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 1950, Apr. 3 | Printed Page 1970, Apr. 3 |

Printed Page 1960 . . . . . Wednesday, April 3, 1996

Rep. CANTY proposed the following Amendment No. 4, which was adopted.

Amend Section 56-5-1520, relating to speed limits, so as to provide that unpaved roads be limited to the speed of 45 miles per hour

Rep. CANTY explained the amendment.

The amendment was then adopted.

Rep. CANTY proposed the following Amendment No. 5, which was tabled.

Amend Section 56-5-1520, so as to require the speed limit on unpaved roads of more than one mile distance be posted.

Rep. CANTY explained the amendment.

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

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

OBJECTION TO MOTION

Rep. TOWNSEND asked unanimous consent that H. 4323 be read a third time tomorrow.

Rep. SHEHEEN objected.

H. 4637--DEBATE ADJOURNED

Rep. STILLE moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted.

H. 4637 -- Reps. Townsend, Allison, Howard and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE


Printed Page 1961 . . . . . Wednesday, April 3, 1996

INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE
Printed Page 1962 . . . . . Wednesday, April 3, 1996

APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.

LEAVES OF ABSENCE

The SPEAKER granted Reps. STODDARD and J. YOUNG a leave of absence for the remainder of the day.

H. 4569--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4569 -- Reps. Gamble, Koon, Hallman, Lanford, Vaughn, Keegan, Boan, H. Brown and R. Smith: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT IN THE SOUTH CAROLINA RETIREMENT SYSTEM FOR MATERNITY LEAVE, SO AS TO DELETE THE REQUIREMENT THAT TO BE ELIGIBLE TO ESTABLISH SUCH CREDIT AN EMPLOYEE MUST NOT BE ABSENT FROM WORK FOR A PERIOD GREATER THAN TWO YEARS FOR EACH PREGNANCY.

The Committee on Ways and Means proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10725HTC.96), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. The second unnumbered paragraph of Section 9-1-1140 of the 1976 Code. as last amended by Act 420 of 1994 is further amended to read:

"A period of time up to one year for each pregnancy not to exceed a total of three years service credit may be established for maternity leave provided the member pays the full actuarial cost as determined by the board. However, the payment must not be less than twelve percent of the annual salary at the time of purchase or the average of the three highest


Printed Page 1963 . . . . . Wednesday, April 3, 1996

consecutive fiscal years of salary at the time of purchase, whichever is greater, for a year of credit prorated for periods less than a year. To be eligible for maternity leave credit an employee must not be absent from work for a period greater than two years for each pregnancy a member must have left covered employment to go on maternity leave."/

Amend title to conform.

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. 4569--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GAMBLE, with unanimous consent, it was ordered that H. 4569 be read the third time tomorrow.

H. 4737--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE


Printed Page 1964 . . . . . Wednesday, April 3, 1996

DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9154AC.96), which was adopted.

Amend the bill, as and if amended, Section 1-11-425, page 2, by deleting lines 9 and 10 and inserting /membership shall include a representative from the Budget and Control Board Division of Operations, the Budget and Control Board Division of Budget and Analysis, the/, and on line 15 after the /./ by inserting /The Executive Director of the State Budget and Control Board shall appoint the chairman./ so that when amended, Section 1-11-425 reads:

/Section 1-11-425. The State Budget and Control Board shall approve all requests for information technology equipment and services for state government as defined by the State Procurement Code with exemptions as defined by the board through regulation. In considering requests, the board shall ensure that requests are justified, that duplication among state agencies does not exist, that systems procured provide the most efficient means for providing services and are cost-effective, and that new technologies are compatible with existing technology to the greatest extent practicable. To assist the board, an Information Technology Advisory Council is created. The membership shall include a representative from the Budget and Control Board Division of Operations, the Budget and Control Board Division of Budget and Analysis, the South Carolina Educational Television Commission, the State Department of Education, the Commission on Higher Education, the State Board for Technical and Comprehensive Education, institutions of higher education, and other entities the board considers appropriate. The Executive Director of the State Budget and Control Board shall appoint the chairman./

Amend title to conform.

Rep. FULMER explained the amendment.

The amendment was then adopted.


Printed Page 1965 . . . . . Wednesday, April 3, 1996

Reps. ROBINSON, VAUGHN, EASTERDAY, MARCHBANKS and KIRSH proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22580SD.96), which was adopted.

