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

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| Printed Page 1430, Mar. 14 | Printed Page 1450, Mar. 19 |
Printed Page 1440 . . . . . Tuesday, March 19, 1996
Tuesday, March 19, 1996

(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:

Almighty God, Ruler of all men and of all Nations, at this altar of prayer we pause to renew our vows to serve our fellowmen and in serving him to serve our Heavenly Father. May this place be a symbol of freedom and justice, of uprightness and truth to be matched by the quality of our service. Fill our hearts with thankfulness and our minds with wisdom. Make us good workmen, upholding what is right, correcting what is wrong, always striving to do Your will.

May goodness, charity and understanding abide with us now and remain with us as we travel the journey of life. 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. WHITE moved that when the House adjourns, it adjourn in memory of Ruby Jones of Columbia, which was agreed to.

H. 4471--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., March 14, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4471:

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

Printed Page 1441 . . . . . Tuesday, March 19, 1996
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.
Very respectfully,
President

On motion of Rep. CATO, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. JASKWHICH, VAUGHN and CATO to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

On motion of Rep. YOUNG-BRICKELL, with unanimous consent, the following was taken up for immediate consideration:

H. 4756 -- Rep. Young-Brickell: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BOYS BASKETBALL TEAM OF PINEWOOD PREPARATORY SCHOOL, THE TEAM'S COACHES AND STAFF, AND OTHER SCHOOL OFFICIALS FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR WINNING THE 1996 SCISAA CLASS AAA TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the boys basketball team of Pinewood Preparatory School, the team's coaches and staff, and other school officials, on a date and at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for winning the 1996 SCISAA Class AAA title.

The Resolution was adopted.

Printed Page 1442 . . . . . Tuesday, March 19, 1996
HOUSE RESOLUTION

The following was introduced:

H. 4757 -- Rep. Gamble: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. JOE BONDS, SUPERINTENDENT OF LEXINGTON COUNTY SCHOOL DISTRICT TWO, MR. BARRY F. BOLEN, PRINCIPAL OF BROOKLAND-CAYCE HIGH SCHOOL, AND OTHER REPRESENTATIVES OF THE DISTRICT AND THE SCHOOL FOR THE PURPOSE OF RECEIVING CONGRATULATIONS ON BROOKLAND-CAYCE HIGH SCHOOL'S SELECTION AS A WINNER IN REDBOOK MAGAZINE'S "AMERICA'S BEST SCHOOLS" PROJECT.

The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4758 -- Rep. Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE PANTHERS OF PINEWOOD PREPARATORY SCHOOL ON WINNING THE SCISAA CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL FOR 1996.

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

INTRODUCTION OF BILLS

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

H. 4759 -- Reps. Easterday, Keegan, S. Whipper, L. Whipper, Mason, Inabinett, Davenport, Cato, Whatley, Allison, Walker, Haskins, Govan, Herdklotz, McMahand, Wilkins, Sharpe, Tripp, Robinson, Wofford, Meacham, Kelley, Wells, Vaughn, R. Smith, Byrd, Trotter, Seithel, Rhoad, Loftis, Sandifer, Marchbanks, Waldrop, Cain, Hutson, Stoddard, Rice, Wilder, J. Young, Kinon, Young-Brickell, Limehouse, Lloyd, Harrell, T. Brown, Cotty, Lanford, Harrison, D. Smith, McKay, Limbaugh, Carnell, Klauber, Stuart, J. Brown, Cave and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-316 SO AS TO PROVIDE THAT THE WRITTEN CONSENT OF THE RECIPIENT IN THIS STATE IS

