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 850, Feb. 9 | Printed Page 870, Feb. 14 |

Printed Page 860 . . . . . Thursday, February 9, 1995

POINT OF ORDER

Rep. ROGERS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3190--POINT OF ORDER

The following Bill was taken up.

H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.

POINT OF ORDER

Rep. ROGERS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

S. 442 -- Senators Rose and Mescher: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.


Printed Page 861 . . . . . Thursday, February 9, 1995

S. 45 -- Senator Greg Smith: A BILL TO AMEND SECTION 54-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY PROVIDING THAT BEGINNING FEBRUARY 1, 1995, AT THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE GEORGETOWN PILOTAGE COMMISSION, THE TERMS OF THE COMMISSIONERS ELECTED INITIALLY THEREAFTER SHALL BE STAGGERED, TWO SHALL SERVE FOR THREE YEARS, TWO SHALL SERVE FOR TWO YEARS, AND TWO SHALL SERVE FOR ONE YEAR. PROVIDED, HOWEVER, THAT AT THE EXPIRATION OF THESE TERMS, COMMISSIONERS SHALL BE ELECTED TO TWO-YEAR TERMS.

H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.

S. 442--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. H. BROWN, with unanimous consent, it was ordered that S. 442 be read the third time tomorrow.

S. 45--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. H. BROWN, with unanimous consent, it was ordered that S. 45 be read the third time tomorrow.

H. 3528--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. D. SMITH, with unanimous consent, it was ordered that H. 3528 be read the third time tomorrow.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3522 -- Reps. Wells, Allison, Beatty, Lanford, Walker, Wilder, Vaughn, Davenport, Littlejohn and D. Smith: A CONCURRENT RESOLUTION COMMENDING DR. G. B. HODGE OF


Printed Page 862 . . . . . Thursday, February 9, 1995

SPARTANBURG COUNTY FOR HIS MANY YEARS OF DEDICATED AND OUTSTANDING SERVICE AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION AND HIS EXEMPLARY SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA SPARTANBURG.

H. 3525 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING OVERBROOK CHILD DEVELOPMENT CENTER OF GREENVILLE ON WINNING THE "PALMETTO'S FINEST AWARD", AND COMMENDING THIS EXCELLENT FACILITY FOR ITS OUTSTANDING WORK.

H. 3539 -- Rep. Allison: A CONCURRENT RESOLUTION RECOGNIZING THE ONE HUNDREDTH YEAR OF WOMEN IN LEGISLATURES AND THE MANY CONTRIBUTIONS WOMEN SERVING, OR FORMERLY SERVING, IN VARIOUS CAPACITIES IN THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, HAVE MADE TO OUR LEGISLATIVE PROCESS.

H. 3540 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND ULYSSES DURHAM ON HIS TWENTY-FIFTH ANNIVERSARY AS PASTOR OF NEW HOPE BAPTIST CHURCH IN LIBERTY.

H. 3541 -- Rep. Davenport: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND MICHAEL S. HAMLET, OF SPARTANBURG COUNTY, FOR HIS OUTSTANDING MINISTRY DURING TEN YEARS OF SERVICE AT THE FIRST BAPTIST CHURCH IN NORTH SPARTANBURG.

ADJOURNMENT

At 11:30 A.M. the House in accordance with the motion of Rep. CAIN adjourned in memory of Howard Pettit of Walhalla, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 863 . . . . . Friday, February 10, 1995

Friday, February 10, 1995

(Local 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:

Eternal God, our Father, we thank You that we are creatures of Your hand, sustained by Your power, redeemed by Your love and guided by Your wisdom. Give us the will to do what we ought to do. Spare us from accepting too easy answers for the challenges that confront us. Save us from yielding to the temptation to accept second best when the best can be ours. May we strive first for that which is first, second for that which is second, and last for that which is last. Cause us to avoid the treacherous road of deceit, hypocrisy and pretense.

At all times may we hear the words of confidence: "The eternal God is your Refuge, and underneath are the everlasting arms." (Deuteronomy 33:27) Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

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

H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.

H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody-Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.


Printed Page 864 . . . . . Friday, February 10, 1995

H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.

H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.

H. 3528 -- Reps. Wells, Allison, Littlejohn, Lanford, Beatty, Wilder, Walker, Vaughn, Davenport and D. Smith: A BILL TO AMEND ACT 36 OF 1967, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, SO AS TO PROVIDE FOR ONE ADDITIONAL MEMBER OF THE COMMISSION FROM GREENVILLE COUNTY, AND ONE ADDITIONAL MEMBER FROM CHEROKEE COUNTY AND TO PROVIDE FOR THE MANNER IN WHICH THESE MEMBERS SHALL BE APPOINTED.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of


Printed Page 865 . . . . . Friday, February 10, 1995

each be changed to that of an Act, and that they be enrolled for ratification.

