Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 950, Feb. 16 | Printed Page 970, Feb. 21 |

Printed Page 960 . . . . . Friday, February 17, 1995

H. 3207 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

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. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.

ADJOURNMENT

At 10:15 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, February 21.

* * *


Printed Page 961 . . . . . Tuesday, February 21, 1995

Tuesday, February 21, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

We, O Lord, have remembered again with humble gratitude the devotion of our early Presidents, George Washington and Abraham Lincoln, whose lives shine like stars in the firmament of freedom. May their courage in times of crisis, their fidelity in periods of adversity, and their faith that sent them to their knees in prayer be ours as we face the hard facts of our day. Give to these leaders of government the faith and the hope which seeks to give rather than to get and that persists in giving something to our South Carolina rather than for our State doing something for us.

Lord God of hosts, be with us yet lest we forget, lest we forget. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. CROMER moved that when the House adjourns, it adjourn in memory of Alexander Powell of Columbia, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 16, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 446:
S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS


Printed Page 962 . . . . . Tuesday, February 21, 1995

A REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 16, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 414:
S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995, TO DECEMBER 31, 1995, AS SPECIFIED IN SECTION 12-31-260 OF THE 1976 CODE AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER DURING THIS PERIOD.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President

Received as information.

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

February 16, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The Officers and Board of Directors of the South Carolina Horsemen's Council and the South Carolina Thoroughbred Owners and Breeders


Printed Page 963 . . . . . Tuesday, February 21, 1995

Association cordially invite the Member of the House of Representatives and the Members of the Senate to attend a Legislative Reception on April 5, 1995. The reception will be held at 300 Senate Street - Riverfront Building - from 6:00 P.M. until 8:00 P.M.

We look forward to being with you April 5th, and with warmest regards, I am

Yours very truly,
Blanchard Poole
President

February 16, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The Young Bankers Division of the South Carolina Bankers Association is hosting its annual Legislative Oyster Roast on March 29, 1995, at 6:00 P.M. at the Sterling Garden Center, 320 Senate Street, Columbia, S.C. We would like to cordially invite the Members of the House to attend this function.

I would appreciate your reserving this date on the House Calendar and notifying me upon confirmation of this date. Should you need additional information, please contact Anne Gillespie at the Association office.

Thank you for you assistance.

Sincerely yours,
Daniel O. Cook, Jr.
Chairman
Young Bankers Division


Printed Page 964 . . . . . Tuesday, February 21, 1995

REGULATION WITHDRAWN

The following was received.

Document No. 1745
Promulgated By Coastal Council
Marina/Community Dock Location and Design
Received by Speaker March 29, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date March 5, 1995
Withdrawn February 16, 1995

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received.

Document No. 1810
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Lead Acid Batteries
Received by Speaker January 16, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 16, 1995, May 24, 1995
House Agriculture and Natural Resources Request Withdrawal February 8, 1995
Withdrawn and Resubmitted February 16, 1995

Document No. 1747
Promulgated By Licensing Board for Contractors, Department of Labor, Licensing and Regulation
Definition of Roofing Classification
Received by Speaker March 31, 1994
Referred to House Committee on Labor, Commerce and Industry
Revised 120 Day Review Expiration Date April 1, 1995
Request to Withdraw and Resubmit - House Labor, Commerce and Industry January 24, 1995
Withdrawn and Resubmitted February 13, 1995
Request to Withdraw and Resubmit - Senate Labor, Commerce and Industry February 15, 1995
Withdrawn and Resubmitted February 21, 1995


Printed Page 965 . . . . . Tuesday, February 21, 1995

REPORTS OF STANDING COMMITTEE

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

Invitation of Christian Coalition of South Carolina for breakfast, March 1, 1995, 8:00 - 9:00 A.M. in Room 208 Blatt Building.

The invitation was accepted.

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

Invitation of S.C. Chapter of the National Association of Social Workers for a reception, March 1, 1995, 6:30 P.M. - 8:30 P.M. at the Adam's Mark Hotel.

The invitation was accepted.

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

Invitation of S.C. Federation of Older Americans for a Seniors' Legislative Day Luncheon, March 7, 1995, 12:45 P.M. - 2:15 P.M. at the Adam's Mark Hotel.

