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 7350, May 25 | Printed Page 7370, May 26 |

Printed Page 7360 . . . . . Thursday, May 26, 1994

H. 4681--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

H. 3890--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3890 -- Reps. McAbee, Kelley, Worley, Keegan, Witherspoon and Sturkie: A BILL TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOTELS, MOTELS, RESTAURANTS, AND BOARDING HOUSES, BY ADDING CHAPTER 2, THE LODGING ESTABLISHMENT ACT, SO AS TO GOVERN THE LAWFUL USE OF LODGING ESTABLISHMENTS AND PROVIDE PENALTIES FOR VIOLATIONS.

Rep. McABEE explained the Senate amendment.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 7361 . . . . . Thursday, May 26, 1994

SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3168 -- Rep. Kirsh: A BILL TO AMEND SECTION 30-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR UNLAWFULLY REMOVING, DEFACING, OR DESTROYING A PUBLIC RECORD, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 1196--NON-CONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration.

S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1778
Promulgated By University of South Carolina
Parking and Traffic - Violations, Penalties and Bonds
Received By Speaker May 25, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 1, 1995


Printed Page 7362 . . . . . Thursday, May 26, 1994

R. 485; H. 4919--GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 25, 1994, 1994
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 4919, R-485, an Act:
TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY, PROVIDE FOR THE COMPOSITION OF COMMISSION, AND 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.

This veto is based upon my belief that H. 4919, R-485 of 1994 is an unconstitutional enactment. It is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." The act bearing ratification number 485 of 1994 provides enabling legislation for a Registration and Elections Commission for Oconee County and abolishes the Office of the Commissioners and the Registration Board for Oconee County. Furthermore, there is some question as to whether this legislation, as in all previous legislation of this type, is in violation of Article III, Section 34 of the South Carolina Constitution.

For these reasons, I believe that R-485 is not appropriate for my signature and I am therefore, returning this Act to you without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 3; Nays 0



Printed Page 7363 . . . . . Thursday, May 26, 1994

Those who voted in the affirmative are:
Alexander, T.C.  Chamblee         Graham

Total--3

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The following was introduced:

H. 5232 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING DR. NORMAN P. PEARSON, SR., ON HIS SILVER ANNIVERSARY AS PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH OF WILLIAMSTON. The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 5233 -- Rep. Scott: A HOUSE RESOLUTION TO RECOGNIZE MONICA M. McDANIEL FOR HER MANY CIVIC AND BUSINESS CONTRIBUTIONS TO HER COMMUNITY AND THE STATE OF SOUTH CAROLINA ENHANCING THE LIVES OF MANY SOUTH CAROLINIANS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5234 -- Rep. Keyserling: A HOUSE RESOLUTION TO RECOGNIZE THE JOSEPH GARDNER FAMILY, EARLY INHABITANTS OF WARSAW ISLAND, FOR THEIR MANY CONTRIBUTIONS TO THE ISLAND AND TO CARRYING ON THE TRADITIONS OF ISLAND LIVING AND FOR THEIR MANY PERSONAL, EDUCATIONAL, AND PROFESSIONAL


Printed Page 7364 . . . . . Thursday, May 26, 1994

ACCOMPLISHMENTS AND TO WISH THEM WELL AS THEY GATHER FOR THE GARDNER FAMILY REUNION THE WEEKEND OF MAY 27, 1994.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5235 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY RAIDERS ON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION'S CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5236 -- Reps. J. Brown, Byrd, Corning, Cromer, Harrison, Neal, Quinn, Rogers, Scott, Shissias and Waites: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. JOHN R. STEVENSON OF COLUMBIA FOR HIS EXCELLENT AND DEDICATED SERVICE AS SUPERINTENDENT OF RICHLAND SCHOOL DISTRICT ONE, AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 5237 -- Reps. Sheheen, Wilkins, T.C. Alexander, Boan, Carnell, Hodges, Mattos, McTeer, Neilson, Phillips, Rhoad, Waldrop and Williams: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 2, 1994, AT 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, AND 10, 1994, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS, AND TO


Printed Page 7365 . . . . . Thursday, May 26, 1994

AUTHORIZE THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE TO MEET FOR THE RATIFICATION OF ACTS ON WEDNESDAY, JUNE 8, 1994, TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 10, 1994, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 11:00 A.M. ON MONDAY, JUNE 13, 1994, TO CONTINUE IN SESSION AS NECESSARY UNTIL FRIDAY, JUNE 17, 1994, NOT LATER THAN 5:00 P.M., FOR CERTAIN PURPOSES; AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON OR BEFORE FRIDAY, JUNE 17, 1994, NOT LATER THAN 5:00 P.M., THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 11:00 A.M. ON FRIDAY, JUNE 24, 1994, FOR THE EXCLUSIVE PURPOSE OF CONSIDERING GUBERNATORIAL VETOES AND SHALL CONTINUE IN SESSION THEREAFTER AS NECESSARY FOR THIS PURPOSE TO ADJOURN SINE DIE NO LATER THAN 5:00 P.M. ON TUESDAY, JUNE 28, 1994.

