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 1770, Mar. 15 | Printed Page 1790, Mar. 15 |

Printed Page 1780 . . . . . Wednesday, March 15, 1995

/Be it further resolved that immediately following the election of all judges, the General Assembly shall elect successors to members of the Legislative Audit Council./

Amend title to conform.

The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.

INTRODUCTION OF BILLS

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

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

Referred to Committee on Judiciary.

H. 3807 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-55 SO AS TO PERMIT THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT OF THIS STATE TO EMPLOY AS THE SUPERINTENDENT OF THE DISTRICT A PERSON WHO IN ITS OPINION IS A PERSON OF OUTSTANDING EXPERIENCE WITH A DISTINGUISHED WORK AND ACADEMIC RECORD, AND TO PROVIDE THAT THIS PERSON IS NOT REQUIRED TO BE CERTIFIED AS A SCHOOL SUPERINTENDENT OR HAVE THE REQUISITE QUALIFICATIONS REQUIRED BY LAW FOR SCHOOL SUPERINTENDENTS IN SOUTH CAROLINA.

Referred to Committee on Education and Public Works.


Printed Page 1781 . . . . . Wednesday, March 15, 1995

H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.

Referred to Committee on Labor, Commerce and Industry.

H. 3809 -- Reps. Witherspoon, Keegan, Kelley and Koon: A BILL TO AMEND SECTION 50-11-1920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS.

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

H. 3810 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-100 SO AS TO PROHIBIT A GOVERNMENTAL ENTITY FROM SELLING AN AGRICULTURAL OR HORTICULTURAL PRODUCT, DEFINE TERMS, AND PROVIDE EXCEPTIONS.

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

H. 3811 -- Reps. Lloyd, Byrd, R. Smith, Sharpe, Cobb-Hunter, Simrill, Littlejohn, Felder, White, Inabinett, L. Whipper, Shissias, Moody-Lawrence, Breeland, Clyburn, Fleming, T. Brown, J. Harris, Keyserling, Robinson, Hutson, Seithel, Beatty, Anderson, Cave, Lanford, Canty and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-5-304 SO AS TO PROHIBIT THE NAME, ADDRESS, OR TELEPHONE NUMBER OF ANY STUDENT ENROLLED AT A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY OF THIS STATE TO BE DISCLOSED WITHOUT PERMISSION TO ANOTHER PERSON OR ENTITY IF THAT PERSON OR ENTITY WILL USE THIS INFORMATION TO OFFER THE STUDENT A CREDIT CARD, DEBIT CARD, OR OTHER TYPE OF CREDIT ARRANGEMENT.

Referred to Committee on Labor, Commerce and Industry.


Printed Page 1782 . . . . . Wednesday, March 15, 1995

H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

Referred to Committee on Judiciary.

H. 3813 -- Rep. J. Harris: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO AMEND SECTIONS 61-3-710, 61-5-70, AND 61-9-310, ALL AS AMENDED, RELATING TO PERMITTING AND LICENSING PERIODS FOR BEER, WINE, AND ALCOHOLIC BEVERAGES, SO AS TO PROVIDE FOR PRORATED FEES FOR BEER AND WINE PERMITS, AND TO DELETE OBSOLETE PROVISIONS; AND TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES.

Referred to Committee on Labor, Commerce and Industry.

H. 3814 -- Reps. Scott, Inabinett, Neal, Harwell, Breeland, White, Moody-Lawrence, Govan, Williams, Clyburn, Lloyd, Byrd and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-10-108 SO AS TO PROVIDE THAT, WITH RESPECT TO MORTGAGE LOANS, A BORROWER MAY SELECT THE MORTGAGE COMPANY OF HIS CHOICE WITHOUT RESTRICTION, AND IMPOSE A CIVIL


Printed Page 1783 . . . . . Wednesday, March 15, 1995

PENALTY ON A SELLER OF REAL PROPERTY WHO PRESSURES OR ATTEMPTS TO PRESSURE THE PURCHASER-BORROWER TO SEEK THE MORTGAGE LOAN FOR THE PROPERTY FROM THE MORTGAGE COMPANY PREFERRED BY THE SELLER.

