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 4842, June 13 |
Printed Page 4850 . . . . . Tuesday, June 13, 1995
POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that the Resolution was out of order as it was not authorized under the Sine Die Resolution.

The SPEAKER sustained the Point of Order and ruled the Resolution out of order.

COMMITTEE TO NOTIFY THE SENATE

The SPEAKER appointed Reps. ALLISON, BYRD and MEACHAM of a committee to notify the Senate that the House had completed their work and was ready to adjourn Sine Die.

COMMITTEE TO NOTIFY THE GOVERNOR

The SPEAKER appointed Reps. J. HARRIS, WOFFORD and COBB-HUNTER of a committee to notify the Governor that the House had completed their work and was ready to adjourn Sine Die.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Holland, Moore and Courson of the Committee of Free Conference on the part of the Senate on S. 219:
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 219:

Printed Page 4851 . . . . . Tuesday, June 13, 1995
S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M., Thursday, June 15, for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. HASKINS the invitation was accepted.

MOTION ADOPTED

Rep. SHEHEEN moved that the House stand at ease subject to the Ratification of Acts and upon completion, the House stand adjourned Sine Die, which was adopted.

THE HOUSE RESUMES

At 11:29 A.M., Thursday, June 15, the House resumed, the SPEAKER in the Chair.

RATIFICATION OF ACTS

At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.

(R215) S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: AN ACT TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL

Printed Page 4852 . . . . . Thursday, June 15, 1995
OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO REVISE THE CRIMINAL OFFENSES OVER WHICH MAGISTRATES HAVE JURISDICTION AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, AND TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM FRAUDULENT CHECK OR SHOPLIFTING VIOLATIONS AND TO REQUIRE THE MAGISTRATE TO SPECIFY AN AMOUNT OF RESTITUTION AT THE TIME OF SENTENCING IN THESE CASES AS AN ALTERNATIVE TO ANY IMPRISONMENT OF MORE THAN NINETY DAYS; TO AMEND SECTION 16-25-60, AS AMENDED, RELATING TO PERSONS REQUIRED TO APPEAR BEFORE A JUDGE IN CRIMINAL DOMESTIC VIOLENCE CASES, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS FOR SUSPENDING SENTENCE; TO AMEND SECTION 20-4-70 RELATING TO DURATION OF PROTECTION ORDERS IN DOMESTIC ABUSE CASES, SO AS TO FURTHER PROVIDE FOR THE DURATION AND ENFORCEMENT OF THESE ORDERS; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO FRAUDULENT CHECKS, SO AS TO INCREASE THE SERVICE CHARGES WHICH MAY BE IMPOSED IN CONNECTION WITH SUCH CHECKS AND CERTAIN NOTICE REQUIREMENTS UNDER THE SECTION; TO AMEND SECTION 56-5-765 RELATING TO INVESTIGATIONS OF TRAFFIC COLLISIONS INVOLVING MOTOR VEHICLES OR MOTORCYCLES OF LAW ENFORCEMENT AGENCIES, SO AS TO FURTHER PROVIDE FOR THE TYPES OF COLLISIONS TO WHICH THE SECTION APPLIES AND THE AUTHORITY OF THE LAW ENFORCEMENT AGENCY INVOLVED TO INVESTIGATE THE COLLISION; TO ADD SECTION 56-5-2780 SO AS TO PROVIDE THE PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS INCLUDING PROVIDING FOR A FELONY IF THE VIOLATION CAUSES GREAT BODILY INJURY OR DEATH TO A PEDESTRIAN; AND TO AMEND SECTION 56-5-2775, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS AND FOR UNLAWFULLY PASSING OR PROCEEDING AT TRAFFIC OR RAILROAD CROSSINGS, SO AS TO DELETE REFERENCES TO PENALTIES FOR UNLAWFULLY PASSING A STOPPED SCHOOL BUS WHICH ARE NOW PROVIDED IN SECTION 56-5-2780.

