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

Page Finder Index

| Printed Page 1960, Apr. 3 | Printed Page 1980, Apr. 4 |

Printed Page 1970 . . . . . Wednesday, April 3, 1996

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 7; Nays 0

Those who voted in the affirmative are:

Allison              Jaskwhich            Lanford
Smith, D.            Vaughn               Walker
Wells                

Total--7

Those who voted in the negative are:


Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

MOTION REJECTED

Rep. FULMER moved that the House recur to the morning hour, which was not agreed to.

H. 3901--DEBATE ADJOURNED

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

H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

Rep. HARRISON moved to adjourn debate upon the Senate amendments until Tuesday, April 9, which was adopted.


Printed Page 1971 . . . . . Wednesday, April 3, 1996

H. 3532--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3532 -- Reps. Wright, H. Brown, Cato, Cooper, Fulmer, Harvin, Harwell, Keegan, Knotts, Koon, Wilkins and A. Young: A BILL TO AMEND TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMUSEMENTS, GAMES, AND ATHLETIC CONTESTS BY ADDING CHAPTER 19 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN A SKATING ACTIVITY CAUSED BY AN INHERENT RISK OF ICE OR ROLLER SKATING.

Rep. WRIGHT explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, 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. 421--DEBATE ADJOURNED

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

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.

Rep. HARRISON moved to adjourn debate upon the Senate amendments until Tuesday, April 9, which was adopted.


Printed Page 1972 . . . . . Wednesday, April 3, 1996

H. 3848--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.

Rep. CROMER explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, 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.

H. 3897--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.

Rep. WITHERSPOON explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, 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.

H. 3106--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION


Printed Page 1973 . . . . . Wednesday, April 3, 1996

20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

Rep. J. BROWN explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, 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.

H. 4313--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

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.

Rep. HARRELL explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, 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.

H. 4544--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison,


Printed Page 1974 . . . . . Wednesday, April 3, 1996

Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

Rep. CATO explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, 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. 1185--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1185 -- Senators Russell and Giese: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO AMEND THE FEDERAL FOOD, DRUG, AND COSMETIC ACT AND THE PUBLIC HEALTH SERVICE ACT TO FACILITATE THE DEVELOPMENT AND APPROVAL OF NEW DRUGS, BIOLOGICAL PRODUCTS, AND MEDICAL DEVICES.

Whereas, improving patient access to quality health care is a paramount national goal; and

Whereas, the key to improved health care, especially for persons with serious, unmet medical needs, is the rapid approval of safe and effective new drugs, biological products, and medical devices; and

Whereas, minimizing the delay between discovery and eventual approval of a new drug, biological product, or medical device derived from research conducted by innovative pharmaceutical and biotechnology companies could improve the lives of millions of Americans; and

Whereas, current limitations on the dissemination of information about pharmaceutical products reduce the availability of information to physicians, other health care professionals, and patients and unfairly limit the right of free speech guaranteed by the First Amendment to the United States Constitution; and

Whereas, current rules and practices governing the review of new drugs, biological products, and medical devices by the United States Food


Printed Page 1975 . . . . . Wednesday, April 3, 1996

and Drug Administration can delay approvals and are unnecessarily expensive. 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, memorializes Congress to amend the federal Food, Drug, and Cosmetic Act and the Public Health Service Act to facilitate the development and approval of new drugs, biological products, and medical devices.

Be it further resolved that copies of this resolution be forwarded to each member of the South Carolina Congressional Delegation, the President of the United States Senate, and the Speaker of the United States House of Representatives, all at Washington, D.C.

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

RECURRENCE TO THE MORNING HOUR

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

S. 517--OBJECTIONS

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

S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.

AMENDMENT NO. 1

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

Rep. LANFORD continued speaking.

Rep. EASTERDAY moved to recommit the Bill to the Committee on Ways and Means.

Rep. LANFORD moved to table the motion to recommit.


