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 2300, Apr. 17 | Printed Page 2320, Apr. 17 |

Printed Page 2310 . . . . . Wednesday, April 17, 1996

personal property will be advertised for public sale to the highest bidder, and will be sold at public sale to the highest bidder at a specified time and place as determined by the owner./

Amend the bill further, SECTION 1, Page 2, subsection (E), Line 30, by inserting after /sale./ / At least five days prior to the public sale, the owner shall provide to local law enforcement a reasonably adequate description of the personal property subject to the sale, including serial numbers when available./

When amended, subsection (E) shall read:

(E) After the expiration of the fifty-day default period, the owner shall publish an advertisement of the public sale to the highest bidder once a week for two consecutive weeks in a newspaper of general circulation where the self-service storage facility is located. The advertisement shall include: a brief and general description of the personal property, reasonably adequate to permit its identification; the address of the self-service storage facility and the number, if any, of the space where the personal property is located, and the name of the occupant; and the time, place, and manner of the public sale. At least five days prior to the public sale, the owner shall provide to local law enforcement a reasonably adequate description of the personal property subject to the sale, including serial numbers when available. The public sale to the highest bidder shall take place not sooner than fifteen days after the first publication delivery of the notice. If there is no newspaper of general circulation where the self-service storage facility is located, the advertisement must be posted at least fifteen days before the date of the public sale and in not less than six conspicuous places in the neighborhood where the self-service storage facility is located.

Renumber sections to conform.

Amend totals and title to conform.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

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

RECURRENCE TO THE MORNING HOUR

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


Printed Page 2311 . . . . . Wednesday, April 17, 1996

REPORT OF STANDING COMMITTEE

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

H. 4642 -- Reps. Allison, Davenport and Cromer: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO OUR CURRENT "MISS SOUTH CAROLINA", AMANDA ELIZABETH SPIVEY OF SPARTANBURG, AND TO ALL OF THE CONTESTANTS COMPETING IN THE 1996 MISS SOUTH CAROLINA PAGEANT FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY" ON TUESDAY, APRIL 30, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.

H. 4642--ADOPTED

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

H. 4642 -- Reps. Allison, Davenport and Cromer: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO OUR CURRENT "MISS SOUTH CAROLINA", AMANDA ELIZABETH SPIVEY OF SPARTANBURG, AND TO ALL OF THE CONTESTANTS COMPETING IN THE 1996 MISS SOUTH CAROLINA PAGEANT FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY" ON TUESDAY, APRIL 30, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That our current "Miss South Carolina", Amanda Elizabeth Spivey of Spartanburg, and all of the contestants competing in the 1996 Miss South Carolina Pageant are extended the privilege of the floor of the House of Representatives for the purpose of being recognized and congratulated on the special occasion of "Miss South Carolina Appreciation Day" on Tuesday, April 30, 1996, at a time to be determined by the Speaker.

The Resolution was adopted.


Printed Page 2312 . . . . . Wednesday, April 17, 1996

REPORT OF STANDING COMMITTEE

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

H. 4926 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME DUTCHMAN'S CREEK BRIDGE AT LAKE WATEREE IN FAIRFIELD COUNTY IN HONOR OF THE LATE JAMES H. "MAC" MCSWAIN.

H. 4926--ADOPTED AND SENT TO THE SENATE

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

H. 4926 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME DUTCHMAN'S CREEK BRIDGE AT LAKE WATEREE IN FAIRFIELD COUNTY IN HONOR OF THE LATE JAMES H. "MAC" MCSWAIN.

Whereas, the late James H. "Mac" McSwain was a widely respected member of the Lake Wateree community, an active member of the Lake Wateree Homeowners Association, one of the founders of the
Dutchman Creek Fire Department and an active Red Cross volunteer who gave so much to his community, county, and State; and

Whereas, the members of the General Assembly believe it would be a fitting tribute to this outstanding South Carolinian if the Department of Transportation were to name Dutchman's Creek Bridge at Lake Wateree in his honor. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name Dutchman's Creek Bridge at Lake Wateree in honor of the late James H. "Mac" McSwain and to erect appropriate markers reflecting this designation.

