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 600, Feb. 6 | Printed Page 620, Feb. 6 |

Printed Page 610 . . . . . Tuesday, February 6, 1996

(b) sought or been offered a conditional pledge of support by a legislator pending the outcome of screening; or

(c) asked third persons to contact members of the General Assembly prior to screening.

Judge Anderson testified that he was aware of the Joint Committee's rule regarding the formal and informal release of the Screening Report.

Judge Anderson testified that he was aware of the requirement of reporting campaign expenditures in excess of $100 to the House and Senate Ethics Committees.

(10) Miscellaneous:

Judge Anderson meets the constitutional requirements for the office he seeks.

The Bar found Judge Anderson qualified. The Bar reported that Judge Anderson "is considered an intelligent, diligent, hardworking administrative law judge. He is described as an independent judge who is not afraid to make tough, unpopular decisions in accordance with the law. Judge Anderson is well regarded by his peers and other members of the legal community as a judge who is fair and even tempered. His demeanor was described as very good."

Conclusion

The following persons were unanimously[1] found qualified:

H. T. Abbott, III

Lee S. Alford

Ralph K. Anderson, Jr.

Ralph King (Tripp) Anderson, III

Robert S. Armstrong

James R. Barber, III

Stephen S. Bartlett

John L. Breeden, Jr.

James E. Brogdon, Jr.

Timothy L. Brown

Walter B. Brown, Jr.

Thomas C. Cofield

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[1] Senator Saleeby did not participate in the screening nor determination of qualification for Jean H. Toal or Tom J. Ervin. Representative Delleney did not participate in the determination of qualification for any candidate in the Circuit Court At-Large, Seat 13 race.


Printed Page 611 . . . . . Tuesday, February 6, 1996

Susan Kaye Davis

R. Scott Dover

Dale L. DuTremble

Tom J. Ervin

Clifford F. Gaddy, Jr.

Ruben L. Gray

Ernest Hamilton

Douglas L. Hinds

William L. Howard

Thomas E. Huff

Deadra L. Jefferson

Robert N. Jenkins, Sr.

Alvin D. Johnson

Susan I. Johnson

Selma T. Jones

Howard P. King

John W. Kittredge

Jack A. Landis

Wallace K. Lightsey

Bobby H. Mann, Jr.

J. C. Nicholson, Jr.

Regan A. Pendleton

O. Grady Query

Wyatt T. Saunders

Joseph D. Shine

Charles B. Simmons, Jr.

David A. Soderlund, Sr.

James A. Spruill, III

H. Samuel Stilwell

Jean H. Toal

James C. Williams, Jr.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Chairman
/s/Representative F. Greg Delleney, Jr., Vice-Chairman
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Senator John R. Russell
/s/Representative Ralph W. Canty
/s/Representative William Douglas Smith
/s/Representative L. Hunter Limbaugh


Printed Page 612 . . . . . Tuesday, February 6, 1996

The following candidate was found qualified by a majority of the Committee:

Thomas C. Dillard
Respectfully submitted,
/s/Representative F. Greg Delleney, Jr., Vice-Chairman
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Representative Ralph W. Canty
/s/Representative William Douglas Smith

Thomas C. Dillard was found not qualified by a minority of the Committee.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Chairman
/s/Senator John R. Russell
/s/Representative L. Hunter Limbaugh

The following candidate was found qualified by a majority of the Committee[1]:

Brenda Reddix-Smalls
Respectfully submitted,
/s/Senator Edward E. Saleeby
/s/Senator Thomas L. Moore
/s/Representative Ralph W. Canty
/s/Representative William Douglas Smith

Brenda Reddix-Smalls was found not qualified by a minority of the Committee.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Chairman
/s/Senator John R. Russell

On motion of Rep. D. SMITH, the report was ordered printed in the Journal.

------------------------------------------

[1] Representatives Delleney and Limbaugh did not participate in the determination of qualification for Brenda Reddix-Smalls.


Printed Page 613 . . . . . Tuesday, February 6, 1996

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1907
Promulgated By Department of Labor, Licensing and Regulation State Athletic Commission
Combative Sports
Received By Speaker February 1, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 31, 1996

SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.

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.

SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN SIXTY DAYS OF THE GENERAL ELECTION.

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.


Printed Page 614 . . . . . Tuesday, February 6, 1996

REPORT OF STANDING COMMITTEE

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

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.

S. 1024--ADOPTED AND SENT TO THE SENATE

On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

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.