Printed Page 1976 . . . . . Wednesday, April 3, 1996

Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:

Yeas 68; Nays 26

Those who voted in the affirmative are:

Anderson             Askins               Boan
Breeland             Brown, G.            Brown, H.
Brown, J.            Byrd                 Canty
Carnell              Cave                 Clyburn
Cobb-Hunter          Cotty                Cromer
Dantzler             Delleney             Felder
Fleming              Fulmer               Gamble
Hallman              Harris, J.           Harrison
Hines, M.            Hodges               Howard
Hutson               Inabinett            Kennedy
Keyserling           Knotts               Koon
Lanford              Law                  Lee
Lloyd                Martin               McAbee
McCraw               McTeer               Moody-Lawrence
Neal                 Quinn                Richardson
Riser                Rogers               Scott
Seithel              Sharpe               Sheheen
Shissias             Smith, R.            Spearman
Stille               Stuart               Thomas
Townsend             Vaughn               Waldrop
Whatley              Whipper, L.          Whipper, S.
Wilder               Wilkes               Witherspoon
Wofford              Wright

Total--68

Those who voted in the negative are:

Cain                 Cato                 Cooper
Easterday            Harrell              Herdklotz
Keegan               Kelley               Kirsh
Klauber              Limbaugh             Limehouse
Marchbanks           Mason                Meacham
Rhoad                Rice                 Robinson
Sandifer             Simrill              Smith, D.

Printed Page 1977 . . . . . Wednesday, April 3, 1996

Tripp                Trotter              Walker
Wilkins              Young-Brickell       

Total--26

So, the motion to recommit was tabled.

Reps. MEACHAM, EASTERDAY, MARCHBANKS, MASON, ROBINSON, HERDKLOTZ, SANDIFER, SCOTT, NEAL, KNOTTS, WRIGHT, S. WHIPPER and L. WHIPPER objected to the Bill.

ORDERED TO THIRD READING

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

S. 1072 -- Senators Matthews, Washington, Ford and Glover: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR CERTAIN NONPROFIT HOUSING CORPORATIONS TO PROPERTY OF SUCH CORPORATIONS DEVOTED EXCLUSIVELY TO PROVIDING RENTAL OR COOPERATIVE HOUSING AND RELATED FACILITIES FOR ELDERLY OR HANDICAPPED PERSONS OR FAMILIES OF LOW OR MODERATE INCOME IN ACCORDANCE WITH FEDERAL HOUSING LAW.

Rep. MARCHBANKS explained the Bill.

S. 1072--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MARCHBANKS, with unanimous consent, it was ordered that S. 1072 be read the third time tomorrow.

H. 4774--OBJECTIONS

Reps. CAVE, BREELAND and INABINETT withdrew their objections to the following Bill whereupon objections were raised by Reps. SCOTT, CANTY, NEAL and LLOYD.

H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING


Printed Page 1978 . . . . . Wednesday, April 3, 1996

TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.

H. 3812--OBJECTIONS WITHDRAWN

Reps. HOWARD, CAVE and NEAL withdrew their objections to H. 3812 however, other objections remained upon the Bill.

H. 4498--OBJECTION WITHDRAWN

Rep. TRIPP withdrew his objection to H. 4498 however, other objections remained upon the Bill.

H. 4480--OBJECTIONS WITHDRAWN

Reps. WHATLEY and ROBINSON withdrew their objections to H. 4480 however, other objections remained upon the Bill.

RULE 6.1 WAIVED

Rep. HARRISON moved to waive Rule 6.1, which was agreed to.

S. 421--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

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.

Rep. KELLEY explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, 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.


Printed Page 1979 . . . . . Wednesday, April 3, 1996

Rep. J. BROWN moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4821 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 10, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO FILL THE OFFICE OF A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 7, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1999.

H. 4867 -- Reps. Breeland, Seithel, Hallman, Whatley, L. Whipper, Harrell, Fulmer, S. Whipper and Limehouse: A CONCURRENT RESOLUTION RECOGNIZING COMMUNITY PRIDE OF CHARLESTON COUNTY, INC., AND COMMENDING THIS ORGANIZATION AND CLEMSON UNIVERSITY COOPERATIVE EXTENSION SERVICE FOR THEIR OUTSTANDING EFFORTS TO INSTILL PRIDE IN LOCAL CITIZENS FOR A CLEAN AND HEALTHY ENVIRONMENT.

ADJOURNMENT

At 1:01 P.M. the House in accordance with the motion of Rep. M. HINES adjourned in memory of Wade Hampton Smith of Mullins, to meet at 10:00 A.M. tomorrow, in Local Session.

* * *


| Printed Page 1960, Apr. 3 | Printed Page 1980, Apr. 4 |

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