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 2020 . . . . . Tuesday, April 9, 1996

Rep. SCOTT moved to adjourn debate upon the Bill.

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

Reps. SCOTT, MOODY-LAWRENCE, NEAL, GOVAN, CAVE, WHITE, L. WHIPPER, WRIGHT, ALLISON, TOWNSEND, KELLEY, COOPER, SPEARMAN, R. SMITH, HOWARD, WELLS and KNOTTS objected to the Bill.

H. 4796--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 3, by Rep. FULMER.

Rep. FULMER explained the amendment.

The amendment was then adopted.

Rep. FULMER explained the Bill.

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


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H. 4520--POINT OF ORDER

The following Bill was taken up.

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 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.


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POINT OF ORDER

Rep. ROGERS 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 statewide day.

The SPEAKER sustained the Point of Order.

H. 4663--POINT OF ORDER

The following Bill was taken up.

H. 4663 -- Rep. Tucker: A BILL TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.

Rep. HARRISON explained the Bill.

POINT OF ORDER

Rep. ROGERS 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 statewide day.

The SPEAKER sustained the Point of Order.

H. 4443--POINT OF ORDER

The following Bill was taken up.

H. 4443 -- Reps. Wright, Richardson, Cooper, Townsend, Allison, Littlejohn, Kelley and Jaskwhich: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE SOUTH CAROLINA CHARTER SCHOOL ACT WHICH PROVIDES FOR THE MANNER IN WHICH A CHARTER SCHOOL SHALL BE FORMED, FUNDED, REGULATED, AND GOVERNED, AND TO ESTABLISH A CHARTER SCHOOLS REVIEW COMMITTEE TO REVIEW THE IMPLEMENTATION AND EFFECTIVENESS OF THIS ACT.

POINT OF ORDER

Rep. COBB-HUNTER 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 statewide day.


Printed Page 2023 . . . . . Tuesday, April 9, 1996

The SPEAKER sustained the Point of Order.

H. 4811--OBJECTIONS, AMENDED AND ORDERED

TO THIRD READING

The following Joint Resolution was taken up.

H. 4811 -- Reps. Canty, Anderson, Cromer, S. Whipper, Breeland, Cobb-Hunter, Neal, Rogers, Cave, McMahand, L. Whipper, Lloyd, Inabinett, J. Hines, Byrd, Scott and Williams: A JOINT RESOLUTION TO CREATE THE COMMITTEE FOR IMPROVED RACE RELATIONS, TO PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, AND SPECIFICALLY TO REQUIRE THE COMMITTEE TO SUBMIT TO THE GENERAL ASSEMBLY BY MAY 13, 1996, RECOMMENDATIONS TO ALLEVIATE RACIAL PROBLEMS AND TENSIONS IN SOUTH CAROLINA AT WHICH TIME THE COMMITTEE IS DISSOLVED.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22601AC.96), which was adopted.

Amend the joint resolution, as and if amended, SECTION 1, page 1, beginning on line 31 by deleting /Members of the committee shall receive mileage, per diem, and subsistence as authorized for members of state boards, agencies, and commissions./

Amend further, SECTION 1, beginning on line 37 by deleting /May 13, 1996,/ and inserting /October 15, 1996/ so when amended SECTION 1 reads:

/SECTION 1. There is hereby created the Committee for Improved Race Relations which is comprised of two members of the South Carolina House of Representatives appointed by the Speaker of the House, two senators appointed by the President of the Senate and one member of the public, who shall serve as chairman, to be appointed jointly by the Speaker of the House and President of the Senate. The purpose of this committee is to develop recommendations which address and alleviate racial problems and tension in South Carolina. The committee is authorized to hold public hearings and to gather information as may be helpful in fulfilling its responsibilities under this joint resolution. The committee must be staffed by existing personnel of the House of Representatives and Senate to be designated by the Speaker of the House and President of the Senate, respectively. The committee shall submit its recommendations in a written report to the General Assembly by October 15, 1996, at which time the committee is dissolved.


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Renumber sections to conform.

Amend totals and title to conform.

Rep. CROMER explained the amendment.

Reps. SANDIFER and COTTY objected to the Joint Resolution.

The amendment was then adopted.

The Joint Resolution, as amended, was read the second time and ordered to third reading.

S. 699--POINT OF ORDER

The following Bill was taken up.

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.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5772HTC.96).

Amend the bill, as and if amended, by inserting a penultimate SECTION appropriately numbered to read:

/SECTION . Section 12-51-60 of the 1976 Code is amended to read:

"Section 12-51-60. The successful bidder at the delinquent tax sale shall pay legal tender to the person officially charged with the collection of delinquent taxes in the full amount of the bid on the day of the sale. Upon payment, the person officially charged with the collection of delinquent taxes shall furnish the purchaser a receipt for the purchase money and attach a copy of the receipt to the execution with the endorsement of his actions which must be retained by him. Expenses of the sale must be paid first and the balance of all delinquent tax sale monies collected must be turned over to the treasurer. Upon receipt of the funds, the treasurer shall immediately mark the public tax records regarding the property sold as follows: Paid by tax sale held on (insert date). All other monies received, including any excess due the defaulting taxpayer after payment of delinquent taxes, assessments, penalties, and costs, must be retained, paid


Printed Page 2025 . . . . . Tuesday, April 9, 1996

out, and accounted for by the delinquent tax collector. The defaulting taxpayer must be notified in writing by the delinquent tax collector of any excess due the taxpayer. The notice must be addressed and mailed to the defaulting taxpayer in the manner provided in Section 12-51-40(b) for taking exclusive possession of real property. Expenses of providing this notice are considered costs of the sale for purposes of determining the amount, if any, of the excess."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. McKAY explained the amendment.

