Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 3470, Mar. 15 | Printed Page 3490, Mar. 16 |

Printed Page 3480 . . . . . Tuesday, March 15, 1994

STATEMENT FOR HOUSE JOURNAL

ABSTENTION FROM VOTING

BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

General Subject Matter: PSC Elections

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. TIMOTHY C. WILKES

STATEMENT FOR HOUSE JOURNAL

ABSTENTION FROM VOTING

BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

General Subject Matter: PSC Elections

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. DAVID H. WILKINS

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 2:25 P.M. the House resumed, the SPEAKER in the Chair.

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


Printed Page 3481 . . . . . Tuesday, March 15, 1994

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4907 -- Reps. Neal, Rogers, J. Brown, Corning, Waites, Byrd, Cromer and Shissias: A CONCURRENT RESOLUTION TO RECOGNIZE WILLIAM "BILL" CHAVIS OF GADSDEN FOR HIS OUTSTANDING ACHIEVEMENTS DURING HIS FORTY-ONE YEARS OF LAW ENFORCEMENT SERVICE.

H. 4908 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE MS. LOUISE RODGERS RAVENEL UPON HER RETIREMENT AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., AND TO THANK HER FOR HER TIRELESS EFFORTS ON BEHALF OF SOUTH CAROLINA'S VERY SPECIAL CITIZENS.

ADJOURNMENT

At 2:26 P.M. the House in accordance with the motion of Rep. J. BAILEY adjourned in memory of Morris D. Finkelstein, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 3482 . . . . . Wednesday, March 16, 1994

Wednesday, March 16, 1994

(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:

O God of both nature and of human nature, we lift our thoughts in gratitude for the world You have made: for dawn and sunset, for night and day, for winter and spring, for sunshine and rain.

We are grateful that You have made us as we are: with hands to work and feet to walk, for eyes to see and ears to hear, for minds to think, for memories to recall, for freedom to chose right from wrong. We thank You for friends to encourage us, for loved ones who share our burdens and heal our wounds, and for all who give beauty to life.

Cause us to live to honor Your Name.

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. ANDERSON moved that when the House adjourns, it adjourn in memory of former House member Sara Shelton of Greenwood, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4918 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING ROBERT C. MCCUTCHEN, JR., OF LEE COUNTY FOR HIS OUTSTANDING SERVICE AS ASSISTANT FIRE CHIEF FOR THE BISHOPVILLE CITY FIRE DEPARTMENT AND FOR HIS COMMITMENT TO FIREFIGHTING AND FIRE PREVENTION FOR


Printed Page 3483 . . . . . Wednesday, March 16, 1994

OVER HALF A CENTURY, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1259 -- Senators Patterson, Courson, Giese and Jackson: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE COLUMBIA HOUSING AUTHORITY FOR SIXTY YEARS OF CONTINUOUS AND EXPANDING SERVICES TO THE COMMUNITY AT-LARGE AND ITS SUBSTANTIAL CONTRIBUTIONS TO IMPROVING THE LIVES OF ITS RESIDENTS.

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

INTRODUCTION OF BILLS

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

H. 4919 -- Reps. T.C. Alexander and Graham: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF OCONEE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

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

H. 4920 -- Reps. Rudnick, Stone and Sharpe: A BILL TO AMEND SECTION 50-11-703, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE OF LIGHTS FROM VEHICLES TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 1, SO AS TO INCLUDE GAME ZONE 3.

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

H. 4921 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-17-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 3484 . . . . . Wednesday, March 16, 1994

RELATING TO THE SEASONS AND LIMITS ON SHAD, SO AS TO REVISE THE SEASON ON THE EDISTO RIVER.

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

S. 987 -- Senator Drummond: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE DIVISION OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED PHYSICIAN AND DENTIST OTHERWISE COVERED WHO RECEIVES FEES FROM A PRACTICE PLAN AUTHORIZED BY THE LICENSEE'S EMPLOYER WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 4922 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT BILL SAMS SHALL BE PRESENTED THIS RESOLUTION AND RECOGNIZED FOR HIS SERVICE TO THE VETERANS OF SOUTH CAROLINA ON WEDNESDAY, MARCH 23,


Printed Page 3485 . . . . . Wednesday, March 16, 1994

1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION.

Whereas, the members of the General Assembly learned with regret that Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, retired from this position during the legislative interim; and

Whereas, Bill Sams is a native of West Virginia, an Army veteran who served with distinction in Korea and Vietnam, and he worked in private industry for ten years before joining the Department of Veterans Affairs in 1979; and

Whereas, he became director of the department in 1988, and his many accomplishments during his tenure include the automation of the department, the remodeling and renovation of its offices, the institution of a quarterly veterans newsletter, and the obtaining of federal funding for the construction of the Campbell Veterans Nursing Home; and

Whereas, without question, Bill Sams put the welfare of the veterans of South Carolina above all else, and if South Carolina has ever had a true veterans' advocate, Bill Sams has been it; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this great American and South Carolinian for all he has done for the veterans of this State upon the occasion of his retirement as Director of the Department of Veterans Affairs. Now, therefore,

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

That the members of the General Assembly hereby commend Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, for his outstanding service to the State and its veterans upon the occasion of his retirement from this position during the legislative interim.

Be it further resolved that Bill J. Sams shall be presented this resolution and recognized for his service to the veterans of South Carolina on Wednesday, March 23, 1994, during the joint session of the General Assembly to hear the address of the National Commander of the American Legion.

