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 3260, May 9 | Printed Page 3281, May 10 |

Printed Page 3270 . . . . . Wednesday, May 10, 1995

H. 3690--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

The Senate amendments to the following Joint Resolution were taken up for consideration.

H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.

Rep. H. BROWN proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\PFM\7481HTC.95), which was adopted.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting the joint resolution as passed by the House of Representatives.

Amend title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.

H. 3363--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

The Senate amendments to the following Joint Resolution were taken up for consideration.

H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.


Printed Page 3271 . . . . . Wednesday, May 10, 1995

Rep. H. BROWN proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\PFM\7480HTC.95), which was adopted.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting the joint resolution as passed by the House of Representatives.

Amend title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4201 -- Reps. White, Keyserling, Richardson, Lloyd and McTeer: A CONCURRENT RESOLUTION TO CONGRATULATE THE BEAUFORT MARINE INSTITUTE ON ITS TENTH ANNIVERSARY AND TO RECOGNIZE EACH OF THE SIX MARINE INSTITUTES OF THE STATE OF SOUTH CAROLINA FOR THEIR DEDICATION TO JUVENILE REFORM AND TO COMMEND BEAUFORT MARINE INSTITUTE IN PARTICULAR FOR ITS OUTSTANDING EFFORTS ON BEHALF OF THE YOUTH OF THIS STATE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4202 -- Rep. Wilder: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DR. CHARLES L. CUMMINS, JR., FOR HIS SUPPORT AND ENCOURAGEMENT FOR STUDENT ATHLETES DURING HIS TWENTY-FOUR YEARS AS SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56.

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


Printed Page 3272 . . . . . Wednesday, May 10, 1995

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 824 -- Senator Leatherman: A CONCURRENT RESOLUTION TO COMMEND JOHN E. MILLER OF FLORENCE, PUBLISHER OF THE FLORENCE MORNING NEWS AND GROUP PUBLISHER FOR THE CAROLINA GROUP OF THE THOMSON NEWSPAPERS CORPORATION (TNC) WHICH INCLUDES THE FLORENCE MORNING NEWS, FOR HIS TRULY DISTINGUISHED SERVICE IN THESE CAPACITIES AND EXTEND TO HIM EVERY BEST WISH AS HE ASSUMES THE NEW POSITION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE ACADIANA STRATEGIC MARKETING GROUP OF TNC IN LAFAYETTE, LOUISIANA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 825 -- Senator Waldrep: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT NEWSPAPER EDITORS, JAMES A. BROWN OF ANDERSON, WHO PASSED AWAY THURSDAY, APRIL 27, 1995.

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

INTRODUCTION OF BILLS

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

H. 4203 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

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

S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 3273 . . . . . Wednesday, May 10, 1995

SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

Referred to Committee on Ways and Means.

ROLL CALL

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

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Brown, T.
Cain             Canty            Carnell
Cato             Cave             Chamblee
Cobb-Hunter      Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Elliott
Fair             Fleming          Fulmer
Gamble           Govan            Hallman
Harrell          Harris, J.       Harris, P.
Haskins          Herdklotz        Hines
Hodges           Howard           Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Keyserling       Kinon            Kirsh
Knotts           Koon             Law
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Martin
Mason            McAbee           McCraw
McKay            McTeer           Moody-Lawrence
Neilson          Phillips         Rhoad
Rice             Richardson       Riser
Robinson         Rogers           Sandifer
Scott            Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stoddard         Stuart
Thomas           Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, L.      Whipper, S.


Printed Page 3274 . . . . . Wednesday, May 10, 1995

White            Wilder           Wilkes
Wilkins          Williams         Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, May 10. Joseph H. Neal John G. Felder Becky Meacham James H. Harrison William Clyburn Steve P. Lanford Alma W. Byrd Kenneth Kennedy Joseph T. McElveen, Jr. James S. Klauber B. Hicks Harwell

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. McMAHAND a leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Warren Y. Adkins of Mt. Pleasant is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. STUART and the Lexington County Delegation presented to the House the Swansea High School "Lady Tigers" Varsity Basketball Team, winners of the 1995 Class AA state championship, and the Swansea High School Wrestling Team, winners of the 1995 A-AA state championship, their coaches and other school officials.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 802 -- Senators Mescher, Rose and Richter: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION


Printed Page 3275 . . . . . Wednesday, May 10, 1995

REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

ORDERED TO THIRD READING

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

H. 4198 -- Reps. Koon, Gamble, Knotts, Wright, Stuart and Riser: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.

Rep. RICHARDSON explained the Bill.

S. 687 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS REGULATION


Printed Page 3276 . . . . . Wednesday, May 10, 1995

DOCUMENT NUMBER 1827, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. CARNELL explained the Joint Resolution.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

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.

H. 3057--OBJECTIONS

The following Bill was taken up.

H. 3057 -- Reps. Tucker, Simrill, Wofford, D. Smith, Haskins, Vaughn, Harrison, Cooper, Limbaugh, Elliott, Richardson, Gamble, Stuart, Phillips, Knotts and Spearman: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.

Reps. TUCKER, LIMBAUGH, WOFFORD, CARNELL, P. HARRIS, SPEARMAN, KNOTTS, J. YOUNG and S. WHIPPER objected to the Bill.


Printed Page 3277 . . . . . Wednesday, May 10, 1995

S. 126--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5950HTC.95), which was adopted.

Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:

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

"Section 9-9-55. Notwithstanding any other provision of law, any member of the General Assembly who served in the General Assembly any portion of a year may establish credit for the entire year by paying the full actuarial cost as determined by the Retirement System for members of the General Assembly."

SECTION ___. Section 9-9-50(4) of the 1976 Code is amended to read:

"(4) Any A member with two or more years of credited service shall receive additional credited service for the period of his military service, including service in the South Carolina National Guard, at the rate of one year of military or National Guard service for each two years of his credited service excluding any period of credited military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and if provided that he shall pay pays to the system, by a single payment prior to his retirement or death or by such other method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to his before becoming a member of the General Assembly, such the payments by the member, as described in the foregoing sentence, shall must be determined


Printed Page 3278 . . . . . Wednesday, May 10, 1995

on the basis of his earnable compensation at the time he first became a member of the system. Provided, however, no No member shall receive credit for more than six years of military service and no member may receive credit for service performed after 1975."

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. GAMBLE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7478HTC.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


Printed Page 3279 . . . . . Wednesday, May 10, 1995

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, 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.

Rep. BOAN explained the Bill.

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

S. 753--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Bill until Thursday, May 11, 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


Printed Page 3280 . . . . . Wednesday, May 10, 1995

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 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.


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