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

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


Printed Page 2313 . . . . . Wednesday, April 17, 1996

REPORT OF STANDING COMMITTEE

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

H. 4937 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A CERTAIN HIGHWAY IN FAIRFIELD COUNTY IN HONOR OF BENJAMIN F. HORNSBY, A DISTINGUISHED BUSINESS AND CIVIC LEADER OF FAIRFIELD COUNTY AND A FORMER MEMBER OF THE SOUTH CAROLINA GENERAL ASSEMBLY.

H. 4937--ADOPTED AND SENT TO THE SENATE

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

H. 4937 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A CERTAIN HIGHWAY IN FAIRFIELD COUNTY IN HONOR OF BENJAMIN F. HORNSBY, A DISTINGUISHED BUSINESS AND CIVIC LEADER OF FAIRFIELD COUNTY AND A FORMER MEMBER OF THE SOUTH CAROLINA GENERAL ASSEMBLY.

Whereas, the honorable Benjamin F. Hornsby was a widely respected business and civic leader in Fairfield County who also served with great distinction as a member of the South Carolina General Assembly in the Senate from 1961-1964 and in the House of Representatives from 1973-1982; and

Whereas, the members of the General Assembly believe that it would be a fitting tribute to this outstanding South Carolinian if the Department of Transportation were to name a particular highway in Fairfield County in his honor. Now, therefore,

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

That the members of the General Assembly hereby request the Department of Transportation to name Highway 269 in Fairfield County from the Highway 321 intersection through the Greenbrier and Rion communities to the Richland/Fairfield County line in honor of Benjamin F. Hornsby and to erect appropriate markers reflecting this designation.

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

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


Printed Page 2314 . . . . . Wednesday, April 17, 1996

REPORT OF STANDING COMMITTEE

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

H. 4952 -- Rep. Hodges: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE A PORTION OF SOUTH CAROLINA HIGHWAY 160 IN LANCASTER COUNTY AS THE "JOHN D. PATTERSON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

H. 4952--ADOPTED AND SENT TO THE SENATE

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

H. 4952 -- Rep. Hodges: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE A PORTION OF SOUTH CAROLINA HIGHWAY 160 IN LANCASTER COUNTY AS THE "JOHN D. PATTERSON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

Whereas, to honor the memory of the late John D. Patterson, community leader in Lancaster County, it is fitting that the portion of South Carolina Highway 160 in Lancaster County from its interchange with U.S. Highway 521 to the York County line be designated the "John D. Patterson Memorial Highway" and that appropriate markers or signs be erected. 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 the above-described portion of South Carolina Highway 160 in Lancaster County as the "John D. Patterson Memorial Highway" and to erect appropriate signs or markers reflecting this designation.

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

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


Printed Page 2315 . . . . . Wednesday, April 17, 1996

REPORT OF STANDING COMMITTEE

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

S. 1352 -- Senator Holland: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 34 FROM UNITED STATES HIGHWAY 1 AT CAMDEN TO THE LEE COUNTY LINE THE 34TH INFANTRY DIVISION OF WORLD WAR II MEMORIAL HIGHWAY.

S. 1352--ADOPTED AND SENT TO THE SENATE

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

S. 1352 -- Senator Holland: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 34 FROM UNITED STATES HIGHWAY 1 AT CAMDEN TO THE LEE COUNTY LINE THE 34TH INFANTRY DIVISION OF WORLD WAR II MEMORIAL HIGHWAY.

