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 2760, Apr. 26 | Printed Page 2780, Apr. 27 |

Printed Page 2770 . . . . . Wednesday, April 26, 1995

Rep. HASKINS moved that the House do now adjourn.

Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Yeas 54; Nays 50

Those who voted in the affirmative are:

Allison          Anderson         Brown, G.
Brown, H.        Cain             Carnell
Cato             Chamblee         Cooper
Davenport        Delleney         Easterday
Fair             Harris, J.       Harvin
Haskins          Herdklotz        Huff
Hutson           Kinon            Kirsh


Printed Page 2771 . . . . . Wednesday, April 26, 1995

Klauber          Koon             Lanford
Limbaugh         Littlejohn       Marchbanks
Mason            McCraw           McMahand
McTeer           Meacham          Neal
Phillips         Quinn            Rhoad
Rice             Riser            Robinson
Sandifer         Sharpe           Simrill
Smith, R.        Stille           Townsend
Trotter          Vaughn           Waldrop
Walker           Whipper, L.      Wilkins
Witherspoon      Young, A.        Young, J.

Total--54

Those who voted in the negative are:

Askins           Bailey           Baxley
Breeland         Brown, J.        Byrd
Cave             Clyburn          Cobb-Hunter
Cotty            Cromer           Dantzler
Gamble           Govan            Hallman
Harrell          Harrison         Harwell
Hines            Hodges           Howard
Inabinett        Jennings         Keegan
Kelley           Keyserling       Knotts
Law              Limehouse        Lloyd
Martin           Moody-Lawrence   Richardson
Rogers           Scott            Seithel
Sheheen          Shissias         Spearman
Stoddard         Stuart           Thomas
Whatley          Whipper, S.      White
Wilder           Williams         Wofford
Worley           Wright

Total--50

So, the motion to adjourn was agreed to.


Printed Page 2772 . . . . . Wednesday, April 26, 1995

RECORD FOR JOURNAL

I may have missed some roll call votes during the days deliberations. I was out of the chamber for some period of time meeting with the Attorney General Charlie Condon concerning the Citadel law suit.

Rep. RICHARD M. QUINN, JR.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4143 -- Reps. Robinson, Trotter, Marchbanks, Rice, 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, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, 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 EXPRESS THE DEEPEST SYMPATHY AND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF A TRUE PUBLIC SERVANT AND ONE OF THE FINEST LEGISLATORS IN THIS STATE'S HISTORY, THE HONORABLE B.L. HENDRICKS OF PICKENS COUNTY, WHO PASSED AWAY ON WEDNESDAY, APRIL 19, 1995.

H. 4148 -- Reps. Howard, Anderson, McMahand, Beatty, Moody-Lawrence, Canty, Hines, Cobb-Hunter, Neal, J. Brown, Byrd, Scott, Clyburn, Cave, Govan, Kennedy, Williams, T. Brown, L. Whipper, Breeland, Inabinett, S. Whipper, Lloyd and White: A CONCURRENT RESOLUTION RECOGNIZING THE OCCASION OF W. A. PERRY TASK FORCE APPRECIATION DAY ON APRIL 30, 1995, AND COMMENDING THE MEMBERS OF THE W. A. PERRY TASK


Printed Page 2773 . . . . . Wednesday, April 26, 1995

FORCE FOR THEIR UNTIRING EFFORTS IN IMPROVING THE QUALITY OF EDUCATION AND OVERALL CONDITIONS AT W. A. PERRY MIDDLE SCHOOL.

H. 4151 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF GENERAL McCANTS, JR., OF MAYESVILLE IN LEE COUNTY.

H. 4152 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JULIEN WEINBERG, JUDGE OF PROBATE FOR CLARENDON COUNTY, FOR HIS OUTSTANDING PUBLIC SERVICE AND EXTENDING BEST WISHES FOR A HAPPY RETIREMENT.

H. 4162 -- Rep. Cotty: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND CHARLES RANDOLPH DELK OF RICHLAND COUNTY ON HIS OVER TWENTY YEARS OF SERVICE AS JUDGE OF THE PONTIAC MAGISTRATE'S COURT AND TO WISH HIM GODSPEED AND GOOD HEALTH IN HIS RETIREMENT.

ADJOURNMENT

At 6:40 P.M. the House in accordance with the motion of Rep. KELLEY adjourned in memory of R.P. Benik, Sr. of Myrtle Beach, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2774 . . . . . Thursday, April 27, 1995

Thursday, April 27, 1995

(Statewide 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:

Gracious Lord and Father, we are grateful for these daily moments of prayer when in communion with You the swift pace of our lives is halted and its fever of haste melt away. By waiting patiently for You, we see more clearly, think more constructively, make decisions more worthily. Beyond all our desires, so often colored by self-interest, we would seek Your way. Give us a faith fit to live by, a self fit to live with, and a cause fit to live for.

