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 2920, May 3 | Printed Page 2940, May 3 |

Printed Page 2930 . . . . . Wednesday, May 3, 1995

"Section 12-36-30. `Person' includes any individual, firm, partnership, limited liability company, association, corporation, receiver, trustee, any group or combination acting as a unit, the State, any state agency, any instrumentality, authority, political subdivision, or municipality."

SECTION ___. Section 12-36-2120(3) of the 1976 Code, as added by Act 612 of 1990, is amended to read:

"(3) (a) textbooks, books, magazines, and periodicals, newspapers, and access to on-line information systems sold to primary and secondary schools and institutions of higher learning for use in used as a part of a course of study in primary and secondary schools and institutions of higher learning or for students' use in the school library of these schools and institutions;, and all

(b) books, magazines, and periodicals, newspapers, and access to on-line information systems sold to publicly supported state, county, or regional libraries which are open to the public without charge;
Items in this category may be in any form, including microfilm, microfiche, and CD ROM;"

SECTION ___. Section 12-36-2120(45) of the 1976 Code, as added by Act 171 of 1991, is amended to read:

"(45) gross proceeds from the sale of building materials, supplies, fixtures, and equipment for the construction, repair, or improvement of or that become a part of a self-contained enclosure or structure specifically designed, constructed, and used for the commercial housing of poultry or livestock."/

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON explained the amendment.

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

RECURRENCE TO THE MORNING HOUR

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


Printed Page 2931 . . . . . Wednesday, May 3, 1995

REPORT OF STANDING COMMITTEE

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 126 -- Senators Land and Washington: A BILL TO AMEND SECTION 9-8-110(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE THE PROVISION TERMINATING BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER ON HER REMARRIAGE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4181 -- Reps. R. Smith, Sharpe, Clyburn, Huff, Spearman and Mason: A CONCURRENT RESOLUTION SALUTING BOBBY RUTLAND OF AIKEN COUNTY FOR HIS COMMITMENT TO IMPROVING AND DEVELOPING THE USE OF, AND ACTIVITIES SURROUNDING, LANGLEY POND IN AIKEN COUNTY AS A TRAINING SITE FOR THE 1996 OLYMPIC ROWING TEAMS, AND RECOGNIZING MR. RUTLAND AS A "SOUTH CAROLINA STAR".

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4182 -- Reps. Vaughn, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, 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,


Printed Page 2932 . . . . . Wednesday, May 3, 1995

Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION CONGRATULATING THE MICHELIN COMPANY ON ITS TWENTIETH ANNIVERSARY OF MANUFACTURING AND RESEARCH AND DEVELOPMENT IN THE UNITED STATES, AND COMMENDING MICHELIN, THE NUMBER ONE LEADER IN WORLDWIDE TIRE SALES AND TIRE TECHNOLOGY, FOR ITS NUMEROUS CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND FOR STANDING AS THE EXEMPLARY BENCHMARK FOR ALL OTHER COMPANIES IN THE PALMETTO STATE.

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

S. 357--AMENDED AND ORDERED TO THIRD READING

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

S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1 by the Committee on Ways and Means.

Rep. ROBINSON continued speaking.

The amendment was then adopted.

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


Printed Page 2933 . . . . . Wednesday, May 3, 1995

ORDERED TO THIRD READING

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

H. 4157 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION-REAL ESTATE APPRAISERS BOARD, RELATING TO LICENSING, CERTIFICATION, FEES, AND CONTINUING EDUCATION OF REAL ESTATE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1766, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. ELLIOTT explained the Joint Resolution.

H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.

Rep. ROBINSON explained the Bill.

S. 767 -- Senators Matthews and Williams: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE


Printed Page 2934 . . . . . Wednesday, May 3, 1995

STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.

S. 669 -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 44-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION ENTERING INTO CONTRACTS WITH OTHER AGENCIES, SO AS TO EXPAND WITH WHOM THE COMMISSION MAY CONTRACT FOR ELIGIBILITY DETERMINATIONS.

Rep. NEAL explained the Bill.

H. 4159--DEBATE ADJOURNED

The following Bill was taken up.

H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.

Rep. LANFORD explained the Bill.

Rep. LANFORD moved to adjourn debate upon the Bill, which was adopted.

H. 3416--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

Rep. McTEER proposed the following Amendment No. 1, which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered sub-section at the end of subsection B:


Printed Page 2935 . . . . . Wednesday, May 3, 1995

( ) the number of out-of-state students and the total number of students in each academic program.

