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 2520, Apr. 20 | Printed Page 2540, Apr. 20 |

Printed Page 2530 . . . . . Thursday, April 20, 1995

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5735HTC.95), which was adopted.

Amend the bill, as and if amended, by striking Section 8-11-610, as contained in SECTION 1, and inserting:

/Section 8-11-610. (A) Any A permanent full-time state employee is entitled to annual leave with pay, which is computed as follows:

For the first ten years of state service, he shall earn the employee earns one and one-fourth working days' leave for each month of full-time employment a year. After ten years he shall earn the employee earns a bonus of one and one-fourth working days' annual leave for each year of continuous service; however, the combined regular and bonus earnings shall may not exceed thirty days in any one year. No An employee is not required to use all of his annual leave in any one year. Any and unused annual leave may be accumulated, not to exceed forty-five days. Any An employee of a department which allowed an accumulation in excess of forty-five days, who, as of June 2, 1972, had accumulated annual leave in excess of forty-five days may carry over and retain the excess leave which is the maximum amount the employee may carry over into future years. If the employee subsequently reduces the amount of the leave carried over, the reduced amount, if in excess of forty-five days, is the employee's maximum carry-over into future years. If the employee further reduces the amount of the leave carried over to forty-five days or less, forty-five days is the maximum amount of unused annual leave the employee may accumulate. It is at the discretion of the department heads to determine the maximum number of consecutive days any an employee may have in any one period of leave. Annual leave taken in excess of thirty days in a calendar year is subject to department head approval. The total number of days of annual leave used in any one calendar year may not exceed thirty days.

(B) Provided, further, that Instructional personnel at the South Carolina School for the Deaf and Blind whose positions are unclassified shall be are entitled to receive annual leave in the same manner as state employees and to utilize annual leave only as specified in the annual contract. The annual contract shall enable such these instructional personnel to utilize up to but no more than nine days annual leave per a year over and above scheduled vacations, but no more than one day per a month of annual leave without the supervisor's permission except in cases of illness or maternity leave when all available sick leave has been taken. Such These employees shall be are entitled to accumulate up to the maximum accumulation allowed state employees. These provisions shall This subsection does not obligate


Printed Page 2531 . . . . . Thursday, April 20, 1995

the school to provide monetary compensation for unutilized days accumulated beyond the maximum allowed state employees./

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

H. 3343--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 3343 be read the third time tomorrow.

H. 3364--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3364 -- Reps. Tucker, P. Harris, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5736HTC.95), which was adopted.

Amend the bill, as and if amended, SECTION 1, page 3, by striking Section 25- 21-40 and inserting:

/Section 25-21-40. Until the assets of the Veterans' Trust Fund exceed one million dollars, not more than fifty percent of the amount deposited in the fund each year from contributions plus all earnings from the investment of monies of the fund credited during the previous fiscal year, after allowances for operating expenses, is available for disbursement upon authorization of the board of trustees.


Printed Page 2532 . . . . . Thursday, April 20, 1995

When assets in the trust fund exceed one million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon the authorization of the board of trustees./

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

H. 3364--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TUCKER, with unanimous consent, it was ordered that H. 3364 be read the third time tomorrow.

H. 3423--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY TO ESTABLISH LESS THAN THE TOTAL OF THE NONMEMBER SERVICE.

Reps. SHISSIAS, H. BROWN and P. HARRIS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5766HTC.95).

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

/SECTION ___. In the case of a deceased member of the South Carolina Retirement System who

(1) retired after December 31, 1991, with more than twenty-five years service credit;

(2) was at least age sixty-five on the retirement date;

(3) elected to receive maximum benefits; and

(4) died less than six months after the effective date of retirement, the surviving spouse of the deceased member may revoke the payment election


Printed Page 2533 . . . . . Thursday, April 20, 1995

made by the deceased spouse and, upon repayment to the system of all contributions made by the deceased member plus interest, elect a method of payment under Option 2. This revocation request must be made in writing to the South Carolina Retirement System and any such request may be made only in the first thirty days following the effective date of this act./

Renumber sections to conform.

Amend title to conform.

Rep. SHISSIAS explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. SHISSIAS having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. LANFORD moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3786 -- Reps. Keyserling and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-785 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION SHALL SUBMIT TO THE GENERAL ASSEMBLY AND THE GOVERNOR A COPY OF THE STATE'S INTERMODAL TRANSPORTATION EFFICIENCY PLAN PREPARED PURSUANT TO THE FEDERAL INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT OF 1991, TO REQUIRE A RAILROAD OWNER TO NOTIFY THE DEPARTMENT OF TRANSPORTATION OF HIS INTENT TO ABANDON A RIGHT-OF-WAY, TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO PROVIDE PROPOSED RIGHT-OF-WAY ABANDONMENT OR DISCONTINUANCE INFORMATION TO INTERESTED PARTIES AND TO THE PUBLIC, AND TO REQUIRE RAILROADS TO SUBMIT TO THE DEPARTMENT OF TRANSPORTATION ANNUALLY A LONG-RANGE PLAN FOR RAIL LINES IN THE STATE.

