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 660, Feb. 7 | Printed Page 680, Feb. 8 |

Printed Page 670 . . . . . Wednesday, February 7, 1996

Rep. CATO explained the Bill.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 105; Nays 0

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Baxley               Breeland
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Cain                 Carnell
Cato                 Cave                 Chamblee
Clyburn              Cooper               Cotty
Cromer               Dantzler             Davenport
Easterday            Felder               Fleming
Gamble               Govan                Hallman
Harris, P.           Harvin               Haskins
Herdklotz            Hines, J.            Hines, M.

Printed Page 671 . . . . . Wednesday, February 7, 1996

Hodges               Howard               Hutson
Jaskwhich            Jennings             Keegan
Kelley               Kennedy              Keyserling
Kinon                Kirsh                Klauber
Knotts               Koon                 Lanford
Law                  Lee                  Limbaugh
Limehouse            Littlejohn           Lloyd
Marchbanks           Martin               Mason
McAbee               McCraw               McElveen
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Scott
Seithel              Sharpe               Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Thomas               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Whipper, L.          White                Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

Total--105

Those who voted in the negative are:


Total--0

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

H. 4338--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF


Printed Page 672 . . . . . Wednesday, February 7, 1996

NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

Rep. SHARPE explained the Bill.

The question then recurred to the passage of the Bill.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 61; Nays 33

Those who voted in the affirmative are:

Askins               Bailey               Baxley
Brown, G.            Brown, J.            Carnell
Cato                 Clyburn              Cotty
Cromer               Dantzler             Fulmer
Gamble               Hallman              Harrell
Harris, P.           Harrison             Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Jennings
Keegan               Kelley               Keyserling
Kinon                Knotts               Koon
Lanford              Lee                  Limehouse
Lloyd                McAbee               McCraw
McKay                McTeer               Neilson
Phillips             Quinn                Rhoad
Richardson           Riser                Robinson
Seithel              Sharpe               Shissias
Smith, D.            Smith, R.            Stuart
Tripp                Tucker               Vaughn
White                Wilkes               Wilkins
Witherspoon          Worley               Wright
Young

Total--61

Those who voted in the negative are:

Allison              Brown, T.            Cain
Canty                Davenport            Easterday
Fleming              Harvin               Haskins
Jaskwhich            Kennedy              Kirsh
Klauber              Littlejohn           Marchbanks

Printed Page 673 . . . . . Wednesday, February 7, 1996

Mason                McElveen             Meacham
Moody-Lawrence       Neal                 Rice
Sandifer             Simrill              Spearman
Stille               Stoddard             Thomas
Trotter              Waldrop              Walker
Wilder               Williams             Young-Brickell

Total--33

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

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4566 -- Rep. Anderson: A CONCURRENT RESOLUTION TO COMMEND ARTHUR C. NORZ OF GREENVILLE COUNTY FOR HIS LEADERSHIP IN IMPROVING THE LIVES OF THE PEOPLE OF GREENVILLE COUNTY AND THE STATE OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4567 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO RECOGNIZE THE TOWN OF PORT ROYAL FOR HOSTING THE 1996 PORT ROYAL GOLD CHALLENGE MISTRAL CLASS FOR WINDSURFING AND TO ENCOURAGE THE TOWN TO HAVE ATHLETIC EVENTS SIMILAR TO THE GOLD CHALLENGE IN THE FUTURE.

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


Printed Page 674 . . . . . Wednesday, February 7, 1996

INTRODUCTION OF BILLS

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

H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

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.

Referred to Committee on Ways and Means.

H. 4570 -- Rep. Keyserling: A BILL TO AMEND SECTION 44-96-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WASTE TIRES, SO AS TO INCREASE THE MEMBERSHIP OF THE WASTE TIRE GRANT COMMITTEE BY ADDING THE AUTO RECYCLERS AND DISMANTLERS ASSOCIATION.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4571 -- Reps. Fleming, Sharpe, Bailey, Cain, Phillips, McCraw, Stoddard, Cooper, R. Smith and Sandifer: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH


Printed Page 675 . . . . . Wednesday, February 7, 1996

CAROLINA, 1976, RELATING TO CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO DELETE THE ROLLBACK TAX AND TO IMPOSE A CHANGE OF USE PENALTY IN THE AMOUNT OF TWENTY-FIVE DOLLARS WHEN REAL PROPERTY IS CHANGED FROM AGRICULTURAL USE.

