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 3350, May 7 | Printed Page 3370, May 8 |
Printed Page 3360 . . . . . Tuesday, May 7, 1996
S. 1054--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC SERVICE COMMISSION TO APPROVE CERTAIN TYPES OF PROJECTS WHICH CONSIST OF CERTAIN KINDS OF ELECTRIC GENERATING PLANTS AND PROVIDE THAT THE COMMISSION'S APPROVAL IS NOT NECESSARY FOR PROJECTS FOR TRANSMISSION, DISTRIBUTION, OR TRANSFORMATION OF ELECTRIC POWER AND ENERGY; TO AMEND SECTION 6-23-90, RELATING TO THE RIGHTS AND POWERS OF A JOINT AGENCY, SO AS TO DELETE A REFERENCE TO SECTION 6-23-120, DELETE THE PROVISION WHICH PROVIDES FOR JOINT AGENCIES TO ACQUIRE NOT LESS THAN TEN PERCENT OF RATED CAPACITY FROM AN ELECTRIC SUPPLIER, ADDING A PROVISION FOR JOINT AGENCIES TO NEGOTIATE AND ENTER CONTRACTS WITH ANY PERSON, FIRM, OR CORPORATION, WITHIN OR WITHOUT THE STATE, AUTHORIZING JOINT AGENCIES TO ENTER INTO CONTRACTS MAKING THEM OBLIGATED TO MAKE PAYMENTS REQUIRED BY A CONTRACT WHERE THE FACILITIES FROM WHICH SERVICES ARE PROVIDED ARE COMPLETED, OPERABLE AND OPERATING, AND THAT THESE PAYMENTS ARE NOT SUBJECT TO REDUCTIONS AND ARE NOT CONDITIONED UPON THE PERFORMANCE OR NONPERFORMANCE OF ANY PARTY; TO AMEND SECTION 6-23-170, RELATING TO INVESTMENTS OF A JOINT AGENCY OF MONIES PENDING DISBURSEMENT, SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OR PERSONS AUTHORIZED TO MAKE INVESTMENT DECISIONS ON BEHALF OF JOINT AGENCIES ARE CONSIDERED TO BE TRUSTEES AND SUBJECT

Printed Page 3361 . . . . . Tuesday, May 7, 1996
TO THE PRUDENT INVESTOR STANDARD; AND TO REPEAL SECTION 6-23-120, RELATING TO THE SALE OF EXCESS POWER OR OUTPUT OF A PROJECT NOT THEN REQUIRED BY ANY OF THE MEMBERS OF THE JOINT AGENCY.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2486DW.96), which was adopted.

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

/SECTION 1. Section 6-23-60 of the 1976 Code is amended to read:

"Section 6-23-60. (A) Prior to the proposed acquisition of a project for the generation or transmission of electric power and energy by a joint agency, a petition shall must be filed with the Public Service Commission setting forth such the material as deemed necessary to permit the Public Service Commission to make the determination required by this section. Notice of the filing of such the petition shall must be given by the Public Service Commission once a week for three consecutive weeks in a newspaper of general circulation in the State. A hearing on such the petition shall is to be conducted as provided by law.

(B) The Public Service Commission shall be is authorized to approve or disapprove the proposed acquisition by a joint agency of a project or projects which consists of an electric generating plant or plants and associated facilities designed for, or capable of, operation at a capacity of more than seventy-five megawatts, or which consists of electric transmission lines and associated facilities of a designed operating voltage of one hundred twenty-five kilovolts or more. There is no requirement for approval by the Public Service Commission for a project or projects for other transmission or generating facilities, or for facilities for distribution or transformation, or any of them, of electric power and energy. However, the joint agency may not acquire or purchase projects or capacity if, after the purchase or acquisition, the joint power agency would own, contract for, or control generating resources exceeding one hundred eighty-five percent of the member municipalities historical territorial peak. In determining whether or not it is mutually beneficial to the joint agency and an electric supplier serving the county or counties within which any member municipalities are located, the Public Service Commission shall take into consideration, but shall is not be limited to, the following:

(i)(1) the economies and efficiencies to be achieved in constructing on a large scale, facilities for the generation and transmission of electric power and energy;

Printed Page 3362 . . . . . Tuesday, May 7, 1996
(ii)(2) the municipalities' needs for reserve and peaking capacity and to meet obligations under pooling and reserve-sharing agreements reasonably related to its needs for power and energy to which it is or may become a party;

(iii)(3) the estimated useful life of such the project;

(iv)(4) the estimated time necessary for the planning, development, acquisition, or construction of such the project and the length of time required in advance to obtain, acquire, or construct additional power supplies;

(v)(5) the reliability and availability of existing or alternative power supply sources and the costs of such the existing or alternative power supply sources; and

(vi)(6) the load forecast of capacity of a project and the utilization of such the capacity by the joint agency for a reasonable period of time subsequent to the date of commercial operation of the project.