We pray to our God Who is the same yesterday, today and always.

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.

MOTION ADOPTED

Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Deacon Joe Green of Aiken, which was agreed to.

R. 65, H. 3853--GOVERNOR'S VETO RECEIVED

AND DEBATE ADJOURNED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 26, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3853, R. 65, an Act:
TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY


Printed Page 2775 . . . . . Thursday, April 27, 1995

FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.

This veto is based upon my belief that H. 3853, R. 65 of 1995, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning H. 3853, R. 65, without my signature.

Sincerely,
David M. Beasley

Rep. J. BROWN moved to adjourn debate upon the veto, which was adopted.

R. 64, H. 3788--GOVERNOR'S VETO RECEIVED

AND DEBATE ADJOURNED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 26, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3788, R. 64, an Act:
TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.

This veto is based upon my belief that H. 3788, R. 64 of 1995, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning H. 3788, R. 64, without my signature.

Sincerely,
David M. Beasley

Rep. J. BROWN moved to adjourn debate upon the veto, which was adopted.


Printed Page 2776 . . . . . Thursday, April 27, 1995

R. 63, H. 3728--GOVERNOR'S VETO RECEIVED

AND DEBATE ADJOURNED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 26, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3728, R. 63, an Act:
TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

This veto is based upon my belief that H. 3728, R. 63 of 1995, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning H. 3728, R. 63, without my signature.

Sincerely,
David M. Beasley

Rep. J. BROWN moved to adjourn debate upon the veto, which was adopted.

REPORT OF STANDING COMMITTEE

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:

H. 4037 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD FORMER COUNTY COUNCIL MEMBERS WHO SERVED AT LEAST TWELVE YEARS ON COUNTY COUNCIL AND TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYER AND EMPLOYEE CONTRIBUTIONS UNDER THE PLAN.

Ordered for consideration tomorrow.


Printed Page 2777 . . . . . Thursday, April 27, 1995

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, J.
Cain             Carnell          Cato
Cave             Chamblee         Clyburn
Cobb-Hunter      Cooper           Cotty
Cromer           Dantzler         Delleney
Easterday        Elliott          Fair
Felder           Fleming          Fulmer
Gamble           Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Herdklotz        Hines            Hodges
Howard           Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Littlejohn       Lloyd            Marchbanks
Martin           Mason            McAbee
McCraw           McKay            McMahand
McTeer           Meacham          Neilson
Phillips         Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Rogers           Sandifer
Scott            Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stoddard         Thomas           Trotter
Vaughn           Waldrop          Walker
Whatley          Whipper, L.      Whipper, S.
Wilder           Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.        



Printed Page 2778 . . . . . Thursday, April 27, 1995

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, April 27.

John W. Tucker, Jr.      Ronald P. Townsend
Harry C. Stille          Juanita M. White
H.B. Limehouse, III      Donald W. Beatty
Dan L. Tripp             G. Ralph Davenport, Jr.
Bessie Moody-Lawrence    Jerry N. Govan, Jr.
Ralph W. Canty           Joseph T. McElveen, Jr.
B. Hicks Harwell         Joseph H. Neal
Theodore A. Brown        Grady A. Brown

Total Present--119

LEAVES OF ABSENCE

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

The SPEAKER granted Reps. STUART and WELLS a leave of absence for the day due to a National Order of Women Legislator's meeting.

STATEMENT OF ATTENDANCE

Reps. KEYSERLING and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, April 20.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to the appropriate committee:

H. 4170 -- Reps. Rhoad and Cave: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS SHALL RECEIVE COMPENSATION OF ONE THOUSAND TWO HUNDRED DOLLARS EACH CALENDAR YEAR.

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


Printed Page 2779 . . . . . Thursday, April 27, 1995

DOCTOR OF THE DAY

Announcement was made that Dr. Clarence Coker, Jr. of Manning is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.

H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

H. 3676 -- Reps. Trotter, Meacham, Hutson, P. Harris, L. Whipper, Cooper, Townsend, Simrill, Tripp, Cain, Hines, S. Whipper, Neilson, Kirsh, Limehouse, Anderson, Robinson, Breeland, Rice, Chamblee, Marchbanks, Easterday, Stoddard, Waldrop, Spearman and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF


Printed Page 2780 . . . . . Thursday, April 27, 1995

LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CIRCUMSTANCES IN SCHOOL SETTINGS UNDER WHICH A SEALANT MAY BE APPLIED AND A PROPHYLAXIS PERFORMED BY A DENTAL HYGIENIST.


| Printed Page 2760, Apr. 26 | Printed Page 2780, Apr. 27 |

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