South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, MARCH 13, 1996

Wednesday, March 13, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

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

Almighty God, as with renewed strength we undertake our challenges in this forum of public service, help us to be masters of ourselves that we may indeed serve others better. Give us a consuming passion, not to have our own way, but to find and do Your way. May no cherished resentment, no camouflaged selfishness, no engrained resentment ever obstruct our service to others. Enlarge our horizons to match the enormity of our challenges. And when the day is done may there be less for which we need forgiveness and more for which we are glad because we have given our very best.

Lord, in Your mercy, hear our prayer. 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. J. HINES moved that when the House adjourns, it adjourn in memory of Elijah W. Davis of Lamar, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

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.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4542 -- Reps. Klauber, Herdklotz, Simrill, McCraw, Richardson, Shissias, J. Young and Jaskwhich: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO INCLUDE MUNICIPAL, COUNTY, AND REGIONAL HOUSING AUTHORITIES WITHIN THE DEFINITION OF "CLAIMANT AGENCY".

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, Reps. TRIPP and LOFTIS, for the minority, submitted an unfavorable report, on:

H. 4050 -- Reps. Govan, Neal, Howard, Moody-Lawrence and Spearman: A BILL TO AMEND TITLE 44, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 23 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.

Ordered for consideration tomorrow.

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

S. 598 -- Senator Bryan: A BILL TO AMEND SECTION 40-15-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE STATE BOARD OF DENTISTRY UNDER CERTAIN CIRCUMSTANCES TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3194 -- Rep. Hodges: A BILL TO AMEND SECTION 7-15-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO DELETE THE DEFINITIONS "MEMBERS OF THE ARMED FORCES OF THE UNITED STATES", "MEMBERS OF THE MERCHANT MARINE OF THE UNITED STATES", "STUDENTS", AND "PHYSICALLY DISABLED PERSON"; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR VOTING BY ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS AND PROVIDE THAT A PERSON ONLY NEED FOLLOW THE PROVISIONS OF ARTICLE 5, CHAPTER 15, TITLE 7 TO QUALIFY TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO ADD A REQUIREMENT THAT MEMBERS OF THE ARMED FORCES AND MERCHANT MARINE OF THE UNITED STATES, THEIR SPOUSES AND DEPENDENTS RESIDING WITH THEM ARE PERMITTED TO USE STANDARD FORM 76 OR ANY SUBSEQUENT FORM REPLACING IT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM REQUIRED FOR APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 7-15-320 WHICH HAVE BEEN DELETED BY THIS ACT, REQUIRE IDENTIFYING INFORMATION ON A FORM PRESCRIBED BY THE EXECUTIVE DIRECTOR AND AN OATH STATING THAT THE APPLICANT IS QUALIFIED TO VOTE AND HAS NOT VOTED DURING THE ELECTION FOR WHICH THE APPLICATION FOR ABSENTEE BALLOT IS SOUGHT; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES TO THE BOARD OF REGISTRATION OF EACH COUNTY BY THE COMMISSIONERS OF ELECTION OF COUNTY OR THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH COUNTY; TO AMEND SECTION 7-15-410, RELATING TO THE ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY BEING RESPONSIBLE FOR CERTAIN ELECTION FUNCTIONS; TO AMEND SECTION 7-15-430, RELATING TO THE REQUIREMENT THAT AN ABSENTEE VOTER MUST BE NOTED ON THE REGISTRATION LISTS, SO AS TO DELETE REFERENCES TO COUNTY COMMITTEES; TO AMEND SECTION 7-15-450, AS AMENDED, RELATING TO THE APPLICATION OF ARTICLE 7, CHAPTER 15, TITLE 7, SO AS TO DELETE REFERENCES TO POLITICAL PARTIES AND ANY OTHER AUTHORITIES HOLDING A PRIMARY OR CONDUCTING AN ELECTION AND THAT THE ARTICLE APPLIES TO ANY AUTHORITY CONDUCTING AN ELECTION; AND TO REPEAL SECTIONS 7-15-250, 7-15-260, AND 7-15-395 RELATING TO THE DUTIES OF, AND EXPENSES INCURRED BY, COUNTY COMMITTEES AND POLITICAL PARTIES IN CONDUCTING PRIMARY ELECTIONS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 421 -- Senator Rose: A BILL TO AMEND SECTIONS 4-20-20 AND 4-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMUNITY RECREATION SPECIAL TAX DISTRICT ACT OF 1994, SO AS TO PROVIDE THAT THE REFERENDUM TO CREATE A DISTRICT MAY BE HELD EITHER AT THE TIME OF THE GENERAL ELECTION OR IN A SPECIAL ELECTION AS DETERMINED BY THE COUNTY COUNCIL AND THAT THE COUNTY COUNCIL SHALL APPOINT MEMBERS TO THE COMMISSION IN ACCORDANCE WITH ANY AGREEMENT EXISTING BETWEEN SUCH COUNTY AND A MUNICIPALITY.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4387 -- Reps. McElveen and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-65 SO AS TO GRANT EMPLOYERS IMMUNITY, BOTH ABSOLUTE AND QUALIFIED DEPENDING ON THE SCOPE OF THE INFORMATION, FOR RESPONDING TO PROSPECTIVE EMPLOYERS' REQUESTS FOR REFERENCES.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4734 -- Rep. R. Smith: A HOUSE RESOLUTION CONGRATULATING AND COMMENDING MRS. JO-ANNE V. NEWMAN OF AIKEN COUNTY AS THE FIRST WOMAN TO REFEREE AN AMATEUR BOXING MATCH AT THE NATIONAL LEVEL IN JUNE OF 1993.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4735 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO COMBATIVE SPORTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1907, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4736 -- Rep. Tucker: A BILL TO AMEND SECTION 16-15-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDECENT EXPOSURE, SO AS TO REVISE THE LOCATIONS ON WHICH A PERSON MAY NOT EXPOSE HIMSELF.

