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 3910, May 23 | Printed Page 3930, May 24 |

Printed Page 3920 . . . . . Tuesday, May 23, 1995

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3784 -- Rep. Waldrop: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 121 IN NEWBERRY COUNTY AS THE "J. C. NEEL MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

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".

H. 4225 -- Reps. Neal, Cromer, J. Brown, Byrd, Cotty, Harrison, Howard, Quinn, Rogers, Scott, Shissias, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter,


Printed Page 3921 . . . . . Tuesday, May 23, 1995

Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, 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, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, 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 EASTOVER'S MAYOR, THE HONORABLE LEWIS N. SCOTT OF RICHLAND COUNTY, WHO PASSED AWAY ON SUNDAY, MAY 14, 1995.

H. 4235 -- Rep. Meacham: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FORT MILL HIGH SCHOOL "YELLOW JACKETS" MENS TENNIS TEAM OF YORK COUNTY AND ITS COACH FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AAA STATE CHAMPIONSHIP.

ADJOURNMENT

At 4:15 P.M. the House in accordance with the motion of Rep. CROMER adjourned in memory of Mayor Lewis Nathaniel Scott of Eastover, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 3922 . . . . . Wednesday, May 24, 1995

Wednesday, May 24, 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:

Our today's prayer was written by Rep. Claude V. Marchbanks. I feel that it is so well done, both as to content and composition, that I would like to share it with you this morning.

Let us pray:

Gracious Lord, as this new day dawns, thank You for the newness of life.

We are grateful for the absence of hate and the presence of love; for the nearness of loved ones and the comfort they provide.

Thank You for the absence of pain and the presence of healthy bodies and minds; thank You for the cries of the newborn, for the hush of the new morn.

For the bereaved give comfort, for the old give peace, for the distressed provide calmness, for the discouraged send a friend.

For those who have forgotten, provide another opportunity; for those who have plenty, help them to see through the eyes of benevolence.

If we think more highly of ourselves than we should, bend us low enough to feel someone else's burden.

Above all, if we love YOU less than we should, forgive us, and refill our hearts with a double portion of that love of God which transcends all others.

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 James A. Taylor of Aiken, which was agreed to.


Printed Page 3923 . . . . . Wednesday, May 24, 1995

SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

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.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

S. 533 -- Finance Committee: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW A GOVERNING BODY OF A MUNICIPALITY BY ORDINANCE TO EXEMPT FROM MUNICIPAL AD VALOREM TAX FOR NOT MORE THAN FIVE YEARS PROPERTY LOCATED IN THE MUNICIPALITY RECEIVING THE FIVE-YEAR EXEMPTION FROM COUNTY AD VALOREM TAXES AS NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, RESEARCH AND DEVELOPMENT FACILITIES, AND ADDITIONS TO SUCH FACILITIES, AND TO PROVIDE THAT THIS EXEMPTION FIRST IS ALLOWED WHEN THE STATE CONSTITUTION IS AMENDED SO AS TO AUTHORIZE THE EXEMPTION.

Rep. MARCHBANKS explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 3924 . . . . . Wednesday, May 24, 1995

INTRODUCTION OF BILL

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

S. 757 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS ON AN ELEVATOR ON WHICH HE OR HIS EMPLOYER HAS A CURRENT SERVICE OR WARRANTY CONTRACT.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Allison          Anderson         Boan
Breeland         Brown, G.        Brown, J.
Cain             Carnell          Cato
Chamblee         Clyburn          Cooper
Cromer           Dantzler         Delleney
Easterday        Felder           Fleming
Gamble           Hallman          Harrell
Harris, J.       Hines            Hodges
Huff             Jaskwhich        Keegan
Kelley           Kennedy          Kinon
Kirsh            Klauber          Knotts
Koon             Littlejohn       Lloyd
Marchbanks       Mason            McAbee
McCraw           McKay            McMahand
McTeer           Meacham          Rhoad
Rice             Richardson       Riser
Robinson         Sandifer         Scott
Sharpe           Sheheen          Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stoddard         Stuart
Thomas           Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, L.
White            Wilder           Wilkes
Wilkins          Williams         Witherspoon

Printed Page 3925 . . . . . Wednesday, May 24, 1995

Wofford          Worley           Wright
Young, A.        Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, May 24. Olin R. Phillips Curtis B. Inabinett Heyward G. Hutson Patrick B. Harris Wilbur L. Cave Ronald C. Fulmer Terry E. Haskins Timothy F. Rogers Dan L. Tripp Steve P. Lanford Lynn Seithel H.B. Limehouse, III Leon Howard Bessie Moody-Lawrence Ronald P. Townsend Gilda Cobb-Hunter L. Hunter Limbaugh Harry R. Askins James N. Law C. Alex Harvin, III June S. Shissias B. Hicks Harwell L. Morgan Martin George H. Bailey Jackson S. Whipper Douglas Jennings, Jr. William D. Keyserling Donald W. Beatty G. Ralph Davenport, Jr. Jerry N. Govan, Jr. William F. Cotty Henry E. Brown, Jr. Denny W. Neilson Alma W. Byrd Michael L. Fair Richard M. Quinn, Jr. J. Michael Baxley Theodore A. Brown James H. Harrison R.J. Herdklotz Larry L. Elliott Ralph W. Canty

Total Present--122

STATEMENT OF ATTENDANCE

Rep. FULMER 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.

