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 3740, May 16 | Printed Page 3760, May 16 |

Printed Page 3750 . . . . . Thursday, May 16, 1996

Rep. SCOTT moved to adjourn debate upon the Senate amendments until Tuesday, May 21.

Rep. SEITHEL moved to table the motion and demanded the yeas and nays, which were taken resulting as follows:

Yeas 42; Nays 58

Those who voted in the affirmative are:

Anderson             Baxley               Breeland
Brown, T.            Byrd                 Cave
Clyburn              Cotty                Cromer
Davenport            Hallman              Harris, J.
Herdklotz            Hines, J.            Howard

Printed Page 3751 . . . . . Thursday, May 16, 1996

Hutson               Inabinett            Keyserling
Kirsh                Lanford              Limehouse
Lloyd                Loftis               McCraw
McTeer               Meacham              Moody-Lawrence
Phillips             Quinn                Riser
Robinson             Rogers               Sandifer
Seithel              Sheheen              Shissias
Simrill              Tripp                Whatley
Whipper, L.          Whipper, S.          White

Total--42

Those who voted in the negative are:

Allison              Askins               Bailey
Boan                 Brown, G.            Brown, H.
Brown, J.            Cain                 Carnell
Cato                 Chamblee             Cobb-Hunter
Cooper               Dantzler             Delleney
Easterday            Felder               Fulmer
Gamble               Harrell              Harris, P.
Hines, M.            Hodges               Jennings
Keegan               Kelley               Kinon
Knotts               Law                  Lee
Limbaugh             Littlejohn           Marchbanks
Mason                McElveen             Neilson
Rice                 Richardson           Scott
Sharpe               Smith, D.            Smith, R.
Spearman             Stille               Stuart
Townsend             Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Wilkes               Wilkins
Williams             Wofford              Young
Young-Brickell       

Total--58

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate, which was agreed to.


Printed Page 3752 . . . . . Thursday, May 16, 1996

S. 944--DEBATE ADJOURNED

Rep. T. BROWN moved to adjourn debate upon the Senate amendments to the following Bill until Tuesday, May 21, which was adopted.

S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HASKINS.

S. 119--POINT OF ORDER

The following Bill was taken up.

S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND


Printed Page 3753 . . . . . Thursday, May 16, 1996

CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9380AC.96).

Amend the bill, as and if amended, SECTION 8, Section 44-53-140(A), page 9, line 14, by striking /from/ and inserting /by/ so that when amended the subsection reads:

/(A) Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from by such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort./

Amend further, SECTION 11, page 10, line 18, by striking /Section 8/ and inserting /Section 7/ so that when amended, the SECTION reads:

/SECTION 11. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 7 of this act./

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 3754 . . . . . Thursday, May 16, 1996

Rep. S. WHIPPER explained the amendment.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 378--ORDERED TO THIRD READING

The following Bill was taken up.

S. 378 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 60 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE SPECIAL LICENSE PLATES FOR MEMBERS OF THE SHRINERS.

Rep. G. BROWN proposed the following Amendment No. 5 (Doc Name P:\amend\JIC\6057HTC.96), which was rejected.

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

/SECTION . The retired chairman of the Auctioneers Commission is authorized a special license plate upon payment of both the regular annual fee for motor vehicle registration plus the personalized licensed plate fee provided by Section 56-3-2020 of the 1976 Code./

Renumber sections to conform.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

The amendment was then rejected.

Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading resulting as follows:

Yeas 87; Nays 13

Those who voted in the affirmative are:

Anderson             Askins               Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Byrd                 Cain
Carnell              Cato                 Cave
Chamblee             Clyburn              Cooper

Printed Page 3755 . . . . . Thursday, May 16, 1996

Cotty                Cromer               Dantzler
Delleney             Easterday            Felder
Fleming              Gamble               Govan
Harrell              Harris, J.           Harris, P.
Harvin               Haskins              Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jennings
Keegan               Kelley               Kinon
Knotts               Lanford              Law
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               McCraw
McElveen             McTeer               Meacham
Moody-Lawrence       Neilson              Phillips
Quinn                Rice                 Richardson
Riser                Sandifer             Seithel
Sharpe               Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Whatley
Whipper, L.          Whipper, S.          White
Wilder               Wilkins              Williams
Wofford              Wright               Young-Brickell

Total--87

Those who voted in the negative are:

Allison              Davenport            Hallman
Herdklotz            Keyserling           Kirsh
Lee                  Mason                Robinson
Sheheen              Walker               Wells
Wilkes

Total--13

So, the Bill was read the second time and ordered to third reading.

RECURRENCE TO THE MORNING HOUR

Rep. FELDER moved that the House recur to the morning hour, which was agreed to.


Printed Page 3756 . . . . . Thursday, May 16, 1996

SPEAKER PRO TEMPORE IN CHAIR

CONCURRENT RESOLUTION

The following was introduced:

H. 5036 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION TO HONOR THE HONORABLE CEBRON DANIEL "C.D." CHAMBLEE OF ANDERSON FOR HIS TRULY OUTSTANDING SERVICE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THE ANNOUNCEMENT OF HIS RETIREMENT.