Referred to Committee on Judiciary.

H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO PROVIDE REQUIREMENTS THAT THE SOUTH CAROLINA EDUCATIONAL TELEVISION COMMISSION MUST SATISFY TO COMPLY WITH SUNSET REVIEW RECOMMENDATIONS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60.

Referred to Committee on Ways and Means.

H. 4738 -- Rep. Wright: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC HIGHWAYS COMMITTEE, SO AS TO DELETE THE PROVISION TERMINATING THE COMMITTEE ON JUNE 30, 1997, UNLESS REAUTHORIZED BY THE GENERAL ASSEMBLY.

Referred to Committee on Education and Public Works.

H. 4739 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-57-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF NONRESIDENTS TO SELL SOUTH CAROLINA-SITUATE REAL PROPERTY, SO AS TO REQUIRE AFFILIATION WITH A RESIDENT LICENSED BROKER, PROVIDE THAT THE SALE OR LEASE OF SOUTH CAROLINA-SITUATE PROPERTY IS VOID UNLESS THE PROPERTY WAS LISTED WITH A RESIDENT LICENSED BROKER, AND REQUIRE A RESIDENT LICENSED BROKER TO ASCERTAIN AND VERIFY THAT A NONRESIDENT REAL ESTATE SALESMAN WAS THE HOLDER OF A VALID NONRESIDENT REAL ESTATE SALESMAN LICENSE ISSUED IN SOUTH CAROLINA, WITH RESPECT TO CERTAIN TRANSACTIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 4740 -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-937 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM PLEDGING TO ANOTHER MEMBER OF THE GENERAL ASSEMBLY TO VOTE FOR A PARTICULAR CANDIDATE FOR AN OFFICE ELECTED BY THE GENERAL ASSEMBLY IN RETURN FOR THAT MEMBER'S PLEDGE TO VOTE FOR ANOTHER CANDIDATE FOR THAT OFFICE.

Referred to Committee on Judiciary.

H. 4741 -- Reps. McTeer and White: A BILL TO AMEND SECTION 50-17-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF CRAB POTS TO CATCH CRAB FOR COMMERCIAL PURPOSES IN CERTAIN WATERS, SO AS TO ALSO PROHIBIT SUCH USE IN COLES CREEK ON THE NORTH AND SOUTH SIDE OF COLES ISLAND IN BEAUFORT AND JASPER COUNTIES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4742 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-190 SO AS TO PROVIDE A PROCEDURE FOR QUALIFYING EDUCATIONAL INSTITUTIONS TO BE VOTER REGISTRATION AGENCIES AND DEFINE "QUALIFYING EDUCATIONAL INSTITUTION".

Referred to Committee on Judiciary.

H. 4743 -- Reps. Cotty, Sheheen, Riser and Witherspoon: A BILL TO AMEND SECTION 48-11-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION AND ELECTION OF THE GOVERNING BODY OF A WATERSHED CONSERVATION DISTRICT, SO AS TO CHANGE THE METHOD BY WHICH A CANDIDATE FOR WATERSHED DIRECTOR BECOMES QUALIFIED.