Whereas, The Easter Seal Society of South Carolina has again embarked upon its most worthwhile project to raise funds for people with disabilities, culminating in the forty-third annual "B.A.C. - Coffee Day for People with Disabilities" in South Carolina on Good Friday, April 5, 1996; and

Whereas, under the statewide leadership of Lynn B. Bagnal, State Easter Seal Chairwoman, and Mary Wood Beasley, State Campaign Chairperson, ably assisted by W. C. Bain, State President and John L. Caudle, II, Executive Director of the South Carolina Law Enforcement Officers' Association, and Thomas L. Sponseller, Executive Director, and Robert Williams, State President of the South Carolina Restaurant Association, this program is destined to raise thousands of dollars to aid


Printed Page 615 . . . . . Tuesday, February 6, 1996

our very deserving children and adults and assist them in overcoming their disabilities; and

Whereas, the "B.A.C." buttons go on sale Wednesday, March 13, 1996; and

Whereas, the "B.A.C." project and all other programs of Easter Seals deserve the support, merit and praise of all citizens of the State. Now, therefore,

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

That Wednesday, March 13, 1996, is designated "Disabilities Day" in South Carolina and that Kevin Seay, son of Vickie Seay of Spartanburg; Quincy Allen Wells, son of Martha Wells of Greenwood County; Amanda Fields, daughter of Charles and Sherry Fields of Anderson County; Mr. Bradley O'Dell of Greenville; Charlene Hughes, daughter of Bobby and Bonnie Hughes of Georgetown; Kenny Hardee, son of Dina Hardee of West Columbia and Kenny Hardee, Sr. of Lexington; Amber Michelle Quarles, daughter of Laurey and Darrin Kirby of Florence County; who have been chosen to serve as State Easter Seal Representatives, be presented to the General Assembly, along with their parents, in a joint session in the Hall of the House of Representatives on Wednesday, March 13, 1996.

Be it further resolved that the General Assembly extends to Easter Seals and its many dedicated supporters its sincere wishes for continued success in its many constructive and compassionate programs on behalf of persons with disabilities.

Be it further resolved that a copy of this resolution be forwarded to Joseph D. Jones, President and Chief Executive Officer of Easter Seals, for distribution to the state chairmen of the various phases of the Easter Seal campaign and the "B.A.C." project, as well as to the state Easter Seal Representatives themselves.

The Concurrent Resolution was adopted and ordered returned to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1095 -- Senator O'Dell: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION AND ADMIRATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING AND DISTINGUISHED SERVICE OF DR. E. F. MATHIS, SR. UPON THE OCCASION OF HIS RETIREMENT FROM


Printed Page 616 . . . . . Tuesday, February 6, 1996

MT. ZION BAPTIST CHURCH AND TO WISH HIM MANY HAPPY AND FULFILLING YEARS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1096 -- Senator Richter: A CONCURRENT RESOLUTION TO RECOGNIZE AND EXTEND THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MS. BIRDIE LEWIS SANDERS FOR HER DEDICATION TO THE CHILDREN OF CHARLESTON COUNTY DURING HER MANY YEARS IN THE CLASSROOM.

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. 4539 -- Reps. Meacham, Stoddard, Phillips, Wells, Allison and Fleming: A BILL TO AMEND SECTION 61-9-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY SPECIAL FUNCTIONS BEER AND WINE SALES PERMIT, SO AS TO ALLOW THESE SPECIAL PERMITS TO BE ISSUED ONLY FOR FUNCTIONS IN JURISDICTIONS WHERE PERMITS AUTHORIZING SUNDAY SALES OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS ARE ALLOWED PURSUANT TO A FAVORABLE VOTE IN THE REFERENDUM REQUIRED FOR SUCH PERMITS.

Referred to Committee on Judiciary.

H. 4540 -- Reps. Simrill, Kirsh and Moody-Lawrence: A BILL TO AMEND SECTION 33-56-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR A WILFUL VIOLATION OF CERTAIN PROVISIONS OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO INCREASE THE PENALTIES FOR VIOLATION.

Referred to Committee on Judiciary.


Printed Page 617 . . . . . Tuesday, February 6, 1996

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.

Referred to Committee on Judiciary.

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".

Referred to Committee on Labor, Commerce and Industry.

H. 4543 -- Reps. Rice, Herdklotz, Easterday, Bailey, Clyburn, Robinson, Vaughn, Cato and D. Smith: A BILL TO AMEND SECTIONS 27-37-20 AND 27-37-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EJECTMENT OF TENANTS BY LANDLORDS, SO AS TO REDUCE FROM TEN DAYS TO FIVE DAYS THE TIME WITHIN WHICH A TENANT MUST APPEAR AND SHOW CAUSE WHY HE SHOULD NOT BE EJECTED; TO AMEND SECTION 27-37-60, RELATING TO TRIAL OF EJECTMENT CASES, SO AS TO PROVIDE THAT THE MAGISTRATE SHALL GIVE SUCH CASES FIRST PRIORITY; AND TO AMEND SECTION 27-37-100, RELATING TO A MAGISTRATE ISSUING A WRIT OF EJECTMENT FOLLOWING A VERDICT FOR THE PLAINTIFF, SO AS TO PROVIDE THAT SUCH WRITS OF EJECTMENT MUST BE ISSUED IMMEDIATELY RATHER THAN WITHIN FIVE DAYS OF THE VERDICT.

Referred to Committee on Judiciary.

