Journal of the Senate
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 1330, Mar. 27 | Printed Page 1350, Mar. 28 |

Printed Page 1340 . . . . . Thursday, March 28, 1996

S. 1306 -- Senator Giese: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ARREST OF AND BAIL FOR PERSONS APPREHENDED BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR AN OFFICIAL SUMMONS TO BE USED BY THE OFFICERS FOR CERTAIN OFFENSES AND REVISE THE PROVISIONS FOR ARREST AND BAIL.

Read the first time and referred to the Committee on Fish, Game and Forestry.

S. 1307 -- Senator McConnell: A BILL TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A PROBATIONARY SENTENCE, OR IMPOSE A FINE AND A PROBATIONARY SENTENCE FOR CERTAIN OFFENSES, SO AS TO PROVIDE THAT PROBATION IS A FORM OF CLEMENCY; AND TO AMEND SECTION 24-21-430, AS AMENDED, RELATING TO THE CONDITIONS OF PROBATION A COURT MAY IMPOSE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL DEVELOP POLICIES AND PROCEDURES FOR IMPOSING CONDITIONS OF SUPERVISION ON PROBATIONERS.

Read the first time and referred to the Committee on Judiciary.

S. 1308 -- Judiciary Committee: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS OF FAMILY COURT JUDGES, SO AS TO PROVIDE THAT NO FAMILY COURT JUDGE MAY SERVE MORE THAN TWO COMPLETE TERMS; AND TO AMEND SECTION 22-1-10, RELATING TO APPOINTMENT AND TERMS OF MAGISTRATES, SO AS TO PROVIDE THAT NO MAGISTRATE MAY SERVE MORE THAN THREE COMPLETE TERMS.

Read the first time and ordered placed on the Calendar without reference.


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S. 1309 -- Senator Holland: A JOINT RESOLUTION AUTHORIZING A REFERENDUM TO BE HELD AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF PROHIBITING PAYOFFS ON THE OPERATION OF COIN-OPERATED VIDEO GAME MACHINES WITH A FREE PLAY FEATURE IN ANY COUNTY WITH A POPULATION OF NOT LESS THAN FORTY-THREE THOUSAND NOR MORE THAN FORTY-FOUR THOUSAND AS OF THE 1990 UNITED STATES CENSUS.

Read the first time and ordered placed on the local and uncontested Calendar without reference.

H. 4697 -- Rep. Lanford: A CONCURRENT RESOLUTION DESIGNATING BUBBAFEST `96 AND ITS BUBBA-Q COOKOFF CONTEST IN WOODRUFF IN SPARTANBURG COUNTY AS THE KCBS STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE FOR 1996.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4839 -- Reps. Kelley, T. Brown, Keegan, Martin, Thomas, Witherspoon and Worley: A CONCURRENT RESOLUTION RECOGNIZING THE U.S.S. LOWNDES 1996 REUNION IN SOUTH CAROLINA IN MEMORY OF THE DISTINGUISHED SOUTH CAROLINIAN FOR WHOM THIS WORLD WAR II NAVY SHIP WAS NAMED.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4840 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE LADY EAGLES OF SCOTT'S BRANCH HIGH SCHOOL ON WINNING THE 1996 CLASS A UPPER-STATE CHAMPIONSHIP IN GIRLS BASKETBALL.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 4841 -- Reps. Inabinett, Breeland, S. Whipper, Felder, Herdklotz, R. Smith, G. Brown, Stoddard, Kennedy, J. Hines, Townsend, Mason, Rice, Clyburn, Lloyd, Govan, Stuart, T. Brown, Sheheen, Wells, Hutson, Trotter, Riser, Robinson, Askins, Moody-Lawrence, McMahand, Seithel, Baxley, Carnell, Keyserling, Williams, Stille, D. Smith, Delleney, J. Harris, Keegan, Chamblee, Sandifer, Harrell, Whatley, Witherspoon, McCraw, Littlejohn, Phillips, Simrill, Marchbanks, Anderson, Waldrop, Jaskwhich, Easterday, Tripp, Meacham and Wilder: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY


Printed Page 1342 . . . . . Thursday, March 28, 1996

(MAY 2, 1996) AS "LEGISLATIVE FAMILY DAY 1996" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND ASKING EACH MEMBER TO SHOW HIS OR HER APPRECIATION TO THEIR FAMILY MEMBERS AND FRIENDS ON THIS DAY.

