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 2320, Apr. 6 | Printed Page 2340, Apr. 11 |

Printed Page 2330 . . . . . Friday, April 7, 1995

Friday, April 7, 1995

(Local 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:

We thank You, O God, for Your mercies which are new every day. Grant to us here and to their colleagues in Government, the gift of Your wisdom to use the natural resources and the human resources that justice and righteousness may be firmly established. Show us the value of goodness, the strength of brotherhood, the conquering strength of partnership. Unite us in heart and mind to do Your will. May our minds be receptive to Your truths, our ears open to Your voice, and our wills obedient to Your will.

For Yours is the kingdom and the power and the glory forever. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. SHISSIAS moved that when the House adjourns, it adjourn in memory of Helen Dounis of Columbia, which was agreed to.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR MCCORMICK COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, PROVIDE FOR APPROPRIATIONS FOR THE OPERATION OF THE BOARD, PROVIDE FOR NECESSARY OFFICE SPACE, TELEPHONE SERVICE, AND EQUIPMENT FOR THE BOARD, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE MCCORMICK COUNTY ELECTION COMMISSION AND THE MCCORMICK COUNTY


Printed Page 2331 . . . . . Friday, April 7, 1995

REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW MCCORMICK COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3840 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF CONDITION OF INSTITUTIONS IN THIS STATE LENDING MONEY AND RECEIVING DEPOSITS, SO AS TO FURTHER PROVIDE FOR THE SUBMITTING OF THESE REPORTS; TO AMEND SECTION 34-3-420, RELATING TO STATEMENTS OF CONDITION WHICH MUST BE SENT TO THE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REVISE THE DATE THESE REPORTS MUST BE SUBMITTED AND THE CONDITIONS UNDER WHICH THESE REPORTS ARE REQUIRED AND SUBMITTED; AND TO REPEAL SECTIONS 34-3-390, 34-3-400, AND 34-3-410 RELATING TO STATEMENTS OF CONDITION REQUIRED OF CERTAIN BANKS OR INSTITUTIONS ENGAGED IN THE BANKING BUSINESS.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.


Printed Page 2332 . . . . . Friday, April 7, 1995

ADJOURNMENT

At 10:20 A.M. the House in accordance with the motion of Rep. SHISSIAS adjourned in memory of Helen Dounis of Columbia, to meet at 12:00 Noon, Tuesday, April 11.

* * *


Printed Page 2333 . . . . . Tuesday, April 11, 1995

Tuesday, April 11, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Keep us steadfast, good Lord, in our discipleship teaching us that the race is not always to the swift, but to those who keep on running; that success is a journey, not a destination; that life does not require that we be the biggest or the best, but that we keep on trying. So keep our eyes focused on the goal of doing our best for the accomplishment of worthwhile things. Stay with us, we pray, to guide us in actions great and small. With purity of heart and singleness of purpose, may we first serve You, and then make of us instruments of service to our fellow-beings.

And to You, Lord God, shall be our thanksgiving and praise. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HASKINS moved that when the House adjourns, it adjourn in memory of William Walter Wilkins of Greenville, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1846
Promulgated By LLR: Real Estate Commission
Teaching Methods
Received By Speaker April 10, 1995
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 16, 1996


Printed Page 2334 . . . . . Tuesday, April 11, 1995

REPORT OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

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

Invitation of The S.C. Victims Assistance Network, Adam Walsh Center and People Against Crime for a reception, April 27, 1995, 9:30 A.M.-12:15 P.M., in the lower lobby of the State House.

The invitation was accepted.


Printed Page 2335 . . . . . Tuesday, April 11, 1995

INTRODUCTION OF BILLS

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

H. 3968 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RELOCATABLE CLASSROOMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3975 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-265 SO AS TO PROVIDE THAT CONTACTING A JUROR OR A PERSON ASSOCIATED WITH A JUROR OR IN THE PRESENCE OF A JUROR WHO HAS SERVED IN A CAPITAL OFFENSE PROCEEDING UNDER CERTAIN CIRCUMSTANCES IS A FELONY, TO PROVIDE CONDITIONS UPON WHICH A JUROR WHO HAS SERVED IN A CAPITAL OFFENSE PROCEEDING MAY BE CONTACTED, AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 3976 -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION


Printed Page 2336 . . . . . Tuesday, April 11, 1995

50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.

