Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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Printed Page 4260 . . . . . Tuesday, May 28, 1996
Whereas, the Honorable Ralph Anderson of Greenville has represented the citizens of District Number 23 in the House of Representatives since 1991; and

Whereas, Representative Anderson has always worked for the well-being of his district and of the State as a whole; and

Whereas, he has devoted his time, talents, and energy to the people of South Carolina as a member of the General Assembly and has been a truly effective lawmaker; and

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

Whereas, we want him to know that we appreciate his friendship, his contributions to good government, and his dedication. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Honorable Ralph Anderson of Greenville County, our good friend and distinguished colleague in the General Assembly, for his exemplary legislative service.

Be it further resolved that a copy of this resolution be forwarded to Representative Anderson.

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

ROLL CALL

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

Allison              Anderson             Bailey
Baxley               Beck                 Boan
Breeland             Brown, G.            Brown, H.
Brown, J.            Cain                 Canty
Printed Page 4261 . . . . . Tuesday, May 28, 1996
Carnell              Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cooper               Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Felder               Fleming
Fulmer               Gamble               Govan
Hallman              Harrell              Harris, J.
Harris, P.           Hines, J.            Hines, M.
Howard               Hutson               Inabinett
Jennings             Kelley               Keyserling
Kinon                Kirsh                Klauber
Knotts               Koon                 Lanford
Law                  Lee                  Limbaugh
Limehouse            Littlejohn           Lloyd
Loftis               Mason                McAbee
McCraw               McKay                McMahand
McTeer               Moody-Lawrence       Neilson
Phillips             Rhoad                Rice
Richardson           Riser                Robinson
Rogers               Sandifer             Scott
Seithel              Sharpe               Sheheen
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Townsend             Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Whipper, L.          Whipper, S.          Wilder
Wilkins              Williams             Witherspoon
Wofford              Young-Brickell       

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, May 28.
James H. Hodges Joseph H. Neal
Richard M. Quinn, Jr. Juanita M. White
David A. Wright June S. Shissias
Becky Meacham  Alma W. Byrd
Joseph T. McElveen, Jr. Michael F. Jaskwhich
Timothy C. Wilkes W. Jeffrey Young
Printed Page 4262 . . . . . Tuesday, May 28, 1996
Daniel L. Tripp  C. Alex Harvin III
Harry R. Askins L. Morgan Martin

Total Present--114

LEAVES OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence for the week.

The SPEAKER granted Reps. HASKINS and HERDKLOTZ a leave of absence for the day.

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

DOCTOR OF THE DAY

Announcement was made that Dr. Dick Gross of Charleston is the Doctor of the Day for the General Assembly.

COMMUNICATION

The following was received.

STATE OF SOUTH CAROLINA

OFFICE OF THE SECRETARY OF STATE

May 28, 1996
Mrs. Sandra McKinney
Clerk of The House of Representatives
State House
Columbia, South Carolina 29201

Dear Mrs. McKinney:

Under date of May 24, 1996, the State Election Commission certified to this office the results of the election in House District Eighty-three, held in South Carolina on May 21, 1996. The Certification shows that Honorable Scott Beck has been elected to the South Carolina House of Representatives, District Eighty-three.

I, therefore, certify that Honorable Scott Beck has been elected as a member of the South Carolina House of Representatives from District Eighty-three, for a term as prescribed by law.

Printed Page 4263 . . . . . Tuesday, May 28, 1996
Yours very truly,
Jim Miles
Secretary of State

Received as information.

MEMBER-ELECT SWORN IN

Mr. Scott Beck, member-elect from District Number 83, presented his credentials and the oath of office was administered to him by the SPEAKER.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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.

S. 1416 -- Senator Gregory: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.

S. 913--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 29, which was adopted.

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.

Printed Page 4264 . . . . . Tuesday, May 28, 1996
S. 1284--RECOMMITTED

The following Bill was taken up.

S. 1284 -- Senator Thomas: 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.

Rep. LIMBAUGH moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

S. 1219--INTERRUPTED DEBATE

The following Bill was taken up.

