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 840, Feb. 21 | Printed Page 860, Feb. 21 |

Printed Page 850 . . . . . Wednesday, February 21, 1996

H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Koon, Limehouse, White, Wright, Stille, Keyserling, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4650 -- Reps. Elliott, Littlejohn, Allison, Walker and Davenport: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 49 SO AS TO PROVIDE PROVISIONS REGULATING TOWING AND WRECKER SERVICE PROVIDERS; AND TO REPEAL SECTION 56-5-2525, RELATING TO A TOWING COMPANY THAT TOWS A VEHICLE WITHOUT THE OWNER'S KNOWLEDGE.

Referred to Committee on Labor, Commerce and Industry.

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


Printed Page 851 . . . . . Wednesday, February 21, 1996

BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 4652 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND SECTION 47-3-75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO ESTABLISH PENALTIES FOR VIOLATING THIS SECTION AND FOR BOARDING ANIMALS OF OTHERS AS DESCRIBED IN THIS SECTION.

Referred to Committee on Judiciary.

S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

Referred to Dorchester County Delegation.

S. 1116 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1853, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 1118 -- Education Committee: A BILL TO REVISE THE MANNER IN WHICH FUNDS OF THE EDUCATIONAL ASSISTANCE ENDOWMENT FUND ARE DISTRIBUTED FOR FISCAL YEAR 1995-96 BY DELETING A REQUIREMENT THAT A SPECIFIED DOLLAR AMOUNT BE USED FOR HIGHER EDUCATION SCHOLARSHIP GRANTS, AND TO REPEAL


Printed Page 852 . . . . . Wednesday, February 21, 1996

PARAGRAPH 72.71, SECTION 72, PART 1B OF ACT 145 OF 1995 WHICH SPECIFIES THE MANNER IN WHICH THESE FUNDS MUST BE DISTRIBUTED FOR FISCAL YEAR 1995-96.

Referred to Committee on Education and Public Works.

ROLL CALL

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

Allison              Anderson             Bailey
Baxley               Breeland             Brown, G.
Brown, H.            Brown, J.            Brown, T.
Byrd                 Cain                 Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Cromer               Dantzler             Davenport
Delleney             Easterday            Elliott
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harrison             Harvin               Haskins
Herdklotz            Hines, J.            Hines, M.
Hodges               Howard               Hutson
Jaskwhich            Jennings             Keegan
Kelley               Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Martin               Mason
McAbee               McCraw               McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neal                 Neilson
Quinn                Rhoad                Rice
Richardson           Riser                Robinson
Rogers               Sandifer             Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Thomas               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.

Printed Page 853 . . . . . Wednesday, February 21, 1996

White                Wilder               Wilkes
Williams             Witherspoon          Wofford
Worley               Wright               
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, February 21. David H. Wilkins John L. Scott, Jr. Harry R. Askins Olin R. Phillips Annette Young-Brickell Jackson S. Whipper W. Jeffrey Young Curtis B. Inabinett John G. Felder Jerry N. Govan, Jr. William D. Boan Ralph W. Canty Joseph T. McElveen, Jr.

Total Present--120

LEAVES OF ABSENCE

The SPEAKER Pro Tempore granted Rep. BOAN a temporary leave of absence for the day due to family illness.

The SPEAKER Pro Tempore granted Rep. KENNEDY a leave of absence for the day due to the death of his mother.

The SPEAKER Pro Tempore granted Rep. CARNELL a leave of absence for the day.

STATEMENT OF ATTENDANCE

Reps. FLEMING and BOAN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, February 20.

DOCTOR OF THE DAY

Announcement was made that Dr. Coleman Floyd of Florence is the Doctor of the Day for the General Assembly.

SPEAKER IN CHAIR

SPECIAL PRESENTATION

Rep. WELLS, on behalf of the Spartanburg Delegation presented to the House the students, parents, and officials from the S.C. School for the


Printed Page 854 . . . . . Wednesday, February 21, 1996

Deaf and Blind, recognizing the students for their outstanding accomplishments and performance for the House.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.

H. 4626 -- Reps. Fleming and Wilder: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 9 AND 12, 1996, MISSED BY STUDENTS OF THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE 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.

H. 4354 -- Reps. Robinson, Walker, Allison, D. Smith, Simrill and Kirsh: A BILL TO AMEND SECTION 23-28-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESERVE POLICE OFFICERS' DUTIES, SO AS TO NOT REQUIRE A RESERVE POLICE OFFICER TO BE ACCOMPANIED BY A FULL-TIME CERTIFIED SOUTH CAROLINA POLICE OFFICER, AND TO REQUIRE A RESERVE POLICE OFFICER TO BE IN PROXIMATE CONTACT WITH THE FULL-TIME OFFICER TO WHOM HE IS ASSIGNED.

ORDERED TO THIRD READING

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

S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT


Printed Page 855 . . . . . Wednesday, February 21, 1996

THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.

S. 1127 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.

Rep. THOMAS explained the Bill.

H. 4471--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.


Printed Page 856 . . . . . Wednesday, February 21, 1996

Rep. CATO proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22362SD.96), which was adopted.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. (A) An advisory referendum shall be held at the same time as the 1996 general election in Greenville County and in other areas which are a part of the School District of Greenville County on the question of whether or not the qualified electors of the district favor subdividing the district into three or more separate school districts, and whether or not they desire a plan of subdivision to be developed for their nonbinding approval in 1998. The advisory referendum for this purpose must be conducted by the election commissions of the respective counties in the school district at the same time as the 1996 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandi. The commissioners shall frame the question for the ballot, prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the advisory referendum.