Printed Page 1443 . . . . . Tuesday, March 19, 1996
FIRST REQUIRED BEFORE ANY PERSON THROUGH USE OF THE MAIL OR OTHERWISE MAY SEND TO THAT PERSON ANY MATERIAL WHICH CONTAINS NUDITY, VIOLENCE, SEXUALLY-EXPLICIT CONDUCT, OR VULGAR OR PROFANE LANGUAGE; TO PROVIDE THAT IF THIS CONSENT HAS BEEN OBTAINED, THE ENVELOPE OR PACKAGE CONTAINING THIS MATERIAL MUST HAVE CERTAIN LEGIBLE DISCLOSURES THEREON; TO PROVIDE EXCEPTIONS; AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 4760 -- Reps. Easterday, Cain, Jaskwhich, Koon, Kelley, Richardson, Keegan and Marchbanks: A BILL TO AMEND SECTION 56-1-746, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A MINOR'S DRIVER'S LICENSE FOR POSSESSING BEER, WINE, OR ALCOHOLIC LIQUOR AND FOR CERTAIN OTHER OFFENSES, SO AS TO PROVIDE THAT THE DRIVER'S LICENSE OF ANY CHILD LESS THAN EIGHTEEN YEARS OF AGE WHO HAS NOT GRADUATED FROM HIGH SCHOOL AND WHO IS NOT ENROLLED IN SCHOOL SHALL BE SUSPENDED, TO PROVIDE THE PROCEDURES FOR THIS SUSPENSION, TO PROVIDE FOR THE DURATION OF THE SUSPENSION, AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Education and Public Works.

H. 4761 -- Reps. Gamble, Koon, Knotts, Riser, Spearman and Wright: 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 AND TO PROVIDE EXCEPTIONS.

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

Rep. STUART objected.

Referred to Lexington Delegation.

H. 4762 -- Rep. Williams: A BILL TO AMEND SECTIONS 23-6-100 AND 23-6-110, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR DISTINCTIVE UNIFORMS AND VEHICLES FOR THE HIGHWAY

Printed Page 1444 . . . . . Tuesday, March 19, 1996
PATROL AND THE STATE POLICE, SO AS TO PROVIDE THAT ALL MOTOR VEHICLES OF THE HIGHWAY PATROL USED FOR THE PATROL OF THE HIGHWAYS OF THE STATE AND THE ENFORCEMENT OF THE LAWS OF THE STATE RELATIVE TO HIGHWAY TRAFFIC, TRAFFIC SAFETY, AND MOTOR VEHICLES, AND ALL MOTOR VEHICLES OF THE STATE POLICE USED FOR THE ENFORCEMENT OF LAWS RELATING TO COMMERCIAL MOTOR CARRIERS RELATING TO SIZE, WEIGHT, PERMITS, LICENSING, AND INSPECTIONS FOR SIZE AND WEIGHT TOLERANCE AND SAFETY, MUST BE CONSPICUOUSLY MARKED AS VEHICLES OF THE HIGHWAY PATROL OR THE STATE POLICE BY THE PLACEMENT OF BLUE OR OTHER APPROPRIATELY COLORED LIGHTS ATOP THE VEHICLE AND CONTAIN OTHER MARKINGS TO CLEARLY IDENTIFY THE VEHICLE AS A VEHICLE OF THE HIGHWAY PATROL OR THE STATE POLICE.

Referred to Committee on Education and Public Works.

H. 4763 -- Reps. Haskins and Harrell: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS AND EXEMPT THEM FROM THE PROHIBITION.

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

H. 4764 -- Rep. Hallman: A BILL TO AMEND CHAPTER 67, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE ACT FOR SPEECH/LANGUAGE PATHOLOGISTS AND AUDIOLOGISTS, SO AS TO REVISE THIS CHAPTER TO CONFORM TO A UNIFORM FRAMEWORK FOR THE ORGANIZATION AND OPERATION OF PROFESSIONAL AND OCCUPATIONAL BOARDS.

