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 360, Jan. 25 | Printed Page 380, Jan. 30 |

Printed Page 370 . . . . . Tuesday, January 30, 1996

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

Invitation of S.C. Congress of Parents and Teachers for breakfast, February 7, 1996, 7:00 A.M. - 8:30 A.M. in Room 208 Blatt Building.

The invitation was accepted.

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

Invitation of The Town House Associates, Inc. for an oyster roast, February 7, 1996, 6:00 P.M. - 8:00 P.M. at the Clarion Town House Hotel.

The invitation was accepted.

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

Invitation of The S.C. Organization on Mental Retardation for a drop-in, February 8, 1996, 8:30 A.M. - 10:00 A.M. in Room 208 Blatt Building.

The invitation was accepted.

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

Invitation of S.C. Farm Bureau Federation for a Legislative Banquet, February 13, 1996, 6:00 P.M. in the Moore Building, State Fairgrounds.

The invitation was accepted.

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

Invitation of Justice Fellowship for breakfast, February 14, 1996, 7:30 A.M. at the Capital City Club.

The invitation was accepted.

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

Invitation of S.C. Association of Counties for a reception, February 14, 1996, 6:00 P.M. - 7:30 P.M. at the Embassy Suites Hotel.

The invitation was accepted.


Printed Page 371 . . . . . Tuesday, January 30, 1996

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

Invitation of S.C. Vocational Association and S.C. Vocational Directors Association for brunch, February 15, 1996, 9:00 A.M. - 10:00 A.M in Room 208 Blatt Building and for a seminar, at 12:00 Noon - 2:00 P.M. in Room 201 Blatt Building.

The invitation was accepted.

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

Invitation of S.C. Electric Cooperatives for a reception, February 20, 1996, 6:00 P.M. - 7:30 P.M. at the Adam's Mark Hotel.

The invitation was accepted.

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

Invitation of S.C. School for the Deaf and the Blind for a luncheon, February 21, 1996, upon adjournment until 2:00 P.M. in Room 221 Blatt Building.

The invitation was accepted.

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

Invitation of Manufacturing Housing Institute of S.C. for a reception, February 21, 1996, 6:00 P.M. - 8:00 P.M. at the Capital City Club.

The invitation was accepted.

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

Invitation of The Palmetto Coalition for a drop-in, February 22, 1996, 9:00 A.M. - 10:00 A.M. in Room 208 Blatt Building.

The invitation was accepted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1068 -- Senators Wilson and Courson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. RAYMOND SAMUEL YOUNGINER OF IRMO IN LEXINGTON COUNTY ON BECOMING A CENTENARIAN ON FEBRUARY 7,


Printed Page 372 . . . . . Tuesday, January 30, 1996

1996, AND FURTHER EXPRESSING APPRECIATION FOR HIS LONG LIFE OF SERVICE TO HIS COUNTRY, STATE, AND COMMUNITY AS A VETERAN OF THE FIRST WORLD WAR, A LONG AND DISTINGUISHED CAREER WITH THE UNITED STATES POST OFFICE, AND NUMEROUS COMMUNITY ACTIVITIES.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 4508 -- Reps. Howard, L. Whipper, R. Smith, J. Hines, M. Hines, Stoddard, Cobb-Hunter, Wilder, Neal, Moody-Lawrence, Govan, Cave, Lee, Williams, Clyburn, Breeland and Scott: A JOINT RESOLUTION TO ESTABLISH AN AFRICAN AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.

Referred to Committee on Education and Public Works.

H. 4509 -- Reps. Hodges, Rogers, Cobb-Hunter, Keyserling and Cromer: A BILL TO AMEND SECTION 41-29-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE THAT BEGINNING JULY 1, 1996, VACANCIES ON THE COMMISSION MUST BE FILLED BY ELECTION BY THE GENERAL ASSEMBLY UPON NOMINATION OF THE EMPLOYMENT SECURITY COMMISSION SELECTION PANEL HEREINAFTER ESTABLISHED AND TO PROVIDE THAT EACH SEAT ON THE COMMISSION SHALL BE SPECIFICALLY NUMBERED; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 41-29-11 THROUGH 41-29-17 SO AS TO ESTABLISH THE EMPLOYMENT SECURITY COMMISSION SELECTION PANEL TO MAKE NOMINATIONS TO THE GENERAL ASSEMBLY OF CANDIDATES FOR ELECTION TO THE COMMISSION, AND TO PROVIDE THE PROCEDURES FOR THE MAKING OF SUCH NOMINATIONS, INCLUDING PROVISIONS THAT A SITTING MEMBER OF THE GENERAL ASSEMBLY FIRST MUST RESIGN HIS OFFICE BEFORE HE MAY SUBMIT AN


Printed Page 373 . . . . . Tuesday, January 30, 1996

APPLICATION WITH THE PANEL FOR NOMINATION BY THE PANEL AS A CANDIDATE FOR ELECTION TO THE COMMISSION.