S. 1219 -- Education Committee: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO KINDERGARTEN PROGRAMS, SO AS TO PROVIDE THAT BEGINNING WITH SCHOOL YEAR 1996-97, THE BOARD OF TRUSTEES OF A DISTRICT SHALL IMPLEMENT FULL-DAY AS WELL AS HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS, TO PROVIDE THAT PARENTS OF CHILDREN WHO ARE ELIGIBLE TO ATTEND FIVE-YEAR-OLD KINDERGARTEN MAY ELECT AT THEIR OPTION EITHER THE FULL-DAY OR HALF-DAY PROGRAM FOR THEIR CHILDREN, TO REQUIRE CERTAIN NOTICES FOR PURPOSES OF THESE KINDERGARTEN PROGRAMS, AND TO PROVIDE FOR THE MANNER IN WHICH CHILDREN ATTENDING THESE PROGRAMS SHALL BE COUNTED

Printed Page 4265 . . . . . Tuesday, May 28, 1996
FOR PURPOSES OF COMPUTING AVERAGE DAILY MEMBERSHIP; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO PROVIDE PROCEDURES FOR SCHOOL DISTRICTS AND SCHOOLS TO OBTAIN WAIVERS FROM THE ABOVE REQUIREMENTS THAT FULL-DAY AND HALF-DAY FIVE-YEAR-OLD KINDERGARTEN PROGRAMS BE ESTABLISHED.

Rep. McTEER explained the Bill.

Rep. TOWNSEND moved to adjourn debate upon the Bill until Wednesday, May 29.

Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:

Yeas 49; Nays 51

Those who voted in the affirmative are:

Allison              Beck                 Boan
Brown, H.            Cain                 Cato
Chamblee             Cooper               Dantzler
Easterday            Felder               Fleming
Fulmer               Gamble               Harrell
Hutson               Kelley               Klauber
Knotts               Koon                 Lanford
Limbaugh             Limehouse            Littlejohn
Loftis               Mason                Quinn
Rice                 Riser                Robinson
Sandifer             Seithel              Sharpe
Smith, D.            Smith, R.            Spearman
Stille               Stuart               Townsend
Trotter              Vaughn               Waldrop
Walker               Wells                Whatley
Wilkins              Witherspoon          Wofford
Young-Brickell

Total--49

Those who voted in the negative are:

Anderson             Bailey               Baxley
Breeland             Brown, G.            Brown, J.
Canty                Carnell              Cave
Clyburn              Cobb-Hunter          Cotty
Printed Page 4266 . . . . . Tuesday, May 28, 1996
Delleney             Govan                Hallman
Harris, J.           Harris, P.           Harvin
Hines, J.            Hines, M.            Hodges
Inabinett            Jennings             Keyserling
Kinon                Kirsh                Lee
Lloyd                McCraw               McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Neilson              Phillips
Rhoad                Richardson           Rogers
Scott                Sheheen              Shissias
Simrill              Stoddard             Tucker
Whipper, L.          Whipper, S.          Wilder
Williams             Wright               Young

Total--51

So, the House refused to adjourn debate.

Further proceedings were interrupted by a request for Free Conference powers, the pending question being consideration of the Bill.

H. 3961--FREE CONFERENCE POWERS GRANTED

Rep. DELLENEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO

Printed Page 4267 . . . . . Tuesday, May 28, 1996
REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE
Printed Page 4268 . . . . . Tuesday, May 28, 1996
ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.

The yeas and nays were taken resulting as follows:

Yeas 97; Nays 2

Those who voted in the affirmative are:

Allison              Bailey               Beck
Boan                 Brown, G.            Brown, H.
Brown, J.            Byrd                 Cain
Canty                Carnell              Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Dantzler             Delleney             Easterday
Felder               Fleming              Fulmer
Gamble               Govan                Hallman
Harrell              Harris, J.           Harris, P.
Harvin               Hines, J.            Hines, M.
Hodges               Howard               Hutson
Inabinett            Jennings             Kelley
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               Martin
Mason                McCraw               McKay
McTeer               Meacham              Moody-Lawrence
Neal                 Neilson              Phillips
Quinn                Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Townsend             Trotter              Tucker
Waldrop              Walker               Wells
Whatley              White                Wilder
Wilkins              Williams             Witherspoon
Printed Page 4269 . . . . . Tuesday, May 28, 1996
Wofford              Wright               Young
Young-Brickell

Total--97

Those who voted in the negative are:

