Journal of the House of Representatives
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 2160, Apr. 4 | Printed Page 2180, Apr. 5 |

Printed Page 2171 . . . . . Tuesday, April 4, 1995

Rep. FELDER spoke upon the Bill and moved to adjourn debate upon the Bill until Tuesday, April 25, which was adopted.

H. 3567--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT


Printed Page 2172 . . . . . Tuesday, April 4, 1995

OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5703HTC.95), which was adopted.

Amend the bill, as and if amended, by striking Section 61-1-95, as contained in SECTION 1, beginning on page 1, and inserting:

/Section 61-1-95. A person shall promptly shall surrender a license or permit issued under the provisions of this title upon request of the department. All licenses and permits are the property of the department and are not transferable. All licenses and permits must be immediately surrendered immediately to the department upon the termination of a business, or upon a change of ownership, possession, or control of a corporation or business entity, or upon a change in the character of the property, facilities, or nature of the business activity for which a license or permit has been obtained. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.

All licenses and permits must be issued for a designated location and may not be transferred to any other location. A separate license or permit is required for each separate location of a business.

When a license or permit is suspended or revoked, no partner or person with a financial interest of any kind in the business or premises, nor a person within the third degree of kinship to the person to whom a license or permit has been issued, may be issued a license or permit for the premises concerned. No person within the second degree of kinship to a person whose license or permit is suspended or revoked may be issued a license or permit for the premises concerned for a period of one year after the date of suspension or revocation.

A person whose license or permit has been suspended or revoked for a particular premises is not eligible for a license or permit at any other location during the period the suspension or revocation is in effect, and the department may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity./

Amend title to conform.


Printed Page 2173 . . . . . Tuesday, April 4, 1995

Rep. GAMBLE explained the amendment.

The amendment was then adopted.

Reps. SIMRILL and KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BR1\18347AC.95), which was tabled.

Amend the bill, as and if amended, Section 61-1-95, page 3567-2, line 2, by deleting /second/ and inserting /third/.

Renumber sections to conform.

Amend title to conform.

Rep. SIMRILL explained the amendment.

Rep. CATO moved to table the amendment, which was agreed to by a division vote of 33 to 27.

Reps. SIMRILL, HASKINS, KIRSH, LITTLEJOHN and McMAHAND objected to the Bill.

H. 3608--DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, April 5, which was adopted.

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

H. 3741--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3741 -- Rep. Tripp: A BILL TO AMEND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MECHANICS' LIENS, THE LIEN OF A LABORER, MECHANIC, SUBCONTRACTOR, OR MATERIALMAN, LIMITS ON AGGREGATE AMOUNT OF LIENS FILED BY A SUB-SUBCONTRACTOR OR SUPPLIER, AND SETTLEMENT OF AN ACTION TO ENFORCE A LIEN, SO AS TO DELETE REFERENCE TO "NOTICE OF INTENT TO LIEN" AND SUBSTITUTE THEREFOR "NOTICE OF FURNISHING LABOR OR MATERIALS"; TO PROVIDE


Printed Page 2174 . . . . . Tuesday, April 4, 1995

THAT "NOTICE OF INTENT TO LIEN" IS REPLACED BY "NOTICE OF FURNISHING LABOR OR MATERIALS" AND AUTHORIZE AND DIRECT THE CODE COMMISSIONER TO MAKE THIS CHANGE WHEREVER NECESSARY IN THE STATUTORY LAWS OF THIS STATE; AND TO AMEND SECTION 29-5-23, RELATING TO MECHANICS' LIENS, NOTICE OF PROJECT COMMENCEMENT, AND LOCATION NOTICE, SO AS TO PROVIDE THAT THE ENTIRE NOTICE OF PROJECT COMMENCEMENT MUST BE POSTED AT THE JOB SITE AND THAT THE FAILURE TO POST A NOTICE OF PROJECT COMMENCEMENT AT THE JOB SITE SHALL RENDER CERTAIN PROVISIONS INAPPLICABLE.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10050JM.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. A. YOUNG explained the amendment.

The amendment was then adopted.

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

H. 3486--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain, Simrill and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL


Printed Page 2175 . . . . . Tuesday, April 4, 1995

PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21568SD.95), which was adopted.

Amend the bill, as and if amended, in Section 34-11-60(d) of the 1976 Code, as contained in SECTION 1, by inserting after /account/ on line 35, page 1, /which is not a consumer credit transaction as defined in Section 37-1- 301(11)/.

