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 590, Jan. 31 | Printed Page 610, Feb. 1 |
Printed Page 600 . . . . . Tuesday, January 31, 1995
H. 3405--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO DISQUALIFICATION AND SUSPENSION FROM PARTICIPATION IN CONTRACTS WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1772, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

REGULATION NO. 1826--RECALLED AND REFERRED TO THE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. J. BROWN, with unanimous consent, the following Regulation No. 1826 was recalled from the Committee on Medical, Military, Public and Municipal Affairs and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.

OBJECTION TO RECALL

Rep. ROGERS asked unanimous consent to recall H. 3420 from the Committee on Judiciary.

Rep. SHEHEEN objected.

H. 3281--RECOMMITTED

The following Joint Resolution was taken up.

H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS

Printed Page 601 . . . . . Tuesday, January 31, 1995
SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

Rep. HARRISON moved to recommit the Joint Resolution to the Committee on Judiciary, retaining its place on the Calendar.

Rep. HODGES moved to table the motion.

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

Yeas 27; Nays 84

Those who voted in the affirmative are:

Anderson         Askins           Baxley

Beatty           Breeland         Brown, G.

Brown, T.        Byrd             Cave

Hodges           Howard           Jennings

Kennedy          Martin           McCraw

Moody-Lawrence   Neal             Phillips

Rogers           Scott            Spearman

Whipper, L.      Whipper, S.      White

Wilder           Wilkes           Williams

Total--27

Printed Page 602 . . . . . Tuesday, January 31, 1995
Those who voted in the negative are:
Allison          Bailey           Boan

Brown, H.        Brown, J.        Cain

Carnell          Cato             Chamblee

Clyburn          Cooper           Cotty

Cromer           Dantzler         Davenport

Delleney         Easterday        Elliott

Fleming          Fulmer           Gamble

Govan            Hallman          Harrell

Harris, J.       Harris, P.       Harrison

Harvin           Haskins          Herdklotz

Huff             Hutson           Jaskwhich

Keegan           Kelley           Kinon

Kirsh            Klauber          Knotts

Koon             Lanford          Limbaugh

Limehouse        Littlejohn       Lloyd

Marchbanks       Mason            McAbee

McKay            McTeer           Meacham

Quinn            Rhoad            Rice

Richardson       Riser            Robinson

Sandifer         Seithel          Sharpe

Sheheen          Shissias         Simrill

Smith, D.        Smith, R.        Stille

Stuart           Thomas           Townsend

Tripp            Trotter          Tucker

Vaughn           Waldrop          Walker

Wells            Whatley          Wilkins

Witherspoon      Wofford          Worley

Wright           Young, A.        Young, J.

Total--84

So, the House refused to table the motion to recommit.

The question then recurred to the motion to recommit the Joint Resolution to the Committee on Judiciary, retaining its place on the Calendar, which was agreed to.

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

Printed Page 603 . . . . . Tuesday, January 31, 1995
RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3221 -- Rep. D. Smith: A CONCURRENT RESOLUTION TO PROCLAIM SUNDAY, APRIL 23, 1995, THROUGH SATURDAY, APRIL 29, 1995, AS GOLF WEEK IN SOUTH CAROLINA WHICH WILL BE OBSERVED THROUGHOUT THE STATE WITH APPROPRIATE CEREMONIES AND EVENTS TO RECOGNIZE THE ECONOMIC IMPACT OF THE GOLF INDUSTRY IN SOUTH CAROLINA, THE IMPORTANCE OF THE STATE'S JUNIOR GOLFERS, AND THE IMPORTANCE OF TURFGRASS RESEARCH.

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 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.

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.

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.

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.

Printed Page 604 . . . . . Tuesday, January 31, 1995
H. 3390 -- Reps. Davenport and Walker: A CONCURRENT RESOLUTION TO RECOGNIZE GRAHAM KYLE EASLER OF SPARTANBURG COUNTY FOR HIS OUTSTANDING 1994 FOOTBALL SEASON AT BOILING SPRINGS HIGH SCHOOL.

H. 3391 -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MS. HOLLY KRISTINA CRAIN OF INMAN AND TO EXTEND SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 3392 -- Rep. Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS BEING MADE TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR THE STUDENTS IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND TO DECLARE TUESDAY, JANUARY 31, 1995, AS "CHILDREN FIRST DAY" IN THIS STATE.

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 DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF FOOTBALL PLAYERS AND THEIR COACHES.

H. 3396 -- Reps. Govan, Felder, Cobb-Hunter, Sharpe and Stuart: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY BULLDOG FOOTBALL TEAM FOR AN OUTSTANDING 1994 SEASON AND HERITAGE BOWL VICTORY.

H. 3397 -- Reps. Tucker and Elliott: A CONCURRENT RESOLUTION CONGRATULATING THOMAS BLAIR HERBERT OF ANDERSON ON BEING SELECTED TO ATTEND THE NATIONAL YOUNG LEADERS CONFERENCE IN WASHINGTON, D.C.


Printed Page 605 . . . . . Tuesday, January 31, 1995
ADJOURNMENT

At 1:05 P.M. the House in accordance with the motion of Rep. KELLEY adjourned in memory of John Singleton of Horry County, to meet at 2:00 P.M. tomorrow.

* * *

Printed Page 606 . . . . . Wednesday, February 1, 1995
Wednesday, February 1, 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:

Paternal and eternal God, enable us to hear always Your divine teachings which guide, bless and give us assurance. Teach us to know that we are always under the white light of Your judgement before which nothing unclean can survive, and under the scrutiny of Your all-seeing eye. Deliver us from elevating cleverness above goodness, humor above honor. Make us to know that in the daily duties placed in our hands that our effectiveness depends upon the surrender we make of our self-centered way to the control of Your will in which alone we find peace.

We pray in the Name of Him Who plainly says: "Come, follow Me." 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. COTTY moved that when the House adjourns, it adjourn in memory of J. Don Watson, Jr., of Elgin, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION

Printed Page 607 . . . . . Wednesday, February 1, 1995
37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.

Ordered for consideration tomorrow.

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

H. 3090 -- Reps. Cromer and Stille: A BILL TO AMEND SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN MAGISTRATE'S COURT, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.

Ordered for consideration tomorrow.

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

H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.

Ordered for consideration tomorrow.

Printed Page 608 . . . . . Wednesday, February 1, 1995
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3019 -- Reps. Simrill, Cato, Walker, Meacham, Kirsh, Stille, Kelley, Richardson, Gamble, Phillips Spearman, Robinson, Riser and Shissias: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION OR USE OF A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

Ordered for consideration tomorrow.

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

H. 3158 -- Reps. Quinn, Robinson and Harrell: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO EXEMPT IN THE OFFICES OF OTHER STATEWIDE CONSTITUTIONAL OFFICE EMPLOYEES APPOINTED BY THE OFFICER AT OR ABOVE THE ORGANIZATIONAL LEVEL OF ASSISTANT DIRECTORS OF INDIVIDUAL PROGRAM COMPONENTS.

Ordered for consideration tomorrow.

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

H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE

Printed Page 609 . . . . . Wednesday, February 1, 1995
COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

Ordered for consideration tomorrow.

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

H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

Ordered for consideration tomorrow.

| Printed Page 590, Jan. 31 | Printed Page 610, Feb. 1 |
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