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 2900, May 3 | Printed Page 2920, May 3 |

Printed Page 2910 . . . . . Wednesday, May 3, 1995

CERTIFICATE

This is to certify that the proceedings, consisting of ninety-five (95) pages, is a true and correct transcript of the proceedings; said proceedings were reported by the method of Stenotype with Backup.

I further certify that I am neither employed by nor related to any of the parties in this matter or their counsel; nor do I have any interest, financial or otherwise, in the outcome of same.

IN WITNESS WHEREOF I have hereunto set my hand and seal this 26th day of April, 1995.

/s/Elaine M. Boyd
Certified Court Reporter (ID)
Notary Public for South Carolina
My commission Expires: March 9, 2002

The Committee met at 9:30 a.m. and all members were present. Upon a motion of Rep. Inabinett, seconded by Rep. Littlejohn, the committee met in executive session at the request of Col. Stephen Peper, an incumbent candidate for the Citadel Board. The Chairman then recognized Mr. Peper who stated "Gentlemen, I have enjoyed serving on the Citadel Board but due to pressing business interests and loyalty to my family, there just is not enough time to serve my alma mater that I love so much. At this time I would like to withdraw from the race." Rep. Inabinett moved that the Committee accept his withdrawal, seconded by Senator Giese. The motion carried unanimously. Senator Wilson moved that the committee rise. The Committee then repeated its actions taken in


Printed Page 2911 . . . . . Wednesday, May 3, 1995

executive session. Upon motion of Rep. Littlejohn, the Committee adjourned.

On motion of Rep. STODDARD, the report was ordered printed in the Journal.

REPORT OF STANDING COMMITTEE

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

Invitation of the Governor for a legislative reception, May 17, 1995, 6:00-8:00 P.M. on the Mall at the Governor's Mansion.

The invitation was accepted.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3996 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, THE SOUTH CAROLINA REINSURANCE FACILITY, AND DESIGNATED PRODUCERS, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY DESIGNATED PRODUCER SHALL PROVIDE A WRITTEN REPORT TO THE FACILITY GOVERNING BOARD EVERY TWO YEARS, ON THE ANNIVERSARY DATE OF THEIR DESIGNATIONS, OUTLINING ALL EFFORTS MADE TO ATTRACT A VOLUNTARY MARKET IN ORDER TO REDUCE THE PLACEMENT OF AUTOMOBILE INSURANCE IN THE FACILITY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-77-596 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON NOTIFICATION TO THE GOVERNING BOARD OF THE REINSURANCE FACILITY, DESIGNATED PRODUCERS MAY CONTRACT WITH A VOLUNTARY MARKET OUTLET FOR ANY TYPE OF AUTOMOBILE INSURANCE CEDEABLE TO THE FACILITY.

Ordered for consideration tomorrow.


Printed Page 2912 . . . . . Wednesday, May 3, 1995

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

S. 9 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Stilwell, Courtney, Jackson, Rose and Giese: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990 COMMENCING WITH THE 1996 GENERAL ELECTION, TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE APPROPRIATE OFFICIAL OF THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-60, AS AMENDED, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4178 -- Reps. Shissias, P. Harris, Chamblee, McTeer, D. Smith and Carnell: A JOINT RESOLUTION DIRECTING THE GOVERNOR TO APPOINT A TASK FORCE TO DEVELOP A PLAN TO RESTRUCTURE AND CONSOLIDATE STATE LEVEL PROGRAMS WHICH PLAN, FUND, REGULATE, AND DELIVER LONG-TERM CARE SERVICES FOR THE ELDERLY; AND TO DEVELOP A PLAN WHICH ADDRESSES LOCAL LEVEL COORDINATION OF THESE SERVICES.

Referred to Committee on Ways and Means.


Printed Page 2913 . . . . . Wednesday, May 3, 1995

H. 4179 -- Reps. Askins and Lanford: A BILL TO AMEND SECTION 16-11-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAMAGING OR DESTROYING A BUILDING, VEHICLE, OR OTHER PROPERTY BY MEANS OF EXPLOSIVE OR INCENDIARY, SO AS TO REQUIRE THAT A PERSON MUST SUFFER THE DEATH PENALTY WHO WILFULLY AND UNLAWFULLY DAMAGES OR DESTROYS OR ATTEMPTS TO DAMAGE OR DESTROY CERTAIN PROPERTY BY MEANS OF AN EXPLOSIVE OR INCENDIARY AND CAUSES DEATH.

Referred to Committee on Judiciary.

H. 4180 -- Reps. Vaughn, Herdklotz, Cato, Easterday, Jaskwhich, Tripp, Rice, Anderson and McMahand: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GREENVILLE COUNTY VOTING PRECINCTS, SO AS TO CHANGE POLLING PLACES, RENAME PRECINCTS, AND ADD PRECINCTS.

On motion of Rep. VAUGHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 731 -- Senator Moore: A BILL TO AMEND SECTION 40-45-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATION OF PHYSICAL THERAPISTS, SO AS TO ESTABLISH THE PASSING SCORE FOR EXAMINATIONS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 806 -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DAVID WELLS, JR., OF ALCOLU FOR HIS EXEMPLARY SERVICE TO HIS COMMUNITY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 809 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE


Printed Page 2914 . . . . . Wednesday, May 3, 1995

MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF C. EDGAR WILLIAMS, JR., OF ROCK HILL, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

ROLL CALL

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

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, H.
Brown, J.        Brown, T.        Canty
Cato             Cave             Chamblee
Clyburn          Cobb-Hunter      Cotty
Cromer           Dantzler         Delleney
Easterday        Elliott          Fleming
Gamble           Govan            Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Herdklotz        Hines
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Keyserling       Kinon
Kirsh            Knotts           Lanford
Limbaugh         Littlejohn       Lloyd
Marchbanks       McAbee           McCraw
McKay            McMahand         McTeer
Meacham          Neilson          Rice
Riser            Rogers           Sandifer
Seithel          Sharpe           Sheheen
Simrill          Smith, D.        Smith, R.
Spearman         Stoddard         Stuart
Thomas           Trotter          Tucker
Vaughn           Walker           Wells
Whipper, L.      Whipper, S.      Wilder
Wilkins          Williams         Wofford
Worley           Wright           Young, J.



