1996 Permanent House Journal Printed Pages 3210-3219 - South Carolina Legislature Online

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 3200, May 1 | Printed Page 3220, May 1

Printed Page 3210 . . . . . Wednesday, May 1, 1996

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.

H. 4631--OBJECTIONS WITHDRAWN AND OBJECTIONS

Upon the withdrawal of objections by Reps. TROTTER and MARCHBANKS, the following Bill was taken up.

H. 4631 -- Reps. Wilkes, G. Brown, Bailey, Simrill, Meacham, J. Young, Fulmer, Sharpe, Shissias, Wofford, Young-Brickell, Limehouse, Wright, Davenport, Whatley, Cain, Tucker, Carnell, Hodges, R. Smith, Whatley, Breeland, Wilder, Stoddard, Richardson, Cromer, McMahand, Fulmer, L. Whipper, J. Brown, Scott, J. Hines, Knotts, Marchbanks, Neilson, Kennedy and Kinon: A BILL TO AMEND SECTION 12-36-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES BEGINNING JULY 1, 1997.

Reps. ROBINSON and TROTTER objected to the Bill.

H. 4447--OBJECTION WITHDRAWN

Rep. SHEHEEN withdrew his objection to H. 4447 however, other objections remained upon the Bill.

OBJECTION TO RECALL

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

Rep. KNOTTS objected.

Printed Page 3211 . . . . . Wednesday, May 1, 1996

S. 1361--RECALLED FROM THE

COMMITTEE ON LABOR, COMMERCE AND INDUSTRY

On motion of Rep. CATO, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry.

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.

S. 1395--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.

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.

H. 3961--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Tuesday, May 7, which was adopted.

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport:

Printed Page 3212 . . . . . Wednesday, May 1, 1996

A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE

Printed Page 3213 . . . . . Wednesday, May 1, 1996

FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.

H. 4159--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.

Rep. KIRSH explained the Senate amendments.

Rep. SEITHEL spoke against the Senate amendments.

Rep. KIRSH spoke in favor of the Senate amendments.

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.

ACTING SPEAKER CATO IN CHAIR

Printed Page 3214 . . . . . Wednesday, May 1, 1996

H. 3170--DEBATE ADJOURNED

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

H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.

Rep. WILKINS proposed the following Amendment No. 1A (Doc Name P:\amend\GJK\22786HTC.96).

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

/SECTION 1. The Office of Human Resources and the Retirement Systems of the State Budget and Control Board shall jointly conduct a study to determine the full costs and benefits of allowing members of the South Carolina Retirement System to retire at any age without penalty with at least twenty-five years of credited service. The study must address all actuarial issues raised by this proposal including the additional costs and options to meet those costs, and a thorough review of the potential benefits of the proposal, including any possible personnel expense reductions. The study shall address these issues with respect to both state and local government employers under the system. The study's findings and conclusions must be reported to the General Assembly no later than November 15, 1996.

SECTION 2. The General Assembly having authorized and initiated the State House Renovations project and finding it necessary to ensure continuous and stable funding to the project, hereby authorizes the S.C. State Budget and Control Board to issue not more than ten million dollars ($10,000,000) of general obligation debt of the State, in the form of one or more promissory notes. The proceeds of the promissory note(s) issued by the Board must be used exclusively for the State House Renovations project, including the expenses and cost of issuing the note(s). General obligation debt for the State House Renovations project shall be issued under such terms and conditions as the State Budget and Control Board shall prescribe; provided, however, that such general obligation debt shall mature not later than December 31, 1996; and, provided further, that there is hereby allocated sufficient tax revenues to provide for the punctual

Printed Page 3215 . . . . . Wednesday, May 1, 1996

payment of the principal of and interest on such general obligation debt. In accordance with the provisions of Article X, Section 13 of the State Constitution, the full faith, credit and taxing power of the State shall be pledged to the payment of the principal of and interest on such general obligation debt. In addition to fulfilling the requirements of Article X, Section 13 of the State Constitution by allocating sufficient tax revenues to provide for the punctual payment of the principal of and interest on the general obligation debt and pledging the full faith, credit and taxing power of the State on the general obligation debt authorized herein, the General Assembly hereby expresses its intent to repay the general obligation debt by an appropriation from the fiscal year 1994-1995 surplus revenues, the fiscal year 1995-1996 Capital Reserve Fund and/or such other revenue sources as are available to the General Assembly.

SECTION 3. This joint resolution takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WILKINS explained the amendment and moved to adjourn debate upon the Senate amendments until Thursday, May 2, which was adopted.

H. 4701--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.

Rep. GAMBLE explained the Senate amendments.

Printed Page 3216 . . . . . Wednesday, May 1, 1996

H. 4801--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 4801 -- Rep. Meacham: A BILL TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTION 8-13-1140.

Rep. MEACHAM explained the Senate amendments.

H. 4585--SENATE AMENDMENTS AMENDED

AND RETURNED TO THE SENATE

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

H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.

Printed Page 3217 . . . . . Wednesday, May 1, 1996

Reps. CATO and KLAUBER proposed the following Amendment No. 1A (Doc Name P:\amend\PT\2500JM.96), which was adopted.

Amend the bill, as and if amended, page 1, by striking Section 38-71-275(A), as contained in SECTION 1, at lines 27 through 37 and inserting:

/(A) No insurance policy which provides coverage for drugs shall exclude coverage of any such drug used for the treatment of cancer on the grounds that the drug has not been approved by the Federal Food and Drug Administration for the treatment of the specific type of cancer for which the drug has been prescribed; provided, that such drug is recognized for treatment of that specific type of cancer in one of the standard reference compendia or in the medical literature./

Amend totals and title to conform.

Rep. KLAUBER explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 4830--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the Senate amendments to the following Bill until Thursday, May 2, which was adopted.

H. 4830 -- Rep. Harrison: BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, BY ADDING CHAPTER 44 SO AS TO ENACT THE UNIFORM LIMITED LIABILITY COMPANY ACT OF 1996 SO AS TO PROVIDE FOR THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH LIMITED LIABILITY COMPANIES SHALL BE OPERATED AND GOVERNED BEGINNING GENERALLY ON JANUARY 1, 2001, IN CONFORMITY WITH RECENT CHANGES IN FEDERAL REGULATORY DECISIONS REGARDING LIMITED LIABILITY COMPANIES; TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE DEPARTMENT OF REVENUE AND TAXATION DISCLOSING TAXPAYER RECORDS AND REPORTS, SO AS TO PERMIT DISCLOSURE OF SUCH INFORMATION TO THE SECRETARY OF STATE UNDER CERTAIN CONDITIONS; AND TO REPEAL

Printed Page 3218 . . . . . Wednesday, May 1, 1996

CHAPTER 43 OF TITLE 33 RELATING TO LIMITED LIABILITY COMPANIES EFFECTIVE JANUARY 1, 2001.

H. 3140--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.

Rep. McTEER explained the Senate amendments.

SPEAKER IN CHAIR

Rep. McTEER continued speaking.

H. 3858--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.

Rep. HARRISON explained the Senate amendments.

Printed Page 3219 . . . . . Wednesday, May 1, 1996

H. 3268--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.

Rep. HARRISON explained the Senate amendments.

S. 1315--NON-CONCURRENCE IN SENATE AMENDMENTS

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

S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.

Rep. HARRISON explained the Senate amendments.

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

Printed Page 3200, May 1 | Printed Page 3220, May 1

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