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 3210, May 1 | Printed Page 3230, May 1 |

Printed Page 3220 . . . . . Wednesday, May 1, 1996

MOTION PERIOD

Rep. HARRISON moved to dispense with the Motion Period.

As a first substitute Rep. SHEHEEN moved to recall S. 1309 from the Ways and Means Committee.

As a second substitute Rep. ROBINSON moved to dispense with the balance of the Motion Period, which was agreed to.

Rep. HARRELL moved that the House recede until 1:45 P.M., which was adopted.

THE HOUSE RESUMES

At 1:45 P.M. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER TROTTER IN CHAIR

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

SPEAKER IN CHAIR

LEAVES OF ABSENCE

The SPEAKER granted Rep. COTTY a leave of absence for the remainder of the day due to attending a funeral in his district.

The SPEAKER granted Reps. CANTY, DAVENPORT and McELVEEN a leave of absence for the remainder of the day.

H. 3803--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. FELDER having the floor.

H. 3803 -- Reps. A. Young, Keegan, Mason, R. Smith, Bailey, Wofford, Klauber, Law, Hutson, Whatley, Vaughn, Chamblee, Byrd, Gamble, Witherspoon, Lloyd, Limbaugh, Kinon, Littlejohn, Haskins and Meacham: A BILL TO AMEND SECTION 56-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY OBTAIN A DRIVER'S LICENSE, BEGINNER'S PERMIT OR INSTRUCTION PERMIT, SO AS TO REQUIRE APPLICANTS FOR A BEGINNER'S PERMIT TO MEET THE REQUIREMENTS OF SECTION 56-1-50, TO REQUIRE APPLICANTS FOR A RESTRICTED DRIVER'S LICENSE TO MEET THE


Printed Page 3221 . . . . . Wednesday, May 1, 1996

REQUIREMENTS OF SECTION 56-1-180, AND TO DELETE "INSTRUCTION PERMIT" AND "SECTION 56-1-60"; TO AMEND SECTION 56-1-50, AS AMENDED, RELATING TO OBTAINING A BEGINNER'S PERMIT, SO AS TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A BEGINNER'S PERMIT; TO AMEND SECTION 56-1-180, AS AMENDED, RELATING TO A RESTRICTED DRIVER'S LICENSE, SO AS TO DELETE "INSTRUCTION PERMIT" AND TO REQUIRE APPLICANTS TO COMPLETE A DRIVER'S TRAINING COURSE BEFORE BEING ISSUED A RESTRICTED DRIVER'S LICENSE.

AMENDMENT NO. 1

Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 25, by the Committee on Education and Public Works.

Rep. KELLEY explained the amendment.

Rep. RISER moved to adjourn debate upon the Bill until Thursday, May 2.

Rep. SIMRILL moved to table the motion, which was agreed to.

Rep. FELDER spoke against the amendment.

ACTING SPEAKER H. BROWN IN CHAIR

Rep. FELDER continued speaking.

SPEAKER IN CHAIR

Rep. G. BROWN spoke against the amendment.

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. G. BROWN a leave of absence for the remainder of the day to attend a funeral.


Printed Page 3222 . . . . . Wednesday, May 1, 1996

H. 3174--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, May 2, which was adopted.

H. 3174 -- Reps. P. Harris and Richardson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-3-760, AS AMENDED, RELATING TO REGISTRATION FEE FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD


Printed Page 3223 . . . . . Wednesday, May 1, 1996

FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.

H. 3812--RECOMMITTED

The following Joint Resolution was taken up.

H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

Rep. HARRISON moved to recommit the Joint Resolution to the Committee on Judiciary, which was agreed to.

S. 517--RECOMMITTED

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


Printed Page 3224 . . . . . Wednesday, May 1, 1996

EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.

Rep. SIMRILL moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.

H. 4447--AMENDED AND ORDERED TO THIRD READING

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 QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.

AMENDMENT NO. 2--TABLED

Debate was resumed on Amendment No. 2, which was proposed on Tuesday, April 16, by Rep. MEACHAM.

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

Rep. MEACHAM proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22703SD.96), which was adopted.

Amend the bill, as and if amended, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION . Any child who attends the public schools of any district on the basis that he owns real estate in the district having an assessed value of three hundred dollars or more may continue to attend the schools of that district after the effective date of this act so long as they own such real estate, notwithstanding the amendments to Section 59-63-30 of the 1976 Code as contained herein./

Renumber sections to conform.

Amend totals and title to conform.

Rep. MEACHAM explained the amendment.

The amendment was then adopted.