POINT OF ORDER

Rep. MARCHBANKS 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.

Rep. J. BROWN moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

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.


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H. 4872 -- Reps. Limehouse, L. Whipper, Harrell, Whatley, S. Whipper, Breeland and Seithel: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE RONALD CALHOUN FULMER OF CHARLESTON COUNTY FOR HIS OUTSTANDING PUBLIC SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY.

H. 4873 -- Reps. Limehouse, S. Whipper, Harrell, Whatley, Breeland and Seithel: A CONCURRENT RESOLUTION RECOGNIZING AND THANKING THE HONORABLE LUCILLE SIMMONS WHIPPER OF CHARLESTON COUNTY, OUR DEAR FRIEND AND ESTEEMED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HER OUTSTANDING AND DEVOTED SERVICE TO THE PEOPLE OF THE STATE OF SOUTH CAROLINA.

H. 4874 -- Reps. Limehouse, L. Whipper, Harrell, Breeland, Whatley, Seithel and S. Whipper: A CONCURRENT RESOLUTION RECOGNIZING THE HONORABLE HARRY MORGAN HALLMAN, JR., OF CHARLESTON COUNTY FOR HIS EXEMPLARY SERVICE AND LEADERSHIP IN THE GENERAL ASSEMBLY AND WISHING HIM WELL IN HIS FUTURE ENDEAVORS.

H. 4880 -- Rep. Richardson: A CONCURRENT RESOLUTION CONGRATULATING MARGARET GIGNILLIAT CLAY ON BEING SELECTED THE JUNIOR ACHIEVEMENT SMALL BUSINESS STUDENT OF THE YEAR FOR RICHLAND COUNTY.

H. 4887 -- Rep. McMahand: A CONCURRENT RESOLUTION TO RECOGNIZE EUNICE E. EVANS OF GREENVILLE, SOUTH CAROLINA, UPON HER OUTSTANDING CONTRIBUTIONS TO THE CITIZENS OF THE GREENVILLE AREA.

H. 4888 -- Reps. Fulmer, Hallman, Whatley, Limehouse and Harrell: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING LIEUTENANT GENERAL CLAUDIUS E. "BUD" WATTS III, U.S. AIR FORCE, RETIRED, FOR HIS CAREER ACCOMPLISHMENTS AND FOR HIS DISTINGUISHED SERVICE TO HIS COUNTRY, STATE, AND FAMILY, AND EXTENDING CONGRATULATIONS AND BEST WISHES TO HIM UPON HIS RETIREMENT AS PRESIDENT OF THE CITADEL.


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ADJOURNMENT

At 12:59 P.M. the House in accordance with the motion of Rep. RISER adjourned in memory of Harry W. Glenn of Columbia, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2028 . . . . . Wednesday, April 10, 1996

Wednesday, April 10, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty God, our Refuge and our Strength, make us strong in support of justice, compassionate where there is suffering, generous when there is need, honest and fair in all our dealings. Bestow in generous measure Your blessings upon all who labor in this place. Store in our minds a double portion of Your teachings, our hearts with Your understanding that we may be calm in crisis, strong under stress, triumphant in the storm, ever guided by the light of Your truth that never fails. Abide with us, strengthen our worthwhile efforts, sharpen our insights, reinforce our wise judgments.

May your goodness and mercy follow us all the days of our lives. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. ANDERSON moved that when the House adjourns, it adjourn in memory of Charles B. Smith of Greenville, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 9, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 991:

S. 991 -- Senator Saleeby: A BILL TO AMEND SECTION 38-55-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", SO AS TO DELETE


Printed Page 2029 . . . . . Wednesday, April 10, 1996

REFERENCE TO "DIVISION OF MOTOR VEHICLES" IN THE DEFINITION OF "AUTHORIZED AGENCY", ADD THE SPECIFIC NAMES OF CERTAIN STATE AGENCIES, AND INCLUDE ALL OTHER STATE BOARDS, COMMISSIONS, AND AGENCIES IN THAT DEFINITION; AND TO AMEND SECTION 38-55-570, AS AMENDED, RELATING TO THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT" AND NOTIFICATION TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE STATE ATTORNEY GENERAL OF KNOWLEDGE OR BELIEF OF FALSE STATEMENTS OR MISREPRESENTATIONS, SO AS TO DELETE REFERENCE TO THE "MOTOR VEHICLE DIVISION".
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3913 -- Reps. Easterday, Limbaugh, Herdklotz, Tripp, Bailey, Wilder, Simrill, Fair, Meacham, Stoddard, Jaskwhich, Wofford, A. Young, Rice, Vaughn, Law, Haskins, Cato, Mason and Kirsh: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE


Printed Page 2030 . . . . . Wednesday, April 10, 1996

PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.

Ordered for consideration tomorrow.


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