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 810, Feb. 8 | Printed Page 830, Feb. 9 |
Printed Page 820 . . . . . Wednesday, February 8, 1995

Rep. CROMER explained the Joint Resolution.

The question then recurred to the passage of the Joint Resolution on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 84; Nays 19

Those who voted in the affirmative are:

Allison          Askins           Bailey
Baxley           Boan             Brown, G.
Brown, H.        Cain             Carnell
Cato             Chamblee         Clyburn
Cooper           Cotty            Cromer
Dantzler         Davenport        Delleney
Easterday        Fair             Fleming
Fulmer           Gamble           Hallman
Harrell          Harris, J.       Harrison
Harwell          Haskins          Herdklotz
Huff             Hutson           Jaskwhich
Keegan           Kelley           Keyserling
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McAbee           McCraw           McKay
Meacham          Neilson          Phillips
Quinn            Rhoad            Rice
Richardson       Riser            Robinson
Rogers           Sandifer         Seithel
Sheheen          Shissias         Simrill
Smith, R.        Spearman         Stille
Stuart           Thomas           Tripp
Trotter          Vaughn           Walker
Wells            Whatley          Wilder

Printed Page 821 . . . . . Wednesday, February 8, 1995
Wilkins          Witherspoon      Wofford
Wright           Young, A.        Young, J.

Total--84

Those who voted in the negative are:

Anderson         Breeland         Brown, T.
Byrd             Canty            Cave
Cobb-Hunter      Govan            Harvin
Hines            Kennedy          Lloyd
McElveen         McMahand         Moody-Lawrence
Neal             Whipper, L.      Whipper, S.
White

Total--19

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

RECORD FOR JOURNAL

I want the record to reflect that I abstained from voting on H. 3083.

Rep. DOUGLAS JENNINGS, JR.

Rep. INABINETT moved that the House do now adjourn.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.

RECURRENCE TO THE MORNING HOUR

Rep. SHEHEEN moved that the House recur to the morning hour, which was agreed to.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR

Printed Page 822 . . . . . Wednesday, February 8, 1995
EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.

Referred to Committee on Judiciary.

H. 3559 -- Reps. Rogers, Keyserling, J. Brown, Hodges, L. Whipper, Carnell, White, McMahand, Anderson, Byrd, Cave, Harvin and Neal: A BILL TO PROVIDE THAT THE GENERAL ASSEMBLY FINDS THAT CONGRESS HAS ENACTED THE "NATIONAL VOTER REGISTRATION ACT OF 1993" (P.L. NO. 103-31 OF 1993) AND THAT THE PURPOSE OF THIS ACT IS TO COMPLY WITH THE PROVISIONS OF THAT CONGRESSIONAL LAW; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR

Printed Page 823 . . . . . Wednesday, February 8, 1995
ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; AND TO AMEND SECTION 7-13-810, AS AMENDED, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE.

Referred to Committee on Judiciary.

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

Printed Page 824 . . . . . Wednesday, February 8, 1995
RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3499 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND ADRIAN MCILWAIN, A SENIOR AT IRMO HIGH SCHOOL, FOR HIS RECENT COURAGEOUS ACTIONS IN PREVENTING AN ACCIDENT AND SAVING OTHERS FROM INJURY OR DEATH ON ST. ANDREWS ROAD.

H. 3519 -- Reps. Carnell, McAbee, Klauber and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1994 NCAA DIVISION II NATIONAL CHAMPIONSHIP, AS WELL AS THE NATIONAL DOUBLES TITLE.

H. 3521 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE HONORABLE LILLIAN BROCK FLEMMING OF GREENVILLE COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE TO THE GREENVILLE COUNTY SCHOOLS, THE CITY OF GREENVILLE, AND THE WHOLE COMMUNITY.

ADJOURNMENT

At 5:35 P.M. the House in accordance with the motion of Rep. J. YOUNG adjourned in memory of John B. "Red" Baker of Sumter, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 825 . . . . . Thursday, February 9, 1995
Thursday, February 9, 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:

O God, in Whom we trust and by Whose care we have brought to this hour, bless the Members of this House of Representatives, its clerks, attaches, pages and all others connected with its important work. Give them good health to do their tasks, prudent judgement for the decisions to be made, wisdom beyond their own, and clear understanding for the opportunities at hand. Teach us to love fair play, honest dealings, straight talk, and a greater trust in God.