Rogers               Vaughn

Total--2

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. DELLENEY, D. SMITH and FLEMING to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 3961--FREE CONFERENCE REPORT ADOPTED

FREE CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 21, 1996

The COMMITTEE OF FREE CONFERENCE, to whom was referred:

H. 3961 -- Reps. Wilkins, Harrison, D. Smith, Huff, Cromer, Fulmer, Wells, Meacham, Cotty, Witherspoon, Wright, Tripp, H. Brown, Sharpe, Sandifer, Cain, Fair, Rice, Fleming, Mason, A. Young, Kelley, Herdklotz, Seithel, Riser, Haskins, Simrill, Keegan, Trotter, Hutson, R. Smith, Marchbanks, Harrell, Stuart, Klauber, Waldrop and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 6 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION COMMISSION AND TO ESTABLISH ITS POWERS, DUTIES, AND FUNCTIONS; TO AMEND SECTIONS 1-23-510, 1-23-520, 1-23-525, 1-23-530, AND 1-23-550, RELATING TO JUDGES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE JUDGES MUST BE APPOINTED BY THE GOVERNOR FROM A LIST OF NOMINEES SUBMITTED BY THE JUDICIAL MERIT SELECTION COMMISSION; 2-19-10, RELATING TO THE JOINT LEGISLATIVE COMMITTEE TO REVIEW CANDIDATES, SO AS TO DELETE PROVISIONS ON ELECTING THE MEMBERS OF THE JUDICIARY; 14-1-215, AS

Printed Page 4270 . . . . . Tuesday, May 28, 1996
AMENDED, RELATING TO RETIRED JUDGES OR JUSTICES PRESIDING IN CERTAIN COURTS, SO AS TO FURTHER PROVIDE FOR THE MANNER AND CONDITIONS OF THIS SERVICE; 14-3-10, RELATING TO THE COMPOSITION OF THE SUPREME COURT, SO AS TO PROVIDE THAT THE JUSTICES THEREOF SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED ABOVE INSTEAD OF ELECTED BY THE GENERAL ASSEMBLY; 14-3-20, RELATING TO THE QUALIFICATIONS OF JUSTICES TO THE SUPREME COURT, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR INSTEAD OF ELECTION BY THE GENERAL ASSEMBLY; 14-3-40, RELATING TO THE VACANCIES IN THE SUPREME COURT, SO AS TO PROVIDE FOR APPOINTMENTS TO FILL A VACANCY; 14-5 110, RELATING TO THE QUALIFICATIONS OF CIRCUIT COURT JUDGES, SO AS TO REFER TO THEIR APPOINTMENT RATHER THAN THEIR ELECTION; 14-5-160, RELATING TO THE ASSIGNMENT OF A JUDGE TO FILL A VACANCY, SO AS TO PROVIDE THE PROCEDURE TO FILL A VACANCY; 14-5-610, AS AMENDED, RELATING TO JUDICIAL CIRCUITS AND ELECTION OF JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-20, RELATING TO THE ELECTION OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-30, RELATING TO THE QUALIFICATIONS OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR APPOINTMENT BY THE GOVERNOR; 14-8-40, RELATING TO THE OATH OF OFFICE OF JUDGES OF THE COURT OF APPEALS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 14-8-60, RELATING TO THE VACANCIES ON THE COURT OF APPEALS, SO AS TO PROVIDE FOR THE PROCEDURE TO FILL A VACANCY; 20-7-1370, AS AMENDED, RELATING TO THE QUALIFICATIONS AND TERMS OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; 20-7-1410, RELATING TO THE INITIAL ELECTION OF FAMILY COURT JUDGES, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR; TO REPEAL SECTIONS 2-19-70 AND 2-19-80, RELATING TO THE PROHIBITION AGAINST PLEDGING AND REOPENING OF FILING WHERE INCUMBENT JUDGES WITHDRAW, DIE, OR ARE FOUND NOT QUALIFIED, RESPECTIVELY; AND TO PROVIDE THAT THE ABOVE
Printed Page 4271 . . . . . Tuesday, May 28, 1996
PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING THE JUDICIAL MERIT SELECTION COMMISSION TO ASSIST THE GOVERNOR IN APPOINTING JUDGES FOR THE ABOVE-REFERENCED COURTS.
Beg leave to report that they have duly and carefully considered the same and recommend:

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