The invitation was accepted.

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

Invitation of S.C. Optometric Association for a reception, March 7, 1995, 6:30 P.M. - 9:00 P.M. at the Embassy Suites Hotel.

The invitation was accepted.

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

Invitation of The Round Table for breakfast, March 8, 1995, 8:00 A.M. - 9:00 A.M. in Room 208 Blatt Building.

The invitation was accepted.

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

Invitation of S.C. School Boards Association for a luncheon, March 8, 1995, at the Capital City Club.

The invitation was accepted.


Printed Page 966 . . . . . Tuesday, February 21, 1995

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

Invitation of S.C. Summary Court Judges Association for a reception, March 8, 1995, 6:00 P.M. at Seawell's Restaurant inside the S.C. State Fairgrounds.

The invitation was accepted.

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

Invitation of Carolinas AGC for a reception, March 14, 1995, 6:00 P.M. - 8:00 P.M. at the Adam's Mark Hotel.

The invitation was accepted.

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

Invitation of Association of Public Library Administrators of South Carolina for a luncheon, March 15, 1995, 12:30 P.M. at the Ramada Town House.

The invitation was accepted.

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

Invitation of DuPont for a reception, March 15, 1995, 6:00 P.M. - 8:00 P.M. at the Capital City Club.

The invitation was accepted.

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

Invitation of The S.C. AFL-CIO for a reception, March 21, 1995, 6:00 P.M. - 8:00 P.M. at the Ramada Town House Hotel.

The invitation was accepted.

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

Invitation of S.C. Association of Counties for a reception, March 22, 1995, 6:00 P.M. - 7:30 P.M. at the Embassy Suites Hotel.

The invitation was accepted.


Printed Page 967 . . . . . Tuesday, February 21, 1995

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

Invitation of The Society of the Plastics Industry, Inc. for a reception, March 28, 1995, 6:00 P.M. - 8:00 P.M. at The Stadium Place, 1210 Bluff Rd., in Columbia.

The invitation was accepted.

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

Invitation of S.C. Prayer Fellowship for a breakfast, March 29, 1995, 7:30 A.M. at the Embassy Suites Hotel.

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

Invitation of S.C. School for the Deaf and Blind for a luncheon, March 29, 1995, upon adjournment - 2:00 P.M. in Room 221, Blatt Building.

The invitation was accepted.

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 3637 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO FOOD SERVICE ESTABLISHMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1808, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3638 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GROUP DAY CARE HOMES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1755, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.


Printed Page 968 . . . . . Tuesday, February 21, 1995

H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.

Referred to Committee on Judiciary.

S. 115 -- Senators Rose and Leventis: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS CLEAR SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAIN A PROVISION REQUIRING BOOKS OR INSTRUCTIONAL MATERIALS TO BE FREE OF CERTAIN SUBSTANTIVE ERRORS AND THAT THE CONTRACT MUST ALLOW THE STATE BOARD TO REQUIRE REASONABLE REMEDIES IF AN ERROR IS FOUND; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP OF TEXTBOOK EVALUATION AND RATING COMMITTEES AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.

Referred to Committee on Education and Public Works.

S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

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


Printed Page 969 . . . . . Tuesday, February 21, 1995

S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

ROLL CALL

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

Anderson         Bailey           Baxley
Beatty           Boan             Breeland
Brown, H.        Brown, J.        Brown, T.
Byrd             Cain             Cato
Cave             Chamblee         Clyburn
Cobb-Hunter      Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Fair
Fulmer           Gamble           Govan
Hallman          Harris, P.       Harrison
Harwell          Haskins          Herdklotz
Hines            Hodges           Huff
Hutson           Inabinett        Keegan
Kelley           Kennedy          Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Limbaugh
Limehouse        Littlejohn       Lloyd
Marchbanks       Mason            McAbee
McCraw           McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Phillips         Quinn            Rice
Richardson       Riser            Robinson
Sandifer         Scott            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 970 . . . . . Tuesday, February 21, 1995

Wilder           Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.


| Printed Page 950, Feb. 16 | Printed Page 970, Feb. 21 |

Page Finder Index