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 4482 . . . . . Wednesday, May 31, 1995
The Judiciary Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\PFM\7566BDW.95).

Amend the bill, as and if amended, by deleting SECTION 1, page 25, beginning on line 25; SECTION 4, page 26, beginning on line 5; SECTION 9, page 28, beginning on line 29; SECTION 14, page 31, beginning on line 10; SECTION 17, page 33, beginning on line 28; SECTIONS 28 through 29, page 55, beginning on line 22; SECTION 35, beginning on page 56 and line 40; SECTIONS 47 through 48, beginning on page 69 and line 1; SECTION 52, beginning on page 73 and line 26; SECTIONS 54 through 55, beginning on page 74 and line 20; SECTION 57, beginning on page 76 and line 36; SECTION 59, beginning on page 77 and line 26; SECTIONS 61 through 66, beginning on page 81 and line 8; SECTIONS 68 through 71, beginning on page 84 and line 20; SECTION 79, beginning on page 90 and line 33; SECTION 83, beginning on page 91 and line 38; SECTIONS 85 through 89, beginning on page 93 and line 31; SECTIONS 94 through 95, page 100, beginning on line 4; SECTION 98, beginning on page 101 and line 29; SECTIONS 100 through 101, beginning on page 103 and line 41; SECTIONS 111 through 112, beginning on page 108 and line 23; SECTIONS 118 through 120, beginning on page 113 and line 1; SECTIONS 125 through 132, beginning on page 133 and line 10; SECTIONS 134 through 136, beginning on page 136 and line 1; SECTION 139, beginning on page 138 and line 21; SECTION 142, page 141, beginning on line 17; SECTION 144, beginning on page 142 and line 13; SECTIONS 146 through 151, beginning on page 143 and line 22; SECTIONS 162 through 163, beginning on page 152 and line 1; SECTIONS 165 through 169, beginning on page 153 and line 34; SECTION 181, beginning on page 161 and line 32; SECTION 185, page 164, beginning on line 18; SECTION 190, page 166, beginning on line 13; SECTION 192, page 167, beginning on line 9; SECTION 197, beginning on page 171 and line 5; SECTION 199, page 175, beginning on line 15; SECTIONS 217 through 232, beginning on page 180 and line 42; SECTIONS 234 through 236, beginning on page 189 and line 21; SECTION 238, beginning on page 190 and line 36; SECTION 240, beginning on page 191 and line 16; SECTION 244, page 194, beginning on line 1; SECTION 246, beginning on page 195 and line 19; SECTIONS 251 through 252, beginning on page 212 and line 14; SECTIONS 260 through 261, beginning on page 216 and line 7; SECTION 263, beginning on page 218 and line 41; SECTION 266, beginning on page 221 and line 31; SECTION 272, beginning on page 224 and line 22; SECTION 285, beginning on page 232 and line 4; SECTION 286, beginning on page 233 and line 6; SECTIONS 293 through 296,

Printed Page 4483 . . . . . Wednesday, May 31, 1995
beginning on page 242 and line 25; and SECTIONS 298 through 300, page 246, beginning on line 8.

Amend further, by striking SECTION 302, page 247, beginning on line 6, and inserting:

/SECTION 302. This act takes effect upon approval by the Governor except as follows:

(1) Sections 1-3-240(C), 11-9-825, 12-4-40, 12-4-50, 12-4-60, 12-4-70, and 12-4-760 take effect February 1, 1995.

(2) Sections 38-43-106(C), 38-73-1380, 38-77-580, 38-79-270, 38-81-270, 43-7-410(B) and (C), 43-7-420, 43-7-430, 43-7-440, 44-6-5(4), 44-6-140(A)(2), 44-6-146(A), 44-6-170(A)(14), 44-6-520, 44-6-540, 44-6-720(B)(4)(b)(iv) and (5), 44-6-730, 44-7-90, and 44-38-380(A)(1)(i) take effect July 1, 1995./

Renumber sections to conform.

Amend title to conform.

Rep. HARRISON explained the amendment and moved to adjourn debate upon the amendment, which was adopted.

Reps. KNOTTS, WOFFORD, TRIPP, LANFORD, WILKES, HASKINS, QUINN, WHATLEY, WRIGHT, SHARPE, WITHERSPOON and HUFF proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\22031SD.95), which was tabled.

