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 270, Jan. 12 | Printed Page 290, Jan. 17 |

Printed Page 280 . . . . . Thursday, January 12, 1995


H. 3214 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.

H. 3218--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ASKINS, with unanimous consent, it was ordered that H. 3218 be read the third time tomorrow.

H. 3214--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. D. SMITH, with unanimous consent, it was ordered that H. 3214 be read the third time tomorrow.


Rep. SHARPE moved that the House do now adjourn, which was adopted.


ADJOURNMENT

At 11:30 A.M. the House in accordance with the motion of Rep. FLEMING adjourned in memory of Michael and Alex Smith, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 281 . . . . . Friday, January 13, 1995

Friday, January 13, 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:


Our Father God, reverently we pause in Your presence to welcome the opportunities of this day. We place our lives upon the altar of public service, asking Your leadership and help. Endow us with creative insight, disciplined thoughts, precise expressions, and sound judgments. Remove from us all that obstructs our discerning and doing Your will. Direct our energies, instruct our minds, clarify our thinking, sustain our determination to follow Your beckoning. Walk with us and work through us till the day is done.

Hear us, Lord, in this prayer offered with thankful hearts for all Your blessings. Amen.


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

REPORT RECEIVED

The Report of the Joint Legislative Committee to Study the Problems of Alcohol and Drug Abuse was received and will be printed in the Senate Journal on Friday, January 13.

SENT TO THE SENATE

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


H. 3218 -- Rep. Askins: A BILL TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.


H. 3214 -- Rep. D. Smith: A BILL TO AMEND SECTION 59-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO


Printed Page 282 . . . . . Friday, January 13, 1995

THOSE PERSONS WHO ARE ELIGIBLE FOR SERVICES AT THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCLUDE HARD OF HEARING AND VISUALLY IMPAIRED PERSONS.

ADJOURNMENT

At 10:15 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, January 17.

* * *


Printed Page 283 . . . . . Tuesday, January 17, 1995

Tuesday, January 17, 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:


We thank You, Heavenly Father, for holding open the door of opportunities as we begin another work week here. Cause us to see each week and each day as another chance to do Your will and fulfill Your mission. Inspire the members of this Legislative Body and all relating with its work with a greater perspective as we take counsel with You concerning the needs of our great State and the welfare of its people. Bless us with right attitudes and with strength of character. Show us how to extinguish the hot embers of ill will, of jealousy and selfishness. Make of us vehicles of Your gracious and Fatherly will.

We make our prayer to a God Whose love knows no limit. 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. HUFF moved that when the House adjourns, it adjourn in memory of Phillip Gregory Devine, which was agreed to.

REPORT OF STANDING COMMITTEE

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


H. 3221 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO PROCLAIM SUNDAY, APRIL 23, 1995, THROUGH SATURDAY, APRIL 29, 1995, AS GOLF WEEK IN SOUTH CAROLINA WHICH WILL BE OBSERVED THROUGHOUT THE STATE WITH APPROPRIATE CEREMONIES AND EVENTS TO RECOGNIZE THE ECONOMIC IMPACT OF THE GOLF INDUSTRY IN SOUTH


Printed Page 284 . . . . . Tuesday, January 17, 1995

CAROLINA, THE IMPORTANCE OF THE STATE'S JUNIOR GOLFERS, AND THE IMPORTANCE OF TURFGRASS RESEARCH.

H. 3221--ADOPTED AND SENT TO THE SENATE

On motion of Rep. D. SMITH, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.


H. 3221 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO PROCLAIM SUNDAY, APRIL 23, 1995, THROUGH SATURDAY, APRIL 29, 1995, AS GOLF WEEK IN SOUTH CAROLINA WHICH WILL BE OBSERVED THROUGHOUT THE STATE WITH APPROPRIATE CEREMONIES AND EVENTS TO RECOGNIZE THE ECONOMIC IMPACT OF THE GOLF INDUSTRY IN SOUTH CAROLINA, THE IMPORTANCE OF THE STATE'S JUNIOR GOLFERS, AND THE IMPORTANCE OF TURFGRASS RESEARCH.

Whereas, a University of South Carolina and South Carolina Department of Parks, Recreation and Tourism study shows golf generating more than six hundred forty-four million dollars annually for the state's economy, putting it on a par with the state's larger industries; and

Whereas, given that the National Golf Foundation ranks South Carolina just behind Florida as the nation's most popular golfing sport for tourists, this staggering amount of revenue isn't surprising; and

Whereas, the study, which is the state's first economic impact study of South Carolina's golf industry, finds that the golf course operations generate employment for more than fourteen thousand full-time workers; and

Whereas, the study showed:

(1) Out-of-state and international tourists, mostly from Canada and Germany, account for thirty-eight percent of South Carolina golfers.

