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 4149, Apr. 12 | Printed Page 4160, Apr. 12 |

Printed Page 4152 . . . . . Tuesday, April 12, 1994

H. 5059 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4207 SO AS TO AUTHORIZE MOBILE HOMES TO BE TRANSPORTED ON INTERSTATE HIGHWAYS AT A SPEED NOT TO EXCEED FIFTY-FIVE MILES PER HOUR.

Referred to Committee on Education and Public Works.

H. 5060 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-447 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO DISTRIBUTE, SELL, PURCHASE, MANUFACTURE, OR TO LAWFULLY POSSESS WITH INTENT TO DISTRIBUTE, A CONTROLLED SUBSTANCE WHILE IN, ON, OR WITHIN A


Printed Page 4153 . . . . . Tuesday, April 12, 1994

ONE-HALF MILE RADIUS OF A HOUSING PROJECT, HOUSING DEVELOPMENT, OR RESIDENTIAL HOUSING AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 5061 -- Rep. Carnell: A BILL TO AMEND SECTION 9-8-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR RETIREMENT BENEFITS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT A RETIREE UNDER THIS SYSTEM WHO SUBSEQUENTLY IS ELECTED TO THE GENERAL ASSEMBLY MUST BE A MEMBER OF THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY UNLESS THE MEMBER ELECTS NOT TO BE A MEMBER BY FILING A WRITTEN STATEMENT WITH THE STATE BUDGET AND CONTROL BOARD ELECTING NOT TO PARTICIPATE; AND TO AMEND SECTION 9-8-120, AS AMENDED, RELATING TO THE RETURN OF A RETIRED JUDGE OR SOLICITOR TO STATE SERVICE, SO AS TO ELIMINATE REFERENCES TO CONDITIONS UNDER WHICH A RETIRED JUDGE OR SOLICITOR MAY RETAIN RETIREMENT BENEFITS FOLLOWING ELECTION TO THE GENERAL ASSEMBLY.

Referred to Committee on Ways and Means.

H. 5062 -- Reps. Spearman, G. Brown, Sharpe, McCraw, J. Harris, Rhoad, Witherspoon, Wilkes, Phillips and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-635 SO AS TO PROVIDE FOR A ONE DOLLAR ANNUAL SURCHARGE ON ALL MOTOR VEHICLE REGISTRATION AND LICENSING FEES, AND TO PROVIDE THAT THE FUNDS RECEIVED FROM THIS SURCHARGE SHALL BE DISTRIBUTED TO THE SEVERAL COUNTIES AND CERTAIN OTHER ENTITIES OF THE STATE IN A SPECIFIED MANNER FOR EMERGENCY MEDICAL SERVICE (EMS) PURPOSES.

Referred to Committee on Ways and Means.

H. 5063 -- Reps. Jaskwhich, Wilkins and Fair: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR


Printed Page 4154 . . . . . Tuesday, April 12, 1994

IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.

Referred to Committee on Judiciary.

S. 506 -- Senators Rose and Leventis: A BILL TO REPEAL SECTION 22-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARREST FOR CRIMES COMMITTED IN MAGISTRATE'S PRESENCE.

Referred to Committee on Judiciary.

S. 1145 -- Senators Richter, Courtney and Waldrep: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.

Referred to Committee on Labor, Commerce and Industry.

S. 1310 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS & LAND SURVEYORS, RELATING TO REGISTRATION OF TAC/ABET FOUR-YEAR ENGINEERING TECHNOLOGY GRADUATES THUS ESTABLISHING A TWO-TIER CATEGORY REGISTRATION DESIGNATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1699, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 1312 -- Senator Land: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN


Printed Page 4155 . . . . . Tuesday, April 12, 1994

COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.

Referred to Committee on Judiciary.

S. 1315 -- Fish, Game & Forestry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-25-1325 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS ON LAKE WILLIAM C. BOWEN, DEFINE TERMS, PROVIDE PENALTIES FOR VIOLATIONS, AND PROVIDE EXCEPTIONS.

