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 1240, Mar. 2 | Printed Page 1260, Mar. 6 |

Printed Page 1250 . . . . . Friday, March 3, 1995

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.

ADJOURNMENT

At 10:20 A.M. the House in accordance with the motion of Rep. H. BROWN adjourned to meet at 11:00 A.M., Monday, March 6, in Statewide Session.

* * *


Printed Page 1251 . . . . . Monday, March 6, 1995

Monday, March 6, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Heavenly Father, we thank You for Your nearness, Your love and Your forgiveness. In our problems, counsel us; in our sorrows, comfort us; in our strength, discipline us; in our weakness, sustain us. Set our plans free from errors and faults that blind, and from doubts and fears which assail us that thus we may have a clear vision of those ideals which call and challenge us to a life of honor and service. May we discharge the duties of this day with vigor and enthusiasm. Inspire within us an ever increasing devotion to things that matter most.

Make us, we pray, worthy of the past and equal to the present. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. BAILEY moved that when the House adjourns, it adjourn in memory of James L. "Jimmy" Bryant of Rosinville, which was agreed to.


Printed Page 1252 . . . . . Monday, March 6, 1995

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

March 5, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

As coordinator of The Columbia Prayer Committee I would like to request that the House Committee on Invitations include an invitation in its schedule of events.

The Columbia Prayer Committee will be hosting a reception/talk for Dr. William Lane Craig from 9:00 - 10:00 A.M. on Thursday, March 23, 1995. This reception will be in the board room of the Lt. Governor's office in the State House. All of the members of the General Assembly are invited to hear Dr. Craig address the topic "Why We Need God For A Basis Of Moral Absolutes." Refreshments will be provided.

This event is endorsed by Senator Joe Wilson and Rep. Terry Haskins.

Thank you for your consideration of this request. I look forward to hearing from you.

Sincerely,
Lee Adams
Executive Director
Frontline Ministries

CONCURRENT RESOLUTION

The following was introduced:

H. 3747 -- Reps. Harvin and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA TUITION GRANTS PROGRAM ON ITS SILVER ANNIVERSARY AND COMMENDING THIS PROGRAM FOR ITS EXCELLENT WORK.

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


Printed Page 1253 . . . . . Monday, March 6, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 3748 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JASON DOOLEY OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3749 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING ARTHUR ELLIOTT HOLMAN, JR., OF ANDERSON COUNTY ON BEING CHOSEN "SMALL BUSINESS PERSON OF THE YEAR" BY THE ANDERSON AREA CHAMBER OF COMMERCE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 591 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION TO COMMEND DR. G. B. HODGE OF SPARTANBURG FOR HIS TWENTY-EIGHT YEARS OF DEVOTED SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG, UPON HIS RESIGNATION AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO DESIGNATE DR. HODGE AS CHAIRMAN EMERITUS OF THE COMMISSION.

Whereas, the members of the General Assembly learned with deep regret that Dr. G. B. Hodge of Spartanburg has resigned as chairman of the Spartanburg County Commission for Higher Education; and

Whereas, the Spartanburg County Commission for Higher Education acts as the advisory board for USC-Spartanburg, and throughout its existence has ensured the growth and development of one of this state's very fine regional institutions of higher learning; and


Printed Page 1254 . . . . . Monday, March 6, 1995

Whereas, both the Commission for Higher Education and USCS were founded in 1967, and Dr. Hodge has served both faithfully since their inception; and

Whereas, as chairman of the commission, he has been the person most responsible for the excellent institution which USCS has become and his contributions include the securing of the institution's new physical plant, the development of a rigorous academic curriculum including the introduction of graduate studies and masters programs, and the acquisition of new leadership for the university which will help it continue to move forward; and

Whereas, Dr. Hodge is a native of Spartanburg, a graduate of Wofford College and the Vanderbilt University School of Medicine, and since 1948 has engaged in the private practice of general, thoracic, and cardiovascular surgery in Spartanburg, and in the process became one of the most respected members of the Spartanburg medical community and its first board certified surgeon; and

Whereas, the General Assembly, by this resolution, would like to publicly recognize and thank this truly outstanding man for his contributions to the university which he loves so much and for his other contributions to the Spartanburg community, not only as a leader in education, but in medicine and other civic endeavors as well. Now, therefore,

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

That the members of the General Assembly commend Dr. G. B. Hodge of Spartanburg for his twenty-eight years of devoted service to the University of South Carolina-Spartanburg upon his resignation as chairman of the Spartanburg County Commission for Higher Education.

