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 190, Jan. 10 | Printed Page 210, Jan. 11 |

Printed Page 200 . . . . . Tuesday, January 10, 1995

CONCURRENT RESOLUTION

The following was introduced:


H. 3224 -- Reps. Harvin, Kennedy, T. Brown, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, 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, J. Harris, P. Harris, Harrison, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, 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, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JOHN J. SNOW, JR., OF WILLIAMSBURG COUNTY, DISTINGUISHED FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA.

Whereas, the Honorable John J. Snow, Jr., of Williamsburg County served with distinction in the General Assembly for eighteen years; and

Whereas, as a member of the House of Representatives, former Representative Snow represented the citizens of House District Number 103; and

Whereas, he was chairman emeritus of the House Agriculture, Natural Resources and Environmental Affairs Committee and served as chairman of the wildlife subcommittee; and

Whereas, he worked hard for good government in South Carolina and was a friend to all the members of the General Assembly with whom he served for nearly two decades; and

Whereas, we will miss his sense of humor, his delightful personality, and especially his insight and leadership qualities; and

Whereas, we want him to know that he is our dear friend and that he has our very best wishes for happiness and success in all of his endeavors. Now, therefore,


Printed Page 201 . . . . . Tuesday, January 10, 1995

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable John J. Snow, Jr., of Williamsburg County, distinguished former member of the House of Representatives, for his many years of outstanding service to the people of South Carolina.

Be it further resolved that a copy of this resolution be forwarded to former Representative Snow.


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

CONCURRENT RESOLUTION

The following was introduced:


H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:


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.

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

MOTION ADOPTED

Rep. HASKINS moved that following the roll call and the first reading of the prefiled Bills, that the House stand adjourned, which was agreed to.


Printed Page 202 . . . . . Tuesday, January 10, 1995

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           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Martin
Mason            McAbee           McCraw
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Rogers
Sandifer         Scott            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.
White            Wilder           Wilkes


Printed Page 203 . . . . . Tuesday, January 10, 1995

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 Tuesday, January 10. Jackson S. Whipper Joseph T. McElveen, Jr.
Total Present--124

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:


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.


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.


H. 3224 -- Reps. Harvin, Kennedy, T. Brown, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, 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, J. Harris, P. Harris, Harrison, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, 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, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers,


Printed Page 204 . . . . . Tuesday, January 10, 1995

Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JOHN J. SNOW, JR., OF WILLIAMSBURG COUNTY, DISTINGUISHED FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA.


ADJOURNMENT

At 1:20 P.M. the House in accordance with the motion of Rep. HARRELL adjourned in memory of Philip Perry of Myrtle Beach, to meet at 10:30 A.M. tomorrow.

* * *


Printed Page 205 . . . . . 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.


Printed Page 206 . . . . . Wednesday, January 11, 1995

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.


Printed Page 207 . . . . . Wednesday, January 11, 1995

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


Printed Page 208 . . . . . Wednesday, January 11, 1995

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


Printed Page 209 . . . . . Wednesday, January 11, 1995

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.

| Printed Page 190, Jan. 10 | Printed Page 210, Jan. 11 |

Page Finder Index