Referred to Committee on Judiciary.

H. 4746 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-5-15 SO AS TO PROVIDE THAT INSTITUTIONS OF HIGHER EDUCATION THAT FOLLOW ACADEMIC SCHEDULES MAY ESTABLISH LEGAL HOLIDAYS FOR THEIR EMPLOYEES DIFFERENT FROM THOSE PROVIDED BY LAW SO LONG AS THE TOTAL NUMBER OF HOLIDAYS IN ANY CALENDAR YEAR DOES NOT EXCEED THE TOTAL NUMBER OF LEGAL HOLIDAYS ALLOWED.

Referred to Committee on Education and Public Works.

S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Referred to Committee on Ways and Means.

S. 926 -- Senators Patterson, Giese, Gregory and Mescher: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO CONFIDENTIALITY OF RECORDS, NAMES, PICTURES, AND FINGERPRINTS OF JUVENILES CHARGED WITH COMMITTING A CRIME, SO AS TO PROVIDE THAT THE NAME, IDENTITY, OR PICTURE OF A CHILD MAY BE MADE PUBLIC BY A NEWSPAPER OR RADIO OR TELEVISION STATION IF THE CHILD IS CHARGED WITH A VIOLENT CRIME, GRAND LARCENY OF A MOTOR VEHICLE, A CRIME IN WHICH A WEAPON WAS USED, OR DISTRIBUTION OR TRAFFICKING IN UNLAWFUL DRUGS.

Referred to Committee on Judiciary.

S. 1016 -- Senator Martin: A BILL TO AMEND SECTION 16-11-620 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING AND REFUSING TO LEAVE THE PREMISES OF ANOTHER PERSON ON REQUEST, SO AS TO DELETE THE REQUIREMENT THAT THE WARNING REQUIRED BY THIS SECTION FOR THE OFFENSE OF ENTERING THE PREMISES OF ANOTHER PERSON AFTER WARNING MUST HAVE BEEN MADE WITHIN THE PRECEDING SIX MONTHS.

Referred to Committee on Judiciary.

S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.

Referred to Committee on Judiciary.

S. 1032 -- Senator Bryan: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.

Referred to Committee on Ways and Means.

S. 1072 -- Senators Matthews, Washington, Ford and Glover: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION FOR CERTAIN NONPROFIT HOUSING CORPORATIONS TO PROPERTY OF SUCH CORPORATIONS DEVOTED EXCLUSIVELY TO PROVIDING RENTAL OR COOPERATIVE HOUSING AND RELATED FACILITIES FOR ELDERLY OR HANDICAPPED PERSONS OR FAMILIES OF LOW OR MODERATE INCOME IN ACCORDANCE WITH FEDERAL HOUSING LAW.

Rep. COBB-HUNTER asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. RICHARDSON objected.

Referred to Committee on Ways and Means.

S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

Referred to Committee on Ways and Means.

S. 1082 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE MADE AVAILABLE BY THE STATE BUDGET AND CONTROL BOARD TO ACTIVE AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND OTHERS, SO AS TO PROVIDE AN EXCLUSIVE REMEDY FOR RESOLVING CLAIMS WITH RESPECT TO THE PAYMENT OF BENEFITS.

Referred to Committee on Ways and Means.

S. 1148 -- Senators Drummond, J. Verne Smith, Leventis, Peeler, Patterson, Washington and Giese: A BILL TO AMEND SECTION 10-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF INSURANCE PREMIUMS TO THE STATE BUDGET AND CONTROL BOARD, AND SECTION 15-78-160, RELATING TO THE STATE BUDGET AND CONTROL BOARD NOT BEING LIABLE FOR UNCOVERED OR UNFUNDED RISKS WHEN AN AGENCY OR POLITICAL SUBDIVISION FAILS TO PAY INSURANCE PREMIUMS UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES WHERE THE BOARD MAY CANCEL SUCH POLICIES FOR NONPAYMENT OF PREMIUMS; TO AMEND SECTION 11-9-75, RELATING TO STATE FUNDS BEING WITHHELD FROM COUNTIES AND MUNICIPALITIES WHICH ARE DELINQUENT IN PAYMENTS DUE THE STATE, SO AS TO REVISE THE TYPES OF ENTITIES TO WHICH THIS SECTION APPLIES, AND TO PERMIT AN AGENCY OR INSTITUTION TO WRITE OFF AS A BAD DEBT CERTAIN DELINQUENT PAYMENTS; AND TO REPEAL SECTION 10-7-110 RELATING TO DELINQUENT INSURANCE PREMIUMS PAYABLE TO THE STATE BUDGET AND CONTROL BOARD BEING DEDUCTED FROM CERTAIN GASOLINE TAX DISTRIBUTIONS.

