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 1900 . . . . . Wednesday, March 22, 1995

Rep. SIMRILL proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5678HTC.95), which was tabled.

Amend the report, as and if amended, Section 12-37-251(A), as contained in SECTION 2, page 3651-2, by inserting before /must/ on line 14 /is one-half of the fair market value capped at an amount that/.

Amend further, page 3651-2, by inserting before /must/ on line 22 /is one-half of the fair market value capped at an amount that/.

Amend title to conform.

Rep. SIMRILL explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. SIMRILL spoke in favor of the amendment.

Rep. H. BROWN moved to table the amendment, which was agreed to.

Rep. KOON proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\GJK\21580SD.95).

Amend the report of the Committee on Ways and Means, as and if amended, by adding a new SECTION appropriately numbered to read:

/SECTION . (A) Notwithstanding any other provision of law, the debt service and capital expenditures of any county, municipality, school district, special purpose district, or other political subdivision of this State in any year may not exceed five percent of its total expenditures in that year as reflected in its annual budget unless the excess expenditures are approved by a majority of the qualified electors of the county, municipality, school district, special purpose district, or other political subdivision in a referendum held on the question of authorizing such excess expenditures. The political subdivision shall call the referendum, set its date, frame the question for the ballot, and bear its cost. The county election commission shall conduct the referendum in accordance with the election laws of this State, mutatis mutandis, and declare the results.

(B) Debt service for purposes of subsection (A) includes lease-purchase expenditures for capital construction.

(C) If a county, municipality, school district, special purpose district, or other political subdivision of this State on the effective date of this section has existing debt service and capital expenditure obligations in excess of five percent of its total expenditures as reflected in its annual budget for the year in which this section takes effect, it may continue to make such existing excess expenditures in that year and in future years without the requirement of a referendum but no new debt service or capital expenditures may be made or incurred without approval in a


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referendum required by this section if the new capital and debt service obligations combined with the existing capital and debt service obligations would exceed five percent of the total expenditures of the entity in any year.

(D) The provisions of this section are cumulative to any other limitations on such excess expenditures provided by law or the Constitution of this State, except that where another provision of law also requires a referendum to make such excess expenditures, only one referendum shall be required.

(E) Where more than one referendum in a county is required in any year due to multiple political subdivisions proposing such excess expenditures, the referendums to the extent possible must be held at the same time by the county election commission./
Renumber sections to conform.

Amend totals and title to conform.

Rep. KOON explained the amendment.

Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 8.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

PRESENTATION OF STATE LIFE ABILITIES AMBASSADORS

The Reading Clerk of the Senate read the following Concurrent Resolution:

S. 344 -- Senators Lander, Matthews, Setzler and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 22, 1995, AS "DISABILITIES DAY"; TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN AND ADULTS WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES - THE EASTER SEAL SOCIETY OF SOUTH CAROLINA; AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 22, 1995, AT WHICH TIME THE STATE LIFE ABILITIES


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REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Life Abilities Ambassadors and distinguished party were escorted to the rostrum by Senators Waldrep, Greg Smith, Reese, Martin, Saleeby and Courson, and Reps. COOPER, T. BROWN, BEATTY, ROBINSON, HINES, HARRISON and BAXLEY.

The President of the Senate recognized Rep. WALKER, Vice Chairman of the Legislative Committee for Persons with Disabilities, who addressed the Joint Assembly as follows:

"Lt. Governor, Mr. Speaker, members of the Joint Assembly, honored Life Abilities-Easter Seal Representatives, Mrs. Beasley, ladies and gentlemen... It is my privilege to welcome all of you to this Joint Assembly on behalf of the Legislative Committee for Persons with Disabilities. Our Committee looks forward to this special day each year. Working with the State Life Abilities- Easter Seals Society to kick off one of the biggest fund raisers in the State for persons with disabilities is a distinct honor. Present in the Chamber and standing around the sides are just some of the thousands of volunteers who work and support the Buck-A-Cup, Brace-A-Child Campaign. It is equally a pleasure to welcome each of the Life Abilities-Easter Seal representatives, their parents and sponsors here today. First, I would like to recognize the members of our Legislative Committee for Persons with Disabilities. Please stand when I call your name. From the Senate, Senator James Lander, our Chairman, Senator John Matthews, and Senator Warren Giese. From the House, Representative Mike Baxley and Representative Ronald Fleming. In the back, our Governor's appointees, Mr. Joe Dusenbury, retired Commissioner of the South Carolina Department of Vocational Rehabilitation. Also, Dr. Richard Ferrante of University Affiliated Programs, Ms. Betty Easler, Executive Director of the South Carolina Protection and Advocacy System. Evelyn Evans is our Executive Director and she is in the back. And also, back visiting with us today is our former Chairman, Joe Wilder, who is currently serving as a member of the Life-Abilities, Easter Seal Board. It is good to have you with us today. Other members of the Life-Abilities, Easter Seal Board who are with us are Mrs. Lynn Bagnal, Chair of the Board of Directors, Earle Morris, Jr., a long time friend of persons with disabilities, Martha Edens, Ed Fisher, past Chairman of the Board. Welcome to all of you. It is an honor for me to be here and now, I would like to introduce Senator James Lander, Chairman of our Committee."


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Senator Lander addressed the Joint Assembly as follows:

"Thank you, Representative Walker, honored guests... It is a personal privilege this year to represent our Committee, along with all of those involved in Life Abilities-Easter Seals of South Carolina to recognize the State Life Abilities-Easter Seal Ambassadors and their parents, and to endorse the B.A.C. Coffee Day which this year will be Good Friday, April 14th.This year marks the 43rd Annual Buck-A-Cup Campaign. It is a pleasure to have with us today Mrs. Mary Wood Beasley, who is serving as the State Campaign Chairwoman. Thank you, Mrs. Beasley, for joining in this wonderful effort to raise funds for the many persons with disabilities and their families across the State, that will allow them to achieve independence. Under the leadership and hard work of those whom we recognize today, the Buck-A-Cup Campaign raises thousands of dollars to aid persons with disabilities. The co-sponsors of the campaign are the South Carolina Law Enforcement Officer's Association, some 9,700 strong and the South Carolina Restaurant Association with 1500 members. Last year, the B.A.C. Campaign volunteers brought in over $615,000. In its 43-year history, most of my life, the campaign has raised over $7 million. I appreciate all of the hard work. This year the goal is $800,000. And I have no doubt that they will raise it. The campaign officially begins today with the help of many. I would like to recognize now, some of those involved. First, Mr. Joseph D. Jones, President of Life-Abilities-Easter Seals, Rick Johnson, the State President of the South Carolina Law Enforcement Officer's Association, and John Caudle, II, the Executive Director of the South Carolina Law Enforcement Officer's Association, Peter Finazzo, the State President of the South Carolina Restaurant Association, Thomas L. Sponseller, the Executive Director of the South Carolina Restaurant Association. The people that coordinate all of this B.A.C. Campaign who are familiar to us from year's past, Major Larry Mixon, South Carolina Law Enforcement Officer's Association and Chairman of the `Overall' B.A.C. Committee and Co-Chairman for B.A.C., from the Restaurant Association, Mr. Harold Corley and Mr. Wilton Bagwell. To all of you who give so much of yourself, thank you for the fine work you do every year in this endeavor. The General Assembly extends to Life Abilities-Easter Seal and all of you dedicated supporters its sincere wishes for continued success in your many constructive and compassionate programs on behalf of persons with disabilities. It is with pleasure to introduce members of the Senate and House who will introduce our special state ambassadors this year. First, we have Representative Dan Cooper and Senator Waldrep to make a few remarks and introduce Angela and Amber Lowe."


