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 380, Jan. 30 | Printed Page 400, Jan. 31 |

Printed Page 390 . . . . . Wednesday, January 31, 1996

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1024 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1996, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1996, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1078 -- Senator Land: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING DR. ALICE STUCKEY GRAVES, ONE OF LEE COUNTY'S OUTSTANDING CITIZENS, FOR HER ACCOMPLISHMENTS AND HER CONTRIBUTIONS TO THE SUCCESS OF HER COMMUNITY.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 4517 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp, Vaughn, Cotty, Thomas, Kelley, Chamblee, J. Brown, Martin, Shissias, Tucker, P. Harris, Wofford, Law, Dantzler, Scott, Neal, Howard, H. Brown, Harrison, Young-Brickell, Klauber, Stille, Harvin, Keegan, Wright, Cato, Cooper, Rice, Simrill, Easterday, Trotter, Herdklotz,


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Meacham, Rhoad, Mason, Walker, Littlejohn, Whatley, Hallman, McCraw, Wells, Sandifer, Askins, R. Smith, Knotts, D. Smith, Elliott, McMahand, Fleming, Phillips, Delleney, Govan, Waldrop and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-5-270 SO AS TO AUTHORIZE THE INVESTMENT OF THE FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS IN EQUITY SECURITIES OF CORPORATIONS WITHIN THE UNITED STATES, TO ESTABLISH THE EQUITY INVESTMENT ADVISORY COUNCIL AND PROVIDE FOR ITS MEMBERSHIP AND DUTIES, INCLUDING RECOMMENDATIONS WITH RESPECT TO AN ANNUAL EQUITY INVESTMENT PLAN PREPARED BY THE STATE TREASURER SUBJECT TO THE REVIEW AND APPROVAL OF THE STATE BUDGET AND CONTROL BOARD, TO ESTABLISH REQUIREMENTS FOR THE ANNUAL PLAN, PROVIDE REPORTING REQUIREMENTS, AND AUTHORIZE THE RETAINING OF PERSONS OR FIRMS TO MANAGE AND ASSIST WITH THESE INVESTMENTS; TO AMEND SECTIONS 9-1-1310 AND 9-11-240, RELATING TO INVESTING OF FUNDS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW THE INVESTMENTS AUTHORIZED BY THIS ACT, AND TO MAKE THIS ACT EFFECTIVE ON THE RATIFICATION DATE OF A CONSTITUTIONAL AMENDMENT AUTHORIZING ITS TERMS.

Referred to Committee on Ways and Means.

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.

Referred to Committee on Ways and Means.

H. 4519 -- Reps. Knotts, Fulmer, Lloyd, Inabinett, Williams, Wright, Kelley, Keegan and Riser: A BILL TO AMEND SECTION 9-8-120, AS


Printed Page 392 . . . . . Wednesday, January 31, 1996

AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT ELIGIBILITY AND RETIREMENT BENEFITS FOR MEMBERS OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE FOR THE RECALCULATION OF THE BENEFITS OF RETIRED JUDGES AND JUSTICES WHO CONTINUE FULL JUDICIAL DUTIES FOR PURPOSES OF RECEIVING THE ADDITIONAL BENEFITS PROVIDED RETIREES FOR SERVICE IN EXCESS OF TWENTY-FIVE YEARS, AND TO PROVIDE THE CONTRIBUTION REQUIREMENTS FOR RECEIVING THESE ADDITIONAL BENEFITS.

Referred to Committee on Ways and Means.

H. 4520 -- Rep. H. Brown: 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 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


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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.

Referred to Committee on Judiciary.

H. 4521 -- Reps. Hallman and H. Brown: A BILL TO AMEND SECTION 59-53-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNDING, BUDGETING, AND ACCOUNTING FOR THE TECHNICAL EDUCATION SYSTEM, SO AS TO DELETE THE LOCAL MATCHING FUNDS EXEMPTION FOR CAPITAL FACILITIES AT DENMARK AND BEAUFORT TECHNICAL COLLEGES.

Referred to Committee on Ways and Means.

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.

Referred to Committee on Judiciary.

H. 4523 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO CATEGORICALLY NEEDY ELIGIBLE GROUPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1865, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.


Printed Page 394 . . . . . Wednesday, January 31, 1996

H. 4524 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD STORE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1900, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4525 -- Rep. Scott: A BILL TO AMEND SECTION 40-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GENERAL CONTRACTOR", SO AS TO INCREASE THE AMOUNT OF THE COST OF AN UNDERTAKING BEFORE A PERSON IS REQUIRED TO OBTAIN A GENERAL CONTRACTOR'S LICENSE.

Referred to Committee on Labor, Commerce and Industry.

H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.

Referred to Committee on Judiciary.

