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 3300, May 7 | Printed Page 3320, May 7 |

Printed Page 3310 . . . . . Tuesday, May 7, 1996

(5) Department of Health and

Environmental Control-

Immunization, Preventable

Disease, Other. . . . .4,282,000

(6) Capital Improvements -

Carolina Cup Racing Asso.. . . . .50,000

(7) Department of Health and

Human Services-

Emotionally Disturbed Children. . . . .12,000,000

(8) Technical Education Commission-

Special Schools. . . . .2,000,000

(9) Judicial Department

(a) Nine New Judges. . . . .328,005

(b) Alternative Dispute

Resolution. . . . .100,000

(c) Family Court Clerks. . . . .208,000

(10) Department of Corrections-

Kershaw Prison Opening. . . . .5,146,000

(11) Department of Juvenile Justice

(a) Statewide Program/Services. . . . .1,153,200

(b) Improve Condition in

Facilities. . . . .286,703

(12) State Budget and Control Board-

Equity Lawsuit. . . . .150,000

(13) Department of Social Services-

Family Independence Act-

Welfare Reform. . . . .2,000,000

The intent of the General Assembly is that the Department of Social Services not duplicate services available at the Employment Security Commission and other State agencies. All State agencies are divided to cooperate with DSS as it implements the Family Independence Act of 1995.

(14) Commission on Higher Education

(a) EPSCOR -

Competitive Research Match. . . . .2,000,000

(b) SCAMP -

Minority Ph.D. in Science. . . . .600,000

(c) SREB Contract Veto-

Vet School Tuition Assistant. . . . .39,150

(15) DNR-Aquatic Weed Treatment. . . . .200,000


Printed Page 3311 . . . . . Tuesday, May 7, 1996

(16) Department of Commerce

(a) Trade Office in Frankfurt. . . . .120,000

(b) European Consultant. . . . .45,000

(c) Advertising Budget. . . . .283,450

(d) Foreign Office -

Exchange Rate Shortfall. . . . .264,000

(17) Public Education -

School for Science and Math. . . . .25,625

(18) School for The Deaf and

The Blind

(a) Training and Staff Development. . . . .128,150

(b) Rock Hill Outreach Service

Center. . . . .44,000

(19) Probation, Parole, and Pardon-

Offender Supervision. . . . .1,658,116

(20) Attorney General-

Computer Upgrade. . . . .50,000

(21) Appellate Defense-

Administration. . . . .10,000

(22) Indigent Defense-

Maintain Standards. . . . .1,500

(23) Department of Public Safety-

Computer Upgrade. . . . .1,000,000

(24) South Carolina Law Enforcement

Division-

DNA Banking Program. . . . .266,000

(25) Sentencing Guidelines-

Operating . . . . .6,000

(26) Human Affairs -

Five Investigators. . . . .150,000

(27) DAODAS - Juvenile

Offender Treatment Program. . . . .400,000

(28) Archives & History -

Video Tapes & Curr Dev. . . . .34,000

(29) Department of Social Studies -

Camp Happy Days. . . . .77,000

(30) Immunization. . . . . 3,000,000

(31)State Library - Ware Shoals Community

Library State Match. . . . .50,000

(32) Statehouse Renovation. . . . .3,950,000


Printed Page 3312 . . . . . Tuesday, May 7, 1996

(33) Winthrop - Sims Math &

Science Complex. . . . .3,000,000

(34) Clemson - Central Energy Facility. . . . .8,000,000

(35) USC-Columbia-

New Science Research Complex. . . . .10,000,000

(36) Corrections. . . . .9,000,000

The Department of Corrections shall only use the funds provided for existing or temporary positions, but this requirement does not extend to hiring necessary to open the Kershaw facility.

