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 7410, May 26 | Printed Page 7430, May 26 |

Printed Page 7420 . . . . . Thursday, May 26, 1994

Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20975SD.94), which was adopted.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION . Section 23-31-120 of the 1976 Code is amended to read:

"Section 23-31-120. (a) (A) The State Law Enforcement Division may issue permits to a qualified persons person when the nature of their his business or employment requires that they are he is regularly exposed regularly to dangerous circumstances what are as determined by the division to be dangerous circumstances. Any A permit issued pursuant to item (12) of Section 16-23-20(12) shall must specify the conditions under which possession of the weapon is authorized.

(b) (B) The division shall conduct an investigation of the applicant as it considers necessary to determine his qualifications to obtain a permit. All applicants shall An applicant successfully must demonstrate to the chief of the division or his designee their his proficiency in both the use of pistols and the state laws pertaining thereto to pistols or complete a training course conducted by the division to insure ensure that the applicant is competent in the use, safety techniques, and legal responsibilities related to the carrying and use of weapons prior to before the issuance of a permit. The applicant shall must submit to the division, on a form provided by it, a complete set of fingerprints. If the applicant is found at that time not to be qualified for a permit and requests training, a fee of fifty dollars must be charged by the division for the training and must be paid to the division to be used to defray the cost of training. Any A person determined by the chief of the division to have had who has sufficient training from other sources as determined by the chief of the division or, upon examination by the chief of the division or his designee, to be is proficient in both the use of pistols and the state laws relating thereto to them, is not required to complete the training course. Fees and renewals for permits are thirty dollars payable to the division to defray the cost of issuing the permits and renewals. The permits are valid for two years. The chief of the division shall establish procedures for application for permits, the testing of applicants, and the issuance of permits and shall promulgate regulations therefor for them.


Printed Page 7421 . . . . . Thursday, May 26, 1994

(c) All persons issued permits by the State Law Enforcement Division pursuant to subsection (a) of this section shall obtain and file with the Secretary of State, as a prerequisite to issuance of such permit, a bond in the amount of two thousand dollars for the purpose of guaranteeing payment up to such amount of any judgment obtained against such person arising out of the negligent or unlawful use of any pistol possessed and used by such person, whether such cause of action arises out of such person's official duties or otherwise. Such bond shall be issued by a commercial bonding company licensed by the State and it shall be issued for a period of time coterminous with the life of the permit. In the event any permit is cancelled, suspended or revoked by the division, such bond shall not be effective as to covered acts committed during such times as the permit is not in effect. Any person whose application has been denied may appeal such denial to the circuit court for the county of his residence and shall be heard as on certiorari."

SECTION . Section 23-1-70 of the 1976 Code is repealed./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

S. 492--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 492 be read the third time tomorrow.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Stilwell and Washington of the Committee of Free Conference on the part of the Senate on H. 4070 and has granted Free Conference Powers:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND


Printed Page 7422 . . . . . Thursday, May 26, 1994

CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 26, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4070:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
Very respectfully,
President

H. 4070--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

S. 1328--RECONSIDERED AND

ORDERED TO THIRD READING

Rep. DAVENPORT moved to reconsider the vote whereby debate was adjourned on the following Joint Resolution, which was agreed to.

S. 1328 -- Senators Short, Jackson and Gregory: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS.


Printed Page 7423 . . . . . Thursday, May 26, 1994

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20893SD.94), which was tabled.

Amend the Resolution, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. There is hereby created a committee to study the consumer finance laws in this State as they relate to sales finance contracts. The committee shall consist of three members of the House of Representatives, to be appointed by the Speaker; three members of the Senate, to be appointed by the President Pro Tempore; the State Consumer Advocate, or his designee; and the Director of the Consumer Finance Division of the State Board of Financial Institutions, or his designee. In addition, there shall be six nonvoting members of the committee. Three shall represent consumer interests, one each to be designated by chief executive officers of the South Carolina Legal Services Association, South Carolina Fair Share, and the South Carolina Conference of Branches of the National Association for the Advancement of Colored People, and three shall represent industry interests, one each to be designated by the presidents of the South Carolina Associations representing supervised lenders, restricted lenders, and used car dealers before the South Carolina General Assembly. The committee shall utilize the existing staff of the Senate Banking and Insurance Committee or the Senate Judiciary Committee, or both.

