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 4130, May 25 | Printed Page 4150, May 29 |

Printed Page 4140 . . . . . Monday, May 29, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 4258 -- Reps. Harrell, Fulmer, Breeland and Inabinett: A CONCURRENT RESOLUTION TO RECOGNIZE MR. JOHN B. JOHNSTON, III, OF CHARLESTON UPON HIS UPCOMING INSTALLATION AS PRESIDENT OF THE NATIONAL RECREATION AND PARKS ASSOCIATION CITIZEN-BOARD MEMBER BRANCH AND TO COMMEND HIM FOR HIS CONTRIBUTIONS TO RECREATION IN CHARLESTON, IN SOUTH CAROLINA, AND IN THE NATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 76/378 IN SUMTER COUNTY AS THE R. J. CHIC MATHIS HIGHWAY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 872 -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MR. TIM O. HALL, JR., PRESIDENT AND CHAIRMAN OF THE BOARD OF THE BLUE RIDGE BANK OF WALHALLA, UPON RECEIVING THE HALF-CENTURY AWARD FROM THE SOUTH CAROLINA BANKERS ASSOCIATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


Printed Page 4141 . . . . . Monday, May 29, 1995

INTRODUCTION OF BILL

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

S. 857 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1869, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

ROLL CALL

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

Allison          Anderson         Askins
Breeland         Brown, G.        Brown, H.
Brown, J.        Cain             Canty
Cato             Cave             Chamblee
Clyburn          Cobb-Hunter      Cooper
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Felder           Fleming          Fulmer
Gamble           Govan            Hallman
Harrell          Harris, P.       Harrison
Haskins          Herdklotz        Hines
Hodges           Huff             Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Mason
McAbee           McCraw           McKay
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Quinn            Rhoad            Rice
Richardson       Riser            Robinson
Rogers           Sandifer         Scott


Printed Page 4142 . . . . . Monday, May 29, 1995

Seithel          Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Stille           Stoddard
Stuart           Townsend         Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      Wilder           Wilkins
Williams         Worley           Wright
Young, A.        Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Monday, May 29. Heyward G. Hutson Sandra S. Wofford Paula H. Thomas Juanita M. White Timothy C. Wilkes William D. Witherspoon Jackson S. Whipper Alma W. Byrd Larry L. Elliott Marion P. Carnell James N. Law J. Michael Baxley Michael L. Fair Leon Howard Olin R. Phillips Theodore A. Brown L. Morgan Martin Dan L. Tripp George H. Bailey Molly M. Spearman C. Alex Harvin, III

Total Present--119

LEAVES OF ABSENCE

The SPEAKER granted Rep. SPEARMAN a temporary leave of absence.

The SPEAKER granted Rep. HARWELL a leave of absence for the day due to an accident.

STATEMENT OF ATTENDANCE

Reps. CROMER, COTTY, HUFF and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, May 25.


Printed Page 4143 . . . . . Monday, May 29, 1995

SILENT PRAYER

On motion of Rep. R. SMITH, with unanimous consent, the House stood in silent prayer for the recovery of Rep. HARWELL and his wife, who were in an automobile accident.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. A. YOUNG moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

S. 842--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

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.

Rep. NEILSON, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\2049DW.95), which was adopted.

Amend the bill, as and if amended, page 2, line 10, by inserting after /Delegation/ /to include the member or members from that district/.

Amend title to conform.

Rep. NEILSON, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\2050DW.95), which was adopted.

Amend the bill, as and if amended, page 1, beginning on line 38, by striking /Mont Clare/ and inserting /Mont Clare/.

Amend title to conform.

The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.


Printed Page 4144 . . . . . Monday, May 29, 1995

S. 847--DEBATE ADJOURNED

Rep. STODDARD moved to adjourn debate upon the following Bill until Tuesday, May 30, which was adopted.

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.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.

H. 3544--POINT OF ORDER

The following Bill was taken up.

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.


Printed Page 4145 . . . . . Monday, May 29, 1995

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\22027SD.95).

Amend the bill, as and if amended, by striking Section 59-39-100 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 59-39-100. Diplomas issued to graduates of accredited high schools within this State must be uniform in every respect and particularly as to color, size, lettering, and marking. The number of units required for a state high school diploma is twenty units as prescribed by the State Board of Education. Beginning in the 1986-87 academic school year, a minimum of 3 three units must be earned in mathematics, and a minimum of 2 two units must be earned in science., and beginning with the 1998-99 school year, a minimum of four units in mathematics and a minimum of three units in science must be earned.

One unit in computer science, if approved by the State Department of Education for this purpose, may be counted toward the mathematics requirement.

Students who earn one unit in science and six or more units in a specific occupational service area meet the science requirements for a state high school diploma. Vocational programs operating on a 3-2-1 structure may count prevocational education as one of the six required units."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. McTEER explained the amendment.