(37) Columbia -

New Sports Arena. . . . .2,500,000

(38) Technical Education Commission-

Special Schools. . . . .4,000,000

(39) University of South Carolina-

Aiken

New Building Matching Funds. . . . .1,500,000

(40) Technical College - Beaufort-

Health Science Building. . . . .1,000,000

(41) Archives and History-

S. C. History Center. . . . .5,100,000

(42) Coastal Carolina-

Humanities Building. . . . .7,000,000

(43) College of Charleston-Library. . . . .6,000,000

(44) Lander - Barrett Hall

Renovation and Equipment. . . . .750,000

(45) Educational Television-

Restore Base. . . . .1,700,000

(46) Chesterfield-Marlboro Technical-

Classroom and Library. . . . .2,000,000

(47) Clemson PSA - Greenhouse. . . . .2,400,000

(48) Clemson PSA - Camp Long, Flax. . . . .600,000

(49) Department of Mental Health-

Patient Paying Fee Account. . . . .3,800,000

(50) Emergency Medical Services/Computer. . . . .795,830

(51) Parks, Recreation and

Tourism-

Lake Murray Facility. . . . .150,000

(52) Department of Commerce-

Advertising. . . . .480,000

(53) Health and Human Services-

Medicaid Increased Caseload. . . . .3,000,000


Printed Page 3313 . . . . . Tuesday, May 7, 1996

(54) Department of Natural

Resources-

Law Enforcement Vehicles. . . . .1,200,000

(55) DDSN -

Family Support Services. . . . .1,300,000

(56) University of South Carolina

Columbia

Columbia Museum of Art Building. . . . .1,000,000

(57) Department of Juvenile Justice-

Computer. . . . .500,000

(58) Budget & Control Board -

Property Tax Form Revision. . . . .250,000

(59) Airport Improvement. . . . .3,000,000

(60) Parks, Recreation and

Tourism-Discovery Centers. . . . .2,000,000

(61) Judicial Department-

Computers. . . . .440,000

(62) DSS - Foster Care Matching Grant. . . . .678,800

DMH - Gateway House. . . . .79,000

Blind Comm. - Roof Repair. . . . .391,840

Adjutant General's Office -

Emergency Preparedness. . . . .900,000

Budget & Control Board - 800 Megahertz

System. . . . .7,000,000

(63) Infrastructure Revolving

Loan Fund. . . . .9,500,000

(64) Governor's Office-Governor's School for

the Arts. . . . . 3,000,000

(65) Governor's Office-Governor's School for

Math and Science. . . . . 5,000,000

(66) Multi-District Career Centers. . . . . 3,000,000

(67) State Treasury: Special Account-Motor

Vehicle Property Tax Relief Fund. . . . . 10,000,000

(68) DHEC - Ocean and Coastal Resources

Management. . . . .300,000
. . . . .

Total. . . . .227,513,547

SECTION 3. (A) Appropriations in Section 2 are in priority order beginning with item (1) and each separate appropriation must be fully funded before the next appropriation in order is paid.


Printed Page 3314 . . . . . Tuesday, May 7, 1996

Any surplus funds remaining in excess of the items provided for in Section 2, in an amount not to exceed twenty-six million dollars, must be provided to the State Department of Education to purchase student transport vehicles or bus parts.

(B) Unexpended funds appropriated pursuant to this Part may be carried forward to succeeding fiscal year and expended for the same purposes.

SECTION 4. A. Chapter 45, Title 12 of the 1976 Code is amended by adding:

"Section 12-45-73. (A) Every property tax bill for real property must include for each governmental entity imposing a property tax, the tax due for the preceding property tax year for both the operating and debt service for that entity, as well as the current year's tax due for operating and debt service purposes. This requirement does not apply when improvements have been made to the property or the assessment ratio or use classification of the property has changed from the previous property tax year.

(B) To the extent funds are appropriated for this purpose, any governmental entity which issues property tax notices must be reimbursed for any cost incurred to implement the requirements of this section upon following the procedure set forth below, in the manner set forth below. Reimbursable costs under this provision include costs for acquisition or modification of computer software, computer hardware, tax forms, incremental increases in postage due to increased form size or weight, and any surcharges or increases in the cost of a contract between the governmental entity and a private service which handles property tax notice preparation, printing, or mailing for which the governmental entity is contractually bound to pay.

A special one-time appropriation from the general fund of the State of two hundred fifty thousand dollars is provided for the reimbursements authorized by this subsection. Any governmental entity affected by this requirement may submit a cost estimate solely for the cost of implementing this requirement to the Budget & Control Board, Advisory Council on Intergovernmental Relations, which shall provide an analysis of statewide costs for implementation and shall report its findings to the General Assembly by January 20, 1997. Funds provided herein may be allocated by the Budget & Control Board to reimburse local entities, to provide objective cost reviews, and to develop uniform property tax reporting processes."

B. Upon approval by the Governor, this section is effective for property tax years beginning after 1996.


Printed Page 3315 . . . . . Tuesday, May 7, 1996

SECTION 5. Except where otherwise provided, this Part takes effect upon approval by the Governor, but no appropriation in Section 2 may be paid until after the Comptroller General closes the state's books on fiscal year 1995-96.

END OF PART V

PART VI - Deleted

All Acts or parts of Acts inconsistent with any of the provisions of Part I, Part III, Part IV, Part V, or Part VI of this Act are suspended for the Fiscal Year 1996-97.

All Acts or parts of Acts inconsistent with any of the provisions of Part II of this Act are repealed.

