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 1520 . . . . . Wednesday, March 20, 1996

each of whom lost a son or daughter during military service. These most patriotic ladies carry on the memory of that service by their own service and acts of patriotism every day. Please join me in honoring them. There is another member of The American Legion Auxiliary present who is very active on the national level as well as here in South Carolina. She happens to be one of your own colleagues, your fellow State Representative Molly Spearman of Saluda. The next person I would like to introduce really needs to no introduction to this body for he has ably represented The American Legion in South Carolina and nationally for many years. Of course, I am talking about Mr. E. Roy Stone, Jr. of Greenville, a Past National Commander of The American Legion, a true veterans advocate and one of South Carolina's most distinguished and dedicated citizens! With me today are several other state officials and Legionnaires you know, The Commander of the South Carolina American Legion James B. Coleman, of Columbia, the State Adjutant, B.L. Black, and you all know Gene `Stoney' Wages, your State Director of Veterans Affairs and of course, Robert E. `Jack' David, Director of the State Employment Security Division, and also a past National Vice-Commander of The American Legion. Most of you know that veterans and especially The American Legion are involved in their communities, and concerned about many things. First and foremost, we are concerned about veterans and their well-being. We are concerned about veterans' families especially about the children and youth of this country. And, we are also concerned about our nation, its state of national defense preparedness and its state of domestic tranquillity. By that I mean how we live, how we feel about each other, how we get along and where we are headed as a society. I would like to spend a few minutes this morning to talk about some of these things and try to describe how The American Legion's presence and efforts of the past 77 years and for the next many years affect not just you and I but all Americans and all citizens of this great state of South Carolina. The American Legion was founded back in 1919 with one main purpose, to make sure veterans who served their country and fought a war `to end all wars' would be taken care of especially those who were wounded or gassed. The Legion was instrumental in the creation of the Veterans Bureau, later the Veterans Administration. Now, it is called the Department of Veterans Affairs. We lobbied for its elevation to Cabinet status. And we have continually fought to make sure the Congress appropriates enough money for it to operate so that the Federal government can take care of veterans properly as it is obliged to do. Sadly, the VA has been under-funded for too many years in a row. And a maze of complicated, bureaucratic rules which put veterans into
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categories of eligibility have had the result that many veterans have been unable to get the care they need and deserve. Perhaps you have read and seen news stories recently that the cost of VA medical care keeps going up, and the VA keeps building new hospitals while the number of veterans in this country is going down. The news stories emphasized that angle but barely mentioned that the number of veterans actually needing care, the older and sicker veterans, is going up! There are about 26-million veterans in the United States. Approximately 380-thousand of those veterans are living in the Palmetto State today. In recent years, the number has been increasing as veterans in other states tend to retire and move to the Sun Belt. Veterans are a big part of South Carolina's population and way of life. About 25-thousand of them belong to The American Legion in more than 200 posts in cities and towns all over the State. The federal government spends over 500-million dollars a year in South Carolina for its veterans. That covers health care for South Carolina's veterans, their compensation and pensions, and facilities and staff at the VA hospitals in Charleston and Columbia, and the VA out-patient clinic in Greenville. By the way, `Stoney' Wages tells me that his County Veterans Service Officers processed claims last year that resulted in about 5-million new dollars in compensation and pension payments for South Carolina veterans. I believe `Stoney' and his county officers are doing a `bang-up' job for veterans here in the Palmetto State! Federal dollars coming in here also include wages for the 32-hundred people the VA employs in this State. Of course, you folks pay for some of that half-billion dollar annual expenditure through your Federal taxes. But consider the payback! Those tax dollars come back into the state's economy in the form of veterans benefits and services. A large part of that half-billion dollars goes into the local economy for housing, food, clothing, and automobiles. Veterans are a pretty wise investment and South Carolina can stand proud as one of the foremost states when it comes to taking care of its veterans. Did you know that about 30 percent of the veterans now living in South Carolina, roughly 115-thousand of them are 65 years of age or older? I congratulate South Carolina, the Governor and his predecessors, and this body for the many years of attention you have given to the needs of veterans in this State, and the facilities you have provided for their care. You have had the foresight to acknowledge that growing number of aging veterans and establish Federal-State nursing homes to care for them. Let me thank you for that. But allow me to get back to the subject of national health care for veterans. I told you that the VA has problems getting enough money appropriated each year to run an adequate health care system. The system
Printed Page 1522 . . . . . Wednesday, March 20, 1996

