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

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| Printed Page 1880, Mar. 28 | Printed Page 1900, Apr. 2 |

Printed Page 1890 . . . . . Tuesday, April 2, 1996

Tuesday, April 2, 1996

(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:

Our Father God, in Whose presence our restless spirits are quieted, help us in these opening moments of a new week's agenda to draw near to You in faith, tranquility and sincerity. Lift us up, take our minds, lead us, strengthen us, and endow us with understanding, goodness and compassion. Make us ready for the discipline and self control demanded in the offices in which we serve. With Your hand of benediction resting upon us, may we face the tasks before us with honest dealings, clear thinking and constructive action, striving ever to set forward Your will on earth.

Blessed be the Lord forever and ever. 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. RICE moved that when the House adjourns, it adjourn in memory of Michael Bennett Moyd of Greenville, which was agreed to.

R. 278, H. 3589--GOVERNOR'S VETO RECEIVED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 1, 1996
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3589, R. 278, an Act:

TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND


Printed Page 1891 . . . . . Tuesday, April 2, 1996

PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.

I am vetoing this legislation because the date by which the Department of Public Safety is required to issue a report to the House Education and Public Works Committee and the Senate Transportation Committee has already passed.

For the above reason, I am returning H. 3589, R. 278, without my approval.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

R. 294, H. 4721--GOVERNOR'S VETO RECEIVED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 1, 1996
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4721, R. 294, an Act:

TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.

This veto is based upon my belief that H. 4721, R. 294, of 1996, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning H. 4721, R. 294, without my approval.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.


Printed Page 1892 . . . . . Tuesday, April 2, 1996

R. 295, H. 4747--GOVERNOR'S VETO RECEIVED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 1, 1996
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4747, R. 295, an Act:

TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO REQUIRE ALL MEMBERS OF THE BOARD OF FIRE CONTROL OF THE DISTRICT TO BE ELECTED IN A NONPARTISAN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE FOR THE STAGGERING OF TERMS, AND THE MANNER OF ELECTION, AND DELETE THE PROVISION REQUIRING A TWENTY PERCENT PETITION OF THE QUALIFIED ELECTORS OF THE DISTRICT TO INITIATE AN ELECTION OF THE MEMBERS OF THE BOARD.

This veto is based upon my belief that H. 4747, R. 295 of 1996, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution provides that "[n]o laws for a specific county shall be enacted."

For the above reason, I am returning H. 4747, R. 295, without my approval.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

CONCURRENT RESOLUTION

The following was introduced:

H. 4857 -- Reps. Tucker and Chamblee: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THOMAS UDELL BURGESS AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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


Printed Page 1893 . . . . . Tuesday, April 2, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4858 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MRS. SUE BROWN TUCKER AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

INTRODUCTION OF BILLS

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

H. 4859 -- Rep. Wilkins: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.

Referred to Committee on Judiciary.

H. 4860 -- Rep. Kennedy: A BILL TO AMEND SECTION 12-37-2740, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION FOR NONPAYMENT OF MOTOR VEHICLE PROPERTY TAXES, SO AS TO DELETE THE CIRCUMSTANCES IN WHICH A DRIVER'S LICENSE MUST BE SUSPENDED AND TO REVISE THE CIRCUMSTANCES IN WHICH A MOTOR VEHICLE REGISTRATION IS SUSPENDED.

Referred to Committee on Judiciary.

H. 4861 -- Rep. Boan: A BILL TO AMEND CHAPTER 57, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF REAL ESTATE BROKERS, COUNSELORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, SO AS TO REVISE THE CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

Referred to Committee on Labor, Commerce and Industry.


Printed Page 1894 . . . . . Tuesday, April 2, 1996

H. 4864 -- Reps. Lanford and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO PROVIDE THAT NO INDIVIDUAL OTHERWISE ELIGIBLE FOR UNEMPLOYMENT BENEFITS SHALL BE DENIED THE BENEFITS WHEN HIS SPOUSE HAS BEEN TRANSFERRED TO A CERTAIN LOCATION, THE INDIVIDUAL ACTIVELY ATTEMPTS FOR A CERTAIN PERIOD TO SECURE EMPLOYMENT IN THE AREA IN WHICH HIS SPOUSE IS WORKING, AND THE INDIVIDUAL LEAVES WORK VOLUNTARILY.

Referred to Committee on Labor, Commerce and Industry.

H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.

Referred to Committee on Labor, Commerce and Industry.

S. 1162 -- Senator Martin: A BILL TO AMEND SECTION 56-3-2320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF DEALER LICENSE PLATES, SO AS TO PROVIDE THAT A DEALER LICENSE PLATE IS ALLOWED ON A MOTOR VEHICLE WHICH THE DEALER LENDS TO ECONOMIC DEVELOPMENT PERSONNEL PURSUANT TO AN AGREEMENT WITH THE COUNTY BY WHICH SUCH PERSONNEL IS EMPLOYED.

Referred to Committee on Education and Public Works.


