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 3110, Apr. 30 | Printed Page 3130, Apr. 30 |

Printed Page 3120 . . . . . Tuesday, April 30, 1996

S. 1358 -- Senator Thomas: A BILL TO AMEND SECTION 27-18-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO CHANGE THE ADMINISTRATOR OF THE ACT FROM THE DEPARTMENT OF REVENUE AND TAXATION TO THE STATE TREASURER.

Referred to Committee on Judiciary.

S. 1361 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO UNIFORM CLASSIFICATION AND TERRITORIAL PLAN, AUTOMOBILE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.

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

S. 1366 -- Senator Holland: A BILL TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A


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MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.

Referred to Committee on Judiciary.

S. 1386 -- Senator Land: A BILL TO AMEND SECTION 57-25-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PLACEMENT OF SIGNS WITHIN THE RIGHT-OF-WAY OF A HIGHWAY, SO AS TO AUTHORIZE PLACEMENT OF SIGNS IN THIS AREA, WITH CERTAIN RESTRICTIONS.

Referred to Committee on Education and Public Works.

S. 1395 -- Senator Courtney: A BILL TO AMEND SECTION 5-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMS AND SELECTION OF MUNICIPAL GOVERNMENT, SO AS TO PROVIDE THAT A MUNICIPALITY WHICH FAILED TO ADOPT ONE OF THE SPECIFIED FORMS OF GOVERNMENT WITHIN FIFTEEN MONTHS OF DECEMBER 31, 1977, IS CONSIDERED TO HAVE FORFEITED ITS ARTICLES OF INCORPORATION UNTIL IT CERTIFIES THE ADOPTION OF ONE OF THE FORMS TO THE SECRETARY OF STATE, AND TO FURTHER PROVIDE THAT THE ARTICLES OF INCORPORATION MUST BE REINSTATED UPON THE CERTIFICATION OF THE ADOPTION.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 4982 -- Reps. Richardson and Keyserling: A CONCURRENT RESOLUTION CONGRATULATING MR. MARK BRYAN, MR. DEAN FELBER, MR. DARIUS RUCKER, AND MR. JIM "SONI" SONEFELD, ALL MEMBERS OF THE MUSICAL GROUP, HOOTIE AND THE BLOWFISH, FOR BRINGING RECOGNITION TO THE


Printed Page 3122 . . . . . Tuesday, April 30, 1996

STATE OF SOUTH CAROLINA THROUGH THEIR EFFORTS AND SUCCESS AS PROFESSIONAL MUSICIANS.

Whereas, the musical group, Hootie and the Blowfish, has attained multi-platinum status for sales of its album, "Cracked Rear View"; and

Whereas, the group received the Best New Artist award from MTV and also received the Best New Artist award from Billboard magazine; and

Whereas, the group was nominated as Artist of the Year at the American Music Awards and has been recognized by the music industry by receiving Grammy awards for "Best Pop Song by a Vocal Group or Duo" and for "Best New Group"; and

Whereas, Columbia residents Mark Bryan, Dean Felber, Darius Rucker, and Jim "Soni" Sonefeld comprise this fantastic musical group and have brought positive recognition and accolades to the Palmetto State through their talent and success. 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, congratulates Mr. Mark Bryan, Mr. Dean Felber, Mr. Darius Rucker, and Mr. Jim "Soni" Sonefeld, all members of the musical group, Hootie and the Blowfish, for bringing recognition to the State of South Carolina through their efforts and success as professional musicians.

