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 3830, May 23 | Printed Page 3850, May 23 |

Printed Page 3840 . . . . . Tuesday, May 23, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 4237 -- Reps. Scott and J. Brown: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 555 IN RICHLAND COUNTY IN HONOR OF KAY PATTERSON.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 4238 -- Rep. Fleming: A CONCURRENT RESOLUTION CONGRATULATING UNION HIGH SCHOOL ON CAPTURING ITS SEVENTH CONSECUTIVE NATIONAL SHOOTING CHAMPIONSHIP, ON WINNING THE SCHOLASTIC CATEGORY OF THE 1995 NATIONAL NRA JUNIOR THREE POSITION SMALLBORE RIFLE CHAMPIONSHIPS, AND ON SECURING ITS THIRD CONSECUTIVE NATIONAL SCHOLASTIC AIR RIFLE CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 858 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE RIGHTS TO THE SALVAGE OF THE "HUNLEY" AND TO STUDY THE CLAIMS THAT ANY PERSON OR ENTITY MAY ASSERT AS IT RELATES TO THE "HUNLEY".

The Concurrent Resolution was ordered referred to the Committee on Judiciary.

H. 4239--DEBATE ADJOURNED

The following was introduced:

H. 4239 -- Reps. Wilkins, H. Brown, J. Brown, Cato, Harrison, Sharpe, Townsend, Haskins and Huff: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE


Printed Page 3841 . . . . . Tuesday, May 23, 1995

GENERAL ASSEMBLY ADJOURN ON JUNE 1, 1995, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 5, 6, 7, 8, AND 9, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON JUNE 9, 1995, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION UNTIL 11:00 A.M., MONDAY, JUNE 19, 1995, AND TO CONTINUE IN SESSION, IF NECESSARY, THROUGH 5:OO P.M., THURSDAY, JUNE 22, 1995, AND TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER DURING THAT PERIOD, AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON THURSDAY, JUNE 22, 1995, IT SHALL STAND ADJOURNED TO MEET ON TUESDAY, OCTOBER 3, 1995, SOLELY FOR THE PURPOSE OF ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT AND PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE WHEN THE ELECTION IS FINISHED.

Rep. SCOTT moved to adjourn debate upon the Concurrent Resolution, which was adopted.

HOUSE RESOLUTION

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

H. 4240 -- Rep. G. Brown: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BASEBALL TEAM OF ROBERT E. LEE ACADEMY OF LEE COUNTY AND COACHING STAFF ON WEDNESDAY, MAY 31, 1995, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1995 SCISAA 3A STATE BASEBALL TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the baseball team of Robert E. Lee Academy of Lee County and coaching staff on Wednesday, May 31, 1995, at a time to be


Printed Page 3842 . . . . . Tuesday, May 23, 1995

determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1995 SCISAA 3A state baseball title.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4241 -- Rep. G. Brown: A CONCURRENT RESOLUTION CONGRATULATING ROBERT E. LEE ACADEMY OF LEE COUNTY ON WINNING THE 1995 SCISAA 3A STATE BASEBALL TITLE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4242 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES TO MRS. SYLVIA A. LONEY UPON THE OCCASION OF HER RETIREMENT ON JUNE 30, 1995, FROM THE HIGH HILLS RURAL WATER COMPANY, INC.

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

INTRODUCTION OF BILLS

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

H. 4243 -- Rep. Wofford: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.

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

H. 4244 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN


Printed Page 3843 . . . . . Tuesday, May 23, 1995

REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.

Referred to Committee on Judiciary.

S. 240 -- Senators McConnell, Elliott, Rose and O'Dell: A BILL TO AMEND SECTIONS 22-9-10, 22-9-20, 22-9-70, 22-9-80, AND SECTION 22-9-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTABLES, SO AS TO PROVIDE THAT CONSTABLES MAY BE EMPLOYED BY A COUNTY AND IN THE EVENT THE COUNTY CHOOSES NOT TO EMPLOY CONSTABLES, EACH MAGISTRATE MAY APPOINT ONE CONSTABLE WITHIN HIS JURISDICTION, AND TO CONFORM OTHER PERTINENT PROVISIONS OF LAW PERTAINING TO CONSTABLES TO THE ABOVE PROVISIONS.

Referred to Committee on Judiciary.