Whereas, the families of the members of the General Assembly make tremendous sacrifices when their loved ones go to Columbia week after week during a large part of each year to render legislative services to the people of the State and the citizens of their respective districts who elected them to public office; and

Whereas, these are sacrifices that the families of legislators nobly and willingly make for the good of the State; and

Whereas, the members of the House of Representatives and the Senate should be, and are, truly appreciative of the patience, understanding, and support given them by their loved ones back home and feel strongly that the legislative families deserve recognition and thanks in a very special manner. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, designate the first Thursday in May (May 2, 1996) as "Legislative Family Day 1996" in recognition and appreciation of the patience and understanding shown by the families of the members of the General Assembly and the wonderful support given by these great families to the members as they carry out their legislative duties.

Be it further resolved that each member of the General Assembly shows his or her appreciation in a special way to their family members and friends on "Legislative Family Day 1996".

Referred to the Committee on Invitations.

H. 4846 -- Rep. Gamble: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. THOMAS J. JACKSON OF WEST COLUMBIA UPON HIS DEATH.

The Concurrent Resolution was adopted, ordered returned to the House.


Printed Page 1343 . . . . . Thursday, March 28, 1996

REPORTS OF STANDING COMMITTEES

Senator LAND from the Committee on Transportation submitted a favorable with amendment report on:

S. 1052 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2155 SO AS TO PROVIDE THE CONTENT OF THE SCHOOL BUS RESTRICTED AND SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE TESTS, TO REQUIRE A SCHOOL BUS DRIVER TO COMPLETE INSERVICE TRAINING, TO REQUIRE THE DEPARTMENT OF EDUCATION TO APPROVE THE CONTENT OF THE SCHOOL BUS RESTRICTED AND THE SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE TESTS, TO PROVIDE THE COST FOR TRAINING, PERMITTING, AND TESTING NECESSARY TO OBTAIN A SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE, TO PROVIDE THE FEE STRUCTURE FOR THE SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSE, AND TO REQUIRE APPLICANTS FOR THE SCHOOL BUS OR SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSES TO COMPLETE A MEDICAL EXAM; TO AMEND SECTIONS 56-1-2030, AS AMENDED, 56-1-2050, AS AMENDED, 56-1-2070, 56-1-2080, 56-1-2090, 56-1-2100, AS AMENDED, 56-1-2110, AS AMENDED, AND 56-1-2150 RELATING TO THE SOUTH CAROLINA COMMERCIAL DRIVER LICENSE ACT, SO AS TO INCLUDE DEFINITIONS FOR "SCHOOL BUS DRIVER" AND "INSTRUCTOR OF DRIVER TRAINING AND SAFETY"; TO REQUIRE THE OPERATOR OF A SCHOOL BUS INVOLVED IN A TRAFFIC VIOLATION TO PROVIDE HIS EMPLOYER THIS INFORMATION, AND TO PROHIBIT A SCHOOL BUS DRIVER WHO VIOLATES THIS PROVISION FROM OPERATING A SCHOOL BUS; TO REQUIRE A PERSON WHO OBTAINS A COMMERCIAL DRIVER'S LICENSE TO OPERATE A SCHOOL BUS TO OBTAIN A SCHOOL BUS RESTRICTED OR A SCHOOL BUS ENDORSEMENT COMMERCIAL DRIVER'S LICENSE; TO SPECIFY WHO MAY ADMINISTER THE SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE AND THE SCHOOL ENDORSEMENT FOR A COMMERCIAL DRIVER'S LICENSE SKILLS TEST, AND TO PROHIBIT A SCHOOL BUS DRIVER FROM WAIVING THE SKILLS TESTS; TO REVISE THE FEE A PUBLIC SCHOOL BUS DRIVER MUST PAY TO OBTAIN A SCHOOL BUS RESTRICTED COMMERCIAL DRIVER'S LICENSE, AND TO PROVIDE THE PROCEDURE, THE ISSUANCE, AND