is bound by too many old and restrictive regulations. Does that surprise any of you when we discuss the federal bureaucracy? The American Legion believes it is time in fact long overdue to reform the nation's veterans health care system. The Legion has proposed a new plan to change the entire structure and approach of the VA health care system. To `revolutionize,' if you will, the way VA delivers and pays for care. We call it, The American Legion Veterans Health Care Security Plan. Three weeks ago, I called a special meeting of our Veterans Planning and Coordinating Committee in Washington. E. Roy Stone, a long-time member of that Committee and valued counselor in veterans affairs attended. We discussed our Health Care Security Plan with Secretary of Veterans Affairs Jesse Brown and members of his staff. Here are some of the things The American Legion Veterans Health Care Security Plan will do: It will organize the Veterans Health Administration into a health care delivery system instead of a hospital-bed system for sick and impoverished veterans. It will assure that all veterans with service-connected disabilities or illnesses receive all necessary and appropriate care for those conditions at no personal cost. It will allow veterans and their immediate dependents access to the VA health care system by paying premiums, co-payments and deductibles. It will allow service-connected veterans below 50 percent to purchase additional care for unrelated conditions by paying significantly discounted premiums. The plan will assure that all catastrophically ill veterans, those without sufficient funds and all special category veterans will have access to VA health care. It will create a system of appropriation by capitation so that VA can be adequately funded for mandated care. It will permit the VA to retain all third-party payments. And it will create a cafeteria type benefit package selection to avoid purchase of unnecessary services and reduce costs to beneficiaries. We hope that Secretary Brown looks with favor on our ideas. The proposal is already getting a good reception among a number of lawmakers and we hope to introduce it in legislative form in the next session of Congress. If enacted, this would clearly be the greatest legislative initiative achieved by The American Legion since the Servicemen's Readjustment Act of 1944, better known as The GI Bill. After all, our purpose is to preserve and improve the VA Health Care System before it is destroyed by some who believe it has outlived its usefulness or else self-destructs. It would revitalize a system that is the only true national health care system we have. One that serves as a backup hospital system in case of war or natural disaster and one that has always provided the teaching and training hospitals for a majority of the country's new doctors. It is truly a national asset and one that should not
Printed Page 1523 . . . . . Wednesday, March 20, 1996

only be reformed, but preserved. Permit me to touch on several other topics. The American Legion is very concerned about the deployment of our U.S. military forces on the peacekeeping mission in Bosnia. We were opposed to the deployment on the grounds that no clear national interest was apparent, that there was no overwhelming Congressional support for the move and very little public support. The deployment went ahead, some Congressional support was obtained and the fact remains that U.S. troops are on the ground in that war-torn former Yugoslavian landscape hopefully for only one year. But now that they are there, The American Legion supports our brave service men and women 100 percent and we will do everything we can to assist them. One special way we are doing that is the re-activation of The American Legion Family Support Network. We began that initiative back in 1990 during Operation Desert Shield and Desert Storm in the Persian Gulf. We answered more than 30-thousand phone calls for assistance. Now, five years later, it's back in business ready to assist families of U.S. troops deployed to Bosnia. There's a 24-hour, toll-free number up-and-running ready to take calls from military families who need help with short term financial assistance, or hands-on help from members of The American Legion Family. You can imagine how large a part the American Legion Auxiliary plays in an effort like this! After all, who knows better what kinds of problems can confront those who are left at home than those who have been there before? Our 3-million members of the Legion, the one million of the Auxiliary, and the 180-thousand in the Sons of The American legion in cities and towns all over the country stand ready to help. That toll-free number is 1-800-504-4098. The American Legion and Auxiliary have for almost all of our three-quarters of a century existence been involved in programs for the benefit of the children and youth of America. Programs like American Legion Boys State and Boys Nation and American Legion Auxiliary Girls State and Girls Nation and like American Legion baseball, and the national High School Oratorical contest. These are our traditional programs for the education and betterment of today's young people especially their character. The American Legion is and has always been concerned about the preservation of the principles of justice, freedom and democracy and that they are safeguarded and passed on to posterity. We believe in law and order and a 100 percent Americanism. Ladies and gentlemen, members of the Legislature, and citizens of South Carolina, we are very concerned about the state of those high principles and values in our nation today! We seem to be living in a society that respects very little and honors even less. Most of today's problems can be traced to a breakdown in respect, respect for laws, for traditions and for each other. Growing
Printed Page 1524 . . . . . Wednesday, March 20, 1996