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

H. 3977 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.

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

H. 3978 -- Reps. Tucker, McAbee, Stoddard, Haskins and Robinson: A BILL TO AMEND SECTION 57-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

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

H. 3979 -- Reps. Tucker, P. Harris and Hutson: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A COUNTY VETERANS AFFAIRS OFFICER, SO AS TO REQUIRE HIM TO BE A VETERAN.

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

H. 3980 -- Reps. Kelley, Cooper, Townsend and Stille: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAYS AND THE GOVERNANCE OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO ELIMINATE THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION AND REESTABLISH THE DEPARTMENT AS A CABINET AGENCY MANAGED BY A DIRECTOR APPOINTED BY THE GOVERNOR.

Referred to Committee on Education and Public Works.


Printed Page 2337 . . . . . Tuesday, April 11, 1995

H. 3981 -- Reps. Rogers, Scott and Neal: A BILL TO AMEND SECTION 7-7-465, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

Referred to Richland Delegation.

H. 3982 -- Rep. Rogers: A BILL TO AMEND SECTIONS 4-9-1210 AND 5-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INITIATIVE AND REFERENDUM PROCEDURE AFFECTING COUNTY AND MUNICIPAL ORDINANCES, SO AS TO DELETE THE EXCEPTION OF AN ORDINANCE APPROPRIATING MONEY OR AUTHORIZING THE LEVY OF TAXES.

Referred to Committee on Judiciary.

H. 3983 -- Rep. Rogers: A BILL TO REPEAL CHAPTER 9, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, DUTIES, AND RESPONSIBILITIES OF THE JAIL AND PRISON INSPECTION PROGRAM.

Referred to Committee on Judiciary.

H. 3984 -- Reps. Cotty, Sheheen, Baxley, Boan and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE RESTRICTIONS FOR MOTORBOATS ON LAKE WATEREE.

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

H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE


Printed Page 2338 . . . . . Tuesday, April 11, 1995

INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.

Referred to Committee on Labor, Commerce and Industry.

H. 3986 -- Reps. Neal, Canty, Cave, Cobb-Hunter, Howard, Govan and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION PANEL TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF JUSTICES AND JUDGES FOR VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION, TO PROVIDE FOR THE MEMBERSHIP OF THE PANEL, TO PROVIDE THE PROCEDURES FOR THE NOMINATION AND ELECTION OF CANDIDATES FOR THESE JUDICIAL OFFICES; TO PROHIBIT SITTING MEMBERS OF THE GENERAL ASSEMBLY, MEMBERS OF THEIR FAMILY WITHIN THE SECOND DEGREE, AND THEIR LAW PARTNERS OR ASSOCIATES OF THEIR LAW FIRM FROM SUBMITTING APPLICATIONS TO THE PANEL OR BEING ELECTED BY THE GENERAL ASSEMBLY TO SUCH JUDICIAL OFFICES; TO REPEAL SECTIONS 2-19-70 AND 2-19-80 OF THE 1976 CODE RELATING TO PLEDGING AND OTHER PROCEDURAL MATTERS REGARDING JUDICIAL ELECTIONS; AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE CONTINGENT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING A JUDICIAL MERIT SELECTION PANEL WHOSE NOMINATIONS AND FINDINGS FOR THESE JUDICIAL OFFICES ARE BINDING ON THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK


Printed Page 2339 . . . . . Tuesday, April 11, 1995

LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.

Referred to Committee on Education and Public Works.

S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 3969 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. 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, 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, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal,


Printed Page 2340 . . . . . Tuesday, April 11, 1995

Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, 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 TO CONGRATULATE MRS. SANDRA R. LEATHERWOOD OF ST. MARTIN DE PORRES CATHOLIC SCHOOL IN COLUMBIA UPON BEING NOMINATED FOR THE NATIONAL AWARD OF "OUTSTANDING TEACHER OF MATH AND SCIENCE" AND TO EXPRESS APPRECIATION FOR HER MANY YEARS OF DEDICATED SERVICE TO THE CATHOLIC SCHOOL SYSTEM.

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


| Printed Page 2320, Apr. 6 | Printed Page 2340, Apr. 11 |

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