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 2210, Apr. 11 | Printed Page 2230, Apr. 16 |

Printed Page 2220 . . . . . Thursday, April 11, 1996

H. 4277--POINT OF ORDER

The following Bill was taken up.

H. 4277 -- Reps. Walker, Baxley and Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-85 SO AS TO INCLUDE IN UNLAWFUL EMPLOYMENT PRACTICES THE CONDUCTING OF MEDICAL EXAMINATIONS AND INQUIRIES AND TO PROVIDE CONDITIONS UNDER WHICH THEY MAY BE CONDUCTED; TO AMEND SECTIONS 1-13-20, 1-13-30, AS AMENDED, 1-13-70, 1-13-80, AS AMENDED, 1-13-90, AND 1-13-100, RELATING TO THE STATE HUMAN AFFAIRS COMMISSION AND UNLAWFUL EMPLOYMENT PRACTICES AND THE PROHIBITION AGAINST DISCRIMINATION IN EMPLOYMENT BASED ON RACE, RELIGION, COLOR, SEX, NATIONAL ORIGIN, AND AGE, SO AS TO ALSO PROHIBIT DISCRIMINATION BASED ON DISABILITY AND TO DEFINE "DISABILITY" AND TO FURTHER PROVIDE HOW DISCRIMINATION BASED ON A DISABILITY IS AN UNLAWFUL EMPLOYMENT PRACTICE; TO AMEND SECTIONS 43-33-520, 43-33-530, 43-33-560, AND 43-33-570, RELATING TO THE BILL OF RIGHTS FOR HANDICAPPED PERSONS, SO AS TO DELETE PROVISIONS RELATING TO EMPLOYMENT; TO REPEAL SECTION 43-33-550 RELATING TO THE JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION OVER COMPLAINTS OF EMPLOYMENT DISCRIMINATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS AND SUBCONTRACTORS FROM STATE DISCRIMINATION LAWS WHEN THEY ARE SUBJECT TO SUCH FEDERAL LAWS.

POINT OF ORDER

Rep. J. BROWN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.


Printed Page 2221 . . . . . Thursday, April 11, 1996

ORDERED TO THIRD READING

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

H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill, Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.

Rep. BREELAND explained the Bill.

H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Limehouse, White, Wright, Stille, Keyserling, Koon, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.

Rep. WILDER explained the Bill.

H. 4568--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 4568 be read the third time tomorrow.

H. 4649--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 4649 be read the third time tomorrow.


Printed Page 2222 . . . . . Thursday, April 11, 1996

S. 922--POINT OF ORDER

The following Bill was taken up.

S. 922 -- Senator Wilson: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, SO AS TO REQUIRE THE DIVISION TO MAKE RECOMMENDATIONS TO THE GOVERNOR RATHER THAN TO THE GENERAL ASSEMBLY AND TO DELETE OBSOLETE PROVISIONS; AND TO AMEND SECTION 20-7-2391, RELATING TO PETITIONS FOR RELIEF FROM ACTIONS OR RECOMMENDATIONS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO DELETE THE PROVISION RELATING TO PROCEDURES A CHILD CARING FACILITY MUST COMPLY WITH WHEN THE FACILITY IS NOT IN AGREEMENT WITH A LOCAL BOARD'S RECOMMENDATION FOR PERMANENT PLACEMENT AT THE FACILITY.

POINT OF ORDER

Rep. DAVENPORT made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 68--POINT OF ORDER

The following Bill was taken up.

S. 68 -- Senators McConnell, Rose and O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.

Rep. WILKES explained the Bill.

POINT OF ORDER

Rep. BAXLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.


Printed Page 2223 . . . . . Thursday, April 11, 1996

H. 4502--POINT OF ORDER

The following Bill was taken up.

H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9213AC.96).

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 20-1-15. A marriage between persons of the same sex is void ab initio and against the public policy of this State.

Section 20-1-18. A marriage recognized in any other state or country may not be recognized in this State if it would be prohibited and declared void in this State."

SECTION 2. Section 20-1-10 of the 1976 Code is amended to read:

"Section 20-1-10. (A) Marriage is a contract between a woman and a man. All persons, except mentally incompetent persons, and persons whose marriage is prohibited by this section, may lawfully contract matrimony.

(B) No man shall marry his mother, grandmother, daughter, granddaughter, stepmother, sister, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, brother's daughter, sister's daughter, father's sister, or mother's sister, or another man.

(C) No woman shall marry her father, grandfather, son, grandson, stepfather, brother, grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson, brother's son, sister's son, father's brother, or mother's brother, or another woman."

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. COTTY explained the amendment.


Printed Page 2224 . . . . . Thursday, April 11, 1996

POINT OF ORDER

Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILLS

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

H. 4948 -- Reps. Neilson, Littlejohn, Cromer, Allison, Mason, Shissias, Lloyd, Wells, Wilder, Gamble, Jaskwhich, Rice, Davenport and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 14 SO AS TO CREATE THE SOUTH CAROLINA JUDICIAL NOMINATING COMMISSION TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF JUSTICES AND JUDGES FOR VACANCIES IN THE OFFICES OF SUPREME COURT JUSTICE, AND JUDGE OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, TO PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION, AND TO PROVIDE THE PROCEDURE FOR THE NOMINATION AND ELECTION OF CANDIDATES FOR THESE JUDICIAL VACANCIES INCLUDING A REQUIREMENT THAT BEFORE A MEMBER OF THE GENERAL ASSEMBLY MAY SUBMIT AN APPLICATION TO THE COMMISSION FOR ELECTION TO A JUDICIAL OFFICE, HE MUST FIRST RESIGN AS A MEMBER OF THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 4949 -- Rep. Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-690 SO AS TO AUTHORIZE A PERSON WHO OWNS PRIVATE PROPERTY TO SHRIMP FROM DOCKS ADJACENT TO AND OWNED BY THAT PERSON.