numbers of people think that they are not answerable to anything or anyone but themselves. They think that nothing takes priority over the needs or desires and so-called `rights' of the individual. It is what has been called the `me' generation. Nothing is forbidden. Everything is permissible from the shocking, vulgar music that urges kids to go out and shoot cops to the desecration of a cherished symbol like the American Flag! Amid all this, the Flag stands alone as the one unifying symbol of all the values that this nation was built upon and all the country was meant to be. If respect for the Flag were taught once again, and children were brought up to understand the principles it represents, it could help turn the tide of chaos and disrespect that is rampant in today's society. As most of you know, The American Legion Family has been engaged in a six-year battle to secure a constitutional amendment which would allow passage of laws to protect the flag from intentional physical desecration. We were joined by more than 112 like-minded organizations which formed a grass-roots coalition called the Citizens Flag Alliance. They represented more than 75 percent of the American people who believe flag burning is wrong, and that it should be protected by means of an amendment to the constitution. Forty-nine of the fifty state legislatures passed `memorializing' resolutions asking Congress to pass such a flag protection amendment. I am proud to say that this South Carolina Legislature was one of the earliest states to do so back in 1991. As many of you know the amendment came to a vote in both houses of Congress last year. In June, the House of Representatives passed the measure by an overwhelming vote of 312 to 120. In December, The United States Senate came within just three votes of the necessary two-thirds majority for passage. The vote was 63 to 36. Disappointed? You bet we were! But remember, 63 out of 99 Senators voted with us! We won more than 375 legislators in all! Our efforts of the past six years have not been in vain. Those who fought to take remote island outposts in the Pacific a half-century ago sometimes stumbled at first, but eventually prevailed. We undertook a noble fight in trying to save our flag, and the fact that we have suffered a temporary setback does not diminish the nobility of what we fought for. This fight is not over by a long shot! We'll be back! Already, plans are being made to generate more grass roots support and revitalize the campaign. We expect the issue will play a part in some key Congressional races leading to the November elections. The amendment will be introduced in the 105th Congress next January. I hope we can count on the support of the citizens of this great State of South Carolina and you who serve them as their elected officials. Restoring respect for the flag is the place to start restoring respect for our values, for each other, and for our country. Join
Printed Page 1525 . . . . . Wednesday, March 20, 1996

us once again, in this noble fight to head this country back on course! Distinguished members of the Legislature, we are honored to be with you today. We of the American Legion Family are extremely grateful for all that you do for the citizens you represent and especially for the veterans of South Carolina. God Bless you, and God Bless America."

Upon the conclusion of his address, the National Commander and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:35 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4776 -- Reps. R. Smith and Mason: A CONCURRENT RESOLUTION CONGRATULATING ST. JOHN UNITED METHODIST CHURCH OF GRANITEVILLE ON ITS ONE HUNDRED FIFTIETH ANNIVERSARY.

H. 4786 -- Rep. Koon: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL WILDCATS ON THEIR WINNING THE 1996 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP.