Referred to Committee on Labor, Commerce and Industry.

S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.

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

S. 207 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.

Referred to Committee on Judiciary.

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


Printed Page 1784 . . . . . Wednesday, March 15, 1995

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3783 -- Reps. Cotty, Sheheen, Boan and Baxley: A CONCURRENT RESOLUTION COMMENDING JOHN STRAIT, MANAGER OF THE E. I. DUPONT DE NEMOURS PLANT IN CAMDEN, DR. HERBERT C. ROBBINS, PRESIDENT OF CENTRAL CAROLINA TECHNICAL COLLEGE, THE CENTRAL CAROLINA TECHNICAL COLLEGE COMMISSION MEMBERS, AND CATHY HARVIN, CENTER DIRECTOR, FOR THEIR EFFORTS IN ESTABLISHING THE UNIQUE AND OUTSTANDING "COLLEGE AT WORK" PROGRAM AT THE DUPONT PLANT SITE IN CAMDEN.

H. 3797 -- Reps. T. Brown and Thomas: A CONCURRENT RESOLUTION CONGRATULATING THE ANDREWS YELLOW JACKETS BOYS BASKETBALL TEAM OF GEORGETOWN COUNTY ON WINNING THE 1995 STATE CLASS AA BASKETBALL CHAMPIONSHIP AND COMPLETING AN UNDEFEATED SEASON.

H. 3799 -- Reps. Gamble, Cobb-Hunter, Stuart, Govan, Felder and Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. H. FILMORE MABRY OF ORANGEBURG, RETIRED CHIEF EXECUTIVE OFFICER OF THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES, UPON HIS DEATH.

H. 3800 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROGER FLOWERS OF SUMMERTON FOR HIS OUTSTANDING SERVICE ON THE AGRICULTURE COMMISSION OF SOUTH CAROLINA.

ADJOURNMENT

At 3:35 P.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Bo Mathis of Rock Hill, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 1785 . . . . . Thursday, March 16, 1995

Thursday, March 16, 1995

(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:

Our Father God, as we confront unfinished tasks calling for courage and wisdom, pour upon those entrusted with the stewardship of our beloved state's welfare a double portion of Your enabling power. May no ugly thought or speech spoil the tapestry of our united efforts. May criticism be tempered with charity, conviction with tolerance, appraisals with understanding, and even judgments of disapproval with appreciation of honest motives, as we ascribe to others the same sincerity that we claim for ourselves.

And to You, Lord, we give our glory and honor. 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. SHISSIAS moved that when the House adjourns, it adjourn in memory of Cornelia Ellison of Columbia, which was agreed to.

REPORTS OF STANDING COMMITTEE

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

H. 3606 -- Rep. Richardson: A BILL TO AMEND SECTION 27-32-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF VACATION TIME SHARING PLAN, SO AS TO REVISE THE DEFINITION OF VACATION TIME SHARING OWNERSHIP PLAN TO, AMONG OTHER THINGS, PROVIDE THAT SUCH A PLAN IS AN INTEREST IN SUCH PROPERTY, TO ALLOW SUCH A PLAN TO BE CREATED IN A CONDOMINIUM ESTABLISHED FOR A TERM OF YEARS IN


Printed Page 1786 . . . . . Thursday, March 16, 1995

LEASEHOLD INTEREST OF MORE THAN THIRTY YEARS, AND PROVIDE THAT ALL SUCH INTERESTS ARE RECOGNIZED AS INTERESTS IN REAL PROPERTY, AND TO REVISE THE DEFINITION OF VACATION TIME SHARING LEASE PLAN SO AS TO PROVIDE THAT THESE LEASES DO NOT CONVEY AN INTEREST IN REAL PROPERTY.

Ordered for consideration tomorrow.

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

H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.

Ordered for consideration tomorrow.

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

H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.

Ordered for consideration tomorrow.


