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 2460, Apr. 18 | Printed Page 2480, Apr. 19 |

Printed Page 2470 . . . . . Wednesday, April 19, 1995

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3518 -- Rep. Richardson: A BILL TO AMEND SECTION 38-31-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO CHANGE THE DEFINITION OF "COVERED CLAIM"; AND TO AMEND SECTION 38-31-100, RELATING TO THE SAME ACT, THE REQUIREMENT THAT CLAIMANTS EXHAUST RIGHTS UNDER OTHER POLICIES, AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ANY RECOVERY UNDER THIS ACT MUST BE REDUCED BY THE STATUTORY CAP APPLICABLE TO THE OTHER INSURANCE GUARANTY ASSOCIATION OR ITS EQUIVALENT.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE


Printed Page 2471 . . . . . Wednesday, April 19, 1995

CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SALES BY RETAIL DEALERS OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR CONSUMPTION IN COMMERCIAL AIRCRAFT ENGAGED IN INTERSTATE COMMERCE.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3760 -- Reps. Klauber, Vaughn and Felder: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND EXEMPTIONS, SO AS TO PROVIDE THAT NO FEE PROVIDED FOR IN THIS SECTION OR BY ANY REGULATION PROMULGATED UNDER THIS SECTION SHALL BE CHARGED TO, IMPOSED UPON, OR COLLECTED FROM OR ON BEHALF OF ANY PERSON EXEMPTED FROM THE CONTINUING EDUCATION REQUIREMENTS OF THIS SECTION.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3777 -- Reps. Neilson, Inabinett, Robinson, Littlejohn, S. Whipper, Sandifer, Rice, Allison, Stuart, Stille, Richardson and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 8 SO AS TO AUTHORIZE


Printed Page 2472 . . . . . Wednesday, April 19, 1995

CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO COLLECT SOLID WASTE OR RECOVERED MATERIALS.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A


Printed Page 2473 . . . . . Wednesday, April 19, 1995

BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3809 -- Reps. Witherspoon, Keegan, Kelley and Koon: A BILL TO AMEND SECTION 50-11-1920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.


Printed Page 2474 . . . . . Wednesday, April 19, 1995

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3867 -- Reps. Limehouse, Hutson, Rhoad, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT


Printed Page 2475 . . . . . Wednesday, April 19, 1995

THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3427 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH A REVIEW AND FOR WHEN SUCH A JUDICIAL REVIEW IS AUTHORIZED.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Ordered for consideration tomorrow.


Printed Page 2476 . . . . . Wednesday, April 19, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 4131 -- Reps. Inabinett, Richardson, Keyserling, Lloyd, Rogers, Scott, Chamblee, Cooper and Riser: A CONCURRENT RESOLUTION TO DIRECT THE STATE HOUSE COMMITTEE TO PROVIDE FOR PROFESSIONAL EXAMINATION OF ALL PAINTINGS AND PORTRAITS DISPLAYED IN THE STATE HOUSE UPON THEIR REMOVAL DURING THE STATE HOUSE RENOVATION PROJECT FOR THE PURPOSE OF DETERMINING A NEED FOR RESTORATION OR OTHER REPAIRS OF THESE PAINTINGS AND THEIR FRAMES, TO PROVIDE FOR THE EXPENSES OF THE EXAMINATION TO BE PAID FROM THE APPROVED ACCOUNTS OF BOTH HOUSES, AND TO REQUIRE THE STATE HOUSE COMMITTEE TO REPORT THE RESULTS AND RECOMMENDATIONS OF THESE EXAMINATIONS TO THE GENERAL ASSEMBLY.

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

CONCURRENT RESOLUTION

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

H. 4132 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1995, "WORKERS' MEMORIAL DAY".

Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and

Whereas, many workers die with little attention each year while performing their jobs, others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and

Whereas, in fiscal year 1994, thirty-nine workers died in South Carolina while working from causes as varied as electrocution, falls, and being struck by objects; and

Whereas, when these workers died they left behind families that had loved and depended on them; and

Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths


Printed Page 2477 . . . . . Wednesday, April 19, 1995

and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,

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

That April 28, 1995, a date chosen by the South Carolina AFL-CIO, be commemorated as "Workers' Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.

