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

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| Printed Page 2500, Apr. 19 | Printed Page 2520, Apr. 20 |

Printed Page 2510 . . . . . Thursday, April 20, 1995

That the Members of the General Assembly invite the South Carolina Young Men's Christian Association to observe the General Assembly in session on Thursday, May 4, 1995, as a part of its Middle School Model Legislature program.

Be it further resolved that the members of the General Assembly authorize the South Carolina Young Men's Christian Association to use the Senate Chamber and the Chamber of the House of Representatives on Friday, May 5, 1995, to conduct its Middle School Model Legislature program. If either House is in statewide session, the chamber of that House may not be used.

Be it further resolved that the offices of the Sergeants at Arms of the Senate and of the House of Representatives shall provide assistance and access as necessary for this meeting in accordance with applicable procedures, Rules of the Senate, and Rules of the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Mary Capers Bledsoe, Executive Director, YMCA Youth in Government, and the Honorable James R. Melton and the Honorable Mitchell G. Dorman, Sergeants at Arms of the Senate and of the House of Representatives, respectively.

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. 713 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES, AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE BUILDINGS ON THURSDAY, NOVEMBER 30, 1995, AND FRIDAY, DECEMBER 1, 1995, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

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


Printed Page 2511 . . . . . Thursday, April 20, 1995

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 768 -- Senator Setzler: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. MARGARET L. SPIRES OF CAYCE WHO DIED APRIL 11, 1995.

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. 769 -- Senators Saleeby and Alexander: A CONCURRENT RESOLUTION COMMENDING AND THANKING JOHN G. RICHARDS FOR HIS DEDICATED AND EXEMPLARY PUBLIC SERVICE AS SOUTH CAROLINA'S CHIEF INSURANCE COMMISSIONER, AND WISHING HIM HAPPINESS AND SUCCESS IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4134 -- Rep. Tucker: A CONCURRENT RESOLUTION RECOGNIZING THE GROUNDBREAKING CEREMONIES OF SEKIDO TECHNOLOGIES, INC., IN ANDERSON COUNTY ON APRIL 26, 1995, AND EXPRESSING APPRECIATION FOR THE COOPERATIVE EFFORT THAT MADE THIS INVESTMENT A REALITY.

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

INTRODUCTION OF BILLS

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

H. 4135 -- Rep. J. Brown: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76 SO AS TO PROVIDE FOR THE


Printed Page 2512 . . . . . Thursday, April 20, 1995

LICENSED DIETICIAN AND NUTRITIONIST ACT, INCLUDING PROVISIONS FOR DEFINITIONS, PROVIDING FOR THE ADVISORY BOARD OF DIETETICS AND NUTRITION, ESTABLISHING THE DUTIES OF THE BOARD, PROVIDING FOR THE PRACTICE OF DIETETICS AND NUTRITION AND THE USE OF THE TITLE LICENSURE AND EXAMINATION REQUIREMENTS, PROVIDING FOR THE CIRCUMSTANCES UNDER WHICH A PERSON MAY PRACTICE WITHOUT EXAMINATION; AND ESTABLISHING THE PUNISHMENT AND PENALTIES FOR VIOLATIONS.

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

H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.

Without reference.

H. 4137 -- Reps. Spearman, McAbee and Clyburn: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR SALUDA COUNTY AND TO ABOLISH THE SALUDA COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF SALUDA COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

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

H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT


Printed Page 2513 . . . . . Thursday, April 20, 1995

WHEN A FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.

Without reference.

H. 4139 -- Ways and Means Committee: A BILL TO AMEND SECTION 2-7-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS ACT, SO AS TO PROVIDE THAT BEGINNING WITH ITS 1996 SESSION THE GENERAL ASSEMBLY INCLUDING ITS APPROPRIATE COMMITTEES AND THE GOVERNOR USE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE ANNUAL STATE GENERAL APPROPRIATIONS ACT.

Without reference.

S. 64 -- Senators McConnell, Rose, Wilson and Gregory: A BILL TO AMEND SECTION 24-21-680, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PRISONER'S VIOLATION OF PAROLE, SO AS TO PROVIDE FOR THE FORFEITURE OF EARNED CREDITS UPON A VIOLATION.

