Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 3700, Mar. 23 | Printed Page 3720, Mar. 23 |

Printed Page 3711 . . . . . Wednesday, March 23, 1994

H. 4737 -- Reps. Gamble, Waites, Cromer, Quinn, Neal, Sturkie, Stuart, Shissias, Harrison, Koon, Wright, Riser, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD AND LIMIT A MEMBER OF THE COMMISSION TO TWO CONSECUTIVE TERMS.

H. 4738 -- Reps. Gamble, Waites, Koon, Cromer, Sturkie, Stuart, Wright, Quinn, Riser, Neal, Harrison, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, INCREASE THE TERM OF THE MEMBERS OF THE COMMISSION FROM THREE TO FOUR YEARS, PROVIDE THAT A MEMBER MAY NOT SERVE


Printed Page 3712 . . . . . Wednesday, March 23, 1994

MORE THAN TWO CONSECUTIVE TERMS AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.

H. 4288 -- Reps. Shissias, Harrison, Gamble, Waites, Felder, Worley, Beatty, Kelley, Littlejohn, McElveen, Delleney, Klauber, Phillips, D. Wilder, Corning, Wright, Keyserling, Stone, Davenport, Witherspoon, Thomas, Baxley and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2735 SO AS TO ESTABLISH EDUCATIONAL REQUIREMENTS FOR CAREGIVERS IN CHILD DAY CARE CENTERS AFTER JUNE 30, 1994, AND TO PROVIDE AN EXCEPTION.

H. 4627 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

H. 4628 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS AND TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.

H. 4629 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO


Printed Page 3713 . . . . . Wednesday, March 23, 1994

FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.

H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

H. 4560 -- Reps. Hodges and J. Wilder: A BILL TO AMEND SECTION 7-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO DELETE LANGUAGE WHICH PROVIDES THAT CONFINEMENT IN ANY PUBLIC PRISON DISQUALIFIES A PERSON FROM BEING REGISTERED OR VOTING AND PROVIDE THAT A PERSON IS DISQUALIFIED FROM VOTING IF HE IS SERVING A TERM OF IMPRISONMENT RESULTING FROM A CONVICTION OF A CRIME.

H. 4662 -- Rep. Hodges: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.

H. 4882--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4882 -- Reps. G. Bailey, Cobb-Hunter, Hutson, Harrell and A. Young: A BILL TO AMEND SECTION 7-7-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN DORCHESTER COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND DELETE THE SPECIFIC VOTING PLACES FOR EACH PRECINCT, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-35-94, AND PROVIDE THAT THE


Printed Page 3714 . . . . . Wednesday, March 23, 1994

POLLING PLACES FOR THE PRECINCTS PROVIDED IN THIS SECTION MUST BE ESTABLISHED BY THE DORCHESTER COUNTY ELECTION COMMISSION.

The Bill was read the second time and ordered to third reading by a division vote of 4 to 1.

ORDERED TO THIRD READING

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

H. 4952 -- Reps. R. Smith, Rudnick, Stone, Huff and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE FIVE SCHOOL DAYS MISSED BY THE STUDENTS OF L-B-C MIDDLE SCHOOL IN AIKEN COUNTY DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO FIRE ARE 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.

H. 4347 -- Reps. Neilson, Corning and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1555 SO AS TO ABOLISH THE "TENDER YEARS DOCTRINE" REGARDING THE PREFERENCE FOR AWARDING CUSTODY TO A MOTHER OF A CHILD OF TENDER YEARS.

H. 4820--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 4820

GENERAL APPROPRIATION BILL

Rep. BOAN proposed the following Amendment No. 384 (Doc Name L:\h-wm\legis\amend\TMR.095), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3B, Page 9, Line 2, opposite /Unclass Leg Misc/ by increasing columns (5) and (6) by /$50,000/

Amend further, line 3, by increasing the FTE under columns (5) and (6) by /(2.00)/

Amend further, by inserting after line 6, a new item /strategic planning/ and by inserting in columns (5) and (6) /$125,000/

Renumber sections & amend totals/title to conform.


Printed Page 3715 . . . . . Wednesday, March 23, 1994

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 385 (Doc Name L:\h-wm\legis\amend\DH.SLE), which was adopted.

Amend the bill, as and if amended, Part 1A, Section 6B, SLED, page 0033, line 35, opposite /Other Operating Expenses/ by increasing the amount in column (5) by /600,000/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 387 (Doc Name L:\h- wm\legis\amend\DC.095), which was adopted.

Amend the bill, as and if amended, Part IA, Section 49, PRT, Page 0404, Line 18, opposite /other operating expenses/ by increasing the amounts in columns (5) and (6) by /$50,000/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 388 (Doc Name L:\h- wm\legis\amend\DH.096), which was adopted.

