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 1800, Mar. 27 | Printed Page 1820, Mar. 28 |

Printed Page 1810 . . . . . Thursday, March 28, 1996

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1072 -- Senators Matthews, Washington, Ford and Glover: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR CERTAIN NONPROFIT HOUSING CORPORATIONS TO PROPERTY OF SUCH CORPORATIONS DEVOTED EXCLUSIVELY TO PROVIDING RENTAL OR COOPERATIVE HOUSING AND RELATED FACILITIES FOR ELDERLY OR HANDICAPPED


Printed Page 1811 . . . . . Thursday, March 28, 1996

PERSONS OR FAMILIES OF LOW OR MODERATE INCOME IN ACCORDANCE WITH FEDERAL HOUSING LAW.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

On motion of Rep. INABINETT, with unanimous consent, the following was taken up for immediate consideration:

H. 4841 -- Reps. Inabinett, Breeland, S. Whipper, Felder, Herdklotz, R. Smith, G. Brown, Stoddard, Kennedy, J. Hines, Townsend, Mason, Rice, Clyburn, Lloyd, Govan, Stuart, T. Brown, Sheheen, Wells, Hutson, Trotter, Riser, Robinson, Askins, Moody-Lawrence, McMahand, Seithel, Baxley, Carnell, Keyserling, Williams, Stille, D. Smith, Delleney, J. Harris, Keegan, Chamblee, Sandifer, Harrell, Whatley, Witherspoon, McCraw, Littlejohn, Phillips, Simrill, Marchbanks, Anderson, Waldrop, Jaskwhich, Easterday, Tripp, Meacham and Wilder: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 2, 1996) AS "LEGISLATIVE FAMILY DAY 1996" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND ASKING EACH MEMBER TO SHOW HIS OR HER APPRECIATION TO THEIR FAMILY MEMBERS AND FRIENDS ON THIS DAY.

Whereas, the families of the members of the General Assembly make tremendous sacrifices when their loved ones go to Columbia week after week during a large part of each year to render legislative services to the people of the State and the citizens of their respective districts who elected them to public office; and

Whereas, these are sacrifices that the families of legislators nobly and willingly make for the good of the State; and

Whereas, the members of the House of Representatives and the Senate should be, and are, truly appreciative of the patience, understanding, and support given them by their loved ones back home and feel strongly that the legislative families deserve recognition and thanks in a very special manner. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, designate the first Thursday in May (May 2, 1996) as "Legislative Family Day 1996" in recognition and appreciation of the


Printed Page 1812 . . . . . Thursday, March 28, 1996

patience and understanding shown by the families of the members of the General Assembly and the wonderful support given by these great families to the members as they carry out their legislative duties.

Be it further resolved that each member of the General Assembly shows his or her appreciation in a special way to their family members and friends on "Legislative Family Day 1996".

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1302 -- Senator Peeler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ROBERT "BOB" PARRIS OF CHEROKEE COUNTY, A PROMINENT CIVIC LEADER AND DEVOTED PUBLIC SERVANT, UPON HIS DEATH.

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. 4842 -- Reps. Canty, Keyserling, Neal, White, S. Whipper and Cave: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES, USE, OR CASUAL EXCISE TAX ON CERTAIN ITEMS OF TANGIBLE PERSONAL PROPERTY, INCLUDING MOTOR VEHICLES, SO AS TO INCREASE THE MAXIMUM TAX FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-36-2115 SO AS TO PROVIDE A CREDIT EQUAL TO ONE-HALF THE SALES, USE, OR CASUAL EXCISE TAX OTHERWISE DUE ON THE SALE OR LEASE OF A MOTOR VEHICLE IN WHICH THE AMOUNT SUBJECT TO THE TAX IMPOSED BY THIS CHAPTER IS TEN THOUSAND DOLLARS OR LESS.

Referred to Committee on Ways and Means.


Printed Page 1813 . . . . . Thursday, March 28, 1996

H. 4843 -- Rep. Sheheen: A BILL TO DESIGNATE SECTION 19H, PART II, OF ACT 164 OF 1993, AS SECTION 12-21-2808 OF THE 1976 CODE WHICH RELATES TO SUBSEQUENT REFERENDUMS IN COUNTIES ON ALLOWING PAYOUTS FOR CREDITS EARNED ON COIN-OPERATED VIDEO MACHINES AFTER THE REFERENDUM HELD IN 1994, SO AS TO PROVIDE THAT SUCH SUBSEQUENT REFERENDUMS MAY BE HELD BEGINNING WITH THE 1996 GENERAL ELECTION RATHER THAN WITH THE 1998 GENERAL ELECTION.