Referred to Committee on Ways and Means.

S. 1218 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1905, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 4744 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF REECE YON OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4745 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MR. WILLIAM MARTIN CHAPMAN, JR., OF ANDERSON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, H.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cato                   Cave
Chamblee               Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Elliott                Felder                 Fleming
Fulmer                 Gamble                 Govan
Hallman                Harris, J.             Harris, P.
Harrison               Haskins                Herdklotz
Hines, J.              Hines, M.              Howard
Hutson                 Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Lee                    Limbaugh               Limehouse
Lloyd                  Loftis                 Marchbanks
Martin                 Mason                  McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Thomas                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            White
Wilder                 Wilkes                 Wilkins
Williams               Witherspoon            Worley
Wright                 Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 13.

Grady A. Brown                    Robert W. Harrell, Jr.
Sandra S. Wofford                 William Clyburn
Ralph W. Canty                    Lanny F. Littlejohn
Jackson S. Whipper                James H. Hodges
Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. LITTLEJOHN a temporary leave of absence.

STATEMENT RE ATTENDANCE

Rep. McELVEEN 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, March 12.

R. 242; S. 654--GOVERNOR'S VETO SUSTAINED
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 4, 1996
Mr. Speaker and Members of the House:

I am hereby returning without my approval S. 654, R. 242, an Act:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY REFERENDUM HAS AUTHORIZED THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180 AND IF A REFERENDUM APPROVING THESE PERMITS IS HELD IN THE AFFECTED AREA OF THE COUNTY AND THE COUNTY IN WHICH THE REFERENDUM IS TO BE HELD HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.

This veto is based upon several grounds, one of which is my belief that S. 654, R. 242 of 1996, is unconstitutional. Article III, Section 34 of the South Carolina Constitution prohibits the adoption of special laws. Subsection (IX) requires that "where a general law can be made applicable, no special law shall be enacted..." This bill is clearly special legislation, and is an attempt to allow a particular area of a county to circumvent existing general state law.1 This bill illustrates the pitfalls of special legislation and, if enacted, will set a bad precedent for all areas of the law, not just this particular issue.

The purpose of the provision in Section 61-5-180 that allows a county or municipality to hold a referendum on the issue of Sunday alcohol sales is to give every county and municipality in the State the right to determine for itself whether or not to have Sunday alcohol sales. The bill would completely vitiate that right.

The referendum language contained in the bill concerns me in that it allows the specific area affected to be defined in the petition seeking the referendum. The way the language is written, any area east of the intracoastal waterway in an affected county may hold a referendum to approve Sunday alcohol sales.

Additionally, the affected county would be required to pay the expenses for these referenda that will only affect a small portion of the county. This is an unfunded mandate to the counties and the cost will be borne by all taxpayers.

Finally, if this bill becomes law, it will open the door for various other communities around the State to ask the General Assembly to enact similar special legislation in an effort to circumvent the existing general law.

For the reasons listed above, I am vetoing S. 654, R. 242 of 1996.

Sincerely,
David M. Beasley

Reps. THOMAS and KELLEY spoke against the veto.

Rep. HASKINS spoke in favor of the veto.

1Section 61-5-180 authorizes temporary permits for Sunday alcohol sales in counties or municipalities where a majority of the qualified electors voting in a referendum vote in favor of the issuance of the permits.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 22; Nays 67

Those who voted in the affirmative are:

Bailey                 Breeland               Brown, T.
Cave                   Cobb-Hunter            Fulmer
Hallman                Hutson                 Keegan
Kelley                 Kinon                  Martin
McAbee                 McTeer                 Rogers
Thomas                 Tucker                 Whipper, L.
Whipper, S.            Williams               Witherspoon
Worley

Total--22

Those who voted in the negative are:

Allison                Anderson               Baxley
Brown, G.              Brown, H.              Brown, J.
Cain                   Cato                   Chamblee
Cotty                  Davenport              Delleney
Easterday              Elliott                Felder
Fleming                Gamble                 Harris, J.
Haskins                Herdklotz              Hines, M.
Howard                 Inabinett              Jennings
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Lee                    Limbaugh               Lloyd
Loftis                 Marchbanks             McCraw
McKay                  McMahand               Meacham
Neal                   Phillips               Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, R.              Stoddard               Tripp
Vaughn                 Waldrop                Walker
Wells                  Whatley                Wilder
Wilkins                Wright                 Young
Young-Brickell

Total--67

So, having failed to receive the necessary vote, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

S. 804--DEBATE ADJOURNED ON MESSAGE
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 7, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 259, S. 804 by a vote of 44 to 0.
(R259) S. 804 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Very respectfully,
President

Rep. BAILEY moved to adjourn debate upon the veto message until Wednesday, March 27, which was adopted.

