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 940, Feb. 22 | Printed Page 960, Feb. 26 |

Printed Page 950 . . . . . Monday, February 26, 1996

H. 4675 -- Reps. Cato, Bailey, Cain, Carnell, J. Harris, Jennings, Kirsh, Law, Martin, Mason, Richardson, Robinson, Sandifer, Thomas, Trotter, Young-Brickell, Limehouse, Harvin, McCraw, Easterday, Gamble, G. Brown, Meacham, Simrill, Worley, L. Whipper, Elliott, Williams and Neilson: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER
Printed Page 951 . . . . . Monday, February 26, 1996

TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".

Referred to Committee on Ways and Means.

S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

Referred to Committee on Labor, Commerce and Industry.

S. 1163 -- Senators Drummond, J. Verne Smith, Courson, Patterson, Mescher and Giese: A JOINT RESOLUTION AUTHORIZING THE COMMISSION FOR MINORITY AFFAIRS TO RECEIVE FUNDS FROM PUBLIC AND PRIVATE SOURCES FOR RESEARCH,


Printed Page 952 . . . . . Monday, February 26, 1996

FORUMS, TRAINING SESSIONS, 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.

Referred to Committee on Ways and Means.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. H. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.

ROLL CALL

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

Allison              Anderson             Askins
Breeland             Brown, H.            Brown, J.
Byrd                 Cain                 Cato
Cave                 Clyburn              Cooper
Cotty                Cromer               Dantzler
Delleney             Easterday            Fleming
Gamble               Hallman              Harrell
Harris, J.           Harrison             Hines, J.
Hines, M.            Hodges               Hutson
Inabinett            Kelley               Kinon
Kirsh                Knotts               Koon
Law                  Lee                  Limbaugh
Littlejohn           Lloyd                Loftis
Marchbanks           Mason                McAbee
McCraw               McMahand             Meacham
Moody-Lawrence       Neal                 Neilson
Quinn                Rhoad                Rice
Riser                Robinson             Rogers
Sandifer             Scott                Seithel
Sharpe               Simrill              Smith, D.
Smith, R.            Spearman             Stoddard
Stuart               Trotter              Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          Wilder
Wilkins              Witherspoon          Wofford
Wright               Young                Young-Brickell

Printed Page 953 . . . . . Monday, February 26, 1996


STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Monday, February 26. Timothy C. Wilkes Thomas G. Keegan Leon Howard C.D. Chamblee H.B. Limehouse III Juanita M. White Jerry N. Govan, Jr. Harold G. Worley Michael F. Jaskwhich Harry C. Stille Steve P. Lanford Robert J. Sheheen Olin R. Phillips William D. Keyserling R.J. Herdklotz Scott H. Richardson C. Alex Harvin III Gilda Cobb-Hunter Paula H. Thomas Ronald C. Fulmer Daniel L. Tripp Terry E. Haskins John G. Felder James S. Klauber John W. Tucker, Jr. June S. Shissias Joseph T. McElveen, Jr. Theodore A. Brown Grady A. Brown G. Ralph Davenport, Jr. Douglas Jennings, Jr. Woodrow M. McKay George H. Bailey Ralph W. Canty

Total Present--112

LEAVES OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence.

The SPEAKER granted Rep. BOAN a leave of absence for the day due to the death of his father.

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

The SPEAKER granted Rep. P. HARRIS a leave of absence.

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

The SPEAKER granted Rep. TRIPP a temporary leave of absence.

MOTION ADOPTED

Rep. H. BROWN moved that H. 4602, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 95-96,


Printed Page 954 . . . . . Monday, February 26, 1996

be set for Special Order immediately after third reading of H. 4600, the General Appropriations Bill and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 4602, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 95-96, the Bills on the Calendar be printed by number only, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that H. 4601, the supplemental appropriations from surplus from 1995-96 surplus general fund revenues, be set for Special Order immediately after second reading of H. 4602, Capital Reserve Fund, and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 4601, the supplemental appropriations from surplus from 1995-96 surplus general fund revenues, the Bills on the Calendar be printed by number only, which was agreed to.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 1154 -- Senators Washington, Passailaigue, Ford, Greg Smith, Richter and McConnell: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

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


Printed Page 955 . . . . . Monday, February 26, 1996

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.

