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 880, Feb. 14 | Printed Page 900, Feb. 15 |
Printed Page 890 . . . . . Tuesday, February 14, 1995
H. 3026--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 9, by the Committee on Judiciary.

Rep. CROMER explained the amendment.

The amendment was then adopted.

Rep. McELVEEN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\21409AC.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 1-3-245. (A) A member of a state board or commission who has three consecutive unexcused absences from regularly scheduled meetings held by the particular board or commission is considered removed from the board or commission and a vacancy is created. The chair of the board or commission immediately shall notify the Governor or appropriate appointment authority of the member's three consecutive unexcused absences and of the resulting vacancy. An unexcused absence is an absence for which there is no reasonable excuse. What constitutes an unexcused absence must be defined by the Governor or appropriate appointing authority.

(B) This section does not apply to an ex officio member of a state board or commission or to a designee of an ex officio member."

Printed Page 891 . . . . . Tuesday, February 14, 1995
SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3037--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, February 15, which was adopted.

H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.

H. 3338--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE

Printed Page 892 . . . . . Tuesday, February 14, 1995
TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

Rep. CROMER explained the Bill.

Rep. ANDERSON moved to adjourn debate upon the Bill until Thursday, February 16.

Rep. JENNINGS moved to table the motion, which was agreed to.

Rep. CROMER explained the Bill.

The Bill was read the second time and ordered to third reading.

H. 3189--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3189 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF

Printed Page 893 . . . . . Tuesday, February 14, 1995
SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7143AC.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 43-21-180 of the 1976 Code, as last amended by Section 1029, Act 181 of 1993, is further amended to read:

"Section 43-21-180. (A) Until the assets of Funds deposited in the trust fund exceed five million dollars, not more than seventy-five percent of the amount deposited in the trust fund each year from contributions plus and all earnings from the investment of monies of the trust fund credited during the previous fiscal year these funds, after allowances for operating expenses, is are available for disbursement upon authorization of the division. However, in any year in which more than two hundred thousand dollars is deposited in the trust fund, twenty-five percent of the amount over two hundred thousand dollars and earnings from the investment of these funds must be placed in a separate account. When the assets of this separate account exceed five million dollars, no further deposits are required to be made to the separate account and all future earnings from the investment of the monies in this separate account also are available for distribution upon authorization of the division."

(B) When the assets in the trust fund exceed five million dollars, all credited earnings plus all future annual deposits to the trust fund from contributions are available for disbursement upon authorization of the division.
 SECTION 2. Assets in the Eldercare Trust Fund, which have been held pursuant to Section 43-21-180 of the 1976 Code, before amendment by Section 1 of this act, must be released for disbursement pursuant to Section 43-21-180 of the 1976 Code, as amended by Section 1 of this act.

Printed Page 894 . . . . . Tuesday, February 14, 1995
SECTION 3. This act takes effect upon approval by the Governor./
-----XX-----

Amend title to conform.

Rep. CANTY explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3190--AMENDED AND ORDERED TO THIRD READING

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.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18154AC.95), which was adopted.

Amend the bill, as and if amended, by striking Sections 1 and 3 of the bill and inserting:

/SECTION 1. Section 43-21-10 of the 1976 Code, as last amended by Section 1016, Act 181 of 1993, is further amended to read:

"Section 43-21-10. There is created, in the Office of the Governor, the Division on Aging. The division must be supported by an Advisory Commission Council on Aging consisting of one member from each congressional district of the State, to be appointed by the Governor of the ten planning and service areas under the Division on Aging and five members from the State at large. The director of the division shall provide statewide notice that nominations may be submitted to the director from which the Governor shall appoint the members of the council, upon the advice and consent of the Senate and one member from the State at large to be appointed by the Governor. The members must be citizens of

Printed Page 895 . . . . . Tuesday, February 14, 1995
the State who have an interest in and a knowledge of the problems of the an aging population. In making appointments to the advisory commission council, consideration must be given to mature citizens who are currently providing leadership or are interested in programs for the elderly in the State and also to the diverse problems of aging assure that the council is composed of appointees who are diverse in age, who are able and disabled, and who are active leaders in organizations and institutions that represent different concerns of older citizens and their families. The chairman chair must be elected by the members of the advisory commission council from its appointive members for a term of two years and until his a successor is elected. Members of the commission council shall serve without compensation but shall receive such per diem, mileage, and subsistence authorized by law for members of boards, commissions, and committees. The advisory commission council shall meet at least once each quarter and special meetings may be called at the discretion of the director of the division. Rules and procedures must be adopted by the council for the governance of its operations and activities."

SECTION 3. Of the initial appointments to the Advisory Council on Aging, as provided for in Section 43-21-10 of the 1976 Code, the five appointees for the State at large shall serve a four-year term, the five appointees from the even-numbered planning and service areas under the Division on Aging shall serve a three-year term, and the five appointees from the odd-numbered planning and service areas under the Division on Aging shall serve a two-year term. After the initial appointments members of the council shall serve terms as provided for in Section 43-21-20 of the 1976 Code./

Renumber sections to conform.

Amend title to conform.

Rep. CANTY explained the amendment.

The amendment was then adopted.

Rep. CANTY explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3206--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT

Printed Page 896 . . . . . Tuesday, February 14, 1995
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.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18160AC.95), which was adopted.

