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 2360, Apr. 17 | Printed Page 2380, Apr. 18 |

Printed Page 2370 . . . . . Thursday, April 18, 1996


Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 4453 -- Reps. Townsend, Stille, Cooper, Trotter and Cato: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 4584 -- Reps. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.


Printed Page 2371 . . . . . Thursday, April 18, 1996

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4414 -- Reps. Stuart, T. Brown, Vaughn, Cotty, Harvin, Herdklotz, Huff and Kinon: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY SCHOOL SCHEDULING AND TIMETABLES, INCLUDING THE LENGTH OF THE SCHOOL DAY AND THE SCHOOL YEAR, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY BY JULY 1, 1996.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 949 -- Senator Hayes: A JOINT RESOLUTION TO PERMIT CERTAIN STUDENTS UNTIL DECEMBER 1, 1996, THE OPPORTUNITY TO TAKE THE EDUCATION ENTRANCE EXAMINATION (EEE) OR CERTAIN SECTIONS THEREOF NOT PASSED FOR A FOURTH TIME UNDER SPECIFIED CONDITIONS.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 1117 -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 144 SO AS TO ENACT THE "PUBLIC SCHOOL FACILITIES ASSISTANCE ACT", TO MAKE FUNDS AVAILABLE TO CONSTRUCT AND RENOVATE PUBLIC SCHOOL FACILITIES, AND TO AUTHORIZE THE ISSUANCE OF SCHOOL REVENUE BONDS FOR SPECIFIED PURPOSES IN CONNECTION THEREWITH.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER


Printed Page 2372 . . . . . Thursday, April 18, 1996

EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 1252 -- Senators Land and McGill: 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.

Ordered for consideration tomorrow.

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

H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.

Ordered for consideration tomorrow.

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

H. 4651 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT


Printed Page 2373 . . . . . Thursday, April 18, 1996

UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

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

H. 4871 -- Reps. Harrison, D. Smith and Wilkins: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE UPON CERTAIN STATE OFFICERS, PERSONS, AND AGENCIES.

Ordered for consideration tomorrow.

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

H. 4541 -- Reps. Simrill, Moody-Lawrence and Kirsh: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 4810 -- Reps. Martin, Jennings, Kelley, J. Young and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-465 SO AS TO PROVIDE THAT NO UNDERCOVER AGENT UNDER THE AGE OF TWENTY-ONE OF THE DEPARTMENT OF REVENUE AND TAXATION OR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY PURCHASE OR ATTEMPT TO PURCHASE BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON OR OFF-PREMISES CONSUMPTION AT AN ESTABLISHMENT LICENSED TO MAKE SUCH SALES UNLESS THE DEPARTMENT OR AGENCY HAS TWO DOCUMENTED INSTANCES THAT THE ESTABLISHMENT HAS VIOLATED PROVISIONS OF LAW PROHIBITING THE SALE OF


Printed Page 2374 . . . . . Thursday, April 18, 1996

BEER, WINE, OR ALCOHOLIC LIQUOR TO MINORS, AND TO PROVIDE REMEDIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

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

H. 4818 -- Reps. Harrison, Sheheen, Whatley, Tucker, Spearman, Rice, Herdklotz, Seithel, Young-Brickell, Stuart, Wilkins, Knotts, Klauber, Wofford, Fleming, Chamblee, D. Smith, Sandifer, Cain, Riser, Meacham, Cato, Robinson, H. Brown and Wright: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE MAY BE FINGERPRINTED AND TO EXPAND THE USE OF FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF CHILDREN TO THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE TEMPORARY COMMITMENT OF A CHILD TO THE DEPARTMENT FOR EVALUATION.

Ordered for consideration tomorrow.

S. 699--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 17, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 699:

S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR


Printed Page 2375 . . . . . Thursday, April 18, 1996

DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE REDEMPTION PERIOD FOR ALL REAL PROPERTY NOT ASSESSED AS OWNER-OCCUPIED RESIDENTIAL PROPERTY.
Very respectfully,
President

On motion of Rep. HARRELL, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. HARRELL, McKAY and WHITE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The following was introduced:

H. 4961 -- Reps. Keyserling, Richardson, White, Inabinett, McTeer and Lloyd: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY HIGHWAY" FOR FORMER LIEUTENANT GOVERNOR W. BRANTLEY HARVEY, JR., AND HIS LATE FATHER, SENATOR WILLIAM BRANTLEY HARVEY, SR., AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 4962 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1996, AND ENDING JUNE 30, 1997.

On motion of Rep. KINON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.


Printed Page 2376 . . . . . Thursday, April 18, 1996

H. 4963 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-2550 SO AS TO CREATE A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS; TO AMEND SECTION 58-9-2510, RELATING TO DEFINITIONS FOR TELEPHONE SERVICE FOR HEARING AND SPEECH IMPAIRED PERSONS, SO AS TO DEFINE THE TERM DUAL SENSORY IMPAIRED PERSON AND TO DEFINE THE ACRONYM "TTY" AS A KEYBOARD MECHANISM ATTACHED TO OR IN PLACE OF A STANDARD TELEPHONE USED TO TRANSMIT OR RECEIVE SIGNALS THROUGH TELEPHONE LINES; TO AMEND SECTION 58-9-2520, RELATING TO THE STATEWIDE PROGRAM WHICH PROVIDES TELEPHONE ACCESS TO PERSONS WHO ARE SPEECH OR HEARING IMPAIRED, SO AS TO EXPAND THE SCOPE OF THE STATEWIDE ACCESS PROGRAM; AND TO AMEND SECTION 58-9-2530, RELATING TO FUNDING OF THE DUAL PARTY RELAY SYSTEM, SO AS TO ALLOW A MONTHLY CHARGE ON ALL RESIDENTIAL AND BUSINESS LOCAL EXCHANGE ACCESS FACILITIES TO FUND A DISTRIBUTION SYSTEM OF TTY'S AND OTHER RELATED TELECOMMUNICATIONS DEVICES IN THIS STATE.