Ordered for consideration tomorrow.


Printed Page 2534 . . . . . Thursday, April 20, 1995

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.

Ordered for consideration tomorrow.


Printed Page 2535 . . . . . Thursday, April 20, 1995

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4140 -- Reps. Hodges, Inabinett, Cobb-Hunter, Neal, Scott, Spearman, Delleney, McTeer, Boan, Worley, Rogers, Askins and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-86 SO AS TO PROVIDE THAT THE PRIMARY BENEFICIARIES OF CORRECTIONS OFFICERS OF THE DEPARTMENT OF CORRECTIONS AND LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT OF PUBLIC SAFETY AND THE STATE LAW ENFORCEMENT DIVISION KILLED IN THE LINE OF DUTY SHALL RECEIVE AS A DEATH BENEFIT UNDER THE STATE DEATH BENEFIT SALARY CONTINUATION PLAN TWICE THE ANNUAL SALARY OF THE OFFICERS, AND TO PROVIDE PROCEDURES TO IMPLEMENT THIS PROVISION INCLUDING A REQUIREMENT THAT EMPLOYERS PAY THE NECESSARY PREMIUMS OR FEES TO SECURE THIS COVERAGE.

Referred to Committee on Ways and Means.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 20, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Passailaigue, McConnell and Washington of the Committee of Free Conference on the part of the Senate on S. 662:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
President

Received as information.


Printed Page 2536 . . . . . Thursday, April 20, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 20, 1995
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 S. 662:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
President

H. 3423--AMENDED AND DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. SHISSIAS having the floor.

H. 3423 -- Rep. P. Harris: A BILL TO AMEND SECTIONS 9-1-440 AND 9-11-50, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MEMBERS ESTABLISHING SERVICE CREDIT FOR NONMEMBER SERVICE TO ELECT IRREVOCABLY TO ESTABLISH LESS THAN THE TOTAL OF THE NONMEMBER SERVICE.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, by Reps. SHISSIAS, H. BROWN and P. HARRIS.

Rep. SHISSIAS continued speaking.

Rep. LANFORD spoke in favor of the amendment.

Rep. SHISSIAS spoke against the amendment.

POINT OF ORDER

Rep. LANFORD raised the Point of Order that Amendment No. 1 was out of order under Rule 5.4 which states that no Bill or amendment providing an appropriation to pay a private claim against this State or a department thereof shall be introduced or considered.


Printed Page 2537 . . . . . Thursday, April 20, 1995

Rep. HUFF stated that even though the impact maybe to affect one individual that it did not necessarily constitute a private claim. He further stated that the language applied to anyone that met within the exception.

Rep. SHISSIAS stated that it was a state claim and not a private one.

The SPEAKER stated that as the amendment was written it could apply to a number of people in that category and he overruled the Point of Order.

The amendment was then adopted by a division vote of 40 to 5.

Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5826HTC.95), which was adopted.

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

/SECTION ___. A member of the South Carolina Retirement System who retired on grounds of disability during fiscal year 1994-95 who was eligible to establish credit for military service and failed to do so in a timely manner may nevertheless establish such service upon written application therefor to the South Carolina Retirement System and payment of the amount specified by law. The application and payment must be made within ninety days after the effective date of this act. Upon receipt of the appropriate payment, the benefits due the retiree must be recalculated to reflect the additional service credit./

Renumber sections to conform.

Amend title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

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

S. 662--FREE CONFERENCE POWERS GRANTED

Rep. FULMER moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE


Printed Page 2538 . . . . . Thursday, April 20, 1995

MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.

The yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Anderson         Askins           Bailey
Baxley           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Byrd             Cain             Cato
Cave             Chamblee         Clyburn
Cooper           Cotty            Cromer
Dantzler         Davenport        Delleney
Easterday        Elliott          Fair
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harrison         Harvin
Haskins          Herdklotz        Hines
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Keyserling       Kinon
Kirsh            Knotts           Koon
Lanford          Law              Limehouse
Lloyd            Marchbanks       Martin
Mason            McCraw           McElveen
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Rogers
Sandifer         Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stoddard         Stuart
Thomas           Townsend         Trotter
Tucker           Waldrop          Walker
Wells            Whatley          Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Wilkins          Williams


Printed Page 2539 . . . . . Thursday, April 20, 1995

Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--105

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. FULMER, A. YOUNG and LAW to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

S. 662---FREE CONFERENCE REPORT ADOPTED

FREE CONFERENCE REPORT

The General Assembly, Columbia, S.C., April 20, 1995

The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

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

/SECTION 1. Section 31-12-40(D) of the 1976 Code is amended to read:

"(D) If the federal property subject to disposal is contained wholly or partially within a county, all or a portion of which lies in an MSA which extends over more than one South Carolina county, the authority must include:


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