(B) The question put before the qualified electors of the district at the 1996 advisory referendum shall read as follows:

"Do you favor subdividing the School District of Greenville County into three or more separate school districts and requiring a committee of county legislative delegation members and school board members to submit a plan of subdivision developed by the committee to the qualified electors of the district in 1998 for their nonbinding approval if the results of the 1996 advisory referendum are in favor of subdividing the district?"

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word "Yes", and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word "No".

(C) If the qualified electors of the district vote in favor of the question submitted at the 1996 advisory referendum provided for in subsection (A), a committee hereinafter established must develop a plan for subdividing the district into three or more separate school districts which shall be


Printed Page 857 . . . . . Wednesday, February 21, 1996

submitted by the committee to the qualified electors of the district for their nonbinding approval at an advisory referendum to be held for this purpose at the same time as the 1998 general election. The committee shall be composed of that number of members jointly determined by the Chairman of the Greenville County Legislative Delegation and the Chairman of the Board of Trustees of the Greenville County School District, with one-half of such members being members of the delegation appointed by the chairman thereof and one-half of such members being members of the school board appointed by the chairman thereof. The advisory referendum for this purpose must be conducted by the election commissions of the respective counties in the school district at the same time as the 1998 general election. The county commissioners of election shall conduct and supervise the advisory referendum in the manner governed by the election laws of this State, mutatis mutandi. The committee in conjunction with the commissioners of election shall frame the question for the ballot, and the commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the advisory referendum, including the counting of ballots and declaring the results. The commissioners shall advertise the date of the advisory referendum sixty days preceding it in a newspaper of general circulation in the district and shall publish a second notice thirty days before the advisory referendum.

(D) The results of the 1996 and 1998 advisory referendums may be considered by the Greenville County Legislative Delegation when determining whether or not to cause the school district to be so subdivided as provided by law in 1999 and thereafter, but the results of the 1996 and 1998 advisory referendums shall not require the school district to be so subdivided.

SECTION 2. This joint resolution takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. CATO explained the amendment.

The amendment was then adopted.

Rep. JASKWHICH proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22355SD.96), which was rejected.

Amend the joint resolution, as and if amended, by striking the last sentence of subsections (A) and (C) of SECTION 1 and inserting:


Printed Page 858 . . . . . Wednesday, February 21, 1996

/The costs of the referendum must be paid by the State from the state's general fund upon the certification to the Comptroller General by the Greenville County Election Commission of the costs thereof./

Renumber sections to conform.

Amend title to conform.

Rep. JASKWHICH explained the amendment.

The amendment was then rejected.

Rep. JASKWHICH proposed the following Amendment No. 3 (Doc Name P:\amend\GJK\22356SD.96), which was adopted.

Amend the joint resolution, as and if amended, by adding the following at the end of subsection (B) of SECTION 1:

/In addition to the question above provided in this subsection (B), the following additional question also shall be put before the qualified electors of the district at the 1996 advisory referendum:

"Which of the following forms do you favor for the composition of the Board of Trustees of the School District of Greenville County or for any other boards that may be established for other school districts of the county if you favor subdividing the Greenville County School District? Please select only one

[] Twelve members elected from defined election districts, which is the manner the Board of Trustees of the School District of Greenville County is presently constituted.

[] Nine members elected from the school district at large.

[] Nine members elected from nine defined election district.

[] Nine members, six elected from defined election districts and three elected from the school district at large.

Those voting in favor of a particular composition form shall deposit a ballot with a check or cross mark in the square opposite that form./

Amend further by adding the following at the end of subsection (C) of SECTION 1.

/If the qualified electors of the district at the 1996 advisory referendum also vote in favor of one of the three proposed nine member forms for the Board of Trustees of the Greenville County School District and for any other district that may be established if the results of the 1996 referendum favor subdividing the Greenville County School District, the plan required to be developed and submitted to the voters at the 1998 advisory referendum also may contain a specific proposal to establish such a nine member board for either the Greenville County School District or for any


Printed Page 859 . . . . . Wednesday, February 21, 1996

other district which the plan establishes for submission to the voters in 1998./

Renumber sections to conform.

Amend totals and title to conform.

Rep. JASKWHICH explained the amendment.

POINT OF ORDER

Rep. LOFTIS raised the Point of Order that Amendment No. 3 was out of order as it was not germane in that the main part called for the question of dividing the school district and that the amendment pertained to the board.

Rep. JASKWHICH argued contra the Point.

The SPEAKER stated that the main part was a revisory referendum regarding the school district of Greenville County and the amendment simply added another question to the ballot and he overruled the Point of Order.

The question then recurred to the adoption of the amendment.

Rep. McMAHAND demanded the yeas and nays, which were not ordered.

The amendment was then adopted by a division vote of 9 to 5.

The question then recurred to the passage of the Joint Resolution, as amended, on second reading.

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

Yeas 8; Nays 5

Those who voted in the affirmative are:

Cato                 Easterday            Haskins
Jaskwhich            Rice                 Stoddard
Tripp                Vaughn

Total--8
Printed Page 860 . . . . . Wednesday, February 21, 1996

Those who voted in the negative are:
Anderson             Herdklotz            Loftis
McMahand             Wilkins              

Total--5

So, the Joint Resolution, as amended, was read the second time and ordered to third reading.


| Printed Page 840, Feb. 21 | Printed Page 860, Feb. 21 |

Page Finder Index