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 920, Feb. 22 | Printed Page 940, Feb. 22 |

Printed Page 930 . . . . . Thursday, February 22, 1996

S. 597--POINT OF ORDER

The following Bill was taken up.

S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.

POINT OF ORDER

Rep. TUCKER 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.

S. 296--POINT OF ORDER

The following Bill was taken up.

S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.

POINT OF ORDER

Rep. SIMRILL 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.


Printed Page 931 . . . . . Thursday, February 22, 1996

H. 4544--POINT OF ORDER

The following Bill was taken up.

H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

Rep. LAW explained the Bill.

POINT OF ORDER

Rep. D. SMITH 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.

S. 1044--POINT OF ORDER

The following Bill was taken up.

S. 1044 -- Senator McConnell: A BILL TO DESIGNATE SECTIONS 38-9-10 THROUGH 38-9-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE AND CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS AS ARTICLE 1 OF CHAPTER 9, TITLE 38 AND ENTITLE THAT ARTICLE "GENERAL PROVISIONS"; TO AMEND CHAPTER 9, TITLE 38 BY ADDING ARTICLE 3 SO AS TO ENACT PROVISIONS REQUIRING INSURERS TRANSACTING BUSINESS IN THIS STATE TO MAINTAIN RISK BASED CAPITAL; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

POINT OF ORDER

Rep. CATO 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.


Printed Page 932 . . . . . Thursday, February 22, 1996

The SPEAKER sustained the Point of Order.

H. 4444--POINT OF ORDER

The following Bill was taken up.

H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.

POINT OF ORDER

Rep. CATO 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. 3326--POINT OF ORDER

The following Bill was taken up.

H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

POINT OF ORDER

Rep. FELDER 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.


Printed Page 933 . . . . . Thursday, February 22, 1996

H. 4078--POINT OF ORDER

The following Bill was taken up.

H. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

POINT OF ORDER

Rep. CATO 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. 4648--POINT OF ORDER

The following Joint Resolution was taken up.

H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. YOUNG-BRICKELL made the Point of Order that the Joint Resolution was improperly before the House for consideration since


Printed Page 934 . . . . . Thursday, February 22, 1996

printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4601--POINT OF ORDER

The following Bill was taken up.

H. 4601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1995-96 SURPLUS GENERAL FUND REVENUES; AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING TAX YEAR'S LIABILITY IN EACH CATEGORY OF TAX FOR BOTH DEBT SERVICE AND OPERATIONS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR THE INCREASED COSTS OF COMPLIANCE WITH THIS REQUIREMENT BY MEANS OF A SPECIAL ONE-TIME APPROPRIATION FROM THE GENERAL FUND OF THE STATE, AND TO PROVIDE THE PROCEDURES APPLICABLE FOR THIS REIMBURSEMENT.

POINT OF ORDER

Rep. FELDER 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. 4602--POINT OF ORDER

The following Joint Resolution was taken up.

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

POINT OF ORDER

Rep. FELDER made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.


Printed Page 935 . . . . . Thursday, February 22, 1996

S. 1014--POINT OF ORDER

The following Bill was taken up.

S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.

POINT OF ORDER

Rep. SCOTT 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. 4647--POINT OF ORDER

The following Bill was taken up.

H. 4647 -- Reps. Vaughn, Rice, Easterday, Littlejohn, Allison, Anderson, Herdklotz, Loftis, Haskins, Cato, McMahand, Wilkins, Tripp, Wells, Jaskwhich and Lanford: A BILL TO AMEND SECTION 55-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF AN AIRPORT ENVIRONS AREA AND SUB-AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT, SO AS TO FURTHER PROVIDE FOR THE ENVIRONS AREA, AND DELAY THE DATE FOR COMPLETION OF THE TASKS REQUIRED BY THE AIRPORT ENVIRONS PLANNING COMMISSION.

POINT OF ORDER

Rep. DAVENPORT 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.


Printed Page 936 . . . . . Thursday, February 22, 1996

S. 654--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.

Rep. HARRISON explained the Senate amendment.

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.

H. 4402--SENT TO THE SENATE

The following Joint Resolution was taken up.

