South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, JANUARY 11, 1995

Wednesday, January 11, 1995
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:30 A.M.

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

We thank You, Heavenly Father, for holding open to us the door of opportunity of a New Year. Cause us to enter it with lives dedicated to You and for the welfare of Your people. Heighten our awareness of Your constant presence and Your never failing wisdom to guide us.

Bless with Your nearness our Governor as he assumes office, and all others in their positions of leadership. Cause branches of government - the Executive, Legislative and Judicial - to move forward, walking and working together with hands joined in partnership - that ours might remain a government "of the people, by the people and for the people."

To You, Lord, we give our unending thanks. 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.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 339 -- Senator Saleeby: A CONCURRENT RESOLUTION TO RECOGNIZE MR. DAVID R. MERCER, THE NATIONAL EXECUTIVE DIRECTOR OF THE YMCA OF THE UNITED STATES, FOR HIS DEDICATION AND EXEMPLARY SERVICE TO THE YMCA OVER THE LAST THIRTY-FIVE YEARS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 341 -- Senators Passailaigue, Ford, McConnell, Richter, Rose, Greg Smith and Washington: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF MR. MILTON ALFRED PEARLSTINE, PRESIDENT OF I.M. PEARLSTINE AND SONS, CHARLESTON'S OLDEST CONTINUOUSLY OPERATED FAMILY BUSINESS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 343 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS AND ADMIRERS OF DR. MARION WOODARD WRIGHT MCLESTER OF REMBERT WHO DIED FRIDAY, DECEMBER 30, 1994.

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

MOTION ADOPTED

Rep. LAW moved that when the House adjourns, it adjourn in memory of Glenn W. Rickborn, which was agreed to.

INTRODUCTION OF BILLS

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

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.

Referred to Committee on Education and Public Works.

H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, ALSO TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.

Referred to Committee on Judiciary.

H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".

Referred to Committee on Judiciary.

H. 3231 -- Reps. Knotts, Whatley, Riser, Inabinett, Hutson, T. Brown, Bailey, Limehouse, Tucker, Jaskwhich, Rogers, Scott, Lloyd, Stille, Shissias, Wilkes, Witherspoon, Koon, J. Young, Cromer, Howard, Quinn, Huff, Wright, J. Brown, Stuart, Harvin, Harrison, Jennings, Mason and Dantzler: A BILL TO REPEAL SECTIONS 38-77-175 AND 56-7-12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WHEN THE OPERATOR OR OWNER OF AN INDIVIDUAL PRIVATE PASSENGER AUTOMOBILE IS ISSUED A TRAFFIC TICKET FOR A MOVING VIOLATION BY A LAW ENFORCEMENT OFFICER, THE AUTOMOBILE OPERATOR OR OWNER MUST BE FURNISHED A WRITTEN REQUEST FORM TO BE COMPLETED BY HIM AND HIS INSURER OR THE AGENT ISSUING THE POLICY TO VERIFY LIABILITY INSURANCE COVERAGE, AND PENALTIES FOR FAILURE TO RETURN A COMPLETED FORM.

Referred to Committee on Labor, Commerce and Industry.

H. 3232 -- Reps. J. Brown, Inabinett and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE REQUIREMENTS TO RENEW A LICENSE FOR FUNERAL DIRECTORS AND EMBALMERS.

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

H. 3233 -- Reps. J. Brown, Inabinett, Shissias, Neal and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-7-190 SO AS TO PROHIBIT THE EMANATION OF EXCESSIVE SOUND OR NOISE BY USE OF A SOUND AMPLIFICATION SYSTEM, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3234 -- Reps. J. Brown, Inabinett, Canty and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-215 SO AS TO PROVIDE FOR SPECIFIED DUTIES AND RESPONSIBILITIES OF THE GOVERNING BOARD OF A SCHOOL DISTRICT IN REGARD TO CERTAIN SUSPENDED OR EXPELLED STUDENTS INCLUDING A REQUIREMENT FOR ALTERNATIVE EDUCATION PROGRAMS FOR THESE STUDENTS; TO PROVIDE FOR WAIVERS AND EXCEPTIONS THERETO; AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION AND THE STATE SUPERINTENDENT OF EDUCATION IN REGARD TO THE ABOVE.

Referred to Committee on Education and Public Works.

H. 3235 -- Reps. J. Brown, Canty, Klauber, Neal, Scott, Inabinett, Harvin, Neilson, Shissias and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-57 SO AS TO PROVIDE A PROCEDURE FOR THE QUALIFICATION OF A CANDIDATE FOR STATEWIDE OFFICE WHEN THE PERSON WINNING THE PRIMARY DIES OR WITHDRAWS; TO AMEND SECTION 7-11-50, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO MAKE REFERENCE TO SECTION 7-11-57; AND TO AMEND SECTION 7-11-55 RELATING TO REQUIRING A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO IS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO MAKE REFERENCES TO SECTION 7-11-57.