Be it further resolved that a copy of this resolution be forwarded to Mr. G. O. Smoak, President of the South Carolina AFL-CIO.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 745 -- Senators Land, Williams, Jackson and Leventis: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO ALLOW LICENSED REAL ESTATE APPRAISERS LOCATED IN THE SANTEE-COOPER AREA OF CLARENDON, SUMTER, ORANGEBURG, AND CALHOUN COUNTIES WHO ARE NOT MAI OR SRA CERTIFIED AN OPPORTUNITY TO BID ON THE CONTRACT TO APPRAISE THE PROPERTY IN THEIR COUNTIES WHICH WILL BE SOLD BY THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.

The Concurrent Resolution was ordered referred to the Committee on Labor, Commerce and Industry.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 746 -- Senator Washington: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MANY FRIENDS AND FAMILY OF MRS. ELIZABETH TAYLOR SIMMONS, UPON HER DEATH ON SUNDAY, APRIL 9, 1995, AT THE AGE OF ONE HUNDRED AND SEVEN.

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


Printed Page 2478 . . . . . Wednesday, April 19, 1995

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 747 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION DESIGNATING JUNE 28, 1995, AS "CAROLINA DAY" IN COMMEMORATION OF THE EVENTS OF JUNE 28, 1776, WHEN A GROUP OF OUT-MANNED AND OUT-GUNNED SOUTH CAROLINIANS, UNDER THE LEADERSHIP OF COLONEL WILLIAM MOULTRIE, TURNED BACK THE ATTACK OF A POWERFUL BRITISH FLEET BENT ON CAPTURING CHARLESTON IN THE EARLY DAYS OF THE AMERICAN REVOLUTION.

Whereas, on June 28, 1776, a gallant group of out-manned and out-gunned South Carolinians, under the leadership of Colonel William Moultrie, turned back the attack of a powerful British fleet bent on capturing Charleston; and

Whereas, a defeat of the South Carolinians in the first days of the American Revolution would have been disastrous to the American cause; instead, this brilliant victory provided a beacon of hope to the patriots in those difficult days and became the first triumph of the new nation; and

Whereas, for subsequent generations of Carolinians, the twenty-eighth of June was independence day, a day to honor the liberty they enjoyed; parades, fireworks, picnics, and many other events were held to mark the day; with this commemoration, citizens of the Palmetto State celebrated not only their independence but also their unique heritage and culture; and

Whereas, in 1995, the South Carolina Historical Society, the Society of the Cincinnati, the Sons of the American Revolution, the Daughters of the American Revolution, the Fort Moultrie National Monument, and the 64th Regiment of Foot Re-enactors, under the name of the Palmetto Society, are joining their efforts to restore this important day to its proper place on South Carolina's calendar; in observance of Carolina Day, June 28, 1995, the Palmetto Society has planned a full day of activities, including a church service, a theatrical performance, a procession, and a wreath-laying ceremony; and

Whereas, the members of the General Assembly firmly believe that the significance of the accomplishments of June 28, 1776, should be appropriately commemorated. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates June 28, 1995, as "Carolina Day".

Be it further resolved that a copy of this resolution be forwarded to Major General J. A. Grimsley, Jr., USA (Retired), Chairman, Palmetto


Printed Page 2479 . . . . . Wednesday, April 19, 1995

Society, The Fireproof Building, 100 Meeting Street, Charleston, 29401-2299.

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

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison          Anderson         Askins
Bailey           Baxley           Boan
Breeland         Brown, H.        Brown, T.
Byrd             Cain             Canty
Carnell          Cato             Cave
Chamblee         Clyburn          Cobb-Hunter
Cotty            Cromer           Dantzler
Davenport        Easterday        Elliott
Fair             Fleming          Fulmer
Gamble           Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Harwell          Herdklotz        Hines
Hodges           Howard           Hutson
Jaskwhich        Jennings         Keegan
Kelley           Keyserling       Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Lloyd
Marchbanks       Mason            McAbee
McCraw           McKay            McMahand
McTeer           Moody-Lawrence   Neal
Phillips         Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Rogers           Sandifer
Scott            Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stuart           Thomas
Townsend         Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, L.
Whipper, S.      White            Wilder


Printed Page 2480 . . . . . Wednesday, April 19, 1995

Wilkes           Wilkins          Witherspoon
Wofford          Wright           Young, A.


| Printed Page 2460, Apr. 18 | Printed Page 2480, Apr. 19 |

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