S. 840 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - BOARD OF ACCOUNTANCY, RELATING TO REVOCATION OF REGISTRATION AND PENALTIES FOR REINSTATEMENT, OFFICE REGISTRATION, AND RESPONSIBILITIES AND PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1818, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 841 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION - REAL ESTATE COMMISSION, RELATING TO TEACHING METHODS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1846, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 842 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS, DELETE ARCHAIC


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REFERENCES AND PROVIDE THAT POLLING PLACES BE DETERMINED BY THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION.

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

S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.

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

S. 847 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE BOUNDARIES OF THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.

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

ROLL CALL

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

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Brown, T.
Byrd             Cain             Canty
Carnell          Cato             Cave
Chamblee         Clyburn          Cobb-Hunter
Cooper           Cotty            Cromer
Dantzler         Davenport        Delleney
Easterday        Fair             Felder
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harris, P.       Harrison


Printed Page 3845 . . . . . Tuesday, May 23, 1995

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            Marchbanks
Martin           Mason            McAbee
McCraw           McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Rice
Richardson       Riser            Robinson
Rogers           Sandifer         Scott
Seithel          Sharpe           Sheheen
Shissias         Simrill          Smith, R.
Spearman         Stille           Stoddard
Stuart           Thomas           Townsend
Tripp            Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, May 23. Doug Smith Larry L. Elliott Joseph T. McElveen, Jr. C. Alex Harvin, III

Total Present--124

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 18.


Printed Page 3846 . . . . . Tuesday, May 23, 1995

DOCTOR OF THE DAY

Announcement was made that Dr. John Beasley of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. WALKER, on behalf of the Spartanburg Delegation, presented to the House the Landrum High School Boy's Track Team, winners of the 1995 State Class A Championship, their coaches and other school officials.

The Unveiling of the Portrait

of

Robert Joseph Sheheen

Speaker, South Carolina House of Representatives

1986-1994

Tuesday, May 23, 1995

Chamber, House of Representatives, State House

PRESIDING

The Honorable David H. Wilkins

Speaker, South Carolina House of Representatives

PRESENTATION OF THE PORTRAIT

The Honorable Jean L. Harris

REMARKS

The Honorable Donald H. Holland

The Honorable William D. Boan

RESPONSE

The Honorable Robert J. Sheheen

On motion of Rep. H. BROWN, the following remarks were ordered printed in the Journal as follows:


Printed Page 3847 . . . . . Tuesday, May 23, 1995

Rep. J. HARRIS made the following remarks:

"I'm delighted and honored that Bob Sheheen has made me a part of this very special occasion. Like all of us here today, I feel great friendship, respect, and admiration for Bob. It is fitting that through this portrait - through art - we verify to future generations the significance of his strong and intelligent leadership and his loyalty and dedication to South Carolina and all her citizens. Hippocrates said that, `Life is short, art long.' Through this work of art and through his legacy of great service to South Carolina, may we all long remember Bob Sheheen as one who responded enthusiastically and capably when he was looked upon by the rest of us for challenge, direction, and inspiration. The artist who created this portrait, Mr. Michael Del Priore is here with us today. I have a statement from him which expresses his caring attitude and his great love for his work. He says, `Portrait painting is the most noble of all art, because it comes into intimate contact with human nature. Just as man is the highest form of life, so the painting of that ultimate reproduction must be pre-eminent for posterity.' I would like to ask Mr. Del Priore to stand and be recognized. It is now my great honor to introduce the one who made all this possible. Bob Sheheen's mother, Mrs. Lucille Sheheen, will now unveil the portrait."

Senator Holland made the following remarks:

"Mr. Speaker, distinguished guests, members of this Body... I kind of wish I had some prepared notes. I noticed that the other people did. I don't have any. I just want to talk about Bob Sheheen a minute. About eighty years ago, Kershaw County afforded this Body a Speaker of this Body, the late Mendell L. Smith, a genius in many respects, one of the outstanding criminal lawyers in the south, he was Speaker of the House of Representatives about forty years before I was elected to this Body in 1950. And then in the year 1977, a young man was elected from Kershaw County, by the name of Robert J. Sheheen. He later became Chairman of the Judiciary Committee, I believe in probably 1980, and then in 1986, he was elected Speaker of this Body and he served until this past year. I have known young Robert Sheheen since birth because I have know everything about the Sheheen family. I lived next to them and his daddy was sort of like a second daddy to me, but I'm here on behalf today, of I'm sure the Senate, and myself, to tell Bob Sheheen that you deserve this honor. You have earned it and I am proud to be a part and participating in this occasion. I don't believe a Speaker before the late Mendell Smith, who served from Kershaw County, or one after that, afforded the type of leadership that you gave this Body and your forthrightness and your ability


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to be open at all times with this Body. Many people watched you and we are very proud of you. As I say once again, that I want to congratulate you, wish you God's speed, and many blessings as you continue on with your legislative career or whatever you might seek. It is my pleasure to be here today to participate with you. Thank you so much."