Referred to Committee on Judiciary.

H. 3236 -- Reps. J. Brown, Canty and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-110 SO AS TO REQUIRE, WITH CERTAIN LIMITATIONS, THAT AN EMPLOYER GRANT LEAVE UP TO TWELVE HOURS A YEAR TO AN EMPLOYEE TO ATTEND SCHOOL CONFERENCES OR ACTIVITIES, TO REQUIRE VERIFICATION OF ATTENDANCE, AND TO PROVIDE THAT THE EMPLOYER IS NOT REQUIRED TO PAY THE EMPLOYEE FOR THE TIME TAKEN.

Referred to Committee on Labor, Commerce and Industry.

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.
Byrd                   Cain                   Canty
Carnell                Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Elliott                Fair
Felder                 Fleming                Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Herdklotz              Hines
Hodges                 Howard                 Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 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               Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Seithel                Sharpe                 Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Thomas
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, January 11.

John L. Scott, Jr.                Mark S. Kelley
Total Present--123

MOTION ADOPTED

Rep. SHEHEEN moved that upon completion of the Inaugural Ceremony, the House stand adjourned, which was agreed to.

HOUSE STANDS AT EASE

On motion of Rep. SHEHEEN the House stood at ease until the Inauguration.

THE HOUSE RESUMES

At 10:50 A.M. the House resumed, the SPEAKER in the Chair.

INAUGURAL CEREMONY

At 11:00 A.M. the House repaired to the south portico of the State House where it joined the Senate.

The Inaugural Party proceeded to the Speaker's stand.

THE 91ST INAUGURAL OF THE
GOVERNOR OF SOUTH CAROLINA
GOVERNOR DAVID M. BEASLEY
INAUGURAL ADDRESS

I stand before you today humbled by the awesome responsibility of this office but confident in the system and the people of South Carolina. Standing at the top of these grand stairs moments ago, my mind raced through South Carolina history. I thought about the 112 people who came before me - some during wars - others during economic uncertainties. But through it all, they and their people persevered. They did it with hard work, with vision and with boundless faith in their destiny as a people - a people called South Carolina. Our rich heritage of leaders is unbroken. For about three decades one man has served the people with dedication and integrity and his wife has been right there all along. I want to thank Nick and Emilie Theodore for their fine contributions to our State and ask that you join me in thanking them. There's another couple I want to recognize. Two teenagers from Greenville discovered each other some time back. I dare not say how long ago it was. But time has been good to them and to the people they served in the legislature, Congress, and the Governor's Office. Carroll Campbell is leaving office the highest rated Governor in America. He has taken us to new economic heights. His leadership saved lives. His stewardship reformed government. Because of programs he and Iris championed, fewer babies are dying at birth and more children are being immunized. There's not a person in this State who has not been touched by their leadership. To Carroll and Iris Campbell, I say the people of South Carolina love you dearly and on behalf of them thank you for everything you've done. The last two years were a wonderful education for Mary Wood and me. Ours was the privilege of getting to know South Carolina one community, one street, one family at a time. Yes, we are a diverse lot, we South Carolinians. But, even though we are of different religions, races, and politics, we can agree that before the institution of government, there was another institution already created. It was the institution of family. Let us agree that it's time to put families first in South Carolina. We will put families first by declaring that government exists to serve them not vice versa. We will put families first by making sure that decisions made around government conference tables do not conflict with decisions made around family dinner tables. Our highest calling is not to perpetuate bureaucracy but to offer opportunity. State government is poised to provide such opportunity as never before. For the first time some of the most important agencies in government are directly accountable to the people because they answer to the governor elected by the people. We have initiated fundamental change in the structure of our government. Now we must initiate fundamental change in our philosophy of governing. I have instructed every agency under my direction to examine every policy and program with several questions:

Are they needed?

How can they be carried out more efficiently?