When amended subsection (d) shall read:

"(d) The word `credit' as used in this section means securing further advances of money, goods, or services by means of a check, draft, or other written order, given in whole or in part payment of a then existing account. Payment for meals, lodging, or other goods or services at any hotel, motel, or other hostelry by means of a check, draft, or other written order at any time prior to or upon departure or checkout from such the hostelry must be construed as obtaining those goods or services by means of such check, draft, or other written order for the purposes of this section. This section does not apply to any check given only in full or partial payment of a preexisting debt unless given to satisfy a preexisting debt which resulted from a revolving credit account which is not a consumer credit transaction as defined in Section 37-1-301(11), to the giving of any check, draft, or other written order where the payee knows, has been expressly notified, or has reason to believe that the drawer did not have an account or have on deposit with the drawee sufficient funds to insure ensure payment of the check, nor to any check which has not been deposited to an account of the payee within a period of ten days from the date the check was presented to the payee. It is also unlawful for any person to induce, solicit, or to aid and abet any other person to draw, make, utter, issue, or deliver to any person including himself any check, draft, or other written order on any bank or depository for the payment of money or its equivalent, being informed, knowing, or having reasonable cause for believing at the time of the inducing, soliciting, or the aiding and abetting that the maker or the drawer of the check, draft, or other written order has not sufficient funds on deposit in, or an account with, the bank or depository with which to pay the same upon presentation."
Renumber sections to conform.

Amend totals and title to conform.


Printed Page 2176 . . . . . Tuesday, April 4, 1995

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

Rep. LITTLEJOHN moved to adjourn debate upon the Bill until Wednesday, April 5, which was adopted.

H. 3515--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 30, by the Committee on Judiciary.

Rep. JENNINGS explained the amendment.

The amendment was then adopted.

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

RULE 6.1 WAIVED

Rep. H. BROWN moved to waive Rule 6.1, which was agreed to.

H. 3558--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT


Printed Page 2177 . . . . . Tuesday, April 4, 1995

FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.

Rep. HARRISON explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. HARRISON having the floor.

H. 3361--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

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

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

Reps. H. BROWN and WILKINS proposed the following Amendment No. 2A (Doc Name L:\council\legis\amend\PT\1873HTC.95), which was adopted.

Amend the joint resolution, as and if amended, SECTION 1, Item (2), Page 1, Line 27, by striking /4,275,000/ and inserting /5,000,000/.

Amend further, SECTION 1, Page 2, by striking Lines 1 through 9 and inserting:

/(8) John de la Howe

Sewer Repairs. . . . .425,000

(9) Higher Education Formula. . . . .2,756,993/

Amend further, Page 2, by striking SECTIONS 3 and 4 in their entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.


Printed Page 2178 . . . . . Tuesday, April 4, 1995

Rep. H. BROWN proposed the following Amendment No. 4A (Doc Name L:\s-res\legis\amend\3361R010.WHB), which was adopted.

Amend the joint resolution, as and if amended, by adding an appropriately numbered new SECTION to read:

/SECTION . The Clerk of the House, the Clerk of the Senate, and the Director of the Division of Operations of the Budget and Control Board or their respective designees shall act as agents of the State House Committee and shall be responsible for the administration and implementation of the State House renovation project. Any changes or modifications to the project which would constitute a substantive modification of the overall project, as approved by the State House Committee, must be considered and approved by the State House Committee. Notwithstanding any other provision of law, regulation, code, or ordinance in effect or effective subsequent to the approval of this resolution (except H. 3816 if such legislation is adopted by the General Assembly or legislation substantially similar in content to H. 3816), these individuals shall have the authority to:

(1) approve the expenditure of funds appropriated pursuant to Section 1(1) of this resolution or any other funds appropriated for, or available for, the above referenced projects;

(2) manage and make all necessary decisions that may arise with regard to every aspect of the project including, but not limited to, the hiring and supervision of consultants or other personnel responsible for all aspects of the project.

The respective clerks shall have responsibility for any and all decisions relating to the renovations and upfitting in any areas of the State House currently being utilized by their respective bodies, which do not constitute substantive modifications to the overall project./

Renumber sections to conform.

Amend totals and title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.

Rep. H. BROWN moved that the House do now adjourn, which was adopted.


Printed Page 2179 . . . . . Tuesday, April 4, 1995

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3908 -- Reps. Harvin and Thomas: A CONCURRENT RESOLUTION SALUTING WINYAH DISPENSARY, INC., ON THE OCCASION OF ITS TWENTY-NINTH ANNIVERSARY AND COMMENDING THE COMPANY'S FOUNDER, DR. CHARLES F. COOPER, FOR HIS BUSINESS SUCCESS AND CONTRIBUTIONS TO A STRONG SOUTH CAROLINA ECONOMY.

H. 3912 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION EXTENDING BEST WISHES AND CONGRATULATIONS TO MS. REBECCA THOMPSON BENJAMIN UPON HER 70TH BIRTHDAY.

ADJOURNMENT

At 1:00 P.M. the House in accordance with the motion of Rep. MASON adjourned in memory of John McClanathan of Aiken, to meet at 10:00 A.M. tomorrow.

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