Amend the bill, as and if amended, in SECTION 7, by inserting immediately after /reauthorized/ and before the period on line 35, page 4, /until July 1, 2003/

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

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

H. 4737--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. FULMER, with unanimous consent, it was ordered that H. 4737 be read the third time tomorrow.

H. 4796--DEBATE ADJOURNED

The following Bill was taken up.

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.


Printed Page 1966 . . . . . Wednesday, April 3, 1996

Rep. FULMER proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10746JM.96).

Amend the bill, as and if amended, by inserting the following appropriately numbered SECTIONS to read:

/SECTION . For the taxes assessed and required to be paid in accordance with this act, under Section 12-37-2850 of the 1976 Code, credit shall be allowed for motor carrier's vehicle taxes previously paid for the 1997 tax year.

SECTION . The first annual property tax return under this act, required to be filed by Section 12-37-2840 of the 1976 Code, is due June 30, 1997./

Renumber sections to conform.

Amend title to conform.

Rep. FULMER explained the amendment.

Rep. ROGERS moved to adjourn debate upon the Bill until Tuesday, April 9, which was adopted.

S. 517--INTERRUPTED DEBATE

The following Bill was taken up.

S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9155HTC.96).

Amend the bill, as and if amended, by striking Section 8-11-640 as contained in SECTION 1, page 1, and inserting:

/Section 8-11-640. All employees of the State as of June 2, 1972, shall receive full credit for employment prior to such that date. Following the date of After June 2, 1972, all employees who are rehired following a break in service shall must be given credit for prior state service to a maximum of ten years for purposes of computing bonus earnings except that if the rehiring is after a break in service of five years or more, the


Printed Page 1967 . . . . . Wednesday, April 3, 1996

credit may not exceed ten years. In the event If an employee transfers from one state agency to another, his annual leave balance shall must also be transferred.

Any permanent employee of a state agency or department must be given full state service credit for prior service as a certified employee of a school district of this State for purposes of computing bonus earnings and no credit under this paragraph may be given for any out-of-state teaching service or other service with an out-of-state school district./

Amend title to conform.

Rep. LANFORD explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. LANFORD having the floor.

OBJECTION TO RECALL

Rep. SHEHEEN asked unanimous consent to recall H. 4843 from the Committee on Ways and Means.

Rep. HALLMAN objected.

H. 3589--SUSTAINED

The veto on the following Act was taken up.

(R278) H. 3589 -- Rep. McTeer: AN ACT TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.

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 80

Those who voted in the affirmative are:

McTeer               Whipper, L.          Whipper, S.

Total--3
Printed Page 1968 . . . . . Wednesday, April 3, 1996

Those who voted in the negative are:
Allison              Anderson             Askins
Baxley               Boan                 Brown, G.
Brown, H.            Brown, J.            Cain
Carnell              Cato                 Chamblee
Cooper               Cotty                Dantzler
Delleney             Easterday            Felder
Fleming              Gamble               Hallman
Harrell              Harris, J.           Harrison
Herdklotz            Hutson               Inabinett
Jaskwhich            Jennings             Keegan
Kelley               Keyserling           Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Limbaugh
Limehouse            Lloyd                Marchbanks
Martin               Mason                McAbee
McCraw               Meacham              Moody-Lawrence
Phillips             Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Seithel
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stuart               Townsend
Tripp                Trotter              Vaughn
Waldrop              Walker               Wells
Whatley              Wilder               Wilkes
Wilkins              Witherspoon          Wofford
Wright               Young-Brickell       

Total--80

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

H. 4721--OVERRIDDEN

The veto on the following Act was taken up.

(R294) H. 4721 -- Reps. Davenport and Littlejohn: AN ACT TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY,


Printed Page 1969 . . . . . Wednesday, April 3, 1996

SO AS TO INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.

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 10; Nays 0

Those who voted in the affirmative are:

Allison              Jaskwhich            Lanford
Lee                  Smith, D.            Vaughn
Walker               Wells                Wilder
Wofford              

Total--10

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.

H. 4747--OVERRIDDEN

The veto on the following Act was taken up.

(R295) H. 4747 -- Rep. D. Smith: AN ACT 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.


| Printed Page 1950, Apr. 3 | Printed Page 1970, Apr. 3 |

Page Finder Index