Rep. BOAN made the following remarks:

"It is a real honor for me to participate in this event to recognize the eight years of leadership that this House had under Bob Sheheen. There was probably no other legislator that enjoyed the success of his legislative career during the past eight years more than I have. I have been fortunate. Fortunate to have the cooperation of this House and the confidence of Speaker Sheheen. It was a relationship that may have seemed to be expected because we live only twenty miles apart - me in Kershaw, Bob in Camden - but when I came to the General Assembly 13 years ago, I did not know Bob Sheheen. I had never met him and only knew him by reputation. It was during my first visit here that he made an immediate impression on me. It was Veto Day in late June of 1982 and my primary election with no General Election opposition made me more than an anxious observer from the balcony that day. I knew in less than six months I would become a member of the South Carolina House of Representatives - a long time goal of mine. The issue at hand was something like this - the Board of Economic Advisors had revised downward the expected revenue for the next year of several million dollars and in order to sign a balanced budget - as the Constitution required - Gov. Dick Riley had vetoed several items. The largest and most controversial was a state employee pay raise. Speaker after speaker come to this podium to challenge the veto of Gov. Riley. Remember there was a November election hanging in the balance for many members. It was a spirited debate about commitment to state employees versus financial responsibility (some issues time does not change). As I watched from the third floor of this historical building, I was struck like most guests of how irreverent we are on the floor - how uninterested we seem as the business of the State flows by. But when Speaker Schwartz recognized the Representative from Kershaw County to address the chamber, an unusual thing happened. It got quiet. Members took their seat. Everyone listened. He spoke to the membership of the House that day as if he were the conscience of the House. He spoke about fiscal responsibility. He spoke of statesmanship over politics. He spoke of doing what was right over what was popular. The House listened. What the House heard that day was what it needed to hear, and the House did what it needed to do.


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The House sustained the veto and a balanced budget passed. I would not meet Bob Sheheen for another five months. The next four years from his position as Chairman of the Judiciary Committee, he continued to be the conscience of the House. Losing issues occasionally - winning often, he always challenged the institution of the House. He was always prepared, consistent, above all honest. When Ramon Schwartz announced he would not run for reelection to the House in 1986 - there was only one candidate to be his successor - Bob Sheheen. And on April 8, 1986, in his acceptance speech after being elected Speaker by acclamation, he told this body, `The Speakership takes on the personality of the person who holds it. . . I'll try to adapt my personality to that position so that I'll be fair, so that I'll be honest and so that this institution can feel good about itself. Because until we do, the public will never feel good about us.' Bob Sheheen's eight years as Speaker were marked by his personality and characteristics. We developed a strong work ethic and commitment to the legislative process that reflected his style. We identified the issues and worked hard on them and we felt good about our work. A strong work ethic is a characteristic we have maintained today. The last eight years this House has followed Bob Sheheen's lead on many occasions. It has led with establishment of reserve funds for the fiscal integrity of the State. It has battled to keep this State from accepting the nation's waste. It demanded that an outdated structure of government be framed to provide accountability. All of these major initiatives were forged with his leadership. But years from now, when we think of Bob Sheheen as a legislator and speaker, we will think of two issues - reapportionment and ethics. Back to the early eighties, as chair of Judiciary, Bob Sheheen took on reapportionment as a personal challenge and responsibility. As Speaker in the nineties, he was involved to the point of sitting at a computer drawing maps and amendments for members - all members. I do find it somewhat ironic that the reapportionment battle he lost contributed greatly to the end of his speakership. The other issue that will define Bob Sheheen's speakership will be reforms in the ethics laws. He had long been an advocate for tighter lobbying and campaign laws when the darkest period in our recent history made us realize that we must change the way we do the people's business in this State. We were all affected by what happened during Operation Lost Trust. But it was Speaker Bob Sheheen that this House turned to - to restore integrity and confidence in a shaken system. We listened to our conscience and responded. Today we set aside political differences to honor public service, because regardless of our politics we all respect public service. Nineteen years in this House of Representatives and eight years as Speaker is what Bob Sheheen has given
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to this State. Today we unveil this portrait that should remind those who serve after us that regardless of the issues - regardless of the circumstances - political change or even scandal - that with leadership, with integrity, hard work, and a commitment to the process, this institution will continue to be great. That is the legacy of Speaker Bob Sheheen."


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