Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 1440, Mar. 19 | Printed Page 1460, Mar. 20 |

Printed Page 1450 . . . . . Tuesday, March 19, 1996

HOUSE RESOLUTION

On motion of Rep. LLOYD, with unanimous consent, the following was taken up for immediate consideration:

H. 4773 -- Reps. Lloyd, Inabinett, McTeer, Rhoad, Easterday, Stoddard, Neal, Herdklotz, Scott, Breeland, Sharpe, Howard, Moody-Lawrence, Byrd, Mason, Bailey, Limehouse and Cave: A HOUSE RESOLUTION CONGRATULATING THE WALTERBORO HIGH SCHOOL BAND ON WINNING THE SOUTH CAROLINA AAAA STATE MARCHING BAND CHAMPIONSHIP AND EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A REPRESENTATIVE GROUP FROM THE WALTERBORO HIGH SCHOOL BAND AND THE COLLETON COUNTY SCHOOL DISTRICT ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND BEING PRESENTED A COPY OF THIS RESOLUTION.

Whereas, the Walterboro High School Band of Colleton County won the 1995 South Carolina AAAA Marching Championship; and

Whereas, the Walterboro High School Band won the 1995 Lower State Marching Championship; and

Whereas, the Walterboro High School Band under the direction of Bill Young (program director for the past twenty-three years) has previously won the Lower State Championships in 1989, 1990, 1991, 1992, 1993, 1994, and 1995; and

Whereas, the Walterboro High School Band has previously won the AAAA State Championships in 1982, 1986, 1989, 1990, 1991, 1992, and 1993; and

Whereas, the Walterboro High School Band represented South Carolina and the Southeast in the 1994 Tournament of Roses Parade in Pasadena, California; and

Whereas, the band performed for President Carter's Inaugural in 1977, for Governor Riley's Inaugural in 1993, for Governor Campbell's Inaugural in 1987 and 1991, and Governor Beasley's Inaugural in 1994; and

Whereas, the directors, parents, band boosters, school administration, and school district of Colleton County have provided the instruction, support, and encouragement necessary to achieve this highest level of consistent achievement; and


Printed Page 1451 . . . . . Tuesday, March 19, 1996

Whereas, this is an outstanding and highly deserving group of young musicians who are outstanding representatives of Colleton County and the State of South Carolina; and

Whereas, all the citizens of South Carolina are extremely proud of their accomplishments and their selection as the 1995 South Carolina AAAA Marching Band Champions. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives, by this resolution, hereby congratulates the Walterboro High School Band of Colleton County on its selection as the 1995 South Carolina AAAA State Champions.

Be it further resolved that pursuant to Rule 10.1 the privilege of the floor of the House of Representatives is extended to a representative group from the Walterboro High School Band of Blue and the Colleton County School District for the purpose of being recognized and presented with a copy of this resolution at a date and time to be determined by the Speaker.

The Resolution was adopted.

ROLL CALL

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

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, H.            Brown, J.
Brown, T.            Byrd                 Cain
Canty                Carnell              Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Cromer               Dantzler             Davenport
Delleney             Easterday            Felder
Fleming              Fulmer               Gamble
Govan                Hallman              Harrell
Harris, J.           Harris, P.           Harrison
Haskins              Herdklotz            Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jaskwhich
Keegan               Kelley               Kennedy
Kinon                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis

Printed Page 1452 . . . . . Tuesday, March 19, 1996

Marchbanks           Mason                McAbee
McCraw               McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Sandifer
Scott                Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Townsend             Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Whipper, L.          White                Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, March 19. Larry L. Elliott Grady A. Brown William D. Keyserling C. Alex Harvin III Timothy F. Rogers Douglas Jennings, Jr. Jackson S. Whipper

Total Present--118

STATEMENT RE ATTENDANCE

Reps. MARTIN, THOMAS and KIRSH signed a statement with the Clerk that they were not present during the Session but arrived in time to attend the Committee meetings on Tuesday, March 19.

DOCTOR OF THE DAY

Announcement was made that Dr. Don Gregg of Greenville is the Doctor of the Day for the General Assembly.

POINT OF PERSONAL PRIVILEGE

Rep. FELDER arose to a Point of Personal Privilege.