ADJOURNMENT

At 12:36 P.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of Beatrice A. Ferguson Hayes of Clinton, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 1526 . . . . . Thursday, March 21, 1996

Thursday, March 21, 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:

Almighty God, our Ruler, Guide and Judge, we thank You for the Divine Law revealed first on Sinai's Mountain top, which when obeyed bring light and life to man, but when these Ten Commandments are disobeyed bring ruin. Cause us here to walk and work hand in hand with each other, following the guidance of Your Word. If we have wavered in our devotion to our God or if our vision of higher things become dim, forgive us and restore us to the right path. We pray not only for those who make the laws, but also for those who interpret the laws, and for those who enforce the laws.

And to You, Father God, 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. KLAUBER moved that when the House adjourns, it adjourn in memory of Floyd M. Norman of Greenwood, which was agreed to.

APPOINTMENT CONFIRMED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 20, 1996
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is, therefore, submitted for your consideration.


Printed Page 1527 . . . . . Thursday, March 21, 1996

Respectfully,
David M. Beasley

LOCAL APPOINTMENT

Initial Appointment, Horry County Master-in-Equity, with term to commence July 31, 1991, and to expire July 31, 1997:

Honorable James Stanton Cross, Jr., 1040 Chelsey Circle, Conway, S.C. 29526 VICE John L. Breeden, Jr. (resigned)

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

APPOINTMENT CONFIRMED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 20, 1996
Dear Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the advice and consent of the General Assembly, and is, therefore, submitted for your consideration.

Respectfully,
David M. Beasley

LOCAL APPOINTMENT

Reappointment, Lee County Master-in-Equity, with term to commence December 31, 1995, and to expire December 31, 2001:

Honorable Robert D. Jennings, 1 Courthouse Square, Bishopville, S.C. 29010

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEE

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO


Printed Page 1528 . . . . . Thursday, March 21, 1996

SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.

Ordered for consideration tomorrow.


Printed Page 1529 . . . . . Thursday, March 21, 1996

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1082 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE MADE AVAILABLE BY THE STATE BUDGET AND CONTROL BOARD TO ACTIVE AND RETIRED STATE AND SCHOOL DISTRICT EMPLOYEES AND OTHERS, SO AS TO PROVIDE AN EXCLUSIVE REMEDY FOR RESOLVING CLAIMS WITH RESPECT TO THE PAYMENT OF BENEFITS.

Ordered for consideration tomorrow.

Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:

S. 1148 -- Senators Drummond, J. Verne Smith, Leventis, Peeler, Patterson, Washington and Giese: A BILL TO AMEND SECTION 10-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF INSURANCE PREMIUMS TO THE STATE BUDGET AND CONTROL BOARD, AND SECTION 15-78-160, RELATING TO THE STATE BUDGET AND CONTROL BOARD NOT BEING LIABLE FOR UNCOVERED OR UNFUNDED RISKS WHEN AN AGENCY OR POLITICAL SUBDIVISION FAILS TO PAY INSURANCE PREMIUMS UNDER THE TORT CLAIMS ACT, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES WHERE THE BOARD MAY CANCEL SUCH POLICIES FOR NONPAYMENT OF PREMIUMS; TO AMEND SECTION 11-9-75, RELATING TO STATE


Printed Page 1530 . . . . . Thursday, March 21, 1996

FUNDS BEING WITHHELD FROM COUNTIES AND MUNICIPALITIES WHICH ARE DELINQUENT IN PAYMENTS DUE THE STATE, SO AS TO REVISE THE TYPES OF ENTITIES TO WHICH THIS SECTION APPLIES, AND TO PERMIT AN AGENCY OR INSTITUTION TO WRITE OFF AS A BAD DEBT CERTAIN DELINQUENT PAYMENTS; AND TO REPEAL SECTION 10-7-110 RELATING TO DELINQUENT INSURANCE PREMIUMS PAYABLE TO THE STATE BUDGET AND CONTROL BOARD BEING DEDUCTED FROM CERTAIN GASOLINE TAX DISTRIBUTIONS.

Ordered for consideration tomorrow.


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