Referred to Committee on Ways and Means.

H. 4844 -- Rep. J. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-61-160 SO AS TO PROVIDE THAT WITH THE CONSENT OF THE PARENTS AND THE EMERGENCY MEDICAL SERVICES UNIT, A MINOR MAY BE A JUNIOR MEMBER OF THE UNIT AND MAY ACCOMPANY UNIT PERSONNEL ON CALLS AND WHEN DOING SO IS A MEMBER OF THE UNIT FOR INSURANCE PURPOSES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4845 -- Rep. G. Brown: A BILL TO AMEND CHAPTER 36, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OCCUPATIONAL THERAPISTS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4847 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A PROBATIONARY SENTENCE, OR IMPOSE A FINE AND A PROBATIONARY SENTENCE FOR CERTAIN OFFENSES, SO AS TO PROVIDE THAT PROBATION IS A FORM OF CLEMENCY; AND TO AMEND SECTION 24-21-430, AS AMENDED, RELATING TO THE CONDITIONS OF PROBATION A COURT MAY IMPOSE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL


Printed Page 1814 . . . . . Thursday, March 28, 1996

DEVELOP POLICIES AND PROCEDURES FOR IMPOSING CONDITIONS OF SUPERVISION ON PROBATIONERS.

Referred to Committee on Judiciary.

H. 4848 -- Reps. Felder, H. Brown and Wright: A BILL TO AMEND SECTION 56-31-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND USE OF SURCHARGES IMPOSED UPON THE PRIVATE PASSENGER MOTOR VEHICLES RENTED FOR THIRTY-ONE DAYS OR LESS, AND TO CERTAIN REPORTS, VIOLATIONS, PENALTIES, REGULATIONS, AND FORMS PERTAINING TO THE COLLECTION OF THE SURCHARGES, SO AS TO PROVIDE THAT THE SURCHARGES ARE A SALES TAX THAT BELONGS TO THE STATE WHICH MUST BE PLACED IN A SEGREGATED ACCOUNT, THE SURCHARGES ARE NOT SUBJECT TO CERTAIN CREDITOR LIENS, AND ARE NOT GROSS RECEIPTS OR REVENUE, AND A PERSON OR ENTITY MAY NOT IMPOSE A FEE, PENALTY, OR EXPENSE ON INDIVIDUALS COMPLYING WITH THIS PROVISION.

Referred to Committee on Ways and Means.

H. 4849 -- Rep. Cooper: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4850 -- Reps. Loftis and Anderson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 12, 1996, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS 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.

On motion of Rep. LOFTIS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.


Printed Page 1815 . . . . . Thursday, March 28, 1996

S. 200 -- Senators Wilson, Bryan, Courson, Hayes, Thomas, Giese, Russell, O'Dell, Gregory, McConnell, Mescher, Rose, Martin, Lander, Waldrep, Elliott and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL, AND TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT SHALL DEVELOP A POLICY THAT PROVIDES REASONABLE PARAMETERS FOR THE RELEASE TIME AUTHORIZED.

Referred to Committee on Education and Public Works.

S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.

Referred to Committee on Ways and Means.

S. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.

On motion of Rep. KEEGAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1092 -- Senator Moore: A BILL TO AMEND SECTION 23-35-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES CONCERNING THE SALE OR STORAGE OF


Printed Page 1816 . . . . . Thursday, March 28, 1996

FIREWORKS, SO AS TO AUTHORIZE A CIVIL PENALTY FOR VIOLATIONS OF CHAPTER 35 OF TITLE 23.

Referred to Committee on Labor, Commerce and Industry.

S. 1210 -- Senators Jackson, Holland, Drummond, Land, Matthews and Glover: A BILL TO AMEND SECTION 7-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE EXECUTIVE DIRECTOR TO DELETE THE NAME OF ANY ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS AND ALSO FAILED TO VOTE IN ANY OTHER ELECTION WHICH MIGHT HAVE BEEN HELD IN THE PRECINCT IN WHICH HE IS REGISTERED WITHIN THE PERIOD OF TIME INTERVENING BETWEEN THE TWO GENERAL ELECTIONS; AND TO AMEND SECTION 7-3-30 RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE THE PROVISION REQUIRING THE COUNTY BOARD OF VOTER REGISTRATION, UPON APPEAL OF THE VOTER, TO RESTORE THE NAME OF A PERSON WHOSE NAME WAS DELETED SOLELY BECAUSE HE FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE GENERAL ELECTIONS.

