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 3050, Apr. 25 | Printed Page 3070, Apr. 25 |

Printed Page 3060 . . . . . Thursday, April 25, 1996

POINT OF ORDER

Rep. BAXLEY 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.

S. 1043--POINT OF ORDER

The following Bill was taken up.

S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.

POINT OF ORDER

Rep. SHEHEEN 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.

S. 642--POINT OF ORDER

The following Bill was taken up.

S. 642 -- Senator Thomas: A BILL TO AMEND SECTION 56-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY ACT, SELF-INSURERS, AND DETERMINATION OF FINANCIAL RESPONSIBILITY, SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT A COPY OF THE APPLICANT'S LATEST FINANCIAL STATEMENT


Printed Page 3061 . . . . . Thursday, April 25, 1996

PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT LICENSED TO DO BUSINESS IN SOUTH CAROLINA INDICATING THAT THE APPLICANT HAS A POSITIVE NET WORTH MUST BE SUBMITTED FOR A DETERMINATION OF FINANCIAL RESPONSIBILITY, AND THAT AN APPLICANT MAY BE REQUIRED TO DEPOSIT IN A SEGREGATED SELF-INSURED CLAIMS ACCOUNT THE SUM OF THREE THOUSAND DOLLARS FOR EACH VEHICLE TO BE COVERED BY THE SELF-INSURER'S CERTIFICATE.

POINT OF ORDER

Rep. YOUNG-BRICKELL 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.

S. 501--POINT OF ORDER

The following Bill was taken up.

S. 501 -- Senator Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-110 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY NOT IMPOSE A MORATORIUM ON A CONSTRUCTION PROJECT FOR WHICH A PERMIT HAS BEEN GRANTED WITHOUT GIVING A TWO-WEEK NOTICE IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY IN WHICH THE PROJECT IS LOCATED AND REQUIRE AT LEAST TWO READINGS WHICH ARE A WEEK APART BEFORE A MORATORIUM MAY BE IMPOSED.

POINT OF ORDER

Rep. WALDROP 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.

H. 4973--POINT OF ORDER

The following Joint Resolution was taken up.

H. 4973 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF


Printed Page 3062 . . . . . Thursday, April 25, 1996

CHARLESTON, RELATING TO CONTROL OF VESSELS DURING DOCKING AND UNDOCKING OPERATIONS; INCREASE IN REGISTRATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1910, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 4657--POINT OF ORDER

The following Bill was taken up.

H. 4657 -- Reps. Haskins, Easterday, Rice, Knotts, Limehouse, Simrill, Cooper, Meacham, Herdklotz, Byrd, Loftis, Stille, Chamblee, Waldrop, Kelley, Vaughn, Law, Allison, Davenport, Wright and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE THAT ALL LAW ENFORCEMENT AGENCIES SHALL PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME INCIDENT REPORT RELATING TO THEIR CASE AND CERTAIN OTHER INFORMATION; TO ADD SECTION 16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD THE PAYMENT OF RESTITUTION THE COURT ORDERS THE PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO REQUIRE THE STATE SUPREME COURT TO PROMULGATE RULES TO ALLOW AN APPEAL OF CERTAIN COURT ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT CONSIDERED BY THE COURT OR IF A REASONABLE AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD SECTION 24-21-490 SO AS TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL COLLECT AND DISTRIBUTE RESTITUTION, THE PROCEDURE FOR COLLECTING AND DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER


Printed Page 3063 . . . . . Thursday, April 25, 1996

FEES; TO AMEND SECTION 16-3-1110, AS AMENDED, RELATING TO DEFINITIONS CONTAINED IN CERTAIN PROVISIONS REGARDING THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION OF "RESTITUTION"; AND TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO PROVIDE THE AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN OFFENDER TO PAY.

POINT OF ORDER

Rep. D. SMITH 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.

H. 4712--POINT OF ORDER

The following Bill was taken up.

H. 4712 -- Reps. Seithel, Harrison, Mason, L. Whipper, J. Harris, Sandifer, S. Whipper, Neal, Bailey, Thomas, Whatley, Kinon, Lloyd, Herdklotz, Young-Brickell and J. Young: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL TREATMENT OF ANIMALS, SO AS TO CHANGE CERTAIN OF THESE OFFENSES TO FELONIES AND TO INCREASE PENALTIES.

POINT OF ORDER

Rep. DAVENPORT 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.

