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 2580, Apr. 28 | Printed Page 2600, Apr. 26 |

Printed Page 2590 . . . . . Tuesday, April 25, 1995

(9) The ninth circuit is composed of the counties of Charleston and Berkeley.

(10) The tenth circuit is composed of the counties of Anderson and Oconee.

(11) The eleventh circuit is composed of the counties of Lexington, McCormick, Saluda, and Edgefield.

(12) The twelfth circuit is composed of the counties of Florence and Marion.

(13) The thirteenth circuit is composed of the counties of Greenville and Pickens.

(14) The fourteenth circuit is composed of the counties of Allendale, Hampton, Colleton, Jasper, and Beaufort.

(15) The fifteenth circuit is composed of the counties of Georgetown and Horry.

(16) The sixteenth circuit is composed of the counties of York and Union.

One judge must be elected from the first, second, sixth, twelfth, and sixteenth circuits. Two judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, and fourteenth, and fifteenth circuits. Three judges must be elected from the fifth, ninth, and thirteenth fifteenth circuits. Four judges must be elected from the fifth and thirteenth circuits. In the ninth circuit, at least one judge must be a resident of the lesser populated county. The provisions of this section, however, shall not preclude the reelection of any incumbent resident Circuit Court Judge if this would result in more resident Circuit Court Judges from a particular county in that circuit than is otherwise permitted by this section.

In addition to the above judges authorized by this section, there must be ten additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 10 respectively."

Amend the bill further, as and if amended, in Section 20-7-1410 of the 1976 Code, as contained in SECTION 6, by adding the following sentence at the end of the second paragraph which begins on line 17, page 5:

/In those judicial circuits made up of five counties, at least one Family Court Judge must be a resident of one of the three counties with the smallest populations in the circuit./

When amended Section 20-7-1410 shall read:

"Section 20-7-1410. The General Assembly shall elect a number of Family Court Judges from each judicial circuit as follows:


Printed Page 2591 . . . . . Tuesday, April 25, 1995

First Circuit       Two Judges 
Second Circuit      Two Judges 
Third Circuit       Three Judges 
Fourth Circuit      Three Judges 
Fifth Circuit       Four Five Judges 
Sixth Circuit       Two Judges 
Seventh Circuit     Three Judges 
Eighth Circuit      Three Judges 
Ninth Circuit       Four Judges 
Tenth Circuit       Three Judges 
Eleventh Circuit    Three Judges 
Twelfth Circuit     Three Judges 
Thirteenth Circuit  Four Judges 
Fourteenth Circuit  Three Four Judges 
Fifteenth Circuit   Two Three Judges 
Sixteenth Circuit   Two Judges  

In the following judicial circuits at least one Family Court Judge must be a resident of each county in the circuit: fifth, seventh, ninth, tenth, twelfth, thirteenth, fifteenth, and sixteenth. In those judicial circuits made up of three or more counties at least one Family Court Judge must be a resident of one of the counties which does not have the largest population in the circuit. In those judicial circuits made up of five counties, at least one Family Court Judge must be a resident of one of the three counties with the smallest populations in the circuit.

No county in the sixth circuit shall have more than one resident Family Court Judge."

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Reps. FLEMING, HUTSON and GOVAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21731SD.95).

Amend the bill, as and if amended, in Section 14-5-610 of the 1976 Code, as contained in SECTION 5, by striking the second paragraph which begins on line 23, page 4, and inserting:

/One judge must be elected from the first, second, sixth, and twelfth, and sixteenth circuits. Two judges must be elected from the first, third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth, and


Printed Page 2592 . . . . . Tuesday, April 25, 1995

sixteenth circuits. Three judges must be elected from the fifth, ninth, and thirteenth circuits. Four judges must be elected from the ninth circuit./

Renumber sections to conform.

Amend totals and title to conform.

Rep. GOVAN explained the amendment.

Rep. HARRISON spoke against the amendment.

Rep. FLEMING spoke in favor of the amendment.

Rep. HARRISON moved to table the amendment.

