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 510, Jan. 24 | Printed Page 530, Jan. 25 |

Printed Page 520 . . . . . Tuesday, January 24, 1995

I urge those proposing term limits to modify the Resolution to not provide special consideration to members of the General Assembly. It is just that special consideration that drives the voters to demand term limits. They don't trust us. Let's give them reason to trust us. Let's give them term limits which apply equally to all.

Rep. WILLIAM D. KEYSERLING

RECORD FOR JOURNAL

I was in the Doctor of the Day's office and had to go get my knee checked.

Being I was out of the House Chamber during much of the debate on H. 3281,I would like it to be known in the House Journal had I been in attendance to vote I would have voted "Yes" on Amendment No. 8 as part of H. 3281.

I also would have voted "Yes" to H. 3281 in its final passage.

Rep. GEORGE H. BAILEY

RECORD FOR JOURNAL

I am in favor of term limits. However, I cannot in good conscience vote for the term limits resolution, H. 3281. I offered amendments to make the grandfather clause only four years or eight years, even though discussion of a grandfather clause in debating an office that belongs to the people - not the officeholder - is distasteful to me. Under this Joint Resolution, we will not know whether term limitation is conducive to good government until 2012, when the last incumbent voting for this Resolution will be forced to step aside. Therefore, I abstain from voting on second reading in the hope the Joint Resolution can be later amended.

Rep. JOSEPH T. McELVEEN, JR.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3278 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION COMMENDING BOBBY TURNER, AN EMPLOYEE OF SANTEE ELECTRIC COOPERATIVE FOR HIS HEROISM WHICH SAVED THE LIFE OF ANOTHER HUMAN BEING ON CHRISTMAS EVE.


Printed Page 521 . . . . . Tuesday, January 24, 1995

H. 3279 -- Rep. D. Smith: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG HIGH SCHOOL ON WINNING THE 1994 CLASS AAAA DIVISION 1 STATE CHAMPIONSHIP IN FOOTBALL.

ADJOURNMENT

At 6:00 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Douglas Blackman of Columbia, to meet at 2:00 P.M. tomorrow.

* * *


Printed Page 522 . . . . . Wednesday, January 25, 1995

Wednesday, January 25, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty and Everlasting God, we ask Your continual blessings upon our Governor David Beasley, his counsellors and all of us who are entrusted with the government of our great State. Make us high in purpose, wise in counsel, and unwavering in duty. And as we listen to the Governor this evening, give us understanding minds as in the future we walk and work together in true partnership in the administration of our sacred charge as together we may serve Your holy will, uphold the honor of South Carolina, secure a better life for Your people, and move forward every worthwhile cause.

We pray to our God Who is always ready to help those who seek His help. 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. LIMEHOUSE moved that when the House adjourns, it adjourn in memory of Cecil Eddie Chasteen of Colleton, which was agreed to.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1822
Promulgated By Department of Health and Environmental Control
Environmental Protection Fees
Received By Speaker January 23, 1995
Referred to House Committee on Ways and Means
120 Day Review Expiration Date May 23, 1995


Printed Page 523 . . . . . Wednesday, January 25, 1995

Document No. 1823
Promulgated By Department of Health and Environmental Control
Hazardous Waste Management Regulations
Received By Speaker January 24, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 24, 1995

Document No. 1837
Promulgated By Board of Education
School-to-work Transition Act Regulations
Received By Speaker January 23, 1995
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 23, 1995

Document No. 1835
Promulgated By Board of Education
Policies and Procedures and Unit Standards for Teacher Education Program Approval in South Carolina
Received By Speaker January 23, 1995
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 23, 1995

Document No. 1828
Promulgated By Budget and Control Board, Office of Human Resources
State Employee Grievance Committee Rules
Received By Speaker January 24, 1995
Referred to House Committee on Ways and Means
120 Day Review Expiration Date May 24, 1995

Document No. 1825
Promulgated By Department of Health and Environmental Control
Water Quality Certification
Received By Speaker January 23, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 23, 1995

Document No. 1824
Promulgated By Department of Health and Environmental Control
Permits for Construction in Navigable Waters


Printed Page 524 . . . . . Wednesday, January 25, 1995

Received By Speaker January 23, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 23, 1995

Document No. 1819
Promulgated By Department of Education
Homebound Instruction
Received By Speaker January 23, 1995
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 23, 1995

Document No. 1811
Promulgated By Department of Health and Environmental Control
Public Swimming Pools
Received By Speaker January 24, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 24, 1995