RULE 5.12 WAIVED

Rep. TOWNSEND moved to waive Rule 5.12, which was agreed to by a division vote of 52 to 0.

Without reference.

H. 4964 -- Reps. Moody-Lawrence, Kirsh, Cobb-Hunter, Cave, T. Brown, Neal, White, Kelley, Cooper, J. Young, Byrd, J. Brown, Lloyd, Williams, Inabinett and Harvin: A BILL TO AMEND SECTION 56-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE FOR FAILURE TO COMPLY WITH A TRAFFIC CITATION ISSUED IN THIS STATE OR ANOTHER COMPACT JURISDICTION AND NOTICE GIVEN TO THE LICENSING AUTHORITY IN A COMPACT JURISDICTION, SO AS TO PROVIDE THAT CERTAIN CANCELED CHECKS ARE SATISFACTORY EVIDENCE THAT A PERSON HAS COMPLIED WITH THE TERMS OF CERTAIN TRAFFIC CITATIONS.

Referred to Committee on Judiciary.


Printed Page 2377 . . . . . Thursday, April 18, 1996

H. 4965 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE 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.

Without reference.

S. 1350 -- Senators Mescher and Rose: A BILL TO AMEND SECTION 1 OF ACT 159 OF 1995, RELATING TO DEVOLVING CERTAIN POWERS OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION, BY ADDING A NEW SUBSECTION SO AS TO EXCLUDE SPECIAL PURPOSE DISTRICTS.

Referred to Berkeley Delegation.

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.
Brown, T.            Cain                 Carnell
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Fleming              Fulmer               Gamble
Govan                Hallman              Harrell
Harris, J.           Harris, P.           Harrison
Haskins              Herdklotz            Hines, J.
Hines, M.            Hodges               Hutson
Inabinett            Jaskwhich            Jennings
Keegan               Kelley               Kennedy
Kinon                Kirsh                Klauber
Knotts               Lanford              Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               Marchbanks
McAbee               McCraw               McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Phillips             Quinn

Printed Page 2378 . . . . . Thursday, April 18, 1996

Rhoad                Rice                 Riser
Sandifer             Scott                Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Stille
Stoddard             Thomas               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
Whipper, S.          White                Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford              Worley
Young                
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, April 18. James N. Law Lynn Seithel David A. Wright Leon Howard Annette Young-Brickell Denny W. Neilson Timothy F. Rogers Alfred B. Robinson, Jr. Alma W. Byrd John G. Felder Joseph H. Neal Rudolph M. Mason Larry L. Koon Joseph T. McElveen, Jr. L. Morgan Martin Harry R. Askins Ralph W. Canty C. Alex Harvin III

Total Present--118

LEAVES OF ABSENCE

The SPEAKER granted Reps. SPEARMAN, RICHARDSON and KEYSERLING a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Annette Lynn of Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATIONS

Rep. COBB-HUNTER, on behalf of the Orangeburg Delegation presented to the House the Holly Hill-Roberts Boys Basketball Team, winners of the 1996 Class AAA State Championship, their coaches and other school officials.


Printed Page 2379 . . . . . Thursday, April 18, 1996

Rep. COBB-HUNTER, on behalf of the Orangeburg Delegation presented to the House the Holly Hill-Roberts Boys Track Team, winners of the 1995 Class AAA State Championship, their coaches and other school officials.

S. 1326--COMMITTED

The following Joint Resolution was taken up.

S. 1326 -- Senator Reese: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED DURING THE MONTHS OF FEBRUARY AND MARCH, 1996, BY THE STUDENTS OF ANY SCHOOLS WITHIN SCHOOL DISTRICTS 1 THROUGH 7 IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW AND ICE CONDITIONS ARE 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.

Rep. WALKER moved to commit the Joint Resolution to the Spartanburg Delegation, which was agreed to.

ORDERED TO THIRD READING

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

H. 4958 -- Reps. Spearman and Clyburn: A BILL TO AMEND SECTION 7-7-480, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN SALUDA COUNTY, SO AS TO DELETE THE DENNY PRECINCT FROM THE LIST OF VOTING PRECINCTS.

H. 4603 -- Reps. McCraw and Phillips: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE THAT THE OPEN SEASON FOR TAKING ANTLERED DEER IN GAME ZONE 4 WITH BOW AND ARROW SHALL BE AS SET BY THE DEPARTMENT OF NATURAL RESOURCES BETWEEN AUGUST FIFTEENTH AND JANUARY FIRST.

Rep. PHILLIPS explained the Bill.


| Printed Page 2360, Apr. 17 | Printed Page 2380, Apr. 18 |

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