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 2310, Apr. 17 | Printed Page 2330, Apr. 17 |
Printed Page 2320 . . . . . Wednesday, April 17, 1996
`structural fill' means landfilling for future beneficial use utilizing land-clearing debris, hardened concrete, hardened/cured asphalt, bricks, blocks, and other materials specified by the department by regulation, compacted and landfilled in a manner acceptable to the department, consistent with applicable engineering and construction standards and carried out as a part of normal activities associated with construction, demolition, and land-clearing operations; however, the materials utilized must not have been in direct contact with hazardous constituents, petroleum products, or painted with lead-based paint. Applicable department regulations in effect on the effective date of this act, not inconsistent with this subsection, remain in effect unless changed by statute or amended or repealed by the department pursuant to the Administrative Procedures Act, Article 1, Chapter 23, Title 1."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WILKES explained the amendment.

Rep. HODGES spokes against the amendment.

Reps. SHEHEEN, KIRSH, HODGES, MOODY-LAWRENCE, SIMRILL, SHARPE, WITHERSPOON, R. SMITH, SEITHEL, RICE, MARCHBANKS, TRIPP, L. WHIPPER, HALLMAN and FULMER objected to the Bill.

ORDERED TO THIRD READING

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

S. 1325 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCREASE THE MAXIMUM HORSEPOWER LIMITATION ON OUTDRIVE OR INBOARD MOTORS FROM ONE HUNDRED EIGHTY TO ONE HUNDRED NINETY HORSEPOWER.

Rep. WALKER explained the Bill.

S. 1079 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR BINDING ARBITRATION AS AN

Printed Page 2321 . . . . . Wednesday, April 17, 1996
ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURE; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.

Rep. HARRISON explained the Bill.

S. 1328 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION

Printed Page 2322 . . . . . Wednesday, April 17, 1996
DOCUMENT NUMBER 1889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. RISER explained the Joint Resolution.

H. 4557--ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. KEYSERLING, RICHARDSON, MASON, WHATLEY and McMAHAND the following Bill was taken up.

H. 4557 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO AMEND SECTION 12-8-530, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO EXEMPT BINGO PRIZES AND WINNINGS FROM WITHHOLDING, TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.

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

H. 4502--OBJECTIONS WITHDRAWN

Reps. HOWARD and BREELAND withdrew their objections to H. 4502 however, other objections remained upon the Bill.

OBJECTION TO RECALL

Rep. HARRELL asked unanimous consent to recall S. 1190 from the Committee on Ways and Means.

Rep. KIRSH objected.

Printed Page 2323 . . . . . Wednesday, April 17, 1996
OBJECTION TO RECALL

Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.

Rep. LAW objected.

H. 4624--RECALLED FROM THE COMMITTEE ON

AGRICULTURE, NATURAL RESOURCES

AND ENVIRONMENTAL AFFAIRS

On motion of Rep. McKAY, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4624 -- Reps. McKay, Sharpe, Limbaugh, Wells, Spearman and Askins: A BILL TO AMEND TITLE 48, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-65 SO AS TO AUTHORIZE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS ONLY UNDER CERTAIN CONDITIONS; AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.

H. 4372--RECALLED FROM THE

COMMITTEE ON JUDICIARY

On motion of Rep. LANFORD, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

H. 4372 -- Reps. Lanford, Herdklotz, Bailey and Clyburn: A BILL TO AMEND SECTIONS 49-11-10 AND 49-11-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS AGAINST OVERFLOWING OR KEEPING WATER UPON THE LAND OF ANOTHER PERSON, SO AS TO PROVIDE THAT RELEASING RESERVED WATER MAY NOT INJURE THE PROPERTY OF ANOTHER AND TO AUTHORIZE A CIVIL ACTION FOR INJUNCTIVE RELIEF AND MONETARY DAMAGES FOR VIOLATIONS.

Printed Page 2324 . . . . . Wednesday, April 17, 1996
H. 3517--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE IMPOSITION OF CERTAIN CRIMINAL PENALTIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES.

Rep. HODGES 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. 3985--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

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

Printed Page 2325 . . . . . Wednesday, April 17, 1996
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. 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.

H. 3557--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.

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.

Printed Page 2326 . . . . . Wednesday, April 17, 1996
H. 4666--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 4666 -- Reps. Young-Brickell, H. Brown, Cato, Wofford and Law: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

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. 1101--NON-CONCURRENCE IN SENATE AMENDMENTS

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

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO

Printed Page 2327 . . . . . Wednesday, April 17, 1996
ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

Rep. CROMER explained the Senate amendment.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

MOTION PERIOD

Rep. MEACHAM moved to dispense with the Motion Period.

As a first substitute Rep. LIMEHOUSE moved to recall H. 4622 from the Ways and Means Committee.

As a second substitute Rep. HARRELL move to recall S. 1190 from the Ways and Means Committee, which was rejected.

As a second substitute Rep. KLAUBER moved to dispense with the balance of the Motion Period, which was agreed to.

H. 4761--TABLED

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.

Rep. SCOTT moved to adjourn debate upon the Bill.

POINT OF ORDER

Rep. GAMBLE raised the Point of Order that the motion to adjourn debate was out of order as cloture had already been invoked on the Bill.

The SPEAKER sustained the Point of Order.

Rep. HARRISON spoke against the Bill.

Rep. HARRISON moved to table the Bill.

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

Yeas 10; Nays 7

Those who voted in the affirmative are:

Brown, J.            Clyburn              Cotty
Cromer               Harrison             Howard
Printed Page 2328 . . . . . Wednesday, April 17, 1996
Neal                 Rogers               Scott
Shissias

Total--10

Those who voted in the negative are:

Bailey               Gamble               Knotts
Koon                 Riser                Sandifer
Stuart

Total--7

So, the Bill was tabled.

RECORD FOR VOTING

I inadvertently voted on a local issue (Rep. HARRISON's Richland/Lexington local legislation) H. 4761.

Please have the vote removed from the record.

Rep. WILLIAM CLYBURN

RECORD FOR VOTING

Rep. WRIGHT and Rep. QUINN were in a meeting outside the House Chamber in regard to the annexation lawsuit with the City of Columbia and Irmo when the vote for H. 4761 was taken. Had we been present we would have voted "no" to the tabling motion.

Rep. DAVID A. WRIGHT

Rep. RICHARD M. QUINN, JR.

RECORD FOR VOTING

I would have voted to table H. 4761 had I been present. I was at the doctor.

Rep. ALMA W. BYRD

H. 4492--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 24, which was adopted.

H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells,

Printed Page 2329 . . . . . Wednesday, April 17, 1996
Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.

H. 4396--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.

Rep. SHEHEEN proposed the following Amendment No. 3 (Doc Name H-MEMBER\B21\SHEHEEN\AMEND\1), which was rejected.

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

/SECTION 1. the 1976 Code is amended by adding:

"Section 38-71-135. All individual and group health insurance and health maintenance organization policies providing coverage for the hospitalization of a mother and her newborn child or children, if medically necessary, at the discretion of the attending physician, shall provide for the mother and her newborn child or children to remain in the hospital for a period not to exceed the second postpartum day after the vaginal delivery, not including the day of delivery, and the third postoperative day following a Caesarian Section not including the day of surgery. Nothing in this section may be construed to prohibit the attending physician from authorizing additional time or releasing the mother or her newborn child or children before the expiration of the time provided in this section."

Rep. SHEHEEN explained the amendment.

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