The committee shall make the following findings relative to consumer lending and sales finance contracts: (1) whether an appropriate maximum finance charge, if any, shall be set; (2) to what extent other charges shall continue to be authorized; (3) to what extent refinancing and consolidation shall continue to be authorized; (4) to what extent credit insurance shall continue to be authorized; and (5) such other findings that the committee, in the course of its deliberations, shall consider necessary.

The committee shall make a report, with recommendations, to the General Assembly by January 24, 1995, at which time the committee shall be dissolved./

Renumber sections to conform.

Amend totals and title to conform.

Rep. T.C. ALEXANDER moved to table the amendment, which was agreed to.

Rep. T.C. ALEXANDER explained the Joint Resolution.

The Joint Resolution was read the second time and ordered to third reading.


Printed Page 7424 . . . . . Thursday, May 26, 1994

S. 1328--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WHIPPER, with unanimous consent, it was ordered that S. 1328 be read the third time tomorrow.

MOTION REJECTED

Rep. WILKES moved that the House recur to the Morning Hour.

Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:

Yeas 34; Nays 51

Those who voted in the affirmative are:

Anderson         Bailey, J.       Barber
Beatty           Cato             Davenport
Farr             Harrell          Harris, J.
Hines            Hodges           Huff
Hutson           Keegan           Keyserling
Martin           Neal             Neilson
Phillips         Robinson         Rogers
Rudnick          Sharpe           Smith, R.
Stone            Vaughn           Waites
Waldrop          Walker           Wilder, D.
Wilkes           Witherspoon      Worley
Young, A.

Total--34

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Baker            Baxley
Brown, H.        Carnell          Chamblee
Cromer           Delleney         Fair
Felder           Fulmer           Gamble
Graham           Hallman          Harrelson
Harrison         Harvin           Haskins
Holt             Jennings         Kinon
Kirsh            Klauber          Koon
Lanford          Law              McAbee
McCraw           McTeer           Meacham
Quinn            Rhoad            Richardson
Riser            Sheheen          Shissias

Printed Page 7425 . . . . . Thursday, May 26, 1994

Simrill          Smith, D.        Spearman
Stille           Stoddard         Stuart
Sturkie          Tucker           Wells
White            Wilder, J.       Wright

Total--51

So, the House refused to recur to the Morning Hour.

Rep. WITHERSPOON moved that the House do now adjourn.

Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:

Yeas 20; Nays 65

Those who voted in the affirmative are:

Anderson         Bailey, J.       Boan
Byrd             Carnell          Chamblee
Harris, J.       Hines            Hodges
Martin           McAbee           McLeod
Neal             Rogers           Stille
Thomas           Townsend         Wilder, J.
Witherspoon      Worley

Total--20

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Baker            Barber
Baxley           Beatty           Brown, H.
Canty            Cato             Cromer
Davenport        Delleney         Fair
Farr             Felder           Fulmer
Gonzales         Hallman          Harrell
Harrelson        Harvin           Haskins
Huff             Hutson           Jennings
Keegan           Kelley           Keyserling
Kinon            Kirsh            Klauber
Koon             Lanford          Law
McCraw           McTeer           Meacham
Neilson          Phillips         Quinn

Printed Page 7426 . . . . . Thursday, May 26, 1994

Richardson       Robinson         Rudnick
Sharpe           Sheheen          Simrill
Smith, D.        Smith, R.        Spearman
Stoddard         Stuart           Sturkie
Trotter          Tucker           Vaughn
Waites           Waldrop          Walker
Wells            Wilder, D.       Wilkes
Wofford          Wright

Total--65

So, the House refused to adjourn.