Referred to Committee on Judiciary.

S. 1252 -- Senators Land and McGill: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.

Referred to Committee on Education and Public Works.

S. 1286 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES; TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT AT OR IS EMPLOYED BY A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR, AND TO REQUIRE AN EMPLOYMENT APPLICATION TO INCLUDE A STATEMENT


Printed Page 1817 . . . . . Thursday, March 28, 1996

NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE; TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS; TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING RESULTS OF THE FEDERAL BUREAU OF INVESTIGATION FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES; TO PROVIDE THAT THE CRIMINAL HISTORY REVIEWS APPLY TO AN EMPLOYEE OR VOLUNTARY CAREGIVER OF A DAY CARE CENTER, GROUP DAY CARE HOME, FAMILY DAY CARE HOME, OR CHURCH OR RELIGIOUS DAY CARE CENTER WHO PROVIDES CARE TO A CHILD WITHOUT THE DIRECT PERSONAL SUPERVISION OF A PERSON LICENSED, REGISTERED, OR APPROVED UNDER THIS SUBARTICLE AND TO OTHER EMPLOYEES OR VOLUNTEERS WHO HAVE DIRECT ACCESS TO A CHILD OUTSIDE THE IMMEDIATE PRESENCE OF A PERSON WHO HAS UNDERGONE THE FINGERPRINT REVIEW REQUIRED UNDER THE SECTION; TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS; TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, AS AMENDED, RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE, APPROVAL, OR REGISTRATION; TO AMEND SECTION 20-7-2905, AS AMENDED, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION AND THE FEDERAL BUREAU OF INVESTIGATION TO PROVIDE TWO COPIES OF THE RESULTS OF THESE REVIEWS; AND TO AMEND SECTION 20-7-3095, RELATING TO THE SEPARATE CRIMINAL OFFENSE OF COMMITTING CERTAIN OFFENSES WITHIN A SPECIFIED RADIUS OF DAY CARE FACILITIES, SO AS TO AMEND THE LIST OF OFFENSES.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 4846 -- Rep. Gamble: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. THOMAS J. JACKSON OF WEST COLUMBIA UPON HIS DEATH.


Printed Page 1818 . . . . . Thursday, March 28, 1996

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

ROLL CALL

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

Allison              Anderson             Bailey
Baxley               Breeland             Brown, G.
Brown, H.            Brown, J.            Brown, T.
Byrd                 Cain                 Carnell
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Cromer               Dantzler             Davenport
Delleney             Easterday            Elliott
Felder               Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harris, P.           Harrison
Haskins              Herdklotz            Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jaskwhich
Jennings             Keegan               Kelley
Kennedy              Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Littlejohn
Lloyd                Loftis               Marchbanks
Mason                McCraw               McElveen
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Scott                Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Spearman             Stille
Stoddard             Stuart               Thomas
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
Whipper, S.          White                Wilder
Wilkes               Wilkins              Witherspoon

Printed Page 1819 . . . . . Thursday, March 28, 1996

Wofford              Worley               Wright
Young-Brickell       

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, March 28. Roland Smith Jennings G. McAbee H.B. Limehouse III Ronald P. Townsend William D. Boan L. Morgan Martin Jerry N. Govan, Jr. C. Alex Harvin III Ralph W. Canty

Total Present--118

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. R. SMITH a temporary leave of absence.

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 27.

DOCTOR OF THE DAY

Announcement was made that Dr. Roy Nickles of Charleston is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. YOUNG-BRICKELL, on behalf of the Dorchester Delegation, presented to the House the Pinewood Preparatory Boys Basketball Team, winners of the 1996 SCISAA Class AAA Title, their coaches and other school officials.

MOTION NOTED

Rep. McKAY moved to reconsider the vote whereby debate was adjourned on H. 4774 and the motion was noted.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of


| Printed Page 1800, Mar. 27 | Printed Page 1820, Mar. 28 |

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