(2) Sixty-three cents of every dollar spent by South Carolina's golf industry is respent in the state's economy.

(3) More than four hundred sixteen industries, including golf courses, utility companies, liability insurance companies, chemical/fertilizer manufacturers, and golf vehicle dealers, benefit directly from the state's golf industry.

(4) More than sixteen million, seven hundred thousand dollars in sales, excise, and admission taxes are generated annually by golf-related industries. Additional benefits include the creation of jobs and property tax revenue; and


Printed Page 285 . . . . . Tuesday, January 17, 1995

Whereas, the members of the General Assembly recognize the importance of raising funds for research to promote environmentally sound turfgrass management. The continued success of the golf industry is dependent on research-based answers to the environmental concerns of the public; and

Whereas, Golf Week in South Carolina will allow the South Carolina Junior Golf Association and the South Carolina Chapter of the Professional Golfers of America to seek support to increase the education and advancement of junior golf throughout the State and will allow the South Carolina Turfgrass Foundation to pursue research and education relating to environmentally sensitive turfgrass management. Now, therefore,

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

That the members of the General Assembly proclaim Sunday, April 23, 1995, through Saturday, April 29, 1995, as Golf Week in South Carolina which will be observed throughout the State with appropriate ceremonies and events to recognize the economic impact of the golf industry in South Carolina, the importance of the state's junior golfers, and the importance of turfgrass research.

Be it further resolved that a copy of this resolution be forwarded to Mr. Happ Lathrop, Executive Director of the South Carolina Golf Association.


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

REPORT OF STANDING COMMITTEE

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


H. 3137 -- Reps. Inabinett, Walker, Vaughn, Simrill, Meacham, Stille, Hines, Robinson, Baxley, Lloyd and Stuart: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 4, 1995) AS "LEGISLATIVE FAMILY DAY 1995" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE


Printed Page 286 . . . . . Tuesday, January 17, 1995

RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1995".

Ordered for consideration tomorrow.

HOUSE RESOLUTION

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


H. 3257 -- Reps. Stuart, Gamble, Knotts, Koon, Riser, Spearman and Wright: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FOOTBALL TEAM OF SWANSEA HIGH SCHOOL OF LEXINGTON COUNTY, CLASS AA STATE CHAMPIONS FOR 1994, AND THE TEAM'S COACHES ON THURSDAY, JANUARY 19, 1995, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the football team of Swansea High School of Lexington County and the team's coaches be extended the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Thursday, January 19, 1995, for the purpose of being recognized on winning the state championship.


The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:


H. 3258 -- Reps. Stuart, Gamble, Knotts, Koon, Riser, Spearman and Wright: A CONCURRENT RESOLUTION CONGRATULATING SWANSEA HIGH SCHOOL OF LEXINGTON COUNTY ON WINNING THE 1994 CLASS AA STATE CHAMPIONSHIP IN FOOTBALL.

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

HOUSE RESOLUTION

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


H. 3259 -- Reps. Littlejohn and Wells: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF


Printed Page 287 . . . . . Tuesday, January 17, 1995

REPRESENTATIVES TO THE MEN'S SOCCER TEAM OF SPARTANBURG METHODIST COLLEGE, NJCAA NATIONAL CHAMPIONS FOR 1994, AND THE TEAM'S COACHES ON WEDNESDAY, MARCH 1, 1995, FOR THE PURPOSE OF BEING RECOGNIZED ON ATTAINING THE NATIONAL CROWN.

Be it resolved by the House of Representatives:

That the men's soccer team of Spartanburg Methodist College, NJCAA national champions for 1994, and the team's coaches be extended the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, March 1, 1995, for the purpose of being recognized on attaining the national crown.


The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:


H. 3260 -- Reps. Littlejohn and Wells: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG METHODIST COLLEGE ON WINNING THE 1994 MEN'S SOCCER NATIONAL CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:


H. 3261 -- Rep. McTeer: A CONCURRENT RESOLUTION COMMENDING CAPTAIN HOMER THOMAS HIERS, JR., CHC, USN, FOR HIS CAREER ACCOMPLISHMENTS AND FOR HIS SERVICE TO HIS STATE AND NATION, AND EXTENDING CONGRATULATIONS AND BEST WISHES TO HIM UPON HIS RETIREMENT.

