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 3620, May 18 | Printed Page 3640, May 18 |

Printed Page 3630 . . . . . Thursday, May 18, 1995

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 691 -- Senator Giese: A BILL TO AMEND SECTION 44-6-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION AND RELEASE OF HEALTH CARE DATA, SO AS TO PROVIDE FOR THE DUTIES OF THE DATA OVERSIGHT COUNCIL; TO DIRECT THE OFFICE OF RESEARCH AND STATISTICS TO PROMULGATE REGULATIONS FOR THE COLLECTION OF INPATIENT AND OUTPATIENT INFORMATION; TO REVISE PROCEDURES FOR RELEASE OF INFORMATION; TO DELETE SPECIFIC INFORMATION TO BE REPORTED AND TO REQUIRE INFORMATION TO BE REPORTED IN ACCORDANCE WITH REGULATIONS; TO REQUIRE CERTAIN FACILITIES PROVIDING OUTPATIENT SERVICES TO REPORT OUTPATIENT INFORMATION; AND TO PROVIDE PENALTIES FOR FAILURE TO REPORT.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3806 -- Reps. Hutson, Meacham, Seithel, Simrill, J. Harris, Knotts, Whatley, Martin, Littlejohn, Wofford, Stille, Limehouse, Stuart, Harrison, Allison, Harwell, Fulmer, Phillips, Davenport, Dantzler, Riser, Vaughn, Fleming, Quinn, Tripp and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2780 SO AS TO PROVIDE FOR AND INCREASE PENALTIES FOR FAILING TO STOP WHEN MEETING OR OVERTAKING A STOPPED SCHOOL BUS; AND TO AMEND SECTION 56-5-2775, AS AMENDED, RELATING TO MISDEMEANOR VIOLATIONS FOR FAILING TO STOP FOR A STOPPED SCHOOL BUS, FOR ILLEGALLY ENTERING INTERSECTIONS AND CROSSWALKS, AND FOR PASSING A VEHICLE AT A RAILROAD CROSSING, SO


Printed Page 3631 . . . . . Thursday, May 18, 1995

AS TO DELETE THE REFERENCE TO FAILING TO STOP FOR A STOPPED SCHOOL BUS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 96 -- Senators McConnell, Rose, Wilson, Giese and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING


Printed Page 3632 . . . . . Thursday, May 18, 1995

TO FRAUDULENT CHECKS OR A VIOLATION OF SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4090 -- Rep. Harrison: A BILL TO ENACT THE FLEA MARKET VENDORS ACT; TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO REQUIRE FLEA MARKET OPERATORS AND FLEA MARKET, TEMPORARY, AND TRANSIENT VENDORS TO MEET CERTAIN REQUIREMENTS TO CONDUCT BUSINESS, TO PROHIBIT THE SALE OF CERTAIN GOODS, AND TO PROVIDE CRIMINAL PENALTIES; TO AMEND SECTION 12-36-520, RELATING TO BOND REQUIREMENTS FOR RETAILERS WITHOUT PERMANENT SALES LOCATIONS, SO AS TO MAKE A BOND OR CASH DEPOSIT MANDATORY RATHER THAN PERMISSIVE; TO AMEND SECTION 16-13-110, AS AMENDED, RELATING TO SHOPLIFTING, SO AS TO AUTHORIZE THAT FINES AND IMPRISONMENT MAY BE DOUBLED FOR A FIFTH OR SUBSEQUENT OFFENSE; AND TO AMEND SECTION 16-13-180, AS AMENDED, RELATING TO RECEIVING STOLEN GOODS, SO AS TO ALSO MAKE IT UNLAWFUL TO REPACKAGE OR DISTRIBUTE REPACKAGED STOLEN GOODS AND TO AUTHORIZE INCREASED FINES FOR THIS OFFENSE AND TO PROVIDE MITIGATING CIRCUMSTANCES.

Ordered for consideration tomorrow.


Printed Page 3633 . . . . . Thursday, May 18, 1995

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 851 -- Senator Leventis: A CONCURRENT RESOLUTION TO CONGRATULATE THE SUMTER HIGH SCHOOL BOYS TRACK TEAM FOR WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP AND TO CONGRATULATE THE SUMTER HIGH SCHOOL GIRLS TRACK TEAM FOR AN EXCELLENT YEAR AND A FINE RUNNER-UP PERFORMANCE AT THE 1995 CLASS AAAA STATE CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 829 -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME U.S. HIGHWAY 527 FROM THE SUMTER COUNTY LINE TO THE WILLIAMSBURG COUNTY LINE IN CLARENDON COUNTY THE JAMES HUGH MCFADDIN HIGHWAY AND TO PLACE APPROPRIATE MARKERS OR SIGNS ON THE HIGHWAY REFLECTING THE DESIGNATION.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 852 -- Senators Mescher and Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE COACH F. GERALD MOODY OF MONCKS CORNER FOR HIS INDUCTION INTO THE SOUTH CAROLINA ATHLETIC COACHES ASSOCIATION HALL OF FAME, AND TO RECOGNIZE HIS LIFELONG PROMOTION OF AND SUCCESSFUL PARTICIPATION IN SOUTH CAROLINA EDUCATION AND ATHLETICS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