(C) Any party in interest may appeal the Commission's action pursuant to Sections 58-27-2310 to 58-27-2340 of the 1976 Code."/

Amend title to conform.

Rep. CATO 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 93; Nays 4

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, J.            Byrd
Cain                 Carnell              Cato
Chamblee             Clyburn              Cobb-Hunter
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harrison             Harvin               Haskins
Hines, J.            Howard               Hutson
Jaskwhich            Jennings             Keegan
Kelley               Keyserling           Kinon
Kirsh                Klauber              Knotts
Printed Page 3363 . . . . . Tuesday, May 7, 1996
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Lloyd                Loftis               Mason
McAbee               McCraw               McElveen
McKay                McTeer               Meacham
Moody-Lawrence       Neal                 Neilson
Phillips             Rice                 Richardson
Riser                Robinson             Sandifer
Scott                Seithel              Sheheen
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Townsend             Tripp
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
Whipper, S.          Wilder               Wilkes
Wilkins              Williams             Witherspoon
Wofford              Wright               Young

Total--93

Those who voted in the negative are:

Cooper               Marchbanks           Trotter
Young-Brickell

Total--4

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

Rep. SCOTT moved that the House do now adjourn, which was adopted.

MOTION NOTED

Rep. ROBINSON moved to reconsider the vote whereby H. 4631 was given a second reading and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4995 -- Reps. Knotts, Gamble, Koon, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION TO THANK REBECCA

Printed Page 3364 . . . . . Tuesday, May 7, 1996
WILLIAMS KELLY FOR HER OUTSTANDING DEDICATED LEADERSHIP AND SERVICE AS MAYOR OF SOUTH CONGAREE, SOUTH CAROLINA AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

H. 4996 -- Reps. Martin, Baxley, Allison, Anderson, Askins, Bailey, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO THANK THE HONORABLE PAULA H. THOMAS FOR HER DEDICATED SERVICE, HER SIGNIFICANT CONTRIBUTIONS, AND HER CAPABLE LEADERSHIP IN THE GENERAL ASSEMBLY AND TO WISH HER WELL IN ALL HER FUTURE ENDEAVORS.

ADJOURNMENT

At 4:05 P.M. the House in accordance with the motion of Rep. MEACHAM adjourned in memory of Retha Hodgin of Fort Mill, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 3365 . . . . . Wednesday, May 8, 1996
Wednesday, May 8, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Father God, closing the doors of the world around, we pause at this shrine of prayer in acknowledgement of our dependence upon You and to ask Your blessings. May the mystery of our failures not defeat us, but rather prove to be stepping stones to our better selves. Cleanse our lives of all that blinds our eyes of Yourself. Make us builders of that which makes rough places smooth and deep ruts level, and of bridges of understanding over which eager feet shall pass to and fro for a better world.

And Yours be the power and the glory both now and forevermore. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. MARCHBANKS moved that when the House adjourns, it adjourn in memory of E. Harold Segers of Greenville, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 7, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Washington and Cork of the Committee of Conference on the part of the Senate on S. 1195:

S. 1195 -- Education Committee: 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

Printed Page 3366 . . . . . Wednesday, May 8, 1996
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 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
Printed Page 3367 . . . . . Wednesday, May 8, 1996
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 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.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 7, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Holland and Wilson of the Committee of Free Conference on the part of the Senate on S. 90:

S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION

Printed Page 3368 . . . . . Wednesday, May 8, 1996
OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 7, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 90: Re:(Armed robbery crimes)

S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.
Very respectfully,
President

Received as information.

H. 4600--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 7, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4600:

H. 4600 -- GENERAL APPROPRIATION BILL
Very respectfully,
President

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. H. BROWN, BOAN and ROBINSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Printed Page 3369 . . . . . Wednesday, May 8, 1996
H. 4602--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 7, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4602:

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.
Very respectfully,
President

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. H. BROWN, BOAN and ROBINSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

S. 699---CONFERENCE REPORT ADOPTED

CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 7, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:

/SECTION 1. Section 12-51-90 of the 1976 Code is amended to read:

"Section 12-51-90. The defaulting taxpayer, any grantee from the owner, or any mortgage or judgment creditor may within twelve months from the date of the delinquent tax sale redeem each item of real estate by

| Printed Page 3350, May 7 | Printed Page 3370, May 8 |
Page Finder Index