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 3090, Apr. 25 | Printed Page 3110, Apr. 30 |

Printed Page 3100 . . . . . Tuesday, April 30, 1996

Document No. 2003
Promulgated By Board of Education
43-200. Staff Protection (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2004
Promulgated By Board of Education
43-202. Personnel Records (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2005
Promulgated By Board of Education
43-202.1. Regulation to Ensure that School Districts Recruit and Hire Personnel for EIA Implementation on the Basis of Merit and Qualifications; to Ensure Fair and Equal Treatment for Minorities; and Corrective Action for Non-compliance. (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2006
Promulgated By Board of Education
43-214. Developmental Activities and/or Remedial Programs in Grades 1-8 (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)


Printed Page 3101 . . . . . Tuesday, April 30, 1996

Document No. 2007
Promulgated By Board of Education
43-215. Public School Employee Cost Savings Program (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2009
Promulgated By Board of Education
43-235.1. Clearly Defined Vocational Programs (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2010
Promulgated By Board of Education
43-235.2. Vocational Grants for the Updating of Existing Vocational Programs and the Implementation of New Vocational Programs (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2014
Promulgated By Board of Education
43-243.3. Providing for the Disbursement of Funds for Trainable and Mentally Handicapped Students (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)


Printed Page 3102 . . . . . Tuesday, April 30, 1996

Document No. 2016
Promulgated By Board of Education
43-245. Interscholastic Athletics (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2017
Promulgated By Board of Education
43-250. Instructional Materials (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2018
Promulgated By Board of Education
43-251. Textbook Selection and Adoption (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2019
Promulgated By Board of Education
43-252. Supplementary Materials Selection and Adoption (Workbooks), (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2020
Promulgated By Board of Education
43-254. Philosophy of Community Education (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)


Printed Page 3103 . . . . . Tuesday, April 30, 1996

Document No. 2024
Promulgated By Board of Education
43-266. Federally-Funded Compensatory Education Programs (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2026
Promulgated By Board of Education
43-272.1. Compulsory Kindergarten Program (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2027
Promulgated By Board of Education
43-273. Transfers and Withdrawals (Amend)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2029
Promulgated By Board of Education
43-275. Student Safety (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2030
Promulgated By Board of Education
43-276. First Aid
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)


Printed Page 3104 . . . . . Tuesday, April 30, 1996

Document No. 2031
Promulgated By Board of Education
43-278. Inoculations (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2032
Promulgated By Board of Education
43-280. Creating More Effective Partnerships Among the Schools, Parents, Community and Business. (Repeal)
Received By Speaker April 29, 1996
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date August 27, 1996
(Subject to Sine Die Revision)

Document No. 2038
Promulgated By Department of Health and Environmental Control
61-92. Underground Storage Tank Control Regulations
Received By Speaker April 26, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date August 24, 1996
(Subject to Sine Die Revision)

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1399 -- Senators Ford, Passailaigue and Washington: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MIRANDA HOLMES FOR HER SELFLESS DEDICATION TO FAMILY, COMMUNITY, AND CHURCH AND TO CELEBRATE THE LOVE SHE SO FREELY GIVES TO OTHERS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


Printed Page 3105 . . . . . Tuesday, April 30, 1996

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1402 -- Senator Giese: A CONCURRENT RESOLUTION TO RECOGNIZE ARTHUR M. BJONTEGARD, JR., FOR A LIFE OF SELFLESS DEVOTION TO HELPING OTHERS, ESPECIALLY THE SENIOR CITIZENS OF SOUTH CAROLINA, AND TO WISH MR. BJONTEGARD EVERY HAPPINESS IN THE YEARS TO COME.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1403 -- Senator Drummond: A CONCURRENT RESOLUTION WELCOMING THE MEMBERS OF THE USS SANTEE TO SOUTH CAROLINA AS THEY CELEBRATE TRIUMPHANT MEMORIES OF WORLD WAR II.

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. 4981 -- Rep. Wilkes: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING HUNTING OF MIGRATORY WATERFOWL ON PORTIONS OF LAKE MURRAY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT WRITTEN PERMISSION, SO AS TO ALSO PROHIBIT SUCH HUNTING ON LAKE WATEREE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED


Printed Page 3106 . . . . . Tuesday, April 30, 1996

MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.

Referred to Committee on Labor, Commerce and Industry.

S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.

Referred to Committee on Judiciary.