Printed Page 1453 . . . . . Tuesday, March 19, 1996

H. 4754--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4754 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD AND DELETE A PROVISION CONCERNING THE ANNEXATION OF AREA TO THE CITY OF ANDERSON.

Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10699SD.96), which was adopted.

Amend the bill, as and if amended, Section 7-7-80 of the 1976 Code, as contained in SECTION 1 by striking /Green Pond/ on line 31 of page 1 and inserting /Green Pond Station A, Green Pond Station B/ and by striking /Homeland Park/ on line 32 of page 1 and inserting /Homeland Park Station A, Homeland Park Station B/.

Amend further by striking SECTION 2 in its entirety and inserting:

/SECTION 2. This act takes effect September 1, 1996./

Amend title to conform.

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

H. 4396--DEBATE ADJOURNED

The following Bill was taken up.

H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.


Printed Page 1454 . . . . . Tuesday, March 19, 1996

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\8079AC.96).

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 38-71-135. All individual and group health insurance and health maintenance organization policies providing coverage for the hospitalization of a mother and her newborn child or children, if medically necessary, at the discretion of the attending physician, shall provide for the mother and her newborn child or children to remain in the hospital for a period not to exceed the second postpartum day after the vaginal delivery, not including the day of delivery, and the third postoperative day following a Caesarian Section, not including the day of surgery. Nothing in this section may be construed to prohibit the attending physician from requesting additional time or releasing the mother or her newborn child or children before the expiration time provided in this section."

SECTION 2. This act takes effect upon approval by the Governor./

-----XX-----

Amend title to conform.

Rep. NEILSON explained the amendment.

Rep. SHEHEEN moved to adjourn debate upon the Bill until Wednesday, March 20, which was adopted.

H. 4585--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4585 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-275 SO AS TO PROVIDE THAT NO INSURANCE POLICY WHICH PROVIDES COVERAGE FOR DRUGS SHALL EXCLUDE COVERAGE OF CERTAIN DRUGS USED FOR THE TREATMENT OF CANCER ON THE GROUNDS THAT THE DRUG HAS NOT BEEN APPROVED BY THE FEDERAL FOOD AND DRUG ADMINISTRATION FOR THE SPECIFIC TYPE OF CANCER FOR WHICH THE DRUG HAS BEEN PRESCRIBED, AND TO PROVIDE FOR RELATED MATTERS.


Printed Page 1455 . . . . . Tuesday, March 19, 1996

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10623JM.96), which was adopted.

Amend the bill, as and if amended, by striking Section 38-71-275(C)(3), page 2, and inserting:

/(3) `Medical literature' means two articles from major peer-reviewed professional medical journals that have recognized, based on scientific or medical criteria, the drug's safety and effectiveness for treatment of the indication for which it has been prescribed unless one article from major peer-reviewed professional medical journals has concluded, based on scientific or medical criteria, that the drug is unsafe or ineffective or that the drug's safety and effectiveness cannot be determined for the treatment of the indication for which it has been prescribed./

Amend title to conform.

Rep. NEILSON explained the amendment.

The amendment was then adopted.

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

S. 507--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 507 -- Senator Wilson: A BILL TO AMEND SECTION 40-17-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION OF A PRIVATE DETECTIVE BUSINESS, SO AS TO REVISE THE QUALIFICATIONS AN APPLICANT WHO DESIRES TO OPERATE A PRIVATE DETECTIVE BUSINESS MUST POSSESS, AND TO ESTABLISH THE QUALIFICATIONS A PRIVATE DETECTIVE EMPLOYED BY A PRIVATE DETECTIVE BUSINESS MUST POSSESS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2305CM.96), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . Section 16-23-20(1) of the 1976 Code, as last amended by Section 3, Act 85 of 1995, is further amended to read:


Printed Page 1456 . . . . . Tuesday, March 19, 1996

"(1) Regular, salaried law enforcement officers and reserve police officers of a municipality or county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, and deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources, and retired commissioned law enforcement officers employed as private detectives or private investigators."/

Renumber sections to conform.

Amend title to conform.

Rep. YOUNG-BRICKELL explained the amendment.

The amendment was then adopted.