Referred to Committee on Judiciary.

H. 4510 -- Rep. Townsend: A BILL TO AMEND SECTION 1-11-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ELIGIBLE TO PARTICIPATE IN THE STATE INSURANCE PLANS, SO AS TO AUTHORIZE PARTICIPATION BY A FORMER MEMBER OF THE GENERAL ASSEMBLY WITH AT LEAST EIGHT YEARS CREDITED SERVICE IN THE GENERAL ASSEMBLY RETIREMENT SYSTEM UPON PAYMENT OF THE CONTRIBUTION REQUIRED OF CURRENT EMPLOYEES RATHER THAN THE FULL PREMIUM COST.

Referred to Committee on Ways and Means.

H. 4513 -- Reps. Witherspoon, Hallman, Keyserling, J. Hines, Mason, Koon, Cain, Sandifer, Haskins, G. Brown, Meacham, Seithel, Simrill, Thomas, Wells, McCraw, Wright, Kelley, Hutson, Fulmer, Askins, J. Young, Keegan, Boan, Moody-Lawrence, Robinson, Rhoad, Riser, Trotter, J. Brown, Kirsh, H. Brown, Whatley, Spearman, Martin, Kennedy, Baxley, Hodges, Vaughn, Wilder, Tripp, Richardson, Phillips, Marchbanks, Elliott, Harvin and Lloyd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT A RECREATIONAL VEHICLE OR BOAT ON WHICH THE INTEREST PORTION OF ANY INDEBTEDNESS THEREON IS OR WOULD BE DEDUCTIBLE UNDER THE INTERNAL REVENUE CODE AS AN INTEREST EXPENSE ON A QUALIFIED PRIMARY OR SECOND RESIDENCE IS ALSO DEEMED TO BE A PRIMARY OR SECOND RESIDENCE FOR PURPOSES OF AD VALOREM PROPERTY TAXATION IN THIS STATE AND AS SUCH IS CONSIDERED REAL RATHER THAN PERSONAL PROPERTY FOR THESE PURPOSES.

Referred to Committee on Ways and Means.

H. 4514 -- Rep. Harrison: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO CHANGE THE PERIOD FOR DESERTION FROM ONE YEAR TO FOUR MONTHS.

Referred to Committee on Judiciary.


Printed Page 374 . . . . . Tuesday, January 30, 1996

H. 4515 -- Rep. Felder: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CALHOUN COUNTY TO THE GOVERNING BODY OF CALHOUN COUNTY.

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

H. 4516 -- Reps. Dantzler, Mason, Littlejohn, Chamblee, Stille and Koon: A BILL TO AMEND SECTION 58-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION OF MUNICIPAL UTILITIES FROM REGULATION BY THE PUBLIC SERVICE COMMISSION, SO AS TO LIMIT THE EXEMPTION TO A PUBLIC UTILITY'S OPERATIONS WITHIN THE MUNICIPALITY'S CORPORATE LIMITS; AND TO AMEND SECTION 58-27-1010, RELATING TO THE PROHIBITION ON REGULATION BY THE PUBLIC SERVICE COMMISSION OF CONTRACTS MADE BY A MUNICIPALITY, SO AS TO LIMIT THE PROHIBITION TO CONTRACTS MADE BY A MUNICIPALITY WITH CUSTOMERS LOCATED WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY.

Referred to Committee on Labor, Commerce and Industry.

S. 656 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-25 SO AS TO PROVIDE IF A MEMBER OF THE GENERAL ASSEMBLY RESIGNS OR IS EXPELLED, HE MUST REPAY ANY COMPENSATION RECEIVED ON A PRO RATA BASIS, AND PROVIDE THAT, IF HE DOES NOT, THE COMPTROLLER GENERAL SHALL WITHHOLD THAT AMOUNT FROM ANY RETIREMENT BENEFITS HE RECEIVES.

