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 550, Jan. 25 | Printed Page 570, Jan. 26 |
Printed Page 560 . . . . . Wednesday, January 25, 1995
The question will not be what's best for the agencies but what's best for the children. Tonight I have outlined a plan that in many ways takes us back to time-proven basics. We know jobs provide opportunity, so let's stay on the cutting edge of economic and community development. We know our children can do better academically, so let's raise our expectations in the classroom. We know government is fat, so let's trim it. We know it's harder for our citizens to make ends meet, so let's cut taxes. We know that virtues, such as personal responsibility and the work ethic, build up society, so let's reinstate them in our laws. A sense of community is reemerging all across the State. Citizens aren't waiting for government solutions. They are uniting to address common problems for the common good in churches, civic groups, neighborhoods, schools and private charity organizations. Mary Wood and I will spend much of the next four years visiting these citizens, learning from them and encouraging greater involvement. It is our great honor to serve a people who, to use Faulkner's words, possess `a spirit capable of compassion and sacrifice and endurance.' Our challenge as public servants is not to control this spirit but to catch it. This spirit feeds the mighty rivers of hope which flow to every person and family in South Carolina. What you and I do in these halls is important but no more important than the work carried out day after day with little fanfare in our communities. Let us work and learn together. Let us forge a government which reflects the compassion and sacrifice and endurance and hope of the people who sent us here. For all of us who have made a commitment to public service, it is our challenge, it is our moment to provide the leadership. Thank you and God bless you all."

Upon the conclusion of his address, Governor Beasley and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 7:35 P.M. the House resumed, the SPEAKER in the Chair.

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

Printed Page 561 . . . . . Wednesday, January 25, 1995
ADJOURNMENT

At 7:36 P.M. the House in accordance with the motion of Rep. LIMEHOUSE adjourned in memory of Cecil Eddie Chasteen of Colleton, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 562 . . . . . Thursday, January 26, 1995
Thursday, January 26, 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:

Father of our lives, we thank You for the light of Your countenance that makes bright with eternal splendor even drab days. Without that light, we walk in darkness; without Your leading, our boasted progress leads to futility and oblivion. In this day of opportunities and challenges, forbid that we should fail to see Your face or heed Your beckoning. Shatter our delusions, shine through our blindness, shame our selfishness. And through our shared blood, sweat and tears, make of us stalwart defenders of the things that made this Nation great, and that because of us Your truths go marching on. 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.

SILENT PRAYER

On motion of Rep. HUFF the House stood in silent prayer in memory of Mr. Norris S. Law of Moncks Corner, father of Rep. JAMES N. LAW.

MOTION ADOPTED

Rep. HUFF moved that when the House adjourns, it adjourn in memory of Mr. Norris S. Law of Moncks Corner, which was agreed to.

Printed Page 563 . . . . . Thursday, January 26, 1995
INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

January 23, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the South Carolina Student Legislature, it is my pleasure to invite you and your House colleagues to attend the annual SCSL Legislative Reception. The reception will be held on Tuesday, February 21st from 12:00 until 2:00 P.M., in the Lower Lobby of the State House.

As has been the custom, members of the Student Legislature will share the bills they passed in the Fall Session with members of the House and Senate. In the past there have been cases of bills originating in the Student Legislature eventually being introduced and passed by the General Assembly.

I would be grateful if you would make your fellow Representatives aware of this invitation. Interaction with real life lawmakers and access to the legislative process are extremely beneficial to the members of the Student Legislature. Activities such as the Legislative Reception help mold the leaders on South Carolina's college campuses.

Thank you in advance for your prompt attention to this request. As always, I stand ready to assist you in any way. I look forward to seeing you in Columbia very soon.

With warm regards, I am,

Cordially,
Brian N. Benenhaley
Chief of Staff
South Carolina Student Legislature

Printed Page 564 . . . . . Thursday, January 26, 1995
REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1826
Promulgated By Department of Health and Environmental Control: Coastal Council
Permitting in the Coastal Zone
Received By Speaker January 25, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 25, 1995

REPORT OF STANDING COMMITTEE

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

Invitation of Up-State, Mid-State, Lowcountry and Southern Piedmont Chapters of the Alzheimer's Association for South Carolina, for a coffee drop-in, February 23, 1995, 9:00 - 11:00 A.M., in the first floor lobby of the State House.

The invitation was accepted.

REPORTS OF STANDING COMMITTEES

Rep. KOON, from the Lexington Delegation, submitted a favorable report, on:

H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

Ordered for consideration tomorrow.

Printed Page 565 . . . . . Thursday, January 26, 1995
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.

Ordered for consideration tomorrow.

Printed Page 566 . . . . . Thursday, January 26, 1995
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3164 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Baxley, Lloyd and Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3165 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Klauber, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Hines, Stuart, Baxley, Clyburn, Lloyd and Cotty: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF

Printed Page 567 . . . . . Thursday, January 26, 1995
THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT,

Printed Page 568 . . . . . Thursday, January 26, 1995
CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3393 -- Rep. Law: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FOOTBALL TEAM OF BERKELEY HIGH SCHOOL, COACHING STAFF, AND SCHOOL OFFICIALS, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON

Printed Page 569 . . . . . Thursday, January 26, 1995
WINNING THE CLASS AAAA DIVISION II STATE FOOTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the football team of Berkeley High School, coaching staff, and school officials are extended the privilege of the floor of the House of Representatives, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the Class AAAA Division II state football championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3394 -- Reps. Vaughn and Allison: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GREER HIGH SCHOOL FOOTBALL TEAM, COACHING STAFF, AND SCHOOL OFFICIALS ON THURSDAY, FEBRUARY 2, 1995, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE CLASS AAA STATE CHAMPIONSHIP FOR 1994.

Be it resolved by the House of Representatives:

That the Greer High School football team, coaching staff, and school officials are extended the privilege of the floor of the House of Representatives on Thursday, February 2, 1995, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the Class AAA state championship for 1994.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3395 -- Reps. Vaughn and Allison: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREER HIGH SCHOOL YELLOW JACKETS VARSITY FOOTBALL TEAM, THEIR HEAD COACH, STUART HOLCOMBE, PRINCIPAL MARION WATERS, AND SCHOOL OFFICIALS FOR WINNING THE CLASS AAA STATE CHAMPIONSHIP FOR 1994 AND TO RECOGNIZE THE

Printed Page 570 . . . . . Thursday, January 26, 1995
DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF FOOTBALL PLAYERS AND THEIR COACHES.

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

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