H. 4625--SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The following Bill was taken up.

H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.

Rep. TOWNSEND spoke against the Senate amendments.

Rep. BAILEY spoke in favor of the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 1204 -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

S. 1220 -- Senator Matthews: A BILL TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.

S. 599 -- Senator Thomas: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO AUTHORIZE THE BOARD TO CHANGE ITS CORPORATE NAME IN THE SAME MANNER AS ANY OTHER NONPROFIT CORPORATION AND TO PROVIDE THAT THE POWERS AND DUTIES OF THE SYSTEM ARE CONSIDERED THE POWERS AND DUTIES OF A SUCCESSOR CORPORATION.

S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.

ORDERED TO THIRD READING

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

H. 4721 -- Reps. Davenport and Littlejohn: A BILL 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.

H. 4471--SENATE AMENDMENTS AMENDED AND
RETURNED TO THE SENATE

The Senate amendments to the following Joint Resolution were taken up for consideration.

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

Rep. WILKINS proposed the following Amendment No. 1A (Doc Name P:\amend\GJK\22475SD.96), which was adopted.

Amend the Joint Resolution, as and if amended in SECTION 1, by adding a new subsection to be appropriately lettered, immediately following subsection (B) which begins on line 5, page 2, to read:

/( )     In addition to the question provided in subsection (B) above, the following additional question also shall be put before the qualified electors of the district at the 1996 advisory referendum:
"Do you favor a twelve-member board elected from defined single-member election districts for the composition of the Board of Trustees of the School District of Greenville County which is the manner it is presently constituted as opposed to a combination of at-large and single-member representation?"

Yes     [ ]
No     [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word "Yes", and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word "No"./

Renumber sections and subsections to conform.

Amend totals and title to conform.

The Senate amendments, as amended, were then agreed to and the Joint Resolution ordered returned to the Senate.

RECURRENCE TO THE MORNING HOUR

Rep. FLEMING 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. 4747 -- Rep. D. Smith: A BILL 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.

On motion of Rep. D. SMITH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4748 -- Reps. Keyserling, Richardson, S. Whipper, Stuart and Haskins: A BILL TO AMEND TITLE 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 SO AS TO ENACT THE UNIFORM TRANSFER ON DEATH SECURITY REGISTRATION ACT WHICH PERMITS A PERSON TO REGISTER A SECURITY IN BENEFICIARY FORM THEREBY INDICATING HIM AS THE PRESENT OWNER WITH A DESIGNATION OF A BENEFICIARY TO TAKE OWNERSHIP AT HIS DEATH.

Referred to Committee on Labor, Commerce and Industry.

CONCURRENT RESOLUTION

The following was introduced:

H. 4749 -- Reps. Quinn, Harrison, Scott, Rogers, Wilkins, Cromer, Koon, Gamble and Riser: A CONCURRENT RESOLUTION RECOGNIZING PHIL CHAPPELL OF RICHLAND COUNTY FOR HIS OUTSTANDING SERVICE TO CLEMSON UNIVERSITY AND THE GREATER COLUMBIA CLEMSON CLUB.

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

Further proceedings were interrupted by the Joint Assembly.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

PRESENTATION OF
LIFE ABILITIES-EASTER SEAL REPRESENTATIVES

The Reading Clerk of the Senate read the following Concurrent Resolution:

S. 1024 -- Senators Lander and Giese: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 13, 1996, AS "DISABILITIES DAY", TO ENDORSE THE "B.A.C. - COFFEE DAY FOR PEOPLE WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF THE EASTER SEAL SOCIETY OF SOUTH CAROLINA, AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 13, 1996, AT WHICH TIME THE STATE EASTER SEAL REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The Easter Seal Representatives and distinguished party were escorted to the rostrum by Senators Thomas, Drummond, O'Dell, Greg Smith, Reese, Setzler, Richter and Giese and Representatives WILKINS, KLAUBER, TOWNSEND, THOMAS, DAVENPORT, KNOTTS, H. BROWN and SHISSIAS.

