IN RESPONDING TO A REPORT; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED AND TO AUTHORIZE A LEGISLATIVE COMMITTEE TO REQUEST A REPORT AND TO PROVIDE PROCEDURES UNDER WHICH THE ONE HUNDRED TWENTY DAY REVIEW PERIOD IS TOLLED UPON SUCH A REQUEST, AND TO MANDATE THE CONTENTS OF THE REPORT; TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, BOTH RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROHIBIT AN AGENCY FROM WITHDRAWING OR MODIFYING A REGULATION EXCEPT UPON NOTICE BY THE LEGISLATIVE COMMITTEE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

Printed Page 2359 . . . . . Wednesday, April 12, 1995
H. 3632 -- Reps. Jennings, Harwell, Knotts, Klauber and Shissias: A BILL TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO PROVIDE THAT SPOUSES ARE COMPETENT TO BE WITNESSES BECAUSE UNDER THE NEW RULES OF EVIDENCE EVERY PERSON IS DEEMED COMPETENT TO BE A WITNESS UNLESS OTHERWISE SPECIFIED; BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CRIMINAL DEFENDANTS MAY TESTIFY; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A PARDON, SO AS TO FURTHER PROVIDE FOR HIS RIGHT TO TESTIFY WITHOUT HAVING HIS CONVICTION INTRODUCED FOR IMPEACHMENT PURPOSES; AND BY REPEALING SECTIONS 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, AND 19-11-70 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO EVIDENTIARY MATTERS IN LEGAL PROCEEDINGS.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3023 -- Reps. Byrd, Baxley, Lloyd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S

Printed Page 2360 . . . . . Wednesday, April 12, 1995
LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.

Ordered for consideration tomorrow.

| Printed Page 2340, Apr. 11 | Printed Page 2360, Apr. 12 |
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