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 4010, May 24 | Printed Page 4030, May 25 |

Printed Page 4020 . . . . . Wednesday, May 24, 1995

Rep. L. WHIPPER proposed the following Amendment No. 2, which was adopted.

By adding and appropriately numbering sections:

Nothing in this section shall be construed as prohibiting the state action that is necessary to establish or maintain eligibility for any federal program where ineligibility would result in a loss of federal funds to the State; nor shall this section prohibit a public agency from obeying a court order requiring consideration of racial, ethnic, national origin, gender or religious characteristics to remedy the effects of its own past discriminatory practices.

Rep. L. WHIPPER explained the amendment.

Rep. JENNINGS spoke in favor of the amendment.

Rep. FAIR spoke in favor of the amendment.

The amendment was then adopted.

Reps. SCOTT, RICHARDSON and KENNEDY spoke against the Bill.

Rep. KENNEDY moved to table the Bill.

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

Yeas 28; Nays 68

Those who voted in the affirmative are:

Anderson         Askins           Baxley
Beatty           Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Cave             Clyburn          Govan
Hines            Howard           Inabinett
Jennings         Kennedy          Keyserling
Lloyd            McAbee           McElveen
McMahand         Moody-Lawrence   Rhoad


Printed Page 4021 . . . . . Wednesday, May 24, 1995

Richardson       Whipper, L.      Whipper, S.
White

Total--28

Those who voted in the negative are:

Allison          Boan             Cain
Cato             Chamblee         Cooper
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Fair             Fleming          Fulmer
Gamble           Hallman          Harris, J.
Haskins          Herdklotz        Hutson
Jaskwhich        Keegan           Kelley
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Littlejohn       Marchbanks
Mason            McCraw           Meacham
Neilson          Quinn            Rice
Riser            Robinson         Rogers
Sandifer         Scott            Seithel
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Townsend
Tripp            Trotter          Tucker
Vaughn           Walker           Wells
Whatley          Wilder           Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--68

So, the House refused to table the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.


Printed Page 4022 . . . . . Wednesday, May 24, 1995

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Yeas 72; Nays 30

Those who voted in the affirmative are:

Allison          Boan             Breeland
Cain             Carnell          Cato
Chamblee         Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Fair
Fleming          Fulmer           Gamble
Hallman          Harris, J.       Harrison
Haskins          Herdklotz        Hutson
Jaskwhich        Keegan           Kelley
Kirsh            Knotts           Koon
Law              Limehouse        Littlejohn
Marchbanks       Martin           Mason
McCraw           McKay            Meacham
Neilson          Quinn            Rice
Riser            Robinson         Rogers
Sandifer         Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stoddard         Stuart
Townsend         Tripp            Trotter
Tucker           Vaughn           Walker
Wells            Whatley          Wilder
Wilkins          Witherspoon      Wofford
Wright           Young, A.        Young, J.

Total--72

Those who voted in the negative are:

Anderson         Askins           Baxley
Beatty           Brown, G.        Brown, J.
Brown, T.        Byrd             Cave
Clyburn          Govan            Hines
Hodges           Howard           Inabinett
Jennings         Kennedy          Keyserling
Lloyd            McAbee           McMahand
Moody-Lawrence   Rhoad            Richardson


Printed Page 4023 . . . . . Wednesday, May 24, 1995

Scott            Thomas           Whipper, L.
Whipper, S.      White            Wilkes

Total--30

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

I was out of Chambers when final vote was taken on H. 3749 - my vote would be yes.

Rep. DAVE C. WALDROP, JR.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

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.

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.

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.


Printed Page 4024 . . . . . Wednesday, May 24, 1995

ADJOURNMENT

At 4:25 P.M. the House in accordance with the motion of Rep. CLYBURN adjourned in memory of James A. Taylor of Aiken, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 4025 . . . . . Thursday, May 25, 1995

Thursday, May 25, 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:

We thank You, Gracious Lord, that You fill heaven and earth with Your presence. We praise You for the loveliness of the world all around: it's far off twinkle of the star, the music of the crystal streams, the deep call of the sea, the far stretches of the meadows, the purple majesty of the mountains.

Make us, we pray, worthy of the past and equal to the present. Plant a more sensitive understanding in our hearts. May the healing breezes of good will blow across our minds, cleansing our deepest desires of all narrowness and selfishness. Unite our efforts to accomplish Your way.

We pray in the Name of Him Whose truths show us the way. 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. SIMRILL moved that when the House adjourns, it adjourn in memory of J. Arte Goodman, which was agreed to.

SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3978 -- Reps. Tucker, McAbee, Stoddard, Haskins and Robinson: A BILL TO AMEND SECTION 57-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

Rep. TUCKER explained the Senate amendment.


