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 4070, Apr. 6 | Printed Page 4090, Apr. 7 |

Printed Page 4080 . . . . . Wednesday, April 6, 1994

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

Amend title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.

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

H. 4606--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4606 -- Reps. Koon, Walker, Richardson, Holt and Harrell: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PROVIDE THAT ANY NUMBER OF HOURS OF CONTINUING INSURANCE EDUCATION EARNED BY AN AGENT IN A TWELVE-MONTH PERIOD MUST BE CARRIED FORWARD, AT THE DESIGNATION OF THE AGENT, TO THE ENSUING TWELVE-MONTH PERIOD, WITHOUT LIMITATION, AS LONG AS THE HOURS CARRIED FORWARD ARE IN EXCESS OF THE REQUIRED MINIMUM FOR A PARTICULAR REPORTING PERIOD.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9069JM.94), which was adopted.

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

/SECTION 1. Section 38-43-106(A) of the 1976 Code, as added by Act 141 of 1991, is amended to read:

"(A) In addition to the requirements contained in Section 38-43-105, any applicant or agent licensed to sell property and casualty insurance or to sell life, accident and health insurance, or both, or qualified for this licensure, must complete biennially a minimum of twenty-four hours of continuing insurance education in order to be eligible for licensure for the following two years.


Printed Page 4081 . . . . . Wednesday, April 6, 1994

However, if an agent is licensed in both property and casualty and life, accident and health, the agent must complete at least one-third of the twenty-four required biennial continuing insurance education hours in courses related to each of these types of licenses or qualification for licensure. Notwithstanding the provisions of this subsection or any other provision of law, a maximum of twelve credit hours earned in a twelve-month period may be carried forward to the next biennial continuing insurance education period, as long as the hours carried forward are in excess of the required minimum for a particular reporting period."

SECTION 2. This act takes effect upon approval by the Governor and applies to all hours of continuing insurance education taken by an insurance agent who is subject to the provisions of Section 38-43-106 of the 1976 Code./

Amend title to conform.

Rep. KOON explained the amendment.

The amendment was then adopted.

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

H. 4624--RECALLED FROM THE COMMITTEE ON JUDICIARY

On motion of Rep. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

H. 4624 -- Reps. Tucker, G. Brown, Haskins, Townsend, D. Smith, G. Bailey, Harrison, Harwell, Vaughn, J. Wilder, Carnell, Davenport, Inabinett, Hodges, Law, R. Young, Rogers, Harvin, Moody-Lawrence, A. Young, Stuart, Cato, Gonzales, D. Wilder and Meacham: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES.


Printed Page 4082 . . . . . Wednesday, April 6, 1994

STATEMENT BY REP. MEACHAM

Rep. MEACHAM, with unanimous consent, continued her statement relative to the reform of the Judicial Standards Commission.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3986 from the Committee on Judiciary.

Rep. TUCKER objected.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3962 from the Committee on Judiciary.

Rep. TUCKER objected.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 4853 from the Committee on Ways and Means.

Rep. TUCKER objected.

H. 4928--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 4928 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY S-17-45 AS "LESTER JACKSON HIGHWAY".

Rep. BOAN moved to adjourn debate upon the Concurrent Resolution until Thursday, April 7, which was adopted.

RECURRENCE TO THE MORNING HOUR

Rep. RICHARDSON moved that the House recur to the morning hour, which was agreed to by a division vote of 42 to 38.

CONCURRENT RESOLUTION

The following was introduced:

H. 5035 -- Reps. Harvin and R. Young: A CONCURRENT RESOLUTION CONGRATULATING CHARLESTON SOUTHERN UNIVERSITY ON ITS THIRTIETH ANNIVERSARY, AND COMMENDING THIS OUTSTANDING INSTITUTION OF HIGHER


Printed Page 4083 . . . . . Wednesday, April 6, 1994

EDUCATION FOR ITS COMMITMENT TO EXCELLENCE IN THE AREA OF HIGHER LEARNING.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5036 -- Reps. Gonzales, Cromer, A. Young, Hallman, Harwell, Quinn, R. Young, Holt, Fulmer, Richardson, Harrison, McKay, Wright, G. Bailey, Kelley, Koon, Stille, Witherspoon, Corning, Barber, Thomas, McCraw, Riser, McTeer, R. Smith, Lanford, Fair, Kirsh, G. Brown, Vaughn, Robinson, Haskins, Gamble, Jaskwhich, Wells, Meacham, Baker, Trotter, Moody-Lawrence, Littlejohn, Allison, Farr, Stoddard, Davenport, Stuart, Stone, Spearman, Wofford, Neilson, Clyborne and Harrelson: A CONCURRENT RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE IMPOSITION OF RETROACTIVE TAXES.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

S. 520--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT

The General Assembly, Columbia, S.C., April 5, 1994

The CONFERENCE COMMITTEE, to whom was referred:
S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Be it enacted by the General Assembly of the State of South Carolina:

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 primary and each candidate in a general election may appoint a watcher for any


Printed Page 4084 . . . . . Wednesday, April 6, 1994

voting place that he may desire. 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 of a thousand registered voters registered at such the polling place. Every watcher appointed hereunder under this section must be a qualified voter in the county where he is to watch, and must be certified to the managers of the voting precinct to which assigned, in writing, signed by the candidate or by an appropriate party official as having been designated to so act as a watcher. Such watchers shall Watchers at all times shall wear appropriate, visible identification specifying the candidate or party which they represent. No such watcher shall conduct himself in a manner that will interfere interferes in the orderly conduct of the election or influence influences any voter in the casting of his ballot. The identification badge of a pollwatcher 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 may not be a color that has a fluorescent quality."