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


Printed Page 2225 . . . . . Thursday, April 11, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4950 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO CONGRATULATE THE HOLLY HILL-ROBERTS HIGH SCHOOL BOYS TRACK TEAM ON WINNING THE CLASS AAA STATE TRACK TITLE.

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4903 -- Rep. McMahand: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN EDUCATION AND COMMUNITY SERVICE OF MRS. DAISY B. ALEXANDER OF CAMDEN IN KERSHAW COUNTY.

H. 4904 -- Reps. Cromer, Harrison, Quinn, Cotty, Shissias, Rogers, Howard, Scott, Neal, Byrd and J. Brown: A CONCURRENT RESOLUTION COMMENDING AND THANKING THOMAS S. LINTON OF COLUMBIA FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS MEMBER AND CHAIRMAN OF THE RICHLAND COUNTY RECREATION COMMISSION.

H. 4907 -- Reps. Byrd, Cobb-Hunter, Kennedy, Lloyd, Inabinett, H. Brown, Cromer, Townsend, Scott, Rogers, Neal, Howard, J. Brown, Harrison, Shissias, Quinn, Cotty, Chamblee, Moody-Lawrence, Williams, Harvin, Stille, Askins, McAbee and Wofford: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EDWIN ROBERTS RUSSELL OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.


Printed Page 2226 . . . . . Thursday, April 11, 1996

ADJOURNMENT

At 12:10 P.M. the House in accordance with the motion of Rep. McELVEEN adjourned in memory of Maude Atkinson Brown, mother of Rep. G. BROWN, of Bishopville, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2227 . . . . . Friday, April 12, 1996

Friday, April 12, 1996

(Local 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 and all-seeing God, under Whose eye we live and work where our tasks are done in the spotlight of public notice or in the shadow of hidden places, may we look upward to behold Your majesty and glory, look inward to see our shortcomings, look around to see our need of Your help. Keep us sensitive to human suffering and responsive to human need. Keep our goals worthy, our thoughts pure, our efforts upright. Give us the ability to match great needs with great deeds. And as the hours of this day unfold, may we enter into each succeeding task with a resolute faith and a steadfast hope to do all the good we can, in all the ways we can, and for all the people we can.

To our ever-present God we pray. 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.

SENT TO THE SENATE

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

H. 4701 -- Rep. Worley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-65 SO AS TO AUTHORIZE FINANCIAL INSTITUTIONS TO VISIT PUBLIC EVENTS AND COMMERCIAL LOCATIONS FOR THE PURPOSE OF OPENING DEPOSIT ACCOUNTS SO LONG AS THE SPONSORING ORGANIZATION AGREES.

H. 4568 -- Reps. Hutson, Mason, Bailey, Cain, S. Whipper, Knotts, Lloyd, Meacham, Fulmer, Whatley, Harrison, Rhoad, Lee, Wofford, Sharpe, Cotty, Quinn, Littlejohn, J. Harris, Riser, Davenport, Simrill,


Printed Page 2228 . . . . . Friday, April 12, 1996

Felder, Wells and Spearman: A BILL TO AMEND SECTION 44-11-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT, PURPOSE, AND ADMISSIONS TO SOUTH CAROLINA VETERANS HOMES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA MENTAL HEALTH COMMISSION SHALL CONSULT WITH THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, CONCERNING THE POLICIES, MANAGEMENT, AND OPERATION OF VETERANS HOMES.

H. 4649 -- Reps. Shissias, Neal, Howard, Jennings, Hutson, J. Harris, Walker, Limehouse, White, Wright, Stille, Keyserling, Koon, McElveen, Davenport, Waldrop, McMahand, Gamble, Worley, Thomas, Richardson and Riser: A BILL TO AMEND TITLE 44, CHAPTER 35, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCER, TO ENACT THE CENTRAL CANCER REGISTRY ACT, SO AS TO CREATE THE SOUTH CAROLINA CENTRAL CANCER REGISTRY AND TO PROVIDE FOR ITS PURPOSE, REPORTING REQUIREMENTS, AND CONFIDENTIALITY; TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE AID TO ANY CANCER PATIENT RATHER THAN TO INDIGENT PATIENTS; AND TO ESTABLISH THE CANCER CONTROL ADVISORY COMMITTEE AND PROVIDE FOR ITS POWERS AND DUTIES.

ADJOURNMENT

At 10:15 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, April 16.

* * *


Printed Page 2229 . . . . . Tuesday, April 16, 1996

Tuesday, April 16, 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:

Teach us, good Lord, to know ourselves; to rejoice in our strength, and to recognize and seek to overcome our weaknesses.

Teach us to better understand others, that we may view their shortcomings with charity, their virtues with appreciation, their accomplishments with thanksgiving.

Teach us to know our State that we may correct its faults and seek to make greater its virtues.

Make us to know the will of God that we may be instruments to put it in effect.

Bless all who labor in Government, in tasks great and small. Give to all a full measure of Your truths to guide our thinking and our actions, that when the day's work is over we may be worthy of Your "Well done."

Yours is the power and the glory, both now and always. 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. COBB-HUNTER moved that when the House adjourns, it adjourn in memory of Listervelt Middleton of Blythewood, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 10, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Giese, Reese and Fair of the Committee of Conference on the part of the Senate on S. 846:


| Printed Page 2210, Apr. 11 | Printed Page 2230, Apr. 16 |

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