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 4800, May 30 | Printed Page 4820, May 30 |

Printed Page 4810 . . . . . Thursday, May 30, 1996

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BOAN, D. SMITH and HARRELL to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 5041---FREE CONFERENCE REPORT ADOPTED

FREE CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 30, 1996

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE


Printed Page 4811 . . . . . Thursday, May 30, 1996

5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, each house agrees that when the Senate and House of Representatives adjourn on Thursday, May 30, 1996, to adjourn not later than 8:00 p.m., each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 12, 1996, and on Thursday, June 13, 1996, to adjourn not later than 5:00 p.m. on Thursday, June 13, 1996, for consideration of the following matters:

(1) receipt, consideration, and disposition of conference or free conference reports, appointment of conference and free conference committees and messages pertaining to such reports and appointments;

(2) ratification of acts;

(3) consideration of vetoes;

(4) resolutions expressing sympathy or congratulations;

(5) consideration of S. 82, S. 95, S. 119, S. 659, S. 1037, S. 1117, S. 1216, H. 3201, H. 3446, H. 3584, H. 3730, H. 3838, H. 4443, H.


Printed Page 4812 . . . . . Thursday, May 30, 1996

4469, H. 4472, H. 4518, H. 4557, H. 4704, H. 4706, H. 4755, H. 4789, H. 4833, and H. 4861;

(6) consideration and confirmation of appointments; and

(7) consideration of local legislation which has the unanimous consent of the affected delegation.

(B) When each house adjourns not later than 5:00 p.m. on Thursday, June 13, 1996, it shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 26, 1996, and if necessary on Thursday, June 27, 1996, to adjourn not later than 5:00 p.m., for the ratification of acts and consideration of vetoes, and that when each house of the General Assembly adjourns not later than 5:00 p.m. on Thursday, June 27, 1996, the General Assembly shall stand adjourned sine die.

(C) Each house may also provide for local session days during the period between May 30, 1996, and June 12, 1996, for consideration of local legislation which has the unanimous consent of the affected delegation./

Amend title to conform.

/s/Donald H. Holland .......... /s/William D. Boan
/s/Glenn F. McConnell .......... /s/William Douglas Smith
/s/Thomas L. Moore .......... /s/Robert William Harrell, Jr.

On Part of the Senate. .......... On Part of the House.

The yeas and nays were taken resulting as follows:

Yeas 79; Nays 0

Those who voted in the affirmative are:

Allison              Baxley               Beck
Boan                 Breeland             Brown, G.
Brown, H.            Brown, T.            Byrd
Cain                 Cato                 Cave
Clyburn              Cooper               Cotty
Dantzler             Davenport            Delleney
Easterday            Felder               Fulmer
Gamble               Govan                Harrell
Harris, J.           Hodges               Howard
Hutson               Inabinett            Keegan
Kelley               Keyserling           Kinon
Kirsh                Knotts               Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis

Printed Page 4813 . . . . . Thursday, May 30, 1996

McCraw               McMahand             McTeer
Meacham              Neilson              Phillips
Quinn                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Seithel              Sharpe
Sheheen              Simrill              Smith, D.
Smith, R.            Stille               Stuart
Townsend             Tripp                Trotter
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
Wilder               Wilkes               Wilkins
Witherspoon          Wofford              Young
Young-Brickell       

Total--79

Those who voted in the negative are:


Total--0

So, having received the necessary vote, the Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3228:

H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.
Very respectfully,
President


Printed Page 4814 . . . . . Thursday, May 30, 1996

H. 3228--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4614:

H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.
Very respectfully,
President

H. 4614--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Holland, Moore and McConnell of the Committee of Free Conference on the part of the Senate on H. 5041:

H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT


Printed Page 4815 . . . . . Thursday, May 30, 1996

LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 5041:

H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF


Printed Page 4816 . . . . . Thursday, May 30, 1996

NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on H. 4600 and the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:

H. 4600 -- GENERAL APPROPRIATION BILL
The Senate has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 4602 and the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:


Printed Page 4817 . . . . . Thursday, May 30, 1996

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
The Senate has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 30, 1996
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at your convenience today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. BOAN the invitation was accepted.

