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 3070, May 9 | Printed Page 3090, May 9 |
Printed Page 3080 . . . . . Tuesday, May 9, 1995
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Yeas 67; Nays 27

Those who voted in the affirmative are:

Allison          Anderson         Askins
Baxley           Beatty           Boan
Breeland         Brown, H.        Brown, J.
Byrd             Cain             Cave
Clyburn          Cobb-Hunter      Davenport
Delleney         Elliott          Felder
Fulmer           Govan            Hallman
Harris, P.       Harvin           Haskins
Herdklotz        Hines            Jaskwhich
Keyserling       Knotts           Lanford
Limbaugh         Lloyd            Marchbanks
Martin           McAbee           McCraw
McKay            McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Rice             Riser
Robinson         Scott            Seithel
Sharpe           Sheheen          Shissias
Smith, R.        Spearman         Thomas
Tucker           Vaughn           Waldrop
Wells            Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Williams         Witherspoon      Worley
Young, J.

Total--67

Those who voted in the negative are:

Bailey           Cato             Chamblee
Cotty            Easterday        Gamble
Harrell          Keegan           Kirsh
Klauber          Koon             Law
Limehouse        Littlejohn       Mason
Meacham          Richardson       Sandifer
Simrill          Stille           Stoddard

Printed Page 3081 . . . . . Tuesday, May 9, 1995
Stuart           Townsend         Tripp
Walker           Wilkins          Young, A.

Total--27

So, the Bill was recommitted.

S. 126--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the following Bill until Wednesday, May 10, which was adopted.

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.

S. 753--DEBATE ADJOURNED

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

S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING

Printed Page 3082 . . . . . Tuesday, May 9, 1995
SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.

H. 3772--OBJECTIONS

The following Joint Resolution was taken up.

H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE

Printed Page 3083 . . . . . Tuesday, May 9, 1995
FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Reps. SIMRILL, HERDKLOTZ, MARCHBANKS, TRIPP, COOPER, EASTERDAY, DAVENPORT, CAIN, SCOTT, BYRD, LLOYD, HINES, S. WHIPPER, SANDIFER, LIMBAUGH, WELLS, KLAUBER and A. YOUNG objected to the Joint Resolution.

H. 4188--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4188 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS; TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760; AND TO PROVIDE FOR A REVIEW OF THESE THRESHOLD AMOUNTS EVERY THREE YEARS.

Rep. MEACHAM proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10284JM.95), which was adopted.

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

/SECTION 1. Section 38-73-455(A)(3) of the 1976 Code is amended to read:

"(3) has had two or more `chargeable' accidents within the thirty-six months immediately preceding the effective date of coverage. A `chargeable' accident is defined as one resulting in bodily injury to any person in excess of three six hundred dollars per person, death, or damage to the property of the insured or other person in excess of seven hundred fifty one thousand dollars. These thresholds must be adjusted periodically by regulation of the Director of the Department of Insurance based upon changes in the Consumer Price Index. Accidents occurring under the circumstances enumerated below are not considered chargeable.:

(a) The automobile was lawfully parked. An automobile rolling from a parked position is not considered as lawfully parked but is considered as operated by the last operator.

Printed Page 3084 . . . . . Tuesday, May 9, 1995
(b) The applicant or other operator or owner was reimbursed by or on behalf of a person responsible for the accident or has a judgment against this person.

(c) The automobile of an applicant or other operator was struck in the rear by another vehicle and the applicant or other operator has not been convicted of a moving traffic violation in connection with the accident.

(d) The operator of the other automobile involved in the accident was convicted of a moving traffic violation and the applicant or other operator was not convicted of a moving traffic violation in connection therewith.

(e) An automobile operated by the applicant or other operator is damaged as a result of contact with a `hit and run' driver, if the applicant or other operator so reports the accident to the proper authority within twenty-four hours or, if the person is injured, as soon as the person is physically able to do so.

(f) Accidents involving damage by contact with animals or fowl.

(g) Accidents involving physical damage, limited to and caused by flying gravel, missiles, or falling objects.

(h) Accidents occurring as a result of the operation of any automobile in response to an emergency if the operator at the time of the accident was responding to a call of duty as a paid or volunteer member of any police or fire department, first aid squad, or any law enforcement agency. This exception does not include an accident occurring after the emergency situation ceases or after the private passenger motor vehicle ceases to be used in response to the emergency; or".

SECTION 2. The threshold amounts of six hundred dollars and one thousand dollars set forth in the introductory paragraph of Section 38-73-455(A)(3) of the 1976 Code, as amended by Section 1 of this act, apply only to accidents occurring after June 30, 1995, and also apply to any merit rating plan promulgated by the Director of the Department of Insurance or his designee pursuant to Section 38-73-760 of the 1976 Code.

SECTION 3. Except as may be provided otherwise in this act, this act takes effect upon approval by the Governor./

Amend title to conform.

Rep. RICHARDSON explained the amendment.

The amendment was then adopted.

Printed Page 3085 . . . . . Tuesday, May 9, 1995
Rep. RICHARDSON explained the Bill.

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

Rep. HODGES moved that the House recede until 2:30 P.M., which was adopted.

Further proceedings were interrupted by the House receding.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

LEAVES OF ABSENCE

The SPEAKER granted Reps. THOMAS, CANTY, D. SMITH and DELLENEY a leave of the House due to the Judicial Screening Committee meeting.

S. 687--POINT OF ORDER

The following Joint Resolution was taken up.

S. 687 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1827, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. P. HARRIS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 9--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 9 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Stilwell, Courtney, Jackson, Rose and Giese: A BILL TO ADOPT THE

Printed Page 3086 . . . . . Tuesday, May 9, 1995
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.