H. 4959--POINT OF ORDER

The following Bill was taken up.

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


Printed Page 3064 . . . . . Thursday, April 25, 1996

ENGAGES IN SEXUAL BATTERY WITH CERTAIN VICTIMS AND REVISE THE AGE OF CERTAIN PERPETRATORS OF THIS CRIME.

POINT OF ORDER

Rep. HARRISON 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.

H. 4765--POINT OF ORDER

The following Bill was taken up.

H. 4765 -- Rep. Wilder: A BILL TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPRESSANTS CLASSIFIED AS SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO REVISE THE SUBSTANCES COMPRISING THIS CLASSIFICATION; TO AMEND SECTION 44-53-360, RELATING TO DISPENSING OF CONTROLLED SUBSTANCES, SO AS TO CONFORM REFERENCES TO CURRENT LAW AND TO DELETE PROVISIONS RELATING TO LABELING OF CERTAIN DRUG PRODUCTS AND TO REVISE MAXIMUM PERIODS FOR WHICH CONTROLLED SUBSTANCES MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO METHADONE TREATMENT, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND TO AUTHORIZE DISPENSING FOR ANALGESIA; TO AMEND SECTION 44-53-730, RELATING TO RESTRICTIONS ON THE SALE OF METHADONE, SO AS TO REVISE TO WHOM METHADONE MAY BE SOLD OR DISTRIBUTED; AND TO AMEND SECTION 44-53-740, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS TO DELETE REFERENCES TO FACILITIES LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.


Printed Page 3065 . . . . . Thursday, April 25, 1996

POINT OF ORDER

Rep. McMAHAND 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.

H. 4394--POINT OF ORDER

The following Bill was taken up.

H. 4394 -- Reps. Byrd, Harvin, J. Brown, White, Cave, Moody-Lawrence, Clyburn and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-3-95 SO AS TO PROVIDE THAT AS PART OF ANNUAL IN-SERVICE TRAINING, TEACHERS AND SCHOOL ADMINISTRATORS SHALL RECEIVE INSTRUCTION IN CONFLICT RESOLUTION AND PEER MEDIATION IN THE MANNER THE STATE DEPARTMENT OF EDUCATION SHALL PROVIDE.

POINT OF ORDER

Rep. ROBINSON 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.

H. 4012--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS


Printed Page 3066 . . . . . Thursday, April 25, 1996

BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.

The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10796CM.96), which was adopted.

Amend the bill, as and if amended, page 1, by striking SECTION 1 in its entirety and inserting:

/SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 71

Special License Decal;

Forest Products Haulers

Section 56-3-7650. The Department of Public Safety shall issue a special motor vehicle license decal to identify intrastate unmanufactured forest product haulers. A one-time fee for the issuance of this special plate is thirty dollars."/

Amend further, page 2, by striking Section 56-5-4090, as contained in SECTION 3, and inserting:

/"Section 56-5-4090. (A) During daylight hours only, The limitations as to regarding length of vehicles and loads stated in Sections 56-5-4060 and 56-5-4080 do not apply to a load upon a pole trailer, longwood trailer or self-propelled pole carrier when transporting poles, or logs, pipes, or structural material which cannot be dismembered.

(B) During daylight hours only, the limitations regarding length of vehicles and loads stated in Sections 56-5-4060 and 56-5-4080 do not apply to a load upon a pole trailer, longwood trailer, or self-propelled pole carrier when transporting pipes or structural material which cannot be dismembered.

(C) No A pole, log, pipe, or other material exceeding eighty feet in length may not be transported unless a permit has first been first obtained as authorized in Section 56-5-4170.

(B)(D) The provisions of this section do not apply to a pole trailer or self-propelled pole carrier operated by a utility company when transporting a pole to replace a damaged one."/


Printed Page 3067 . . . . . Thursday, April 25, 1996

Amend further, page 3, by striking items (6) and (7) of Section 58-23-50 as contained in SECTION 5 and inserting:

/"(6) or to lumber haulers engaged in transporting lumber and logs from the forest to the shipping points in this State,;

(7) or haulers engaged in transporting logs, chips, or wood residues, which are subject to the South Carolina Unmanufactured Forest Products Trucking Regulations which are promulgated and adopted by the Department of Public Safety's Transport Police Division;"/

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

Rep. TOWNSEND explained the Bill.

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

H. 4012--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. STILLE, with unanimous consent, it was ordered that H. 4012 be read the third time tomorrow.

