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 180, Jan. 10 | Printed Page 200, Jan. 10 |
Printed Page 190 . . . . . Tuesday, January 10, 1995

H. 3195 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENTS THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

Referred to Committee on Judiciary.

Printed Page 191 . . . . . Tuesday, January 10, 1995
H. 3196 -- Rep. Kirsh: A BILL TO AMEND SECTION 50-1-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, OR TRAPPING WITHOUT CONSENT, SO AS TO DELETE THE REFERENCE TO RANGE AND REVISE PENALTIES.

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


H. 3197 -- Reps. Richardson, McKay and Vaughn: A BILL TO AMEND SECTION 50-9-840, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING AND FISHING LICENSES FOR PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS, SO AS TO PROVIDE FOR THE LICENSES TO BE ISSUED TO CERTAIN GEORGIA RESIDENTS.

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


H. 3198 -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-1975, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION OF HANDICAPPED PARKING PLACES, SO AS TO REQUIRE HANDICAPPED PARKING SIGNS ERECTED AFTER JUNE 30, 1995, TO INCLUDE THE PENALTIES FOR UNLAWFUL USE.

Referred to Committee on Education and Public Works.


H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

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

Printed Page 192 . . . . . Tuesday, January 10, 1995
H. 3200 -- Reps. Lanford, Marchbanks, Kinon, Wilkes, Allison, Scott, Wilder, Wofford, Gamble, Walker, Kelley, Limehouse, Fulmer, Simrill, Rhoad, J. Brown, Sandifer, Cromer, Keyserling, Stuart, Wilkins, Govan, Witherspoon and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-31-185 SO AS TO PROHIBIT THE MANUFACTURE, POSSESSION, SALE, OR TRANSFER IN THIS STATE OF CERTAIN HOLLOW-POINT BULLETS MADE OF METAL-ENCASED PLASTIC CONTAINING LEAD PELLETS WHICH FRAGMENT ON CONTACT AND WHICH CAN PENETRATE BODY ARMOR OR OTHER TYPES OF BULLET-PROOF VESTS, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Referred to Committee on Judiciary.


H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.

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


H. 3202 -- Rep. Scott: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED THE PROPERTY OF A RELIGIOUS, CHARITABLE, ELEEMOSYNARY, EDUCATION, OR LITERARY SOCIETY TO PROPERTY LEASED BY SUCH ORGANIZATIONS.

Referred to Committee on Ways and Means.


H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL

Printed Page 193 . . . . . Tuesday, January 10, 1995
SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

Referred to Committee on Education and Public Works.


H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.

Referred to Committee on Judiciary.


H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

Referred to Lexington Delegation.


H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE

Printed Page 194 . . . . . Tuesday, January 10, 1995
MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.

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


H. 3207 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

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


H. 3208 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND SECTION 44-20-225, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER ADVISORY BOARDS WITHIN THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CHANGE THE REFERENCE TO GOVERNOR TO COMMISSION ON DISABILITIES AND SPECIAL NEEDS AND DELETE THE REFERENCE TO APPOINTMENT UPON THE ADVICE AND CONSENT OF THE SENATE, THE AUTHORIZATION FOR COMPENSATION, AND THE PROVISION FOR ORIGINAL APPOINTEES.

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


H. 3209 -- Reps. P. Harris, Carnell and J. Harris: A BILL TO AMEND SECTION 56-5-3660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HELMET REQUIREMENT FOR PERSONS OPERATING OR RIDING TWO-WHEELED MOTORIZED VEHICLES, SO AS TO DELETE THE AGE LIMITATION TO WHICH THE REQUIREMENT APPLIES.

Referred to Committee on Education and Public Works.


H. 3210 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 TO TITLE 44 SO AS TO SET FORTH REQUIREMENTS FOR A PROGRAM TO PROVIDE SUPPORT FOR INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES.

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

Printed Page 195 . . . . . Tuesday, January 10, 1995
H. 3211 -- Reps. P. Harris, Carnell, J. Harris and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-33-120 THROUGH 59-33-200 SO AS TO REQUIRE AN EXTENDED SCHOOL YEAR PROGRAM FOR CHILDREN WITH DISABILITIES TO BE ESTABLISHED IN EACH SCHOOL DISTRICT, DEFINE TERMS, AND PROVIDE FOR PURPOSES, SCREENING, QUALIFICATION, DEVELOPMENT OF AN ADDENDUM TO THE INDIVIDUALIZED EDUCATIONAL PLAN, REVIEW BY THE MULTIDISCIPLINARY EVALUATION TEAM, RESPONSIBILITIES FOR DEPARTMENT OF EDUCATION, REFUSAL TO PARTICIPATE, AND TRANSPORTATION.

Referred to Committee on Education and Public Works.


H. 3212 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: 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.

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


H. 3213 -- Reps. Spearman and Quinn: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

Referred to Committee on Education and Public Works.


H. 3214 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.

On motion of Rep. D. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.


H. 3215 -- Rep. D. Smith: A BILL TO AMEND SECTION 56-3-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEALER AND OTHER SPECIAL USE LICENSE

Printed Page 196 . . . . . Tuesday, January 10, 1995
PLATES FOR A LICENSED MOTOR VEHICLE DEALER, SO AS TO AUTHORIZE THE ISSUE OF TWO DEALER LICENSE PLATES FOR A FEE OF TWENTY DOLLARS EACH FOR A DEALER IN THE BUSINESS OF SELLING VEHICLES THE DEALER HAS MODIFIED FOR USE BY HANDICAPPED PERSONS.

Referred to Committee on Education and Public Works.


