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 1790, Mar. 16 | Printed Page 1810, Mar. 21 |

Printed Page 1800 . . . . . Thursday, March 16, 1995

Whereas, it is fitting and proper that the portion of South Carolina Highway 20 in Anderson County from the City of Belton to the Ernest Allen Burriss Career Center be designated and named the "Ernest Allen Burriss Memorial Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to designate and name the portion of State Highway 20 in Anderson County from Williamston southward through Belton to the Abbeville County line described above in this resolution as the "Ernest Allen Burriss Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Ernest Allen Burriss Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the family of Ernest Allen Burriss.

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

MOTION PERIOD

The motion period was dispensed with on motion of Rep. H. BROWN.

RECURRENCE TO THE MORNING HOUR

Rep. FELDER moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3820 -- Reps. Thomas, Witherspoon and Riser: A BILL TO AMEND SECTION 50-17-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR CERTAIN FISHING NETS, SO AS TO REQUIRE THE USE OF TURTLE EXCLUDER DEVICES IN CHANNEL NETS USED FOR TAKING SHRIMP.

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

H. 3821 -- Reps. Keyserling, Sharpe, Richardson, Lloyd and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,


Printed Page 1801 . . . . . Thursday, March 16, 1995

1976, BY ADDING SECTION 50-17-185 SO AS TO PROHIBIT THE PURCHASE, BARTER, OR TRADE OF MARINE PRODUCTS HANDLED OR TAKEN UNLAWFULLY AND PROVIDE PENALTIES.

Referred to Committee on Judiciary.

HOUSE RESOLUTION

The following was introduced:

H. 3822 -- Rep. Stuart: A HOUSE RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3823 -- Rep. Stuart: A CONCURRENT RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.

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

ORDERED TO THIRD READING

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

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


Printed Page 1802 . . . . . Thursday, March 16, 1995

SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

Rep. H. BROWN explained the Bill.

H. 3736--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. H. BROWN, with unanimous consent, it was ordered that H. 3736 be read the third time tomorrow.

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

ADJOURNMENT

At 11:10 A.M. the House in accordance with the motion of Rep. SHISSIAS adjourned in memory of Cornelia Ellison of Columbia, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 1803 . . . . . Friday, March 17, 1995

Friday, March 17, 1995

(Local 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 our Father, Who opens to us the gates of the morning and calls us to a new day, we commit our efforts to You in the confident knowledge that You are with us. As we seek what is best for our fellow-beings, when so much is demanded of us, grant us a double portion of insight and inspiration that together with confidence and courage we may prove ourselves worthy of the tasks placed in our hands.

Confronted by challenges too great for us to solve by ourselves we come to You for wisdom to see what needs to be done, for courage to set out to do it, and for strength to complete it.

In the spirit of our Savior we pray. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, 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. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.


Printed Page 1804 . . . . . Friday, March 17, 1995

SENT TO THE SENATE

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

H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.

H. 3228 -- Reps. Neilson, Cain, McMahand, Littlejohn, Meacham, Hallman, Rice, L. Whipper, White, Simrill, Jaskwhich, Elliott, Whatley, Herdklotz, Easterday, Haskins, Seithel, Davenport and Limehouse: A BILL TO AMEND SECTION 20-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL RIGHTS OF PARENTS, SO AS TO PROVIDE THAT BOTH CUSTODIAL AND NONCUSTODIAL PARENTS HAVE THE RIGHT TO PARTICIPATE IN THEIR CHILDREN'S SCHOOL ACTIVITIES.

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.

ADJOURNMENT

At 10:20 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, March 21.

* * *


Printed Page 1805 . . . . . Tuesday, March 21, 1995

Tuesday, March 21, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Our Father God, we thank You for the loveliness which is unveiled when dawn gilds the skies, for the chorus of the birds, for unfolding blossoms that make the earth radiant and beautiful. And as nature wakes to the warm sunshine and flowers, so in response to Your beckoning may there stir within us a desire for Your unchanging precepts for goodness and uprightness. So breathe upon us, O Spirit of God, that the teachings of the Lord be engrafted within us that even while we are pilgrims of the night we may be heralds of a better morning.