HOUSE RESOLUTION

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

H. 3351 -- Reps. Allison, Wells, Wilder, D. Smith, Walker, Littlejohn, Vaughn, Beatty, Davenport and Lanford: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE JAMES F. BYRNES HIGH SCHOOL BAND'S CAPTAINS FROM EACH SECTION, STAFF, AND THE PRINCIPAL ON WEDNESDAY, FEBRUARY 22, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE CLASS AAAA STATE BAND CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the James F. Byrnes High School Band's Captains from each section, staff, and the principal be extended the privilege of the floor of the House of Representatives on Wednesday, February 22, 1995, at a time to be determined by the Speaker, for the purpose of being recognized on winning the Class AAAA State Band Championship.

The Resolution was adopted.


Printed Page 525 . . . . . Wednesday, January 25, 1995

HOUSE RESOLUTION

The following was introduced:

H. 3352 -- Reps. Wright and Haskins: A HOUSE RESOLUTION TO AMEND RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO ACCESS TO THE FLOOR OF THE HOUSE OF REPRESENTATIVES, SO AS TO AUTHORIZE THE LIEUTENANT GOVERNOR AND THE OTHER STATE CONSTITUTIONAL OFFICERS ADMITTED TO THE FLOOR.

The Resolution was ordered referred to the Committee on Rules.

HOUSE RESOLUTION

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

H. 3353 -- Rep. Wilkins: A HOUSE RESOLUTION TO GRANT SPECIAL LEAVE OF THE HOUSE OF REPRESENTATIVES TO ADMIT CERTAIN EMPLOYEES OR REPRESENTATIVES OF THE OFFICE OF THE GOVERNOR TO THE FLOOR OF THE HOUSE DURING THE 1995 REGULAR SESSION OF THE GENERAL ASSEMBLY AND DURING ANY SPECIAL SESSION WHICH MAY BE CALLED IN 1995.

Be it resolved by the House of Representatives:

That in accordance with the provisions of Rule 10.1 of the Rules of the House of Representatives, Howell Clyborne, Will McCain, Cindy Konduras, Robert Adams, Don Hottel, Wilma Neal, and Billy Routh, employees or representatives of the Office of the Governor, are granted special leave of the House to be admitted in the outer doors of the Chamber, in the Hall, and upon the Floor of the House of Representatives at any time during the regular 1995 session of the General Assembly and for any special session of the General Assembly such as may be ordered in 1995.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3354 -- Reps. Askins, Hines, McKay, Harwell and Limbaugh: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO


Printed Page 526 . . . . . Wednesday, January 25, 1995

THE FAMILY OF MR. MARION S. FOWLER, SR., OF LAKE CITY, ONE OF SOUTH CAROLINA'S MOST ACKNOWLEDGED EXPERTS ON TOBACCO AND TOBACCO MARKETING, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3355 -- Reps. Harvin and Govan: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO WILLIAM JEROME (JERRY) MCCORD FOR HIS OUTSTANDING SERVICE TO THE STATE OF SOUTH CAROLINA AS DIRECTOR OF THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND EXTENDING BEST WISHES TO HIM IN HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3356 -- Reps. Harvin, G. Brown, Canty, McElveen, Neal and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE E.B. (MAC) MCLEOD OF SUMTER COUNTY FOR HIS EIGHT YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND WISHING HIM HAPPINESS IN ALL OF HIS ENDEAVORS.

Whereas, the Honorable E.B. (Mac) McLeod of Sumter County for eight years represented the citizens of House District 67 (Sumter and Clarendon counties) with diligence and excellence in the General Assembly of this great State; and

Whereas, Mac McLeod was an outstanding member of the House of Representatives and always worked hard for his constituents and for the State as a whole; and

Whereas, Mac's honesty, intelligence, friendliness, and commitment to good government endeared him to his colleagues who admired him for his legislative abilities; and

Whereas, among Mac's many accomplishments, the following are noteworthy: he sponsored a tough crime bill placed at the request of Sheriff Tommy Mims; Mac developed a new Sumter County


Printed Page 527 . . . . . Wednesday, January 25, 1995

Voter/Election Board, which works together as one unit for more efficient elections; he took an active role in the restructuring of the South Carolina Department of Highways and Public Transportation and led the fight to make this department (the state's largest agency) more accountable and efficient; and he sponsored other legislation dealing with crime, welfare, and tax reform; and

Whereas, we will miss Mac in the State House and hope that he experiences happiness and good luck in all of his endeavors. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable E.B. (Mac) McLeod of Sumter County for his eight years of outstanding and dedicated service as a member of the General Assembly and wish him happiness in all of his endeavors.