H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO


Printed Page 618 . . . . . Tuesday, February 6, 1996

AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4545 -- Reps. Klauber, Simrill, Askins, Chamblee, Mason, R. Smith, Limehouse, Young-Brickell, Koon, Wright, Herdklotz, Sharpe, Knotts, Tripp, Elliott, Fulmer, D. Smith, Gamble, Quinn, Kennedy, Vaughn, Rice, Cato, Bailey, Wofford, Davenport, Whatley, Haskins, Worley, J. Young, Littlejohn, Law, Allison, Riser, Witherspoon, Lanford and Carnell: A BILL TO AMEND SECTION 58-27-865, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, RATES AND CHARGES, ESTIMATES OF FUEL COSTS, REPORTS, AND ADJUSTMENT OF DIFFERENCE BETWEEN ACTUAL AND ESTIMATED COSTS, SO AS TO DEFINE "COST" FOR THE PURPOSES OF THIS SECTION, DELETE CERTAIN LANGUAGE, PROVIDE THAT IT MUST BE CONCLUSIVELY PRESUMED THAT AN ELECTRICAL UTILITY MADE EVERY REASONABLE EFFORT TO MINIMIZE COST ASSOCIATED WITH THE OPERATION OF ITS NUCLEAR GENERATION FACILITY OR SYSTEM, AS APPLICABLE, IF THE UTILITY ACHIEVED A NET CAPACITY FACTOR OF NINETY PERCENT OR HIGHER DURING THE PERIOD UNDER REVIEW.

Referred to Committee on Labor, Commerce and Industry.

H. 4546 -- Reps. Klauber, Askins, Mason, Chamblee, R. Smith, Meacham, Wright, Elliott, Koon, D. Smith, Knotts, Herdklotz, Witherspoon, Sharpe, Bailey, Gamble, Fulmer, Tripp, Whatley, Law, Kennedy, Vaughn, Rice, Quinn, Cato, Davenport, Wofford, Haskins, Worley, Littlejohn, Riser, J. Young, Young-Brickell, Lanford, Simrill, and Carnell: A BILL TO AMEND SECTION 58-27-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRIC UTILITIES AND ELECTRIC COOPERATIVES, THE DISPOSITION OF PROPERTIES, POWERS, FRANCHISES, OR PRIVILEGES, AND THE PERMISSION TO SELL CERTAIN OUT-OF-STATE PROPERTY, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE TO "UTILITY


Printed Page 619 . . . . . Tuesday, February 6, 1996

PROPERTY", DELETE REFERENCES TO OUT-OF-STATE PROPERTY, DELETE THE REQUIREMENT OF A HEARING, AND DEFINE "UTILITY PROPERTY" FOR PURPOSES OF THIS SECTION.

Referred to Committee on Labor, Commerce and Industry.

H. 4547 -- Reps. Stuart, McMahand, Neilson, J. Harris, Wilkes, Felder, Cobb-Hunter, Inabinett, P. Harris, Lloyd, Koon, McAbee, Shissias, Rhoad, T. Brown, Byrd, Clyburn, Knotts, Kennedy, Hodges, Cotty, Harvin, Kelley, Neal, Wilder, Gamble, Phillips, Riser, Spearman, Govan, M. Hines, J. Brown and Cave: 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 AND FACILITIES, AND PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES BY WHICH THESE FUNDS SHALL BE ALLOCATED TO THE VARIOUS RECIPIENTS.

Referred to Committee on Education and Public Works.

POINT OF ORDER

Rep. STUART raised the Point of Order that H. 4547 should have been referred to the Ways and Means Committee in compliance with Rule 4.4, paragraph five, which states that no statewide bill directly appropriating money shall be considered by the House until after such bill has been referred to the Ways and Means Committee.

The SPEAKER stated that it did not appropriate new monies, but it was a part of the Barnwell funds appropriated last year in the budget. He further stated that he was not required to send it to Ways and Means Committee and he overruled the Point of Order.

H. 4548 -- Rep. Boan: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO, AMONG OTHER THINGS, THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO REVISE DEFINITIONS, DELETE ISSUANCE APPROVAL REQUIREMENTS BY THE STATE BUDGET AND CONTROL BOARD, EXTEND THE BOND AUTHORITY TO RECONSTRUCTION, RENOVATION, AND EQUIPPING OF ATHLETIC FACILITIES, CONFORM PROVISIONS TO REVISED DEFINITIONS, DELETE THE REQUIREMENT THAT ALL HOME FOOTBALL GAMES BE PLAYED AT THE UNIVERSITY'S STADIUM, TO ALLOW THE ISSUE OF TERM BONDS, AND


Printed Page 620 . . . . . Tuesday, February 6, 1996

DELETE SPECIFIC REQUIREMENTS RELATING TO BOND MATURITIES, TO EXTEND THE TAX EXEMPTIONS OF SUCH BONDS AND DELETE AN OBSOLETE REFERENCE, TO DELETE LIMITATIONS AND OBSOLETE PROVISIONS RELATING TO THE SALE OF THESE BONDS, TO MAKE VOLUNTARY THE ESTABLISHMENT OF A BOND RESERVE FUND AND TO ALLOW OTHER PROCEEDS TO BE CREDITED TO THE DEBT SERVICE FUND OR BOND RESERVE FUND, AND TO AUTHORIZE TRUSTEES ADDITIONAL POWERS WITH RESPECT TO THE USE OF PROCEEDS OF THESE BONDS.

Referred to Committee on Ways and Means.


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