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


Printed Page 288 . . . . . Tuesday, January 17, 1995

INTRODUCTION OF BILLS

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


H. 3262 -- Reps. Harrison, Baxley, Jennings, Cobb-Hunter, Beatty, Huff, Martin, S. Whipper, L. Whipper and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-547 SO AS TO ENSURE THE RIGHT OF BREAST IMPLANT VICTIMS WHO ARE MEMBERS OF THE SETTLEMENT CLASS OF THE IN RE SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL 926) TO BRING AN ACTION FOR PERSONAL INJURIES OR DEATH.

Referred to Committee on Judiciary.


H. 3263 -- Reps. Walker, Allison, Anderson, Askins, Bailey, Beatty, G. Brown, J. Brown, Cain, Carnell, Chamblee, Cooper, Cromer, Dantzler, Davenport, Delleney, Elliott, Fair, Felder, Fleming, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Harwell, Haskins, Herdklotz, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Kelley, Kennedy, Keyserling, Kinon, Klauber, Knotts, Law, Limbaugh, Littlejohn, Marchbanks, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Neal, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Sandifer, Scott, Sharpe, Shissias, R. Smith, Spearman, Stille, Stoddard, Thomas, Townsend, Tripp, Trotter, Waldrop, Wells, Whatley, Wilder, Wilkes, Witherspoon, Worley, Wright and A. Young: A BILL TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REDUCE FROM THIRTY YEARS TO TWENTY-FIVE YEARS THE CREDITED SERVICE REQUIRED FOR A MEMBER TO RETIRE AT ANY AGE WITHOUT A REDUCTION IN BENEFITS AND TO PHASE IN THIS REDUCTION OVER FIVE YEARS; TO AMEND SECTION 9-1-1020, AS AMENDED, RELATING TO EMPLOYEE CONTRIBUTIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE EMPLOYEE CONTRIBUTIONS, TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO ADJUST RETIREMENT CONTRIBUTIONS TO PAY THE ACTUARIAL COST OF THIS EARLY RETIREMENT, AND TO REPEAL EFFECTIVE JULY 1, 1999, SECTIONS 9-1-1515 AND 9-1-1850 RELATING TO ANOTHER EARLY RETIREMENT OPTION AND THE PURCHASE


Printed Page 289 . . . . . Tuesday, January 17, 1995

OF ADDITIONAL SERVICE CREDIT BY A MEMBER WITH AT LEAST TWENTY-FIVE YEARS CREDITED SERVICE.

Referred to Committee on Ways and Means.


H. 3264 -- Rep. Anderson: A BILL TO AMEND SECTION 44-53-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE PROCEDURES, THE DISPOSITION OF FORFEITED ITEMS, AND THE DISPOSITION OF PROCEEDS OF SALES OF REAL OR PERSONAL PROPERTY CONFISCATED PURSUANT TO THE SEIZURE OF CONTROLLED SUBSTANCES, SO AS TO MODIFY THE DISTRIBUTION OF PROCEEDS FROM THE SALE OF PROPERTY FORFEITED TO PROVIDE FOR THE COMPENSATION OF PERSONS PROVIDING INFORMATION LEADING TO THE FORFEITURE OF PROPERTY, AND TO PROVIDE FUNDS TO ESTABLISH AND OPERATE SUBSTANCE ABUSE FACILITIES.

Referred to Committee on Judiciary.


H. 3265 -- Rep. Cromer: A BILL TO AMEND SECTION 2-17-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF LOBBYISTS, SO AS TO PROVIDE THAT A WRITTEN TERMINATION OF LOBBYING IS EFFECTIVE SIX MONTHS FROM THE DATE OF FILING.

Referred to Committee on Judiciary.


H. 3266 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-95 SO AS TO PROHIBIT A PARENT FROM RECEIVING MONETARY BENEFITS UPON THE DEATH OF A CHILD IF THE PARENT'S CONDUCT WOULD HAVE CONSTITUTED GROUNDS FOR TERMINATION OF THE PARENT'S RIGHTS AND TO PROVIDE AN EXCEPTION.

Referred to Committee on Judiciary.


H. 3267 -- Rep. Cromer: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A PETIT JURY OF THE CIRCUIT COURT MUST AGREE TO A VERDICT TO RENDER THE SAME AND ALL JURORS IN ANY


Printed Page 290 . . . . . Tuesday, January 17, 1995

OTHER TRIAL COURT MUST AGREE TO A VERDICT IN ORDER TO RENDER THE SAME UNLESS OTHERWISE PROVIDED BY LAW.

Referred to Committee on Judiciary.


| Printed Page 270, Jan. 12 | Printed Page 290, Jan. 17 |

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