H. 4402 -- Rep. Cobb-Hunter: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH, FORUMS, TRAINING, AND INSTITUTES AND TO ALLOW THESE FUNDS TO BE RETAINED BY THE COMMISSION AND CARRIED FORWARD INTO FISCAL YEAR 1996-97 AND EXPENDED FOR THE SAME PURPOSES.

Rep. EASTERDAY moved to adjourn debate upon the Joint Resolution until Wednesday, May 8.

Rep. COBB-HUNTER moved to table the motion, which was agreed to.

The Joint Resolution was then read the third time and ordered sent to the Senate.

SPEAKER PRO TEMPORE IN CHAIR


Printed Page 937 . . . . . Thursday, February 22, 1996

H. 4492--RECONSIDERED

The following Bill was taken up.

H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.

Rep. WILKINS explained the Bill.

Rep. BAXLEY spoke against the Bill.

Rep. D. SMITH spoke in favor of the Bill.

Rep. HODGES spoke against the Bill.

Rep. RICHARDSON moved to adjourn debate upon the Bill until Tuesday, March 12.

Rep. LIMBAUGH moved to table the motion.

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 48

Those who voted in the affirmative are:

Allison              Brown, H.            Cain
Cato                 Chamblee             Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Elliott              Fleming              Fulmer
Gamble               Hallman              Harrell
Harrison             Haskins              Keegan
Kelley               Klauber              Knotts
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Mason

Printed Page 938 . . . . . Thursday, February 22, 1996

McAbee               Meacham              Quinn
Rice                 Riser                Robinson
Sandifer             Seithel              Sharpe
Simrill              Smith, D.            Smith, R.
Spearman             Stuart               Thomas
Townsend             Tripp                Trotter
Vaughn               Waldrop              Walker
Wells                Whatley              Wilkins
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

Total--63

Those who voted in the negative are:

Anderson             Askins               Baxley
Breeland             Brown, G.            Brown, T.
Byrd                 Canty                Cave
Cobb-Hunter          Govan                Harris, J.
Harvin               Herdklotz            Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jaskwhich
Jennings             Keyserling           Kinon
Lee                  Lloyd                Martin
McCraw               McElveen             McMahand
McTeer               Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Richardson           Rogers               Scott
Sheheen              Shissias             Stille
Tucker               Whipper, L.          White
Wilder               Wilkes               Williams

Total--48

So, the motion to adjourn debate was tabled.

MOTION REJECTED

Rep. QUINN moved that the House recur to the morning hour, which was rejected.

Rep. LIMBAUGH spoke in favor of the Bill.


Printed Page 939 . . . . . Thursday, February 22, 1996

PARLIAMENTARY INQUIRY

Rep. McTEER inquired about the House reconsidering the vote and whether or not the previous question would be removed.

SPEAKER Pro Tempore HASKINS stated that under the Rules the previous question would still be on the Bill as it would be at the same stage of the Bill in second reading.

Rep. HARRISON moved to reconsider the vote whereby the Bill was given a second reading.

Rep. SCOTT moved to table the motion to reconsider.

Rep. WILKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 16; Nays 90

Those who voted in the affirmative are:

Anderson             Baxley               Breeland
Cave                 Cobb-Hunter          Harvin
Hines, J.            Hines, M.            Hodges
Howard               Lee                  McMahand
Neal                 Scott                Wilkes
Williams

Total--16

Those who voted in the negative are:

Allison              Askins               Bailey
Brown, G.            Brown, H.            Brown, T.
Cain                 Cato                 Chamblee
Cooper               Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Elliott              Fleming
Fulmer               Gamble               Hallman
Harrell              Harris, J.           Harrison
Haskins              Herdklotz            Hutson
Jaskwhich            Jennings             Keegan
Kelley               Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Martin

Printed Page 940 . . . . . Thursday, February 22, 1996

Mason                McAbee               McCraw
McElveen             Meacham              Moody-Lawrence
Neilson              Phillips             Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stuart               Thomas
Townsend             Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Whipper, S.          Wilder               Wilkins
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

Total--90

So, the House refused to table the motion to reconsider.


| Printed Page 920, Feb. 22 | Printed Page 940, Feb. 22 |

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