Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index
| Printed Page 1410, Mar. 13 | Printed Page 1430, Mar. 14 |
Printed Page 1420 . . . . . Thursday, March 14, 1996
Howard N. Rawl (Gilbert)

Virginia C. Skelton (Clemson)

William C. Smith, Jr., (Columbia)

Allen P. Wood (Florence)

College of Charleston - Seven seats (six congressional districts and one at-large)

1st District, Seat 2

Cherry Daniel (Charleston)

John B. Williams (Moncks Corner)

2nd District, Seat 4

Joel H. Smith (Columbia)

3rd District, Seat 6

J. Philip Bell (Greenwood)

4th District, Seat 8

Merl F. Code (Greenville)

5th District, Seat 10

J. Vincent Price, Jr. (Gaffney)

6th District, Seat 12

Marie M. Land (Manning)

At-large, Seat 14

Timothy N. Dangerfield (Aiken)

Francis Marion University - Seven Seats (six congressional districts and one at-large)

1st District, Seat 2

J. Michael Murphree (Summerville)

2nd District, Seat 4

Gail Richardson (Barnwell)

3rd District, Seat 6

William A. Collins (Greenwood)

4th District, Seat 8

Alex Kiriakides, III (Greenville)

5th District, Seat 10

Lorraine H. Knight (Hartsville)

6th District, Seat 12

William W. Coleman, Jr. (Florence)

At-large, Seat 14

M. Russell Holliday, Jr. (Galivants Ferry)

Printed Page 1421 . . . . . Thursday, March 14, 1996
Lander University - Seven seats (six congressional districts and one at-large)

1st District, Seat 2

Nancy J. Cash (Charleston)

2nd District, Seat 4

George R. Starnes (Columbia)

3rd District, Seat 6

Jean T. McFerrin (Aiken)

4th District, Seat 8

C. Tyrone Gilmore (Spartanburg)

5th District, Seat 10

S. Anne Walker (Columbia)

6th District, Seat 12

Walter D. Smith (Florence)

At-large, Seat 14

Ann B. Bowen (Greenwood)

Glenas Deloris Green (Greenwood)

Medical University of South Carolina - Six seats (Congressional districts) (three from medical and three non-medical professions)

Medical

4th District

Dr. Charles B. Thomas, Jr. (Simpsonville)

5th District

Dr. Cotesworth P. Fishburne, Jr. (Rock Hill)

6th District

Dr. E. Conyers O'Bryan (Florence)

Non-medical

1st District

Melvyn Berlinsky (Charleston)

2nd District

H. Donald McElveen (Columbia)

3rd District

Jack F. McIntosh (Anderson)

Fred Moore (Honea Path)

South Carolina State University - Two seats (at-large)

At-large, Seat 11

John Williams, Jr. (Orangeburg)

Printed Page 1422 . . . . . Thursday, March 14, 1996
At-large, Seat 12

Walter L. Salters (Orangeburg)

Johnnie M. Smith (Greenville)

University of South Carolina - Eight seats (Judicial circuits)

2nd Circuit

Patrick D. Cunning (Aiken)

Miles Loadholt (Barnwell)

4th Circuit

J. DuPre Miller (Bennettsville)

6th Circuit

James Bradley (Lancaster)

8th Circuit

Herbert C. Adams (Laurens)

10th Circuit

Brian A. Comer (Anderson)

Robert N. McLellen (Seneca)

14th Circuit

Helen C. Harvey (Beaufort)

15th Circuit

M. Wayne Staton (Conway)

16th Circuit

Samuel R. Foster, II (Rock Hill)

Wil Lou Gray Opportunity School - Four seats (at-large)

Dr. Marvin Efron (Cayce)

Wilhelmina McBride (Columbia)

Mary F. "Frankie" Newman (West Columbia)

Suzanne Turner Reynolds (Gaffney)

Olive Wilson (Williamston)

Winthrop University - Two seats (at-large)

Jane C. Shuler (Orangeburg)

Walter H. Smith (Columbia)

David A. White (Rock Hill)

On motion of Rep. STODDARD, the report was ordered printed in the Journal.

Printed Page 1423 . . . . . Thursday, March 14, 1996
REPORTS OF STANDING COMMITTEE

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4020 -- Rep. Marchbanks: A BILL TO AMEND ACT 456 OF 1961, AS AMENDED, RELATING TO THE ISSUANCE OF BONDS BY CLEMSON UNIVERSITY FOR STUDENT AND FACULTY HOUSING FACILITIES, SO AS TO INCREASE FROM FORTY TO FORTY-FIVE MILLION DOLLARS THE AUTHORIZED AMOUNT OF THE BONDS AND TO EXTEND THE CAPITALIZED INTEREST PERIOD FROM ONE TO TWO YEARS.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4313 -- Reps. Fulmer, Littlejohn, Inabinett, Hutson, Cain, Vaughn and Riser: A BILL TO AMEND SECTION 59-122-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE CITADEL TO ISSUE REVENUE BONDS FOR STUDENT HOUSING, FACULTY HOUSING, AND AUXILIARY FACILITIES, SO AS TO INCREASE THE MAXIMUM PRINCIPAL AMOUNT OF THESE REVENUE BONDS AUTHORIZED TO BE OUTSTANDING AT ANY TIME FROM TWENTY-FIVE MILLION DOLLARS TO THIRTY-FIVE MILLION DOLLARS.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 4548 -- Rep. Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND

Printed Page 1424 . . . . . Thursday, March 14, 1996
DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO MAKE VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW OTHER PROCEEDS TO BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE FUND, AND TO AUTHORIZE TRUSTEES ADDITIONAL POWERS WITH RESPECT TO THE USE OF PROCEEDS OF THESE BONDS.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 4550 -- Rep. Boan: A BILL TO AMEND CHAPTER 117, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA, BY ADDING ARTICLE 5 ENACTING THE UNIVERSITY OF SOUTH CAROLINA REVENUE BOND ACT AUTHORIZING THE UNIVERSITY TO ISSUE REVENUE BONDS TO FINANCE IMPROVEMENTS AND EQUIPMENT AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 996 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Reps. McABEE, COBB-HUNTER and WHITE, for the minority, submitted an unfavorable report, on:

H. 3029 -- Reps. Vaughn, Cato, Davenport, Bailey, McKay, and Simrill: A BILL TO AMEND SECTIONS 4-10-10 AND 4-10-50, AS

Printed Page 1425 . . . . . Thursday, March 14, 1996
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND USE OF REVENUE FOR PURPOSES OF THE LOCAL SALES AND USE TAX, SO AS TO DELETE THE DEFINITION OF "MINIMUM DISTRIBUTION" AND PROVIDE THAT THE REVENUES OF THE COUNTY/MUNICIPAL REVENUE FUND MUST BE USED TO PROVIDE PROPERTY TAX CREDITS IN THE FIRST YEAR OF IMPLEMENTATION AND THEREAFTER MAY BY ORDINANCE BE USED FOR OTHER PURPOSES SUBJECT TO A PERCENTAGE LIMIT; AND TO REPEAL SECTION 4-10-60 RELATING TO REDISTRIBUTION OF LOCAL SALES AND USE TAX REVENUES AMONG COUNTIES AND TO PROVIDE TRANSITION PROVISIONS.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 4553 -- Reps. Koon and McKay: A BILL TO AMEND SECTION 12-43-232, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS FOR REAL PROPERTY TO RECEIVE THE AGRICULTURAL USE CLASSIFICATION FOR PROPERTY TAX VALUATION PURPOSES, SO AS TO EXTEND THE "GRANDFATHER" PROVISIONS ALLOWED CROPLAND TO TIMBERLAND.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4750 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAL INSTITUTION VENDOR PAYMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4751 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE

Printed Page 1426 . . . . . Thursday, March 14, 1996
DEPARTMENT OF HEALTH AND HUMAN SERVICES, RELATING TO MEDICAID, FAIR HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1875, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4752 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO SUPERVISED INDEPENDENT LIVING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1863, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4753 -- Reps. Marchbanks, Robinson and Sandifer: A BILL TO AMEND SECTION 26-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TWENTY-FIVE DOLLAR FEE FOR A NOTARY PUBLIC COMMISSION, SO AS TO INCREASE THE FEE TO FIFTY DOLLARS.

Referred to Committee on Judiciary.

H. 4754 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND DELETE A PROVISION CONCERNING THE ANNEXATION OF AREA TO THE CITY OF ANDERSON.

On motion of Rep. COOPER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN

Printed Page 1427 . . . . . Thursday, March 14, 1996
LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.

Without reference.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison              Anderson             Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Byrd                 Carnell
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cotty                Dantzler             Davenport
Delleney             Easterday            Fleming
Fulmer               Gamble               Govan
Harris, J.           Harris, P.           Harrison
Haskins              Herdklotz            Hines, M.
Hodges               Howard               Hutson
Inabinett            Jaskwhich            Keegan
Kelley               Kennedy              Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Martin               Mason
McAbee               McCraw               McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neilson              Phillips
Rhoad                Riser                Robinson
Rogers               Sandifer             Scott
Sharpe               Sheheen              Simrill
Smith, D.            Smith, R.            Spearman
Printed Page 1428 . . . . . Thursday, March 14, 1996
Stille               Stoddard             Stuart
Thomas               Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Wilkes
Wilkins              Williams             Witherspoon
Wofford              Wright               Young
Young-Brickell       


STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 14.
Michael S. Whatley                 Rex Fontaine Rice
Lynn Seithel                       Bradley D. Cain
Robert W. Harrell, Jr.             Harry M. Hallman, Jr.
Juanita M. White                   Ronald P. Townsend
Jesse E. Hines                     Lucille S. Whipper
Jackson S. Whipper                 Scott H. Richardson
William D. Keyserling              June S. Shissias
Joseph H. Neal                     Douglas Jennings, Jr.
John G. Felder                     C. Alex Harvin III
Harold G. Worley                   Ralph W. Canty

Total Present--117

LEAVE OF ABSENCE

The SPEAKER granted Rep. McELVEEN a leave of absence due to an illness in the family.

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 13.

SENT TO THE SENATE

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

H. 4721 -- Reps. Davenport and Littlejohn: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO

Printed Page 1429 . . . . . Thursday, March 14, 1996
INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.

ORDERED TO THIRD READING

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

H. 4747 -- Rep. D. Smith: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.

H. 4735 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO COMBATIVE SPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1907, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. YOUNG-BRICKELL explained the Joint Resolution.

H. 4747--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4747 be read the third time tomorrow.

H. 4735--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4735 be read the third time tomorrow.

H. 4396--POINT OF ORDER

The following Bill was taken up.

H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH

Printed Page 1430 . . . . . Thursday, March 14, 1996
CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.

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