Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 4020, June 6 | Printed Page 4040, June 9 |

Printed Page 4030 . . . . . Tuesday, June 6, 1995

(R185) H. 4018 -- Rep. Cato: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS UNDER CERTAIN CIRCUMSTANCES, SECTION 40-59-255 SO AS TO PROVIDE REQUIREMENTS FOR INSPECTION REPORTS ISSUED BY LICENSED HOME INSPECTORS, AND SECTION 40-59-257 SO AS TO PROVIDE REQUIREMENTS FOR ADVERTISEMENTS BY LICENSED HOME INSPECTORS.

(R186) H. 4042 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO PROVIDE FOR TEMPORARY QUALIFICATIONS AND FEES FOR LICENSURE AS A HOME INSPECTOR.

(R187) H. 4089 -- Reps. Stille, Townsend, Carnell and McAbee: AN ACT TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.

(R188) H. 4146 -- Ways and Means Committee: AN ACT TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; TO AMEND SECTION 12-31-410, RELATING TO THE ROAD TAX, SO AS TO REVISE THE AMOUNT OF THE TAX; TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-400, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360,


Printed Page 4031 . . . . . Tuesday, June 6, 1995

12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, AND 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES; AND TO PROVIDE FOR APPROPRIATE REFERENCES AND DUTIES OF THE CODE COMMISSIONER.

(R189) H. 4157 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO LICENSING, CERTIFICATION, FEES, AND CONTINUING EDUCATION OF REAL ESTATE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1766, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R190) H. 4158 -- Ways and Means Committee: AN ACT TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT, TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS, TO EXEMPT ONE PERSONAL MOTOR VEHICLE OWNED OR


Printed Page 4032 . . . . . Tuesday, June 6, 1995

LEASED BY A LEGAL GUARDIAN OF A MINOR WHO IS BLIND OR REQUIRED TO USE A WHEELCHAIR WHEN THE VEHICLE IS USED TO TRANSPORT THE MINOR, AND TO EXEMPT BOATS AND MOTORS VALUED BELOW THE AMOUNT DETERMINED NECESSARY BY THE COUNTY AUDITOR TO GENERATE A TAX BILL EQUAL TO FIFTEEN DOLLARS; AND TO AMEND TITLE 4 OF THE 1976 CODE, RELATING TO COUNTY GOVERNMENT, BY ADDING CHAPTER 12 SO AS TO PROVIDE FOR A FEE IN LIEU OF PROPERTY TAXES AND TO PROVIDE THE REQUIREMENTS NECESSARY FOR PROJECTS ELIGIBLE FOR SUCH FEES INCLUDING, AMONG OTHER THINGS, A MINIMUM INVESTMENT THRESHOLD OF TEN MILLION DOLLARS, AN ASSESSMENT RATIO OF NOT LESS THAN SIX PERCENT, AND A MAXIMUM PERIOD FOR THE FEE OF TWENTY YEARS PLUS EXTENSIONS NOT TO EXCEED A TOTAL OF TWENTY-SEVEN YEARS IN CASES OF PROPERTY PLACED IN SERVICE OVER A PERIOD OF YEARS, AND TO PROVIDE WHICH FEE IN LIEU OF TAXES PROVISIONS ARE AVAILABLE FOR PROJECTS BASED ON THE DATE AGREEMENTS ARE ENTERED INTO AND THE TOTAL AMOUNT OF THE PROJECT INVESTMENT; AND TO AMEND SECTIONS 4-29-68 AND 12-7-1220, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES FOR SPECIAL SOURCE REVENUE BOND PROJECTS AND THE TARGETED JOBS STATE INCOME TAX CREDIT, SO AS TO CONFORM THESE PROVISIONS TO THE FEE IN LIEU OF TAXES OF THE CHAPTER ADDED BY THIS ACT.

(R191) H. 4166 -- Reps. Robinson, Marchbanks, Rice and Trotter: AN ACT TO AMEND ACT 260 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF PICKENS COUNTY, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998 ELECTION, THE THREE AT-LARGE SEATS ON THE BOARD SHALL BE NUMBERED CONSECUTIVELY AND CANDIDATES SHALL FILE FOR AND BE ELECTED FROM SPECIFIC AT-LARGE SEATS, TO STAGGER THE TERMS OF THE THREE AT-LARGE MEMBERS ELECTED IN 1998, AND TO PROVIDE A FILING FEE FOR ELECTION TO THESE OFFICES.

(R192) H. 4167 -- Reps. Fleming and Wilder: AN ACT TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS HIGHER EDUCATION COMMISSION, SO AS TO INCREASE IT FROM SEVEN TO NINE MEMBERS, AND REQUIRE THAT THE TWO


Printed Page 4033 . . . . . Tuesday, June 6, 1995

ADDITIONAL MEMBERS RESIDE IN UNION COUNTY AND TWO MEMBERS MUST RESIDE IN LAURENS COUNTY.

(R193) H. 4170 -- Reps. Rhoad and Cave: AN ACT TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS SHALL RECEIVE COMPENSATION OF ONE THOUSAND TWO HUNDRED DOLLARS EACH CALENDAR YEAR.

(R194) H. 4180 -- Reps. Vaughn, Herdklotz, Cato, Easterday, Jaskwhich, Tripp, Rice, Anderson and McMahand: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GREENVILLE COUNTY VOTING PRECINCTS, SO AS TO CHANGE POLLING PLACES, RENAME PRECINCTS, AND ADD PRECINCTS.