Printed Page 1344 . . . . . Thursday, March 28, 1996

RENEWAL OF COMMERCIAL DRIVER'S LICENSES, SCHOOL BUS DRIVER CERTIFICATIONS, SCHOOL BUS COMMERCIAL DRIVER'S LICENSES, AND SCHOOL ENDORSEMENT COMMERCIAL DRIVER'S LICENSES; TO REQUIRE A PERSON ISSUED A LICENSE WITH A SCHOOL BUS RESTRICTION TO ONLY OPERATE A SCHOOL BUS; TO DISQUALIFY PERSONS WHO HAVE COMMITTED CERTAIN ACTS TO BE DISQUALIFIED FROM OPERATING A SCHOOL BUS; TO PROVIDE THE TESTING A PERSON WHO HAS BEEN ISSUED A COMMERCIAL DRIVER'S LICENSE IN ANOTHER STATE MUST RECEIVE TO BE PERMITTED TO OPERATE A SCHOOL BUS IN THIS STATE, AND TO REQUIRE THE DEPARTMENT OF REVENUE AND TAXATION AND THE DEPARTMENT OF EDUCATION TO DETERMINE WHETHER ANOTHER STATE'S TESTING PROCEDURE IS ACCEPTABLE; AND TO PROVIDE THAT THE TERM "DRIVER LICENSE" SHALL MEAN "DRIVER'S LICENSE" WHEREVER IT APPEARS IN THE CODE AND TO PERMIT THE CODE COMMISSIONER TO MAKE THE APPROPRIATE CHANGES IN THE CODE TO CONFORM WITH THIS PROVISION.

Ordered for consideration tomorrow.

Senator PEELER from the Committee on Fish, Game and Forestry submitted a favorable with amendment report on:

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.

Ordered for consideration tomorrow.

HOUSE CONCURRENCE

S. 1275 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND CAMP DISCOVERY, A NONPROFIT THERAPEUTIC RECREATIONAL CAMP, LOCATED IN BLYTHEWOOD, FOR ITS CONTRIBUTIONS IN BUILDING THE SELF-ESTEEM, INDEPENDENCE, AND AWARENESS OF THE PARTICIPANTS AND CLIENTS IT SERVES, AND TO DECLARE SATURDAY, MARCH 30, 1996, AS "CAMP DISCOVERY DAY" IN SOUTH CAROLINA.

Returned with concurrence.

Received as information.


Printed Page 1345 . . . . . Thursday, March 28, 1996

HOUSE CONCURRENCE

S. 1302 -- Senator Peeler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ROBERT "BOB" PARRIS OF CHEROKEE COUNTY, A PROMINENT CIVIC LEADER AND DEVOTED PUBLIC SERVANT, UPON HIS DEATH.

Returned with concurrence.

Received as information.

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

HOUSE BILL RETURNED

The following House Bill was read the third time and ordered returned to the House with amendments:

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: A BILL 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.

THIRD READING BILLS

The following Bills were read the third time and ordered sent to the House of Representatives:

S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN


Printed Page 1346 . . . . . Thursday, March 28, 1996

AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.

S. 1295 -- Senators Wilson, Moore and Giese: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 1187 -- Senator Passailaigue: A BILL TO AMEND SECTION 13-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE THAT THE AUTHORITY ALSO MAY BE KNOWN AS "THE SCRA"; AND TO AMEND THE 1976 CODE BY ADDING SECTION 13-17-180 SO AS TO ALLOW THE SOUTH CAROLINA RESEARCH AUTHORITY TO ESTABLISH NOT-FOR-PROFIT CORPORATIONS, AND PROVIDE FOR THE POWERS OF THESE CORPORATIONS.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Finance.

The Finance Committee proposed the following amendment (1187R001.JWD), which was adopted:

Amend the bill, as and if amended, page 1, line 38, by adding after the word / corporations / the following:

/, provided, however, that such for-profit corporations are subject to applicable federal and state taxes/

Amend title to conform.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.


Printed Page 1347 . . . . . Thursday, March 28, 1996

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

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.

Senator MARTIN asked unanimous consent to take the Bill up for immediate consideration.

There was no objection.

The Senate proceeded to a consideration of the Bill. The question being the second reading of the Bill.

Senators HOLLAND, MARTIN and LANDER proposed the following amendment (JUD4064.001), which was adopted:

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

/SECTION 1. Section 40-29-20 of the 1976 Code, as last amended by Section 900, Act 181 of 1993, is further amended by adding appropriately numbered items alphabetically to read:

"( ) `Manufactured home contractor' means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration engages in the installation, modification, alteration, or repair to the structural, mechanical, or electrical systems of a manufactured home.