Whereas, the famous 34th "Red Bull" Infantry Division in World War II had the distinction of being not only the first American unit to land in the European Theater, but also had more days in combat (over 600) than any other American unit, and was credited with capturing more than 40,000 prisoners; and

Whereas, the 34th ranked second to none and stands high on the scroll of honor among the greatest fighting units that ever carried the Stars and Stripes into battle; and

Whereas, members of the 34th, including several from South Carolina, received numerous medals and citations for their valor in war; and

Whereas, the 34th was a unit of the Minnesota/Iowa/Illinois National Guard, but there are numerous veterans east of the Mississippi, including many from South Carolina and several from Kershaw County, who were sent in as replacements to the 34th on the battlefields of North Africa, Sicily, and Italy; and

Whereas, because of its impressive war record, the United States army in 1991 restored the historic name and the 34th "Red Bull" Division was re-activated, exactly fifty years after its induction into federal service. Now, therefore,


Printed Page 2316 . . . . . Wednesday, April 17, 1996

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

That the General Assembly designates and names a portion of South Carolina Highway 34 from United States Highway 1 at Camden to the Lee County Line described in this resolution as the "34th Infantry Division of World War II Memorial Highway" and directs the Department of Transportation to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "34th Infantry Division of World War II Memorial Highway."

Be it further resolved that a copy of this resolution be forwarded to the 34th Infantry Division Association.

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

REPORT OF STANDING COMMITTEE

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

S. 1022 -- Senators McConnell, Passailaigue, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-140 SO AS TO PROVIDE THAT JUNE TWENTY-EIGHTH OF EACH YEAR IS "CAROLINA DAY" IN SOUTH CAROLINA, COMMEMORATING THE ANNIVERSARY OF THE BATTLE OF FORT SULLIVAN IN 1776.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4958 -- Reps. Spearman and Clyburn: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING


Printed Page 2317 . . . . . Wednesday, April 17, 1996

PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.

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

H. 4959 -- Rep. Martin: A BILL TO AMEND SECTION 16-3-655, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE THAT A PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE IF HE KNOWINGLY ENGAGES IN SEXUAL BATTERY WITH CERTAIN VICTIMS AND REVISE THE AGE OF CERTAIN PERPETRATORS OF THIS CRIME.

Rep. MARTIN asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. LIMBAUGH objected.

Referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 4960 -- Reps. J. Brown, Byrd, Cotty, Cromer, Harrison, Howard, Neal, Quinn, Rogers, Scott and Shissias: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA AT THE DEATH OF SOUTH CAROLINA ETV HOST AND RADIO BROADCASTER LISTERVELT MIDDLETON OF BLYTHEWOOD AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1368 -- Senators Patterson and Jackson: A CONCURRENT RESOLUTION TO CELEBRATE THE LIFE OF LISTERVELT MIDDLETON AND TO REFLECT UPON THE CONTRIBUTIONS HE MADE TO THE AFRICAN AND AFRICAN AMERICAN


Printed Page 2318 . . . . . Wednesday, April 17, 1996

COMMUNITY AND TO THE ENLIGHTENMENT AND UNITY OF ALL PEOPLE.

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

Rep. YOUNG-BRICKELL moved that the House recede until 2:00 P.M., which was adopted.

THE HOUSE RESUMES

At 2:00 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.

LEAVE OF ABSENCE

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

H. 3901--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 16, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3901:

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.
Very respectfully,
President


Printed Page 2319 . . . . . Wednesday, April 17, 1996

On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HARRISON, D. SMITH and LIMBAUGH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4717--OBJECTIONS

The following Bill was taken up.

H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.

The Agriculture, Natural Resources & Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9246AC.96).

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

/SECTION 1. Section 44-96-290 of the 1976 Code, as added by Act 63 of 1991, is amended by adding an appropriately lettered subsection at the end to read:

"( ) The department may issue permits for short-term structural fills pursuant to department regulations. These permits shall require that structural fills be closed and cover put in place within twelve months of issuance of the permit. Consistency with solid waste management plans pursuant to subsection (G) is not required for the issuance of permits for short-term structural fills. For the purpose of this subsection, `cover' means soil or other suitable material, or both, acceptable to the department that is used to cover solid waste. For the purpose of this subsection,


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