H. 3216 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-257, SO AS TO EXEMPT FROM PROPERTY TAX THAT AMOUNT OF FAIR MARKET VALUE OF RESIDENTIAL PROPERTY QUALIFYING FOR THE HOMESTEAD EXEMPTION WHICH REPRESENTS INCREASES IN THE FAIR MARKET VALUE OF THE PROPERTY OCCURRING AFTER THE PROPERTY FIRST QUALIFIES FOR THE HOMESTEAD EXEMPTION, AND TO PROVIDE AN EXCEPTION.

Referred to Committee on Ways and Means.


H. 3217 -- Reps. Neilson, Hines and Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.

On motion of Rep. BAXLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.


H. 3218 -- Rep. Askins: A BILL 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 ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.

On motion of Rep. ASKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.


H. 3219 -- Reps. Harvin and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-110 SO AS TO PROVIDE FOR THE AGRICULTURAL

Printed Page 197 . . . . . Tuesday, January 10, 1995
HERITAGE PRESERVATION PROGRAM WITHIN THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY.

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


H. 3220 -- Reps. Harvin and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-120 SO AS TO PROVIDE FOR THE HISTORIC BURIAL GROUND PRESERVATION PROGRAM WITHIN THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY.

Referred to Committee on Ways and Means.

HOUSE RESOLUTION

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


H. 3180 -- Rep. Wilkins: A HOUSE RESOLUTION TO SET THURSDAY, JANUARY 12, 1995, AT 10:15 A.M. AS THE TIME FOR ELECTING A MEMBER TO FILL A VACANCY ON THE HOUSE OPERATIONS AND MANAGEMENT COMMITTEE.

Be it resolved by the House of Representatives:

That the House of Representatives elect a member to fill a vacancy on the House Operations and Management Committee on Thursday, January 12, 1995, at 10:15 a.m. in the Hall of the House of Representatives.


The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:


H. 3181 -- Rep. Easterday: A CONCURRENT RESOLUTION COMMENDING OUR FORMER COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE M. O. ALEXANDER OF GREENVILLE COUNTY, FOR HIS TWELVE YEARS OF DEDICATED AND OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA WHILE A MEMBER OF THE HOUSE OF REPRESENTATIVES AND EXTENDING HIM BEST WISHES FOR HAPPINESS AND SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.

Whereas, for twelve years as a member of the House of Representatives, the Honorable M.O. Alexander of Greenville County worked with diligence for the betterment of South Carolina; and

Printed Page 198 . . . . . Tuesday, January 10, 1995
Whereas, M.O. was a distinguished colleague who was approachable, warm, and genuinely interested in providing good government for the people of this great State; and

Whereas, he was immensely popular with his constituents and, toward us, his fellow members in the General Assembly, he was a true friend -- someone we could depend on at any time; and

Whereas, we will miss M.O.'s insight, his good sense of humor, his ready and friendly smile, and, most of all, his presence among us on a day-to-day basis during sessions. Now, therefore,

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

That we, the members of the General Assembly of the State of South Carolina, by this resolution, commend our distinguished former colleague, the Honorable M.O. Alexander of Greenville County, for his twelve years of dedicated and outstanding service to the people of South Carolina while a member of the House of Representatives and extend to him our best wishes for happiness and success in all of his future endeavors.

Be it further resolved that a copy of this resolution be forwarded to the Honorable M.O. Alexander.


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

CONCURRENT RESOLUTION

The following was introduced:


H. 3221 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO PROCLAIM SUNDAY, APRIL 23, 1995, THROUGH SATURDAY, APRIL 29, 1995, AS GOLF WEEK IN SOUTH CAROLINA WHICH WILL BE OBSERVED THROUGHOUT THE STATE WITH APPROPRIATE CEREMONIES AND EVENTS TO RECOGNIZE THE ECONOMIC IMPACT OF THE GOLF INDUSTRY IN SOUTH CAROLINA, THE IMPORTANCE OF THE STATE'S JUNIOR GOLFERS, AND THE IMPORTANCE OF TURFGRASS RESEARCH.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

HOUSE RESOLUTION

The following was introduced:


H. 3222 -- Rep. Kirsh: A HOUSE RESOLUTION TO AMEND RULE 5 OF THE RULES OF THE HOUSE OF REPRESENTATIVES,

Printed Page 199 . . . . . Tuesday, January 10, 1995
RELATING TO BILLS, RESOLUTIONS AND REPORTS, SO AS TO REQUIRE ANY BILL OR JOINT RESOLUTION IMPOSING A NEW TAX AFFECTING MORE THAN FIFTY PERCENT OF THE POPULATION OF THE STATE TO RECEIVE A TWO-THIRDS MAJORITY VOTE ON SECOND READING.

The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:


H. 3223 -- Rep. Harvin: A CONCURRENT RESOLUTION SALUTING AND THANKING THE HONORABLE EARLE E. MORRIS, JR., FOR HIS DEDICATED SERVICE TO THE SOUTH CAROLINA STATE GUARD, UPON HIS RETIREMENT AS COMMANDER OF THE STATE GUARD.

Whereas, the Honorable Earle E. Morris, Jr., South Carolina's distinguished Comptroller General, has retired as Commander of the South Carolina State Guard; and

Whereas, he is a major general in the State Guard and has worked diligently as commander for excellence and preparedness in the State Guard; and

Whereas, General Morris is a highly patriotic citizen of the State of South Carolina and has demonstrated great devotion to duty and exceptional leadership as Commander of the State Guard; and

Whereas, all South Carolinians appreciate his outstanding service. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, salutes and thanks the Honorable Earle E. Morris, Jr., for his dedicated service to the South Carolina State Guard upon his retirement as Commander of the State Guard.

Be it further resolved that a copy of this resolution be forwarded to General Morris.


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

| Printed Page 180, Jan. 10 | Printed Page 200, Jan. 10 |
Page Finder Index