Printed Page 3225 . . . . . Wednesday, May 1, 1996

Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading, resulting as follows:

Yeas 53; Nays 32

Those who voted in the affirmative are:

Allison              Brown, H.            Cain
Cato                 Cave                 Chamblee
Clyburn              Easterday            Fleming
Gamble               Harrison             Hines, M.
Keegan               Kelley               Keyserling
Kirsh                Knotts               Lanford
Lee                  Littlejohn           Loftis
Marchbanks           Mason                McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Phillips             Quinn
Rice                 Richardson           Riser
Robinson             Seithel              Sheheen
Simrill              Smith, R.            Stille
Thomas               Townsend             Trotter
Vaughn               Wells                Whipper, L.
Whipper, S.          White                Wilkes
Wilkins              Witherspoon          Wofford
Wright               Young

Total--53

Those who voted in the negative are:

Askins               Baxley               Brown, J.
Cromer               Dantzler             Delleney
Felder               Hallman              Harrell
Harris, J.           Hodges               Jaskwhich
Jennings             Kinon                Klauber
Koon                 Law                  Limbaugh
Limehouse            Lloyd                McAbee
Neilson              Sandifer             Sharpe
Spearman             Stoddard             Stuart
Tripp                Tucker               Waldrop
Whatley              Wilder               

Total--32


Printed Page 3226 . . . . . Wednesday, May 1, 1996

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

H. 4546--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, Witherspoon and Carnell: A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY PROPERTY", DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, AND DEFINE "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2451JM.96), which was adopted.

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

/SECTION 1. Section 58-27-1300 of the 1976 Code, as amended by Act 449 of 1988, is further amended to read:

"Section 58-27-1300. No electrical utility, without the approval of the commission after due hearing and compliance with all other existing requirements of the laws of the State in relation thereto, may sell, assign, transfer, lease, consolidate, or merge its utility property, powers, franchises, or privileges, or any of them, except that any electrical utility which has utility property outside this State, the initial purchase value of which is one million dollars or less, may sell, assign, transfer, lease, consolidate, or merge this out-of-state property without prior approval of the commission. The commission may, at its discretion, hold a hearing on the request of an electrical utility to sell, assign, transfer, lease, consolidate, or merge its utility property, powers, franchises, or privileges, or any of them. An electric utility seeking approval of a


Printed Page 3227 . . . . . Wednesday, May 1, 1996

transfer under this provision shall serve a copy of the application on the South Carolina Consumer Advocate. For purposes of this section, `utility property' shall include property used and useful to provide customers with electric service and which has been properly included in the electric utility's rate base, including construction work in progress or property held to serve future customers. Utility property that has been transferred to nonutility accounts shall continue to be treated as utility property under this provision for five years following the transfer."/

Amend title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22764SD.96), which was adopted.

Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, in Section 58-27-1300 of the 1976 Code as contained in SECTION 1, by striking on line 39, page 4546-1 /initial purchase value/ and inserting /initial purchase value fair market value/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill, as amended, on second reading resulting as follows:

Yeas 91; Nays 0

Those who voted in the affirmative are:

Allison              Anderson             Askins
Baxley               Boan                 Breeland
Brown, H.            Brown, J.            Byrd
Cain                 Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cromer               Dantzler             Delleney
Easterday            Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Hines, J.            Hines, M.
Hodges               Howard               Hutson
Jaskwhich            Jennings             Keegan

Printed Page 3228 . . . . . Wednesday, May 1, 1996

Kelley               Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Mason                McCraw               McKay
McMahand             Meacham              Moody-Lawrence
Neal                 Neilson              Phillips
Quinn                Rice                 Richardson
Riser                Robinson             Sandifer
Seithel              Sharpe               Sheheen
Shissias             Simrill              Smith, R.
Spearman             Stille               Stoddard
Stuart               Thomas               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Whatley
Whipper, L.          Whipper, S.          Wilder
Wilkes               Wilkins              Witherspoon
Wofford              Wright               Young
Young-Brickell       

Total--91

Those who voted in the negative are:


Total--0

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

H. 4785--RECOMMITTED

The following Bill was taken up.

H. 4785 -- Rep. Wells: A BILL TO AMEND CHAPTER 69, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF VETERINARIANS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE


Printed Page 3229 . . . . . Wednesday, May 1, 1996

ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

Rep. DANTZLER moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.

H. 4343--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4343 -- Reps. D. Smith, Littlejohn, Walker, Allison, Haskins, Jennings, Hutson, Cain, Harrison, Vaughn, Wilder, Law, Simrill, Herdklotz, Kirsh, Limbaugh, Gamble, Richardson and Meacham: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1997, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Article VI of the Constitution of South Carolina, 1895, be amended by adding:

"Section 7A. Notwithstanding the provisions of Sections 6 and 7 of this article and Section 12 of Article IV or any other provision of this Constitution, the office of Secretary of State is abolished on July 1, 1997. The functions and duties of the Secretary of State must be devolved in the manner that the General Assembly shall provide by law."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article VI of the Constitution of this State be amended by adding Section 7A so as to abolish the office of Secretary of State on July 1, 1997 and provide that the functions and duties of the office must be devolved in the manner that the General Assembly shall provide by law?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."


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