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

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

H. 4037--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4037 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD FORMER COUNTY COUNCIL MEMBERS WHO SERVED AT LEAST TWELVE YEARS ON COUNTY COUNCIL AND TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS UNDER THE PLAN.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5868HTC.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Section 1-11-730 of the 1976 Code, as last amended by Act 342 of 1994, is further amended by adding at the end:

"(F) A former municipal or county council member of a county or municipality which participates in the state health and dental insurance plans who served on the council for at least twelve years and who was covered under the plans at the time of termination is eligible to maintain coverage under the plans if the former member pays the full employer and employee contributions and if the county or municipal council elects to allow this coverage for former members."/

Reletter to conform.

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.


Printed Page 2936 . . . . . Wednesday, May 3, 1995

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

S. 463--DEBATE ADJOURNED

Rep. SANDIFER moved to adjourn debate upon the following Bill, which was adopted.

S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.

H. 4159--RECONSIDERED AND DEBATE ADJOURNED

Rep. LANFORD moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.

Rep. LANFORD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7451BDW.95).

Amend the bill, as and if amended, Section 12-21-3495, page 1, line 20, by striking /Profits/ and inserting /Proceeds after expenses/.

Amend title to conform.

Rep. LANFORD explained the amendment and moved to adjourn debate upon the Bill until Thursday, May 4, which was adopted.


Printed Page 2937 . . . . . Wednesday, May 3, 1995

H. 3203--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to H. 3203 however, other objections remained upon the Bill.

H. 3779--OBJECTIONS WITHDRAWN, AMENDED AND

ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. SCOTT and COOPER the following Bill was taken up.

H. 3779 -- Reps. Elliott, Knotts, Littlejohn, Cato, Simrill, Cain, Mason, Govan, Stuart, Delleney, Neilson, Stille, Tucker, Jennings, Hines, R. Smith, T. Brown, Wright and Riser: A BILL TO AMEND SECTION 40-57-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE BROKERS AND SALES AGENTS, SO AS TO APPLY THE REQUIREMENTS TO REAL ESTATE PROPERTY MANAGERS, AND PROVIDE THAT, FOR PROPERTY MANAGERS, THE EIGHT HOURS MUST INCLUDE A MINIMUM OF TWO HOURS OF INSTRUCTION ON FEDERAL AND STATE LAWS AFFECTING PROPERTY MANAGERS AND THAT THE REMAINING HOURS MUST INCLUDE PROPERTY MANAGEMENT RELATED COURSES.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 2, by the Committee on Labor, Commerce and Industry.

Rep. ELLIOTT explained the amendment.

The amendment was then adopted.

Rep. CATO proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\10262JM.95), which was adopted.

Amend the Committee Report, as and if amended, page 3779-1, line 30, by inserting /licensed/ between /or/ and /property/.

Amend further, line 35, by inserting /licensed/ between /For/ and /property/.

Amend title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.


Printed Page 2938 . . . . . Wednesday, May 3, 1995

Rep. BAILEY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1969AC.95), which was adopted.

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

/"SECTION . Section 40-57-155(H) of the 1976 Code, as last amended by Act 476 of 1994, is further amended to read:

(H) A licensee upon reaching the age of sixty-five fifty-five, with a minimum of twenty-five years of licensure, is exempt from the requirements of this section."/

Amend title to conform.

Rep. ELLIOTT explained the amendment.

The amendment was then adopted.

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

S. 48--OBJECTIONS WITHDRAWN

Reps. WELLS and STODDARD withdrew their objections to S. 48 however, other objections remained upon the Bill.

H. 3838--MOTION TO RECONSIDER TABLED

The motion of Rep. BAXLEY to reconsider the vote whereby the following Bill was given a third reading was taken up.

H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.

Rep. CATO moved to table the motion to reconsider and demanded the yeas and nays, which were taken resulting as follows:

Yeas 73; Nays 20



Printed Page 2939 . . . . . Wednesday, May 3, 1995

Those who voted in the affirmative are:
Allison          Askins           Boan
Cain             Cato             Chamblee
Cooper           Cotty            Cromer
Dantzler         Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harris, J.       Harrison
Herdklotz        Hodges           Jaskwhich
Jennings         Keegan           Kelley
Keyserling       Kirsh            Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McAbee
McCraw           McKay            Meacham
Neilson          Phillips         Quinn
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, R.        Spearman
Stoddard         Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Wilder           Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, J.

Total--73

Those who voted in the negative are:

Anderson         Baxley           Breeland
Byrd             Cave             Clyburn
Cobb-Hunter      Delleney         Govan
Harris, P.       Howard           Kinon
Lloyd            Moody-Lawrence   Neal
Scott            Whipper, L.      Whipper, S.
White            Williams

Total--20

So, the motion to reconsider was tabled.


| Printed Page 2920, May 3 | Printed Page 2940, May 3 |

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