H. 4838--POINT OF ORDER

The following Joint Resolution was taken up.

H. 4838 -- Reps. Moody-Lawrence, Kirsh, McMahand, Harvin, L. Whipper, Inabinett, M. Hines, Sheheen, J. Hines, Cobb-Hunter, Neal, Breeland, S. Whipper, White, H. Brown, Meacham, Kennedy, McCraw, Bailey, Allison, Young-Brickell, Clyburn, Lloyd, Cave, T. Brown, Scott, Howard, Byrd, Wells, Lee, Canty, Davenport, Simrill, Walker, Anderson, Tripp, Littlejohn, Delleney and Waldrop: A JOINT RESOLUTION TO INSTRUCT THE DEPARTMENT OF REVENUE AND TAXATION TO DEVELOP A PROCESS THAT ALLOWS A DRIVER WHO COMMITS A TRAFFIC VIOLATION IN ANOTHER STATE TO INFORM THE DEPARTMENT OF THE VIOLATION AND ITS DISPOSITION.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.


Printed Page 3068 . . . . . Thursday, April 25, 1996

S. 571--POINT OF ORDER

The following Bill was taken up.

S. 571 -- Senator Peeler: A BILL TO AMEND SECTION 12-36-2680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SALES TAX EXEMPTION CERTIFICATES MAINTAINED ON FILE USED IN MAKING VARIOUS TAX EXEMPT PURCHASES, SO AS TO DELETE THE REQUIREMENT THAT THE PURCHASER SIGN THE INVOICE AND TO MAKE THIS DELETION EFFECTIVE FOR EXEMPT SALES MADE ON OR AFTER JANUARY 1, 1995.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9303AC.96).

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

/SECTION 1. Sections 12-21-400, 12-21-410, 12-21-420, 12-21-430, 12-21-640, 12-21-740, 12-21-2719, 12-21-3120, 12-21-3130, 12-37-20, 12-37-50, 12-37-80, 12-37-221, 12-37-225, 12-37-300, 12-37-310, 12-37-320, 12-37-330, 12-37-340, 12-37-350, 12-37-360, 12-37-370, 12-37-380, 12-37-390, 12-37-400, 12-37-410, 12-37-420, 12-37-430, 12-37-440, 12-37-860, 12-37-870, 12-37-910, 12-37-960, 12-37-1150, 12-37-1320, 12-37-1330, 12-37-1410, 12-37-1420, 12-37-1430, 12-37-1620, 12-37-1700, 12-37-1710, 12-37-1720, 12-37-1730, 12-37-1740, 12-37-1910, 12-37-2030, 12-37-2040, 12-37-2050, 12-37-2060, 12-37-2210, 12-37-2220, 12-37-2230, 12-37-2240, 12-37-2250, 12-37-2260, 12-37-2727, 12-39-100, 12-43-10, 12-43-20, 12-43-30, 12-43-40, 12-43-50, 12-43-60, 12-43-220(b), 12-43-235, 12-43-270, 12-49-230, and Chapter 41, Title 12 of the 1976 Code are repealed.

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

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. McMAHAND 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.


Printed Page 3069 . . . . . Thursday, April 25, 1996

ORDERED TO THIRD READING

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

S. 273 -- Senators Richter, Courtney, Rose, O'Dell, Hayes, Elliott, Reese and Giese: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT SURVIVING SPOUSES OF LAW ENFORCEMENT OFFICERS, AS DEFINED IN SECTION 23-6-400(D)(1), KILLED IN THE LINE OF DUTY SHALL RECEIVE THE SAME PROPERTY TAX EXEMPTION AS SURVIVING SPOUSES OF SERVICEMEN KILLED IN THE LINE OF DUTY.

Rep. McKAY explained the Bill.

H. 4976 -- Reps. Rhoad and Cave: A BILL TO AMEND SECTION 16-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARSON, SO AS TO PROVIDE A SEPARATE PENALTY FOR ARSON OF A BUILDING OF WORSHIP.

Rep. RHOAD explained the Bill.

S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.

Rep. BAXLEY explained the Joint Resolution.

S. 273--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. McKAY, with unanimous consent, it was ordered that S. 273 be read the third time tomorrow.

H. 4976--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 4976 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. BAXLEY asked unanimous consent that S. 1122 be read a third time tomorrow.

Rep. SHEHEEN objected.


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