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

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Printed Page 1860 . . . . . Tuesday, March 21, 1995

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 election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Subject: Election of Administrative Law Judge

The reason for abstaining on the above reference 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. JAMES S. KLAUBER

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 election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Subject: Administrative Law Judge Election

The reason for abstaining on the above reference legislation is:

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

Rep. ROBERT J. SHEHEEN

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 election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.


Printed Page 1861 . . . . . Tuesday, March 21, 1995

Subject: Administrative Law Judge Election

The reason for abstaining on the above reference 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. 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 election because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Subject: Administrative Law Judge Election

The reason for abstaining on the above reference 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 2:50 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3804 -- Reps. Tucker and Tripp: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DONALD GUY


Printed Page 1862 . . . . . Tuesday, March 21, 1995

LEE OF PIEDMONT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3805 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE WILLISTON-ELKO BLUE DEVILS BOYS BASKETBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A BASKETBALL CHAMPIONSHIP.

ADJOURNMENT

At 2:55 P.M. the House in accordance with the motion of Rep. FELDER adjourned in memory of Dorothy Parker of Denmark, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 1863 . . . . . Wednesday, March 22, 1995

Wednesday, March 22, 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:

O God of grandeur and glory, in these days of earth's awakening, thrilling and throbbing with the loveliness of Springtime, we thank You for every beauty from which our enraptured minds drink as we bend in wonder at the petaled buds held high by bushes aflame with evidence of Your presence. And in the changing pageant of nature with forms and colors that thrill our senses, we see You for beauty is but Your handwriting. Make us to know that in the loveliness of Springtime that You are there. May it teach us that You are God of both nature and human nature.

Hear us in this our prayer of praise and thanksgiving. 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. J. YOUNG moved that when the House adjourns, it adjourn in memory of Mildred Matthews Lenoir of Sumter, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. HUFF, from the Committee on Rules, submitted a favorable report, on:

H. 3315 -- Reps. L. Whipper, Phillips, S. Whipper, Breeland, Anderson and Moody-Lawrence: A HOUSE RESOLUTION TO DECLARE THE LADIES LOUNGE LOCATED INSIDE THE HOUSE OF REPRESENTATIVES CHAMBER A NO SMOKING AREA.

Ordered for consideration tomorrow.


Printed Page 1864 . . . . . Wednesday, March 22, 1995

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3549 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-56-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PERMITS AND PERMIT ISSUANCE UNDER THE "SOUTH CAROLINA HAZARDOUS WASTE


Printed Page 1865 . . . . . Wednesday, March 22, 1995

MANAGEMENT ACT", SO AS TO PROVIDE FOR THE FORMS OF FINANCIAL ASSURANCE REQUIRED TO ENSURE THE AVAILABILITY OF FUNDS FOR CLEAN-UP COSTS AND RESTORATION OF ENVIRONMENTAL IMPAIRMENT ARISING FROM A FACILITY.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF


Printed Page 1866 . . . . . Wednesday, March 22, 1995

AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3599 -- Rep. Richardson: A BILL TO AMEND SECTION 42-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF CASUAL EMPLOYEES AND CERTAIN OTHER EMPLOYMENTS FROM TITLE 42, WORKERS' COMPENSATION, SO AS TO ADD TO THE LIST OF SUCH


Printed Page 1867 . . . . . Wednesday, March 22, 1995

EXEMPTIONS EMPLOYEES COVERED BY THE LONGSHORE & HARBOR WORKERS' COMPENSATION ACT.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3045 -- Reps. Kirsh, Stille and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-225 SO AS TO REQUIRE A RETAIL DEALER TO AFFIX A LEGIBLE STATEMENT OF THE PERCENTAGE OF ETHANOL, METHANOL, OR A COMBINATION OF THEM TO THE DISPENSER OF ALL MOTOR FUEL KEPT, OFFERED, OR EXPOSED FOR SALE OR SOLD AT RETAIL CONTAINING AT LEAST TWO PERCENT BY VOLUME OF ETHANOL, METHANOL, OR A COMBINATION OF THEM, AND TO PROVIDE FOR THE PLACEMENT AND SIZE OF THE STATEMENT ON THE PUMP WHICH DISPENSES THE FUEL AND DEFINE "RETAIL DEALER".

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".

Ordered for consideration tomorrow.


Printed Page 1868 . . . . . Wednesday, March 22, 1995

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3117 -- Reps. Cato, Riser and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3665 -- Reps. Gamble, Cato, Worley, G. Brown and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-933 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

Ordered for consideration tomorrow.

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

H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: 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, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

Ordered for consideration tomorrow.

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

S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE


Printed Page 1869 . . . . . Wednesday, March 22, 1995

BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.

Ordered for consideration tomorrow.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 630 -- Senators Land, Elliott, Holland, Stilwell, Rankin, Matthews, Ford, Jackson, Reese, Lander, Moore, Mescher, Passailaigue, Glover, O'Dell, Bryan, J. Verne Smith, Courson, Setzler, Patterson, Saleeby, Washington, Russell and Hayes: A CONCURRENT RESOLUTION URGING CONGRESS NOT TO REDUCE FUNDING FOR AMTRAK AND TO TAKE OTHER STEPS TO PRESERVE THE AMTRAK SYSTEM.

Ordered for consideration tomorrow.

REPORTS OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Independent Banks of South Carolina for a reception, April 4, 1995, 6:00 P.M. - 8:00 P.M. at the Summit Club.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of South Carolina Arts Alliance for an annual "Legislative Appreciation Brunch," April 6, 1995, 9:30 A.M. - 11:00 A.M. in the State House Rotunda.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Clemson University Division of Agriculture and Natural Resources for annual "Catfish and Grits" dinner, April 11, 1995, 6:00 P.M. at the Women's Club of Columbia, 1703 Blossom Street.

The invitation was accepted.


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