Be it further resolved that copies of this resolution be forwarded to Mr. Mark Bryan, Mr. Dean Felber, Mr. Darius Rucker, and Mr. Jim "Soni" Sonefeld.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4983 -- Reps. Govan, Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal,


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Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EUGENE MONTGOMERY OF ORANGEBURG, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

ROLL CALL

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

Allison              Anderson             Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Byrd                 Cain
Canty                Carnell              Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Cromer               Dantzler             Delleney
Easterday            Felder               Fleming
Fulmer               Gamble               Govan
Hallman              Harrell              Harris, J.
Harris, P.           Harrison             Hines, J.
Hines, M.            Hutson               Inabinett
Jaskwhich            Keegan               Kelley
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               Marchbanks
Martin               Mason                McAbee
McCraw               McKay                McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Neilson              Phillips
Quinn                Rice                 Richardson
Riser                Robinson             Sandifer
Scott                Sharpe               Sheheen

Printed Page 3124 . . . . . Tuesday, April 30, 1996

Shissias             Simrill              Smith, D.
Smith, R.            Spearman             Stille
Stoddard             Stuart               Thomas
Townsend             Tripp                Trotter
Tucker               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 Tuesday, April 30. G. Ralph Davenport, Jr. Timothy F. Rogers Douglas Jennings, Jr. Joseph T. McElveen, Jr. Leon Howard James H. Hodges Lynn Seithel

Total Present--116

LEAVES OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence for the week due to surgery.

The SPEAKER granted Rep. HERDKLOTZ a leave of absence for the week.

The SPEAKER granted Rep. HASKINS a leave of absence for the week.

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

The SPEAKER granted Rep. HODGES a temporary leave of absence.

The SPEAKER granted Rep. SEITHEL a temporary leave of absence.


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SILENT PRAYER

On motion of Rep. STODDARD, the House stood in silent prayer in memory of Mr. Frances L. Willis, former Commissioner of the Department of Transportation.

SPECIAL PRESENTATION

Reps. ALLISON and CROMER presented to the House the 1995 "Miss South Carolina", Amanda Elizabeth Spivey and the 1996 Miss South Carolina contestants.

ORDERED TO THIRD READING

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

H. 4977 -- Rep. McKay: A BILL TO RESTRICT IN FLORENCE COUNTY THE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS UNDER CERTAIN CONDITIONS AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.

S. 944--DEBATE ADJOURNED

Rep. T. BROWN moved to adjourn debate upon the following Bill until Thursday, May 2, which was adopted.

S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.

S. 972--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 972 -- Senator Bryan: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

Reps. WILDER, STODDARD and CARNELL proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22772CM.96), which was adopted.


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Amend the bill, as and if amended, on line 21 by adding at the end of SECTION 1 /retroactive to July 1, 1995/

Renumber sections to conform.

Amend totals and title to conform.

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

S. 1375--DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the following Bill until Wednesday, May 8, which was adopted.

S. 1375 -- Senator Matthews: A BILL TO PROVIDE THAT ORANGEBURG COUNTY ON JULY 1, 1997, SHALL CONSIST OF THREE CONSOLIDATED SCHOOL DISTRICTS, EACH TO BE COMPOSED OF CERTAIN OF THE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY WITH THESE EIGHT PRESENT SCHOOL DISTRICTS OF THE COUNTY BEING ABOLISHED ON JULY 1, 1997; TO PROVIDE THAT EACH CONSOLIDATED SCHOOL DISTRICT SHALL BE GOVERNED BY A BOARD OF TRUSTEES WHO SHALL BE ELECTED IN NONPARTISAN ELECTIONS ON SPECIFIED DATES; TO PROVIDE FOR THE COMPOSITION AND MANNER OF ELECTION OF EACH CONSOLIDATED BOARD; TO ESTABLISH AN ORANGEBURG COUNTY BOARD OF EDUCATION ON JULY 1, 1997, TO BE COMPOSED OF SEVEN MEMBERS ELECTED IN NONPARTISAN ELECTIONS IN THE MANNER SPECIFIED; TO PROVIDE FOR THE POWERS AND DUTIES OF THE COUNTY BOARD AND THE CONSOLIDATED BOARDS; TO PROVIDE FOR THE MANNER IN WHICH SCHOOL BUDGETS MUST BE PREPARED AND SCHOOL TAX MILLAGE DETERMINED AND LEVIED; TO AUTHORIZE FINANCIAL INCENTIVES FOR SCHOOL YEAR 1997-98 ONLY TO ENCOURAGE THE RETIREMENT OF SCHOOL DISTRICT PERSONNEL CURRENTLY WORKING BEYOND RETIREMENT AGE; TO PROVIDE FOR THE TRANSFER OF THE ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS OF THE EIGHT PRESENT SCHOOL DISTRICTS TO THE COUNTY BOARD WITH CERTAIN EXCEPTIONS; TO PROVIDE FOR THE MANNER IN WHICH THE CONSTITUTIONAL DEBT LIMITATION OF THE COUNTY BOARD FOR THE ISSUANCE OF GENERAL OBLIGATION BONDS MUST BE DETERMINED; AND TO PROVIDE FOR THE