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

That the mandatory SINE DIE adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective houses of the General Assembly adjourn on Thursday, June 2, 1994, at 5:00 p.m., each house shall stand adjourned to meet under the following terms and conditions:

(1) When the respective houses of the General Assembly adjourn on Thursday, June 2, 1994, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 6, 7, 8, 9, and 10, 1994, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation, provided that the President of the Senate and the Speaker of the House are authorized to meet on Wednesday, June 8, 1994, for the ratification of acts which have been enrolled prior to that date;

(2) When the respective houses of the General Assembly adjourn on Friday, June 10, 1994, not later than 5:00 p.m., they shall stand adjourned to meet in statewide session at 11:00 a.m., Monday, June 13, 1994, to continue in session, if necessary, until Friday, June 17, 1994, not later than 5:00 p.m., for the consideration of gubernatorial vetoes, the receipt and/or confirmation of appointments, ratification of acts, consideration of local matters where the affected delegation is unanimous


Printed Page 7366 . . . . . Thursday, May 26, 1994

and the receipt and/or consideration of conference and free conference reports; and

(3) When the respective houses of the General Assembly adjourn on or before Friday, June 17, 1994, not later than 5:00 p.m., they shall stand adjourned to meet in statewide session at 11:00 a.m. on Friday, June 24, 1994, for the exclusive purpose of the consideration of gubernatorial vetoes and shall continue in session thereafter, as necessary, for this purpose to adjourn SINE DIE not later than 5:00 p.m. on Tuesday, June 28, 1994.

The yeas and nays were taken on the adoption of the Resolution resulting as follows:

Yeas 89; Nays 3

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Barber           Baxley
Boan             Brown, H.        Brown, J.
Carnell          Cato             Chamblee
Clyborne         Cromer           Davenport
Delleney         Elliott          Fair
Felder           Gamble           Graham
Harrelson        Harris, J.       Harris, P.
Haskins          Hines            Holt
Huff             Hutson           Inabinett
Jaskwhich        Keegan           Kelley
Keyserling       Kinon            Kirsh
Koon             Lanford          Law
Littlejohn       Marchbanks       Mattos
McAbee           McCraw           McKay
McLeod           McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Richardson       Riser            Robinson
Scott            Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Sturkie          Townsend
Trotter          Tucker           Waites

Printed Page 7367 . . . . . Thursday, May 26, 1994

Waldrop          Walker           Wells
Wilder, D.       Wilder, J.       Wilkins
Witherspoon      Wofford          Worley
Wright           Young, R.

Total--89

Those who voted in the negative are:

Cooper           Fulmer           Hallman

Total--3

So, the Concurrent Resolution was adopted and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 5238 -- Reps. Kennedy, Snow and Harvin: A HOUSE RESOLUTION TO CONGRATULATE THE GREELEYVILLE ELEMENTARY SCHOOL IN WILLIAMSBURG COUNTY UPON RECEIVING A 1994 BLUE RIBBON SCHOOL AWARD FROM THE UNITED STATES DEPARTMENT OF EDUCATION.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5239 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE THE T. L. HANNA YELLOW JACKETS ON WINNING THE SOUTH CAROLINA CLASS AAA HIGH SCHOOL STATE GOLF CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5240 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF LAURA


Printed Page 7368 . . . . . Thursday, May 26, 1994

JAN JONES WATSON OF SPARTANBURG UPON HER UNTIMELY DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5241 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS TRACK TEAM OF T.L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING ITS SECOND CONSECUTIVE STATE TITLE IN CLASS AAA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5242 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING T.L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING THE CLASS AAA BOYS STATE TRACK CHAMPIONSHIP FOR 1994.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5243 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING JOYCE PEEBLES OF PENDLETON HIGH SCHOOL ON HER PHENOMENAL SUCCESS AND CHAMPIONSHIP HONORS AT THE 1994 CLASS AA GIRLS TRACK MEET IN COLUMBIA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5244 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES TO DR. SALLIE


Printed Page 7369 . . . . . Thursday, May 26, 1994

CARTER UPON RECEIVING THE SUSAN B. McWHORTER OUTSTANDING WOMAN PROFESSIONAL AWARD FROM THE ASSOCIATION OF WOMEN PROFESSIONALS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5245 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. JOSEPH E. SUMMEROUR, JR., FOR HIS COMMITMENT TO EXCELLENCE IN EDUCATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5246 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MR. RAYMOND REICH FOR HIS COMMITMENT TO EXCELLENCE IN EDUCATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5247 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING DR. PEGGY CAIN FOR HER OUTSTANDING SERVICE AND COMMITMENT TO PUBLIC EDUCATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5248 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING MAJOR PATTY J. GARRET FOR DEDICATED AND


Printed Page 7370 . . . . . Thursday, May 26, 1994

OUTSTANDING SERVICE TO LAW ENFORCEMENT IN THIS STATE.

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


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