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Senator Waldrep introduced the guest as follows:

"Thank you, good afternoon ladies and gentlemen of the General Assembly, Mr. Speaker, all of you who have made this occasion possible... I would like to express my thanks and gratitude to you on behalf of all of those that you have worked so hard for. Since we all know that Life Abilities is something that virtually touches everybody in this room and everybody in this State. I greatly appreciate that. I am speaking also here with Representative Dan Cooper of Anderson County and for Senator Billy O'Dell who is unable to be with us at this time. I would like to introduce to you Angela and Amber Gail Lowe. They are the first mother/daughter state representative team and they are from Williamston. They are strong supporters of Life Abilities-Easter Seals and Angela has a problem which affects the use of her hands, fingers and legs. She works for the Department of Vocational Rehabilitation and is an active volunteer for church and school and is a full time mother of two. Amber Gail is 11 years old and she has an attention disorder with a learning disability, but she plays the piano. And after only one year, she was first runner-up in her recital and congratulations on that. Both are receiving therapy and other services through Life Abilities and through Easter Seals and they are here with us today. Please give them a hand."

Senator Lander recognized Senator Greg Smith and Rep. T. BROWN to present our next guest.

Rep. T. BROWN introduced the guest as follows:

"Lt. Governor, Mrs. Beasley, President, Speaker of the House, Joint Assembly, and to Senator Smith... It is truly a pleasure for me to introduce Miss Brittany Ann Carter. I would like to say that we should appreciate the people who have Life Abilities because if we could exemplify the type of energies and a zest for life that they put forth, what a better South Carolina and society we would have. Brittany Ann Carter is the five year old of David and Regina Carter of Georgetown. She has been diagnosed with cerebral palsy. She has participated in the H.U.G.S. horseback riding therapy program and received physical therapy and equipment from Life Abilities-Easter Seals. She attends kindergarten at McDonald School in Georgetown. I asked Brittany's mother what were her hobbies and she said McDonald's and Barney. Those are hobbies of all kids, but also she has a zest for life and like I emphasized, if we had that same type of trait here in the General Assembly as well as South Carolina's society, what a better society we would have. Miss Brittany Ann Carter and Mr. and Mrs. Carter."


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Senator Lander recognized Senator Reese and Rep. BEATTY to introduce our next guest.

Rep. BEATTY introduced the guest as follows:

"Mr. President, members of the House and Joint Assembly, honored guests... It gives me extreme pleasure this morning to introduce the ambassador from my area, Senator Reese and myself, these are our constituents, and these are friends of mine. Amy's father, Javan King, could not be with us today. He is a police officer in Spartanburg and for whatever reason, they made him work today. This would not have been his first trip here. This is Amy's seventh trip. She has been an ambassador for seven years. She enjoys it and has done a good job for us. Let me tell you a little bit about Amy. Despite the challenges that have for whatever reason have come into her life, the challenges that have come into her family's life, they have met them head on. They have dealt with them and dealt with them successfully. Despite the challenges in Amy's life, she has managed to be very active in her community and in her church and she loves music. She has been a joy to know. She has been a joy to us in Spartanburg. I would like to present to you, Amy King. She is nine years old and has a special custom made wheelchair just for her purposes, you know we all like these custom made cars. She has her own custom made and maneuvers it well. Amy attends McCarthy School in Spartanburg. She is very interesting in music and very active in her community despite her challenges in life. This morning, I would like to present to you, along with Amy, her mother, Millie King. Like I said, Javan could not be here this morning, but again I would like for you to welcome her to this Body this morning as our ambassador from Spartanburg and for her seventh year."

Senator Lander recognized Senator Martin and Rep. ROBINSON to present our next guest.

Rep. ROBINSON made the following remarks about Christopher Lawrence who could not be here today.

"We regret that Christopher and his mother were not able to come today and they would love to have been here. Christopher is a young fourth grader from Easley and Senator Martin and I have the privilege of serving his area, our area, and he suffers a skin disorder called epidermolysis bullosa. It hasn't slowed him down and it hasn't held him back and the best way to describe him is to say that where there is a will there is a way. I think that serves all of these individuals here today very well. We apologize that he is not here today but we know that he is in your thoughts and prayers. Thank you."