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.

Rep. LAW explained the Bill.

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.

Rep. NEILSON explained the Bill.

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.

Rep. YOUNG-BRICKELL explained the Joint Resolution.


Printed Page 956 . . . . . Monday, February 26, 1996

H. 4544--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MASON, with unanimous consent, it was ordered that H. 4544 be read the third time tomorrow.

H. 4444--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 4444 be read the third time tomorrow.

H. 4648--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. YOUNG-BRICKELL, with unanimous consent, it was ordered that H. 4648 be read the third time tomorrow.

H. 3230--DEBATE ADJOURNED

Rep. CROMER moved to adjourn debate upon the following Bill until Thursday, March 7, which was adopted.

H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".

S. 27--RECOMMITTED

The following Bill was taken up.

S. 27 -- Senator Mescher: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE


Printed Page 957 . . . . . Monday, February 26, 1996

VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.

Rep. CROMER moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

S. 625--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2235DW.96), which was adopted.

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

/SECTION 1. Section 7-13-860 of the 1976 Code is amended to read:

"Section 7-13-860. Each candidate who is not unopposed in the a primary and each nonpartisan candidate, including announced write-in candidates in a general or special election may appoint a watcher for any voting place that he may desire where his name appears on the ballot. Provided, however, that However, in any general or special election, all candidates who are certified by a political party shall must be jointly represented at each polling place that they may desire by not more than two watchers from such the party for each one thousand registered voters or fraction thereof registered at such the polling place. Every Each watcher appointed hereunder must be a qualified voter in the county where he is to watch, and must be certified, in writing, to the managers of the voting precinct to which assigned, in writing,. This certification must be signed by the primary or nonpartisan candidate or, in the case of watchers jointly representing all candidates of a political party, by an appropriate party official as having been designated to so act. Such watchers Watchers shall must, at all times, wear appropriate, visible identification specifying the candidate or party, as appropriate, which they represent. The identification badge of a poll watcher may not exceed four and one-fourth inches by four and one-fourth inches with individual letters on the badge not exceeding one-quarter inch in height or width. Badges must be printed on white or yellow paper with red, white, or blue ink. After qualification,


Printed Page 958 . . . . . Monday, February 26, 1996

watchers must be placed in an area designated by the poll managers where the watchers can observe the entire election process at that polling place. No such watcher shall may conduct himself in a manner that will interfere in the orderly conduct of the election or influence any voter in the casting of his ballot."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

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

S. 597--AMENDED AND ORDERED TO THIRD READING

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.

The Agriculture, Natural Resources & Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5279AC.96), which was adopted.

Amend the bill, as and if amended, page 1, line 21, by deleting /other than/ and inserting /other than/.

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.

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

S. 597--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 597 be read the third time tomorrow.


Printed Page 959 . . . . . Monday, February 26, 1996

S. 296--AMENDED AND ORDERED TO THIRD READING

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.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\5233SD.96), which was adopted.

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

/SECTION 1. Section 12-11-40 of the 1976 Code, as last amended by Act 170 of 1987, Part II, Section 2B, is further amended to read:

"Section 12-11-40. For the purpose of administration, allocation and apportionment, enforcement, collection, liens, penalties, and other similar provisions, all of the provisions of Chapter 7 of this Title that may be appropriate or applicable are adopted and made a part of this chapter for the enforcement and administration of this chapter, including the requirement to make declarations of estimated tax and make estimated tax payments."

SECTION 2. Section 27-18-180 of the 1976 Code, as last amended by Act 658 of 1988, Part II, Section 34A, is further amended to read:

"Section 27-18-180. (A) A person holding property tangible or intangible, presumed abandoned and subject to custody as unclaimed property under this chapter shall report to the administrator concerning the property as provided in this section.

(B) The report must be verified and must include:

(1) except with respect to travelers checks and money orders, the name, if known, and last known address, if any, of each person appearing


| Printed Page 940, Feb. 22 | Printed Page 960, Feb. 26 |

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