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

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| Printed Page 4490, May 31 | Printed Page 4510, May 31 |

Printed Page 4500 . . . . . Wednesday, May 31, 1995

H. 3613--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

S. 101--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 31, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 101:
S. 101 -- Senators Leventis, Ryberg, Rose, Giese and Elliott: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER CERTAIN CRIMINAL OFFENSES AND A MAGISTRATE'S AUTHORITY TO IMPOSE SENTENCES, SO AS TO PROVIDE THAT THE PROHIBITION AGAINST A MAGISTRATE SENTENCING ANY PERSON TO CONSECUTIVE TERMS OF IMPRISONMENT TOTALING MORE THAN NINETY DAYS DOES NOT APPLY TO SENTENCES FOR CONVICTIONS RESULTING FROM A VIOLATION OF CHAPTER 11 OF TITLE 34 PERTAINING TO FRAUDULENT CHECKS OR A VIOLATION OF


Printed Page 4501 . . . . . Wednesday, May 31, 1995

SECTION 16-13-10 RELATING TO FORGERY WHICH INVOLVES A CHECK.
and asks for a Committee of Conference and has appointed Senators Moore, Holland and Courson of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. JENNINGS, COBB-HUNTER and FLEMING to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 31, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 679:
S. 679 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 52-7-30, RELATING TO THE POWERS OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION MAY EXEMPT FROM ITS REGULATIONS CERTAIN SCHOOLS, BUSINESSES, AND ASSOCIATIONS THAT PROVIDE INSTRUCTION IN THE COMBATIVE SPORTS, TO DEFINE CERTAIN TERMS; AND TO FURTHER AMEND CHAPTER 7, BY ADDING SECTION 52-7-145 SO AS TO BAN CONTESTS INVOLVING MORE THAN ONE OF THE COMBATIVE SPORTS AND COMBATIVE SPORTS EVENTS INVOLVING THE USE OF WEAPONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.


Printed Page 4502 . . . . . Wednesday, May 31, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 31, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 180:
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 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


Printed Page 4503 . . . . . Wednesday, May 31, 1995

SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 31, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3104:
H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison, Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS


Printed Page 4504 . . . . . Wednesday, May 31, 1995

OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.

Rep. HARRISON 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.

SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3364 -- Reps. Tucker, P. Harris, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 IN TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS' AFFAIRS, SO AS TO ESTABLISH THE VETERANS' TRUST FUND OF SOUTH CAROLINA AND PROVIDE FOR ITS POWERS, DUTIES, AND GOVERNANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE A DESIGNATION ON STATE INDIVIDUAL INCOME TAX FORMS ENABLING A TAXPAYER TO MAKE A CONTRIBUTION TO THE VETERANS' TRUST FUND OF SOUTH CAROLINA.

Rep. TUCKER 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.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 734 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY FROM WILLIAMSTON SOUTHWARD THROUGH BELTON TO THE ABBEVILLE COUNTY LINE AS THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY".


Printed Page 4505 . . . . . Wednesday, May 31, 1995

S. 734--AMENDED, ADOPTED AND SENT TO THE SENATE

On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:

S. 734 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY FROM THE CITY OF BELTON TO THE BURRISS CAREER CENTER THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY".

Whereas, Mr. Ernest Allen Burriss was an employee of the South Carolina Department of Highways and Public Transportation from 1921 until his death in 1954; and

Whereas, while employed by the Department of Highways and Public Transportation, Mr. Burriss served with distinction as the Maintenance Supervisor in charge of the Belton District; and

Whereas, it is fitting and proper that the portion of South Carolina Highway 20 in Anderson County from the City of Belton to the Career Center be designated and named the "Ernest Allen Burriss Memorial Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to designate and name the portion of State Highway 20 in Anderson County from Belton to the Career Center described above in this resolution as the "Ernest Allen Burriss Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Ernest Allen Burriss Memorial Highway".

Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\2072CM.95), which was adopted.

Amend the resolution, as and if amended, by striking all before the resolving words and inserting:

/Whereas, Mr. Ernest Allen Burriss was an employee of the South Carolina Department of Highways and Public Transportation from 1921 until his death in 1954; and

Whereas, while employed by the Department of Highways and Public Transportation, Mr. Burriss served with distinction as the Maintenance Supervisor in charge of the Belton District; and


Printed Page 4506 . . . . . Wednesday, May 31, 1995

Whereas, it is fitting and proper that the portion of South Carolina Highway 20 in Anderson County from the City of Belton to the Career Center be designated and named the "Ernest Allen Burriss Memorial Highway" as a lasting tribute to this distinguished South Carolinian. Now, therefore,/

Be it further resolved by striking all after the resolving words and inserting:

/That the members of the General Assembly request the Department of Transportation to designate and name the portion of State Highway 20 in Anderson County from Belton to the Career Center described above in this resolution as the "Ernest Allen Burriss Memorial Highway" and to install appropriate markers or signs at places along the highway as the department considers advisable containing the words "Ernest Allen Burriss Memorial Highway"./

Amend further by amending the title to read:
/TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY FROM THE CITY OF BELTON TO THE BURRISS CAREER CENTER THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY"./

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

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

HOUSE RESOLUTION

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

H. 4287 -- Reps. Kelley and Keegan: A HOUSE RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE CHAMBER ON NOVEMBER 1, 2, AND 3, 1995, FOR ITS ANNUAL MEETING.