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

/SECTION . Section 1-30-65(C) of the 1976 Code, as last amended by Act 385 of 1994, is further amended to read:

"(C) Professional and Occupational Licensing Boards including:

Accountancy Board, formerly provided for at Section 40-1-10, et seq.;

Architectural Board of Examiners, formerly provided for at Section 40-3-10, et seq.;

Athletic Commission, formerly provided for at Section 52-7-10, et seq.;
 Auctioneers Commission, formerly provided for at Section 40-6-10, et seq.;

Barber Examiners Board, formerly provided for at Section 40-7-10, et seq.;

Barrier Free Design Board, formerly provided for at Section 10-5-210, et seq.;

Printed Page 4484 . . . . . Wednesday, May 31, 1995
Building Code Council, formerly provided for at Section 6-9-60, et seq.;

Burglar Alarm Business, formerly provided for at Section 40-79-10, et seq.;

Chiropractic Examiners Board, formerly provided for at Section 40-9-10, et seq.;

Contractors Licensing Board, formerly provided for at Section 40-11-10, et seq.;

Cosmetology Board, formerly provided for at Section 40-13-10, et seq.;

Dentistry Board, formerly provided for at Section 40-15-10, et seq.;

Embalmers and Funeral Directors/Funeral Service Board, formerly provided for at Section 40-19-10, et seq.;

Engineers and Land Surveyors Board, formerly provided for at Section 40-21-10, et seq.;

Environmental Systems Operators Board, formerly provided for at Section 40-23-10, et seq.;

Fire Sprinkler Contractors Board, formerly provided for at Section 23-45-10, et seq.;

Foresters Registration Board, formerly provided for at Section 48-27-10, et seq.;

Geologists Registration Board, formerly provided for at Section 40-77-10, et seq.;

Harbor Pilots/Pilotage Commission, formerly provided for at Section 54-15-40, et seq.;

Liquefied Petroleum Gas Board, formerly provided for at Section 39-43-20, et seq.;

Manufactured Housing Board, formerly provided for at Section 40-29-10, et seq.;

Modular Appeals Board, formerly provided for at Section 23-43-50, et seq.;

Nursing Board, formerly provided for at Section 40-33-10, et seq.;

Nursing Home Administrators Board, formerly provided for at Section 40-35-10, et seq.;

Occupational Therapy Board, formerly provided for at Section 40-36-10, et seq.;

Optometry Board, formerly provided for at Section 40-37-10, et seq.;

Opticianry Board, formerly provided for at Section 40-38-10, et seq.;

Printed Page 4485 . . . . . Wednesday, May 31, 1995
Pharmacy Board, formerly provided for at Section 40-43-10, et seq.;

Physical Therapy Examiners, formerly provided for at Section 40-45-10, et seq.;

Physicians, Surgeons and Osteopaths/Board of Medical Examiners, formerly provided for at Section 40-47-10, et seq.;

Podiatry Examiners, formerly provided for at Section 40-51-10, et seq.;

Professional Counselors, Marital and Family Therapists, formerly provided for at Section 40-75-10, et seq.;

Psychology Board of Examiners, formerly provided for at Section 40-55-20, et seq.;

Pyrotechnic Safety Board, formerly provided for at Section 40-56-10, et seq.;

Real Estate Commission regulating Real Estate Brokers, Counsellors, Salesmen, Auctioneers, and Property Managers, formerly provided for at Section 40-57-10 et seq., and Real Estate Appraisers Board, formerly provided for at Section 40-60-10 et seq.;

Residential Home Builders Board, formerly provided for at Section 40-59-10, et seq.;

Social Worker Board of Examiners, formerly provided for at Section 40-63-10, et seq.;

Speech/Language Pathology and Audiology Board of Examiners, formerly provided for at Section 40-67-10, et seq.;

Veterinary Medical Examiners, formerly provided for at Section 40-69-10, et seq."