Referred to Committee on Ways and Means.

H. 4572 -- Reps. Fleming and Bailey: A BILL TO AMEND CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALES AND USE TAX, BY ADDING ARTICLE 10 SO AS TO ENACT THE PROPERTY TAX RELIEF SALES TAX ACT WHICH IMPOSES AN ADDITIONAL FOUR PERCENT SALES TAX BEGINNING JULY 1, 1996, TO BE USED TO RETIRE BONDED INDEBTEDNESS AND LEASE-PURCHASE OBLIGATIONS AND FOR CERTAIN AD VALOREM PROPERTY TAX RELIEF; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE MAXIMUM SALES TAX ON ANY TRANSACTION, SO AS TO REVISE THIS MAXIMUM TAX; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO DELETE CERTAIN EXEMPTIONS, REVISE OTHER EXEMPTIONS, AND ADD EXEMPTIONS INCLUDING AN EXEMPTION FOR FOOD PURCHASED LAWFULLY WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD STAMPS; AND TO REPEAL SECTIONS 11-11-330 AND 12-37-251 RELATING TO THE STATE PROPERTY TAX RELIEF FUND AND CHAPTER 10 OF TITLE 4 RELATING TO THE LOCAL OPTION SALES TAX.

Referred to Committee on Ways and Means.

H. 4573 -- Rep. Vaughn: A BILL TO AMEND SECTION 31-6-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS, SO AS TO REVISE THE DEFINITION OF VACANT LAND.

Referred to Committee on Ways and Means.

H. 4574 -- Reps. Wright, Cato, Stuart, Kirsh, Meacham, Richardson, Simrill, Riser and Robinson: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS,


Printed Page 676 . . . . . Wednesday, February 7, 1996

AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4575 -- Reps. Tucker, Shissias, Stuart, Allison, R. Smith, Robinson, Riser and Vaughn: A BILL TO AMEND SECTION 44-23-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN EXAMINER'S REPORT CONCERNING A PERSON'S FITNESS TO STAND TRIAL, SO AS TO NOT PRECLUDE THE COURT FROM ORDERING AN EXAMINATION ON THE QUESTION OF INSANITY OR CRIMINAL RESPONSIBILITY BY AN EXAMINER DESIGNATED BY THE PROSECUTION.

Referred to Committee on Judiciary.

H. 4576 -- Reps. Tucker, Sharpe, Simrill, Shissias, Meacham, Limehouse, Stuart, Richardson, Vaughn, R. Smith, Robinson, Keyserling, Witherspoon, J. Young, Wells, Koon and Riser: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT ENTERING A DWELLING WITHOUT CONSENT AND WITH INTENT TO COMMIT A CRIME AS DEFINED IN SECTION 16-11-312(A) IS A VIOLENT CRIME.

Referred to Committee on Judiciary.

H. 4577 -- Reps. Tucker, R. Smith, Shissias, Stuart, Robinson and J. Young: A BILL TO AMEND SECTION 44-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF A PERSON'S CAPACITY TO STAND TRIAL, SO AS TO PROVIDE THAT THE PROSECUTING OFFICER MAY


Printed Page 677 . . . . . Wednesday, February 7, 1996

DESIGNATE A THIRD EXAMINER TO BE INVOLVED IN CERTAIN EXAMINATIONS.

Referred to Committee on Judiciary.

H. 4578 -- Reps. McAbee and Carnell: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO DELETE THE PROVISION DENYING ACCESS TO THE CONTINGENCY REVOLVING FUND MAINTAINED BY THE STATE BUDGET AND CONTROL BOARD TO INSTITUTIONS OF HIGHER EDUCATION.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 4579 -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO COMMEND LEVON KIRKLAND OF THE TOWN OF LAMAR IN DARLINGTON COUNTY FOR HIS OUTSTANDING ACHIEVEMENTS AS A HIGH SCHOOL AND COLLEGE FOOTBALL PLAYER, ON BECOMING A PROFESSIONAL FOOTBALL PLAYER FOR THE NATIONAL FOOTBALL LEAGUE'S PITTSBURGH STEELERS, AND FOR HIS PERFORMANCE IN SUPER BOWL XXX.