The Judiciary Committee proposed the following Amendment No. 1 (DOC. NO. SPEC\REPORTS\TECH2.SEN), which was adopted.

SECTION 1. Amend the bill, as and if amended, in Section 2-1-65, in the 1976 Code, in District 39, page 124, line 34 by striking "Elcoree" and inserting "Elloree".

SECTION 2. Amend the bill, as and if amended, in Section 2-1-65 of the 1976 Code, as amended, by striking Senate Districts 16, 17, 18, 28, 29, 30, 31, 32, 37, 41, 43, and 44 and inserting:
DISTRICT 16

Area. . . . .Population

Fairfield County

DUTCHMANS CREEK. . . . . 679

GLADDEN GROVE. . . . . 84

HICKORY RIDGE

Tract 9605.00

Blocks: 101, 102, 103. . . . . 33

LEBANON . . . . . 1,048

MITFORD . . . . . 1,380

Printed Page 3087 . . . . . Tuesday, May 9, 1995
RIDGEWAY

Tract 9603.00

Blocks: 140, 141, 142, 186, 190. . . . . 15

SOUTH WINNSBORO. . . . . 1,155

WHITE OAK

Tract 9602.00

Blocks: 141A, 158, 159, 162. . . . . 69

WINNSBORO 1

Tract 9602.00

Blocks: 363, 364, 365, 366. . . . . 31

Tract 9604.00

Blocks: 301A, 301B, 302A, 302B, 303, 304, 305, 307, 308, 310, 321, 322A, 322B, 323, 324A, 324B, 325, 326, 327B, 401, 403, 404, 405, 406, 407, 408, 409, 410, 411, 416, 417. . . . . 520

WINNSBORO 2

Tract 9602.00

Blocks: 301, 304, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 367, 368, 369, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386. . . . . 427

Tract 9603.00

Blocks: 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 189. . . . . 0

Tract 9604.00

Blocks: 101, 102, 103A, 103B, 104, 105, 106A, 106B, 107A, 107B, 108A, 108B, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118A, 118B, 119, 120, 121, 122A, 122B, 123A, 123B, 123C, 124, 125, 126, 127A, 127B, 127C, 128, 129B, 130, 131, 133, 134, 137, 138, 139, 140, 141, 142A, 142B, 144, 145, 146. . . . . 808

WINNSBORO MILLS. . . . . 1,620

WOODWARD

Tract 9602.00

Blocks: 140, 141B, 142, 143, 144, 145, 146, 148, 160, 161, 167, 168, 169, 170, 171. . . . . 36

Lancaster County

ANTIOCH . . . . . 1,089

BELAIRE . . . . . 1,353

Printed Page 3088 . . . . . Tuesday, May 9, 1995
CAMP CREEK. . . . . 974

CARMEL . . . . . 584

CHESTERFIELD AVENUE. . . . . 1,678

DIXIE . . . . . 733

DOUGLAS . . . . . 2,820

DWIGHT . . . . . 631

ELGIN . . . . . 1,988

ERWIN FARM. . . . . 2,341

FLINT RIDGE. . . . . 363

FORK HILL. . . . . 383

GOOCHS CROSS ROADS. . . . . 2,462

HEATH SPRINGS. . . . . 1,343

HYDE PARK. . . . . 2,625

JACKSONHAM. . . . . 2,240

KERSHAW 1. . . . . 823

KERSHAW HEALTH CENTER. . . . . 1,548

KERSHAW MILL. . . . . 1,317

LANCASTER EAST. . . . . 3,792

LANCASTER WEST. . . . . 1,751

LYNWOOD DRIVE. . . . . 2,554

OAK RIDGE. . . . . 902

PLEASANT HILL. . . . . 765

PLEASANT VALLEY. . . . . 3,272

PRIMUS . . . . . 254

RICH HILL. . . . . 454

RIVERSIDE. . . . . 1,678

SPRINGS MILL 1. . . . . 1,194

SPRINGS MILL. . . . . 1,344

UNION . . . . . 499

UNITY . . . . . 1,070

VAN WYCK. . . . . 871

WYLIE PARK. . . . . 2,373

York County

FORT MILL NO 2. . . . . 823

FORT MILL NO 1. . . . . 3,289

FORT MILL NO 3. . . . . 3,210

FORT MILL NO 6. . . . . 1,515

FORT MILL NO 4. . . . . 2,505

FORT MILL NO 5. . . . . 2,351

Printed Page 3089 . . . . . Tuesday, May 9, 1995
LESSLIE NO 2

Tract 0612.02

Blocks: 118, 117, 120, 116, 114, 203, 202, 201, 204, 108, 107, 109, 110, 112, 111, 113, 213, 215, 214, 216, 217, 219, 218, 106, 212, 207, 206, 208, 209, 211, 210, 205. . . . . 1,608

Tract 0612.03

Blocks: 201. . . . . 10

Tract 0612.01

Blocks: 108. . . . . 126

Tract 0612.02

Blocks: 101, 104, 105. . . . . 285

TEGA CAY

Tract 0610.02

Blocks: 201, 202A, 202B, 205B, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232. . . . . 1,348

DISTRICT TOTAL. . . . . 75,043

PERCENT VARIATION. . . . . -0.996

DISTRICT 17

Area. . . . .Population

Chester County. . . . . 32,170

Fairfield County

BLACKSTOCK. . . . . 97

BLAIRS . . . . . 689

CENTERVILLE. . . . . 268

FEASTERVILLE. . . . . 612

GREENBRIER. . . . . 2,015

HICKORY RIDGE

Tract 9605.00

Blocks: 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117A, 117B, 117C, 118, 119, 120A, 120B, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137,

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