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 980, Feb. 21 | Printed Page 1000, Feb. 23 |

Printed Page 990 . . . . . Wednesday, February 22, 1995

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 22.

G. Ralph Davenport, Jr.  Timothy F. Rogers
David H. Wilkins         Thomas E. Huff
Grady A. Brown           Alma W. Byrd
June S. Shissias         Larry L. Elliott
L. Morgan Martin         Henry E. Brown, Jr.
Sandra S. Wofford        William D. Boan

Total Present--119


Printed Page 991 . . . . . Wednesday, February 22, 1995

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, February 22.

Joseph T. McElveen, Jr. Joseph H. Neal

Theodore A. Brown

DOCTOR OF THE DAY

Announcement was made that Dr. Patricia Westmoreland of Greenville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. LITTLEJOHN and WELLS, on behalf of the Spartanburg delegation, presented to the House the Spartanburg Methodist College Men's Soccer Team, winners of the 1994 NJCAA National Championship, their coaches and other school officials.

SPECIAL PRESENTATION

Rep. ALLISON, on behalf of the Spartanburg delegation presented to the House the James F. Byrnes High School Rebel Regiment Band, winners of the 1994 Class AAAA State Championship, their directors and other school officials.

SENT TO THE SENATE

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

H. 3262 -- Reps. Harrison, Baxley, Jennings, Cobb-Hunter, Beatty, Huff, Martin, S. Whipper, L. Whipper and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-547 SO AS TO ENSURE THE RIGHT OF BREAST IMPLANT VICTIMS WHO ARE MEMBERS OF THE SETTLEMENT CLASS OF THE IN RE SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL 926) TO BRING AN ACTION FOR PERSONAL INJURIES OR DEATH.

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF


Printed Page 992 . . . . . Wednesday, February 22, 1995

OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

H. 3517--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.

Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21470SD.95), which was adopted.

Amend the bill, as and if amended, in Section 17-15-260 of the 1976 Code, as contained in SECTION 4, by striking the sentence which begins on line 19, page 3 and inserting /All funds to be deposited in the state general fund shall be transmitted to the State Treasurer./


Printed Page 993 . . . . . Wednesday, February 22, 1995

Amend the bill further, as and if amended, by striking SECTION 7 on page 4 and inserting:

/SECTION 7. Section 24-23-220 of the 1976 Code is repealed./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3115--DEBATE ADJOURNED

The following Bill was taken up.

H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21426AC.95).

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

/SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) In a proceeding involving minor children in matters of divorce, custody, or separation the court on its own motion or the motion of either party may order the parties to attend the Parent and Child Transitions program, an educational program to be conducted by the Department of Alcohol and Other Drug Abuse Services on the effects of divorce on children. The court must require the parties to pay to participate in the


Printed Page 994 . . . . . Wednesday, February 22, 1995

program, unless the parties are financially indigent. The department must develop a sliding fee scale to apply in assessing fees for the cost of the program."

SECTION 2. The 1976 Code is amended by adding:

"Section 44-49-90. The department shall develop and implement the Parent and Child Transitions program for use with the department's clients and as may be ordered by the Family Court in proceedings involving minor children in matters of divorce, custody, or separation. The department must charge a fee to participants in the program and must develop a sliding fee scale to apply in assessing these fees to make the program totally self-sufficient after the first year."

SECTION 3. The Legislative Audit Council must conduct a review of the Department of Alcohol and Other Drug Abuse Services' Parent and Child Transition program to evaluate the effectiveness of the program in assisting families and in particular children in coping with and adjusting to divorce. The council shall submit a report of its review and evaluation to the General Assembly before July 1, 1998.

SECTION 4. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. JENNINGS explained the amendment.

Rep. HARRISON moved to adjourn debate upon the Bill until Thursday, February 23, which was adopted.

ORDERED TO THIRD READING

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

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.

Rep. WILDER explained the Joint Resolution.

H. 3638 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE


Printed Page 995 . . . . . Wednesday, February 22, 1995

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.

Rep. McTEER explained the Joint Resolution.