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

H. 4660--DEBATE ADJOURNED

The following Bill was taken up.

H. 4660 -- Reps. Rhoad, Anderson, Breeland, Fleming, Loftis, Seithel, Knotts, Stoddard, Sandifer, Wright, Quinn, Bailey, Cato, Sharpe, J. Hines, Spearman, Herdklotz, Townsend, McCraw, J. Brown, Neilson, Harrison, Baxley, Harvin, McMahand, H. Brown, Byrd, Davenport, Lloyd, M. Hines, Kinon, Limehouse, Waldrop, L. Whipper, Cobb-Hunter, Phillips, Felder and Cain: A BILL TO AMEND SECTION 38-7-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURANCE PREMIUM TAX EXEMPTIONS ALLOWED INSURANCE COMPANIES THAT INSURE ONLY CHURCHES, SO AS TO EXTEND THE EXEMPTION TO WORKERS' COMPENSATION INSURANCE PREMIUMS AND TO CLARIFY A REFERENCE.

Rep. LAW explained the Bill.

Rep. CATO moved to adjourn debate upon the Bill until Wednesday, March 20, which was adopted.

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


Printed Page 1457 . . . . . Tuesday, March 19, 1996

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4758 -- Rep. Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE PANTHERS OF PINEWOOD PREPARATORY SCHOOL ON WINNING THE SCISAA CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 1996.

H. 4767 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING THE BULLDOGS OF HOLLY HILL-ROBERTS HIGH SCHOOL ON WINNING THE 1996 CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL.

H. 4768 -- Rep. Gamble: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF FRANKLIN J. KELLY OF WEST COLUMBIA, WHO WAS TRAGICALLY KILLED AT HIS BARBER SHOP ON ASSEMBLY STREET IN COLUMBIA EARLY THURSDAY MORNING ON MARCH 14, 1996, IN A SENSELESS ACT OF PREMEDITATED VIOLENCE.

H. 4769 -- Rep. Gamble: A CONCURRENT RESOLUTION CONGRATULATING BROOKLAND-CAYCE HIGH SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO ON BEING NAMED A WINNER IN REDBOOK MAGAZINE'S "AMERICA'S BEST SCHOOLS" PROJECT.

H. 4770 -- Reps. Klauber, Carnell, McAbee and Stille: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MARION H. DAVIS, SR., OF GREENWOOD, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. WHITE adjourned in memory of Ruby Jones of Columbia, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 1458 . . . . . Wednesday, March 20, 1996

Wednesday, March 20, 1996

(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:

Eternal Father, we thank You for these daily moments of prayer when the veil is lifted and the barriers let down as we especially feel Your nearness. And we thank You as well for the hours of daily duties that lie ahead. May the time of prayer and the time of work be woven into an indistinguishable fabric. And as the welfare of many rests upon the shoulders of the few here, make all who serve here equal to their privileges. Keep us aware that beyond the appraisals of men every thought, word and deed falls under the searching eye of Almighty God.

So may we hear and heed Your Word: "Only fear the Lord and serve Him in truth with all your heart; consider what great things He has done for you." (I Samuel 12:24) 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. WILDER moved that when the House adjourns, it adjourn in memory of Beatrice A. Ferguson Hayes of Clinton, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 19, 1996

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators J. Verne Smith, Fair and Boan of the Committee of Conference on the part of the Senate on H. 4471:

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD


Printed Page 1459 . . . . . Wednesday, March 20, 1996

AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.
Very respectfully,
President

Received as information.

INVITATIONS

On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.

March 15, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

In January, the South Carolina Association of Municipal Power Systems extended an invitation to members of the South Carolina House of Representatives to attend a reception on Wednesday evening, April 17, 1996. The location listed in the January letter is the Sterling Garden Center. Due to an anticipated growth in numbers, the event has been moved to the Swine Barn on the State Fairgrounds. We look forward to seeing House members there in 1996. (6:00 P.M. - 8:00 P.M.)

Thanks for your help. If you have any questions, please call Betsy McDonald at the Municipal Association of South Carolina (799-9574 ext. 1205).

Best wishes.

Sincerely,
Bob Calhoun
Greenwood CPW, President


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