The President of the Senate recognized Representative WALKER, Vice Chairman of the Legislative Committee for Persons with Disabilities, who addressed the Joint Assembly as follows:

"Mr. President, Mr. Speaker, members of the Joint Assembly, honored Life Abilities-Easter Seal Representatives, representatives, Mrs. Beasley, ladies and gentlemen... It is my privilege to welcome all of you to this Easter Seal Buck-A-Cup Joint Assembly again this year. We look forward to this special day each year. Working with the State Easter Seals Society to kick off one of the biggest fund raisers in the state for persons with disabilities is a distinct honor. We hope all of you will support this worthy cause and at your first opportunity go pick up one of the B-A-C buttons. It is equally a pleasure to welcome each of the Easter Seal Representatives, their parents and sponsors here today. On behalf of the Joint Committee for Disabilities, I would like to recognize those legislators that are members, Rep. Ron Fleming, Rep. Mike Baxley, Senator Matthews, Senator Giese and I am Vice Chairman, and our Chairman is Senator Jim Lander and at this time, I will present him to you."

Senator Lander, Chairman of the Legislative Committee for Persons with Disabilities, addressed the Joint Assembly as follows:

"Representative Walker, thank you... We had hoped for our second consecutive year to have with us today our first lady, Mrs. Mary Wood Beasley, who is the State Campaign Chairwoman. We look forward to working with Mrs. Beasley as the year goes on with this particular program. Present in the Chamber and standing around the sides are just some of the thousands of volunteers who work and support the Buck-A-Cup Brace-A-Child Campaign which starts today and ends on Good Friday, April 5, Coffee Day. Under the leadership and hard work of those whom we recognize today, the Buck-A-Cup Campaign raises thousands of dollars to aid persons with disabilities. Last year, the Buck-A-Cup Campaign raised over $500,000 statewide, and I want to remember that the money collected in each county remains in that county to help members of the local community. Let's give all of the volunteers a big hand for a fantastic job. We have with us today some people I want to be sure to recognize. Would you step forward or raise your hand. First, we have Mrs. Lynn B. Bagnal, the Chairperson for the Easter Seals Board of Directors. Next, Mr. Joe Wilder, former representative and a member of the Easter Seal Board, Mr. W.C. Bain, the State Campaign President, maybe not here today, and Mr. Joe Jones, the Executive Director, President of Easter Seal. The co-sponsors of the campaign are the SC Law Enforcement Officer's Association, some 9,700 strong and the SC Restaurant Association with 1,500 members. Many are here today including Major Larry Mixon, the SC Law Enforcement Officer's Association, Mr. John Caudle, the Executive Director of the SC Law Enforcement Officer's Association, Mr. Thomas L. Sponseller, the Executive Director of the SC Restaurant Association, and Robert Williams, the State President of the SC Restaurant Association. This year marks the 44th Annual Buck-A-Cup Campaign. Again, I join everyone in thanking you for the dedicated efforts you give each year and that each year you seem to outdo yourselves, to raise funds for the many persons with disabilities, over 400,000 in South Carolina, and their families across the State that will allow them to achieve independence. Each year Easter Seals serves thousands of South Carolinians. Each year several of these individuals are chose to represent Life Abilities statewide. I would like to present this year's Easter Seal Ambassadors and their senator and representative from their district."

Senator Lander recognized Senator Thomas and Representative WILKINS to present our next guest.

Senator Thomas introduced our guest as follows:

"Speaker Wilkins and I are here today to introduce Bradley O'Dell. He has been a long time supporter of Easter Seals. He has been a participant and is now President of the Palmetto Wheelchair Sports Association in Greenville and through his efforts, Easter Seals has assisted with many items, hand control items for vehicles and purchased sports wheelchairs to used by the association and in addition, Easter Seals has helped provide the association members with transportation fund for competitive events. Bradley, please raise your hand."

Senator Lander recognized Senator Drummond and Representative KLAUBER to present our next guest.