DOCTOR OF THE DAY

Announcement was made that Dr. Steve Ross of Florence is the Doctor of the Day for the General Assembly.


Printed Page 3926 . . . . . Wednesday, May 24, 1995

SPECIAL PRESENTATION

Rep. MEACHAM, on behalf of the York Delegation, presented to the House the Fort Mill High School Boy's Tennis Team, winners of the 1994-95 AAA State Championship, their coaches and other school officials.

SPECIAL PRESENTATION

Reps. McELVEEN and J. YOUNG, on behalf of the Sumter Delegation, presented to the House the Sumter High School Boy's Track Team, winners of the 1995 Class AAAA State Championship, their coaches and other school officials.

SENT TO THE SENATE

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

H. 4229 -- Reps. Klauber, Stille, Carnell and McAbee: A BILL TO AMEND SECTION 7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

H. 4230 -- Reps. Stoddard, Wilder and Carnell: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

H. 4015 -- Rep. Wilkins: A BILL TO AMEND SECTION 33-37-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO CHARTERS FOR BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO DELETE THE PROVISION PROHIBITING THE CREATION OF NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-410, RELATING TO MEMBERS, STOCKHOLDERS, AND BONDHOLDERS OF THE CORPORATIONS, SO AS TO CLARIFY THE AUTHORIZED INVESTORS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-450, RELATING TO VOTING BY STOCKHOLDERS AND MEMBERS OF THE CORPORATION, SO AS TO REVISE THE PROVISIONS TO MAKE THEM CONSISTENT AND COMPATIBLE WITH HAVING NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE CORPORATION, SO AS


Printed Page 3927 . . . . . Wednesday, May 24, 1995

TO REVISE THE PROVISIONS FOR LOAN LIMITS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-630, RELATING TO THE ELECTION OF THE BOARD OF DIRECTORS OF CORPORATIONS, SO AS TO CLARIFY THE REQUIREMENTS FOR ELECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 33-37-470 SO AS TO AUTHORIZE THE ISSUANCE OF NEW CLASSES OF STOCK AND ARTICLE 9 TO CHAPTER 37, TITLE 33 SO AS TO PROVIDE FOR APPLICATION OF THE BUSINESS CORPORATIONS ACT.

H. 4018 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM PERFORMING ELEVATOR INSPECTIONS UNDER CERTAIN CIRCUMSTANCES.

H. 3742 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-212 SO AS TO PROVIDE CRIMINAL PENALTIES FOR PERFORMING DENTISTRY, DENTAL HYGIENE, OR DENTAL TECHNOLOGICAL WORK IN VIOLATION OF TITLE 40, CHAPTER 15; AND TO AMEND SECTIONS 40-15-120, 40-15-150, AND 40-15-340, ALL RELATING TO CRIMINAL PENALTIES FOR SPECIFIC VIOLATIONS, SO AS TO INCREASE THE MAXIMUM FINE FROM ONE THOUSAND DOLLARS TO TEN THOUSAND DOLLARS.

H. 3928 -- Rep. Hallman: A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN CITIES WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND RESIDENTS.

H. 3806 -- Reps. Hutson, Meacham, Seithel, Simrill, J. Harris, Knotts, Whatley, Martin, Littlejohn, Wofford, Stille, Limehouse, Stuart, Harrison, Allison, Harwell, Fulmer, Phillips, Davenport, Dantzler, Riser, Vaughn, Fleming, Quinn, Tripp and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2780 SO AS TO PROVIDE FOR AND INCREASE PENALTIES FOR FAILING TO STOP WHEN MEETING OR OVERTAKING A


Printed Page 3928 . . . . . Wednesday, May 24, 1995

STOPPED SCHOOL BUS; AND TO AMEND SECTION 56-5-2775, AS AMENDED, RELATING TO MISDEMEANOR VIOLATIONS FOR FAILING TO STOP FOR A STOPPED SCHOOL BUS, FOR ILLEGALLY ENTERING INTERSECTIONS AND CROSSWALKS, AND FOR PASSING A VEHICLE AT A RAILROAD CROSSING, SO AS TO DELETE THE REFERENCE TO FAILING TO STOP FOR A STOPPED SCHOOL BUS.

H. 4232 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY MEDICAL ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1859, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4233 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD - RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SOUTH CAROLINA HOSPITALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1860, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3427 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH A REVIEW AND FOR WHEN SUCH A JUDICIAL REVIEW IS AUTHORIZED.

ORDERED TO THIRD READING

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

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


Printed Page 3929 . . . . . Wednesday, May 24, 1995

AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.

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 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.

H. 3992 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

Rep. COTTY explained the Bill.

H. 3856 -- Reps. Townsend and Allison: A BILL TO AMEND SECTION 59-24-10, AS AMENDED, AND SECTIONS 59-24-30 AND 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE AND LEADERSHIP ASSESSMENTS AND STANDARDS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR THESE ASSESSMENTS AND STANDARDS AND TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS AND EVALUATION PROCEDURES FOR THESE ADMINISTRATORS; AND TO AMEND SECTION 59-3-90, AS AMENDED, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO PROVIDE FOR PROFESSIONAL DEVELOPMENT PLANS FOR TEACHERS.

Rep. JASKWHICH explained the Bill.

S. 847--DEBATE ADJOURNED

Rep. STODDARD moved to adjourn debate upon the following Bill until Thursday, May 25, which was adopted.


| Printed Page 3910, May 23 | Printed Page 3930, May 24 |

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