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 3950, May 24 | Printed Page 3990, May 24 |

Printed Page 3981 . . . . . Wednesday, May 24, 1995

H. 4033--AMENDED AND OBJECTIONS

The following Bill was taken up.

H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7485BDW.95), which was adopted.

Amend the bill, as and if amended, Section 50-3-316, line 31, after /applicants./ by inserting /If an enforcement officer does not reside in the county or within fifteen miles of the county for which he is employed, he shall move to the county or within fifteen miles of the county at his expense within three months of employment./ so that when amended the section reads:

/Section 50-3-316. The department shall, In employing enforcement officers, the department shall use the criteria as required by the Division of Human Resource Management and the department, which shall. The criteria must include, but is not limited to, a written examination, physical examination, and interview. Each applicant shall be is required to perform at minimal levels as required by the Division of Human Resource Management and the department. The department shall employ the most qualified applicants. If an enforcement officer does not reside in the county or within fifteen miles of the county for which he is employed, he shall move to the county or within fifteen miles of the county at his expense within three months of employment.

The department, when employing enforcement officers within a particular county, must hire those applicants, if any, who meet the minimum employment qualification requirements as required by the Division of Human Resource Management and the department and who reside within that particular county before the department may hire other qualified applicants who reside outside that county.


Printed Page 3982 . . . . . Wednesday, May 24, 1995

If more than one vacancy exists in a county, the resident candidate with the next highest score will be chosen to fill the second vacancy. Additional vacancies would be filled in the same manner.

If there are no candidates for that county who meet the minimum requirements, the vacancy will be filled by the top scoring candidate regardless of county of residence./

Amend title to conform.

Rep. SHARPE explained the amendment.

Reps. KLAUBER and JENNINGS objected to the Bill.

The amendment was then adopted.

Reps. QUINN, SHARPE, HUFF, WITHERSPOON, WRIGHT, FLEMING, R. SMITH and RICE objected to the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

OBJECTION TO RECALL

Rep. FLEMING asked unanimous consent to recall H. 3875 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. J. BROWN objected.

OBJECTION TO RECALL

Rep. TROTTER asked unanimous consent to recall S. 7 from the Committee on Education and Public Works.

Rep. TOWNSEND objected.

OBJECTION TO RECALL

Rep. JASKWHICH asked unanimous consent to recall H. 3388 from the Committee on Education and Public Works.

Rep. COBB-HUNTER objected.

OBJECTION TO RECALL

Rep. RICHARDSON asked unanimous consent to recall S. 628 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.


Printed Page 3983 . . . . . Wednesday, May 24, 1995

OBJECTION TO RECALL

Rep. JENNINGS asked unanimous consent to recall H. 3864 from the Committee on Judiciary.

Rep. MOODY-LAWRENCE objected.

OBJECTION TO RECALL

Rep. QUINN asked unanimous consent to recall S. 858 from the Committee on Judiciary.

Rep. MOODY-LAWRENCE objected.

OBJECTION TO RECALL

Rep. RICHARDSON asked unanimous consent to recall H. 3240 from the Committee on Ways and Means.

Rep. R. SMITH objected.

H. 3977--DEBATE ADJOURNED

The veto on the following Act was taken up.

(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.

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

H. 4043--DEBATE ADJOURNED

The Senate amendments to the following Joint Resolution were taken up for consideration.

H. 4043 -- Reps. Simrill and Elliott: A JOINT RESOLUTION TO EXTEND THE EFFECTIVE DATE OF SECTIONS 3 AND 4 OF ACT 463 OF 1994, RELATING TO HOME AND COMMERCIAL INSPECTORS.

Rep. CATO moved to adjourn debate upon the Senate amendments, until Tuesday, May 30, which was adopted.


Printed Page 3984 . . . . . Wednesday, May 24, 1995

S. 844--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 844 -- Senators McConnell, Passailaigue, Rose and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO DIRECT THE GENERAL SERVICES ADMINISTRATION TO TRANSFER OWNERSHIP OF THE REMAINS OF THE ATTACK SUBMARINE THE HUNLEY TO THE STATE OF SOUTH CAROLINA FOR ENSHRINEMENT AT THE NAVAL MARINE MUSEUM IN PATRIOT'S POINT, SOUTH CAROLINA.