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

Yeas 43; Nays 61

Those who voted in the affirmative are:

Baxley           Byrd             Canty
Cato             Chamblee         Cotty
Cromer           Easterday        Harris, J.
Harris, P.       Harrison         Haskins
Herdklotz        Howard           Inabinett
Jaskwhich        Jennings         Kelley
Keyserling       Lloyd            Marchbanks
Martin           Neal             Quinn
Rhoad            Rice             Riser
Robinson         Rogers           Scott
Sharpe           Sheheen          Shissias
Smith, R.        Stuart           Thomas
Tripp            Trotter          Vaughn
Waldrop          Wilkins          Witherspoon
Worley

Total--43

Those who voted in the negative are:

Allison          Anderson         Askins
Bailey           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Brown, T.        Cain             Carnell
Cave             Dantzler         Delleney
Elliott          Fair             Fleming
Fulmer           Gamble           Govan


Printed Page 2593 . . . . . Tuesday, April 25, 1995

Hallman          Harrell          Harvin
Hodges           Hutson           Kennedy
Kirsh            Knotts           Koon
Lanford          Law              Limehouse
Littlejohn       McCraw           McMahand
McTeer           Meacham          Moody-Lawrence
Neilson          Phillips         Sandifer
Seithel          Simrill          Smith, D.
Spearman         Stille           Stoddard
Townsend         Walker           Wells
Whatley          Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Wofford          Wright           Young, A.
Young, J.

Total--61

So, the House refused to table the amendment.

Rep. HARRISON spoke against the amendment.

Reps. MARCHBANKS and TRIPP objected to the Bill.

Rep. SCOTT moved to adjourn debate upon the Bill, which was adopted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4133 -- Rep. Wilder: A CONCURRENT RESOLUTION CONGRATULATING AL ROEBUCK, VARSITY BASEBALL COACH AT CLINTON HIGH SCHOOL, ON BEING SELECTED "SOUTH CAROLINA HIGH SCHOOL BASEBALL COACH OF THE YEAR" IN 1994.

H. 4134 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING THE GROUNDBREAKING CEREMONIES OF SEKIDO TECHNOLOGIES, INC., IN ANDERSON COUNTY ON APRIL 26, 1995, AND EXPRESSING APPRECIATION FOR THE


Printed Page 2594 . . . . . Tuesday, April 25, 1995

COOPERATIVE EFFORT THAT MADE THIS INVESTMENT A REALITY.

H. 4141 -- Rep. Tucker: A CONCURRENT RESOLUTION COMMENDING BUD DURHAM, OLIN HOWARD, AND BOB PERRY FOR THEIR HEROIC EFFORTS IN APPREHENDING A PAIR OF PURSE SNATCHERS IN PENDLETON'S TOWN SQUARE AND EXPRESSING APPRECIATION ON BEHALF OF THE FEMALE TOURIST FROM STONE MOUNTAIN, GEORGIA.

H. 4149 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE MR. DILLARD PRUITT OF GREENVILLE FOR HIS MANY ACHIEVEMENTS IN THE GAME OF GOLF.

ADJOURNMENT

At 1:30 P.M. the House in accordance with the motion of Rep. STUART adjourned in memory of Reverend Enoch Finklea of Pelion, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2595 . . . . . Wednesday, April 26, 1995

Wednesday, April 26, 1995

(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:

Almighty God, Heavenly Father, as we turn again to waiting tasks, may the confidence of those who believe in us, the spur of conscience to do our best, and the commanding call to do Your will lead us on. Make our supreme satisfaction a good and clear conscience. Keep our service to our people motivated by Your gracious and all-wise will, stripped of all base motives or self-interest as we strive to fulfill Your high and holy purposes.

So may Your will be done in us and by us, both now and always. 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. KELLEY moved that when the House adjourns, it adjourn in memory of R.P. Benik, Sr. of Myrtle Beach, which was agreed to.

INVITATION

The following was taken up for immediate consideration and accepted.

April 15, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

As coordinator of the Columbia Prayer Committee and state coordinator for the National Day of Prayer I would like to request that the House Committee on Invitations include an invitation in its schedule of events.


Printed Page 2596 . . . . . Wednesday, April 26, 1995

The Columbia Prayer Committee will again be sponsoring the National Day of Prayer observance the first Thursday in May which is May 4 this year. We will again meet on the North Capitol steps from 12:00 to 1:00 P.M. This year Governor and Mrs. Beasley, Dr. Robertson McQuilkin, Chancellor of Columbia International University, Rep. Terry Haskins, and Sterling Sharpe, among others, will be joining us to pray for the needs of our great nation.

The Columbia event is part of the National Day of Prayer Committee for which Mrs. James Dobson serves as National Chairman. Columbia will join with thousands of other communities throughout both South Carolina and the nation for a time of intercession on our nation's behalf, asking for the Lord's mercy and forgiveness. The theme for 1995, "Seek His Face," is drawn from the Old Testament text, Jeremiah 29:12-13.

Since May 4 is also "Family Day" at the State House, we would like to invite all members of the General Assembly, their staff and their families to join with us for this important event.

Thank you for your consideration of this request. I look forward to hearing from you.

