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 2200, Apr. 11 | Printed Page 2220, Apr. 11 |
Printed Page 2210 . . . . . Thursday, April 11, 1996
LEAVES OF ABSENCE

The SPEAKER granted Reps. D. SMITH and ANDERSON a leave of absence for the remainder of the day.

Printed Page 2211 . . . . . Thursday, April 11, 1996
ORDERED TO THIRD READING

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

H. 3913 -- Reps. Easterday, Limbaugh, Herdklotz, Tripp, Bailey, Wilder, Simrill, Fair, Meacham, Stoddard, Jaskwhich, Wofford, A. Young, Rice, Vaughn, Law, Haskins, Cato, Mason and Kirsh: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE STATE RECREATIONAL WATERS ACT, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION"; AND TO AMEND SECTION 44-55-2340, RELATING TO SWIMMING POOL CONSTRUCTION AND OPERATION PERMITS, SO AS TO EXEMPT HOMEOWNERS' ASSOCIATIONS.

Rep. YOUNG-BRICKELL explained the Bill.

H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.

Rep. GAMBLE explained the Bill.

OBJECTION TO MOTION

Rep. YOUNG-BRICKELL asked unanimous consent that H. 3913 be read a third time tomorrow.

Rep. NEAL objected.

H. 4701--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4701 be read the third time tomorrow.

Printed Page 2212 . . . . . Thursday, April 11, 1996
S. 1325--RECALLED FROM THE

COMMITTEE ON AGRICULTURE, NATURAL RESOURCES

AND ENVIRONMENTAL AFFAIRS

On motion of Rep. WALKER, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1325 -- Senators Reese, Russell and Courtney: A BILL TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCREASE THE MAXIMUM HORSEPOWER LIMITATION ON OUTDRIVE OR INBOARD MOTORS FROM ONE HUNDRED EIGHTY TO ONE HUNDRED NINETY HORSEPOWER.

H. 4895--RECALLED FROM THE BEAUFORT DELEGATION

On motion of Rep. KEYSERLING, with unanimous consent, the following Bill was ordered recalled from the Beaufort Delegation.

H. 4895 -- Reps. Keyserling, Richardson, McTeer and Lloyd: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS FOR THE BEAUFORT COUNTY BOARD OF DISABILITIES AND SPECIAL NEEDS, BEAUFORT COUNTY VETERAN'S AFFAIRS OFFICER, AND THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION TO THE GOVERNING BODY OF BEAUFORT COUNTY.

S. 1079--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. 1079 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-17-345 SO AS TO PROVIDE FOR BINDING ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION FOR SPECIFIC GRIEVANCES APPEALED UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURE; TO AMEND SECTION 8-17-310, RELATING TO LEGISLATIVE FINDINGS WITH RESPECT TO THE GRIEVANCE PROCEDURE, SO AS TO PROVIDE FOR RECOGNITION BY THE GENERAL ASSEMBLY THAT GRIEVANCE

Printed Page 2213 . . . . . Thursday, April 11, 1996
RESOLUTION IS BEST ACCOMPLISHED AT THE LOWEST LEVEL AND TO ENCOURAGE AGENCIES TO USE ALTERNATIVE DISPUTE RESOLUTION METHODS; TO AMEND SECTION 8-17-320, AS AMENDED, RELATING TO DEFINITIONS APPLICABLE TO THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO ADD, REVISE, AND DELETE DEFINITIONS IN CONFORMITY TO THE AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 8-17-330, AS AMENDED, RELATING TO AGENCY EMPLOYEE GRIEVANCES AND APPEALS, SO AS TO REDUCE THE TIME FOR FILING A GRIEVANCE AND REVISE ACTIONS WHICH QUALIFY AS GRIEVANCES; TO AMEND SECTION 8-17-340, AS AMENDED, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO SPECIFY WHAT APPEALS IT HEARS, TO AUTHORIZE THE APPOINTMENT OF ADDITIONAL MEMBERS, AND TO PROVIDE FOR THE OPERATION OF AND REPRESENTATION BEFORE THE COMMITTEE; TO AMEND SECTION 8-17-350, RELATING TO APPEALS, SO AS TO CONFORM THE SECTION TO THE REVISED PROCEDURES PROVIDED IN THIS ACT AND TO PROVIDE FOR LEGAL ADVICE TO THE STATE HUMAN RESOURCES DIRECTOR; TO AMEND SECTION 8-17-360, RELATING TO MEDIATION AND PROCEDURES, SO AS TO CONFORM IT TO THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS ADDED BY THIS ACT AND THE METHOD OF HANDLING APPEALS BY A MEDIATOR; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM COVERAGE UNDER THE STATE EMPLOYEE GRIEVANCE PROCEDURES ACT, SO AS TO UPDATE THESE EXEMPTIONS TO CONFORM WITH EXEMPTIONS PROVIDED IN EXISTING LAW.