Amend Title To Conform

Whereas, the Hunley, a Confederate submarine, was commissioned by private investors and built in Mobile, Alabama, for use in the Civil War; and

Whereas, the Hunley torpedoed and destroyed on February 17, 1864, the USS Housatonic, a Union warship blockading Charleston Harbor; and

Whereas, that attack made the Hunley the first submarine in history to sink a warship; and

Whereas, the sinking of the USS Housatonic was the only such action in the Civil War; and

Whereas, the Hunley's achievement would not be repeated until the closing months of the First World War; and

Whereas, the Hunley's success launched the era of submarine warfare; and

Whereas, the Hunley and her crew disappeared off the coast of Charleston the night she sank the Housatonic; and

Whereas, nine gallant Confederate soldiers went down with the submarine; and

Whereas, the Hunley is the single most important artifact in the history of submarine warfare; and

Whereas, the Hunley has just been discovered intact off the coast of Sullivan's Island, South Carolina; and

Whereas, under federal and state law, the State asserts ownership of this vessel; and

Whereas, the State of South Carolina desires to exercise its ownership and control of this piece of Southern history; and

Whereas, the members of the General Assembly, by this resolution, declare their belief that this historic relic must be preserved and maintained for the benefit of future generations, and that the Hunley's history is inextricably tied to that of South Carolina's; and


Printed Page 3985 . . . . . Wednesday, May 24, 1995

Whereas, if subsequent events or proceedings should find and dictate that the State cannot legally assert ownership to this property, the State would want to pursue obtaining ownership from the entity found to own the ship, and if it is determined that ownership of the vessel belongs to the General Services Administration, the State requests transfer of ownership to the State. Now, therefore,

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

That the remains of the CSS Hunley, a Confederate attack submarine which sank off the coast of South Carolina on February 17, 1864, is the property of the State of South Carolina, the members of the General Assembly hereby memorialize the United States Congress to direct the General Services Administration to transfer any interest they may have in the wreckage of the Confederate submarine, the Hunley, to the State of South Carolina for enshrinement at the Naval Marine Museum at Patriot's Point, located in Mount Pleasant, South Carolina.

Be it further resolved that a committee of nine members be appointed, three of whom must be members of the House of Representatives, to be appointed by the Speaker, three of who must be members of the Senate to be appointed by the President Pro Tempore, and three members to be appointed by the Governor. The committee shall make a study of the law regarding the rights to the salvage of the "Hunley," a Confederate submarine, and any claim that a person or entity may assert with regard to ownership or control of the vessel. The committee is authorized to direct the Attorney General on behalf of South Carolina to take appropriate steps to enforce and protect the rights of the State of South Carolina to the salvage of the Hunley and to defend the state against claims regarding this vessel and to make recommendations regarding the appropriate method of preservation of this historic vessel.

The committee members shall not receive the subsistence, mileage and per diem as may be provided by law for members of boards, committees and commissions.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the United States Senate, the United States House of Representatives, and the members of South Carolina's Congressional Delegation.

Rep. QUINN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7529DW.95), which was adopted.

Amend the Concurrent Resolution, as and if amended, by striking all after the title and inserting:


Printed Page 3986 . . . . . Wednesday, May 24, 1995

/Whereas, the Hunley, a Confederate submarine, was commissioned by private investors and built in Mobile, Alabama, for use in the Civil War; and

Whereas, the Hunley torpedoed and destroyed on February 17, 1864, the USS Housatonic, a Union warship blockading Charleston Harbor; and

Whereas, that attack made the Hunley the first submarine in history to sink a warship; and

Whereas, the sinking of the USS Housatonic was the only such action in the Civil War; and

Whereas, the Hunley's achievement would not be repeated until the closing months of the First World War; and

Whereas, the Hunley's success launched the era of submarine warfare; and

Whereas, the Hunley and her crew disappeared off the coast of Charleston the night she sank the Housatonic; and

Whereas, nine gallant Confederate soldiers went down with the submarine; and

Whereas, the Hunley is the single most important artifact in the history of submarine warfare; and

Whereas, the Hunley has just been discovered intact off the coast of Sullivan's Island, South Carolina; and

Whereas, under federal and state law, the State asserts ownership of this vessel; and

Whereas, the State of South Carolina desires to exercise its ownership and control of this piece of Southern history; and

Whereas, the members of the General Assembly, by this resolution, declare their belief that this historic relic must be preserved and maintained for the benefit of future generations, and that the Hunley's history is inextricably tied to that of South Carolina's; and

Whereas, if subsequent events or proceedings should find and dictate that the State cannot legally assert ownership to this property, the State would want to pursue obtaining ownership from the entity found to own the ship, and if it is determined that ownership of the vessel belongs to the General Services Administration, the State requests transfer of ownership to the State. Now, therefore,

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

That the remains of the CSS Hunley, a Confederate attack submarine which sank off the coast of South Carolina on February 17, 1864, is the property of the State of South Carolina, the members of the General Assembly hereby memorialize the United States Congress to direct the General Services Administration to transfer any interest they may have in


Printed Page 3987 . . . . . Wednesday, May 24, 1995

the wreckage of the Confederate submarine, the Hunley, to the State of South Carolina for enshrinement at the Naval Marine Museum at Patriot's Point, located in Mount Pleasant, South Carolina.