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Senator Lander recognized Senator Saleeby and Reps. HINES and BAXLEY to present our next guest.

Rep. BAXLEY introduced the guest as follows:

"Ladies and gentlemen, good morning, on behalf of Darlington County, we are very pleased to introduce to you this morning Darlington County's ambassador. We have Clay Smith with us. He is the five year old son of Robert and Regina Smith and they live in Darlington County. Robert could not be with us today, but we are so pleased to have Clay with us and his mother, Regina. Also, we have with us, Ms. Peggy Cox, who is one of our regional directors of Life Abilities down in the Pee Dee area. The focus in Clay's life is on abilities because there are a lot of things that he can do and he loves to do. He told me this morning that he loves to paint, he loves to color and he loves to ride horses, which he has been having horseback therapy through Life Abilities and Easter Seals. He has been diagnosed with having cerebral palsy and through Life Abilities, he receives speech therapy and physical therapy. The neatest thing about Clay is the winning attitude that he distributes or that he shows at all times and shares with everyone. We are really pleased to introduce him to you today and we now present to you, Mr. Clay Smith."

Senator Lander recognized Senator Courson and Rep. HARRISON to present our next guest.

Senator Courson made the following remarks about Luther and Mary Ellen Gower who could not be here today.

"Unfortunately, the Gowers could not be here this morning, but they are the first husband and wife team we have had. They wanted Representative Harrison and I to express to you their appreciation and particularly those of you who have raised money through the B.A.C. program over the years. I am sorry that they could not be with us. Thank you."

Upon the conclusion of the presentation, the honored guests and escort party retired from the Chamber.

ADDRESS BY THE

NATIONAL COMMANDER OF THE AMERICAN LEGION

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE


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AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.

The Honorable William M. Detweiler and distinguished party were escorted to the rostrum by Senators Matthews, Drummond, Leventis and Mescher, and Reps. WILLIAMS, STILLE, LAW and HUTSON.

Mr. William M. Detweiler, the National Commander of the American Legion, addressed the Joint Assembly as follows:

"Mr. Speaker, Mr. President, members of the Senate and House of South Carolina... It is a great privilege to be with you this morning and I would, first, at this time, before I begin my remarks, extend my sincere appreciation to you for allowing me to come before you and allowing the members of the American Legion and the American Legion Auxiliary of South Carolina to be with you. I would first like to acknowledge the presence of some very special people who are guests here of the American Legion and the Auxiliary, who are seated in the gallery. Some of you refer to them on occasion only to the maternal member of the family, but I would like, at this time, to acknowledge the Gold Star parents who are in the audience. Would the Gold Star parents who are in the audience, the mothers and fathers of those who have given so much, please rise. I would also like, at this time, like to introduce the National President of the American Legion Auxiliary, who is also with us this morning from Maryland, Ms. Linda Nusom. A gentlemen who, I'm sure, needs no introduction to you, Mr. Legionnaire, Mr. E. Roy Stone of South Carolina. And a lovely lady, who last night, I had the opportunity to go to the real center of government in the city of Columbia, South Carolina, the Capitol Cafe, and to listen to a young lady, I knew she played the piano, but I did not know she had all of the talents she had, your own Representative Molly Spearman of Saluda. It is my privilege to come before you this morning, ladies and gentlemen of the great State of South Carolina, to talk to you a little bit about what we are as far as the American Legion is concerned and our Auxiliary. But, to first congratulate you on what you have done over the years, your relationship between the government of South Carolina and the veterans organizations of this great State. The work that you have done and the organization that you have, working with the veterans organizations throughout the State, the major organizations, is really a model, a model that other states try to emulate. Your support of the veterans organizations and the joint partnership that you have which allows for the providing of service offices throughout your counties really helps to work for those who are really the