Be it further resolved that a copy of this resolution be forwarded to our distinguished former colleague, the Honorable E.B. (Mac) McLeod.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3357 -- Reps. Allison, Wells, Walker, Littlejohn, Beatty, Wilder, Vaughn, Davenport, Lanford and D. Smith: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE JAMES F. BYRNES HIGH SCHOOL BAND OF SPARTANBURG COUNTY UPON WINNING THE CLASS AAAA STATE BAND CHAMPIONSHIP.

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

HOUSE RESOLUTION

The following was introduced:

H. 3358 -- Reps. Cromer and Gamble: A HOUSE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO MISCELLANEOUS RULES, SO AS TO ADD RULE 10.11, SO AS TO REQUIRE THAT A BULK MAIL


Printed Page 528 . . . . . Wednesday, January 25, 1995

PERMIT BE OBTAINED AND REQUIRE THAT ALL OFFICIAL MAIL OF THE HOUSE OF REPRESENTATIVES DELIVERED BY THE UNITED STATES POSTAL SERVICE BE MAILED USING THE BULK MAIL PERMIT WHENEVER POSSIBLE, AND REQUIRE THE MAIL ROOM SERVING THE HOUSE TO REMAIN OPEN UNTIL 6:00 P.M. ON TUESDAYS AND WEDNESDAYS WHEN THE HOUSE IS IN SESSION.

The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:

H. 3359 -- Reps. Phillips, Townsend, McCraw, Gamble, Hodges and McTeer: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE TEACHING PROFESSION AND TO IDENTIFY THE NECESSARY STEPS TO ATTRACT, PREPARE, AND IMPROVE TEACHERS AND ENHANCE THEIR PROFESSIONAL TRAINING, EVALUATION, AND DEVELOPMENT, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE FOR THE STAFF SUPPORT FOR THE COMMITTEE AND THE SOURCE OF ITS FUNDING.

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

CONCURRENT RESOLUTION

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

S. 344 -- Senators Lander, Matthews, Setzler and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 22, 1995, AS "DISABILITIES DAY"; TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN AND ADULTS WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES - THE EASTER SEAL SOCIETY OF SOUTH CAROLINA; AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 22, 1995, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Whereas, Life Abilities - The Easter Seal Society of South Carolina has again embarked upon its most worthwhile project to raise funds for


Printed Page 529 . . . . . Wednesday, January 25, 1995

citizens with disabilities, culminating in the forty-third annual "B.A.C.-Coffee Day for Children and Adults with Disabilities" in South Carolina on Good Friday, April 14, 1995; and

Whereas, under the statewide leadership of Lynn B. Bagnal, State Easter Seal Chairwoman, ably assisted by Rick Johnson, State President and John L. Caudle II, Executive Director of the South Carolina Law Enforcement Officers Association, Thomas L. Sponseller, Executive Director and Skip Condon, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid our very deserving children and adults and assist them in overcoming their disabilities; and

Whereas, the "B.A.C." buttons go on sale Wednesday, March 22, 1995; and

Whereas, the "B.A.C." project and all other programs of Easter Seals deserve the support, merit, and praise of all citizens of the State. Now, therefore,

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

That Wednesday, March 22, 1995, is designated "Children and Adults with Disabilities Day" in South Carolina and that Robert Clay Smith, son of Mr. and Mrs. Robert Smith of Darlington County; Amy King, daughter of Mr. and Mrs. Javan King of Spartanburg County; Brittany Ann Carter, daughter of Regina Carter of Georgetown County; Angela and Amber Gail Lowe, mother and daughter, of Anderson County; Luther and Mary Ellen Gower, husband and wife, of Richland County; and Christopher Lawrence, son of Judy Lawrence of Pickens County, who have been chosen to serve as State Easter Seal Representatives, be presented to the General Assembly in a joint session in the Hall of the House of Representatives on Wednesday, March 22, 1995.

Be it further resolved that the General Assembly extends to Easter Seals and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.

Be it further resolved that a copy of this resolution be forwarded to Joseph D. Jones, President and Chief Executive Officer of Easter Seals, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project and to the state Easter Seal Representatives.

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


| Printed Page 510, Jan. 24 | Printed Page 530, Jan. 25 |

Page Finder Index