Printed Page 4853 . . . . . Thurdsday, June 15, 1995
(R216) S. 126 -- Senators Land and Washington: AN ACT TO AMEND SECTION 9-1-1650 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMOUNTS PAID AT TERMINATION OF EMPLOYMENT AND CERTAIN ELECTIONS UNDER THE STATE RETIREMENT SYSTEM SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES; TO AMEND SECTION 9-8-110 RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME SECONDARY BENEFICIARIES AND TO DELETE THE PROVISION TERMINATING CERTAIN BENEFITS PAID TO THE SURVIVING SPOUSE OF A MEMBER UPON REMARRIAGE; TO ADD SECTION 9-9-55 SO AS TO PROVIDE THAT 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 THEREOF; TO AMEND SECTION 9-9-100, AS AMENDED, RELATING TO PAYMENTS ON THE DEATH OF A MEMBER OR BENEFICIARY OF THE GENERAL ASSEMBLY RETIREMENT SYSTEM, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES; AND TO AMEND SECTION 9-11-110 RELATING TO LUMP SUM BENEFITS PAID IN THE EVENT OF DEATH OF A MEMBER OF THE POLICE OFFICER'S RETIREMENT SYSTEM PRIOR TO RETIREMENT, SO AS TO PERMIT AN ACTIVE CONTRIBUTING MEMBER TO NAME CONTINGENT BENEFICIARIES.

(R217) H. 3647 -- Ways and Means Committee: AN ACT TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATION ON GENERAL FUND APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROHIBIT APPROPRIATIONS OF SURPLUS REVENUES BEFORE THE CLOSING OF THE STATE'S BOOKS FOR A FISCAL YEAR AND TO PROVIDE THAT THE AMOUNT UNAVAILABLE FOR APPROPRIATION IN THE ANNUAL GENERAL APPROPRIATIONS ACT PURSUANT TO THE LIMITATION, AFTER TRANSFER TO THE GENERAL FUND OF AMOUNTS NECESSARY TO OFFSET A RECOGNIZED BUDGET SHORTFALL FOR THE YEAR FOR WHICH THE LIMITATION

Printed Page 4854 . . . . . Thursday, June 15, 1995
APPLIED, IS APPROPRIATED TO THE PROPERTY TAX RELIEF FUND.

(R218) H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES AND TO PROVIDE FOR THE EXPENDITURE OF THESE APPROPRIATIONS, TO APPROPRIATE FUNDS FOR ARENA PROJECTS CONTINGENT UPON RECEIPT OF AN EQUIVALENT AMOUNT FROM THE SOUTHEAST COMPACT FOR LOW-LEVEL NUCLEAR WASTE AND THE APPROVAL OF A FINANCING PLAN BY THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE REDUCTION OF THE BALANCE OF THE INTERGOVERNMENTAL LOAN MADE TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY BY AN AMOUNT EQUAL TO THE VALUE OF THE IMPROVEMENTS MADE WITH LOAN PROCEEDS AND PROVIDE FOR VALUATION OF THE ASSETS, TO PROVIDE FOR THE USE OF UNALLOCATED FISCAL YEAR 1994-95 EDUCATION FINANCE ACT FUNDS, TO PROVIDE FOR FTE AND APPROPRIATIONS TRANSFERS BETWEEN THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF PUBLIC SAFETY, TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-80 SO AS TO PROVIDE PROCEDURES FOR THE NOTICE REQUIREMENTS FOR ADOPTING LOCAL GOVERNMENT AND SCHOOL DISTRICT BUDGETS, AND TO AMEND SECTIONS 44-2-20, 44-2-50, AND 44-2-80, ALL AS AMENDED, RELATING TO DEFINITIONS, REGULATIONS, AND THE CONTAINMENT, REMOVAL, AND ABATEMENT OF RELEASED REGULATED SUBSTANCES FOR PURPOSES OF THE SUPERB PROGRAM, SO AS TO PROVIDE ADDITIONAL DEFINITIONS, TO EXEMPT FROM CERTAIN CORRECTIVE ACTIONS PERSONS WHO DO NOT MANAGE TANKS OR ENGAGE IN THE PETROLEUM BUSINESS WHOSE QUALITY OF OWNERSHIP IS PRIMARILY TO PROTECT OR ENFORCE A SECURITY INTEREST IN THE TANK, TO CHANGE REFERENCES FROM REMOVAL TO ABATEMENT AND SITE REHABILITATION, AND TO EXEMPT FROM CERTAIN SITE REHABILITATION ACTIONS PERSONS WHO DO NOT MANAGE TANKS OR ENGAGE IN THE PETROLEUM BUSINESS WHOSE QUALITY OF OWNERSHIP IS PRIMARILY TO PROTECT OR ENFORCE A SECURITY INTEREST IN THE TANK AND CERTAIN PERSONS