SECTION . Section 40-73-15(a) of the 1976 Code, as last amended by Act 385 of 1994, is further amended to read:

"(a) The following professions and occupations hereafter must be administered by the Department of Labor, Licensing, and Regulation:

Accountants

Architects

Athletic Commission
 Auctioneers

Barbers and Barbering

Barrier Free Design Board

Building Code Council

Burglar Alarm Business

Chiropractors and Chiropractic

Contractors

Cosmetologists

Printed Page 4486 . . . . . Wednesday, May 31, 1995
Dentists, Dental Hygienists and Dental Technicians

Embalmers and Funeral Directors/Funeral Service Board

Engineers and Land Surveyors

Environmental Systems Operators

Fire Sprinkler Contractors

Foresters Registration Board

Geologists

Harbor Pilots/ Pilotage Commission

Liquefied Petroleum Gas Board

Manufactured Housing Board

Modular Appeals Board

Nurses

Nursing Home Administrators

Occupational Therapists

Optometrists

Opticians

Pharmacists

Physical Therapists

Physicians, Surgeons and Osteopaths

Podiatrists and Podiatry

Professional Counselors, Marital and Family Therapists

Psychologists

Pyrotechnic Safety Board

Real Estate Appraisers

Real Estate Brokers, Counsellors, Salesmen, Auctioneers,

and Property Managers

Residential Home Builders

Sanitarians

Social Workers

Speech/Language Pathologists and Audiologists

Veterinarians."

SECTION . Section 52-7-10 of the 1976 Code, as last amended by Act 439 of 1992, is further amended to read:

"Section 52-7-10. There is created the State Athletic Commission, which shall be a separate and independent commission not under the Department of Labor, Licensing, and Regulation, consisting of seven members appointed by the Governor with the advice and consent of the Senate. One member must be appointed from each congressional district of the State and one from the State at large. The terms of the members are for four years and until their successors are appointed and qualify. Vacancies must be filled by the Governor for the remainder of an

Printed Page 4487 . . . . . Wednesday, May 31, 1995
unexpired term. The commissioners and employees of the State Athletic Commission may not have any financial interest, direct or indirect, in the promotion, management, or result of any boxing, wrestling, or sparring event."

SECTION . Section 52-7-15 of the 1976 Code, as last amended by Act 381 of 1994, is further amended to read:

"Section 52-7-15. The commission shall select its chairman and other officers necessary for terms as the commission may designate. The Director of the Department of Labor, Licensing, and Regulation commission shall appoint an administrator pursuant to Section 40-73-15. Notwithstanding any term for which an officer was elected, the commission may call an election for any officer at any time by a two-thirds vote.

SECTION . Section 52-7-30 of the 1976 Code, as last amended by Act 381 of 1994, is further amended to read:

"Section 52-7-30. The commission has direction, management, control, and supervision over all boxing, wrestling, and sparring events, exhibitions, contests, and performances whether in person or via closed circuit television (events) in this State. The commission shall promulgate regulations as necessary for the protection of the health and safety of participants and to carry out the provisions of this article. Pursuant to Section 40-73-15, the Director of the Department of Labor, Licensing, and Regulation or his designee The commission may appoint a chief inspector and referees, inspectors, other officials, and clerical help as the Director of the Department of Labor, Licensing, and Regulation commission determines necessary to administer the provisions of this article."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KNOTTS explained the amendment.

Rep. HARRISON spoke against the amendment and moved to table the amendment.

Rep. KNOTTS demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 33 to 14.

The Judiciary Committee proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\PFM\7566BDW.95), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 1, page 25, beginning on line 25; SECTION 4, page 26, beginning on line 5; SECTION 9, page 28, beginning on line 29; SECTION 14, page 31,

