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

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| Printed Page 3990, May 24 | Printed Page 4010, May 24 |

Printed Page 4000 . . . . . Wednesday, May 24, 1995

Whereupon, the Chair appointed Reps. HUFF, CROMER and COTTY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 24, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 786:
S. 786 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND ACT 959 OF 1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY; TO INCREASE THE BOARD OF DIRECTORS OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO PROVIDE THAT ANY MEMBER OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING A CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY TO PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS, COMPRESSED NATURAL GAS, AND PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE USED INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE THAT THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN


Printed Page 4001 . . . . . Wednesday, May 24, 1995

ANNUAL MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL, AND MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES AND FUTURE EXPANSION PLANS OF THE AUTHORITY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 24, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 46:
S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN


Printed Page 4002 . . . . . Wednesday, May 24, 1995

TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 24, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 78, S. 732 by a vote of 44 to 0.
(R78) S. 732 -- Senator Drummond: AN ACT TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.
Very respectfully,
President

R. 78; S. 732--GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 17, 1995
The Honorable Robert L. Peeler
President of the Senate
State House
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 732, R. 78, an Act:
TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.


Printed Page 4003 . . . . . Wednesday, May 24, 1995

This veto is based upon my belief that S. 732, R. 78 of 1995, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning S. 732, R. 78, without my signature.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 3; Nays 0

Those who voted in the affirmative are:

Chamblee         Stille           Tucker

Total--3

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

On motion of Rep. KELLEY, with unanimous consent, the following was taken up for immediate consideration:

H. 4247 -- Reps. Kelley and Keegan: A HOUSE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE BLATT BUILDING ON NOVEMBER 1, 2, AND 3, 1995, FOR ITS ANNUAL MEETING.

Be it resolved by the House of Representatives:

That the South Carolina Student Legislature is allowed the use of the Blatt Building on November 1, 2, and 3, 1995, for its annual meeting. If the House of Representatives is in statewide session on any of these days, the Blatt Building may not be used on these days.

Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the Blatt Building and the use


Printed Page 4004 . . . . . Wednesday, May 24, 1995

must be in strict accordance with the policies of the House of Representatives.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4248 -- Reps. Stuart, Riser, Koon, Knotts, Gamble and Wright: A CONCURRENT RESOLUTION COMMENDING CHARLES A. WHITEHEAD, DIRECTOR OF PUBLIC SAFETY FOR LEXINGTON COUNTY, FOR HIS EXEMPLARY PUBLIC SERVICE, EXTENDING BEST WISHES FOR MUCH HAPPINESS FOLLOWING HIS RETIREMENT FROM THIS POSITION AND DESIGNATING HIM A "SOUTH CAROLINA STAR".

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 866 -- Senators Wilson, Ryberg, Lander and Setzler: A CONCURRENT RESOLUTION CONGRATULATING THE RESIDENTS OF THE TOWN OF SPRINGDALE IN LEXINGTON COUNTY AS THEY PREPARE TO CELEBRATE ON SEPTEMBER 9, 1995, THE FORTIETH ANNIVERSARY OF THE TOWN'S INCORPORATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 867 -- Senators Peeler, Hayes, Gregory and Short: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. RUTH LONG GREER OF YORK COUNTY FOR HER MORE THAN THIRTY-EIGHT YEARS OF TRULY OUTSTANDING


Printed Page 4005 . . . . . Wednesday, May 24, 1995

SERVICE IN EDUCATION ON THE OCCASION OF HER RETIREMENT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 869 -- Senator Washington: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE HELEN ELLIS PETRILL FOR HER MANY YEARS OF SERVICE TO THE CHRISTIAN COMMUNITY AND BEST WISHES UPON HER RETIREMENT.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILL

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

H. 4249 -- Rep. Cromer: A BILL TO AMEND SECTION 41-25-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATE PERSONNEL PLACEMENT SERVICES, THE REQUIREMENT OF A LICENSE, APPLICATION FOR A LICENSE, FEE, BOND, CLAIMS AGAINST A LICENSEE, SERVICE OF SUMMONS, AND PLACE OF OPERATION, SO AS TO DELETE THE PROVISION STATING THAT NO LICENSE MAY BE GRANTED TO CONDUCT A PRIVATE PERSONNEL PLACEMENT SERVICE IN A RESIDENCE OR ROOMS USED FOR LIVING PURPOSES WHERE BOARDERS OR LODGERS ARE KEPT, WHERE MEALS ARE SERVED, WHERE PERSONS SLEEP, OR, IN CONNECTION WITH A BUILDING OR PREMISES, WHERE INTOXICATING LIQUORS ARE SOLD TO BE CONSUMED ON PREMISES, EXCEPT CAFES AND RESTAURANTS IN OFFICE BUILDINGS.

Referred to Committee on Labor, Commerce and Industry.

S. 101--DEBATE ADJOURNED

The following Bill was taken up.

S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S


Printed Page 4006 . . . . . Wednesday, May 24, 1995

JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.

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

H. 3198--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7522CM.95), which was adopted.

Amend the bill, as and if amended, Section 56-3-1975, SECTION 1, page 1, by striking the last paragraph beginning on line 30, and inserting:

/A post or wall-mounted placard identifying sign erected after June 30, 1996, must include the fine for unlawful use of a handicapped parking place. The sign must read `Reserved Parking', must be followed by display of the handicapped symbol, and must be followed by the phrase `$200.00 fine'. If a local government's fine exceeds two hundred dollars, then that amount must be placed on the identification sign. Omission of the fine on an identifying sign is not a defense to a prosecution for unlawful use of a handicapped parking place./

Amend further by deleting SECTION 2, page 1, and inserting:

/SECTION 2. This act takes effect June 30, 1996./

Amend title to conform.

Rep. STODDARD explained the amendment.

The amendment was then adopted.


Printed Page 4007 . . . . . Wednesday, May 24, 1995

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

ORDERED TO THIRD READING

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

S. 840 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. GAMBLE explained the Joint Resolution.

S. 841 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE COMMISSION, RELATING TO TEACHING METHODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1846, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. CATO explained the Joint Resolution.

S. 441 -- Senator Richter: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.

H. 3746 -- Reps. Carnell, Klauber and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-90 SO AS TO AUTHORIZE MUZZLELOADER HUNTS IN GAME ZONE 2.

Rep. SHARPE explained the Bill.


Printed Page 4008 . . . . . Wednesday, May 24, 1995

S. 846--RULE 5.12 NOT WAIVED AND

REFERRED TO THE WAYS AND MEANS COMMITTEE

Rep. HUFF moved to waive Rule 5.12 on the following Bill, which was not agreed to by a division vote of 27 to 22.

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.

The SPEAKER then ordered the Bill referred to the Committee on Ways and Means.

S. 101--RECONSIDERED, AMENDED

AND ORDERED TO THIRD READING

Rep. MARTIN moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.

Rep. MARTIN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\6043CM.95), which was adopted.

Amend the bill, as and if amended, by striking Section 1, beginning on page 1, and inserting:

/SECTION 1. Section 22-3-550 of the 1976 Code, as last amended by Section 28, Part II, Act 570 of 1994, is further amended to read:

"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both and


Printed Page 4009 . . . . . Wednesday, May 24, 1995

may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate.

However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34 pertaining to fraudulent checks, violations of Section 16-13-10, relating to forgery which involves a check, or violations of Section 16-13-110, relating to shoplifting. Further, a magistrate must specify an amount of restitution and damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this paragraph do not effect affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."/

Amend title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

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

H. 3977--OVERRIDDEN

The veto on the following Act was taken up.

(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 3; Nays 0

Those who voted in the affirmative are:

Davenport        Littlejohn       Wells

Total--3



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