Whereas, The Honorable Cebron Daniel "C.D" Chamblee recently announced that he would not seek reelection to the South Carolina House of Representatives; and

Whereas, Representative Chamblee's retirement will mark the end of sixteen years of dedicated service to the citizens of Anderson County and the State of South Carolina; and

Whereas, C.D. was born on November 9, 1928, in Anderson, South Carolina, to Ernest C. and Mamie (Rogers) Chamblee; and

Whereas, he graduated from Anderson Boys' High in 1945 and attended Clemson University; and

Whereas, Representative Chamblee is married to the former Marian Sue Bratcher, and the couple has four children, Cary D., Tim, Mark, and Mrs. M.D. (Jenny) Renedo; and

Whereas, our good friend was first elected to the House of Representatives in 1977 and continued to serve through 1982; and

Whereas, he returned in 1985 to the House of Representatives and has conscientiously represented the citizens of Anderson County until the end of his term in 1996; and

Whereas, Representative Chamblee has served on the Invitations and Memorial Resolutions Committee as Vice Chairman; Medical, Military, Public and Municipal Affairs as First Vice Chairman; and currently serves on House Ways and Means Committee; and

Whereas, he was named Young Farmer of the Year for District 1, 1962; Jaycees South Carolina Outstanding Young Farmer, first runnerup, 1962; and FFA State Farmer, 1968; and

Whereas, Representative Chamblee is a Mason of the Divver Lodge and Shriner; and served as Treasurer, Anderson Water Commission, 1969-76; Director, Farm Bureau; member, Board of Visitors, Clemson University, 1979; Anderson Vocational Rehabilitation Center, 1982-84; and member, Board of the Medical University of South Carolina, 1987-88; and


Printed Page 3757 . . . . . Thursday, May 16, 1996

Whereas, he is currently a member and Deacon of Providence Baptist Church; and

Whereas, the members of the General Assembly have appreciated his friendship and will always consider him a good friend; and

Whereas, the example of public service set by this truly outstanding man is a credit not only to himself and his family but to his city, county, and State as well. 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, are proud to honor The Honorable Cebron Daniel "C.D." Chamblee of Anderson for his truly outstanding service in the South Carolina House of Representatives on the announcement of his retirement.

Be it further resolved that a copy of this resolution be presented to The Honorable Cebron Daniel "C.D." Chamblee.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5037 -- Reps. Cooper, Townsend, Stille, Carnell and McAbee: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE JOHN W. TUCKER, JR., OF ANDERSON COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND TO EXPRESS OUR DEEP DISAPPOINTMENT UPON LEARNING OF HIS DECISION NOT TO OFFER FOR REELECTION AFTER RELENTLESSLY SERVING HIS DISTRICT AND THE CITIZENS OF SOUTH CAROLINA FOR TWELVE YEARS AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS.

Whereas, the Honorable John W. Tucker, Jr. of Anderson County has represented the citizens of House District Number 6 in the General Assembly for twelve years; and

Whereas, John has been recognized for his distinguished service through numerous awards; he was named Legislator of the Year for Appalachian Health District I for 1993 and 1994 and he received the MADD (Mothers Against Drunk Driving) Certificate of Merit for the 1987-1988 session; and


Printed Page 3758 . . . . . Thursday, May 16, 1996

Whereas, John has distinguished himself in the legislature by holding numerous leadership positions; he currently serves as the Chairman of the Judiciary Committee for the House of Representatives and he has also served as Chairman of the Adult Crime and Crime Study Committees of the House of Representatives; he served as First Vice Chairman for the Judiciary Committee prior to becoming its chairman; he has also presided over the House in the Speaker's capacity on five separate occasions and has chaired the assembly in a meeting of the committee of the whole; and

Whereas, in addition to the Judiciary Committee, John has unselfishly contributed his judicial knowledge to the Healthcare, Planning and Oversight Committee, Rules Committee and Prosecution Coordination Commission; and

Whereas, John has always contributed his time and talents to the needs of his constituents by staying involved in numerous activities in and around his Anderson district; he has been a member of the Anderson Rotary Club from 1981 to 1982 and the Advisory Board of the Anderson Vocational Rehabilitation Board from 1988 to 1993; he is a member of the Fraternal Order of Police Lodge Number 10 and First Presbyterian Church of Anderson; he also serves on the Advisory Board for the Anderson County Fair, the Board of Trustees for the Anderson Area Medical Center, the Commission of the Anderson Unit of the American Cancer Society and was Chairman of the Anderson Area Transportation Study Committee; and

Whereas, while serving the General Assembly, John has been widely known for his knowledge and understanding of complex issues, his tenacity, his diligence, his concern for others, and his overriding desire to make South Carolina a better place in which to live; and

Whereas, John's constituents have always expressed their appreciation for his prompt response to their concerns through correspondence, newspaper editorials and appearances; and

Whereas, we have long admired John for his commitment to excellence, his hard work, and his leadership qualities, and we have deeply appreciated his friendship, loyalty and humor throughout his years of legislative service; and

Whereas, we are disappointed that he has chosen not to seek re-election to the House of Representatives in 1996; and

Whereas, we want John to know how truly valuable he has been to the State of South Carolina and that his presence among us will be grealy missed.

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


Printed Page 3759 . . . . . Thursday, May 16, 1996

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable John W. Tucker, Jr., of Anderson County, our distinguished colleague and friend for his twelve years of outstanding legislative service to the people of South Carolina.

Be it further resolved that a copy of this resolution be presented to Representative John Tucker.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5038 -- Reps. Cooper, Townsend, Stille, Carnell, McAbee, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, 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, D. Smith, R. Smith, Spearman, Stoddard, Stuart, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEP DISAPPOINTMENT OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON LEARNING OF THE DECISION OF THE HONORABLE PATRICK BRADLEY HARRIS OF ANDERSON COUNTY NOT TO OFFER FOR REELECTION AFTER TWENTY-EIGHT YEARS OF CONTINUOUS SERVICE IN THE HOUSE OF REPRESENTATIVES AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS ON THE OCCASION OF HIS RETIREMENT.

Whereas, The Honorable Patrick Bradley Harris, affectionately known as "Mr. Pat", has been an esteemed member of the General Assembly and


| Printed Page 3740, May 16 | Printed Page 3760, May 16 |

Page Finder Index