Printed Page 3634 . . . . . Thursday, May 18, 1995

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 854 -- Senators Jackson, Courson, Giese, Patterson, Alexander, Bryan, Cork, Courtney, Drummond, Elliott, Ford, Glover, Gregory, Hayes, Holland, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF EASTOVER MAYOR LEWIS N. SCOTT, WHO DIED SUNDAY, MAY 14, 1995.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 4227 -- Rep. Harrell: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY GOVERNMENT, BY ADDING CHAPTER 12 SO AS TO PROVIDE FOR A FEE IN LIEU OF PROPERTY TAXES AND TO PROVIDE THE REQUIREMENTS NECESSARY FOR PROJECTS ELIGIBLE FOR SUCH FEES, INCLUDING, AMONG OTHER THINGS, A MINIMUM INVESTMENT THRESHOLD OF TEN MILLION DOLLARS, AN ASSESSMENT RATIO OF NOT LESS THAN SIX PERCENT, AND A MAXIMUM PERIOD FOR THE FEE OF TWENTY YEARS PLUS EXTENSIONS NOT TO EXCEED A TOTAL OF TWENTY-SEVEN YEARS IN CASES OF PROPERTY PLACED IN SERVICE OVER A PERIOD OF YEARS, AND TO PROVIDE WHICH FEE IN LIEU OF TAXES PROVISIONS ARE AVAILABLE FOR PROJECTS BASED ON THE DATE AGREEMENTS ARE ENTERED INTO AND THE TOTAL AMOUNT OF THE PROJECT INVESTMENT; AND TO AMEND SECTIONS 4-29-68, AS AMENDED, AND 12-7-1220, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES FOR SPECIAL SOURCE REVENUE BOND PROJECTS AND THE TARGETED JOBS STATE INCOME TAX CREDIT, SO AS TO CONFORM THESE


Printed Page 3635 . . . . . Thursday, May 18, 1995

PROVISIONS TO THE FEE IN LIEU OF TAXES OF THE CHAPTER ADDED BY THIS ACT.

Referred to Committee on Ways and Means.

H. 4228 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4229 -- Reps. Klauber, Stille, Carnell and McAbee: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

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

H. 4230 -- Reps. Stoddard, Wilder and Carnell: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

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

H. 4231 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO EMERGENCY MEDICAL SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1848, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4232 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE


Printed Page 3636 . . . . . Thursday, May 18, 1995

BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY MEDICAL ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4233 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 559 -- Senator Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF CASES BEFORE THE FAMILY COURT, BY ADDING SECTION 20-7-1530 SO AS TO PROVIDE FACTORS WHICH MUST BE CONSIDERED IN DETERMINING THE CUSTODY OF MINOR CHILDREN; AND TO ADD SUBARTICLE 2 SO AS TO PROVIDE FOR SPECIAL VISITATION PROVISIONS WHICH A COURT MAY ORDER WHEN AWARDING VISITATION IN CASES INVOLVING DOMESTIC AND FAMILY VIOLENCE.

Referred to Committee on Judiciary.

HOUSE RESOLUTION

On motion of Rep. MEACHAM, with unanimous consent, the following was taken up for immediate consideration:

H. 4234 -- Rep. Meacham: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FORT MILL HIGH SCHOOL "YELLOW JACKETS" MENS TENNIS TEAM OF YORK COUNTY AND ITS COACH FOR WINNING THE 1995 CLASS AAA STATE CHAMPIONSHIP ON WEDNESDAY, MAY 24, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.


Printed Page 3637 . . . . . Thursday, May 18, 1995

Be it resolved by the House of Representatives:

That the Fort Mill High School "Yellow Jackets" Mens Tennis Team of York County and its Coach be extended the privilege of the floor of the House of Representatives on Wednesday, May 24, 1995, at a time to be determined by the Speaker.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4235 -- Rep. Meacham: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORT MILL HIGH SCHOOL "YELLOW JACKETS" MENS TENNIS TEAM OF YORK COUNTY AND ITS COACH FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AAA STATE CHAMPIONSHIP.

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

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison          Anderson         Askins
Bailey           Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Byrd             Cain
Canty            Carnell          Cato
Cave             Chamblee         Clyburn
Cooper           Cotty            Cromer
Dantzler         Davenport        Delleney
Easterday        Fair             Felder
Fleming          Gamble           Govan
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Herdklotz
Hines            Hodges           Howard
Huff             Hutson           Inabinett
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Knotts


Printed Page 3638 . . . . . Thursday, May 18, 1995

Koon             Law              Limbaugh
Limehouse        Littlejohn       Lloyd
Marchbanks       Martin           McAbee
McCraw           McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Neilson          Rhoad            Rice
Richardson       Riser            Robinson
Rogers           Sandifer         Scott
Seithel          Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Thomas
Townsend         Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, S.      White            Wilder
Wilkins          Williams         Witherspoon
Wofford          Wright           Young, A.
Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, May 18. Timothy C. Wilkes Olin R. Phillips B. Hicks Harwell Joseph H. Neal Donald W. Beatty Gilda Cobb-Hunter Richard M. Quinn, Jr. Theodore A. Brown Joseph T. McElveen, Jr. Steve P. Lanford Harold G. Worley

Total Present--117

LEAVES OF ABSENCE

The SPEAKER granted Rep. MASON a leave of absence for the day.

The SPEAKER granted Rep. HARVIN a leave of absence due to representing the State at the Southeastern Compact meeting in Atlanta.

DOCTOR OF THE DAY

Announcement was made that Dr. Coleman Floyd of Florence is the Doctor of the Day for the General Assembly.


Printed Page 3639 . . . . . Thursday, May 18, 1995

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 4215 -- Reps. Cain and Sandifer: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.

H. 4218 -- Rep. McAbee: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.

H. 4219 -- Reps. Carnell, Klauber, McAbee and Stille: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.

H. 3844 -- Rep. Cromer: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF MESNE CONVEYANCES, AND COUNTY TREASURERS, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.

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.


| Printed Page 3620, May 18 | Printed Page 3640, May 18 |

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