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 2480, Apr. 19 | Printed Page 2500, Apr. 19 |

Printed Page 2490 . . . . . Wednesday, April 19, 1995

H. 3704--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison, Wright, Thomas, Moody-Lawrence, Howard, Tripp, Harrison, Stille, Martin, Huff, Stoddard, Koon, Wilkins, Keyserling, Riser, Wells, Gamble, McCraw, Kirsh, Dantzler, Sandifer, Wilkes, Seithel, Shissias, Jennings, Boan, Sheheen, D. Smith, Littlejohn, McTeer, Harvin, Vaughn, Cato, Spearman, Kinon, Hutson, Mason, Baxley, Quinn, Lloyd, Davenport, J. Harris, T. Brown, Lanford, Harwell, Harrell, Cain, Wilder, Byrd, Beatty and J. Young: A BILL TO AMEND SECTIONS 47-3-610, 47-3-620, AND 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE TEASING, MALTREATING, AND INJURING OF POLICE DOGS AND PENALTIES ASSOCIATED WITH THESE ACTIVITIES, SO AS TO EXTEND THESE PROHIBITIONS TO POLICE HORSES AND TO INCREASE THE PENALTIES.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3890CM.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. RISER explained the amendment.

The amendment was then adopted.

Rep. KNOTTS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3939CM.95), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 47-3-610 of the 1976 Code, as added by Act 512 of 1988, is amended to read:


Printed Page 2491 . . . . . Wednesday, April 19, 1995

"Section 47-3-610. It is unlawful for a person to wilfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any a desensitizing drug, chemical, or substance to a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty;, or to interfere or meddle with a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days or more than six months, or both."

SECTION 2. Section 47-3-620 of the 1976 Code, as added by Act 512 of 1988, is amended to read:

"Section 47-3-620. It is unlawful for a person to wilfully or maliciously torture, mutilate, injure, disable, poison, or kill a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog or horse undue suffering and pain. A person who violates this provision is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars or imprisoned for not less than one year nor more than five years, or both."

SECTION 3. Section 47-3-630 of the 1976 Code is repealed.

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. KNOTTS explained the amendment.

Rep. SHARPE spoke against the amendment.

Rep. KNOTTS spoke in favor of the amendment.

Rep. SHARPE moved to table the amendment.

Rep. KNOTTS demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 36 to 15.

Rep. KNOTTS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3940CM.95), which was rejected.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:


Printed Page 2492 . . . . . Wednesday, April 19, 1995

/SECTION 1. Section 47-3-610 of the 1976 Code, as added by Act 512 of 1988, is amended to read:

"Section 47-3-610. It is unlawful for a person to wilfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any a desensitizing drug, chemical, or substance to a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty;, or to interfere or meddle with a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days or more than six months, or both."

SECTION 2. Section 47-3-620 of the 1976 Code, as added by Act 512 of 1988, is amended to read:

"Section 47-3-620. It is unlawful for a person to wilfully or maliciously torture, mutilate, injure, disable, poison, or kill a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog or horse undue suffering and pain. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand dollars or imprisoned for not less than six months nor more than one year, or both."

SECTION 3. Section 47-3-630 of the 1976 Code is repealed.

SECTION 4. This act takes effect upon approval by the Governor./

Rep. KNOTTS explained the amendment.

Rep. SHARPE moved to table the amendment.

Rep. KNOTTS demanded the yeas and nays, which were not ordered.

The House refused to table the amendment by a division vote of 25 to 25.

The question then recurred to the adoption of the amendment.

Rep. KNOTTS demanded the yeas and nays, which were not ordered.

The amendment was then rejected by a division vote of 33 to 35.

The Bill, as amended, was read the second time and ordered to third reading.


Printed Page 2493 . . . . . Wednesday, April 19, 1995

H. 3608--OBJECTIONS

Rep. WRIGHT withdrew his objection to the following Bill whereupon objections were raised by Reps. TUCKER and D. SMITH.

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

H. 3907--OBJECTION WITHDRAWN

Rep. ELLIOTT withdrew his objection to the following Bill.

H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

H. 3624--OBJECTION WITHDRAWN

Rep. J. HARRIS withdrew her objection to H. 3624 however, other objections remained upon the Bill.

H. 3203--OBJECTION WITHDRAWN

Rep. HERDKLOTZ withdrew his objection to H. 3203 however, other objections remained upon the Bill.

