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 1370, Mar. 7 | Printed Page 1390, Mar. 13 |

Printed Page 1380 . . . . . Tuesday, March 12, 1996

S. 1043 -- Senators Short, Rose, Peeler, Richter, Greg Smith, Thomas, Mescher, Moore, J. Verne Smith, Courtney, Elliott, Holland, Reese, Leventis, McGill, Cork, Passailaigue, Rankin, Matthews, Waldrop, Washington, Lander, Jackson, O'Dell and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE ALL INDIVIDUAL AND GROUP HEALTH INSURANCE AND HEALTH MAINTENANCE ORGANIZATION POLICIES TO PROVIDE PAYMENT FOR HOSPITALIZATION OF A MOTHER AND HER CHILD, IF AT THE DISCRETION OF THE ATTENDING PHYSICIAN IT IS MEDICALLY NECESSARY, FOR A PERIOD NOT TO EXCEED THE SECOND POSTPARTUM DAY, NOT INCLUDING THE DAY OF DELIVERY, AFTER A VAGINAL DELIVERY, OR THE THIRD POST-OPERATIVE DAY, NOT INCLUDING THE DAY OF SURGERY, AFTER A CAESARIAN SECTION, AND TO PROVIDE FOR EXCEPTIONS.

Referred to Committee on Labor, Commerce and Industry.

S. 1075 -- Senators Rose, Land, Leventis, Matthews, Washington and Mescher: A BILL TO AMEND SECTION 58-31-30, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE POWERS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO AUTHORIZE THE PURCHASE AND MAINTENANCE OF STRUCTURES FOR THE DISTRIBUTION OF WATER IN CALHOUN AND COLLETON COUNTIES; AND TO DELETE THE PROVISION THAT PROHIBITS THE TRANSFER OF WATER FROM ONE RIVER BASIN TO ANOTHER.

Referred to Committee on Labor, Commerce and Industry.

S. 1217 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO STUDENT AND INSTITUTION ASSISTANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1840, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.


Printed Page 1381 . . . . . Tuesday, March 12, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4722 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. ROBERT MCDUFFIE HAMMOND II, OF ANDERSON, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4723 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION AND GREAT PRIDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO ANDERSON AREA MEDICAL CENTER OF ANDERSON COUNTY FOR RECEIVING THE HIGHEST RANKING GIVEN BY THE JOINT COMMISSION ON ACCREDITATION OF HEALTH CARE ORGANIZATIONS BY EARNING "ACCREDITATION WITH COMMENDATION".

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4724 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW AT THE DEATH OF ALLISON DANA KAY OF ANDERSON AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4725 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF


Printed Page 1382 . . . . . Tuesday, March 12, 1996

SOUTH CAROLINA TO E. STEVE DARBY OF ANDERSON COUNTY UPON BEING NAMED THE 1995 SMALL BUSINESS PERSON OF THE YEAR BY THE ANDERSON COUNTY CHAMBER OF COMMERCE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4731 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING DIRECTOR GENERAL STANLEY KAO FOR HIS MANY CONTRIBUTIONS TO CULTURAL UNDERSTANDING AND COOPERATION BETWEEN AMERICANS AND THE PEOPLE OF THE PROVINCE OF TAIWAN, REPUBLIC OF CHINA, AND WISHING HIM SUCCESS IN HIS NEW POST IN MALAYSIA.

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

ROLL CALL

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

Allison              Anderson             Bailey
Baxley               Boan                 Breeland
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Byrd                 Cain
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cromer               Dantzler             Delleney
Easterday            Fleming              Gamble
Hallman              Harrell              Harris, J.
Harrison             Harvin               Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Jaskwhich            Keegan               Kelley
Kennedy              Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis

Printed Page 1383 . . . . . Tuesday, March 12, 1996

Marchbanks           McAbee               McCraw
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Richardson           Riser                Robinson
Rogers               Sandifer             Scott
Sheheen              Shissias             Simrill
Smith, D.            Spearman             Stille
Stuart               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          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 Tuesday, March 12. Ronald C. Fulmer Eugene C. Stoddard Rex Fontaine Rice Jerry N. Govan, Jr. Patrick B. Harris Richard M. Quinn, Jr. Paula H. Thomas Douglas Jennings, Jr. Ralph W. Canty Charles R. Sharpe Roland Smith Rudolph M. Mason L. Morgan Martin John G. Felder Marion P. Carnell William F. Cotty Jackson S. Whipper Terry E. Haskins Lynn Seithel

Total Present--119

LEAVES OF ABSENCE

The SPEAKER granted Reps. R. SMITH, MASON and SHARPE a temporary leave of absence.

The SPEAKER granted Reps. HASKINS and STODDARD a temporary leave of absence.


Printed Page 1384 . . . . . Tuesday, March 12, 1996

The SPEAKER granted Reps. DAVENPORT and ASKINS a leave of absence for the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Arthur C. Hutson, Jr. of Charleston is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4703 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DESIGNATE A MAP DOCUMENT NUMBER ON THE MAP DOCUMENT ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.