Printed Page 4026 . . . . . Thursday, May 25, 1995

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.

REPORT OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4250 -- Reps. J. Brown, Scott and Howard: A CONCURRENT RESOLUTION COMMENDING JAMES B. HARDY, III, FOR HIS OUTSTANDING SERVICE TO PUBLIC EDUCATION AND WISHING HIM MUCH HAPPINESS FOLLOWING HIS RETIREMENT AS PRINCIPAL OF VIRGINIA PACK ELEMENTARY SCHOOL IN COLUMBIA.

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

INTRODUCTION OF BILLS

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

H. 4251 -- Rep. Hodges: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SAFETY BELTS, SO AS TO MAKE A DRIVER RESPONSIBLE FOR REQUIRING EACH OCCUPANT OF A MOTOR VEHICLE UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR ANOTHER CHILD RESTRAINT SYSTEM, TO CREATE THE OFFENSE OF FAILURE TO


Printed Page 4027 . . . . . Thursday, May 25, 1995

SECURE A SAFETY BELT ON A MINOR, TO PROVIDE FOR PENALTIES AND EXCEPTIONS TO THIS OFFENSE, TO REVISE THE PROVISIONS WHICH EXCLUDE CERTAIN OCCUPANTS FROM WEARING A SAFETY BELT, TO REVISE THE PENALTIES FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS REQUIREMENT.

Referred to Committee on Judiciary.

H. 4252 -- Rep. Davenport: A BILL TO AMEND SECTION 22-5-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO REVISE THE OFFENSES WHOSE RECORDS MAY BE EXPUNGED AND TO ALLOW THE EXPUNGEMENT OF RECORDS OF CERTAIN CRIMINAL OFFENSES HEARD IN THE CIRCUIT COURT.

Referred to Committee on Judiciary.

ROLL CALL

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

Allison          Anderson         Askins
Baxley           Beatty           Breeland
Brown, J.        Cain             Carnell
Cato             Cave             Chamblee
Cooper           Dantzler         Davenport
Delleney         Easterday        Elliott
Fleming          Fulmer           Gamble
Govan            Hallman          Harris, J.
Harris, P.       Haskins          Herdklotz
Hines            Hodges           Howard
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Keyserling
Kinon            Kirsh            Klauber
Knotts           Lanford          Law
Limbaugh         Littlejohn       Lloyd
Marchbanks       Martin           Mason
McAbee           McCraw           McMahand
McTeer           Neilson          Phillips
Quinn            Rhoad            Rice


Printed Page 4028 . . . . . Thursday, May 25, 1995

Richardson       Riser            Robinson
Sandifer         Scott            Seithel
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Stille
Stoddard         Stuart           Thomas
Townsend         Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, L.
White            Wilder           Wilkes
Wilkins          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 Thursday, May 25. William F. Cotty Bessie Moody-Lawrence William Clyburn Grady A. Brown Woodrow M. McKay Timothy F. Rogers H.B. Limehouse, III Jackson S. Whipper Becky Meacham Theodore A. Brown Dan L. Tripp Molly M. Spearman Kenneth Kennedy Dewitt Williams Alma W. Byrd Henry E. Brown, Jr. Douglas Jennings, Jr. Thomas E. Huff Joseph H. Neal Ralph W. Canty Michael L. Fair George H. Bailey Charles R. Sharpe Gilda Cobb-Hunter Robert W. Harrell, Jr. James H. Harrison John G. Felder B. Hicks Harwell C. Alex Harvin, III

Total Present--120

LEAVES OF THE HOUSE

The SPEAKER granted Reps. CROMER, HUFF and COTTY a leave of the House due to a Conference Committee meeting.

DOCTOR OF THE DAY

Announcement was made that Dr. Bo Machado of Aiken is the Doctor of the Day for the General Assembly.


Printed Page 4029 . . . . . Thursday, May 25, 1995

SPECIAL PRESENTATION

Rep. CARNELL, and the Greenwood Delegation, presented to the House Amy Hettich of Laramie, Wyoming, the 1995 Miss Rodeo USA and extended to her a warm welcome to S.C.

SENT TO THE SENATE

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

H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.

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.

H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA.

H. 3991 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DURATION AND MODIFICATION OF ORDERS FOR PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT PROTECTIVE ORDERS AND PROVISIONS OF PROTECTIVE ORDERS RELATING TO OTHER ISSUES, INCLUDING CUSTODY AND FINANCIAL SUPPORT, ARE VALID FOR ONE YEAR.

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


Printed Page 4030 . . . . . Thursday, May 25, 1995

AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.


| Printed Page 4010, May 24 | Printed Page 4030, May 25 |

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