Amend the bill, as and if amended, Part IB, Section 41, Department of Corrections, Page 584, by adding an appropriately numbered paragraph to read: /Of funds authorized in this section for housing, care and security, $200,000 and 8 FTEs shall be used to provide 24-hour security at the Ridgeland Correctional Institution/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 389 (Doc Name L:\h- wm\legis\amend\DM.021), which was adopted.

Amend the bill, as and if amended, Part IB, Section 66, Employment Security Commission, Page 593, by adding an appropriately numbered


Printed Page 3716 . . . . . Wednesday, March 23, 1994

paragraph to read: /When out-of-state, Employment Security Commissioners are allowed $50.00 per diem or actual expenses/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 391 (Doc Name L:\council\legis\amend\DKA\3336HTC.94), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION appropriately numbered to read:

/SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION EQUAL TO FOUR THOUSAND DOLLARS OF FAIR MARKET VALUE OF ALL OWNER-OCCUPIED RESIDENTIAL PROPERTY FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION, TO PROVIDE THAT THE GENERAL ASSEMBLY MAY INCREASE THE EXEMPTION AMOUNT IN FUTURE YEARS BUT THAT ANY INCREASE IS CONDITIONAL ON FULL FUNDING OF THE EDUCATION FINANCE ACT AND ON THE APPROPRIATION OF SUFFICIENT REIMBURSEMENT FUNDS, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY.

Article 3, Chapter 37, Title 12 of the 1976 Code is amended by adding:

"Section 12-37-257. (A) In addition to any other homestead exemption allowed by law and beginning with taxes due for property tax year 1994, an amount of fair market value equal to four thousand dollars of every homestead qualifying for the assessment ratio provided pursuant to Section 12-43-220(c) is exempt from all school taxes except school taxes levied for:

(1) debt service; and

(2) payments for lease-purchases of school facilities.

(B) (1) The exemption allowed by this section is an initial exemption amount which may be increased by the General Assembly for property tax years beginning after 1994, but any such future increase is conditional on full funding of the Education Finance Act and on an appropriation by the


Printed Page 3717 . . . . . Wednesday, March 23, 1994

General Assembly for the fiscal year reimbursing school districts an amount equal to the Department of Revenue and Taxation's estimate of total school tax revenue loss resulting from the exemption for that fiscal year.

(2) From the general fund of the State and regardless of the amount appropriated for the reimbursement, the Comptroller General shall pay to the county treasurer of each county for the account of each school district in the county a sum equal to the taxes not collected for the school district because of the exemption provided in this section. The county treasurer shall furnish the Comptroller General on or before April first following the tax year, or during an extension authorized by the Comptroller General not to exceed sixty days, an accounting or statement as prescribed by the Comptroller General that reflects the amount of school district taxes not collected because of the exemption. Funds paid by the Comptroller General as the result of an erroneous or improper application must be returned to the Comptroller General for deposit to the credit of the general fund of the State. The Comptroller General shall promulgate regulations as may be necessary to carry out the provisions of this section.

(C) Notwithstanding any other provision of law, the fair market value of a homestead exempted from property taxation in the manner provided in this section is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3)."/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 392 (Doc Name L:\h-wm\legis\amend\DH.100), which was adopted.

Amend the bill, as and if amended, Part IA, After Section 4A, Page 30, Beginning on line 1, by adding a new section to read:

/I. Administration

Personal Service

Director 45,900. . . . .45,900

(1.00). . . . . (1.00)

Unclassified Positions 19,000. . . . .19,000

(1.00). . . . . (1.00)

Other Personal Service 198. . . . . 198
Total Personal Service65,098. . . . .65,098


Printed Page 3718 . . . . . Wednesday, March 23, 1994

(2.00). . . . . (2.00)

Other Operating Expenses 2,541. . . . . 2,541

Total Administration 67,639. . . . .67,639

II. Employee Benefits

C. Employer Contributions

Employer Contributions 15,361. . . . .15,361
Total Fringe Benefits15,361. . . . .15,361

Total Sentencing Guideline

Commission 83,000. . . . .83,000

(2.00). . . . .(2.00)/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 393 (Doc Name L:\h-wm\legis\amend\DC.096), which was adopted.

Amend the bill, as and if amended, Part IA, Section 30, DHEC, Page 0296, Line 26, opposite /Case Services/ by increasing the amounts in columns (5) and (6) by /$975,000/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time and ordered sent the Senate.

S. 195--RECONSIDERED

Rep. HARRELL moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to by a division vote of 25 to 18.

S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A


Printed Page 3719 . . . . . Wednesday, March 23, 1994

FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".

ORDERED ENROLLED FOR RATIFICATION

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

S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.

S. 10--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. HODGES having the floor.

S. 10 -- Senators Martin and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.

Rep. HODGES explained the Bill.


| Printed Page 3700, Mar. 23 | Printed Page 3720, Mar. 23 |

Page Finder Index