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


Printed Page 3486 . . . . . Wednesday, March 16, 1994

HOUSE RESOLUTION

The following was introduced:

H. 4923 -- Reps. Barber, J. Bailey, G. Bailey, Breeland, Fulmer, Gonzales, Hallman, Harrell, Holt, Hutson, Inabinett, Whipper, R. Young, H. Brown, Law, Williams, Wofford, Cobb-Hunter and A. Young: A HOUSE RESOLUTION TO CONGRATULATE COACH JOHN KRESSE AND THE COLLEGE OF CHARLESTON MEN'S BASKETBALL TEAM FOR AN OUTSTANDING 1993-94 SEASON AND THE GREAT HONOR OF RECEIVING AN AT-LARGE BID TO THE NCAA BASKETBALL TOURNAMENT AND TO WISH THEM THE BEST OF LUCK IN THE TOURNAMENT.

The Resolution was adopted.

ROLL CALL

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

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, J.       Barber
Beatty           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Carnell          Cato             Cobb-Hunter
Cromer           Delleney         Farr
Fulmer           Gamble           Govan
Graham           Hallman          Harris, J.
Harris, P.       Harrison         Harwell
Haskins          Hines            Holt
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Lanford          Littlejohn       Marchbanks
McAbee           McCraw           McElveen
McKay            McMahand         Meacham
Neal             Neilson          Phillips
Rhoad            Richardson       Riser
Robinson         Rogers           Rudnick
Scott            Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Thomas           Trotter

Printed Page 3487 . . . . . Wednesday, March 16, 1994

Tucker           Vaughn           Waites
Walker           Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Witherspoon      Wofford          Worley
Young, A.
 
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, March 16. J. Michael Baxley Roland S. Corning Michael L. Fair Stephen E. Gonzales William S. Houck, Jr. John G. Felder C.D. Chamblee C. Lenoir Sturkie Douglas E. McTeer, Jr. Dell Baker James N. Law Larry L. Elliott George H. Bailey Robert W. Harrell, Jr. Dave C. Waldrop, Jr. Alma W. Byrd Dewitt Williams Ronald P. Townsend Daniel T. Cooper Richard M. Quinn, Jr. James H. Hodges G. Ralph Davenport, Jr. H. Howell Clyborne, Jr. Bessie Moody-Lawrence James G. Mattos Ralph W. Canty David A. Wright James S. Klauber David H. Wilkins Harry R. Askins Thomas E. Huff C. Alex Harvin, III E.B. McLeod, Jr. Roger M. Young James P. Harrelson Douglas Jennings, Jr.

Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. WELLS a leave of absence for a week.

The SPEAKER granted Rep. ASKINS a temporary leave of absence.

STATEMENTS OF ATTENDANCE

Reps. THOMAS, McLEOD and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 15.


Printed Page 3488 . . . . . Wednesday, March 16, 1994

DOCTOR OF THE DAY

Announcement was made that Dr. Donald Johnson of Charleston is the Doctor of the Day for the General Assembly.

H. 4821--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.

Rep. ROGERS proposed the following Amendment No. 1 (Doc Name L:\h-wm\legis\amend\CAP.001), which was adopted.

Amend the resolution, as and if amended, Section 1, page 2, subsection (7), lines 3-4, by striking

/(a)Community control system

expansion $658,116/

Amend further, Page 2, lines 5-6, opposite /(b)computer/equipment for field offices/ by reducing the line by $1,000,000

Amend further, Page 1, after line 26, by inserting

/school bus parts and fuel $1,658,116/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\h-wm\legis\amend\CAP.008), which was adopted.

Amend the resolution, as and if amended, Section 1, Department of Corrections, Page 2, Line 12, Item 8(d), by striking /Annualization//

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. ROGERS proposed the following Amendment No. 3 (Doc Name L:\h-wm\legis\amend\CAP.007), which was adopted.

Amend the resolution, as and if amended, Section 1, Department of Corrections, Page 2, Line 8, Item 8(a), by striking /Ridgeland Correctional Institution/ and inserting /Turbeville Correctional Institution/


Printed Page 3489 . . . . . Wednesday, March 16, 1994

Amend further, Section 1, Department of Corrections, Page 2, Line 16, Item 8(g), by striking /Turbeville Water and Sewer/ and inserting /Ridgeland Water and Sewer/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. ROGERS proposed the following Amendment No. 5 (Doc Name L:\h-wm\legis\amend\CAP.013), which was adopted.

Amend the resolution, as and if amended, Section 1, Department of Corrections, Page 2, Line 9, item 8(a), opposite /Ridgeland Correctional Institution/ by reducing the amount on line 9 by /$1,174,686/

Amend further, Section 1, Page 2, Line 10, Item 8(b), opposite /Dutchman/Coastal Additions/ by reducing the amount on line 10 by /$575,000/

Amend further, Section 1, Page 2, after line 25, by adding an appropriately numbered item to read:

/Clemson PSA

T. Ed. Garrison Livestock Arena $1,749,686/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

Rep. MOODY-LAWRENCE moved to table the amendment and demanded the yeas and nays, which were not ordered.

The House refused to table the amendment by a division vote of 8 to 46.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. J. HARRIS proposed the following Amendment No. 6 (Doc Name L:\h-wm\legis\amend\CAP.003), which was adopted.

Amend the resolution, as and if amended, Section 2, Page 2, by adding an appropriately numbered paragraph to read:

/(__) Of the 11,000,000 for Public Education Textbooks in item number 4, 1,000,000 shall be used for library media resources within the public school system./

Renumber sections & amend totals/title to conform.


| Printed Page 3470, Mar. 15 | Printed Page 3490, Mar. 16 |

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