Printed Page 1895 . . . . . Tuesday, April 2, 1996

S. 1295 -- Senators Wilson, Moore and Giese: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

CONCURRENT RESOLUTION

The following was introduced:

H. 4862 -- Reps. Scott, Breeland, Kennedy, M. Hines, Govan, Lloyd, Cave, Moody-Lawrence, Neal, Howard, Inabinett, Lee, L. Whipper, Anderson, Clyburn, S. Whipper, White, McMahand, J. Hines, Byrd, J. Brown and Williams: A CONCURRENT RESOLUTION TO COMMEND SCANA FOR ONE HUNDRED FIFTY YEARS OF DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ENCOURAGE THE COMPANY TO CONTINUE ON ITS PATH OF GREAT SUCCESS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4863 -- Reps. Stuart and Sharpe: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING THE GOVERNOR'S FROG JUMP FESTIVAL AT SPRINGFIELD IN ORANGEBURG COUNTY ON ITS THIRTIETH ANNIVERSARY.

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


Printed Page 1896 . . . . . Tuesday, April 2, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4866 -- Reps. J. Brown and Littlejohn: A CONCURRENT RESOLUTION COMMENDING AND THANKING J. D. WILLIAMS OF COLUMBIA FOR HIS OUTSTANDING AND DEDICATED SERVICE TO THE GENERAL ASSEMBLY.

Whereas, J. D. Williams was born in Fairfield County; he entered the United States Army in 1944 and received an honorable discharge in 1946; he is married to Mary Ford Williams, who retired from Richland School District One with thirty years of service; and they have three sons and two daughters and seven grandchildren; and

Whereas, Mr. Williams was one of the first African Americans hired as a firefighter in Columbia and he retired from the City of Columbia Fire Department in 1981; and

Whereas, he attended Benedict College and is a member of Second Calvary Baptist Church; he is active with the church bowling league and the Benedict College Alumni Association; and

Whereas, he began working as a porter for the House of Representatives in November of 1985 and for the past eleven years has rendered exemplary service to the General Assembly in that capacity; and

Whereas, we have come to know and admire J. D. Williams as an outstanding employee and a good friend; he has always shown the utmost courtesy to all who have served in the General Assembly during his years of service, as well as to all others who have worked in or visited the State House; he is retiring at the end of the 1996 session and his service will be greatly missed; and

Whereas, we want J. D. to know that he has our respect, admiration, and friendship and that we appreciate all that he has done during the past eleven years. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank J. D. Williams of Columbia for his outstanding and dedicated service to the General Assembly.

Be it further resolved that a copy of this resolution be forwarded to Mr. J. D. Williams.

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


Printed Page 1897 . . . . . Tuesday, April 2, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4867 -- Reps. Breeland, Seithel, Hallman, Whatley, L. Whipper, Harrell, Fulmer, S. Whipper and Limehouse: A CONCURRENT RESOLUTION RECOGNIZING COMMUNITY PRIDE OF CHARLESTON COUNTY, INC., AND COMMENDING THIS ORGANIZATION AND CLEMSON UNIVERSITY COOPERATIVE EXTENSION SERVICE FOR THEIR OUTSTANDING EFFORTS TO INSTILL PRIDE IN LOCAL CITIZENS FOR A CLEAN AND HEALTHY ENVIRONMENT.

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

ROLL CALL

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

Allison              Anderson             Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, H.            Brown, J.
Byrd                 Cain                 Carnell
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cotty                Cromer               Dantzler
Delleney             Easterday            Felder
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harris, P.           Harrison             Harvin
Herdklotz            Hines, J.            Howard
Hutson               Inabinett            Jaskwhich
Jennings             Keegan               Kelley
Kennedy              Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               Marchbanks
McAbee               McCraw               McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neal                 Neilson
Phillips             Rhoad                Rice
Richardson           Riser                Robinson

Printed Page 1898 . . . . . Tuesday, April 2, 1996

Rogers               Sandifer             Scott
Seithel              Sharpe               Sheheen
Shissias             Simrill              Smith, D.
Smith, R.            Spearman             Stille
Stuart               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          Whipper, S.
White                Wilder               Wilkes
Wilkins              Williams             Witherspoon
Wofford              Worley               Wright
Young-Brickell       
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, April 2. Richard M. Quinn, Jr. Jerry N. Govan, Jr. Eugene C. Stoddard Harry R. Askins W. Jeffrey Young Paula H. Thomas Theodore A. Brown

Total Present--113

STATEMENT RE ATTENDANCE

Rep. KEYSERLING signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 2.

LEAVES OF ABSENCE

The SPEAKER granted Rep. HODGES a leave of absence for the day due to illness in the family.

The SPEAKER granted Rep. M. HINES a leave of absence for the day.

The SPEAKER granted Rep. MASON a leave of absence the day due to a death in the family.

The SPEAKER granted Rep. DAVENPORT a leave of absence for today and tomorrow.


Printed Page 1899 . . . . . Tuesday, April 2, 1996

The SPEAKER granted Rep. HASKINS a leave of absence for the day due to a Doctors appointment.

SPECIAL PRESENTATION

Rep. LLOYD, on behalf of the Colleton Delegation, presented to the House the Walterboro High School Band of Blue, winners of the 1995 Class AAAA State Championship, their directors and other school officials.

ORDERED TO THIRD READING

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

H. 4850 -- Reps. Loftis and Anderson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 12, 1996, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.

H. 4853 -- Rep. Wilkes: A BILL TO AMEND ACT 191 OF 1991, RELATING TO THE GOVERNANCE OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BOARD MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO DELETE OBSOLETE PROVISIONS, AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS REPRESENTING DISTRICTS 2, 4, AND 6 ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.


| Printed Page 1880, Mar. 28 | Printed Page 1900, Apr. 2 |

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