Referred to Committee on Judiciary.

ROLL CALL

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

Allison          Anderson         Askins
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Brown, T.        Byrd
Cain             Carnell          Cato
Cave             Chamblee         Clyburn
Cobb-Hunter      Cooper           Cotty
Cromer           Dantzler         Delleney
Easterday        Elliott          Fair
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harrison         Haskins
Herdklotz        Hines            Hodges
Howard           Huff             Hutson
Inabinett        Jennings         Keegan
Kelley           Kinon            Kirsh
Klauber          Knotts           Koon


Printed Page 2514 . . . . . Thursday, April 20, 1995

Lanford          Law              Limbaugh
Limehouse        Marchbanks       Martin
Mason            McAbee           McCraw
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Rice             Richardson       Riser
Robinson         Rogers           Sandifer
Scott            Seithel          Sharpe
Sheheen          Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Thomas
Townsend         Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whipper, L.      Whipper, S.
White            Wilder           Wilkins
Williams         Witherspoon      Worley
Wright           Young, A.        Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, April 20. Lanny F. Littlejohn Ralph W. Canty Michael F. Jaskwhich Richard M. Quinn, Jr. Sandra S. Wofford Patrick B. Harris G. Ralph Davenport, Jr. George H. Bailey William D. Keyserling Timothy C. Wilkes Michael S. Whatley Kenneth Kennedy B. Hicks Harwell Walter P. Lloyd C. Alex Harvin, III June S. Shissias

Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. TRIPP a leave of absence for the day.

The SPEAKER granted Rep. FELDER a leave of absence due to the death of his mother.


Printed Page 2515 . . . . . Thursday, April 20, 1995

SILENT PRAYER

On motion of Rep. PHILLIPS, the House stood in silent prayer for the victims of the terrorist attack at the Alfred Murrah Federal Building in Oklahoma City and the continued well being of those persons still missing.

SPECIAL PRESENTATION

Rep. KLAUBER and the Greenwood County Delegation presented to the House the Greenwood High School "Lady Eagles" Varsity Basketball Team, winners of the 1995 Class AAAA State Championship, their coaches and other school officials.

DOCTOR OF THE DAY

Announcement was made that Dr. Robert Grube of Clinton is the Doctor of the Day for the General Assembly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 22, S. 294 by a vote of 43 to 0.
(R22) S. 294 -- Senator Land: AN ACT TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.
Very respectfully,
President


Printed Page 2516 . . . . . Thursday, April 20, 1995

R. 22; S. 294--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 14, 1995
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 294, R. 22, an Act:
TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.

This veto is based upon my belief that S. 294, R. 22 of 1995 is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning S. 294, R. 22, without my signature.

Sincerely,
David M. Beasley

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 2; Nays 0

Those who voted in the affirmative are:

Baxley           Brown, G.

Total--2



Printed Page 2517 . . . . . Thursday, April 20, 1995

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.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4089 -- Reps. Stille, Townsend, Carnell and McAbee: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.

H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.

H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.

H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE


Printed Page 2518 . . . . . Thursday, April 20, 1995

PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.

H. 3463 -- Reps. Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROHIBIT A PERSON FROM SERVING ON A LOCAL FOSTER CARE REVIEW BOARD IF THE PERSON IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES; TO REQUIRE THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN TO OBTAIN RECORD CHECKS FROM THE DEPARTMENT OF SOCIAL SERVICES AND SLED, TO CERTIFY ELIGIBILITY TO SERVE ON LOCAL BOARDS, AND TO EXEMPT THE DIVISION FROM FEES FOR DEPARTMENT OF SOCIAL SERVICES RECORD CHECKS; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION FOR THE REVIEW OF FOSTER CARE OF CHILDREN ACCESS TO INFORMATION TO CERTIFY THAT NOMINEES TO AND MEMBERS OF LOCAL FOSTER CARE REVIEW BOARDS ARE ELIGIBLE TO SERVE.

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.

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.

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,


Printed Page 2519 . . . . . Thursday, April 20, 1995

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.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 732 -- Senator Drummond: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.

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.

H. 3745--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, April 25, which was adopted.

H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.


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