POINT OF ORDER

Rep. ANDERSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

S. 180--DEBATE ADJOURNED

Rep. J. BROWN moved to adjourn debate upon the following Bill, which was adopted.

S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN


Printed Page 4146 . . . . . Monday, May 29, 1995

REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.

S. 375--OBJECTIONS

The following Bill was taken up.

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD


Printed Page 4147 . . . . . Monday, May 29, 1995

STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.

Reps. SIMRILL, HARRISON, JENNINGS and TUCKER objected to the Bill.

OBJECTION TO RECALL

Rep. HUFF asked unanimous consent to recall S. 846 from the Committee on Ways and Means.

Rep. COOPER objected.

H. 3135--NON-CONCURRENCE IN SENATE AMENDMENTS

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

H. 3135 -- Reps. Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley: A BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE CHIEF, WITH THE APPROVAL OF THE MUNICIPALITY, TO PROVIDE FOR THE COMPENSATION OF RESERVE POLICE OFFICERS.

Rep. HODGES explained the Senate amendment.

SPEAKER PRO TEMPORE IN CHAIR

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

SPEAKER IN CHAIR

STATEMENT BY REP. H. BROWN

Reps. H. BROWN and FELDER made a statement relative to the Conference Committee on H. 3362, The General Appropriations Bill.

Rep. SHEHEEN moved to instruct the conferees to refuse to vote for any extension of burial of low level nuclear waste in South Carolina past


Printed Page 4148 . . . . . Monday, May 29, 1995

the December 31, 1995, date on H. 3362 or any of the bills in the conference committee.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Rep. Sheheen's motion was out of order as there was nothing in the Rules that allowed for the motion to be made on the floor outside the Motion Period and the House was not in the Motion Period. He further stated that it was the same motion that had been made last year and that it could not be made as an advisory nature.

Rep. SHEHEEN stated, citing Page 7498 of the Journal from 1994, that the only Point Rep. Haskins had raised was about his substitute motion.

The SPEAKER stated that Rep. Sheheen had made the original motion last year and that Rep. Haskins tried to make a substitute motion and that Rep. Sheheen raised the Point of Order that the House was not in the Motion Period and that he had sustained the Point of Order. He further stated, citing Pages 7503-7504 of the Journal, that a similar Point had been made by Rep. Haskins when Rep. Sheheen tried to get a question voted on and Rep. Haskins raised the Point that the House was not in the Committee of the Whole and there was nothing in the Rules to permit the direction of the House. He further stated, citing Page 7505 of the Journal from last year, that the House was not in the Committee of the Whole and there was nothing in the Rules to permit what Rep. Sheheen had asked and he sustained the Point of Order.

Rep. SHEHEEN moved that the House resolve itself into a Committee of the Whole.

POINT OF ORDER

Rep. HASKINS stated that in accordance with Section 652 of Mason's that in order to go into the Committee of the Whole the purpose must be stated.

The SPEAKER sustained the Point of Order.

MOTION TABLED

Rep. SHEHEEN moved to resolve into the Committee of the Whole for the purpose of discussing the General Appropriations Bill, Supplemental Appropriations Bill, the Carnell/Felder Bill, H. 3647, and the Capital Reserve Fund Bill.

Rep. A. YOUNG moved to table the motion.


Printed Page 4149 . . . . . Monday, May 29, 1995

Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Yeas 68; Nays 49

Those who voted in the affirmative are:

Allison          Bailey           Brown, H.
Cain             Cato             Cave
Chamblee         Cooper           Cotty
Dantzler         Davenport        Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Harrell          Harrison         Haskins
Herdklotz        Huff             Hutson
Jaskwhich        Keegan           Kelley
Kinon            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McKay
Meacham          Phillips         Quinn
Rhoad            Rice             Riser
Robinson         Sandifer         Seithel
Sharpe           Simrill          Smith, D.
Smith, R.        Stuart           Townsend
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
White            Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Total--68

Those who voted in the negative are:

Anderson         Baxley           Boan
Breeland         Brown, G.        Brown, J.
Brown, T.        Byrd             Canty
Carnell          Clyburn          Cobb-Hunter
Cromer           Delleney         Govan
Harris, J.       Harris, P.       Hines
Hodges           Howard           Inabinett
Jennings         Kennedy          Keyserling
Kirsh            Lloyd            Martin


Printed Page 4150 . . . . . Monday, May 29, 1995

McAbee           McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Richardson
Rogers           Scott            Sheheen
Shissias         Stille           Stoddard
Thomas           Tucker           Whipper, L.
Whipper, S.      Wilder           Wilkes
Williams

Total--49

So, the motion to resolve into a Committee of the Whole was tabled.


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