OBJECTION TO RECALL

Rep. GOVAN asked unanimous consent to recall H. 4353 from the Committee on Judiciary.

Rep. HARRISON objected.

OBJECTION TO RECALL

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

Rep. HALLMAN objected.

Printed Page 2214 . . . . . Thursday, April 11, 1996
H. 4447--RECONSIDERED

Rep. WELLS moved to reconsider the vote whereby the following Bill was tabled, which was agreed to by a division vote of 45 to 39.

H. 4447 -- Reps. Meacham, Simrill, Young-Brickell, Vaughn, Allison, Davenport, Rice, Easterday, Haskins and Lee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.

H. 4064--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4064 -- Rep. Cato: A BILL TO AMEND SECTION 40-29-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING ACT, SO AS TO DEFINE "MOBILE HOME" AND TO REVISE THE DEFINITION OF "MANUFACTURED HOME"; TO AMEND SECTION 40-29-40, RELATING TO STATE POLICY FOR SAFETY IN CONSTRUCTION OF MANUFACTURED HOMES, SO AS TO PROVIDE THAT THIS CHAPTER ALSO APPLIES TO MOBILE HOMES; AND TO AMEND SECTION 40-29-100, AS AMENDED, RELATING TO LICENSURE TO SELL MANUFACTURED HOMES, SO AS TO PROVIDE THAT GROUNDS FOR DENYING A LICENSE INCLUDE CRIMINAL CONDUCT AND VIOLATION OF CHAPTER 29, TITLE 40.

Rep. CATO explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Printed Page 2215 . . . . . Thursday, April 11, 1996
H. 4335--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.

Rep. WITHERSPOON explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3517--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE IMPOSITION OF CERTAIN CRIMINAL PENALTIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES.

Rep. HODGES moved to adjourn debate upon the Senate amendments until Tuesday, April 16, which was adopted.

Printed Page 2216 . . . . . Thursday, April 11, 1996
RECURRENCE TO THE MORNING HOUR

Rep. HUTSON moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4937 -- Rep. Wilkes: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A CERTAIN HIGHWAY IN FAIRFIELD COUNTY IN HONOR OF BENJAMIN F. HORNSBY, A DISTINGUISHED BUSINESS AND CIVIC LEADER OF FAIRFIELD COUNTY AND A FORMER MEMBER OF THE SOUTH CAROLINA GENERAL ASSEMBLY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4938 -- Reps. Govan, Cobb-Hunter, Sharpe, Felder and Stuart: A CONCURRENT RESOLUTION CONGRATULATING CENTRAL UNITED METHODIST CHURCH OF ORANGEBURG COUNTY ON THE JOYOUS OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY.

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

HOUSE RESOLUTION

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

H. 4939 -- Rep. Cobb-Hunter: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE HOLLY HILL-ROBERTS HIGH SCHOOL BOYS TRACK TEAM AND COACHES ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THE HONOR OF WINNING THE CLASS AAA STATE TRACK AND FIELD CHAMPIONSHIP.

Printed Page 2217 . . . . . Thursday, April 11, 1996
Be it resolved by the House of Representatives:

That the Holly Hill-Roberts High School team and coaches are extended the privilege of the floor of the House of Representatives on a date and at a time to be determined by the Speaker for the purpose of being recognized for the honor of winning the Class AAA State Track and Field Championship.

Be it further resolved that a copy of this resolution be forwarded to the team and coaches of Holly Hill-Roberts High School Boys Track Team.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4940 -- Reps. Seithel, Hallman and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-10-45 SO AS TO PROVIDE THAT A PORTION OF AMOUNTS DISTRIBUTED TO A LOCAL SALES AND USE TAX COUNTY FROM THE PROPERTY TAX CREDIT FUND MUST BE USED TO PROVIDE A TAX CREDIT AGAINST A TAXPAYER'S SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT PROPERTY TAX LIABILITY.

Referred to Committee on Ways and Means.

H. 4941 -- Reps. Breeland, S. Whipper, Kirsh, Cobb-Hunter, J. Hines, Richardson, White, L. Whipper, Byrd, Anderson, Stuart, Shissias, Keyserling, Lloyd, Phillips, Whatley, J. Brown, Moody-Lawrence and Lanford: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 18 SO AS TO PROVIDE PENALTIES FOR A PERSON CONVICTED OF A CRIME CONTAINED IN THIS CHAPTER WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN A PERSON; AND TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO REVISE THE PENALTIES FOR MALICIOUS INJURY TO REAL PROPERTY OFFENSES, AND TO PROVIDE ADDITIONAL PENALTIES FOR PERSONS WHO MALICIOUSLY INJURE PERSONAL OR REAL PROPERTY WITH THE INTENT TO ASSAULT, INTIMIDATE, OR THREATEN CERTAIN PERSONS.