Be it resolved by the House of Representatives:

That the South Carolina Student Legislature is allowed the use of the Chamber of the House of Representatives at its temporary location on November 1, 2, and 3, 1995, for its annual meeting. If the House of Representatives is in statewide session on any of these days, the House Chamber may not be used on these days.


Printed Page 4507 . . . . . Wednesday, May 31, 1995

Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the House Chamber and the use must be in strict accordance with the policies of the House of Representatives.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4288 -- Reps. Neilson, Baxley and Hines: A CONCURRENT RESOLUTION CONGRATULATING THE ST. JOHNS HIGH SCHOOL VARSITY BASEBALL TEAM OF DARLINGTON COUNTY ON WINNING THE 1995 CLASS AAA STATE CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4289 -- Rep. Boan: A CONCURRENT RESOLUTION COMMENDING JAMES M. "JIMMY" NEAL OF LANCASTER COUNTY FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE LANCASTER COUNTY SCHOOL DISTRICT AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT AS PRINCIPAL OF ANDREW JACKSON HIGH SCHOOL.

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. 4290 -- Rep. Davenport: A BILL TO AMEND SECTION 38-73-737, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER TRAINING COURSE CREDIT TOWARD LIABILITY AND COLLISION INSURANCE POLICY PREMIUMS, SO AS TO PROVIDE THAT AN APPROVED DRIVER TRAINING COURSE INCLUDES AN EMERGENCY VEHICLE OPERATIONS COURSE APPROVED BY THE DEPARTMENT OF PUBLIC SAFETY.

Referred to Committee on Labor, Commerce and Industry.


Printed Page 4508 . . . . . Wednesday, May 31, 1995

H. 4291 -- Reps. Limehouse, Tucker, Martin, Chamblee, Herdklotz, Sandifer, Richardson, Thomas, Simrill, Tripp, Cain, Jaskwhich, Fleming, Sharpe, Koon, Davenport, Keyserling, Wilder, Fair, Robinson and Mason: A BILL TO AMEND SECTION 57-3-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT FROM "C" FUNDS OF EXPENSES OF THE DEPARTMENT OF TRANSPORTATION IN ERECTING SIGNS FOR ROADS AND BRIDGES NAMED FOR AN INDIVIDUAL BY ACT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT NO REVENUE OF THE STATE HIGHWAY FUND, "C" FUNDS, OR OTHER REVENUES DERIVED DIRECTLY OR INDIRECTLY FROM TAXES IMPOSED BY THE STATE MAY BE USED TO PAY FOR SUCH SIGNS.

Referred to Committee on Ways and Means.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4261 -- Reps. Kirsh, Delleney, Meacham, McCraw, Moody-Lawrence and Simrill: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT THANKS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHILDREN OF ANNE SPRINGS CLOSE FOR SETTING ASIDE TWO THOUSAND THREE HUNDRED ACRES IN YORK COUNTY TO PRESERVE AN AREA THAT WILL SERVE AS A BUFFER AGAINST URBAN ENCROACHMENT, PROTECTING THE FORT MILL COMMUNITY FOR GENERATIONS TO COME.

H. 4262 -- Reps. G. Brown and Hines: A CONCURRENT RESOLUTION COMMENDING AND THANKING JOHN E. WALL OF BISHOPVILLE FOR HIS OUTSTANDING LEADERSHIP AND CONTRIBUTIONS TO PUBLIC EDUCATION AS SUPERINTENDENT OF THE LEE COUNTY SCHOOL DISTRICT AND EXTENDING HIM BEST WISHES FOR HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.

H. 4263 -- Rep. Boan: A CONCURRENT RESOLUTION TO DECLARE DECEMBER 3-9, 1995, AS SOUTH CAROLINA HIGH


Printed Page 4509 . . . . . Wednesday, May 31, 1995

SCHOOL FOOTBALL COACHES APPRECIATION WEEK AND DECLARE FRIDAY, DECEMBER 8, 1995, AS "SOUTH CAROLINA HIGH SCHOOL FOOTBALL COACHES APPRECIATION DAY".

H. 4264 -- Rep. Stuart: A CONCURRENT RESOLUTION CONGRATULATING PELION HIGH SCHOOL OF LEXINGTON COUNTY ON WINNING THE 1995 CLASS A GIRLS SOFTBALL STATE CHAMPIONSHIP.

H. 4265 -- Reps. Gamble, Koon, Knotts, Stuart, Riser, Wright and Spearman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. JOHN W. PARRISH, SR., OF WEST COLUMBIA, A PROMINENT SOUTH CAROLINA BUSINESS AND CIVIC LEADER, UPON HIS DEATH.

H. 4268 -- Reps. Rhoad and Cave: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE BAMBERG-EHRHARDT HIGH SCHOOL BASEBALL TEAM AND ITS COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.

H. 4269 -- Reps. Scott, Neal, Canty, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, 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, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, 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 COMMENDING THE REVEREND JAMES NEDD FOR


Printed Page 4510 . . . . . Wednesday, May 31, 1995

MORE THAN FORTY YEARS OF SERVICE AS AN AFRICAN METHODIST EPISCOPAL CHURCH PASTOR AND TO WISH HIM AND HIS WIFE, ROSE MARIE, WELL IN ALL THEIR FUTURE ENDEAVORS.


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