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 2810, Apr. 27 | Printed Page 2830, Apr. 27 |

Printed Page 2820 . . . . . Thursday, April 27, 1995

POINT OF ORDER

Rep. EASTERDAY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3874--POINT OF ORDER

The following Bill was taken up.

H. 3874 -- Reps. Cobb-Hunter and Shissias: A BILL TO AMEND SECTION 44-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION ENTERING INTO CONTRACTS WITH OTHER AGENCIES, SO AS TO EXPAND WITH WHOM THE COMMISSION MAY CONTRACT FOR ELIGIBILITY DETERMINATIONS.

POINT OF ORDER

Rep. CROMER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 546--POINT OF ORDER

The following Bill was taken up.

S. 546 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.


Printed Page 2821 . . . . . Thursday, April 27, 1995

POINT OF ORDER

Rep. SANDIFER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3710--POINT OF ORDER

The following Bill was taken up.

H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".

POINT OF ORDER

Rep. SANDIFER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 357--POINT OF ORDER

The following Bill was taken up.

S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS.

POINT OF ORDER

Rep. CROMER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.


Printed Page 2822 . . . . . Thursday, April 27, 1995

H. 4157--POINT OF ORDER

The following Joint Resolution was taken up.

H. 4157 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE APPRAISERS BOARD, RELATING TO LICENSING, CERTIFICATION, FEES, AND CONTINUING EDUCATION OF REAL ESTATE APPRAISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1766, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. CATO made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4158--POINT OF ORDER

The following Bill was taken up.

H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE


Printed Page 2823 . . . . . Thursday, April 27, 1995

EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.

POINT OF ORDER

Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4159--POINT OF ORDER

The following Bill was taken up.

H. 4159 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-3495 SO AS TO LIMIT THE DISTRIBUTION OF PROFITS DERIVED FROM THE GAME OF BINGO.

POINT OF ORDER

Rep. CROMER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4167--RULE 5.12 WAIVED

Rep. FLEMING moved to waive Rule 5.12 on the following Bill, which was agreed to by a division vote of 70 to 0.

H. 4167 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS HIGHER EDUCATION COMMISSION, SO AS TO INCREASE IT FROM SEVEN TO NINE MEMBERS, AND REQUIRE THE TWO ADDITIONAL MEMBERS RESIDE IN UNION COUNTY.

H. 4167--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4167 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS HIGHER EDUCATION COMMISSION, SO AS TO INCREASE IT FROM SEVEN


Printed Page 2824 . . . . . Thursday, April 27, 1995

TO NINE MEMBERS, AND REQUIRE THE TWO ADDITIONAL MEMBERS RESIDE IN UNION COUNTY.

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

H. 4167--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 4167 be read the third time tomorrow.

S. 767--POINT OF ORDER

The following Bill was taken up.

S. 767 -- Senators Matthews and Williams: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY BETWEEN THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.

POINT OF ORDER

Rep. CROMER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3416--POINT OF ORDER

The following Bill was taken up.

H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

POINT OF ORDER

Rep. CROMER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.


Printed Page 2825 . . . . . Thursday, April 27, 1995

H. 3123-- OBJECTIONS WITHDRAWN

AMENDED AND ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. SCOTT, WILLIAMS, BREELAND and ANDERSON, the following Bill was taken up.

H. 3123 -- Reps. R. Smith and Kelley: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND LICENSE PLATES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES AND PROVISIONS REGARDING THE REINSTATEMENT FEE, THE PER DIEM FINE, AND OTHER MONETARY PENALTIES; AND TO REPEAL SECTIONS 38-77-175 AND 56-7-12, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET.

AMENDMENT NO. 6--TABLED

Debate was resumed on Amendment No. 6, by Reps. KNOTTS and LANFORD.

Rep. KNOTTS moved to table the amendment, which was agreed to.

Reps. KNOTTS and LANFORD proposed the following Amendment No. 7, which was adopted.

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

In addition to any other penalties provided by law, any violation where a person is found guilty of not having liability insurance coverage shall be fined a penalty not less than $200.00.

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. 3123--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that H. 3123 be read the third time tomorrow.


Printed Page 2826 . . . . . Thursday, April 27, 1995

S. 463--OBJECTIONS WITHDRAWN

AND DEBATE ADJOURNED

Upon the withdrawal of objections by Reps. CARNELL, VAUGHN, TRIPP and STILLE, the following Bill was taken up.

S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.

Rep. CARNELL moved to adjourn debate upon the Bill.

Rep. TRIPP moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate, which was agreed to.

S. 669--RECALLED FROM THE COMMITTEE ON

MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from the Committee on Medical, Military, Public and Municipal Affairs.

S. 669 -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 44-6-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION ENTERING INTO CONTRACTS WITH OTHER AGENCIES, SO AS TO EXPAND WITH WHOM THE COMMISSION MAY CONTRACT FOR ELIGIBILITY DETERMINATIONS.


Printed Page 2827 . . . . . Thursday, April 27, 1995

SENT TO THE SENATE

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

H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.

Rep. FAIR moved that the House do now adjourn.

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

Yeas 65; Nays 39

Those who voted in the affirmative are:

Allison          Anderson         Baxley
Boan             Breeland         Brown, G.
Brown, H.        Cain             Canty
Carnell          Cato             Chamblee
Cooper           Delleney         Easterday
Fair             Fleming          Fulmer
Harrell          Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Herdklotz        Huff             Jaskwhich
Kennedy          Kirsh            Klauber
Lanford          Limbaugh         Marchbanks
Mason            McAbee           McCraw
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Phillips
Quinn            Rhoad            Rice
Riser            Robinson         Sandifer
Sharpe           Simrill          Smith, D.
Smith, R.        Stille           Townsend
Tripp            Trotter          Vaughn
Waldrop          Walker           Whipper, S.


Printed Page 2828 . . . . . Thursday, April 27, 1995

Wilder           Wilkes           Wilkins
Witherspoon      Young, J.

Total--65

Those who voted in the negative are:

Askins           Bailey           Byrd
Cave             Clyburn          Cotty
Cromer           Dantzler         Gamble
Hines            Hodges           Howard
Hutson           Inabinett        Jennings
Keegan           Kelley           Keyserling
Knotts           Koon             Law
Limehouse        Lloyd            Neilson
Richardson       Rogers           Scott
Seithel          Sheheen          Shissias
Spearman         Thomas           Whatley
White            Williams         Wofford
Worley           Wright           Young, A.

Total--39

So, the motion to adjourn was agreed to.

MOTION NOTED

Rep. BAXLEY moved to reconsider the vote whereby H. 3838 was given a third reading and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3865 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen,


Printed Page 2829 . . . . . Thursday, April 27, 1995

McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING AND SUPPORTING NATIONAL FAIR HOUSING MONTH, APRIL, 1995, IN SOUTH CAROLINA.

H. 4156 -- Reps. Marchbanks, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE PHILIP H. PRINCE FOR HIS EXEMPLARY DISTINGUISHED SERVICE AS THE PRESIDENT OF CLEMSON UNIVERSITY.

H. 4161 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING CLAUDETTE HAZEL CHAPMAN CURETON OF GREENVILLE COUNTY FOR HER DEDICATED AND OUTSTANDING SERVICE TO GREENVILLE TECHNICAL COLLEGE AND THE PUBLIC SCHOOL SYSTEM AND WISHING HER SUCCESS AND HAPPINESS IN HER RETIREMENT.


| Printed Page 2810, Apr. 27 | Printed Page 2830, Apr. 27 |

Page Finder Index