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 4850, May 30 | Printed Page 4870, June 12 |

Printed Page 4860 . . . . . Thursday, May 30, 1996

(R480) H. 3987 -- Reps. Townsend and Cooper: AN ACT TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT, TO REVISE THE FEES, AND TO PROVIDE THAT THIS PROVISION DOES NOT EXEMPT FARM VEHICLES FROM CERTAIN GROSS WEIGHT-AXLE REQUIREMENTS.

(R481) H. 3992 -- Rep. Cobb-Hunter: AN ACT TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO REQUIRE CERTAIN COURT PAPERS TO BE SERVED WITHOUT A FEE BEING CHARGED AND AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

(R482) H. 4101 -- Reps. Witherspoon and Riser: AN ACT TO AMEND SECTION 46-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE AGRICULTURAL COMMODITIES MARKETING ACT, SO AS


Printed Page 4861 . . . . . Thursday, May 30, 1996

TO DELETE THE PROVISION EXEMPTING TOBACCO FROM THE DEFINITION OF AN "AGRICULTURAL COMMODITY".

(R483) H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: AN ACT TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT AND TO DELETE THE REQUIREMENT THAT A DELINQUENT DEBT BE A "LIQUIDATED" SUM.

(R484) H. 4522 -- Reps. Allison, Wells, Littlejohn, Walker and Lee: AN ACT TO AMEND SECTION 20-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR FILING A PETITION; AND TO AMEND SECTION 20-4-60, RELATING TO ORDERS FOR PROTECTION, SO AS TO PROHIBIT GRANTING A MUTUAL ORDER OF PROTECTION EXCEPT UNDER CERTAIN CONDITIONS.

(R485) H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

(R486) H. 4589 -- Reps. Limehouse, Hallman, Cotty, Hutson, Fulmer, Felder, Knotts and Witherspoon: AN ACT TO AMEND SECTION


Printed Page 4862 . . . . . Thursday, May 30, 1996

56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DEATH OR PERSONAL INJURY, SO AS TO REVISE THE PENALTY; AND TO AMEND SECTION 56-5-1220, RELATING TO THE DUTIES OF A DRIVER INVOLVED IN AN ACCIDENT RESULTING IN DAMAGE TO AN ATTENDED VEHICLE, SO AS TO REVISE THE PENALTY.

(R487) H. 4637 -- Reps. Townsend, Allison, Howard and Wright: AN ACT TO AMEND CHAPTER 125, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINTHROP UNIVERSITY, BY DESIGNATING SECTIONS 59-125-10 THROUGH 59-125-120 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS", AND BY ADDING ARTICLE 3 ENACTING THE WINTHROP UNIVERSITY FACILITIES REVENUE BOND ACT SO AS TO PROVIDE AUTHORITY FOR THE UNIVERSITY TO ISSUE REVENUE BONDS TO ACQUIRE, CONSTRUCT, RENOVATE, AND EQUIP CERTAIN REVENUE-PRODUCING FACILITIES, AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH THESE BONDS MAY BE ISSUED, INCLUDING THOSE REVENUES THAT MAY BE PLEDGED FOR THEIR REPAYMENT.

(R488) H. 4663 -- Rep. Tucker: AN ACT TO AMEND SECTION 18-1-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF BAIL FOR A DEFENDANT APPEALING A CONVICTION, SO AS TO MAKE THE GRANTING OF BAIL DISCRETIONARY FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES.

(R489) H. 4699 -- Reps. Stuart, Wilkins and Harrison: AN ACT TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".

(R490) H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS, SO AS TO EXTEND


Printed Page 4863 . . . . . Thursday, May 30, 1996

THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.

(R491) H. 4727 -- Rep. Witherspoon: AN ACT TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE TAKING OF STRIPED BASS LESS THAN TWENTY-ONE INCHES UNDER CERTAIN CONDITIONS, SO AS TO FURTHER PROVIDE FOR THOSE RIVERS, RESERVOIRS, AND THEIR TRIBUTARIES WHERE IT IS UNLAWFUL TO TAKE OR POSSESS STRIPED BASS LESS THAN TWENTY-ONE INCHES.

(R492) H. 4774 -- Rep. Fulmer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.

(R493) H. 4779 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK (SUPERB) SITE REHABILITATION AND FUND ACCESS REGULATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1915, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R494) H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: AN ACT TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION


Printed Page 4864 . . . . . Thursday, May 30, 1996

FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.

(R495) H. 4973 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, RELATING TO CONTROL OF VESSELS DURING DOCKING AND UNDOCKING OPERATIONS; INCREASE IN REGISTRATION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1910, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R496) H. 5028 -- Reps. Neilson, Baxley and J. Hines: AN ACT TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY TO DETERMINE IF THE ELECTORS VOTING IN THE REFERENDUM FAVOR A TWO MILL TAX LEVY TO BE USED EXCLUSIVELY FOR THE RENOVATION AND OPERATION OF THE CENTER, AND PROVIDE THAT THE MILLAGE MUST BE REMOVED AFTER A TEN-YEAR PERIOD.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5085 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING THE HONORABLE SCOTT HEAD RICHARDSON FOR OUTSTANDING AND DISTINGUISHED SERVICE IN THE HOUSE OF REPRESENTATIVES UPON LEARNING HE WILL NOT SEEK RE-ELECTION TO THE HOUSE OF REPRESENTATIVES AND


Printed Page 4865 . . . . . Thursday, May 30, 1996

EXTENDING BEST WISHES AS HE EMBARKS ON NEW ENDEAVORS AND CHALLENGES.

