Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 1530, Mar. 21 | Printed Page 1550, Mar. 21 |

Printed Page 1540 . . . . . Thursday, March 21, 1996

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to Mr. Joe Bonds, Superintendent of Lexington County School District Two, Mr. Barry F. Bolen, Principal of Brookland-Cayce High School, and other representatives of the district and the school, on a date and at a time to be determined by the Speaker, for the purpose of receiving congratulations on Brookland-Cayce High School's selection as a winner in Redbook magazine's "America's Best Schools" project.

The Resolution was adopted.

REPORT OF STANDING COMMITTEE

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

H. 4775 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE SOUTH CAROLINA ROAD 17-198, NOW KNOWN AS EAST COUNTRY CLUB ROAD, CONNECTING UNITED STATES HIGHWAY 301 WITH SOUTH CAROLINA ROAD 17-61 NEAR THE TOWN OF HAMER IN DILLON COUNTY AS THE "SENATOR D. DIXON LEE ROAD" TO HONOR THE MEMORY OF THIS RECENTLY DECEASED, OUTSTANDING, AND DISTINGUISHED SOUTH CAROLINIAN AND REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS GIVING EFFECT TO THIS DESIGNATION.

H. 4775--ADOPTED AND SENT TO THE SENATE

On motion of Rep. KINON, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4775 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE SOUTH CAROLINA ROAD 17-198, NOW KNOWN AS EAST COUNTRY CLUB ROAD, CONNECTING UNITED STATES HIGHWAY 301 WITH SOUTH CAROLINA ROAD 17-61 NEAR THE TOWN OF HAMER IN DILLON COUNTY AS THE "SENATOR D. DIXON LEE ROAD" TO HONOR THE MEMORY OF THIS RECENTLY DECEASED, OUTSTANDING, AND DISTINGUISHED SOUTH CAROLINIAN AND REQUESTING THE DEPARTMENT TO


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ERECT APPROPRIATE MARKERS OR SIGNS GIVING EFFECT TO THIS DESIGNATION.

Whereas, the Honorable D. Dixon Lee represented the citizens of Dillon County in the South Carolina Senate; and

Whereas, Senator Lee, who passed away recently, was a distinguished individual and an outstanding and dedicated public servant; and

Whereas, it is entirely fitting that his memory and his service be honored in a special and permanent manner. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate South Carolina Road 17-198, now known as East Country Club Road, connecting United States Highway 301 with South Carolina Road 17-61 near the Town of Hamer in Dillon County as the "Senator D. Dixon Lee Road" to honor the memory of this recently deceased, outstanding, and distinguished South Carolinian and further requests the department to erect appropriate markers or signs giving effect to this designation.

Be it further resolved that copies of this resolution be forwarded to the Department of Transportation, the family of the late Senator D. Dixon Lee, and the Dillon County Council.

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

REPORT OF STANDING COMMITTEE

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

S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

S. 1170--ADOPTED AND SENT TO THE SENATE

On motion of Rep. KINON, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE


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LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Whereas, it is fitting and appropriate that the bridge on Highway 41 at the Little Pee Dee River in Dillon County be designated and named the "Huggins Bridge" as a lasting tribute to this distinguished South Carolina family. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the General Assembly of the State of South Carolina, by this resolution, requests the Department of Transportation to designate and name the bridge on Highway 41 at the Little Pee Dee River in Dillon County the "Huggins Bridge" and to install appropriate markers or signs at or near the bridge as the department considers advisable containing the words "Huggins Bridge".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.

The Concurrent Resolution was adopted and ordered returned to the Senate.

ROLL CALL

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

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, G.            Brown, H.
Brown, J.            Brown, T.            Cain
Carnell              Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cooper               Cotty                Cromer
Dantzler             Delleney             Easterday
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harris, P.           Harrison             Haskins
Herdklotz            Hines, J.            Hines, M.
Hodges               Howard               Hutson
Inabinett            Jaskwhich            Jennings
Keegan               Kelley               Kennedy
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Littlejohn           Lloyd

Printed Page 1543 . . . . . Thursday, March 21, 1996

Loftis               Marchbanks           Martin
Mason                McAbee               McCraw
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Scott                Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Townsend             Trotter
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
Whipper, S.          White                Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, March 21. John W. Tucker, Jr. G. Ralph Davenport, Jr. Jerry N. Govan, Jr. Paula H. Thomas Joseph T. McElveen, Jr. H.B. Limehouse III Daniel L. Tripp Alma W. Byrd Ralph W. Canty John G. Felder C. Alex Harvin III

Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. Marion McFarland of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. D. SMITH, on behalf of the Spartanburg Delegation presented to the House the Spartanburg High School Vikings Varsity Football Team, winners of the 1995 Region II AAAA Championship, their coaches and other school officials.