(R195) H. 4186 -- Reps. Shissias, Cotty, Rogers, Cromer, Harrison, Quinn, Howard, Scott, Neal, J. Brown and Byrd: AN ACT TO AMEND SECTION 7-7-465, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ADD THE GREGG PARK PRECINCT AND TO STIPULATE THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS IN RICHLAND COUNTY ARE SHOWN.

(R196) H. 4188 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO PROVIDE THAT A "CHARGEABLE" ACCIDENT IS DEFINED AS ONE RESULTING IN BODILY INJURY TO ANY PERSON IN EXCESS OF SIX HUNDRED, RATHER THAN THREE HUNDRED, DOLLARS PER PERSON, DEATH, OR DAMAGE TO THE PROPERTY OF THE INSURED OR OTHER PERSON IN EXCESS OF ONE THOUSAND, RATHER THAN SEVEN HUNDRED FIFTY, DOLLARS, AND PROVIDE THAT THESE THRESHOLDS MUST BE ADJUSTED PERIODICALLY BY REGULATION BASED UPON CHANGES IN THE CONSUMER PRICE INDEX; AND TO PROVIDE THAT THESE THRESHOLD AMOUNTS OF SIX HUNDRED DOLLARS AND ONE THOUSAND DOLLARS APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995,


Printed Page 4034 . . . . . Tuesday, June 6, 1995

AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760.

(R197) H. 4198 -- Reps. Koon, Gamble, Knotts, Wright, Stuart and Riser: AN ACT TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

(R198) H. 4203 -- Reps. Stille, Carnell, McAbee and Townsend: AN ACT TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

(R199) H. 4215 -- Reps. Cain and Sandifer: AN ACT TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.

(R200) H. 4216 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1830, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R201) H. 4218 -- Rep. McAbee: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.

(R202) H. 4219 -- Reps. Carnell, Klauber, McAbee and Stille: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF


Printed Page 4035 . . . . . Tuesday, June 6, 1995

MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.

(R203) H. 4224 -- Reps. Stille, Carnell, McAbee and Townsend: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ABBEVILLE COUNTY TRANSPORTATION COMMITTEE.

(R204) H. 4226 -- Reps. Stuart, Cobb-Hunter, Sharpe, Felder and Govan: AN ACT TO AUTHORIZE THE MEMBERS OF THE ORANGEBURG COUNTY TRANSPORTATION COMMITTEE TO BE REIMBURSED MILEAGE FROM FUNDS AVAILABLE FOR ADMINISTRATIVE EXPENSES OF THE COMMITTEE AND TO PROVIDE FOR THE ALLOWABLE RATE.

(R205) H. 4229 -- Reps. Klauber, Stille, Carnell and McAbee: AN ACT TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

(R206) H. 4231 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1848, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R207) H. 4230 -- Reps. Stoddard, Wilder and Carnell: AN ACT TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

(R208) H. 4232 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY MEDICAL ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT


Printed Page 4036 . . . . . Tuesday, June 6, 1995

NUMBER 1859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R209) H. 4233 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ADJOURNMENT

At 10:55 A.M., on motion of Senator LANDER, the Senate adjourned to meet tomorrow at 10:00 A.M. for local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, in accordance with the provisions of the Sine Die Resolution, H. 4239.

* * *


Printed Page 4037 . . . . . Wednesday, June 7, 1995

Wednesday, June 7, 1995

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator JACKSON.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time and having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:

H. 4243 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.

(By prior motion of Senator ROSE)

ADJOURNMENT

At 10:14 A.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 10:00 A.M. for local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, in accordance with the provisions of the Sine Die Resolution, H. 4239.

* * *


Printed Page 4038 . . . . . Thursday, June 8, 1995

Thursday, June 8, 1995

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator COURSON.

ADJOURNMENT

At 10:10 A.M., on motion of Senator SETZLER, the Senate adjourned to meet tomorrow at 10:00 A.M. for local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, in accordance with the provisions of the Sine Die Resolution, H. 4239.

* * *


Printed Page 4039 . . . . . Friday, June 9, 1995

Friday, June 9, 1995

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 10:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator RYBERG.

REPORT RECEIVED

Report of the Joint Committee for Judicial Screening
Seat 2 of the Family Court of the Fifth Judicial Circuit

The Joint Committee for Judicial Screening reopened the application filing period for Seat #2 of the Family Court of the Fifth Judicial Circuit (Richland and Kershaw Counties) on Friday, May 19, 1995. The Joint Committee reopened the application filing period pursuant to S.C. Code Section 2-19-80 which requires the Joint Committee to do so when an incumbent judge is found not qualified. The deadline for receipt of additional applications was 12:00 noon on June 2, 1995, but the Joint Committee did not receive any additional applications.

The Joint Committee hereby re-releases the report it issued on May 19, 1995, concerning the qualifications of the two candidates for this seat, the Honorable Abigail R. Rogers and Leslie Kirkland Riddle, Esquire.

Leslie Kirkland Riddle, Esquire

Candidate for the Family Court of the 5th Judicial Circuit

Joint Committee's Finding: Qualified

Ms. Riddle was screened on May 10, 1995, after a thorough investigation. The Joint Committee's findings as they relate to the nine evaluative criteria are as follows:

(1) Integrity and Impartiality:
Ms. Riddle demonstrated an understanding of the Canons of Judicial Conduct and other ethical considerations important to judges.
Ms. Riddle's husband is an assistant solicitor in the 11th Circuit.
Ms. Riddle indicated that she would recuse herself from matters involving parties to litigation or clients of her current law firm. She said she would also recuse herself from all matters where a lawyer from her firm was or had been involved.


| Printed Page 4020, June 6 | Printed Page 4040, June 9 |

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