H. 5086 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION HONORING THE HONORABLE DOUGLAS EVANS McTEER, JR., OF HAMPTON COUNTY FOR HIS DEDICATED AND DISTINGUISHED EIGHTEEN YEARS OF CONTINUOUS SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND ON THE OCCASION OF HIS RETIREMENT FROM THIS LEGISLATIVE BODY.

H. 5088 -- Reps. Townsend and Wilkins: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO THE HONORABLE MICHAEL F. JASKWHICH OF GREENVILLE COUNTY ON THE ANNOUNCEMENT OF HIS RETIREMENT AND TO THANK HIM FOR HIS DEDICATED LEADERSHIP QUALITIES AND EFFORTS ON BEHALF OF THE CITIZENS OF THE STATE OF SOUTH CAROLINA.

H. 5090 -- Rep. Cain: A CONCURRENT RESOLUTION TO RECOGNIZE WALHALLA HIGH SCHOOL IN OCONEE COUNTY FOR THE HONOR OF BEING SELECTED AS A "NEW AMERICAN HIGH SCHOOL" FROM AMONG THREE HUNDRED SCHOOLS NOMINATED NATIONWIDE, AND TO CONGRATULATE AND COMMEND MR. JOHN H. HOSTETLER, PRINCIPAL OF WALHALLA HIGH SCHOOL, FOR HIS OUTSTANDING LEADERSHIP AND FOR THE DEDICATION AND COMMITMENT TO EXCELLENCE DEMONSTRATED BY MR. HOSTETLER AND HIS FACULTY IN ATTAINING THIS EXCEPTIONAL ACHIEVEMENT.

H. 5091 -- Reps. Lloyd, Inabinett, Cobb-Hunter and White: A CONCURRENT RESOLUTION TO THANK OUR FRIEND AND COLLEAGUE THE HONORABLE WILLIAM D. "BILLY" KEYSERLING FOR HIS UNWAVERING COMMITMENT AND LOYAL SERVICE TO THE HOUSE OF REPRESENTATIVES AND TO EXTEND BEST WISHES ON THE OCCASION OF HIS RETIREMENT FROM THE GENERAL ASSEMBLY.


Printed Page 4866 . . . . . Thursday, May 30, 1996

ADJOURNMENT

At 8:00 P.M. the House in accordance with the motion of Rep. LIMBAUGH adjourned in memory of J.R. Bryan Jackson of Florence and in accordance with H. 5041, the Sine Die Adjournment Resolution, adjourned to meet in Local Session tomorrow and in Statewide Session on Wednesday, June 12, at 11:00 A.M.

* * *


Printed Page 4867 . . . . . Friday, May 31, 1996

Friday, May 31, 1996

(Local 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:

Almighty God, good and gracious to all Your children, draw near to us now and remain with us throughout this day and always. Keep us secure when we are in the right path, correct us when we are mistaken, pick us up when we fall, cause us to grow in the stature of true discipleship. Help us to tackle old problems with wisdom, new ones with determination. Remind us often of Your invisible but constant presence, urging us the right way to go. Make of us good stewards of Your blessings.

Grant that during the hushed and holy moment of this prayer we may be inspired to grow throughout this day in the direction of God's expectation of us.

Hear our prayer, our Father, made in praise and thanksgiving. Amen.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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.

S. 1037 -- Senators Leventis and Washington: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO REDUCE THE PENALTY FROM A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH, TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH.


Printed Page 4868 . . . . . Friday, May 31, 1996

ADJOURNMENT

At 10:15 A.M. the House in accordance with H. 5041, the Sine Die Adjournment Resolution, adjourned to meet in statewide session on Wednesday, June 12, at 11:00 A.M.

* * *


Printed Page 4869 . . . . . Wednesday, June 12, 1996

Wednesday, June 12, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

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

We thank You, Heavenly Father, for the constancy of Your care which follows us wherever we are and whatever we do. As You have been with us during the past few days in our Districts, enable us to claim Your guidance as we return to this Legislative forum. Cause us to hear Your voice as it comes to us through our consciences. Make us to listen to this Your voice, Lord God, with the same alertness with which we listen to the voice of the ballot box.

Hear us in this our prayer, made to an ever present and never changing God. 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 Friday, May 31, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. BAILEY moved that when the House adjourns, it adjourn in memory of Monya Bailey Campbell, sister of Rep. BAILEY of Mary Ester, Florida, which was agreed to.

H. 3446--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 30, 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. 3446:

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE


Printed Page 4870 . . . . . Wednesday, June 12, 1996

DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Very respectfully,
President


| Printed Page 4850, May 30 | Printed Page 4870, June 12 |

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