Reveal Your presence to us all, and grant us Your peace. 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. CAIN moved that when the House adjourns, it adjourn in memory of Howard Pettit of Walhalla, which was agreed to.

INVITATION

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

February 7, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Department of Archives and History extends an invitation to you, your colleagues and staff in the House of

Printed Page 826 . . . . . Thursday, February 9, 1995
Representatives, Members of the Senate and their staff to join us for coffee and refreshments during our 1995 Legislative Day.

The reception is scheduled for Wednesday, February 22, 8:30 A.M. until 10:00 A.M. in Room 208 of the Blatt Building. Refreshments will be provided, courtesy of the South Carolina Archives and History Foundation.

We will have some historic "gems" from the archives' collection for our guests to look at, as well as updates on our progress toward the new South Carolina History Center.

We hope you will add our event to the House Calendar, and plan to join us for an informal morning to hear about plans for the future of the Department of Archives and History.

Sincerely,
George Vogt
Director

REPORT OF STANDING COMMITTEE

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

H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.

Ordered for consideration tomorrow.

ROLL CALL

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

Anderson         Askins           Bailey
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, J.
Brown, T.        Byrd             Cain
Carnell          Cato             Cave

Printed Page 827 . . . . . Thursday, February 9, 1995
Chamblee         Clyburn          Cooper
Cromer           Dantzler         Davenport
Easterday        Elliott          Fair
Felder           Fleming          Fulmer
Gamble           Govan            Hallman
Harris, J.       Harrison         Haskins
Herdklotz        Hines            Howard
Huff             Inabinett        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Lloyd            Marchbanks
Martin           Mason            McAbee
McCraw           McElveen         McKay
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Rice
Richardson       Riser            Robinson
Sandifer         Seithel          Sharpe
Sheheen          Simrill          Smith, D.
Smith, R.        Stille           Stoddard
Stuart           Trotter          Tucker
Vaughn           Waldrop          Whatley
Whipper, L.      Whipper, S.      Wilder
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 9. 

Molly M. Spearman        Michael F. Jaskwhich
Patrick B. Harris        F.G. Delleney, Jr.
Juanita M. White         Carole C. Wells
Paula H. Thomas          Heyward G. Hutson
Merita A. Allison        William F. Cotty
Lanny F. Littlejohn      Henry E. Brown, Jr.
B. Hicks Harwell         Gilda Cobb-Hunter
Ronald P. Townsend       Robert E. Walker
Timothy F. Rogers        Robert W. Harrell, Jr.

Printed Page 828 . . . . . Thursday, February 9, 1995
June S. Shissias         Ralph W. Canty
C. Alex Harvin, III      Dan L. Tripp
Richard M. Quinn, Jr.

Total Present--122

RECORD FOR JOURNAL

I was delayed due to a subcommittee meeting.

Rep. CAROLE C. WELLS

LEAVE OF THE HOUSE GRANTED

The SPEAKER granted Reps. BEATTY, THOMAS and DELLENEY a leave of the House due to the Joint Judicial Screening Committee hearings.

PRESENTATION

Rep. MARCHBANKS, on behalf of the Pickens County Delegation, presented to the House Dr. Constantine W. Curris, President Designate of Clemson University, and his wife.

SENT TO THE SENATE

The following Bill and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 3505 -- Education and Public Works Committee: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

H. 3506 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS

Printed Page 829 . . . . . Thursday, February 9, 1995
REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3510 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, PROVISIONS FOR GRANTING HIGH SCHOOL CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3509--RECORD FOR JOURNAL

Please record in the Journal my opposition to H. 3509. My opposition is based in part on my desire to be consistent in my opposition to the State

Printed Page 830 . . . . . Thursday, February 9, 1995
Department of Education's attempt to shift the testing of our children from objective standards to subject measures.

Rep. MICHAEL L. FAIR

| Printed Page 810, Feb. 8 | Printed Page 830, Feb. 9 |
Page Finder Index