Except as otherwise specifically provided herein, this Act takes effect immediately upon its approval by the Governor./

Amend title, sections, and totals to conform.

Rep. FELDER 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.

CONCURRENT RESOLUTION

The following was introduced:

H. 4997 -- Reps. Walker and Richardson: A CONCURRENT RESOLUTION TO COMMEND THE INDEPENDENT INSURANCE AGENTS OF AMERICA, INC., (IIAA) ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4998 -- Reps. Sandifer and Klauber: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR CHIEF WARRANT OFFICER FIVE HURMAN FRANKLIN HUGHES FOR THIRTY-SEVEN YEARS OF SERVICE TO SOUTH CAROLINA AND THIS NATION.

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


Printed Page 3316 . . . . . Tuesday, May 7, 1996

INTRODUCTION OF BILLS

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

H. 4999 -- Rep. Fulmer: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS.

Referred to Charleston Delegation.

S. 1380 -- Senators McConnell and Washington: A BILL TO AMEND SECTION 23-11-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO PROVIDE THAT FINGERPRINTS MUST BE MADE AVAILABLE TO THE STATE LAW ENFORCEMENT DIVISION FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE, RATHER THAN SIXTY DAYS BEFORE THE CLOSE OF QUALIFICATION FOR ELECTION TO THE OFFICE; TO PROVIDE THAT CANDIDATES MUST FILE A SWORN AFFIDAVIT FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE RATHER THAN WITHIN SIXTY DAYS BEFORE HE QUALIFIES; AND TO PROVIDE THAT THIS ACT APPLIES WITH RESPECT TO CANDIDATES FILING FOR ELECTION BEGINNING JANUARY 1, 1996.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 5000 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. HERBERT MELLETTE, JR., OF TURBEVILLE, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5001 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper:


Printed Page 3317 . . . . . Tuesday, May 7, 1996

A CONCURRENT RESOLUTION PROUDLY COMMENDING AND EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND W.H. "BILL" ALSTON OF AWENDAW, SOUTH CAROLINA, FOR HIS GENEROSITY AND COMPASSION TO THE CITIZENS OF HIS COMMUNITY, COUNTY, AND STATE.

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

HOUSE RESOLUTION

The following was introduced:

H. 5002 -- Rep. Harvin: A HOUSE RESOLUTION TO REQUEST THE STATE LAW ENFORCEMENT DIVISION AND THE DEPARTMENT OF PUBLIC SAFETY TO STUDY THE SAFETY PROCEDURES USED AT CONVENIENCE STORES AND TO REPORT THEIR FINDINGS AND RECOMMENDATIONS TO THE HOUSE JUDICIARY COMMITTEE.

The Resolution was ordered referred to the Committee on Judiciary.

ROLL CALL

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

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, G.            Brown, J.
Brown, T.            Byrd                 Cain
Canty                Carnell              Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Cromer               Dantzler             Davenport
Delleney             Easterday            Felder
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harris, P.           Harrison             Harvin
Haskins              Hines, J.            Hines, M.
Howard               Hutson               Inabinett
Jaskwhich            Jennings             Keegan
Kelley               Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law

Printed Page 3318 . . . . . Tuesday, May 7, 1996

Lee                  Limbaugh             Littlejohn
Lloyd                Loftis               Marchbanks
Martin               Mason                McAbee
McCraw               McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Scott
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Thomas               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
White                Wilkes               Wilkins
Williams             Witherspoon          Wofford
Wright               Young                Young-Brickell
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, May 7. Harold G. Worley Timothy F. Rogers Jackson S. Whipper Jerry N. Govan, Jr. Joseph T. McElveen, Jr. Donny Wilder James H. Hodges H.B. Limehouse III Lynn Seithel Richard M. Quinn, Jr. Woodrow M. McKay Henry E. Brown, Jr.

Total Present--120

LEAVES OF ABSENCE

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

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

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


Printed Page 3319 . . . . . Tuesday, May 7, 1996

DOCTOR OF THE DAY

Announcement was made that Dr. Al Pakalnis of Columbia is the Doctor of the Day for the General Assembly.

S. 944--DEBATE ADJOURNED

Rep. THOMAS moved to adjourn debate upon the following Bill until Wednesday, May 8, 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.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

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


Printed Page 3320 . . . . . Tuesday, May 7, 1996

MAINTENANCE OF A MINIMUM NUMBER OF RESTITUTION BEDS AND PUBLISHING OF AN ANNUAL REPORT CONCERNING THE STATE'S EFFORTS TO COLLECT RESTITUTION AND OTHER 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.


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