( ) `Manufactured home installer' means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration installs manufactured housing.


Printed Page 1348 . . . . . Thursday, March 28, 1996

( ) `Manufactured home repairer' means a person or entity, other than an employee of a licensed manufactured home retail dealer or person performing a function which the person is licensed to perform, who for valuable consideration modifies, alters, or repairs the structural, mechanical, or electrical systems of a manufactured home."

SECTION 2. The first paragraph of Section 40-29-30 of the 1976 Code, as added by Act 128 of 1989, is amended to read:

"There is created the "Manufactured Housing Board". It is composed of nine ten members who are residents of South Carolina appointed by the Governor for terms of four years, and until their successors are appointed and qualify. Terms of the members are limited to two consecutive four-year terms, except for the manufactured housing manufacturer. The board shall include a manufactured home retail dealer owner, a representative of the fire and casualty insurance business, a full-time employee of a fire department, a manufactured home manufacturer, a representative of the banking and finance business, a registered professional engineer, a licensed manufactured home contractor, installer, or repairer, one member from the general public who must not be associated with any of the other industries represented on the board other than as a minority stockholder, a member from the general public who currently resides in a manufactured home, and a manufactured home retail salesman. The State Fire Marshal shall serve on the board as a consultant and as an ex officio member without vote."

SECTION 3. Section 40-29-100(A) of the 1976 Code, as added by Act 128 of 1989, is amended to read:

"(A) No person may engage in the business of selling, wholesale or retail, as a manufactured home retail dealer, manufactured home retail salesman, manufactured home manufacturer, or manufacturer's representative, in this State without being licensed by the board. No manufactured home contractor may install, modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without being licensed by the board. No manufactured home installer may install manufactured housing without being licensed by the board. No manufactured home repairer may modify, alter, or repair the structural, mechanical, or electrical systems of a manufactured home without being licensed by the board. The license must authorize the holder to engage in the business permitted by the license. All license applications must be accompanied by the required fee and corporate surety bond or other security in the form as prescribed by the board."

SECTION 4. Section 40-29-100(B) of the 1976 Code, as last amended by Section 902, Act 181 of 1993, is further amended to read:


Printed Page 1349 . . . . . Thursday, March 28, 1996

"(B) All licenses must be granted or refused within thirty days after proper and complete application. All licenses expire June thirtieth of each year following the date of issue, unless sooner revoked or suspended; however, the licenses of manufactured home contractors, installers, and repairers expire December thirty-first of each year following the date of issue, unless sooner revoked or suspended. An applicant for licensing shall:

(1) demonstrate financial responsibility as required by regulations of the board;

(2) not have engaged illegally in the licensed classification;

(3) demonstrate familiarity with the regulations adopted by the board concerning the classification for which application is made;

(4) if a corporation, have complied with the laws of South Carolina regarding qualification for doing business in this State or have been incorporated in South Carolina and have and maintain a registered agent and a registered office in this State;

(5) if an individual or partnership, have maintained a residence or street address in South Carolina for at least thirty days before the date of application;

(6) submit proof of registration with the South Carolina Department of Revenue and Taxation and submit a current tax identification number; and

(7) where applicable pass an examination administered by the board in the license classification for which application is made.;

(8) where applicable, complete training as prescribed by the board."

SECTION 5. Section 40-29-100(E) of the 1976 Code, as added by Act 128 of 1989, is amended to read:

"(E) Each A license must be issued in only one person's name who may be the individual owner, stockholder, copartner, manufactured home retail salesman or other representative of a manufactured home manufacturer, manufactured home retail dealer, or other entity required to be licensed. It is the duty of each a manufactured home retail dealer and manufactured home manufacturer to display conspicuously display the licenses in the established place of business. Manufactured home retail salesmen, manufactured home contractors, installers, and repairers, and manufacturer's representatives are required to carry their licenses on their persons at all times when they are doing business in this State, and they must be shown upon request."

SECTION 6. Section 40-29-110 of the 1976 Code is amended by adding at the end:


| Printed Page 1330, Mar. 27 | Printed Page 1350, Mar. 28 |

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