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 2790, Apr. 27 | Printed Page 2810, Apr. 27 |

Printed Page 2800 . . . . . Thursday, April 27, 1995

SPEAKER IN CHAIR

Reps. KNOTTS and LANFORD proposed the following Amendment No. 6.

In addition to any other penalties provided by law, any violation where a person is found guilty of not having liability insurance coverage shall be fined a penalty not less that $500.00.

Rep. KNOTTS explained the amendment.

Reps. SCOTT, INABINETT, WILLIAMS, MOODY-LAWRENCE, LLOYD, ANDERSON and BREELAND objected to the Bill.

H. 3427--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted.

H. 3427 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH A REVIEW AND FOR WHEN SUCH A JUDICIAL REVIEW IS AUTHORIZED.

H. 3584--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995


Printed Page 2801 . . . . . Thursday, April 27, 1995

MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21757SD.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 59-19-25. (A) (1) Notwithstanding any other provision of law or special act providing for the appointment or election of school trustees in any school district, beginning in 1996 and every two years thereafter as appropriate, members of the boards of trustees for the school districts of this State must be elected in nonpartisan elections to be conducted at the same time as the general election in those years.

(2) Any school district board of trustees now elected in nonpartisan elections as provided by law shall continue to be elected in that manner except that the date of the nonpartisan elections must be at the same time as the general election in the appropriate even-numbered year.

(3) All current members of the boards of trustees of the school districts whose terms expire in an even-numbered year shall continue to serve until their successors are elected and qualify in the manner provided in this section in the election of that even-numbered year. All current members of the board of trustees of the school districts whose terms expire in an odd-numbered year shall continue to serve until their successors are elected and qualify in the manner provided in this section at the election in the next ensuing even- numbered year.

(4) The terms for all persons elected to the boards of trustees are as now provided by law for that district and commence as provided in Section 59-19-315, unless otherwise provided by law applicable to the particular district.


Printed Page 2802 . . . . . Thursday, April 27, 1995

(B) (1) Candidates for these offices which are filled in nonpartisan elections on the effective date of this section must be nominated by the method provided by law for the office affected.

(2) Candidates for these offices which are filled in partisan elections on the effective date of this section must be nominated by petition as provided in Section 7-11-70 or by declaration of candidacy filed with the appropriate election commission or authority conducting the election.

(3) The elections provided for in this section must be conducted pursuant to the provisions of Title 7, mutatis mutandis, except as otherwise provided for in this section or in other provisions of law relating to that particular school district. If no such method of conducting the election is now applicable to a district, the elections must be conducted by the county election commission with the cost of the election to be borne by the district. Trustees shall continue to be elected from the district at large, from specified election districts, or in such other manner as is now provided by law for that district.

(4) Vacancies in these offices must be filled as provided by law, except that if an election is required, it must be a nonpartisan election conducted in the manner required by this section.

(5) The results of these elections must be determined in the manner provided by law for that district, except that if no such provision of law is now applicable to that district, the results must be determined in accordance with the nonpartisan plurality method contained in Section 5-15-61.

(C) Candidates for the office of trustee for the boards of trustees for the school districts of this State are prohibited from soliciting or accepting a contribution, gift, loan, or any other thing of value from a certified political party or from any person or entity acting for or on behalf of a certified political party. No candidate, candidate's committee, or person or entity acting for or on behalf of a candidate or candidate's committee may publish or distribute campaign literature which in any way states, implies, or suggests party affiliation."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. JASKWHICH explained the amendment.

The amendment was then adopted.


Printed Page 2803 . . . . . Thursday, April 27, 1995

Rep. HODGES proposed the following Amendment No. 2, which was adopted.

Strike subsection (C) from bill.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 3584--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ALLISON, with unanimous consent, it was ordered that H. 3584 be read the third time tomorrow.

H. 3905--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1945DW.95).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 59-63-45. (A) Notwithstanding the provisions of this chapter, a nonresident child otherwise meeting the enrollment requirements of this chapter may attend a school in a school district which he is otherwise qualified to attend if the person responsible for educating the child pays an amount equal to the cost of educating the child, as determined annually by the district, reduced by school taxes on real property owned by the child paid to the school district in which he is enrolled. The district may waive all or a portion of the payment required by this section.

(B) Students attending a school pursuant to this section must be counted in enrollment for purposes of determining state aid to the district.


Printed Page 2804 . . . . . Thursday, April 27, 1995

(C) If the payment to the school district is not made within a reasonable time as determined by the district, the child must be removed from the school after notice is given."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. JASKWHICH explained the amendment.

