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 1340, Mar. 6 | Printed Page 1360, Mar. 7 |

Printed Page 1350 . . . . . Wednesday, March 6, 1996

H. 3062--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.

Reps. HARRISON, HODGES and D. SMITH proposed the following Amendment No. 5 (Doc Name P:\amend\GJK\22338SD.96).

Amend the bill, as and if amended, by striking Section 2-1-105 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 2-1-105. (A) `Salaried office or position' means an office or position on the Employment Security Commission, the Public Service Commission, the Administrative Law Judge Division, or such other commissions or entities as may be established by law, in which a person receives compensation for services rendered but does not include the receipt of per diem, mileage, or subsistence received in the performance of responsibilities.

(B) No member of the General Assembly may apply for or be elected to a salaried office or position which is filled by election of the General Assembly while he is serving in the General Assembly, and for a period thereafter equivalent to the time a former member of the General Assembly must be out of the General Assembly before he is eligible to apply for and be elected to a judicial office of the unified judicial system which is filled by election of the General Assembly./

Renumber sections to conform.

Amend title to conform.

Rep. HARRISON explained the amendment.

Rep. SHEHEEN moved to adjourn debate upon the Bill until Wednesday, March 13.

Rep. VAUGHN moved to table the motion, which was not agreed to by a division vote of 19 to 67.


Printed Page 1351 . . . . . Wednesday, March 6, 1996

The question then recurred to the motion to adjourn debate, which was agreed to.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4712 -- Reps. Seithel, Harrison, Mason, L. Whipper, J. Harris, Sandifer, S. Whipper, Neal, Bailey, Thomas, Whatley, Kinon, Lloyd, Herdklotz, Young-Brickell and J. Young: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL TREATMENT OF ANIMALS, SO AS TO CHANGE CERTAIN OF THESE OFFENSES TO FELONIES AND TO INCREASE PENALTIES.

Referred to Committee on Judiciary.

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

MOTION NOTED

Rep. ROBINSON moved to reconsider the vote whereby debate was adjourned on H. 3062 until Wednesday, March 13, and the motion was noted.

ADJOURNMENT

At 10:55 A.M. the House in accordance with the motion of Rep. McMAHAND adjourned in memory of Lillian Viola Cook Sullivan of Greenville, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 1352 . . . . . Thursday, March 7, 1996

Thursday, March 7, 1996

(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:

God of our fathers and our God today, give us the ability to fulfill our high calling. Make us to cherish all that is good in our heritage and welcome all that is worthy in innovation. Help us to treasure the wisdom of the past but also be ready for new revelations for the future. Give to each of us resources sufficient for what needs to be done. Grant to each one the individuality that is creative, the discipline which sustains, the diversity which enriches, and the unity of purpose that moves forward Your Kingdom on earth.

To You, Lord, we give our praise and thanksgiving. 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. CARNELL moved that when the House adjourns, it adjourn in memory of Samuel Lindsey Nickles of Hodges, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 6, 1996
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. 625:

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A


Printed Page 1353 . . . . . Thursday, March 7, 1996

POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORT OF STANDING COMMITTEE

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 599 -- Senator Thomas: A BILL TO AMEND SECTION 43-33-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO AUTHORIZE THE BOARD TO CHANGE ITS CORPORATE NAME IN THE SAME MANNER AS ANY OTHER NONPROFIT CORPORATION AND TO PROVIDE THAT THE POWERS AND DUTIES OF THE SYSTEM ARE CONSIDERED THE POWERS AND DUTIES OF A SUCCESSOR CORPORATION.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4713 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING THE LEE COUNTY SECTION OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED, ON ITS TENTH ANNIVERSARY OF SERVICE TO SOUTH CAROLINA, AND RECOGNIZING THE ACCOMPLISHMENTS OF DR. DOROTHY IRENE HEIGHT, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED.

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


Printed Page 1354 . . . . . Thursday, March 7, 1996

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1230 -- Senators O'Dell and Bryan: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR FRIEND AND FORMER COLLEAGUE, THE HONORABLE MILFORD "DOLLY" COOPER, FOR HIS SERVICE TO THE PEOPLE OF THE PIEDMONT COMMUNITY IN ANDERSON COUNTY AS HE CLOSES THE DOORS OF THE PIEDMONT ECONOMY STORE FIFTY-SEVEN YEARS AFTER HE OPENED IT FOR BUSINESS.

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

SENATE AMENDMENTS CONCURRED

IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

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.

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.

INTRODUCTION OF BILLS

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

H. 4714 -- Rep. Scott: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70,


Printed Page 1355 . . . . . Thursday, March 7, 1996

RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.

Referred to Committee on Judiciary.

H. 4716 -- Reps. D. Smith, Tucker, Jennings and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-9-1015 SO AS TO MAKE AGREEMENTS BETWEEN A BEER WHOLESALER AND AN IMPORTER OF BEER PRODUCED BY A BREWER OUTSIDE OF THE UNITED STATES BINDING ON ANY SUCCESSOR IMPORTER OF BEER PRODUCED BY THAT FOREIGN BREWER AND TO GIVE THIS PROVISION PROSPECTIVE APPLICATION.

Referred to Committee on Labor, Commerce and Industry.