Senator Drummond introduced our guest as follows:

"Ladies and gentlemen of the Senate and all the volunteers... South Carolina really does care. I stand here with Representative Klauber and I want you to roll Quincy Wells out here. He is from my hometown of Ninety-Six and I was just telling Quincy that the outfit that he is in looks like a moonship and I told him that I believed that if he mashed one of the buttons, he may take off. This shows you what Easter Seals has done and invested in someone that is less fortunate than we are. South Carolina does care and we are a compassionate people. Quincy is the eleven year-old son of Martha Wells of Ninety-Six and he receives speech therapy. He is really proud of this, I told him not to mash the wrong button, he may go through the ceiling. They care enough about him, not only does he get speech therapy, he is provided air conditioning units at home and bedside tables, motor toys and transportation, everything that Quincy needs is right at his finger tips. You know, he can't do the things that we can, but we care and thank all of you for making life so much better for Quincy."

Senator Lander recognized Senator O'Dell and Representative TOWNSEND to present our next guest.

Representative TOWNSEND introduced the guest as follows:

"Ladies and gentlemen of the Joint Assembly... It gives me great pleasure to introduce to you a special friend of mine, Amanda Fields of Belton. She has a driver with her this morning, her brother, Matthew. We were back in the back getting ready to come out, so Matthew had been a driver for her this morning. But, she is the six year-old daughter of Charles and Sherry Fields of Belton. For those of you that have been over on this side, Representative Becky Meacham has been carrying on a conversation. She and Amanda hit it off real well. Becky accused her of being a little bit shy, but I don't think that is true, I better watch out for my political career with Amanda coming along. She has talked to everybody coming down the aisle this morning. We are delighted to have her with us this morning. Amanda with diagnosed with Spina Bifida, Hydrocephalus Seizure Disorder and Kidney Reflux. Easter Seals provides Amanda with physical and occupational therapy on a continual basis and we certainly want to thank the volunteers of the Buck-A-Cup Campaign and Easter Seals for all the support that they give in helping Amanda and all of the other folks that you see up here this morning. I think we are very fortunate to have that as a goal for South Carolina and it makes our State stand proud for what we try to accomplish through the many volunteers that these gentlemen and ladies around the room have provided. We appreciate that."

Senator Lander recognized Senator Greg Smith and Representative THOMAS to present our next guest.

Senator Greg Smith introduced the guest as follows:

"Ladies and gentlemen of the Joint Assembly... It is my pleasure to introduce to you today a beautiful young lady from Georgetown, which is the home of the Buck-A-Cup program. Charlene Hughes is the fourteen year-old daughter of Bobby and Bonnie Hughes of Georgetown. Easter Seals provides Charlene with physical therapy on a year round basis and with occupational therapy during the summer months. In addition, she is an active participant in Georgetown's Therapeutic Horseback Riding Program. Glad to have you."

Senator Lander recognized Senator Reese and Representative DAVENPORT to present our next guest.

Representative DAVENPORT introduced the guest as follows:

"It is really a pleasure today for us in Spartanburg to present Kevin Seay to you and also his Mom. Kevin lives in my district and has an illness, cerebral palsy and is a very independent young man that shows self reliance. He recently graduated from the Parson's Center, which is part of the Charles Lea Center in Spartanburg. He did such an excellent job as far a communication and dealing with folks over there, that they hired him. So, it is a pleasure to have him here today and folks, the volunteer effort that goes into this program is just unreal. I have a personal interest in that I have a nephew that has cerebral palsy, also, and the program and the things that they have been able to do for him as well as Kevin helps them in their independence and their self reliance. I just want to say welcome to Kevin and we really appreciate him being here today."

Senator Lander recognized Senator Setzler and Representative KNOTTS to present our next guest.

Senator Setzler introduced the guest as follows:

"Mr. President, ladies and gentlemen of the Senate... It is my pleasure, along with Representative Knotts, to present to you this afternoon, Mr. Kenny Hardee, who is the 27 year-old son of Dianna Hardee of West Columbia and Kenny Hardee, Sr. of Lexington. Kenny was an airplane mechanic in the Navy when in April of 1990, he was in an automobile accident where he suffered a closed head injury. After three months of being in a coma and thirteen months of daily rehabilitative care, Kenny began receiving speech and occupational therapy from Easter Seals. Currently, Kenny visits the Rose M. Lowe Rehabilitation Center twice a week for occupational and physical therapy. A determined young man, Kenny began taking classes at Midland Tech in January in computer science. On behalf of Kenny and the Lexington County Delegation, we would like to say thank you to the Easter Seal Society, law enforcement and to the Restaurant Association for this tremendous program. Thank you and welcome to Kenny."

Senator Lander stated that Amber Michelle Quarles of Timmonsville could not be with us today.

Senator Lander recognized Senator Richter and Representative H. BROWN to present our next guest.

