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 2570, Apr. 25 | Printed Page 2590, Apr. 25 |

Printed Page 2580 . . . . . Tuesday, April 25, 1995

H. 3745--OBJECTIONS

The following Bill was taken up.

H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.

Rep. HARRISON explained the Bill.

Rep. SCOTT moved to adjourn debate upon the Bill.

Rep. CROMER moved to table the motion, which was not agreed to.

Reps. SCOTT, NEAL, BYRD, LLOYD and INABINETT objected to the Bill.

H. 3859--DEBATE ADJOURNED

Rep. RISER moved to adjourn debate upon the following Joint Resolution until Tuesday, May 2, which was adopted.

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.

H. 3423--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY TO ESTABLISH LESS THAN THE TOTAL OF THE NONMEMBER SERVICE.


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Reps. GAMBLE, HALLMAN, FULMER, HARRELL, KOON and H. BROWN proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5835HTC.95), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. A. Section 9-1-1650 of the 1976 Code is amended by adding at the end:

"An active contributing member making the nomination provided under this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of this section and Section 9-1-1660, if applicable."

B. Section 9-8-110(1) of the 1976 Code is amended to read:

"(1) Except as provided in subsections (2) and (3) of this section, upon the death of any member of the system, a lump sum amount shall must be paid to such the persons as he shall have the member nominated by written designation, filed with the board, otherwise to his estate. Such This amount shall must be equal to the amount of his the member's accumulated contributions. An active contributing member making the nomination provided under this section also may name secondary beneficiaries in the same manner that beneficiaries are named. A secondary beneficiary has no rights under this chapter unless all beneficiaries nominated by the member predecease the member and the member's death occurs while in service. In this instance, a secondary beneficiary is considered the member's beneficiary for purposes of this section."

C. Section 9-9-100(1) of the 1976 Code is amended to read:

"(1) Upon the death of any a member of the system, a lump sum amount shall must be paid to such the person as he shall have the member nominated by written designation, filed with the board, otherwise to his the member's estate. Such This lump sum amount shall must be equal to the amount of his the member's accumulated contributions. An active contributing member making the nomination provided under this item also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance,


Printed Page 2582 . . . . . Tuesday, April 25, 1995

a contingent beneficiary is considered the member's beneficiary for purposes of this item and item (3) of this section, if applicable."

D. Section 9-11-110 of the 1976 Code is amended by adding at the end:

"(3) An active contributing member making the nomination provided under subsection (1) of this section also may name contingent beneficiaries in the same manner that beneficiaries are named. A contingent beneficiary has no rights under this chapter unless all beneficiaries nominated by the member have predeceased the member and the member's death occurs while in service. In this instance, a contingent beneficiary is considered the member's beneficiary for purposes of subsection (1) of this section and Section 9-11-130, if applicable."/

Renumber sections to conform.

Amend title to conform.

Rep. GAMBLE explained the amendment.

The amendment was then adopted.

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

H. 3881--DEBATE ADJOURNED

Rep. LANFORD moved to adjourn debate upon the following Bill until Thursday, April 27, which was adopted.

H. 3881 -- Reps. H. Brown, Boan and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND 9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL ASSEMBLY RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.


Printed Page 2583 . . . . . Tuesday, April 25, 1995

ORDERED TO THIRD READING

The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 4009 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: CONSTRUCTION, DEMOLITION AND LAND-CLEARING DEBRIS LANDFILLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1786, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

H. 4010 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: USED OIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1831, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. SHARPE explained the Joint Resolution.

H. 4030--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 4030 -- Reps. Fair, Allison and Cobb-Hunter: A JOINT RESOLUTION TO ESTABLISH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP OF THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, THREE MEMBERS OF THE SENATE, AND THREE GUBERNATORIAL APPOINTEES, AND TO FURTHER PROVIDE THAT THE COMMITTEE SHALL STUDY ISSUES RELATING TO CHILDREN AND FAMILIES AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.

Rep. FAIR explained the Joint Resolution.

Rep. FAIR moved to adjourn debate upon the Joint Resolution, which was adopted.


Printed Page 2584 . . . . . Tuesday, April 25, 1995

H. 3907--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 11, by Reps. RICE and ASKINS.

Rep. RICE moved to table the amendment, which was agreed to.

Reps. ROBINSON, TUCKER and D. SMITH proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\GJK\21696AC.95).

Amend the bill, as and if amended, in Section 44-56-420(B)(6) of the 1976 Code, as contained in SECTION 1, by inserting after /article/ on line 3, page 4:

/; however, the department may not expend more than five percent of the fund for this purpose and before employing staff or expending funds for equipment to carry out the provisions of this article, the department shall request bids from the private sector to conduct the activities relative to the treatment, restoration, replacement, or rehabilitation of a contaminated site and must utilize services of the private sector if a reasonable bid is submitted;/

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

Rep. WILKES spoke in favor of the amendment.


Printed Page 2585 . . . . . Tuesday, April 25, 1995

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 4, Rep. WILKES having the floor.

RECURRENCE TO THE MORNING HOUR

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

RULE 6.1 WAIVED

Rep. HUFF moved to waive Rule 6.1, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4150 -- Reps. G. Brown, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A HOUSE RESOLUTION TO PROVIDE THAT THE MEMBERS OF THE HOUSE OF REPRESENTATIVES RECOGNIZE MR. BOB FULTON, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF EXPRESSING APPRECIATION FOR HIS OUTSTANDING CONTRIBUTIONS TO SOUTH CAROLINA AS THE "VOICE OF THE GAMECOCKS" FOR THE PAST FORTY-THREE YEARS.

