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 4000 . . . . . Wednesday, May 22, 1996
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 22, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 363, S. 972 by a vote of 44 to 2.

(R363) S. 972 -- Senator Bryan: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS, McCORMICK, GREENWOOD, AND ABBEVILLE COUNTIES' TRANSPORTATION COMMITTEES.
Very respectfully,
President

The SPEAKER ordered the veto message printed in the Journal.

S. 876--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.

Reps. WILDER, STODDARD and CARNELL, with unanimous consent, proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10884CM.96), which was adopted.

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

/SECTION 1. Section 1 of Act 171 of 1967, as last amended by Act 214 of 1993, is further amended to read:

"Section 1. On or before the first day of July for each year, the boards of trustees of School Districts Fifty-five and Fifty-six in Laurens County shall annually prepare operating budgets and recommend to the county auditor the amount of tax levy necessary to defray the cost of the budgets. The board of trustees of each school district in preparing the budgets may grant to teachers fringe benefits, in lieu of salaries, in forms as it may determine. Certified copies of the budgets signed by a majority of the boards of trustees of the districts must be filed with the auditor and treasurer. Copies of the budget must also be furnished to the county legislative delegation and a summary of the budgets published in a

Printed Page 4001 . . . . . Wednesday, May 22, 1996
newspaper having general circulation within the district. For each tax year, an annual uniform millage for operating purposes must be levied on all taxable property in School Districts Fifty-five and Fifty-six of Laurens County. Monies derived from the levy must first be distributed to each school district to provide the amount necessary under the South Carolina Education Finance Act for required local support. Any monies not paid for required local support must be distributed to the school districts according to the current year's one hundred thirty-five day EFA weighted pupil units. School District Fifty-five and School District Fifty-six of Laurens County shall share the forestry funds according to the current year's one hundred thirty-five day EFA weighted pupil units. For the year 1992, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax levy increase of five mills which shall become a part of the base millage authorization of the districts if imposed. For the school year 1993-94, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax increase of up to eight mills which shall become a part of the base millage authorization of the districts if imposed. Beginning with the school year 1994-95 and thereafter, the boards of trustees of School Districts Fifty-five and Fifty-six may recommend a tax levy increase of up to two mills per year above the base authorization. A tax increase of more than two mills above the base authorization for the school year 1994-95 and thereafter must be approved at a referendum by the electors of the school districts prior to its levy. The referendum must be ordered by the board of trustees and held at places as the boards may designate in each attendance area of the school districts. Notice must be given by publication in all of the newspapers in the county at least once a week for three consecutive weeks prior to the referendum. The notice must give the date of the referendum, the question to be voted upon, and any other information which would aid the voters to understand the question being presented. The boards shall order the referendum to be held not later than the fourth Tuesday in May. If the recommended levy is approved in the referendum, the county auditor shall levy and the treasurer collect the amount specified.

If the board of trustees of either School District Fifty-five or Fifty-six pursuant to the requirements of Section 59-21-1030 of the 1976 Code increases the millage of their respective district in any year, the millage increase which that board is authorized to recommend without a referendum as provided herein is reduced by a like amount for that year, and the limitation on the total amount of increased millage which the board may recommend without a referendum in any one-year period is also reduced by a like amount.

Printed Page 4002 . . . . . Wednesday, May 22, 1996
Notwithstanding any other provision of this section or any other provision of law, commencing in the 1996-97 school year, a permanent six mills shall be levied to be used for alternative schools and other classroom enhancements."/

Amend title to conform.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.

S. 659--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

AMENDMENT NO. 4--TABLED

Debate was resumed on Amendment No. 4 by Rep. KELLEY.

Rep. KELLEY moved to table the amendment, which was agreed to.

Reps. D. SMITH, KELLEY and TUCKER proposed the following Amendment No. 6, which was adopted.

Section 1:

Strike all after the enacting words and insert the text of the original bill - S. 659.

Section 2:

Amend the bill, as and if amended, by inserting the language of the House Judiciary Committee amendment, also known as Amendment #1, Doc. #22864SD.96.