S. 463--OBJECTION WITHDRAWN

Rep. HERDKLOTZ withdrew his objection to S. 463 however, other objections remained upon the Bill.


Printed Page 2494 . . . . . Wednesday, April 19, 1995

H. 3608--OBJECTIONS

Reps. LANFORD, KNOTTS and R. SMITH withdrew their objections to the following Bill whereupon objections were raised by Reps. HASKINS, DAVENPORT and RISER.

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

R. 54, H. 3659--GOVERNOR'S VETO OVERRIDDEN

The veto on the following Act was taken up.

(R54) H. 3659 -- Rep. Cato: AN ACT TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 3; Nays 0

Those who voted in the affirmative are:

Cato             Herdklotz        McMahand

Total--3

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.


Printed Page 2495 . . . . . Wednesday, April 19, 1995

H. 3886--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3886 -- Reps. Spearman, McAbee and Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 378 IN SALUDA COUNTY AS THE "CANDLER GRADY MATTHEWS, SR. HIGHWAY".

Whereas, Candler Grady Matthews, Sr., has been a prominent leader, businessman, and resident of Saluda County; and

Whereas, Mr. Matthews was appointed to the State Highway Commission from the Eleventh Judicial Circuit for two four-year terms commencing on April 18, 1963 through April 15, 1967 and from April 19, 1979 through April 15, 1983; and

Whereas, the members of the General Assembly believe it would be a fitting honor and tribute to this outstanding man if a portion of Highway 378 in Saluda County were named for him. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina request the South Carolina Department of Transportation to designate and name a portion of Highway 378 beginning at the West Saluda County Line and ending at the Little Saluda River Bridge, approximately one mile east of the Saluda town limit, the "Candler Grady Matthews, Sr. Highway".

Be it further resolved that the Department of Transportation is requested to install appropriate markers or signs at places along the highway as the department considers appropriate containing the words "Candler Grady Matthews, Sr. Highway".

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and to Candler Grady Matthews, Sr.

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

RECURRENCE TO THE MORNING HOUR

Rep. HARWELL moved that the House recur to the morning hour, which was agreed to.


Printed Page 2496 . . . . . Wednesday, April 19, 1995

REPORTS OF STANDING COMMITTEE

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

Invitation of S.C. Recreation and Parks Association for a reception, May 3, 1995, 6:00 P.M. - 8:00 P.M., at Sidney Park.

The invitation was accepted.

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

Invitation of Laidlaw Environmental Services, Inc. for a reception, May 9, 1995, 6:00 P.M. - 8:00 P.M. at the State Museum, 301 Gervais Street.

The invitation was accepted.

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

Invitation of Palmetto Project (S.C. Commun-I-Care) for a reception, May 10, 1995, 6:00 P.M. - 8:00 P.M. at the Capital City Club.

The invitation was accepted.

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

Invitation of The Governmental Affairs Committee of the Association of Citadel Men for a barbeque, May 16, 1995, 6:30 P.M. - 10:00 P.M., in the Canty Building on the State Fair Grounds.

The invitation was accepted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 764 -- Senator Leatherman: A CONCURRENT RESOLUTION CONGRATULATING DR. LEE A. VICKERS ON HIS INAUGURATION AS FRANCIS MARION UNIVERSITY'S THIRD PRESIDENT AND TO WISH HIM, HIS FAMILY, AND THE FRANCIS MARION UNIVERSITY COMMUNITY MUCH FUTURE SUCCESS.

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


Printed Page 2497 . . . . . Wednesday, April 19, 1995

H. 3859--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the following Joint Resolution until Tuesday, April 25, which was adopted.

H. 3859 -- Reps. Riser, Hines, Inabinett, Rhoad, Witherspoon, Koon, Limehouse and Fulmer: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

ORDERED TO THIRD READING

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

S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

Rep. RISER explained the Bill.

H. 3581--OBJECTIONS

The following Bill was taken up.