H. 4717 -- Reps. Sharpe and Rice: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT, SO AS TO DEFINE "STRUCTURAL FILL"; TO AMEND SECTION 44-96-80, RELATING TO COUNTY OR REGIONAL SOLID WASTE MANAGEMENT PLANS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT DOES NOT AUTHORIZE A LOCAL GOVERNMENT TO ENACT ORDINANCES OR RESOLUTIONS TO REGULATE STRUCTURAL FILLS; AND TO AMEND SECTION 44-96-290, RELATING TO STANDARDS USED FOR GRANTING PERMITS TO PERSONS TO OPERATE A SOLID WASTE MANAGEMENT FACILITY, SO AS TO ALLOW THE


Printed Page 1356 . . . . . Thursday, March 7, 1996

DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ISSUE PERMITS FOR SHORT-TERM STRUCTURAL FILLS.

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

H. 4718 -- Reps. Limbaugh, Seithel, Harrison, Wofford, Cooper, Stuart, Knotts, Dantzler, Young-Brickell, Meacham, Whatley, Law, Askins, Chamblee, Rice, Keegan, Cato, Stille, Haskins, Tripp, J. Young, Limehouse, Witherspoon, Loftis, Gamble and Wilkins: A BILL TO AMEND SECTION 20-7-2095, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE PAROLE BOARD MAY CHOOSE INSTEAD TO CONDUCT AN ANNUAL REVIEW.

Referred to Committee on Judiciary.

S. 1071 -- Senators Leventis, Fair, Thomas, Martin and Hayes: A BILL TO AMEND SECTION 59-29-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRED COURSES IN PHYSICAL EDUCATION IN THE PUBLIC SCHOOLS OF THE STATE, SO AS TO ESTABLISH A PROCEDURE WHEREBY CERTAIN STUDENTS MAY BE EXEMPTED FROM THOSE REQUIREMENTS BY THE LOCAL SCHOOL BOARD OF TRUSTEES.

Referred to Committee on Education and Public Works.

S. 1089 -- Senators Setzler, Leatherman, Drummond, Bryan, Giese, Leventis, Alexander, Holland, Hayes, Ryberg, Wilson and Courson: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO TRANSFER THE RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL ESTABLISH A TOLL-FREE TELEPHONE LINE FOR USE BY SCHOOL ADMINISTRATORS WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN


Printed Page 1357 . . . . . Thursday, March 7, 1996

CRIMES, AND TO REPRESENT LOCAL SCHOOL DISTRICTS WHEN THESE CASES ARE APPEALED TO AN APPELLATE COURT, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT; AND TO AMEND SECTION 59-24-60, RELATING TO THE REQUIREMENT THAT SCHOOL OFFICIALS CONTACT LAW ENFORCEMENT AUTHORITIES WHEN SPECIFIED ACTIVITIES HAVE OCCURRED ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE ALSO SHALL BE CONTACTED.

Referred to Committee on Education and Public Works.

S. 1203 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A JOINT RESOLUTION TO ESTABLISH A MONUMENT FOR RECOGNITION OF THE ACCOMPLISHMENTS OF THE TUSKEGEE AIRMEN TO BE ERECTED ON THE GROUNDS OF THE WALTERBORO AIRFIELD, AND TO CREATE A COMMISSION TO SELECT THE DESIGN AND PLACEMENT OF THE MONUMENT.

Referred to Committee on Ways and Means.

S. 1204 -- Senators Hayes and Gregory: A BILL TO AMEND SECTION 7-7-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN YORK COUNTY, SO AS TO DELETE THE FORT MILL NO. 2 PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

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

HOUSE RESOLUTION

The following was introduced:

H. 4715 -- Reps. R. Smith, Sharpe, Mason and Clyburn: A HOUSE RESOLUTION TO CONGRATULATE THE COUNTY OF AIKEN AND ITS CITIZENS UPON THE OCCASION OF THE ONE HUNDRED


Printed Page 1358 . . . . . Thursday, March 7, 1996

TWENTY-FIFTH ANNIVERSARY OF THE COUNTY'S FOUNDING ON MARCH 10, 1996.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1231 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RYAN CROUT, EIGHT YEARS OLD OF GILBERT, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

ROLL CALL

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

Anderson             Bailey               Baxley
Boan                 Breeland             Brown, G.
Brown, H.            Brown, J.            Brown, T.
Cain                 Carnell              Cato
Cave                 Chamblee             Clyburn
Cooper               Cotty                Cromer
Dantzler             Delleney             Easterday
Felder               Fleming              Fulmer
Gamble               Govan                Hallman
Harrell              Harris, J.           Harris, P.
Harrison             Haskins              Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Jennings             Keegan               Kelley
Kennedy              Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Marchbanks           Mason
McAbee               McCraw               McElveen
McMahand             McTeer               Meacham
Neal                 Neilson              Phillips
Quinn                Rhoad                Rice

Printed Page 1359 . . . . . Thursday, March 7, 1996

Riser                Robinson             Rogers
Sandifer             Scott                Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Tripp                Trotter
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
Whipper, S.          White                Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, March 7. Dwight A. Loftis John W. Tucker, Jr. Gilda Cobb-Hunter Woodrow M. McKay Ronald P. Townsend Merita A. Allison L. Morgan Martin Bessie Moody-Lawrence G. Ralph Davenport, Jr. Alma W. Byrd Ralph W. Canty C. Alex Harvin III

Total Present--117

LEAVES OF ABSENCE

The SPEAKER granted Reps. RICHARDSON, KEYSERLING and ASKINS a leave of absence for the day.

The SPEAKER granted Rep. LOFTIS a temporary leave of absence.

STATEMENT OF ATTENDANCE

Rep. WORLEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 6.

STATEMENT RE ATTENDANCE

Reps. FELDER and McELVEEN signed a statement with the Clerk that they were not present during the Session but arrived in time to attend the Committee meetings on Wednesday, March 6.


| Printed Page 1340, Mar. 6 | Printed Page 1360, Mar. 7 |

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