S. 442 -- Senators Rose and Mescher: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.

S. 45 -- Senator Greg Smith: A BILL TO AMEND SECTION 54-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY PROVIDING THAT BEGINNING FEBRUARY 1, 1995, AT THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE GEORGETOWN PILOTAGE COMMISSION, THE TERMS OF THE COMMISSIONERS ELECTED INITIALLY THEREAFTER SHALL BE STAGGERED, TWO SHALL SERVE FOR THREE YEARS, TWO SHALL SERVE FOR TWO YEARS, AND TWO SHALL SERVE FOR ONE YEAR. PROVIDED, HOWEVER, THAT AT THE EXPIRATION OF THESE TERMS, COMMISSIONERS SHALL BE ELECTED TO TWO-YEAR TERMS.

ADJOURNMENT

At 10:30 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, February 14.

* * *


Printed Page 866 . . . . . Tuesday, February 14, 1995

Tuesday, February 14, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Look down, O Lord of mercy and understanding, upon Your children who are in special need of Your blessings: be the Great Physician to those who are sick, the sure Hope of those who are discouraged, the Comforter of those in sorrow, the Father of the orphans, the Friend to the friendless, and indeed the God of us all. And experiencing Your blessings that inevitably come to us all in keeping with Your unmistakable knowledge of the needs of each of us, may we in return, as stewards of Your Divine care and compassion, faithfully render to You our unending praise and thanks.

Grant us Your peace, Heavenly Father: that peace which the world can neither give or take away. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. MARCHBANKS moved that when the House adjourns, it adjourn in memory of Kyle James of Clemson, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 9, 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. 381:
S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY


Printed Page 867 . . . . . Tuesday, February 14, 1995

SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORT OF STANDING COMMITTEE

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

Invitation of The S.C. Dept. of Archives and History for a reception, February 22, 1995, 8:30 A.M. - 10:00 A.M. in 208 Blatt Building.

The invitation was accepted.

INVITATIONS

The following were 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:

We would like to invite the members of the House to a breakfast meeting with Dr. Ralph Reed, Jr., Executive Director of Christian Coalition.

DATE: Wednesday, March 1, 1995

TIME: 8:00 - 9:00 A.M.

PLACE: Blatt Building, Room 208

Would you please put it on their Calendar? Colette has already penciled us in for that date, and very kindly said she would distribute invitations for us. I will get those to her in the next day or two.

If you have any questions, please call me, or Karen Thompson at 863-8426. Thank you very much.

Sincerely,
Roberta Combs


Printed Page 868 . . . . . Tuesday, February 14, 1995

June 14, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

I am writing to request that the South Carolina Chapter of the National Association of Social Workers' Annual Legislative Reception be placed on the House of Representatives Calendar. The reception is scheduled for Wednesday, March 1, 1995, from 6:30 - 8:30 P.M. at the Adam's Mark Hotel located at the corner of Main and Hampton Streets.

We are looking forward to hearing from you.

Sincerely,
Marvin M. Bryant
Symposium Chair

November 15, 1994
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 Federation of Older Americans, I would like to invite the members of the House of Representatives to the 1995 Seniors' Legislative Day Luncheon which will be held on Tuesday, March 7, 1995. The luncheon will begin at 12:45 P.M. at the Adam's Mark Hotel, which is at the corner of Main and Hampton Streets. It should end at 2:15 P.M.

Currently there are 540,000 senior citizens for which we advocate for in South Carolina. Each year, we appreciate the opportunity to meet with each of you so that we can recognize and pay tribute to you for your help and dedication towards senior citizen issues.


Printed Page 869 . . . . . Tuesday, February 14, 1995

I hope that you will be able to take part in this activity on this very special day.

With warmest regards, I am,

Sincerely yours,
Dr. James I. Califf
President

December 8, 1994
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Optometric Association wishes to host a Legislative Appreciation Reception March 7, 1995, at the Embassy Suites hotel in Columbia, S.C. Beginning at 6:30 P.M. and ending at 9:00 P.M., the reception will feature food, beverages and live entertainment for the members of the South Carolina General Assembly and other Officers of State Government.

Should there be a conflict with this date, do not hesitate to contact me at the SCOA office, 799-6721. If not, I hope to see you in March!

Sincerely,
Claire L. Haltiwanger
Executive Director

January 30, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The Roundtable cordially invites you to its Annual Legislative Breakfast on Wednesday, March 8, from 8:00 - 9:00 A.M. It will be held in the Solomon Blatt Building, Room 208. As you know, the main interest of the Roundtable is childrens' issues and we look forward to the opportunity of talking to you about this. We also request that you, as Chairman of the Invitations Committee, put this on the Legislative Calendar so other


Printed Page 870 . . . . . Tuesday, February 14, 1995

legislators will be aware of it. Individual invitations will be sent to all of you later in February.


| Printed Page 850, Feb. 9 | Printed Page 870, Feb. 14 |

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