SECTION 2. Section 7-25-180 of the 1976 Code, as last amended by Act 393 of 1990, is further amended to read:

"Section 7-25-180. (A) It is unlawful on an election day within two hundred feet of any entrance used by the voters to enter the polling place for a person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of any such entrance clear of political literature and displays, and the county and municipal law enforcement officers, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of any such entrance distributed or displayed in violation of this section.

(B) A candidate may appear and greet voters in line as long as he is not intimidating voters or interfering with the orderly election process. A candidate may wear within two hundred feet of the polling place a label no larger than four and one-fourth inches by four and one-fourth inches that contains the candidate's name and the office he is seeking. If the candidate enters the polling place, he may not display any of this identification, including but not limited to, campaign stickers or buttons.

(C) Nothing in this section may be interpreted to prohibit a registered voter from wearing any campaign sticker, button, t-shirt, or hat while waiting to vote."


Printed Page 4085 . . . . . Wednesday, April 6, 1994

SECTION 3. This act takes effect upon approval by the Governor.

Amend title to conform.

/s/Donald H. Holland /s/Joseph B. Wilder
/s/John W. Matthews, Jr. /s/James L. Cromer
/s/David L. Thomas /s/T.C. Alexander

On Part of the Senate. On Part of the House.

Rep. J. WILDER explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

Rep. TUCKER moved that the House do now adjourn.

POINT OF ORDER

Rep. QUINN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

The motion to adjourn was then agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4988 -- Reps. Stoddard, Inabinett, McAbee and Clyborne: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 13, 1994, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, WINTHROP UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1994 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.


Printed Page 4086 . . . . . Wednesday, April 6, 1994

H. 4989 -- Reps. Sheheen, Wilkins and Hodges: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, APRIL 20, 1994.

H. 5024 -- Reps. J. Brown, Anderson, Beatty, Breeland, Byrd, Canty, Cobb-Hunter, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper, White and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE SAMUEL FOSTER OF YORK COUNTY, OUR DISTINGUISHED FORMER COLLEAGUE IN THE GENERAL ASSEMBLY AND OUR GOOD FRIEND, UPON HIS INDUCTION INTO THE MORRIS COLLEGE ATHLETIC HALL OF FAME.

H. 5025 -- Reps. Rogers and Rudnick: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MR. BOB MCCROSKY OF AIKEN COUNTY ON THE OCCASION OF THE EIGHTIETH BIRTHDAY OF THIS OUTSTANDING AND DEDICATED HUMAN RIGHTS ADVOCATE.

H. 5026 -- Rep. D. Smith: A CONCURRENT RESOLUTION COMMENDING ROBERT E. JUSTICE OF SPARTANBURG COUNTY FOR HIS OUTSTANDING SERVICE AS THE SCOUT EXECUTIVE OF PALMETTO COUNCIL NO. 549 OF THE BOY SCOUTS OF AMERICA.

ADJOURNMENT

At 12:15 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of James C. Todd, Jr., of Laurens, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 4087 . . . . . Thursday, April 7, 1994

Thursday, April 7, 1994

(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:

God of grace and glory, we thank You for the loveliness of Springtime. In the changing pageant of nature with forms and colors that thrill our senses, You make Yourself known. The beauty of the world around is but Your handwriting. Make us look beyond the sinking sands of self-seeking to glimpse Your doings. Save us from vanity and pettiness of mind which would exalt self to the highest pedestal. May we dedicate ourselves to things that matter most.

To You, Lord, we give our praise and thanksgiving.

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. SPEARMAN moved that when the House adjourns, it adjourn in memory of Brooks Connelly of Saluda County, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1764
Promulgated By The Department of Transportation
Outdoor Advertising and the Highway Advertising Control Act
Received By Speaker April 6, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 13, 1995


Printed Page 4088 . . . . . Thursday, April 7, 1994

H. 4984--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Concurrent Resolution were taken up for consideration.

H. 4984 -- Rep. Spearman: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON FRIDAY, JUNE 17, 1994.

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT LEAST TWENTY-FIVE YEARS SERVICE ESTABLISHING CREDIT FOR UP TO FIVE YEARS ADDITIONAL SERVICE; TO AMEND SECTIONS 9-11-50, AS AMENDED, 9-11-55, 9-11-210, AS AMENDED, AND 9-11-325, RELATING TO ESTABLISHING CREDIT


Printed Page 4089 . . . . . Thursday, April 7, 1994

FOR PRIOR SERVICE AND THE ACCOMPANYING CONTRIBUTION RATES FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE COST OF ESTABLISHING PREGNANCY LEAVE, FEDERAL CIVILIAN SERVICE, AND OTHER ESTABLISHABLE NEW POLICE SERVICE, FROM TEN TO TWELVE PERCENT OF EARNABLE COMPENSATION, INCREASE THE CONTRIBUTION RATE TO ESTABLISH PRIOR POLICE SERVICE FROM SIXTEEN TO TWENTY-ONE DOLLARS A MONTH FOR CLASS ONE SERVICE AND FROM FIVE TO SIX AND ONE-HALF PERCENT OF MONTHLY COMPENSATION, AND TO INCREASE THE COST OF ESTABLISHING OUT-OF-STATE SERVICE FROM TEN TO TWELVE PERCENT OF SALARY; AND TO REPEAL SECTION 9-11-65, RELATING TO AN OBSOLETE PURCHASE OF ADDITIONAL SERVICE CREDIT BY MEMBERS WITH AT LEAST TWENTY-FIVE YEARS SERVICE.

Ordered for consideration tomorrow.

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Rep. KIRSH, for the minority, submitted an unfavorable report, on:

S. 604 -- Senator Hayes: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.

Ordered for consideration tomorrow.


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