Be with us this day, and every day. 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. FELDER moved that when the House adjourns, it adjourn in memory of Dorothy Parker of Denmark, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 16, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 14, H. 3218 by a vote of 40 to 0.
(R14) H. 3218 -- Rep. Askins: AN ACT TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE


Printed Page 1806 . . . . . Tuesday, March 21, 1995

ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 16, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 638:
S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR


Printed Page 1807 . . . . . Tuesday, March 21, 1995

TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995.
Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.

Ordered for consideration tomorrow.

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

H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.

Ordered for consideration tomorrow.


Printed Page 1808 . . . . . Tuesday, March 21, 1995

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-330 SO AS TO ESTABLISH THE STATE PROPERTY TAX CREDIT FUND AND REQUIRE ANNUAL APPROPRIATIONS TO THE FUND; TO AMEND THE 1976 CODE BY ADDING SECTION 12-37-251 SO AS TO ALLOW A HOMESTEAD EXEMPTION FROM PROPERTY TAXES OTHER THAN THOSE LEVIED FOR BONDED INDEBTEDNESS EQUAL TO TWENTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS OF FAIR MARKET VALUE ESCALATING, DEPENDING ON REVENUES IN THE STATE PROPERTY TAX CREDIT FUND TO A COMPLETE EXEMPTION FROM ALL TAXES EXCEPT THOSE LEVIED FOR BONDED INDEBTEDNESS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-217 SO AS TO REQUIRE TRIENNIAL REASSESSMENT; TO AMEND THE 1976 CODE BY ADDING SECTIONS 4-9-142, 5-21-70, 6-1-75, AND 59-73-35 SO AS TO IMPOSE SPENDING LIMITS ON COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE DISTRICTS AND IMPOSE AN AD VALOREM TAX REVENUE LIMITATION ON SCHOOL DISTRICTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-350 SO AS TO PROVIDE A STANDARDIZED TAX BILL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-60 SO AS TO PROVIDE FOR NOTICE REQUIREMENTS FOR LOCAL GOVERNMENT BUDGETING.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 647 -- Senators Washington, Ford, McConnell, Passailaigue, Richter, Rose and Greg Smith: A CONCURRENT RESOLUTION TO EXTEND CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO WILLIAM J. KNOWLES OF CHARLESTON COUNTY FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES ON THE OCCASION OF HIS RETIREMENT.

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


Printed Page 1809 . . . . . Tuesday, March 21, 1995

HOUSE RESOLUTION

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

H. 3828 -- Reps. Cave and Rhoad: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE WILLISTON-ELKO BLUE DEVILS BOYS BASKETBALL TEAM OF BARNWELL COUNTY, HEAD COACH DWAYNE HARTSOE, AND THE COACHING STAFF ON THURSDAY, MARCH 30, 1995, AT 10:15 A.M., FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 STATE CLASS A BASKETBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Williston-Elko Blue Devils Boys Basketball Team of Barnwell County, Head Coach Dwayne Hartsoe, and the coaching staff on Thursday, March 30, 1995, at 10:15 a.m., for the purpose of being presented a Concurrent Resolution on winning the 1995 State Class A Basketball Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3829 -- Reps. Rhoad, Cave and Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE BARNWELL HIGH SCHOOL SCARLET KNIGHTS BAND OF BARNWELL COUNTY UPON RECEIVING AN INVITATION FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR, THE NATIONAL PARK SERVICE, AND THE INDEPENDENCE DAY PARADE ASSOCIATES TO REPRESENT THE STATE OF SOUTH CAROLINA BY MARCHING IN THE 1995 INDEPENDENCE DAY PARADE IN WASHINGTON, D.C. ON JULY 4, 1995.

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


| Printed Page 1790, Mar. 16 | Printed Page 1810, Mar. 21 |

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