Section 3:

Amend the bill, as and if amended, by adding new sections to the bill. These new sections are in Doc. #2565JM.96, an amendment sponsored by Reps. KELLEY, KEEGAN and WITHERSPOON.

Rep. KELLEY explained the amendment.

The amendment was then adopted.

Rep. KEYSERLING moved to adjourn debate upon the Bill, which was adopted.

Printed Page 4003 . . . . . Wednesday, May 22, 1996
S. 1152--DEBATE ADJOURNED

Rep. LIMBAUGH moved to adjourn debate upon the following Bill, which was adopted.

S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.

S. 73--OBJECTIONS

The following Joint Resolution was taken up.

S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.

Reps. SIMRILL and MARCHBANKS objected to the Joint Resolution.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\6005AC.96).

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

/SECTION 1. It is proposed that Section 3, Article XVII of the Constitution of this State be amended to read:

"Section 3. Divorces from the bonds of matrimony shall be are allowed on the grounds of adultery, desertion, physical cruelty, continuous voluntary separation for a period of at least one year, involuntary separation as defined by law, or habitual drunkenness."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 3, Article XVII of the Constitution of this State be amended so as to provide that the ground for divorce of continuous separation for a period of at least one year must be a voluntary separation

Printed Page 4004 . . . . . Wednesday, May 22, 1996
and that an involuntary separation as defined by law by the General Assembly also may be a ground for divorce?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."/

Amend title to conform.

Rep. LIMBAUGH explained the amendment.

Reps. EASTERDAY, LOFTIS, ROBINSON, CAIN, McELVEEN and INABINETT objected to the Joint Resolution.

ACTING SPEAKER MARTIN IN CHAIR

S. 929--DEBATE ADJOURNED

The following Bill was taken up.

S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.

Rep. RICHARDSON proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2561DW.96), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . Section 4-5-170(B) of the 1976 Code is amended to read:

"(B) Where the area proposed to be annexed is less than fifty acres in size and is titled in the name of ten or fewer freeholders as defined in Section 5-3-240 and upon satisfactory compliance with Sections 4-5-120

Printed Page 4005 . . . . . Wednesday, May 22, 1996
through 4-5-160, the Governor shall order the county board of elections in the county in which the area proposed to be annexed is located to canvass the qualified electors residing in the area as to whether the area proposed to be annexed should be transferred to the annexing county. However, if the area proposed to be annexed has less than two hundred qualified electors residing within it, the governing body of the county in which the area is located must approve, by a majority vote, the proposed annexation. Notice of the canvassing must be given to the qualified electors residing in the area proposed to be annexed by certified mail. The canvassing of the qualified electors must be in the form of a census taken by the county board of elections on the third Tuesday after the notice is given or attempted. If the county commission of elections certifies that two-thirds of the qualified electors in the area proposed to be annexed favor annexation, the governing body of the county to which the area is proposed to be transferred, upon the concurring vote of the governing body of the county from which the area is proposed to be transferred, may vote to require the General Assembly to ratify the transfer of property under Section 4-5-220."/

Renumber sections to conform.

Amend title to conform.

Rep. ROBINSON moved to table the amendment, which was agreed to.

Rep. JENNINGS explained the Bill.

Rep. SCOTT moved to adjourn debate upon the Bill until Thursday, May 23, which was adopted.

S. 1123--OBJECTIONS

The following Bill was taken up.

S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.

Rep. JENNINGS explained the Bill.

Rep. KLAUBER moved to adjourn debate upon the Bill.

Rep. RISER moved to table the motion, which was agreed to.

Printed Page 4006 . . . . . Wednesday, May 22, 1996
Reps. SCOTT, MOODY-LAWRENCE, LLOYD, McMAHAND, LITTLEJOHN, CAIN, BYRD, LIMBAUGH and ANDERSON objected to the Bill.

S. 1147--RECONSIDERED AND ORDERED TO THIRD READING

The motion of Rep. J. BROWN to reconsider the vote whereby debate was adjourned on the following Bill was taken up.

S. 1147 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER.

Rep. KIRSH moved to table the motion to reconsider, which was not agreed to.

The question then recurred to the motion to reconsider, which was agreed to.