Printed Page 4488 . . . . . Wednesday, May 31, 1995
beginning on line 10; SECTION 17, page 33, beginning on line 28; SECTIONS 28 through 29, page 55, beginning on line 22; SECTION 35, beginning on page 56 and line 40; SECTIONS 47 through 48, beginning on page 69 and line 1; SECTION 52, beginning on page 73 and line 26; SECTIONS 54 through 55, beginning on page 74 and line 20; SECTION 57, beginning on page 76 and line 36; SECTION 59, beginning on page 77 and line 26; SECTIONS 61 through 66, beginning on page 81 and line 8; SECTIONS 68 through 71, beginning on page 84 and line 20; SECTION 79, beginning on page 90 and line 33; SECTION 83, beginning on page 91 and line 38; SECTIONS 85 through 89, beginning on page 93 and line 31; SECTIONS 94 through 95, page 100, beginning on line 4; SECTION 98, beginning on page 101 and line 29; SECTIONS 100 through 101, beginning on page 103 and line 41; SECTIONS 111 through 112, beginning on page 108 and line 23; SECTIONS 118 through 120, beginning on page 113 and line 1; SECTIONS 125 through 132, beginning on page 133 and line 10; SECTIONS 134 through 136, beginning on page 136 and line 1; SECTION 139, beginning on page 138 and line 21; SECTION 142, page 141, beginning on line 17; SECTION 144, beginning on page 142 and line 13; SECTIONS 146 through 151, beginning on page 143 and line 22; SECTIONS 162 through 163, beginning on page 152 and line 1; SECTIONS 165 through 169, beginning on page 153 and line 34; SECTION 181, beginning on page 161 and line 32; SECTION 185, page 164, beginning on line 18; SECTION 190, page 166, beginning on line 13; SECTION 192, page 167, beginning on line 9; SECTION 197, beginning on page 171 and line 5; SECTION 199, page 175, beginning on line 15; SECTIONS 217 through 232, beginning on page 180 and line 42; SECTIONS 234 through 236, beginning on page 189 and line 21; SECTION 238, beginning on page 190 and line 36; SECTION 240, beginning on page 191 and line 16; SECTION 244, page 194, beginning on line 1; SECTION 246, beginning on page 195 and line 19; SECTIONS 251 through 252, beginning on page 212 and line 14; SECTIONS 260 through 261, beginning on page 216 and line 7; SECTION 263, beginning on page 218 and line 41; SECTION 266, beginning on page 221 and line 31; SECTION 272, beginning on page 224 and line 22; SECTION 285, beginning on page 232 and line 4; SECTION 286, beginning on page 233 and line 6; SECTIONS 293 through 296, beginning on page 242 and line 25; and SECTIONS 298 through 300, page 246, beginning on line 8.

Amend further, by striking SECTION 302, page 247, beginning on line 6, and inserting:

Printed Page 4489 . . . . . Wednesday, May 31, 1995
/SECTION 302. This act takes effect upon approval by the Governor except as follows:

(1) Sections 1-3-240(C), 11-9-825, 12-4-40, 12-4-50, 12-4-60, 12-4-70, and 12-4-760 take effect February 1, 1995.

(2) Sections 38-43-106(C), 38-73-1380, 38-77-580, 38-79-270, 38-81-270, 43-7-410(B) and (C), 43-7-420, 43-7-430, 43-7-440, 44-6-5(4), 44-6-140(A)(2), 44-6-146(A), 44-6-170(A)(14), 44-6-520, 44-6-540, 44-6-720(B)(4)(b)(iv) and (5), 44-6-730, 44-7-90, and 44-38-380(A)(1)(i) take effect July 1, 1995./

Renumber sections to conform.

Amend title to conform.

AMENDMENT NO. 6--MOTION TO RECONSIDER TABLED

Rep. KNOTTS moved to reconsider the vote whereby Amendment No. 6 was tabled.

Rep. KIRSH moved to table the motion to reconsider.

Rep. KNOTTS demanded the yeas and nays, which were not ordered.

The motion to reconsider was tabled by a division vote of 36 to 23.

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

OBJECTION TO RECALL

Rep. CATO asked unanimous consent to recall S. 274 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. ROGERS objected.

S. 251--RECALLED FROM THE

COMMITTEE ON JUDICIARY

On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.

S. 251 -- Senators Hayes and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE REGARDING LEASES AND TO PROVIDE FOR THE FORMATION, CONSTRUCTION, EFFECT, PERFORMANCE, AND DEFAULT OF A LEASE CONTRACT; AND TO AMEND SECTIONS 36-1-105, 36-1-201(37), AND 36-9-113, RELATING TO OTHER PROVISIONS OF THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THESE PROVISIONS TO

Printed Page 4490 . . . . . Wednesday, May 31, 1995
CONFORM THEM TO THE ABOVE PROVISIONS OF CHAPTER 2A; AND BY ADDING CHAPTER 4A TO TITLE 36 SO AS TO MAKE GENERAL PROVISIONS TO THE UNIFORM COMMERCIAL CODE ON FUND TRANSFERS INCLUDING THE ISSUANCE, ACCEPTANCE, AND PAYMENT OF PAYMENT ORDERS.

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