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ones who need the assistance of the service office and professionals. Those veterans who have contributed a lot but may find themselves in the position that they are not able to get back on their feet or they have a problem. In the contribution that is made through the legislature and the government, working with the service offices, really provides an opportunity for our young people and some older veterans, the opportunity for rehab and to get back to being productive citizens. That is what it is all about. It is rare, although Mr. Safire, if you look at the morning paper, talks about the fact that VA benefits are welfare benefits. Well, that is not true. It is rare that you see a veteran abuse the VA, rare that that happens, but of course, like a lot of sensationalistic media people, they strive to find those abuses that need to be corrected. I can assure you that the American Legion for the last 76 years since our founding and since the establishment of the VA back in the 30's which we established, we wrote the legislation, we pushed for the implementation and have continued to work for the betterment of the veterans of people that raise their hand and don't ask questions and do and go in the service of their country. There is a need that when these people return and they have a problem to provide service to them, either in the form of healthcare benefits or all of us have had the opportunity, particularly those of you who served in World War II, or since World War II, to have benefit of the GI Bill. The greatest piece of social legislation passed in this century in this country. There is no question about the fact that the GI Bill which was written by the American Legion, which was pushed by the American Legion, which the American Legion helped to pass by sending a plane down to Georgia to bring that last vote to Washington in the House. If it weren't for the GI Bill, many of us who sit in this Chamber today or stand would not have the opportunity to reach the American dream, to own a home, to have an education, to provide for our children, for our grandchildren and let them provide for future generations to help and to give them a better opportunity than we had. That is what it is all about. So, all that you see, the attacks on veterans benefits, and I just left Washington last night, and I'm not sure that if Washington today had the opportunity to cross the Delaware if he knew what was going on in Washington, I'm not sure he would cross the Delaware. It is an interesting place. It is a fairy land. It is a place where people don't really exist in reality in many instances. That is rather sad because it is sort of out of touch with reality. We have had many attacks in the last couple of weeks on veterans benefits and on other programs that work for the benefit of people. The attacks that were on the outpatient and ambulatory care in the recision bill and I well understand the need for a balanced
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budget, but we step forward as we have so many times as an organization to try to see that those funds were restored in some way because the proper way with going on in the private sector and that is to render ambulatory care, outpatient care, rather than waste, in a sense or abuse the system by having somebody lay in a hospital for a week and get one test the whole time that the person is in the hospital. That is a waste of your money and my money. We are all taxpayers. I will tell you that the VA is not a sacred symbol as some would say. What the VA needs to do and what we as an organization strive to do is that when we see problems, to work to correct those problems. When we see abuse, to try to correct that abuse and when we should praise, we try to praise. But, most of you probably realize that the VA, veterans benefits and military benefits, either in the form of strong national defense, which the American Legion has always worked for or the defense industry and our military installations and I know you have lost a major installation in Charleston. Those are sizable impacts, either pro or con. With the loss of the military installation, you have lost some serious bucks. Probably two of the largest employers in most states are the VA and the military industry. We as an organization work on a daily basis in lobbying the hill in Washington and lobbying our state houses to keep those benefits strong, to keep our veterans benefits strong and to also work for a strong national defense. In doing so, we feel that we contribute back to this country. The estimate is that in rollover that each dollar that has been paid to a veteran under the GI Bill in the form of any benefit rolls over some $8, some eight times, so every dollar paid rolls over approximately $8. That is not a bad investment. That is a big investment. South Carolina, as time goes along, your veterans population continues to grow. There is going to be some needs that have to be taken care of and you are facing those needs. You need to consider them somewhat more as our older veterans population gets older, we need to consider their nursing needs. It is only those that really can't afford, those who reach the point that they can't make it, that we should really stop and take care of. They have earned it. When you raise your hand, and as many of you have raised their hand, you did not ask where you were going, you served your country. So when you came back, when you do come back and retire or leave military service, you are entitled to a response to that contract, to be properly taken care of, if you are in need, not to abuse the system. But, if you are in need, there should be care to take care of you. I would like also this morning to mention something that has been, you have been, you stepped forward, when you were asked and South Carolina joined 46 other states over the last five years in adopting a resolution urging the United States Congress for the


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