and, the most important question - Is every program and policy pro-family and pro-business? We will reject policies that hurt our efforts to create jobs and rebuild families. There are other changes in which agencies under my direction do business. As a legislator, I was appalled by turf protecting and narrow-minded bureaucrats who competed for scarce tax dollars. The big picture did not seem to matter to some. Elected officials were constantly thwarted by special interest groups promoting their own agendas. This often led to overlap and duplication. No longer. Agencies under my direction will work together. They will work for the people, not themselves. They will be in tandem with the governor in providing opportunity, and they will get out of the way as individual initiative flourishes. That's a promise. The foundation of opportunity is an education and a job. You can't have one without the other. To the business community, I say that we will continue our efforts to maintain a climate in which you can create jobs and wealth which will benefit all of us. We will give you the skilled work force. We will be your partner to develop rural South Carolina. We will assure you of fair tax policy. We will grow our economy by helping business grow, not by following the pied pipers of higher taxes and gambling. And we must prepare our people to perform jobs the private sector creates. The average person changes jobs seven times in a lifetime. Our technical, vocational, and university systems must be retooled to accommodate the demands of an information-based society. Our public schools must be adequately funded, our teachers adequately paid, to prepare our children to enter the world of technology...and we must embrace innovation in the schools. But opening the school doors to innovation does not require closing the doors on time-tested principles. C.S. Lewis, the Oxford don, wrote, "We make men without chests and expect of them virtue and enterprise. We laugh at honor and are shocked to find traitors in our midst." Thirty years of value free social experimentation in society at large and the public school system have heaped disaster upon disaster...a virtual moral meltdown. Value free means that nothing is right and nothing is wrong. If, then, there is no right and wrong, no ultimate truth, there are no parameters. And if there are no parameters, then anything goes. Juvenile crime, school violence, educational mediocrity, illegitimate births, deadbeat dads, crack babies...all are logical consequences of a society that accepts anything. But on November 8th, the people of South Carolina and our nation spoke in one voice. They declared independence from a morally neutral society and they expect government to act nobly and now! Government has been part of the problem, not by what it has said, but by what it has done. We are repulsed by school violence and undisciplined children, yet flirt with new age doctrines that encourage the very habits we detest. We demand character and virtue in our children, yet shrink from character education because a few judge such teaching politically incorrect. We give lip service to reducing government and letting wage earners keep more of what they earn, yet propose tax increases to offset reductions of other taxes. We exalt family, yet promulgate policies which encourage family break-up. We say that personal responsibility and hard work are virtues, yet perpetuate a welfare system in which neither is required. We say it's wrong to have babies out of wedlock, yet financially reward those who do. We say crime does not pay, yet build a prison system in which crime and punishment have little correlation. If ever putting families first is to be more than political rhetoric, if ever society is to reclaim the moral high ground, if ever our children are to walk in goodness, justice and mercy, then our deeds must match our words. Ladies and gentlemen, today we begin. In a democracy every voice is heard, every right respected. I pledge to you that my administration will reach out to all of South Carolina and seek the best and brightest wherever they may be. Yet, there are some guiding principles. While we reaffirm religious liberty for all, historical truth teaches the Judeo-Christian ethic as the guiding light that made America great and can make America great once again. We seek not the lowest common denominator which drags everyone down but the highest of standards which lifts everyone up. In South Carolina we will honor excellence. We will exalt character. We will cherish virtue. We will once again, by words and deeds, place a premium on the individual...each person a unique moral agent, capable of making choices and accepting responsibility for those choices. And most importantly, we will acknowledge the image of God in every man, woman, and child. Government has been part of the problem and it can be part of the solution. But there are limits. Samuel Johnson wrote, "How small, of all that human hearts endure, that part which laws or kings can cause or cure." Many of today's social disorders are matters of the heart and government can't change a human heart. The answers to the problems vexing society today are in the homes of South Carolina. Homes where children are trained up in the way they should go, where values are taught, where God is worshipped. Homes, to paraphrase the prophet Malachi, in which the hearts of parents have been restored to their children, and the hearts of the children have been restored to their parents. But human history tells us that no matter how hard we try, loneliness and poverty and hopelessness will be constant companions for many. At all of our inaugural activities we are asking people to bring items needed by children's homes across the State. Those items will meet immediate needs. But I'm doing it for a more important reason. I want every child to understand something. Regardless of your circumstances I want you to know that we love you, God loves you and we will do everything within our power to be the family that you don't have. The French social philosopher, Alexis de Tocqueville, came to America in the 1830's to find out what made this country so great, so fast. He concluded that America is great because America is good. But he warned that, if America ever ceases to be good, it will cease to be great. He found the key to greatness not in the halls of government, important as that is, but in the churches, the homes, the communities, the hearts of the people. In so many ways South Carolina has been at the forefront of American history; but perhaps our most important contribution to the nation is that we have not turned our back completely on family and tradition and faith. I'm optimistic about the future because we don't have to debate the problems. We know what they are because of the virtues we share as a people. Our challenge is to find solutions - in government - in the family - in the school rooms and board rooms and churches and synagogues. With hard work, cooperation, and the grace of God, we will build a South Carolina that is good and strong and noble. We will put families first. Thank you and God bless you.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3226 -- Rep. T. Brown: A CONCURRENT RESOLUTION CONGRATULATING THE CHOPPEE INDIANS FOOTBALL TEAM OF GEORGETOWN COUNTY ON WINNING THE 1994 STATE CLASS A FOOTBALL CHAMPIONSHIP.

ADJOURNMENT

At 12:45 P.M. the House in accordance with the motion of Rep. LAW adjourned in memory of Glenn W. Rickborn, to meet at 10:00 A.M. tomorrow.

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