Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 3460, May 16 | Printed Page 3480, May 16 |

Printed Page 3470 . . . . . Tuesday, May 16, 1995

Renumber sections to conform.

Amend totals and title to conform.

Rep. SANDIFER explained the amendment.

The amendment was then adopted.

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

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 282 -- Senators Lander and Hayes: A BILL TO AMEND SECTION 25-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED.

Rep. BREELAND explained the Bill.

S. 542 -- Senators McConnell and Passailaigue: A BILL TO RELOCATE THE FOLLY BEACH PUBLIC OYSTER GROUND.

Rep. SEITHEL explained the Bill.

S. 703--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.


Printed Page 3471 . . . . . Tuesday, May 16, 1995

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5988AC.95), which was adopted.

Amend the bill, as and if amended, Section 44-36-10(C), page 2, line 15, by inserting after the /./ /Patient contact following data received from the State Budget and Control Board Office of Research and Statistics must be done in accordance with regulations approved by the South Carolina Data Oversight Council and promulgated by the Office of Research and Statistics./

Amend further, Section 44-36-30(A), page 3, line 42, by inserting after the /./ /For purposes of maintaining this registry, the School of Public Health may access appropriate confidential data reported to the Office of Research and Statistics in accordance with Section 44-6-170./

Amend title to conform.

Rep. BREELAND explained the amendment.

The amendment was then adopted.

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

H. 3373--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley, Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell, Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL ANIMAL HUMANE SOCIETIES.


Printed Page 3472 . . . . . Tuesday, May 16, 1995

Rep. SEITHEL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7486BDW.95), which was adopted.

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

/SECTION 1. Section 47-1-160 of the 1976 Code is amended to read:

"Section 47-1-160. All fines collected upon complaint or information for violation of this chapter shall inure and be paid over must be distributed as follows:

(1) If the prosecution was brought by the township a municipal or county deputy, one-half shall must be paid to him and remaining one-half shall must be paid:
(a) to the local branch or chapter of the South Carolina Society for the Prevention of Cruelty to Animals nonprofit animal humane organization in the municipality or county materially involved in or aiding in the prosecution, as determined by the court, in aid of the benevolent objects for which it was incorporated,; or

(b) if there be is no local branch or chapter of such society organization involved in or aiding in the town or city in which the prosecution took place, to the county for general county purposes; or.

(2) If the prosecution was not brought by the township a municipal or county deputy, one-half shall must be paid to the county in which the prosecution was brought for general county purposes and the remaining one-half shall must be paid (a) to the local branch or chapter of the South Carolina Society for the Prevention of Cruelty to Animals, for the purpose aforesaid, if there be such a branch or chapter in the town or city in which the prosecution took place or (b) if there be no such local branch or chapter, such remaining half shall likewise be paid to the county for general county purposes as provided in subitems (a) and (b) of item (1)."

SECTION 2. This act takes effect upon approval by the Governor and applies to violations occurring before the effective date for which fines have not been distributed and applies to violations occurring after the effective date./

Amend title to conform.

Rep. SEITHEL explained the amendment.

The amendment was then adopted.

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


Printed Page 3473 . . . . . Tuesday, May 16, 1995

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

MOTION REJECTED

Rep. DAVENPORT moved to waive Rule 6.1, which was rejected.

MOTION ADOPTED

Rep. A. YOUNG moved that the House recede until 2:15 P.M., which was adopted.

Further proceedings were interrupted by the House receding.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

LEAVES OF THE HOUSE

The SPEAKER Pro Tempore granted Reps. DELLENEY, THOMAS, D. SMITH and CANTY a leave of the House due to a Judicial Screening Committee meeting.

POINT OF QUORUM

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

RECURRENCE TO THE MORNING HOUR

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

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3717 -- Reps. Carnell, Klauber, McAbee, Stille and Tucker: A CONCURRENT RESOLUTION TO WELCOME AMY HETTICH OF LARAMIE, WYOMING, THE 1995 MISS RODEO USA, TO SOUTH CAROLINA IN CONJUNCTION WITH HER APPEARANCE AT AN UPSTATE RODEO IN MAY AND TO EXTEND TO HER THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, MAY 25, 1995.


Printed Page 3474 . . . . . Tuesday, May 16, 1995

H. 3717--ADOPTED AND SENT TO THE SENATE

On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 3717 -- Reps. Carnell, Klauber, McAbee, Stille and Tucker: A CONCURRENT RESOLUTION TO WELCOME AMY HETTICH OF LARAMIE, WYOMING, THE 1995 MISS RODEO USA, TO SOUTH CAROLINA IN CONJUNCTION WITH HER APPEARANCE AT AN UPSTATE RODEO IN MAY AND TO EXTEND TO HER THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, MAY 25, 1995.