Printed Page 1544 . . . . . Thursday, March 21, 1996

LEAVE OF ABSENCE

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

H. 4761--POINT OF ORDER

The following Bill was taken up.

H. 4761 -- Reps. Gamble, Koon, Knotts, Riser, Spearman and Wright: A BILL TO PROHIBIT, UNDER CERTAIN CONDITIONS, A SERVICE CHARGE, TAX, OR BUSINESS LICENSE FEE IMPOSED IN ANY AREA OF LEXINGTON COUNTY THAT HAS BEEN ANNEXED BY A MUNICIPALITY AND TO PROVIDE EXCEPTIONS.

POINT OF ORDER

Rep. ROGERS raised the Point of Order that the Bill had statewide impact and should not be local legislation. He further stated that it should have been referred to a committee and that the Bill provided that if any city annexed areas within Lexington County, then certain conditions would be attached. He further stated that there were cities outside of Lexington County that have territory in Lexington County and the legislation could affect those cities and any other city in the future outside of Lexington County that might propose to annex an area within Lexington County.

Rep. GAMBLE argued contra the Point in stating that the Bill did not have any impact on any property that is already incorporated by a municipality outside of Lexington County and that it only made reference to unincorporated areas in Lexington County.

Rep. ROGERS stated that if any municipal body outside of Lexington County proposed to annex in Lexington County, then the Bill would affect the activities that could be conducted by that annexing city.

Rep. GAMBLE stated that speculative type situations had never been allowed in dealing with local legislation.

The SPEAKER inquired if there had been any annexation since Jan. 1, 1996.

Rep. GAMBLE stated that there had not been any annexation since that time.

Rep. ROGERS continued to argue in stating that the Bill provided that a city in another county may not levy taxes or collect fees in an annexed portion of an adjoining county except by the permission of the adjoining County Council.


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The SPEAKER stated that it could affect other counties but at this point it appeared that it affected only Lexington County. He further stated that he would research the Point and rule at a later time.

SPEAKER'S RULING

The SPEAKER stated that based on the research he had done on the precedents that he would overrule the earlier Point of Order raised by Rep. ROGERS on H. 4761.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

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

H. 4791 -- Reps. Walker, Littlejohn, Allison, Cato, Davenport, Wells, D. Smith, Lee, Lanford and Phillips: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF SPECIFIED SCHOOL DISTRICTS IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO WEATHER OR OTHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4791--ORDERED TO BE READ

THIRD TIME TOMORROW

On motion of Rep. WALKER, with unanimous consent, it was ordered that H. 4791 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson,


Printed Page 1546 . . . . . Thursday, March 21, 1996

Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: A BILL TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.

H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".

H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

H. 4020 -- Rep. Marchbanks: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM FORTY TO FORTY-FIVE MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS AND TO EXTEND THE CAPITALIZED INTEREST PERIOD FROM ONE TO TWO YEARS.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO


Printed Page 1547 . . . . . Thursday, March 21, 1996

REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS.

S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

SPEAKER PRO TEMPORE IN CHAIR

SENT TO THE SENATE

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

H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.

H. 4548 -- Rep. Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED


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DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO MAKE VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW OTHER PROCEEDS TO BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE FUND, AND TO AUTHORIZE TRUSTEES ADDITIONAL POWERS WITH RESPECT TO THE USE OF PROCEEDS OF THESE BONDS.

H. 4550 -- Rep. Boan: A BILL TO AMEND CHAPTER 117, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA, BY ADDING ARTICLE 5 ENACTING THE UNIVERSITY OF SOUTH CAROLINA REVENUE BOND ACT AUTHORIZING THE UNIVERSITY TO ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND EQUIPMENT AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED.

H. 4553 -- Reps. Koon and McKay: A BILL TO AMEND SECTION 12-43-232, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS FOR REAL PROPERTY TO RECEIVE THE AGRICULTURAL USE CLASSIFICATION FOR PROPERTY TAX VALUATION PURPOSES, SO AS TO EXTEND THE "GRANDFATHER" PROVISIONS ALLOWED CROPLAND TO TIMBERLAND.

H. 4750 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAL INSTITUTION VENDOR PAYMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4751 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE


Printed Page 1549 . . . . . Thursday, March 21, 1996

DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAID, FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4752 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO SUPERVISED INDEPENDENT LIVING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1863, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.

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. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.


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