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

H. 4765 -- Rep. Wilder: A BILL TO AMEND SECTION 44-53-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPRESSANTS CLASSIFIED AS SCHEDULE IV CONTROLLED SUBSTANCES, SO AS TO REVISE THE SUBSTANCES COMPRISING THIS CLASSIFICATION; TO AMEND

Printed Page 1445 . . . . . Tuesday, March 19, 1996
SECTION 44-53-360, RELATING TO DISPENSING OF CONTROLLED SUBSTANCES, SO AS TO CONFORM REFERENCES TO CURRENT LAW AND TO DELETE PROVISIONS RELATING TO LABELING OF CERTAIN DRUG PRODUCTS AND TO REVISE MAXIMUM PERIODS FOR WHICH CONTROLLED SUBSTANCES MAY BE PRESCRIBED; TO AMEND SECTION 44-53-710, AS AMENDED, RELATING TO METHADONE TREATMENT, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES; TO AMEND SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO DELETE REFERENCES TO PROGRAMS LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES, AND TO AUTHORIZE DISPENSING FOR ANALGESIA; TO AMEND SECTION 44-53-730, RELATING TO RESTRICTIONS ON THE SALE OF METHADONE, SO AS TO REVISE TO WHOM METHADONE MAY BE SOLD OR DISTRIBUTED; AND TO AMEND SECTION 44-53-740, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS, SO AS TO DELETE REFERENCES TO FACILITIES LICENSED BY THE DEPARTMENT OF MENTAL HEALTH AND APPROVED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES.

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

H. 4774 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-227 SO AS TO PROVIDE A METHOD FOR VALUING HOMEOWNERS' ASSOCIATION PROPERTY FOR AD VALOREM TAX PURPOSES; AND TO AMEND SECTION 12-43-230, RELATING TO THE DEFINITIONS OF CERTAIN TYPES OF PROPERTY FOR AD VALOREM TAX PURPOSES SO AS TO DEFINE HOMEOWNERS' ASSOCIATION PROPERTY.

Referred to Committee on Ways and Means.

Printed Page 1446 . . . . . Tuesday, March 19, 1996
HOUSE RESOLUTION

On motion of Rep. COBB-HUNTER, with unanimous consent, the following was taken up for immediate consideration:

H. 4766 -- Rep. Cobb-Hunter: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE BULLDOGS BASKETBALL TEAM OF HOLLY HILL-ROBERTS HIGH SCHOOL, THE TEAM'S COACHES AND STAFF, AND OFFICIALS AND REPRESENTATIVES OF THE SCHOOL FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE TEAM ON WINNING THE 1996 CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Bulldogs basketball team of Holly Hill-Roberts High School, the team's coaches and staff, and officials and representatives of the school, on a date and at a time to be determined by the Speaker, for the purpose of recognizing and congratulating the team on winning the 1996 Class AAA state championship in boys basketball.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4767 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING THE BULLDOGS OF HOLLY HILL-ROBERTS HIGH SCHOOL ON WINNING THE 1996 CLASS AAA STATE CHAMPIONSHIP IN BOYS BASKETBALL.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4768 -- Rep. Gamble: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF FRANKLIN J. KELLY OF WEST COLUMBIA, WHO WAS TRAGICALLY KILLED AT HIS BARBER SHOP ON ASSEMBLY STREET IN COLUMBIA EARLY THURSDAY MORNING ON

Printed Page 1447 . . . . . Tuesday, March 19, 1996
MARCH 14, 1996, IN A SENSELESS ACT OF PREMEDITATED VIOLENCE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4769 -- Rep. Gamble: A CONCURRENT RESOLUTION CONGRATULATING BROOKLAND-CAYCE HIGH SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO ON BEING NAMED A WINNER IN REDBOOK MAGAZINE'S "AMERICA'S BEST SCHOOLS" PROJECT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4770 -- Reps. Klauber, Carnell, McAbee and Stille: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MARION H. DAVIS, SR., OF GREENWOOD, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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

HOUSE RESOLUTION

On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:

H. 4771 -- Rep. Delleney: A HOUSE RESOLUTION TO CONGRATULATE AND RECOGNIZE THE GREAT FALLS HIGH SCHOOL "RED DEVILS" BOYS BASKETBALL TEAM FOR WINNING THE 1995-96 CLASS A STATE CHAMPIONSHIP AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the House of Representatives are delighted to learn that the Great Falls High School "Red Devils" Boys Basketball Team has recently won the 1995-96 Class A State Championship; and

Printed Page 1448 . . . . . Tuesday, March 19, 1996
Whereas, this marked the Great Falls Boys Basketball Team's fourth trip to the state championship in the last five years; and

Whereas, Great Falls had done their job by mopping up an 84-59 victory over Elloree for their third state championship since 1977; and

Whereas, this blowout closed the "Red Devils" basketball season with a perfect 25-0 record; and

Whereas, Head Coach John Smith and his staff guided his team to the pinnacle of success during the 1995-96 season; and

Whereas, Coach Smith has added to his rich basketball history of twenty-seven years at Great Falls High by accomplishing his 500th win with the Great Falls Boys Squad on February 9, 1996; and

Whereas, this milestone further elevates Coach Smith, his team, and Great Falls High School, as well as their community, as the MOST WINS IN BOYS BASKETBALL OF ANY HIGH SCHOOL IN THE STATE OF SOUTH CAROLINA; and

Whereas, the "Red Devils" hard work, determination, and dedication are exemplified in their continuing success and especially upon the conclusion of a truly memorable season. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, congratulate and recognize the Great Falls High School "Red Devils" Boys Basketball Team for winning the 1995-96 Class A State Championship.

Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives at a date and time to be determined by the Speaker for the purpose of being recognized and congratulated.

Be it further resolved that a copy of this resolution be forwarded to Head Coach John Smith.

The Resolution was adopted.

HOUSE RESOLUTION

On motion of Rep. MASON, with unanimous consent, the following was taken up for immediate consideration:

H. 4772 -- Rep. Mason: A HOUSE RESOLUTION TO CONGRATULATE AND RECOGNIZE THE SOUTH AIKEN HIGH SCHOOL "LADY THOROUGHBREDS" GIRLS TENNIS TEAM UPON WINNING THE 1995-96 CLASS AAAA STATE CHAMPIONSHIP AND TO PROVIDE THAT THE TEAM, COACH, AND SCHOOL

Printed Page 1449 . . . . . Tuesday, March 19, 1996
OFFICIALS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR ON WEDNESDAY, MARCH 27, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the House of Representatives are very pleased to learn that the South Aiken High School Girls Tennis Team has captured the 1995-96 Class AAAA State Championship; and

Whereas, the "Lady Thoroughbreds", who play three middle school students as seeded players and start only one senior, blitzed Irmo High School 4-2 to capture this championship; and

Whereas, this title is the school's first state championship since winning the Class AAA golf crown in 1989; and

Whereas, it is also South Aiken's first state championship as a Class AAAA school; and

Whereas, this talented team finished the season undefeated with an excellent record of 17-0; and

Whereas, the "Lady Thoroughbreds" were led throughout the year by South Aiken Head Coach Barbara Sproull who without question is one of the finest tennis coaches in South Carolina; and

Whereas, South Aiken's youth may have actually worked in its favor, as the players may not have realized the magnitude of competing for a state title; and

Whereas, the accomplishments of the South Aiken High School Girls Tennis Team this season have brought deserved recognition and credit not only upon the members of the team and their school but upon their community and county as well. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, hereby extend their congratulations to the South Aiken High School "Lady Thoroughbreds" Girls Tennis Team on winning the 1995-96 Class AAAA State Championship.

Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives on Wednesday, March 27, 1996, at a time to be determined by the Speaker for the purpose of being recognized and congratulated.

Be it further resolved that a copy of this resolution be forwarded to Head Coach Barbara Sproull.

The Resolution was adopted.

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