Printed Page 4855 . . . . . Thursday, June 15, 1995
WHO ACQUIRE PROPERTY FROM AN UNDERGROUND TANK THAT HAS BEEN REMOVED.

(R219) H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: AN ACT TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO AMEND SECTION 61-1-105 RELATING TO THE REFUND OF THE AMOUNT OF THE LICENSE OR PERMIT FEE IF A LICENSEE OR PERMITTEE LOSES HIS BUSINESS LEASE, OR CLOSES THE BUSINESS DUE TO FIRE OR OTHER NATURAL DISASTER OR DIES WITHIN THE FIRST YEAR OF THE LICENSE OR PERMIT PERIOD, SO AS TO DELETE THE SPECIFIC REASONS AND PROVIDE THAT IT MUST BE REFUNDED FOR ANY REASON IF OCCURRING DURING THE FIRST YEAR AND PROVIDE THAT NO LICENSEE OR PERMITTEE IS ELIGIBLE FOR A REFUND UNDER THE PROVISIONS OF THIS SECTION IF THE LICENSE OR PERMIT HAS BEEN CANCELED, RELINQUISHED, OR REVOKED AS A RESULT OF AN ENFORCEMENT ACTION OR A FAILURE TO ADHERE TO THE CONDITIONS OF THE LICENSE OR PERMIT; TO AMEND SECTIONS 61-3-710, 61-5-70, AND 61-9-310, ALL AS AMENDED, RELATING TO PERMITTING AND LICENSING PERIODS FOR BEER, WINE, AND ALCOHOLIC BEVERAGES, SO AS TO PROVIDE FOR PRORATED FEES FOR BEER AND WINE PERMITS, AND TO DELETE OBSOLETE PROVISIONS; AND TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4305 -- Reps. Tucker, D. Smith, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown,

Printed Page 4856 . . . . . Thursday, June 15, 1995
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, 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, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, 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 TO COMMEND THE HONORABLE DONALD W. "DON" BEATTY OF SPARTANBURG FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND TO WISH HIM THE VERY BEST AS HE LEAVES LEGISLATIVE SERVICE TO BEGIN HIS SERVICE AS A JUDGE IN THE SEVENTH JUDICIAL CIRCUIT.

H. 4306 -- Reps. Cromer, Inabinett, 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, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, 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, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, 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 TO EXPRESS THE DEEPEST APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ANNE D. FOSTER FOR HER

Printed Page 4857 . . . . . Thursday, June 15, 1995
DEDICATED SERVICE AND TIRELESS DEVOTION TO STATE SERVICE AND PARTICULARLY THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES WHERE HER SMILING FACE AND TENDERHEARTED PERSONALITY HAVE GRACED ITS HALLS SINCE 1977.

H. 4307 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. JAMES GORDON HALFORD, JR., OF ANDERSON WHO DIED WEDNESDAY, JUNE 7, 1995.

ADJOURNMENT

At 12:00 Noon, Thursday, June 15, the House in accordance with the motion of Rep. HARRELL adjourned Sine Die in memory of Gedell Roundtree, sister of Rep. H. BROWN of North Charleston.

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