Referred to Committee on Ways and Means.

HOUSE RESOLUTION

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

H. 4511 -- Reps. Cave and Rhoad: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BLACKVILLE-HILDA HAWKS FOOTBALL TEAM OF BARNWELL COUNTY, HEAD COACH


Printed Page 375 . . . . . Tuesday, January 30, 1996

DAVID BERRY, AND THE COACHING STAFF ON WEDNESDAY, FEBRUARY 28, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 STATE CLASS A FOOTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Blackville-Hilda Hawks Football Team of Barnwell County, Head Coach David Berry, and coaching staff on Wednesday, February 28, 1996, at a time to be determined by the Speaker, for the purpose of being presented a Concurrent Resolution on winning the 1995 State Class A Boys Football Championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 4512 -- Rep. Stuart: A HOUSE RESOLUTION TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART AND TO PROVIDE THAT REPRESENTATIVES OF THE SOUTH CAROLINA TREE FARM PROGRAM SHALL BE GRANTED THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, APRIL 11, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR CONTRIBUTIONS.

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

ROLL CALL

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

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, G.            Brown, H.
Brown, J.            Cain                 Carnell
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cromer               Dantzler             Elliott
Felder               Fulmer               Gamble

Printed Page 376 . . . . . Tuesday, January 30, 1996

Govan                Hallman              Harrell
Harris, J.           Harris, P.           Harrison
Harvin               Haskins              Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jennings
Keegan               Kelley               Kennedy
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limehouse            Littlejohn           Lloyd
Loftis               Marchbanks           Martin
Mason                McAbee               McCraw
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neilson
Quinn                Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Scott                Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, R.            Spearman
Stille               Stuart               Thomas
Townsend             Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Wilkins
Williams             Witherspoon          Wofford
Wright               Young                Young-Brickell

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, January 30. Michael F. Jaskwhich Ronald N. Fleming Olin R. Phillips Alma W. Byrd Michael E. Easterday Timothy F. Rogers William F. Cotty Doug Smith Theodore A. Brown F.G. Delleney, Jr. L. Hunter Limbaugh Ralph W. Canty Joseph H. Neal Eugene C. Stoddard Harold G. Worley

Total Present--120

Printed Page 377 . . . . . Tuesday, January 30, 1996

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Steve Imbeau of Florence is the Doctor of the Day for the General Assembly.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. HARRISON moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

S. 938--DEBATE ADJOURNED

Rep. SHEHEEN moved to adjourn debate upon the following Bill until Wednesday, January 31, which was adopted.

S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.

ORDERED TO THIRD READING

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

H. 4500 -- Reps. Cave and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF OCTOBER 13, 1995, MISSED BY STUDENTS OF BARNWELL SCHOOL DISTRICT 19 IN BARNWELL COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO A FATAL SHOOTING INCIDENT 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.

H. 4506 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A


Printed Page 378 . . . . . Tuesday, January 30, 1996

MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4332 -- Reps. Sharpe, Sandifer and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-423 SO AS TO REQUIRE THE USE OF APPROVED BYCATCH REDUCTION DEVICES IN SHRIMP TRAWLS.

H. 4100--COMMITTED

The following Bill was taken up.

H. 4100 -- Rep. Thomas: A BILL TO AMEND SECTION 44-55-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO COLLECT AND DISPOSE OF SOLID WASTE AND LEVY A SERVICE CHARGE FOR COLLECTION SERVICES, SO AS TO ADD THE AUTHORITY TO LEVY A SERVICE CHARGE FOR DISPOSAL OF SOLID WASTE, AND PROVIDE A PROCEDURE FOR COLLECTING A DELINQUENT SERVICE CHARGE.

AMENDMENT NO. 1

Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 25, by the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. SHARPE explained the amendment.

Rep. ROBINSON moved to commit the Bill to the Committee on Judiciary, which was agreed to.

H. 4338--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, January 31, which was adopted.

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: 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, AND SECTION 50-11-390, AS AMENDED,


Printed Page 379 . . . . . Tuesday, January 30, 1996

RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

H. 3732--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, January 25, by the Committee on Judiciary.

Rep. SIMRILL moved to adjourn debate upon the Bill until Wednesday, January 31, which was rejected.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

Rep. HARRISON moved to adjourn debate upon the Bill until Wednesday, January 31, which was adopted.

S. 189--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.


| Printed Page 360, Jan. 25 | Printed Page 380, Jan. 30 |

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