S. 823 -- Senators Wilson, Stilwell, Jackson, Martin and Lander: A BILL TO AMEND SECTION 14-25-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM PENALTIES THAT MUNICIPAL COURTS MAY IMPOSE, SO AS TO PROVIDE THAT A MUNICIPAL COURT MAY ORDER RESTITUTION IN ADDITION TO CRIMINAL PENALTIES WHENEVER A PARTY IS FOUND GUILTY OF VIOLATING A MUNICIPAL ORDINANCE OR A STATE LAW WITHIN THE JURISDICTION OF THE COURT.

Referred to Committee on Judiciary.


Printed Page 395 . . . . . Wednesday, January 31, 1996

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, H.
Brown, J.            Brown, T.            Byrd
Cain                 Carnell              Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Cromer               Dantzler             Delleney
Easterday            Elliott              Fleming
Fulmer               Gamble               Govan
Hallman              Harrell              Harris, J.
Harrison             Haskins              Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Jaskwhich            Jennings             Keegan
Kelley               Kennedy              Keyserling
Kinon                Kirsh                Koon
Lanford              Law                  Lee
Limehouse            Littlejohn           Loftis
Marchbanks           Martin               Mason
McAbee               McCraw               McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neal                 Neilson
Phillips             Rhoad                Rice
Richardson           Riser                Rogers
Sandifer             Scott                Sharpe
Sheheen              Shissias             Simrill
Smith, R.            Spearman             Stille
Stoddard             Stuart               Thomas
Townsend             Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
Whipper, S.          White                Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

Printed Page 396 . . . . . Wednesday, January 31, 1996

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, January 31. Lynn Seithel G. Ralph Davenport, Jr. Alfred B. Robinson, Jr. Ralph W. Canty John G. Felder Doug Smith Patrick B. Harris L. Hunter Limbaugh Daniel L. Tripp C. Alex Harvin III J.M. Knotts, Jr. Joseph T. McElveen, Jr.

Total Present--120

LEAVE OF ABSENCE

The SPEAKER granted Rep. KLAUBER a leave of absence for the day.

LEAVE OF THE HOUSE

The SPEAKER granted Reps. CANTY, D. SMITH and LIMBAUGH a leave of the House due to a Judicial Screening Committee meeting.

STATEMENT OF ATTENDANCE

Reps. HALLMAN and RHOAD signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, January 16.

STATEMENT RE ATTENDANCE

Rep. KLAUBER signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, January 31.

STATEMENT RE ATTENDANCE

Rep. McELVEEN signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, January 30.

DOCTOR OF THE DAY

Announcement was made that Dr. Ken DeHart of Myrtle Beach is the Doctor of the Day for the General Assembly.


Printed Page 397 . . . . . Wednesday, January 31, 1996

SENT TO THE SENATE

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

H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4506 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.

ORDERED TO THIRD READING

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

S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.

H. 4515--DEBATE ADJOURNED

Rep. HASKINS moved to adjourn debate upon the following Bill until Thursday, February 1, which was adopted.

H. 4515 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.


Printed Page 398 . . . . . Wednesday, January 31, 1996

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.

H. 4338--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

Reps. HODGES and SHARPE proposed the following Amendment No. 2, which was adopted.

Amend the bill further by adding an appropriately numbered section to read:

"Notwithstanding any other provisions of law, the Department of Natural Resources may not provide for a break in the deer season on private lands in Game Zone 4."

Rep. HODGES explained the amendment.

The amendment was then adopted.


Printed Page 399 . . . . . Wednesday, January 31, 1996

Reps. SPEARMAN, CARNELL, KLAUBER, STILLE, McABEE, STODDARD, WILDER, WALDROP and CLYBURN proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22262SD.96), which was adopted.

Amend the bill, as and if amended, by striking Section 50-11-310 of the 1976 Code as contained in SECTION 1 and inserting:

/Section 50-11-310. (A) The open season for taking antlered deer is:

(1) Game Zones 1, 2, and 4: as set by the department between October first and January first. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these game zones. However, antlered deer may be taken in these game zones on Sunday on private land during the open season;

(2) Game Zone 2: as set by the department between September first and January first with bow and arrow and between September fifteenth and January first with firearms. The department may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in this game zone. However, antlered deer may be taken in this game zone on Sunday on private land during the open season;

(3)(2) Game Zones 5 and 7: with bow and arrow September first through January first and with firearms September fifteenth through January first;

(4)(3) Game Zones 8 and 9: August fifteenth to August thirty-first with bow and arrow only and September first through January first with firearms. Antlerless deer may be taken December fifteenth through January first with bow and arrow only;

(5)(4) Game Zone 10: September first through January first with bow and arrow only and with firearms September fifteenth through January first.

(B) Except as provided in subsection (A), the season for taking antlered deer is August fifteenth through January first.

(C) It is unlawful to pursue deer with dogs except during the prescribed season for hunting deer./

Renumber sections to conform.

Amend totals and title to conform.

Rep. SPEARMAN explained the amendment.

The amendment was then adopted.

Rep. WITHERSPOON explained the Bill.


| Printed Page 380, Jan. 30 | Printed Page 400, Jan. 31 |

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