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REALIZATION OF CERTAIN ADMINISTRATIVE COST SAVINGS BY JULY 1, 2000.

SENT TO THE SENATE

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

H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: A BILL TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.

H. 4670 -- Reps. Allison, Neal, G. Brown, Inabinett, Sandifer, McKay, J. Hines, Meacham, Cain, Wells, L. Whipper, Vaughn, Simrill, Lee, Waldrop, Herdklotz, Davenport, Byrd, Rice, Littlejohn, Rhoad, Lloyd, J. Brown, Haskins, Wilkes and Spearman: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL NEGLECT OF CHILDREN AND HELPLESS PERSONS, SO AS TO EXPAND THE CATEGORIES OF PERSONS CARING FOR CHILDREN AND HELPLESS PERSONS WHO ARE SUBJECT TO THIS SECTION.

ORDERED ENROLLED FOR RATIFICATION

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

ACTING SPEAKER CATO IN CHAIR

Printed Page 3128 . . . . . Tuesday, April 30, 1996

H. 4251--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 1, which was adopted.

H. 4251 -- Rep. Hodges: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SAFETY BELTS, SO AS TO MAKE A DRIVER RESPONSIBLE FOR REQUIRING EACH OCCUPANT OF A MOTOR VEHICLE UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR ANOTHER CHILD RESTRAINT SYSTEM, TO CREATE THE OFFENSE OF FAILURE TO SECURE A SAFETY BELT ON A MINOR, TO PROVIDE FOR PENALTIES AND EXCEPTIONS TO THIS OFFENSE, TO REVISE THE PROVISIONS WHICH EXCLUDE CERTAIN OCCUPANTS FROM WEARING A SAFETY BELT, TO REVISE THE PENALTIES FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS REQUIREMENT.

H. 4245--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 1, which was adopted.

H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.

H. 4477--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE


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OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.

AMENDMENT NO. 2--ADOPTED

Debate was resumed on Amendment No. 2, which was proposed on Thursday, April 25, by Reps. TRIPP and STILLE.

Rep. STILLE explained the amendment.

The amendment was then adopted.

Rep. STILLE explained the Bill.

SPEAKER IN CHAIR

Rep. QUINN moved to adjourn debate upon the Bill until Wednesday, May 1, which was adopted.

MOTION ADOPTED

Rep. HARRISON moved that the House stand at ease until the Ratification of Acts, and upon completion, the House stand adjourned, which was agreed to.

HOUSE STANDS AT EASE

The House stood at ease.

THE HOUSE RESUMES

At 12:59 P.M. the House resumed, the SPEAKER in the Chair.

RATIFICATION OF ACTS

At 1:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R296) S. 68 -- Senators McConnell, Rose and O'Dell: AN ACT TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE


Printed Page 3130 . . . . . Tuesday, April 30, 1996

TORT CLAIMS ACT, SO AS TO INCLUDE TECHNICAL EXPERTS IN THE DEFINITION OF "EMPLOYEE".


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