Amend the joint resolution, as and if amended, page 1, by deleting lines 20-26 and inserting:

/Whereas, President Clinton and the Administration on Aging have called for a White House Conference on Aging to occur May 2-5, 1995, in Washington, D.C.; and

Whereas, the State of South Carolina and the Governor's Office Division on Aging are convening the Governor's Conference on Aging on March 2-3, 1995, in Myrtle Beach, South Carolina; and/.

Amend further by deleting Section 1 and inserting:

/SECTION 1. (A) The Division on Aging, Office of the Governor, shall provide information to members of the General Assembly on resource development activities and corporate efforts in the members' districts which are generating financial support for the Governor's Conference on Aging activities and scholarships for elderly delegates in need of financial assistance. Where possible, members shall encourage and promote the development of these activities and efforts.

(B) The Division on Aging, Office of the Governor, shall distribute information and recommendations generated from the White House Conference on Aging and from the Governor's Conference on Aging to members of the General Assembly for their use and consideration when developing future aging policy and legislation./

Renumber sections to conform.

Amend title to conform.

Rep. CANTY explained the amendment.

The amendment was then adopted.

The Joint Resolution, as amended, was read the second time and ordered to third reading.

Printed Page 897 . . . . . Tuesday, February 14, 1995
OBJECTION TO RECALL

Rep. KLAUBER asked unanimous consent to recall H. 3573 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. S. WHIPPER objected.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.

ADJOURNMENT

At 12:59 P.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of Kyle James of Clemson, to meet at 2:00 P.M. tomorrow.

* * *

Printed Page 898 . . . . . Wednesday, February 15, 1995
Wednesday, February 15, 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:

God of all wisdom, make of us channels through which Your will is done on earth as it is in Heaven. Help us to do our best at every opportunity. Cause us to use every hour of every day in such a way that You can hallow them with Your blessings and glorify them to Your honor. Give us that radiant joy which is the constant reward of those who are workers together with You. Endow us with good judgement and courage, meeting every one of life's tests with gallant-hearted devotion and dedication to the highest.

We pray to our God Who offers peace that passes all human understanding. 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. MEACHAM moved that when the House adjourns, it adjourn in memory of Uncle Henry Harrison of Fort Mill, which was agreed to.

REPORT OF STANDING COMMITTEE

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

H. 3498 -- Reps. Breeland, Cobb-Hunter, Kelley, Scott, White, R. Smith, Howard, Govan, Wilder, Simrill, Wells, Richardson, Hines, Stoddard, Clyburn, Allison, McMahand, Neilson, L. Whipper, Cave, Shissias, Limbaugh, McKay, Keegan, Byrd, Stille, Anderson, Cain, Trotter, Sandifer, Davenport, Kinon, Mason, Phillips, Klauber, Limehouse, Jaskwhich, Fair, Huff, Herdklotz, Hutson, Elliott, Lloyd, Whatley, Walker, J. Brown, Rhoad, Cotty, Tripp, Wright,

Printed Page 899 . . . . . Wednesday, February 15, 1995
Moody-Lawrence and S. Whipper: A CONCURRENT RESOLUTION DECLARING THE WEEK OF MARCH 24-31, 1996, AS "SOUTH CAROLINA GLAUCOMA AWARENESS WEEK".

H. 3498--ADOPTED AND SENT TO THE SENATE

On motion of Rep. BREELAND, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 3498 -- Reps. Breeland, Cobb-Hunter, Kelley, Scott, White, R. Smith, Howard, Govan, Wilder, Simrill, Wells, Richardson, Hines, Stoddard, Clyburn, Allison, McMahand, Neilson, L. Whipper, Cave, Shissias, Limbaugh, McKay, Keegan, Byrd, Stille, Anderson, Cain, Trotter, Sandifer, Davenport, Kinon, Mason, Phillips, Klauber, Limehouse, Jaskwhich, Fair, Huff, Herdklotz, Hutson, Elliott, Lloyd, Whatley, Walker, J. Brown, Rhoad, Cotty, Tripp, Wright, Moody-Lawrence and S. Whipper: A CONCURRENT RESOLUTION DECLARING THE WEEK OF MARCH 24-31, 1996, AS "SOUTH CAROLINA GLAUCOMA AWARENESS WEEK".

Whereas, glaucoma has a prevalence nationwide of one to two percent with five to six percent having elevated ocular pressure chronically or intermittently in people over the age of sixty; and

Whereas, in people above the age of eighty, the prevalence of glaucoma may be as high as fourteen percent; and

Whereas, South Carolina has several risk factors for an even higher prevalence than what has been noted nationwide; and

Whereas, the week of March 24-31, 1996, will be used to increase awareness of the citizens of the Palmetto State about glaucoma; the emphasis will be placed on the fact that glaucoma is a silent thief of sight, causing no symptoms until very late in the course of the disease when it is difficult to treat; and emphasis will also be placed during the week for all persons to have a normal eye exam. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, declares the week of March 24-31, 1996, as "South Carolina Glaucoma Awareness Week".

Be it further resolved that a copy of this resolution be forwarded to William C. Stewart, M.D., Associate Professor, Department of

Printed Page 900 . . . . . Wednesday, February 15, 1995
Ophthalmology, Medical University of South Carolina, 171 Ashley Avenue, Charleston 29425-2236.

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

| Printed Page 880, Feb. 14 | Printed Page 900, Feb. 15 |
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