HOUSE STANDS AT EASE

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

RATIFICATION OF ACTS

At 7:40 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R439) S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: AN ACT TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO HAS BEEN SENTENCED TO IMPRISONMENT FOR MORE THAN THREE MONTHS WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY UNDER CERTAIN CIRCUMSTANCES MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY FOR A CERTAIN PERIOD AND


Printed Page 4818 . . . . . Thursday, May 30, 1996

TO DELETE AN OBSOLETE REFERENCE; AND TO AMEND SECTION 24-13-410, AS AMENDED, RELATING TO ESCAPING OR ATTEMPTING TO ESCAPE FROM PRISON, SO AS TO REVISE THE SENTENCE.

(R440) S. 507 -- Senator Wilson: AN ACT TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS; AND TO AMEND SECTION 16-23-20, AS AMENDED, RELATING TO THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO REVISE THE GROUP OF PERSONS WHO MAY LAWFULLY CARRY A PISTOL.

(R441) S. 583 -- Senator Russell: AN ACT TO AMEND SECTIONS 7-5-120 AND 7-5-180, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF THIS AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF THIS STATE PERMITTING THE ABOVE.

(R442) S. 846 -- Senator Giese: AN ACT TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL OLYMPICS LICENSE PLATES.

(R443) S. 876 -- Senator Bryan: AN ACT TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 AND THEIR ANNUAL OPERATING BUDGETS AND TAX LEVIES, SO AS TO ALLOW BOTH DISTRICTS


Printed Page 4819 . . . . . Thursday, May 30, 1996

TO LEVY A PERMANENT SIX MILLS FOR ALTERNATIVE SCHOOLS AND OTHER CLASSROOM ENHANCEMENTS.

(R444) S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: AN ACT TO AMEND SECTION 12-6-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

(R445) S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: AN ACT TO AMEND SECTION 1-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF A `REGULATION'; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PUBLISHING NOTICE OF PROPOSED REGULATIONS AND CONTENT OF SUCH NOTICES, SO AS TO REQUIRE PUBLISHING THE TEXT OF THE REGULATION AND A JUSTIFICATION FOR REGULATIONS NOT REQUIRED FOR COMPLIANCE WITH FEDERAL LAWS AND TO CLARIFY THE BASIS FOR THE STATEMENT OF THE NEED AND REASONABLENESS OF THE REGULATION; TO AMEND SECTION 1-23-111, RELATING TO THE PROCESS FOR AGENCY PROMULGATION OF REGULATIONS, SO AS TO CLARIFY THE BASIS FOR THE STATEMENT OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AN AGENCY MAY ELECT WHEN THE OFFICIAL PRESIDING AT THE PUBLIC HEARING FINDS THAT THE NEED FOR OR REASONABLENESS OF THE REGULATION HAS NOT BEEN ESTABLISHED; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS, SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED, TO PROVIDE THAT THE ONE-HUNDRED-TWENTY-DAY REVIEW PERIOD IS TOLLED WHEN A REPORT IS REQUESTED AFTER THE REGULATION HAS BEEN SUBMITTED FOR GENERAL ASSEMBLY REVIEW AND TO CLARIFY WHAT FACTORS MUST BE ANALYZED IN DETERMINING THE NEED AND REASONABLENESS OF A REGULATION; TO AMEND SECTION 1-23-120, AS AMENDED,


Printed Page 4820 . . . . . Thursday, May 30, 1996

RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO CLARIFY UNDER WHAT CONDITIONS AN AGENCY MAY WITHDRAW A REGULATION FROM GENERAL ASSEMBLY REVIEW AND TO REQUIRE EACH AGENCY TO REVIEW ITS REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, RELATING TO APPROVAL, DISAPPROVAL, AND MODIFICATION OF REGULATIONS, SO AS TO FURTHER CLARIFY UNDER WHAT CONDITIONS AN AGENCY MAY WITHDRAW A REGULATION FROM GENERAL ASSEMBLY REVIEW.


| Printed Page 4800, May 30 | Printed Page 4820, May 30 |

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