Representative H. BROWN introduced the guest as follows:

"Ladies and gentlemen... I would like to introduce to you, Graham Jones, who has been a good friend of mine for a long time, on behalf of Senator Richter and myself. Graham was in a terrible automobile accident back in 1982 at the age of 17. He has been on a road to recovery since then. He finished high school. He finished Trident Tech, in fact, I was there the day that he graduated from Tech. Then, he went over to Francis Marion and finished the curriculum over there and now, he is in employed as Assistant Resource Manager and I am real proud of Graham. I just come to introduce him and to thank you for all of those that are involved in his progress to recuperate. We are grateful for Graham and his family."

Senator Richter made the following remarks:

"Thank all of you for coming and taking part in this ceremony today and saying to you that the participants and the recipients of the services that you have met today are truly, truly South Carolina's profiles in courage. Thank you."

Senator Lander recognized Senator Giese and Representative SHISSIAS to present our next guest.

Representative SHISSIAS introduced the guest as follows:

"Members of the Joint Assembly... Let me introduce Nicholas Stanton. He is the eight year-old son of Sharon Elke and Jim Stanton, both of Columbia. He was born more than two months premature and was diagnosed with having cerebral palsy. For the past two years, he has been receiving physical therapy from the Rose M. Lowe Rehabilitation Center here in Columbia. He has made tremendous progress with his therapy. He has accomplished major things such a riding a bicycle and being able to walk with just one cane now, one crutch now and moving on to just one cane. He works very hard with the help of family, friends and Easter Seals and he has been able to meet these challenges with plenty of smiles and courage. He came over here driven by Sergeant Payne, who gave him handcuffs and Sergeant Payne has absolutely hung the moon. We thank all volunteers certainly law enforcement because we believe that we have all hung the moon. Thank you."

Senator Giese made the following remarks:

"Let me tell you something very interesting about this young man. He is truly a miracle baby. He was born 2 pounds, 2 ounces. He spent three months in a neonatal clinic and we worry about the cost of those sometimes and there is the reason that it is worth the cost of every penny of it. This wonderful young man has made great progress and we want to thank his dad and his mother for doing such a great job with him. Thank you."

Senator Lander made the following closing remarks:

"The General Assembly extends to Easter Seals and all of you that have worked so hard its sincere wishes for continued success in your many constructive and compassionate programs on behalf of persons with disabilities. We appreciate it, we thank you for what you have done. It is always good to see men in uniform, men and women, and the Restaurant Association in concert, raising hundreds of thousands of dollars over the years for our folks with disabilities in South Carolina. Thank you so much and Mr. President, this concludes the program."

Upon the conclusion of the presentation, the honored guests and escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:40 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4722 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. ROBERT MCDUFFIE HAMMOND II, OF ANDERSON, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4723 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION AND GREAT PRIDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ANDERSON AREA MEDICAL CENTER OF ANDERSON COUNTY FOR RECEIVING THE HIGHEST RANKING GIVEN BY THE JOINT COMMISSION ON ACCREDITATION OF HEALTH CARE ORGANIZATIONS BY EARNING "ACCREDITATION WITH COMMENDATION".

H. 4724 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF ALLISON DANA KAY OF ANDERSON AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.

H. 4725 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO E. STEVE DARBY OF ANDERSON COUNTY UPON BEING NAMED THE 1995 SMALL BUSINESS PERSON OF THE YEAR BY THE ANDERSON COUNTY CHAMBER OF COMMERCE.

H. 4731 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING DIRECTOR GENERAL STANLEY KAO FOR HIS MANY CONTRIBUTIONS TO CULTURAL UNDERSTANDING AND COOPERATION BETWEEN AMERICANS AND THE PEOPLE OF THE PROVINCE OF TAIWAN, REPUBLIC OF CHINA, AND WISHING HIM SUCCESS IN HIS NEW POST IN MALAYSIA.

H. 4733 -- Reps. Robinson and Rice: A CONCURRENT RESOLUTION TO CONGRATULATE WILL EMERSON OF EASLEY, 1995-96 GOVERNOR OF PALMETTO BOYS STATE, FOR HIS SUCCESSFUL TENURE IN THIS OFFICE AND FOR HIS OUTSTANDING REPRESENTATION OF SOUTH CAROLINA WHILE SERVING AS GOVERNOR.

ADJOURNMENT

At 12:41 P.M. the House in accordance with the motion of Rep. J. HINES adjourned in memory of Elijah W. Davis of Lamar, to meet at 10:00 A.M. tomorrow.

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