S. 562 -- Senators Rose, Mescher and Richter: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO PROVIDE THAT EXCEPT FOR THE APPOINTMENT OF MAGISTRATES, MEMBERS OF COUNTY BOARDS OF REGISTRATION, AND COUNTY COMMISSIONERS OF ELECTION, AN ACTION OR VOTE BY A COUNTY LEGISLATIVE DELEGATION, COUNTY HOUSE DELEGATION, OR COUNTY SENATE DELEGATION WHICH AFFECTS ONLY ONE COUNTY MAY BE DEVOLVED UPON THE COUNTY GOVERNING BODY IF THE COUNTY GOVERNING BODY AGREES TO ACCEPT THE ACTION AND NOTIFIES THE CODE COMMISSIONER OF ITS ACCEPTANCE AND TO FURTHER PROVIDE THAT IF SUCH ACTIONS REMAIN WITH THE DELEGATION, THEY MUST BE CARRIED OUT BY USE OF A WEIGHTED VOTING FORMULA; BY ADDING SECTION 2-1-210, SO AS TO PROVIDE THAT AN ACTION OR VOTE BY A LEGISLATIVE DELEGATION OF THE GENERAL ASSEMBLY REPRESENTING A MULTI-COUNTY AREA MUST UTILIZE THE WEIGHTED VOTING FORMULA; AND TO DIRECT THE CODE COMMISSIONER TO MODIFY ALL CODE SECTIONS WHICH ARE INCONSISTENT WITH THIS ACT AND TO INDICATE IN THE NOTES FOLLOWING A CODE SECTION ANY ACTION ACCEPTED BY A COUNTY GOVERNING BODY.

Referred to Committee on Judiciary.

S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 3107 . . . . . Tuesday, April 30, 1996

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.

Referred to Committee on Judiciary.

S. 660 -- Senators Cork and McConnell: A BILL TO AMEND ARTICLE 1, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS SO AS TO ENACT THE "DRIVER'S PRIVACY PROTECTION ACT" INCLUDING PROVISIONS RESTRICTING THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; AND TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

Referred to Committee on Judiciary.

S. 704 -- Senators Land, Drummond and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

S. 739 -- Senators Bryan and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-212 SO AS TO DEFINE FEDERAL LAW ENFORCEMENT OFFICER, TO PERMIT A FEDERAL LAW ENFORCEMENT OFFICER TO ENFORCE THE STATE'S CRIMINAL LAWS UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT A FEDERAL LAW ENFORCEMENT OFFICER IS NOT AN OFFICER, EMPLOYEE, OR AGENT OF A STATE OR LOCAL LAW ENFORCEMENT AGENCY, MAY NOT CONDUCT AN


Printed Page 3108 . . . . . Tuesday, April 30, 1996

INDEPENDENT INVESTIGATION INTO A VIOLATION OF STATE LAW, AND IS SUBJECT TO THE FEDERAL TORT CLAIMS ACT.

Referred to Committee on Judiciary.

S. 774 -- Senator Land: 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.

On motion of Rep. FELDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 776 -- Senators Lander, Giese and Matthews: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.

Referred to Committee on Judiciary.

S. 777 -- Senator Washington: A BILL TO AMEND SECTION 22-1-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANDATORY RETIREMENT AGE FOR MAGISTRATES, SO AS TO PERMIT A RETIRED MAGISTRATE TO BE APPOINTED BY THE GOVERNOR, UPON THE RECOMMENDATION OF THE GOVERNING BODY OF THE COUNTY WHEREIN HE LAST SERVED, TO SERVE AS A SPECIAL MAGISTRATE IN THE COUNTY FOR THE PURPOSE OF TEMPORARILY REPLACING AN EXISTING MAGISTRATE WHO IS UNABLE PRESENTLY TO


Printed Page 3109 . . . . . Tuesday, April 30, 1996

FULFILL HIS DUTIES DUE TO ILLNESS, INJURY, OR OTHER SIMILAR REASONS.

Referred to Committee on Judiciary.

S. 862 -- Senators Elliott, Saleeby, Holland, Ford and Glover: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE, RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.

Referred to Committee on Judiciary.

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.

Referred to Committee on Judiciary.

S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 1A SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN ELECTION LAW VIOLATION UNDER STATE OR FEDERAL LAW OR WHO HAS PLED GUILTY OR NOLO CONTENDERE TO AN ELECTION LAW OFFENSE IS ELIGIBLE TO SERVE AS A JUSTICE OF THE SUPREME COURT, AS A JUDGE OF THE COURT OF APPEALS, AS A CIRCUIT COURT JUDGE, OR AS A JUDGE OR MEMBER OF ANY OTHER COURT PROVIDED FOR


Printed Page 3110 . . . . . Tuesday, April 30, 1996

OR ESTABLISHED BY THE CONSTITUTION OR BY GENERAL LAW THAT IS A PART OF THE UNIFIED JUDICIAL SYSTEM.

Referred to Committee on Judiciary.


| Printed Page 3090, Apr. 25 | Printed Page 3110, Apr. 30 |

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