Printed Page 2915 . . . . . Wednesday, May 3, 1995

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, May 3.

Thomas N. Rhoad          Alma W. Byrd
James N. Law             Dave C. Waldrop, Jr.
William D. Witherspoon   Bradley D. Cain
H.B. Limehouse, III      Alfred B. Robinson, Jr.
James S. Klauber         Annette Young
Olin R. Phillips         Leon Howard
Rudolph M. Mason         James H. Hodges
Juanita M. White         Ronald P. Townsend
Daniel T. Cooper         L. Morgan Martin
G. Ralph Davenport, Jr.  Timothy C. Wilkes
Grady A. Brown           Larry L. Koon
Michael L. Fair          Scott H. Richardson
Harry C. Stille          John L. Scott, Jr.
Kenneth Kennedy          Dan L. Tripp
Ronald C. Fulmer         June S. Shissias
Bessie Moody-Lawrence    Richard M. Quinn, Jr.
Marion P. Carnell        Joseph H. Neal
C. Alex Harvin, III      John G. Felder
Terry E. Haskins

Total Present--121

LEAVES OF ABSENCE

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

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

DOCTOR OF THE DAY

Announcement was made that Dr. Beverly Simons of Columbia is the Doctor of the Day for the General Assembly.

RECORD FOR JOURNAL

I missed yesterday and part of today due to illness.

Rep. RICHARD M. QUINN, JR.


Printed Page 2916 . . . . . Wednesday, May 3, 1995

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 4170 -- Reps. Rhoad and Cave: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS SHALL RECEIVE COMPENSATION OF ONE THOUSAND TWO HUNDRED DOLLARS EACH CALENDAR YEAR.

H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.

H. 4144 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1835, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.

H. 3852 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE


Printed Page 2917 . . . . . Wednesday, May 3, 1995

ENFORCEMENT OF PHYSICAL FITNESS SERVICES CONTRACTS, SO AS TO PROVIDE THEY ARE UNENFORCEABLE IF THE CONTRACT DOES NOT COMPLY WITH STATE OR FEDERAL LAW; TO AMEND SECTION 44-79-70, RELATING TO RIGHTS AGAINST SUCCESSORS TO CONTRACT, SO AS TO PROVIDE THAT NO PURCHASER OF A CONTRACT ASSOCIATED WITH PROVIDING PHYSICAL FITNESS SERVICES MAY COLLECT ON THE CONTRACT OR REPORT A DELINQUENCY UNDER THE CONTRACT IF THE CONTRACT IS IN VIOLATION OF THE CHAPTER; AND TO AMEND SECTION 44-79-80, RELATING TO FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO INCLUDE IN THE EXEMPTION FROM CERTAIN REQUIREMENTS, FACILITIES THAT HAVE BEEN IN CONTINUOUS OPERATION FOR TEN OR MORE YEARS.

S. 773--TABLED

The following Bill was taken up.

S. 773 -- Senator Lander: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR SALUDA COUNTY AND TO ABOLISH THE SALUDA COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF SALUDA COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

Rep. SPEARMAN moved to table the Bill, which was agreed to.

S. 533--OBJECTIONS

The following Bill was taken up.

S. 533 -- Finance Committee: 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 ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN


Printed Page 2918 . . . . . Wednesday, May 3, 1995

THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.

Reps. SHEHEEN, CAVE, KIRSH, WHITE and COBB-HUNTER objected to the Bill.

S. 602--DEBATE ADJOURNED

Rep. BAILEY moved to adjourn debate upon the following Bill until Tuesday, May 9, 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 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND


Printed Page 2919 . . . . . Wednesday, May 3, 1995

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.

H. 3870--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3870 -- Rep. Walker: A BILL TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES AND PROVISIONS LIMITING COVERAGE FOR PREEXISTING CONDITIONS, SO AS TO PROVIDE THAT POLICIES OF DISABILITY INCOME INSURANCE MAY EXCLUDE COVERAGE FOR DISABILITIES BEGINNING DURING THE FIRST TWENTY-FOUR MONTHS AFTER THE EFFECTIVE DATE OF COVERAGE WHICH RESULT FROM A PREEXISTING CONDITION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10194JM.95), which was adopted.

Amend the bill, as and if amended, by striking Section 38-71-730(4), as contained in SECTION 1 and inserting:

/"(4) The policies may contain a provision limiting coverage for preexisting conditions. The preexisting conditions must be covered no later than twelve months without medical care, treatment, or supplies ending after the effective date of the coverage or twelve months after the effective date of the coverage, whichever occurs first. Policies of disability income insurance may exclude coverage for disabilities beginning during the first twelve months after the effective date of coverage which result from a preexisting condition. Preexisting conditions


Printed Page 2920 . . . . . Wednesday, May 3, 1995

are defined as `those conditions for which medical advice or treatment was received or recommended no more than twelve months before the effective date of a person's coverage'. However, whenever a covered person moves from one insured group to another, the insurer of the group to which the covered person moves shall give credit for the satisfaction of the preexisting condition period or portion thereof already served under the prior plan if the coverage is selected when the person first becomes eligible and the coverage is continuous to a date not more than thirty days prior to the effective date of the new coverage. Service under a probationary waiting period required by the employer is not considered to interrupt continuous service."/


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