H. 4361--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to the following Bill.

H. 4361 -- Reps. Stuart, Snow, Vaughn, Quinn, Allison, Waites, Marchbanks and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES AFTER JULY 1, 1994, WHO PREVIOUSLY HAS NOT BEEN ELECTED TO SUCH OFFICE SHALL BE A HIGH SCHOOL GRADUATE OR HOLD A GENERAL EDUCATIONAL DEVELOPMENT TESTS DEGREE (GED), AND TO REQUIRE THESE PERSONS TO ALSO SUCCESSFULLY COMPLETE CERTAIN TRAINING WITHIN ONE YEAR OF TAKING OFFICE.

H. 4709--OBJECTION WITHDRAWN

Rep. TROTTER withdrew his objection to the following Bill.

H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.


Printed Page 7427 . . . . . Thursday, May 26, 1994

H. 4497--CONTINUED

Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Amendment No. 3, Rep. J. BAILEY having the floor.

H. 4497 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AUTOMOBILE INSURANCE", SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE THAT AN AUTOMOBILE INSURANCE POLICY INCLUDES A MOTOR VEHICLE LIABILITY POLICY DEFINED IN SECTION 56-9-20 AND ANY NAMED NONOWNER AUTOMOBILE INSURANCE POLICY.

Rep. FELDER moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:

Yeas 66; Nays 25

Those who voted in the affirmative are:

Alexander, M.O.  Anderson         Askins
Baxley           Beatty           Boan
Byrd             Carnell          Chamblee
Davenport        Delleney         Farr
Felder           Fulmer           Gamble
Gonzales         Govan            Harrelson
Harris, J.       Harvin           Hines
Hodges           Holt             Huff
Jennings         Keegan           Kelley
Keyserling       Kirsh            Klauber
Koon             Lanford          Mattos
McAbee           McCraw           McLeod
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Quinn            Rhoad
Richardson       Rudnick          Scott
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stoddard         Thomas           Trotter
Tucker           Waldrop          Walker

Printed Page 7428 . . . . . Thursday, May 26, 1994

White            Wilder, D.       Wilder, J.
Wilkes           Witherspoon      Young, A.

Total--66

Those who voted in the negative are:

Alexander, T.C.  Bailey, J.       Baker
Barber           Brown, H.        Cato
Clyborne         Cooper           Corning
Fair             Hallman          Harrell
Harrison         Hutson           Law
Riser            Robinson         Rogers
Stuart           Sturkie          Vaughn
Waites           Wells            Wofford
Wright

Total--25

So, the Bill was continued.

RECORD FOR VOTING

I was temporarily out of the Chamber when the vote was taken to continue H. 4497. Had I been present, I would have voted to continue.

Rep. MARION H. KINON

Rep. JOHN J. SNOW, JR.

Rep. SCOTT moved that the House do now adjourn.

POINT OF ORDER

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

S. 88--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

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


Printed Page 7429 . . . . . Thursday, May 26, 1994

ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE 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.

The Senate amendments were agreed to, and the Bill 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.

RECURRENCE TO THE MORNING HOUR

Rep. HUFF moved that the House recur to the Morning Hour, which was agreed to.

ORDERED TO THIRD READING

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

S. 1046 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 3-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAND FOR GEORGETOWN JETTIES AND SPECIFIC GRANTS OR CESSIONS OF LAND JURISDICTION TO THE UNITED STATES, SO AS TO PROVIDE FOR THE FILING OF CERTAIN PLATS WITH THE REGISTER OF MESNE CONVEYANCES FOR GEORGETOWN COUNTY, RATHER THAN IN THE OFFICE OF THE SECRETARY OF STATE.

S. 1325 -- Senators Moore, Short and Jackson: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH


Printed Page 7430 . . . . . Thursday, May 26, 1994

FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.


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