1994 Permanent House Journal Printed Pages 3750-3760 - South Carolina Legislature Online

Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

Printed Page 3740, Mar. 23 | Printed Page 3760, Mar. 24

Printed Page 3750 . . . . . Wednesday, March 23, 1994

the American Legion family is the largest single organization in this country that represents mainstream American values on a day to day, person to person basis. And I am sure that you, who choose to serve as elected representatives of the people you live and work with, share many of those same values. Many of the things the American Legion stands for and works for toward the good of our communities, state and nation are similar to the things you work hard to achieve to make life better for the people of South Carolina. So once again, permit me to tell you how glad I am to join with my fellow Legionnaires of the American Legion family of South Carolina in thanking you for your work, and your interest and relationship to us. There is another thing which I would venture to say that we share. And that is our mutual concern about what is happening today to those values I spoke about. The values of Legion Founders considered so basic and important that they declared them as the guiding principles of the organization. The values which we all believe are so vital to the well-being of our nation and to each and every one of us. What is happening to the values like human dignity, the sanctity of life, the respect due another person and his property, especially the respect due parents and those in authority. What has happened to morality? What has happened to patriotism and love of country? What has happened to us when crime has become the most important concern of Americans? When we don't even feel safe in our own neighborhoods and homes? When random, drive by shootings are reported on the newscasts in almost every town in America? When children are carrying guns to school? A recent opinion poll in Time Magazine listed crime and declining morals and values as the two top problems Americans are worried about. What is happening to our country? I believe, and I suspect all of you agree that this nation is suffering from a deficit of values. As former President Nixon said recently, `we may have a budget deficit, but our real problem is a deficit of the spirit.' We now live in a country that has largely lost its sense of community and nationhood. Without a strong sense of community and common destiny, we as a society will never be able to solve the problems and social ills besetting us. Encouraging a strong sense of national unity might be the key, the important first step, toward a return to the values this nation was built upon. To do that, it is time to intensify a national campaign to restore respect for the symbols of our unity, our values and all that we believe this country stands for, and that includes the freedom from fear. And one of the most important symbols which deserves that respect, is the flag of the United States of America. How can we accept a Supreme Court decision that allows the American Flag to be set on fire, spit upon and trampled and consider that as a form of

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political expression protected by constitutional guarantees of free speech? Such acts are not speech, but are examples of violent, destructive and despicable conduct, which recognize no values or morals, and are incompatible with civilized society. That decision of the Supreme Court which de-emphasized the importance of the flag as symbolic to everything we hold dear, was just another part of the gradual undermining of the moral foundations and virtues of our society. I am convinced that the effects of that decision are clearly connected to declining values and morals in every segment of society and the result has been the rising use of drugs, increasing crime rates, total disregard for the lives of others, a general lack of individual responsibility, growing dishonesty in business and many other social ills we now endure. History has shown time and time again that symbolism and morale are vitally important in the rise and fall of nations. We need to put a stop to this decline in our national character and social well-being and we need to start right now. The American Legion is convinced that protecting the Flag of the United States from physical desecration is a good place to start. And because the Supreme Court answers only to the Constitution, and not to laws passed by Congress, we know that the only way to achieve flag protection is by means of a constitutional amendment. I'm talking about a narrowly drawn amendment which would allow the federal and state governments to enact laws to protect the flag from physical desecration. An amendment that sets aside a special place in the Constitution for the flag as a unique, living symbol of our national unity, of the sacrifices made to preserve the nation, and of all that this country has been and can be. Such an amendment would not change the First Amendment in any way. It would not tamper with the rights which the framers had in mind, when they themselves amended the document for the first of 26 times since. Four different Gallup Polls taken since that 1989 Supreme Court decision have shown that over 75 percent of those asked do not believe such an amendment would jeopardize their rights of free speech. Those polls, the most recent one in early January of this year, have consistently demonstrated that more than 75 percent of Americans think the Supreme Court decision was wrong, that flag burning is wrong and that they would vote for a constitutional amendment to protect it. The American Legion believes those Americans, that overwhelming majority of the people, should have that chance. For the past five years, the American Legion has been conducting a quiet revolution. Through our vast membership in every city and state across the nation, we have been working to convince our State Legislatures to enact what are called memorializing resolutions to Congress. This Body was among the first in the nation to join our quiet

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revolution. You passed such a memorializing resolution back in early 1991. I congratulate you and thank you for helping to get the ball rolling across the country and let me tell you, it certainly has been rolling. In fact, 39 states now have memorialized the United States Congress that it should listen to the voice of the people and send a flag protection amendment back to the states for ratification. I am sure you lawmakers know very well that it takes three- fourths of the states or 38, to ratify a constitutional amendment. Well, we have 39 and know that more are about to come on board. We think it is time for Congress to get the message, don't you? South Carolina is helping to make history, just as you have always done since the founding of this nation. You have joined us in this campaign to restore respect for the symbols of our national unity, and lead the way toward righting the wrongs that are threatening to tear the nation apart, and getting it back on course. It may seem that I have spent my whole time talking about our campaign to protect the flag, but really, I have been talking about protecting and preserving our country. The American Legion has stood strong for America for 75 years. We've been working not only for veterans benefits and health care, but for education and jobs for veterans. We've conducted worthwhile and character building programs for America's children and youth like Boys State and Boys Nation and Girls State and Girls Nation and American Legion baseball and given millions of dollars and volunteer hours to our communities. All of this has been for the betterment and preservation of the American way of life, and the future of this great nation. I know that you, who serve the people of South Carolina in elected public service, share those goals. The American Legion is always proud to work with you toward those goals, and for the community, state and nation. I just want to say thank you to each of you for all that you are doing for the veterans of South Carolina as well as the veterans of this nation, but mainly for the citizen of the great United States of America. Thank you all, God bless you and God bless America."