Sincerely,
Lee Adams
Executive Director
Frontline Ministries

REPORTS OF STANDING COMMITTEES

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3057 -- Reps. Tucker, Simrill, Wofford, D. Smith, Haskins, Vaughn, Harrison, Cooper, Limbaugh, Elliott, Richardson, Gamble, Stuart, Phillips, Knotts and Spearman: 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 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.

Ordered for consideration tomorrow.


Printed Page 2597 . . . . . Wednesday, April 26, 1995

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4000 -- Reps. Meacham, Limehouse, Mason, Bailey, Wofford, Kirsh, Cato, Cooper, Simrill, Lanford, Trotter, McCraw, Vaughn, Law, Boan, Dantzler, A. Young, Neilson, Elliott, H. Brown, Haskins and Martin: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS, AND PROVIDE THAT THESE THRESHOLDS MUST BE ADJUSTED PERIODICALLY BY REGULATION OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE BASED UPON CHANGES IN THE CONSUMER PRICE INDEX; AND TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4005 -- Reps. Richardson and Cato: A BILL TO AMEND SECTION 38-77-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND THE SOUTH CAROLINA REINSURANCE FACILITY AND THE FACILITY'S DUTIES GENERALLY, SO AS TO PROVIDE THAT FOR MULTI-VEHICLE INSURANCE POLICIES, ONE OR MORE VEHICLES MAY BE CEDED TO THE FACILITY AS LONG AS THE INSURER IDENTIFIES TO THE FACILITY AND THE INSURED PRECISELY WHICH VEHICLES ARE RETAINED AND WHICH ARE CEDED AND THE RATE LEVEL FOR EACH VEHICLE.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF


Printed Page 2598 . . . . . Wednesday, April 26, 1995

LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3337 -- Rep. Scott: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE" ACCIDENTS; AND TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT, APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, Rep. L. WHIPPER, for the minority, submitted an unfavorable report, on:

H. 3759 -- Reps. Fair, Herdklotz, Tripp, Mason, Cain, Waldrop, Kelley, Simrill, Limehouse and Meacham: A BILL TO ENACT THE


Printed Page 2599 . . . . . Wednesday, April 26, 1995

"SOUTH CAROLINA FAIR DEALING WITH GOVERNMENT CIVIL RIGHTS ACT OF 1995"; TO AMEND SECTION 13-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MIDLANDS AUTHORITY OF SOUTH CAROLINA AND THE AUTHORITY'S GOVERNING BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; TO AMEND SECTION 13-21-30, RELATING TO THE EDISTO DEVELOPMENT AUTHORITY AND THE RIGHTS AND POWERS OF ITS GOVERNING BOARD, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; TO AMEND SECTION 41-43-90, AS AMENDED, RELATING TO THE SOUTH CAROLINA JOBS ECONOMIC DEVELOPMENT AUTHORITY AND TO THE CORPORATE AND OTHER POWERS OF THE AUTHORITY, SO AS TO DELETE THE REQUIREMENT THAT THE AUTHORITY COMPLY WITH THE PROVISIONS OF LAW RELATING TO ASSISTANCE TO MINORITY BUSINESSES; AND TO REPEAL SECTION 12-27-1320, RELATING TO GOALS OR SET-ASIDES FOR BUSINESSES OWNED AND CONTROLLED BY SOCIALLY AND ECONOMICALLY DISADVANTAGED ETHNIC MINORITIES AND DISADVANTAGED FEMALES, AND ARTICLE 21 OF CHAPTER 35, TITLE 11, RELATING TO THE PROCUREMENT CODE AND ASSISTANCE TO MINORITY BUSINESSES.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3779 -- Reps. Elliott, Knotts, Littlejohn, Cato, Simrill, Cain, Mason, Govan, Stuart, Delleney, Neilson, Stille, Tucker, Jennings, Hines, R. Smith, T. Brown, Wright and Riser: A BILL TO AMEND SECTION 40-57-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE BROKERS AND SALES AGENTS, SO AS TO APPLY THE REQUIREMENTS TO REAL ESTATE PROPERTY MANAGERS, AND PROVIDE THAT, FOR PROPERTY MANAGERS, THE EIGHT HOURS MUST INCLUDE A MINIMUM OF TWO HOURS OF INSTRUCTION ON FEDERAL AND STATE LAWS AFFECTING


Printed Page 2600 . . . . . Wednesday, April 26, 1995

PROPERTY MANAGERS AND THAT THE REMAINING HOURS MUST INCLUDE PROPERTY MANAGEMENT RELATED COURSES.

Ordered for consideration tomorrow.


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