Be it further resolved that a committee of nine members be appointed, three of whom must be members of the House of Representatives, to be appointed by the Speaker, three of who must be members of the Senate to be appointed by the President Pro Tempore, and three members to be appointed by the Governor. The committee shall make a study of the law regarding the rights to the salvage of the "Hunley," a Confederate submarine, and any claim that a person or entity may assert with regard to ownership or control of the vessel. The committee is authorized to direct the Attorney General on behalf of South Carolina to take appropriate steps to enforce and protect the rights of the State of South Carolina to the salvage of the Hunley and to defend the state against claims regarding this vessel and to make recommendations regarding the appropriate method of preservation of this historic vessel.

The committee members shall not receive the subsistence, mileage and per diem as may be provided by law for members of boards, committees and commissions.

Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the United States Senate, the United States House of Representatives, and the members of South Carolina's Congressional Delegation./

Amend title to conform.

Rep. HALLMAN explained the amendment.

The amendment was then adopted.

Rep. WHITE moved to adjourn debate upon the Concurrent Resolution until Tuesday, May 30.

Rep. LIMBAUGH moved to table the motion.

Rep. A. YOUNG demanded the yeas and nays, which were not ordered.

The motion to adjourn debate was tabled by a division vote of 42 to 9.

The Concurrent Resolution, as amended, was then adopted and ordered returned to the Senate.

SPEAKER PRO TEMPORE IN CHAIR



Printed Page 3988 . . . . . Wednesday, May 24, 1995

H. 4239--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

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 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.

Amend Title To Conform

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

That the mandatory SINE DIE adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective Houses adjourn on Thursday, June 1, 1995, at 5:00 p.m., each House shall stand adjourned to meet under the following terms and conditions:

(1) When the respective Houses of the General Assembly adjourn on Thursday, June 1, 1995, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 12, 13, 14, 15, and 16, 1995, for consideration of local and uncontested matters which have the unanimous consent of the members of the delegation affected by the legislation and for consideration


Printed Page 3989 . . . . . Wednesday, May 24, 1995

of resolutions expressing sympathy or congratulations, provided that the President of the Senate and the Speaker of the House are authorized to meet on Thursday, June 8, 1995, for the ratification of acts which have been enrolled before that date; and

(2) When the General Assembly adjourns on Friday, June 16, 1995, it shall stand adjourned until 11:00 a.m., Monday, June 19, 1995, in statewide session and to continue in statewide session, if necessary, no later than 5:00 P.M., Thursday, June 22, 1995, for the consideration of:

(a) gubernatorial vetoes;

(b) receipt or confirmation, or both, of appointments;

(c) ratification of acts;

(d) local matters where the affected delegation is unanimous;

(e) concurrent resolutions setting the election of persons to fill vacancies for judicial offices and the election of these judicial offices where screening has been completed and a report issued by the Joint Legislative Screening Committee;

(f) concurrent resolutions setting the election of persons to fill the judicial offices created in the 1995-96 General Appropriations Act;

(g) receipt or consideration, or both, of conference and free conference reports.

(3) When the General Assembly adjourns on Thursday, June 22, 1995, it shall stand adjourned to meet at 12:00 noon on Tuesday, October 24, 1995, solely for the purpose of electing persons in joint assembly to fill vacancies for judicial offices including the judicial offices created in the 1995-96 General Appropriations Act where screening has been completed and a report issued by the Joint Legislative Screening Committee and provide that when the election of these judicial offices is finished, the respective bodies of the General Assembly adjourn SINE DIE.

Rep. WILKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\2047DW.95), which was adopted.

Amend the concurrent resolutions, as and if amended, by striking all the resolving clause and inserting:

/That the mandatory SINE DIE adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that code section, to permit the General Assembly to continue in session under the terms and conditions set forth below. When the respective Houses adjourn on Thursday, June 1, 1995, at 5:00 p.m., each House shall stand adjourned to meet under the following terms and conditions:


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