Referred to Committee on Judiciary.

Printed Page 2218 . . . . . Thursday, April 11, 1996
H. 4942 -- Reps. Tripp, Sharpe, Harrell, Limehouse and Felder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-230 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY IS REQUIRED TO PUBLISH WRITTEN POLICIES ON THE USE OF UNMARKED PATROL VEHICLES USED BY HIS AGENCY AND REQUIRE THAT A COPY OF THESE POLICIES BE MAINTAINED IN EACH PATROL VEHICLE.

Referred to Committee on Judiciary.

H. 4943 -- Reps. S. Whipper, White, L. Whipper and Breeland: A BILL TO AMEND SECTION 15-78-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN AND WHERE TO INSTITUTE AN ACTION AND THE REQUIREMENT OF A SPECIAL VERDICT TO SPECIFY PROPORTIONATE LIABILITY UPON MULTIPLE DEFENDANTS, SO AS TO PROVIDE THAT CERTAIN CAUSES OF ACTION MUST BE FILED IN MAGISTRATE COURT.

Referred to Committee on Judiciary.

H. 4944 -- Reps. Neilson, G. Brown, Littlejohn, Whatley, J. Hines, Lloyd, Loftis, L. Whipper, Lanford, Rice, Cain and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-425 SO AS TO REQUIRE THE FAMILY COURT TO CONSIDER THE DISTANCE BETWEEN RESIDENCES OF CUSTODIAL AND NONCUSTODIAL PARENTS, TO REQUIRE THE CUSTODIAL PARENT TO PAY THE CHILD'S TRAVEL EXPENSES TO THE NONCUSTODIAL PARENT'S RESIDENCE IF THE CUSTODIAL PARENT MOVES MORE THAN FIFTY MILES AWAY, AND TO CONSIDER EXTENDING THE LENGTH OF VISITATION IF THE TRAVEL TIME REDUCES THE AMOUNT OF VISITATION TIME.

Referred to Committee on Judiciary.

H. 4945 -- Reps. Fleming, Herdklotz, Simrill, Sandifer, Meacham, Gamble, Koon, Cooper, Cain, Stuart, Vaughn, Davenport, Tripp, Cato, Seithel and Bailey: A BILL TO AMEND SECTIONS 9-9-40 AND 9-9-60, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP IN AND ELIGIBILITY FOR BENEFITS UNDER THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO

Printed Page 2219 . . . . . Thursday, April 11, 1996
ELIMINATE PROSPECTIVELY THE RECEIPT OF RETIREMENT BENEFITS UNDER THIS SYSTEM FOR MEMBERS CURRENTLY IN EMPLOYMENT COVERED BY THE SOUTH CAROLINA RETIREMENT SYSTEM OR THE SOUTH CAROLINA POLICE OFFICERS' RETIREMENT SYSTEM, AND TO REPEAL PROSPECTIVELY SECTION 9-8-125, RELATING TO THE ELIGIBILITY FOR A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO HAS ATTAINED AGE SIXTY-FIVE AND IS OTHERWISE QUALIFIED TO RECEIVE RETIREMENT BENEFITS FROM THE GENERAL ASSEMBLY RETIREMENT SYSTEM.

Referred to Committee on Ways and Means.

H. 4946 -- Rep. Govan: A BILL TO AMEND SECTION 61-5-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISBURSEMENT OF REVENUES FOR CERTAIN EDUCATIONAL PURPOSES, SO AS TO PROVIDE FOR THE DISBURSEMENT OF CERTAIN STATE AND FEDERAL REVENUES.

Referred to Committee on Ways and Means.

H. 4947 -- Rep. Rogers: A BILL TO AMEND CHAPTER 9, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ELIMINATE PROSPECTIVELY THIS SEPARATE RETIREMENT SYSTEM AND ALLOW MEMBERS OF THE GENERAL ASSEMBLY TO PARTICIPATE IN THE SOUTH CAROLINA RETIREMENT SYSTEM.

Referred to Committee on Ways and Means.

H. 4447--DEBATE ADJOURNED

The following Bill was taken up.

H. 4447 -- Reps. Meacham, Simrill, Young-Brickell, Vaughn, Allison, Davenport, Rice, Easterday, Haskins and Lee: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL

Printed Page 2220 . . . . . Thursday, April 11, 1996
QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.

Rep. WRIGHT moved to adjourn debate upon the Bill until Tuesday, April 16, which was adopted.

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