Rep. JENNINGS explained the Bill.

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

MOTION NOTED

Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 1 was tabled on S. 929 and the motion was noted.

MOTION NOTED

Rep. SCOTT moved to reconsider the vote whereby debate was adjourned on S. 929 and the motion was noted.

S. 1284--DEBATE ADJOURNED

Rep. LIMBAUGH moved to adjourn debate upon the following Bill until Thursday, May 23, which was adopted.

S. 1284 -- Senator Thomas: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE

Printed Page 4007 . . . . . Wednesday, May 22, 1996
DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.

S. 66--DEBATE ADJOURNED

The following Bill was taken up.

S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

Printed Page 4008 . . . . . Wednesday, May 22, 1996
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22860SD.96).

Amend the bill, as and if amended, by striking Section 6-9-50 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 6-9-50. County governing bodies have the authority to establish codes and promulgate regulations under this chapter for the entire unincorporated area of the county or for any specified portion of the unincorporated area. Municipalities and counties shall adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Gas Code, Standard Plumbing Code, Standard Mechanical Code, the Standard Fire Prevention Code, as published by the Southern Building Code Congress International, Inc., the Model Energy Code as published by the Council of American Building Officials, and the National Electrical Code, as published by the National Fire Protection Association. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adoption ordinance.

The governing body of a county may not enforce that portion of a nationally recognized fire prevention code it has adopted which may regulate outdoor burning for forestry, wildlife, and agricultural purposes as regulated by the South Carolina Forestry Commission.

A residential building is deemed in compliance with the Building Envelope Requirements of the Model Energy Code if (a) it is built in compliance with prescriptive standards issued by the South Carolina Residential Builders Commission, in consultation with the State Energy Office, based on computer models of the Model Energy Code including, but not limited to, options developed by Pacific Northwest Laboratories for South Carolina's climactic zones, or (b) if double pane or storm windows are used for window glass and in the case of ceilings, exterior walls, floors with crawl space, and heating and air conditioning duct work, the determination of the minimum thermal resistance ratings (R-value) is:

(1) R-30 for ceilings, except for ceiling/roof combinations, which must be at least R-19 ;

(2) R-13 for exterior walls;

(3) R-19 for floors with crawl space;

(4) R-6, or the installed equivalent, for heating and air conditioning duct work not located in conditioned space."/

Printed Page 4009 . . . . . Wednesday, May 22, 1996
Amend further, by striking Section 6-9-60 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 6-9-60. Municipalities or and counties are authorized to may adopt by reference only the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction within their respective jurisdictions: Standard Building Code, Standard Housing Code, Standard Gas Code, Standard Plumbing Code, Standard One and Two Family Dwelling Code, Standard Mechanical Code, Standard Fire Prevention Code Standard Existing Building Code, Standard Swimming Pool Code, the Standard Excavation and Grading Code, National Electrical Code, and National Fire Protection Association Gas Codes as published by the Southern Building Code Congress International, Inc., and the One and Two Family Dwelling Code, as published by the Council of American Building Officials. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance. If a county or municipality adopts the One and Two Family Dwelling Code, the One and Two Dwelling Code shall take precedence over the Standard Building Code for dwellings as defined in the Standard Building Code. Should any city, town, If a municipality or county contend contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to a the South Carolina Building Code Codes Council of thirteen fifteen members which is established in this section.

Members of this the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualifies. The council shall consist of include an (1) architect registered in South Carolina, representatives (2) a representative from the Municipal Association of South Carolina, (3) a representative from the South Carolina Association of Counties, the Building Officials' Association of South Carolina, South Carolina Building Trade Council, (4) a representative from of the electric utility electrical industry who is either an engineer or master electrician registered in South Carolina, a representative of the Carolinas Branch of the Associated General Contractors of America, Inc., representatives from the gas, electric, and plumbing industries, a representative of the Home Builders Association of South Carolina, (5) a general contractor licensed in South Carolina, (6) a residential home builder licensed in South Carolina, (7) a handicapped disabled person, and the Chief Engineer of the State Budget and Control Board (8) a representative of the mechanical and gas industries who is

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