RECURRENCE TO THE MORNING HOUR

Rep. SHARPE moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 3655 -- Reps. J. Brown, Clyburn, Anderson, Williams and Breeland: A CONCURRENT RESOLUTION COMMENDING ALLEN UNIVERSITY FOR ONE HUNDRED TWENTY-FIVE YEARS OF PROGRESS, COMMITMENT, AND DEDICATION IN THE SHAPING OF PRODUCTIVE LIVES, PLEDGING SUPPORT TO THE POSITIVE ASPIRATIONS OF ALLEN UNIVERSITY AND EXTENDING TO THE UNIVERSITY BEST WISHES AND HOPES FOR A PRODUCTIVE FUTURE THAT CONTINUES THE ACCOMPLISHMENTS OF THE PAST.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3656 -- Rep. Anderson: A CONCURRENT RESOLUTION COMMENDING MARTHA GAMBLE HALL OF MAULDIN ON HER TENURE AS NATIONAL ALUMNI PRESIDENT OF THE JOHNSON C. SMITH UNIVERSITY GENERAL ALUMNI ASSOCIATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3657 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WAYNE TATE AND HIS FAMILY FOR THE


Printed Page 996 . . . . . Wednesday, February 22, 1995

TIRELESS WORK AND COUNTLESS HOURS DONATED TO THE BOILING SPRINGS HIGH SCHOOL BAND BOOSTER CLUB.

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

INTRODUCTION OF BILLS

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

H. 3658 -- Reps. Scott and J. Brown: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS A TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

Referred to Committee on Judiciary.

H. 3659 -- Rep. Cato: A BILL TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

On motion of Rep. CATO, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3660 -- Reps. Scott and Harrison: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.

Rep. SCOTT asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.

Rep. FLEMING objected.

Referred to Committee on Education and Public Works.


Printed Page 997 . . . . . Wednesday, February 22, 1995

MOTION PERIOD

H. 3646--RECALLED

Rep. HODGES moved to recall H. 3646 from the Judiciary Committee.

As a first substitute Rep. CROMER moved to recall H. 3247 from the Judiciary Committee.

As a second substitute Rep. HASKINS moved to recall H. 3646 from the Judiciary Committee, which was agreed to.

Rep. SHEHEEN moved to dispense with the balance of the Motion Period, which was agreed to.

Rep. SHARPE moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3640 -- Reps. Waldrop and Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE DEBRA TEMPLIN, A TEACHER AT NEWBERRY MIDDLE SCHOOL, UPON BEING NAMED AS STATE TEACHER OF THE YEAR FOR 1995.

H. 3641 -- Reps. Kennedy, T. Brown and Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JOSEPH WASHINGTON OF THE TOWN OF NESMITH FOR HIS MANY YEARS OF SERVICE TO THE CITIZENS OF WILLIAMSBURG COUNTY.

H. 3644 -- Rep. Harrison: A CONCURRENT RESOLUTION TO COMMEND THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS AND EACH OF THE LIONS CLUBS IN SOUTH CAROLINA FOR THE OUTSTANDING WORK THAT THEY DO IN SERVING THEIR FELLOW MAN AND TO WELCOME INTERNATIONAL DIRECTOR ALBERT F. BRANDEL TO SOUTH CAROLINA AS HE SPEAKS AT THE LIONS DISTRICT 32-D MID-WINTER RALLY.



Printed Page 998 . . . . . Wednesday, February 22, 1995

ADJOURNMENT

At 10:53 A.M. the House in accordance with the motion of Rep. TRIPP adjourned in memory of Benjamin Adams of Mauldin, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 999 . . . . . Thursday, February 23, 1995

Thursday, February 23, 1995

(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:

O God our Heavenly Father, from Whom all noble ambitions and all good counsels proceed, we seek You through all the mystery and perplexity of life in the full knowledge that without You we cannot live confidently or well. We confess our inadequacy to respond fully to the many and varied calls of human needs. Crown, then, with Your blessings the deliberations of those who stand here in places of unique opportunities and influence. Keep alive within us a sense of Your eternal truths which save us from spiritual decay, from moral cowardice, and from any betrayal of the highest good.

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

Rep. CLYBURN moved that when the House adjourns, it adjourn in memory of Janie Hightower of Trenton, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3124 -- Reps. Cromer, Keyserling, Meacham, Stille, Richardson, Stuart and Cotty: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO PROVIDE THAT THREE DOLLARS, RATHER THAN ONE DOLLAR, OF THE YEARLY PREMIUM FOR UNINSURED MOTORIST COVERAGE MUST BE TRANSFERRED TO


Printed Page 1000 . . . . . Thursday, February 23, 1995

THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY, TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE FOR A SYSTEM WHEREBY THE DEPARTMENT OF INSURANCE ISSUES TO EACH FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS OLD A DRIVER TRAINING VOUCHER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE THAT A DRIVER'S LICENSE CANNOT BE ISSUED TO ANY PERSON WHO IS AT LEAST FIFTEEN YEARS OLD BUT UNDER SEVENTEEN YEARS OLD UNTIL THE PERSON HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738, AND PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.


| Printed Page 980, Feb. 21 | Printed Page 1000, Feb. 23 |

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