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

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

ADJOURNMENT

At 3:15 P.M. the House in accordance with the motion of Rep. CARNELL adjourned in memory of Mrs. Teresa Gamble and her children, Kristina and Nicholas of Ware Shoals, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 678 . . . . . Thursday, February 8, 1996

Thursday, February 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:

Before we enter into the duties of this day, we pause, Lord, to pray in recognition of Your greatness and to ask Your blessings. Give to each one who labors here a clear mind, a sound judgment, and a steadfast dedication. We ask not that our work load be made lighter, but for strength enough to carry these loads. In our perplexities, counsel us; in our sorrow, comfort us; in our weakness, strengthen us. Set us free from errors and faults that blind us, from fears and doubts that assail us that we may have clear vision of those ideals which call and challenge us to a life of honor and service.

And as we conclude our prayer, we ask that You make us worthy of the past and equal to the present. 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. CROMER moved that when the House adjourns, it adjourn in memory of Sara Niske of Columbia, which was agreed to.

INTRODUCTION OF BILLS

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

H. 4580 -- Reps. Fleming, Knotts, Bailey, Cotty, Cromer, Sandifer, Easterday, Littlejohn, Koon, Stoddard, Herdklotz, Meacham, Robinson, Haskins, Quinn, Law, Fulmer, Wright, Cato, Davenport, McKay and Limbaugh: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM


Printed Page 679 . . . . . Thursday, February 8, 1996

SCHOOL OPERATING MILLAGE AN AMOUNT EQUAL TO FIVE THOUSAND DOLLARS OF THE FAIR MARKET VALUE OF ALL PRIVATE PASSENGER MOTOR VEHICLES AND TRUCKS WITH AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS WHEN REGISTERED TO AN INDIVIDUAL FOR PERSONAL USE.

Referred to Committee on Ways and Means.

H. 4581 -- Reps. J. Harris, Baxley and Jennings: A BILL TO AMEND ACT 205 OF 1993, RELATING TO THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ON THE BOARD SHALL BE FILLED.

On motion of Rep. J. HARRIS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4582 -- Reps. Wilkins, Wofford, Waldrop, Trotter and Wilder: A BILL TO ENACT THE OMNIBUS HIGHWAY SAFETY ACT BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS AN ALCOHOL CONCENTRATION IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY; BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE FOR AN ADMINISTRATIVE DRIVER'S LICENSE AND PERMIT REVOCATION PROCEDURE FOR A PERSON ARRESTED WHILE DRIVING UNDER THE INFLUENCE OF ALCOHOL OR ANOTHER SUBSTANCE; BY AMENDING SECTION 56-1-10, AS AMENDED,


Printed Page 680 . . . . . Thursday, February 8, 1996

RELATING TO DEFINITIONS FOR PURPOSES OF MOTOR VEHICLE LAWS, SO AS TO DEFINE "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF COMMERCIAL DRIVER'S LICENSES, SO AS TO DELETE THE DEFINITION FOR "ALCOHOL" AND "ALCOHOL CONCENTRATION"; BY AMENDING SECTION 56-5-2930, RELATING TO THE UNLAWFUL USE OF NARCOTICS, LIQUOR, DRUGS, OR SIMILAR SUBSTANCES BY A MOTOR VEHICLE DRIVER, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A PERSON MAY NOT OPERATE A MOTOR VEHICLE; BY AMENDING SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS ON A MOTOR VEHICLE OPERATOR, SO AS TO REVISE THE PROCEDURE FOR UTILIZING THE TEST RESULTS, TO DELETE THE DRIVER'S LICENSE AND PERMIT SUSPENSION PROCEDURE, AND TO MAKE TECHNICAL CHANGES; AND BY AMENDING SECTION 56-5-6540, RELATING TO ENFORCEMENT AND PENALTIES FOR FAILING TO WEAR A SAFETY BELT, SO AS TO INCREASE THE FINE FROM TEN TO TWENTY-FIVE DOLLARS, AND TO AUTHORIZE ENFORCEMENT OF SAFETY BELT VIOLATIONS IN THE ABSENCE OF OTHER VIOLATIONS.

Referred to Committee on Judiciary.


| Printed Page 660, Feb. 7 | Printed Page 680, Feb. 8 |

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