Be it further resolved that Dr. Hodge is hereby designated Chairman Emeritus of the Spartanburg County Commission for Higher Education.

Be it further resolved that a copy of this resolution be forwarded to
Dr. Hodge.

The Concurrent Resolution was returned to the Senate with concurrence.


Printed Page 1255 . . . . . Monday, March 6, 1995

INTRODUCTION OF BILLS

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

H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.

Without reference.

H. 3750 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 50-17-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS AUTHORIZED FOR TRAWLING SHRIMP.

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

H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3752 -- Rep. Wright: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DETERMINATION OF EARNABLE COMPENSATION FOR ESTABLISHING CREDIT FOR MILITARY SERVICE AND TO DELETE AN OBSOLETE PROVISION.

Referred to Committee on Ways and Means.


Printed Page 1256 . . . . . Monday, March 6, 1995

H. 3753 -- Rep. P. Harris: A BILL TO AMEND SECTION 9-9-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING CREDITED SERVICE IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ALLOW ACTIVE DUTY SERVICE IN THE SOUTH CAROLINA NATIONAL GUARD TO BE ESTABLISHED IN THE MANNER THAT MILITARY SERVICE MAY BE ESTABLISHED.

Referred to Committee on Ways and Means.

S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

Referred to Spartanburg Delegation.

ROLL CALL

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

Allison          Anderson         Askins
Bailey           Boan             Breeland
Brown, H.        Brown, J.        Brown, T.
Byrd             Cain             Carnell
Cato             Cave             Clyburn
Cobb-Hunter      Cooper           Cotty
Cromer           Dantzler         Easterday
Elliott          Fair             Fleming
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, J.
Harris, P.       Harwell          Herdklotz
Hines            Hodges           Howard
Huff             Hutson           Inabinett
Jaskwhich        Keegan           Kelley
Keyserling       Kinon            Kirsh
Knotts           Koon             Lanford
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Mason
McAbee           McCraw           McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Phillips         Quinn
Rhoad            Rice             Richardson


Printed Page 1257 . . . . . Monday, March 6, 1995

Riser            Sandifer         Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stuart
Thomas           Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      White            Wilder
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Monday, March 6. F.G. Delleney, Jr. C.D. Chamblee Kenneth Kennedy J. Michael Baxley James N. Law Alfred B. Robinson, Jr. Timothy F. Rogers John G. Felder Jackson S. Whipper Denny W. Neilson James H. Harrison James S. Klauber Timothy C. Wilkes Ronald P. Townsend G. Ralph Davenport, Jr. L. Morgan Martin Grady A. Brown Joseph T. McElveen, Jr. Ralph W. Canty Dewitt Williams Terry E. Haskins C. Alex Harvin, III Donald W. Beatty Douglas Jennings, Jr. Woodrow M. McKay Eugene C. Stoddard

Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. McKAY a temporary leave of absence due to an accident.

MOTION ADOPTED

Rep. H. BROWN moved that H. 3690, the Supplemental Appropriation Bill from surplus from 1994-95, be set for Special Order immediately after second reading of H. 3362, the General Appropriation Bill, and continue each day thereafter until given a second reading, which was agreed to.


Printed Page 1258 . . . . . Monday, March 6, 1995

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3690, the Supplemental Appropriation Bill from surplus from 1994-95, the Bills on the Calendar be printed by number only, which was agreed to.

ORDERED TO THIRD READING

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

H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.

S. 48--POINT OF ORDER

The following Bill was taken up.

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE


Printed Page 1259 . . . . . Monday, March 6, 1995

AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

Rep. H. BROWN moved to adjourn debate upon the Bill.

Rep. SHEHEEN moved to table the motion, which was agreed to.

POINT OF ORDER

Rep. FAIR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 3736--POINT OF ORDER

The following Bill was taken up.

H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

Rep. H. BROWN explained the Bill.

POINT OF ORDER

Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. J. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.


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