Be it resolved by the House of Representatives:

That Mr. Bob Fulton will be recognized by the members of the House of Representatives, at a time to be determined by the Speaker, for the


Printed Page 2586 . . . . . Tuesday, April 25, 1995

purpose of expressing appreciation for his outstanding contributions to South Carolina as the "Voice of the Gamecocks" for the past forty-three years.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4151 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF GENERAL McCANTS, JR., OF MAYESVILLE IN LEE COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4152 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JULIEN WEINBERG, JUDGE OF PROBATE FOR CLARENDON COUNTY, FOR HIS OUTSTANDING PUBLIC SERVICE AND EXTENDING BEST WISHES FOR A HAPPY RETIREMENT.

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

H. 3907--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, Rep. WILKES having the floor.

H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A


Printed Page 2587 . . . . . Tuesday, April 25, 1995

DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

AMENDMENT NO. 4--ADOPTED

Debate was resumed on Amendment No. 4, by Reps. ROBINSON, et al.

Rep. WILKES continued speaking.

The amendment was then adopted.

Reps. WILKES, RICE, ASKINS and HARVIN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\21768AC.95), which was adopted.

Amend the bill, as and if amended, by inserting:

/"Section 44-56-485. (A) Notwithstanding any other provision of this article, this article does not apply to a drycleaning facility that is in existence on July 1, 1995, that uses only Stoddard solvents or its breakdown products. However, an owner or operator of a facility may elect to place the facility under the provisions of this article if the election is made before October 1, 1995. If an owner or operator of a facility does not elect to place a facility under this article before October 1, 1995, the current or a future owner or operator of the site is prohibited from receiving any funds or assistance under this article. Additionally, an owner or operator who does not elect to place a facility under this article is prohibited from receiving any funds or assistance under this article for any site the owner or operator previously abandoned.

(B) A drycleaning facility in existence on July 1, 1995, that uses perchloroethylene and Stoddard solvent or their breakdown products may elect to remove the facility from the requirements of this article if the election is made before October 1, 1995. An owner or operator of a facility using perchloroethylene and Stoddard solvents or their breakdowns may not elect to remove a facility from the requirements of this article for one solvent and not the other."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. WILKES explained the amendment.

The amendment was then adopted.

Rep. WILKES explained the Bill.


Printed Page 2588 . . . . . Tuesday, April 25, 1995

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

LEAVES OF ABSENCE

The SPEAKER granted Reps. HINES and KEEGAN a leave of absence for the remainder of the day.

H. 4030--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4030 -- Reps. Fair, Allison and Cobb-Hunter: A JOINT RESOLUTION TO ESTABLISH THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP OF THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES, THREE MEMBERS OF THE SENATE, AND THREE GUBERNATORIAL APPOINTEES, AND TO FURTHER PROVIDE THAT THE COMMITTEE SHALL STUDY ISSUES RELATING TO CHILDREN AND FAMILIES AS DIRECTED OR REQUESTED BY THE GENERAL ASSEMBLY.

Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7427AC.95), which was adopted.

Amend the bill, as and if amended, SECTION 1, page 1, by striking lines 28-30 and inserting /committee shall study issues relating to children and families as the committee may undertake or as may be requested or directed by the General Assembly./

Amend title to conform.

Rep. FAIR explained the amendment.

The amendment was then adopted.

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

H. 3841--AMENDED, OBJECTIONS AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3841 -- Reps. Sheheen, Quinn, Harrison, Delleney, Baxley, Wilkins and Thomas: A BILL TO AMEND SECTIONS 14-8-10, 14-8-20, 14-8-80, AND 14-8-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT OF APPEALS, SO AS TO


Printed Page 2589 . . . . . Tuesday, April 25, 1995

PROVIDE FOR THREE ADDITIONAL JUDGES FOR THE COURT OF APPEALS, FOR AN ADDITIONAL PANEL OF THE COURT, AND FOR OTHER PROCEDURES NECESSARY TO REFLECT A NINE MEMBER COURT; TO AMEND SECTION 14-5-610, AS AMENDED, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND JUDGES FOR THE CIRCUIT COURTS, SO AS TO ADD THREE ADDITIONAL CIRCUIT COURT JUDGES FROM SPECIFIED CIRCUITS; AND TO AMEND SECTION 20-7-1410, RELATING TO FAMILY COURT JUDGES, SO AS TO ADD THREE ADDITIONAL FAMILY COURT JUDGES FROM SPECIFIED CIRCUITS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21717SD.95), which was adopted.

Amend the bill, as and if amended, in Section 14-5-610 of the 1976 Code, as contained in SECTION 5, by adding the following at the end of the second paragraph which begins on line 23 of page 4:

/In the ninth circuit, at least one judge must be a resident of the lesser populated county. The provisions of this section, however, shall not preclude the reelection of any incumbent resident Circuit Court Judge if this would result in more resident Circuit Court Judges from a particular county in that circuit than is otherwise permitted by this section./

When amended Section 14-5-610 of the 1976 Code shall read:

"Section 14-5-610. The State is divided into sixteen judicial circuits as follows:

(1) The first circuit is composed of the counties of Calhoun, Dorchester, and Orangeburg.

(2) The second circuit is composed of the counties of Aiken, Bamberg, and Barnwell.

(3) The third circuit is composed of the counties of Clarendon, Lee, Sumter, and Williamsburg.

(4) The fourth circuit is composed of the counties of Chesterfield, Darlington, Marlboro, and Dillon.

(5) The fifth circuit is composed of the counties of Kershaw and Richland.

(6) The sixth circuit is composed of the counties of Chester, Lancaster, and Fairfield.

(7) The seventh circuit is composed of the counties of Cherokee and Spartanburg.

(8) The eighth circuit is composed of the counties of Abbeville, Greenwood, Laurens, and Newberry.


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