Whereas, Amy Hettich of Laramie, Wyoming, is the current 1995 Miss Rodeo USA; and

Whereas, she is a student at the University of Wyoming, and after winning her first pageant title, the Cheyenne Saddle Club Princess, she claimed numerous other crowns before being named Miss Rodeo USA during the final round of the 25th International Finals Rodeo; and

Whereas, as the official ambassadress of the International Pro Rodeo Association, she travels across the country promoting the sport of the pro rodeo; and

Whereas, Amy Hettich will be in South Carolina in May, 1995, in conjunction with her appearance at a rodeo in the Greenwood area; and

Whereas, the members of the General Assembly, by this resolution, would like to welcome Ms. Hettich to South Carolina and extend to her every best wish during her stay in our State. Now, therefore,

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

That the General Assembly hereby welcomes Amy Hettich of Laramie, Wyoming, the 1995 Miss Rodeo USA, to South Carolina in conjunction with her appearance at an upstate rodeo.

Be it further resolved that in accordance with Rule 10.1 of the Rules of the House of Representatives, Amy Hettich is granted special leave of the House to be admitted to the outer doors of the Chamber, in the Hall, and upon the Floor of the House of Representatives on Thursday, May 25, 1995.

Be it further resolved that a copy of this resolution be presented to Amy Hettich.

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


Printed Page 3475 . . . . . Tuesday, May 16, 1995

S. 753--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE


Printed Page 3476 . . . . . Tuesday, May 16, 1995

CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.

Rep. ROBINSON proposed the following Amendment No. 3, which was adopted.

Amend the bill on page 3, line 38, by striking /1993/ and inserting /1994/.

Amend title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

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

H. 3848--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, May 17, which was adopted.

H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 3955 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION


Printed Page 3477 . . . . . Tuesday, May 16, 1995

50-9-505 SO AS TO AUTHORIZE CERTAIN FISHING ON LAKE ASHWOOD IN LEE COUNTY.

Rep. G. BROWN explained the Bill.

H. 3202--OBJECTIONS

The following Bill was taken up.

H. 3202 -- Rep. Scott: 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 EXTEND THE EXEMPTION ALLOWED THE PROPERTY OF A RELIGIOUS, CHARITABLE, ELEEMOSYNARY, EDUCATION, OR LITERARY SOCIETY TO PROPERTY LEASED BY SUCH ORGANIZATIONS.

Rep. SCOTT explained the Bill.

Reps. MARCHBANKS, HERDKLOTZ, JASKWHICH, WITHERSPOON, KOON, SCOTT and LLOYD objected to the Bill.

H. 3174--OBJECTION WITHDRAWN AND OBJECTIONS

Upon the withdrawal of an objection by Rep. VAUGHN, the following Bill was taken up.

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


Printed Page 3478 . . . . . Tuesday, May 16, 1995

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 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.

Reps. KELLEY, KNOTTS and MOODY-LAWRENCE objected to the Bill.

S. 527--RECALLED FROM THE

COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. KELLEY, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works.

S. 527 -- Senators Passailaigue, McConnell, Richter, Washington, Greg Smith and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND INTERSTATE 526 INTERCHANGE AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "LONNIE HAMILTON III INTERCHANGE".


Printed Page 3479 . . . . . Tuesday, May 16, 1995

S. 526--RECALLED FROM THE

COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. KELLEY, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works.

S. 526 -- Senators Passailaigue, McConnell, Washington, Richter, Greg Smith, Rose and Ford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSTATE 26 AND MEETING STREET EXTENSION CONNECTOR AT NORTH CHARLESTON, SOUTH CAROLINA, AS THE "MINER W. CROSBY CONNECTOR".

OBJECTION TO RECALL

Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 3723 from the Committee on Education and Public Works.

Rep. STUART objected.

OBJECTION TO RECALL

Rep. HUFF asked unanimous consent to recall H. 3900 from the Committee on Judiciary.

Rep. BAXLEY objected.

OBJECTION TO RECALL

Rep. QUINN asked unanimous consent to recall H. 4007 from the Committee on Ways and Means.

Rep. SHEHEEN objected.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3010 from the Committee on Judiciary.

Rep. KNOTTS objected.

OBJECTION TO RECALL

Rep. CAIN asked unanimous consent to recall H. 3263 from the Committee on Ways and Means.

Rep. ROBINSON objected.

MOTION REJECTED

Rep. GOVAN moved that the House recur to the morning hour, which was not agreed to.


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