H. 3581 -- Reps. Sharpe, Herdklotz, Meacham, Bailey, Littlejohn, Fulmer, Law, A. Young, Rice, Davenport, Vaughn, Haskins, D. Smith, Cato, Mason and Riser: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF REGULATION; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE PUBLIC HEARING NOTICE ON PROPOSED REGULATIONS; TO AMEND SECTION 1-23-111, RELATING TO PROCEDURES FOR CONDUCTING PUBLIC HEARINGS AND THE REPORT OF THE OFFICIAL PRESIDING AT THE PUBLIC HEARING AND THE AGENCY'S RESPONSE TO THE REPORT, SO AS TO


Printed Page 2498 . . . . . Wednesday, April 19, 1995

PROVIDE THE BASIS FOR THE DETERMINATION OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AVAILABLE TO AN AGENCY IN RESPONDING TO A REPORT; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED AND TO AUTHORIZE A LEGISLATIVE COMMITTEE TO REQUEST A REPORT AND TO PROVIDE PROCEDURES UNDER WHICH THE ONE HUNDRED TWENTY DAY REVIEW PERIOD IS TOLLED UPON SUCH A REQUEST, AND TO MANDATE THE CONTENTS OF THE REPORT; TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, BOTH RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROHIBIT AN AGENCY FROM WITHDRAWING OR MODIFYING A REGULATION EXCEPT UPON NOTICE BY THE LEGISLATIVE COMMITTEE.

Rep. JENNINGS explained the Bill.

Reps. BAXLEY, ROGERS, CANTY, NEAL, COBB-HUNTER, LLOYD, CAVE, VAUGHN, CATO, FULMER, R. SMITH and HERDKLOTZ objected to the Bill.

Further proceedings were interrupted by the House standing at ease until the Joint Assembly.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.

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.


Printed Page 2499 . . . . . Wednesday, April 19, 1995

PRESENTATION OF 1995

S.C. FOLK HERITAGE AWARD WINNERS

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

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The 1995 S.C. Folk Heritage Award Winners were escorted to the rostrum by Senators Patterson, Greg Smith, Moore, Richter, Glover and Representatives LIMEHOUSE, SEITHEL, PHILLIPS, CLYBURN and J. HARRIS.

Lt. Governor Peeler made the following opening remarks:

"Today we honor extraordinary South Carolinians for their achievement in keeping alive rare and endangered art forms that are rooted in the ethnic and traditional cultures of our State. We appreciate the sense of community, the sense of beauty, and the feeling for South Carolina's uniqueness that they carry with them and perpetuate for future generations. Thanks to the Joint Committee on Cultural Affairs, McKissick Museum, and the South Carolina Arts Commission for working together to make this event possible and for nurturing these traditions that are so important to us. And now, The Honorable David Wilkins, Speaker of the House, will present the 1995 winners of our South Carolina Folk Heritage Awards."

Speaker WILKINS made the following remarks:

"Thank you... The Folk Heritage Awards were created in 1986 to recognize lifetime achievement and excellence in traditional folk arts in South Carolina. Through our state's folk artists and their unique skills, we are all better able to understand these age-old South Carolina traditions. This helps us to recognize and reflect upon our cultural


Printed Page 2500 . . . . . Wednesday, April 19, 1995

similarities and differences and gives us a sense of identity and belonging. Our 1995 winners were selected by an Awards Advisory Committee whose names are in your program. On behalf of the General Assembly, I thank them for volunteering their time, skill, and interest in making today's ceremony possible. With our encouragement and with our support, we hope that these traditions will be passed on and will continue to thrive for the benefit of future generations of South Carolina. I will now introduce this year's winners with a brief description of each individual or group. Our first winner is Agnes Brown. Agnes Brown is the first South Carolinian to be honored with a Folk Heritage Award for `tradition bearing.' A tradition bearer is a person who possesses and shares a great deal of knowledge about the language, beliefs, and customs of a particular culture. These `keepers of the culture' maintain traditional ways and pass them on to the next generation. Agnes Brown has led a life full of folk ways that most people only read about. She has been generous in sharing her great knowledge of the Gullah culture with any who seek her out. These unique traditions, like `jumping the broom' at wedding ceremonies, have been shared by Mrs. Brown to the delight of all who meet her. `Jumping the broom' is a Gullah wedding custom. According to the tradition, the newlywed who jumps over the broom last outlives his or her spouse. Mrs. Brown recalls with glee how she fixed it so that her husband, Mundy Brown, would be the first to jump the broom. Mundy died in 1978 and at age 108, Agnes is living proof that she who jumps last lives longest. Accepting for Agnes Brown are two of her great grandchildren, Jerome Green and Tomeka Garrett."


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