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

S. 1317 -- Senator Courtney: A BILL TO AMEND SECTION 33-8-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMS OF DIRECTORS OF CORPORATIONS AND ASSOCIATIONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO HOMEOWNERS ASSOCIATIONS; AND TO AMEND SECTION 33-8-106, RELATING TO STAGGERED TERMS FOR DIRECTORS OF CORPORATIONS AND ASSOCIATIONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO HOMEOWNERS ASSOCIATIONS.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 5064 -- Reps. Clyborne and Mattos: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF PINE KNOLL DRIVE AND HIGHWAY 29 IN GREENVILLE COUNTY AS THE "LEVIS GILSTRAP INTERSECTION" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

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


Printed Page 4156 . . . . . Tuesday, April 12, 1994

ROLL CALL

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

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Bailey, J.
Baker            Barber           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Carnell          Cato             Chamblee
Clyborne         Cobb-Hunter      Cooper
Cromer           Davenport        Delleney
Elliott          Fair             Farr
Felder           Fulmer           Gamble
Govan            Hallman          Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Haskins          Hines            Hodges
Holt             Houck            Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       Martin           Mattos
McAbee           McCraw           McKay
McMahand         McTeer           Meacham
Moody-Lawrence   Neilson          Phillips
Rhoad            Riser            Robinson
Rogers           Rudnick          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stone
Stuart           Sturkie          Thomas
Trotter          Tucker           Vaughn
Waites           Waldrop          Walker
Wells            White            Wilder, D.
Wilder, J.       Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.

Printed Page 4157 . . . . . Tuesday, April 12, 1994

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, April 12. Joseph H. Neal John L. Scott, Jr. Roland S. Corning Harry R. Askins Richard M. Quinn, Jr. Scott H. Richardson Ronald P. Townsend Joseph T. McElveen, Jr. Eugene C. Stoddard E.B. McLeod, Jr. Stephen E. Gonzales Ralph W. Canty Roger M. Young Lindsey O. Graham

Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. WHIPPER a leave of absence for the week due to illness in the family.

DOCTOR OF THE DAY

Announcement was made that Dr. Mitchell J. Wolin of Columbia, is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.

H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: 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.

S. 88--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. CORNING having the floor.

S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE


Printed Page 4158 . . . . . Tuesday, April 12, 1994

DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.

Rep. CORNING moved to adjourn debate upon the Bill until Wednesday, April 13, which was adopted.

H. 3958--DEBATE ADJOURNED

Rep. WAITES moved to adjourn debate upon the following Bill until Wednesday, April 13, which was adopted.

H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.

H. 4180--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young and Corning: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT


Printed Page 4159 . . . . . Tuesday, April 12, 1994

CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.

The Judiciary Committee proposed the following Amendment No. 1 (L:\COUNCIL\LEGIS\AMEND\GJK\20705SD.94), which was adopted.

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

/SECTION 1. Chapter 31, Title 33 of the 1976 Code is amended to read:

"CHAPTER 31
South Carolina Nonprofit
Corporation Act
Article 1
General Provisions

Section 33-31-101. Short title.

This chapter may be cited as the South Carolina Nonprofit Corporation Act of 1994. OFFICIAL COMMENT

The short title provides a common name for use in referring to the state's nonprofit corporation act.

The Introduction to the Model Act provides a general background and description of the Act, its basic approach, and significant additions and changes from the last revision of the Model Act. SOUTH CAROLINA REPORTERS' COMMENTS

This act is derived from the Revised Model Nonprofit Corporation Act adopted in 1987 by the Subcommittee on the Model Nonprofit Corporation Law of the Business Law Section of the American Bar Association. The Official Comments following each section were prepared by the Subcommittee on the Model Nonprofit Corporation Law of the Business Law Section of the American Bar Association. They are reproduced with


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