Printed Page 1787 . . . . . Thursday, March 16, 1995

REGULATION RECEIVED

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

Document No. 1854
Promulgated By Board of Education
Types and Levels of Credential Classification
Received By Speaker March 16, 1995
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date February 20, 1996

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 3815 -- Rep. Neilson: A HOUSE RESOLUTION REQUESTING THE HONORABLE SANDRA K. MCKINNEY, CLERK OF THE HOUSE OF REPRESENTATIVES, TO COLLECT AND PUBLISH THE PRAYERS OF THE HOUSE CHAPLAIN, THE REVEREND DR. ALTON C. CLARK OF LITTLE MOUNTAIN, AND PROVIDE FOR DISTRIBUTION OF THE CHAPLAIN'S COLLECTED PRAYERS AS DIRECTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, request the Honorable Sandra K. McKinney, Clerk of the House of Representatives, to collect and publish the prayers of the House Chaplain, the Reverend Dr. Alton C. Clark of Little Mountain, in accordance with previous custom and procedure, and that the collected prayers be distributed, following publication, in the manner directed by the Speaker.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3816 -- Reps. Quinn, Koon, Tripp, A. Young, Seithel, Knotts, Fulmer, H. Brown, Rice, Meacham, Littlejohn, Cain, Sharpe, Simrill, Cato, Mason, Wofford, Limbaugh, Hutson, Kelley, Hallman, Witherspoon, Cooper, Wright, Stille, Trotter, Huff, Law, Chamblee, Haskins, Wells, D. Smith, Riser, Davenport, Robinson, R. Smith,


Printed Page 1788 . . . . . Thursday, March 16, 1995

Vaughn, Herdklotz, Walker, Fleming, Klauber, Waldrop, Dantzler, Fair, Whatley and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS BE RETURNED TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED AND PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.

Rep. QUINN asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. J. BROWN objected.

Referred to Committee on Judiciary.

H. 3817 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND AND FEDERAL AID HIGHWAY FUND, SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO RECOVER ENGINEERING OR ADMINISTRATIVE COST FROM A HIGHWAY CONSTRUCTION PROJECT ONCE THE PROJECT HAS BEEN COMPLETED AND THE CONTRACTOR HAS RECEIVED FULL PAYMENT, AND TO REQUIRE THE DEPARTMENT TO PAY THE CONTRACTOR AN ADMINISTRATIVE FEE UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Education and Public Works.

H. 3818 -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 66 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR THE MARINE CORPS LEAGUE.

Referred to Committee on Education and Public Works.

H. 3819 -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 68 TO


Printed Page 1789 . . . . . Thursday, March 16, 1995

CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR VIETNAM VETERANS.

Referred to Committee on Education and Public Works.

ROLL CALL

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

Allison          Anderson         Askins
Bailey Baxley Beatty
Boan Breeland Brown, G.
Brown, H. Brown, J. Brown, T.
Cain Cato Cave
Chamblee Clyburn Cobb-Hunter
Cooper Cotty Cromer
Dantzler Davenport Delleney
Easterday Fair Felder
Fleming Gamble Hallman
Harrell Harris, J. Harris, P.
Harrison Harvin Herdklotz
Hines Howard Huff
Hutson Inabinett Jaskwhich
Jennings Keegan Kelley
Kennedy Keyserling Kinon
Kirsh Klauber Knotts
Koon Lanford Law
Limbaugh Limehouse Littlejohn
Lloyd Marchbanks Martin
Mason McAbee McCraw
McElveen McKay McMahand
McTeer Meacham Moody-Lawrence
Neal Neilson Phillips
Quinn Rhoad Rice
Richardson Riser Robinson
Sandifer Scott Seithel
Sharpe Sheheen Shissias
Simrill Smith, D. Smith, R.
Spearman Stille Stuart
Thomas Townsend Tripp
Trotter Tucker Vaughn
Walker Whatley Whipper, L.
Whipper, S. White Wilder


Printed Page 1790 . . . . . Thursday, March 16, 1995

Wilkes           Wilkins          Williams
Witherspoon Wofford Worley
Wright Young, A. Young, J.


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