Upon the conclusion of his address, the National Commander and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

Printed Page 3753 . . . . . Wednesday, March 23, 1994

THE HOUSE RESUMES

At 1:05 P.M. the House resumed, the SPEAKER in the Chair.

Motion Adopted

Rep. P. HARRIS moved that the House stand at ease until the Ratification of Acts, and upon completion of the Ratification of Acts, the House stand adjourned, which was agreed to.

RATIFICATION OF ACTS

At 2:00 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.

(R336) H. 4499 -- Reps. Harwell, McLeod, G. Brown, McKay, Hines, Baxley, Neilson, Canty, Neal, Askins and Houck: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF SCENIC RIVERS, SO AS TO DESIGNATE A PORTION OF THE LYNCHES RIVER.

(R337) H. 3635 -- Rep. Stone: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.

(R338) H. 4866 -- Rep. Spearman: AN ACT TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SALUDA COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, AND PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-81-94, AND MUST BE ESTABLISHED BY THE SALUDA COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SALUDA COUNTY LEGISLATIVE DELEGATION.

(R339) H. 4328 -- Reps. D. Wilder and Rudnick: AN ACT TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND

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DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT IN A REFERENDUM HELD ON THE QUESTION OF SUCH AN INCREASE.

(R340) H. 4332 -- Reps. Sheheen, Rudnick and Stuart: AN ACT TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990, TO FURTHER PROVIDE FOR CONGRESSIONAL DISTRICT REPRESENTATIVES ON BOARDS, COMMITTEES, AND COMMISSIONS, TO PROVIDE FOR THE MANNER IN WHICH CERTAIN VACANCIES MUST BE FILLED, AND TO PROVIDE THAT THE SPEAKER OF THE HOUSE AND THE PRESIDENT PRO TEMPORE OF THE SENATE ARE JOINTLY DESIGNATED AS THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE CONGRESSIONAL REAPPORTIONMENT PLAN TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT.

(R341) H. 3845 -- Reps. Phillips, Fulmer and Wright: AN ACT TO AMEND SECTION 56-3-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PROVISIONS OF LAW FOR CORPORATE-OWNED FLEET MOTOR VEHICLES, SO AS TO CHANGE THE DEFINITION OF "FLEET".

(R342) H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: AN ACT TO PROVIDE THAT A MUNICIPALITY, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPALITY, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE

Printed Page 3755 . . . . . Wednesday, March 23, 1994

TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, HURRICANE, FLOOD, TORNADO, HAZARDOUS MATERIAL EVENT, OR OTHER DISASTER, AND TO PROVIDE FOR RELATED MATTERS.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4946 -- Rep. Wright: A CONCURRENT RESOLUTION CONGRATULATING THE YELLOW JACKETS OF IRMO HIGH SCHOOL ON WINNING THE CLASS AAAA BOYS STATE BASKETBALL CHAMPIONSHIP FOR 1994.

H. 4959 -- Reps. Snow, Wright, Witherspoon, Riser, Shissias, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Wofford, Worley, A. Young and R. Young: A CONCURRENT RESOLUTION TO CONGRATULATE COACH FRANK HOWARD ON HIS 85TH BIRTHDAY ON MARCH 25, 1994.

H. 4963 -- Reps. Cooper, Townsend, Chamblee, Stille, P. Harris and Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE WREN HIGH SCHOOL GOLDEN HURRICANES BOYS BASKETBALL TEAM OF ANDERSON COUNTY ON WINNING THE CLASS AAA UPPER STATE CHAMPIONSHIP FOR 1994.

H. 4970 -- Reps. Baxley, Neilson and Hines: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY LOUISE RALEY

Printed Page 3756 . . . . . Wednesday, March 23, 1994

SCOTT OF DARLINGTON COUNTY UPON HER RETIREMENT FROM MORE THAN THREE DECADES OF SERVICE TO THE DISABLED CITIZENS OF SOUTH CAROLINA AND TO WISH HER WELL IN THE YEARS TO COME.

ADJOURNMENT
At 2:15 P.M. the House in accordance with the motion of Rep. KINON adjourned in memory of M. Coy Jackson of Dillon, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 3757 . . . . . Thursday, March 24, 1994

Thursday, March 24, 1994
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Father God, Whose presence is always near and Whose wisdom is impeccable, deliver us from self-deception and self-righteousness; from confusing our own selfish desires and ambition with Your Holy Will; from indifference and overconfidence; from fear and worry and all dread of the future; from an attitude of defeatism or of compromise with the forces of evil. Grant us a full measure of wisdom and understanding, courage and strength, faith and charity to meet the challenges of our days.

Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Reps. J. BAILEY and HARRELSON moved that when the House adjourns, it adjourn in memory of Charles Edward Smith, which was agreed to.

REPORT OF STANDING COMMITTEE

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

Invitation of The Medical University of S.C. and Citizens for Nuclear Technology Awareness for a seminar on radiation, April 13, 1994, 1:30 P.M. at the Capital City Club.

The invitation was accepted.

Printed Page 3758 . . . . . Thursday, March 24, 1994

REPORTS OF STANDING COMMITTEES

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 4047 -- Reps. D. Wilder, Barber, Moody-Lawrence, Hines, Stille, Haskins, J. Wilder, Cato, Trotter, Marchbanks, Stoddard, J. Bailey, P. Harris, Allison, Harrell, H. Brown, Lanford and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 18 SO AS TO CREATE THE STATE BOARD OF ELECTROLOGISTS, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE THE ESTABLISHMENT OF CONTINUING EDUCATION REQUIREMENTS; AND TO PROVIDE FEES AND PENALTIES.