H. 3326 -- Reps. Richardson, Baxley, Beatty, Stoddard, L. Whipper, Fair and Herdklotz: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 117 SO AS TO CREATE THE INDIVIDUAL MEDICAL ACCOUNT ACT ALLOWING A PERSON TO DEPOSIT FUNDS IN AN ACCOUNT ESTABLISHED AS A TRUST FOR THE PURPOSE OF PAYING THE MEDICAL, DENTAL, AND LONG-TERM CARE EXPENSES OF THE ACCOUNT HOLDER AND TO PROVIDE FOR THE DUTIES OF THE TRUSTEE, TO PROVIDE A TAX EXEMPTION ON INTEREST EARNED, AND TO PROVIDE FOR THE WITHDRAWAL OF FUNDS.

H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR


Printed Page 1385 . . . . . Tuesday, March 12, 1996

PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".

ORDERED TO THIRD READING

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

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.

S. 1220 -- Senator Matthews: A BILL TO AMEND SECTION 7-7-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ORANGEBURG COUNTY, SO AS TO AUTHORIZE THE ORANGEBURG COUNTY ELECTION COMMISSION TO DETERMINE THE POLLING PLACE FOR EACH PRECINCT WITH THE APPROVAL OF A MAJORITY OF THE SENATORS AND A MAJORITY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES REPRESENTING ORANGEBURG COUNTY.

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.

Rep. NEAL explained the Bill.

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,


Printed Page 1386 . . . . . Tuesday, March 12, 1996

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.

H. 4625--RECONSIDERED AND RECALLED

The motion of Rep. TOWNSEND to reconsider the vote whereby the House concurred in the Senate amendments to the following Bill was taken up and agreed to.

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.

Rep. BAILEY moved to recall the Bill from Legislative Council, which was agreed to.

H. 4471--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate on the Senate amendments to the following Joint Resolution until Wednesday, March 13, which was adopted.

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 1387 . . . . . Tuesday, March 12, 1996

MOTION PERIOD

The motion period was dispensed with on motion of Rep. FLEMING.

RECURRENCE TO THE MORNING HOUR

Rep. FLEMING 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. 4732 -- Reps. Gamble, Wright, Spearman, Knotts, Koon and Riser: A BILL TO PROHIBIT, UNDER CERTAIN CONDITIONS, A SERVICE CHARGE, TAX, OR BUSINESS LICENSE FEE IMPOSED IN ANY AREA OF LEXINGTON COUNTY THAT HAS BEEN ANNEXED BY A MUNICIPALITY, TO PROHIBIT REIMBURSEMENT PAID A MUNICIPALITY UNDER THE PROVISIONS OF SECTION 12-37-270 OF THE 1976 CODE UNLESS A MUNICIPALITY COMPLIES WITH THIS ACT, TO PROHIBIT A MUNICIPALITY THAT ANNEXES IN LEXINGTON COUNTY FROM CHARGING A HIGHER RATE FOR WATER AND SEWER THAN IT CHARGES IN THE INCORPORATED AREA OF THAT MUNICIPALITY, AND TO PROVIDE EXCEPTIONS.

Rep. GAMBLE asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. SCOTT objected.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 4733 -- Reps. Robinson and Rice: A CONCURRENT RESOLUTION TO CONGRATULATE WILL EMERSON OF EASLEY, 1995-96 GOVERNOR OF PALMETTO BOYS STATE, FOR HIS SUCCESSFUL TENURE IN THIS OFFICE AND FOR HIS OUTSTANDING REPRESENTATION OF SOUTH CAROLINA WHILE SERVING AS GOVERNOR.

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


Printed Page 1388 . . . . . Tuesday, March 12, 1996

MOTION PERIOD

The motion period was dispensed with on motion of Rep. FLEMING.

H. 4492--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, March 19, which was adopted.

H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.

HOUSE TO MEET AT 11:00 A.M. TOMORROW

Rep. J. BROWN moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

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

ADJOURNMENT

At 12:45 P.M. the House in accordance with the motion of Rep. WALKER adjourned in memory of Marie Anna Bommer Frohlich of Landruff, to meet at 11:00 A.M. tomorrow.

* * *


Printed Page 1389 . . . . . Wednesday, March 13, 1996

Wednesday, March 13, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

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

Almighty God, as with renewed strength we undertake our challenges in this forum of public service, help us to be masters of ourselves that we may indeed serve others better. Give us a consuming passion, not to have our own way, but to find and do Your way. May no cherished resentment, no camouflaged selfishness, no engrained resentment ever obstruct our service to others. Enlarge our horizons to match the enormity of our challenges. And when the day is done may there be less for which we need forgiveness and more for which we are glad because we have given our very best.

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. J. HINES moved that when the House adjourns, it adjourn in memory of Elijah W. Davis of Lamar, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4396 -- Reps. Harvin, Herdklotz, Riser, Moody-Lawrence and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-135 SO AS TO REQUIRE INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS TO PAY FOR HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS FOR A MOTHER AND HER CHILD


Printed Page 1390 . . . . . Wednesday, March 13, 1996

AFTER A VAGINAL DELIVERY AND NINETY-SIX HOURS AFTER A CAESARIAN SECTION.

Ordered for consideration tomorrow.


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