LEAVE OF ABSENCE

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

Rep. JASKWHICH continued speaking.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

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

S. 713 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE BUILDINGS ON THURSDAY, NOVEMBER 30, 1995, AND FRIDAY, DECEMBER 1, 1995, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

S. 713--ADOPTED AND SENT TO THE SENATE

On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

S. 713 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S


Printed Page 2805 . . . . . Thursday, April 27, 1995

CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE BUILDINGS ON THURSDAY, NOVEMBER 30, 1995, AND FRIDAY, DECEMBER 1, 1995, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for secondary students; and

Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and

Whereas, forty-three states have successful Youth in Government programs; and

Whereas, the South Carolina High School Youth in Government program is the largest per-capita Youth in Government program in the nation; and

Whereas, the South Carolina High School Youth in Government program has been named the most outstanding in the nation two years in a row. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly authorize the South Carolina Young Men's Christian Association to use the Senate Chamber, the Chamber of the House of Representatives, and such hearing rooms as may be available in the legislative office buildings on Thursday, November 30, 1995, and Friday, December 1, 1995, to conduct a Youth in Government program. If the renovations to either the State House or the Carolina Plaza, or both, render either or both of these locations unsuitable in the judgment of the Clerks of the Senate and the House of Representatives, then the unsuitable location may not be used. In such case, the clerks shall make an effort to fully accommodate the participants in the Gressette and Blatt Buildings.

Be it further resolved that the offices of the Sergeants at Arms of the Senate and of the House of Representatives shall provide assistance and access as necessary for this meeting in accordance with applicable procedures, Rules of the Senate, and Rules of the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Mary Capers Bledsoe, Executive Director, YMCA Youth in Government,


Printed Page 2806 . . . . . Thursday, April 27, 1995

and the Honorable James R. Melton and the Honorable Mitchell G. Dorman, Sergeants at Arms of the Senate and of the House of Representatives, respectively.

The Concurrent Resolution was adopted and ordered returned to the Senate.

CONCURRENT RESOLUTION

On motion of Rep. STODDARD, with unanimous consent, the following was taken up for immediate consideration:

H. 4172 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 10, 1995, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1995 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.

Be it resolved by the House of Representatives, the Senate concurring:

That the House of Representatives and the Senate meet in joint session in the Hall of the House at 12:00 noon on Wednesday, May 10, 1995, for the purpose of electing members of the Boards of Trustees of Coastal Carolina University, the Medical University of South Carolina, South Carolina State University, the Wil Lou Gray Opportunity School, and the Board of Visitors of The Citadel, to succeed those members whose terms expire in 1995 or whose positions otherwise must be filled.

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

CONCURRENT RESOLUTION

On motion of Rep. COOPER, with unanimous consent, the following was taken up for immediate consideration:

H. 4173 -- Reps. Cooper, Waldrop and J. Harris: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 10, 1995,


Printed Page 2807 . . . . . Thursday, April 27, 1995

IMMEDIATELY FOLLOWING THE ELECTION OF COLLEGE AND UNIVERSITY TRUSTEES AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING FIVE SPECIFIED MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.

Be it resolved by the House of Representatives, the Senate concurring:

That the House of Representatives and the Senate shall meet in joint session in the Hall of the House on Wednesday, May 10, 1995, immediately following the election of college and university trustees for the purpose of electing members of the Legislative Audit Council as follows:

(1) a member who is an attorney for a term to expire in 2001;

(2) a member who is a certified public accountant or a licensed public accountant for a term to expire in 2001;

(3) a public member for a term to expire in 2001;

(4) a public member for a term to expire in 1999;

(5) a public member for a term to expire in 1997.

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 27, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Reappointment, Prisoner of War Commission, with term to commence July 1, 1995, and to expire July 1, 1999:

5th Congressional District:

Mr. Bobby R. Bagley, P.O. Box 1119, Sumter, S.C. 29151

Very respectfully,
President

Received as information.


Printed Page 2808 . . . . . Thursday, April 27, 1995

H. 3905--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.

H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.

AMENDMENT NO. 1 - ADOPTED

Debate was resumed on Amendment No. 1, by the Committee on Education and Public Works.

The amendment was then adopted.

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

H. 3905--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 3905 be read the third time tomorrow.

S. 46--DEBATE ADJOURNED

Rep. BREELAND moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted.

S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES


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HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.

S. 602--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted.

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 REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE


Printed Page 2810 . . . . . Thursday, April 27, 1995

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.


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