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 2220, Apr. 11 | Printed Page 2240, Apr. 16 |
Printed Page 2230 . . . . . Tuesday, April 16, 1996
S. 846 -- Senator Giese: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 72 SO AS TO PROVIDE FOR THE ISSUANCE OF SOUTH CAROLINA OLYMPIC LICENSE PLATES.
Very respectfully,
President

Received as information.

CONFIRMATION OF APPOINTMENT

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

April 10, 1996
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
Governor

LOCAL APPOINTMENT

Initial Appointment, Georgetown County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001:

Honorable Benjamin H. Culbertson, Post Office Box 943, Georgetown, S.C. 29442 VICE Jack Scoville

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

Printed Page 2231 . . . . . Tuesday, April 16, 1996
INVITATIONS

On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.

February 16, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the South Carolina Primary Care Association (SCPCA), it is a pleasure to extend to you, and your fellow House members, an invitation to attend a reception on Tuesday, May 7, 1996, from 6:00 P.M. to 8:00 P.M. in the Governor's Ballroom of the Capital City Club.

Our membership consists of Community, Migrant and Homeless Health Centers through-out the state. Collectively, these centers provide medical care to more than 100,000 South Carolinians. These centers are governed by a Board of Community representatives who will be present at this reception. We look forward to the opportunity to meet and greet the members of our State House of Representatives.

We have already been in contact with Ms. Colette Swan of your office to assure that the date of the reception is conducive to the House calendar. Individual invitations will be sent to each member several weeks prior to the reception.

If you have any questions, please feel free to contact either myself or Kathy Adams of my staff at (803) 738-9881.

Sincerely,
Lathran J. Woodard
Executive Director

Printed Page 2232 . . . . . Tuesday, April 16, 1996
February 21, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

Governor Beasley wishes to extend to members of the S.C. House of Representatives an invitation to the Governor's Annual Legislative Reception. This reception is scheduled for Wednesday, May 8, 1996, from 6:00 until 8:00 P.M. on the Mall of the Governor's Mansion.

Thank you for your assistance in this matter. Please let me know if I can be of help to you in any way.

Sincerely,
H. Howell Clyborne, Jr.
Deputy Chief of Staff

TO: Senate and House Representatives Invitations Committee
FROM:Edward Thompson, CLP

SCRPA President
DATE:March 7, 1996
SUBJECT: Legislative Drop-In

This memo is to confirm our invitation to the Senate and House of Representatives to our Legislative Drop-In at Finlay Park, Columbia, S.C. on May 14th from 5:30 P.M. to 7:00 P.M.

March 21, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

RE: Association of Citadel Men

1996 Legislative Barbecue

Dear Rep. Quinn:

The Governmental Affairs Committee of the Association of Citadel Men, on behalf of our Citadel alumni and friends of The Citadel, cordially extend an invitation to the members of the House of Representatives, their

Printed Page 2233 . . . . . Tuesday, April 16, 1996
spouses and attaches to attend the Twenty-first Annual Association of Citadel Men Legislative Barbecue. This event is held to honor the members of the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals and Judges of the Circuit Court.

The 1996 barbecue is scheduled for Wednesday, May 1, in the Cantey Building on the State Fair Grounds from 6:30 P.M. to 10:00 P.M. Dress will be casual. Everyone attending must be at least 21 years of age.

We would request that this invitation be extended to the members of the House of Representative by placing an announcement on the House Calendar. A formal invitation will be sent to you and to the members of the House about ten days prior to the barbecue.

Very truly yours,
Richard H. MacMillan, Jr.
Major General, USAR
President

CONCURRENT RESOLUTION

The following was introduced:

H. 4951 -- Rep. Neal: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW AND DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND COUNTLESS FRIENDS OF A TRUE PUBLIC SERVANT, SECRETARY OF COMMERCE RONALD H. BROWN, ONE OF THE FINEST AND MOST DISTINGUISHED LEADERS IN OUR NATION'S HISTORY.

Whereas, Commerce Secretary Ronald H. Brown departed this life on Wednesday, April 3, 1996; and

Whereas, it was with the greatest sadness that all South Carolinians received the news of this great man's death; and

Whereas, born in Washington, the fifty-four year old grew up in a Harlem trademark, the Hotel Theresa, which his father managed; Secretary Brown's parents sent him to private schools in New York, then to Middlebury College in Vermont, and he graduated from St. John's Law School in New York, where one of his professors was Mario Cuomo; and

Whereas, Secretary Brown served his country as a captain in the United States Army in the 1960s; and

Printed Page 2234 . . . . . Tuesday, April 16, 1996
Whereas, Secretary Brown was a devoted husband to his wife of thirty-three years, Alma, and loving father to their children, Michael and Tracey, both of whom have pursued careers as outstanding attorneys; and

Whereas, he was a distinguished and brilliant attorney, with an excellent legal grasp of knowledge relating to policies and other important matters of the world; and

Whereas, Ron Brown was a tireless advocate for American business, the essence of leadership, a man who could walk into a room and almost instantly build partnership, camaraderie, and a sense of purpose; and

Whereas, anyone who has known him up close has a story about his ability to heal hurt feelings, bring warring sides together, and whose multiple talents will not be easily replaced; and

Whereas, from abroad, where Secretary Brown had traveled extensively representing the United States, world leaders sent their condolences and tributes which poured in from countries including Japan, South Korea, India, Pakistan, Canada, France, Germany, and Kenya; and

Whereas, business groups hailed Secretary Brown in promoting American products and services in the global marketplace; and

Whereas, Secretary Brown, along with the thirty-two fine American "Patriots" who died with him, are a painful loss to the United States and will not be easily replaced; and

Whereas, the United States has lost a distinguished, brilliant, and compassionate man in Secretary Ronald H. Brown, and we want the members of his family and his many friends to know that they are uppermost in our thoughts and prayers during this difficult time. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, are proud to have this opportunity to note the enormous achievements of the late Secretary Ronald H. Brown. History will record his outstanding achievements and lasting impact on our nation and the world.

Be it further resolved that a copy of this resolution be forwarded to the family of Secretary Ronald H. Brown.

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

Printed Page 2235 . . . . . Tuesday, April 16, 1996
CONCURRENT RESOLUTION

The following was introduced:

H. 4952 -- Rep. Hodges: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE A PORTION OF SOUTH CAROLINA HIGHWAY 160 IN LANCASTER COUNTY AS THE "JOHN D. PATTERSON MEMORIAL HIGHWAY" AND TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1351 -- Senators Leventis, Moore, Alexander, Boan and Martin: A CONCURRENT RESOLUTION TO URGE THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA), IN ITS REVIEW OF THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE, TO THOROUGHLY EXAMINE ALL ASPECTS OF THE STANDARD, INCLUDING RETAINING THE EXISTING .12 STANDARD WITH APPROPRIATE REVISIONS, AND CAREFULLY EVALUATE THE POTENTIAL INCREMENTAL HEALTH IMPACTS AND ECONOMIC CONSEQUENCES ON STATES, LOCALITIES, SMALL AND LARGE BUSINESS, AND INDIVIDUAL CITIZENS; TO URGE FURTHER THAT THE STANDARD CHOSEN BY EPA SHOULD BE REASONABLE AND ACHIEVABLE AND ANY CHANGES MUST BE LOOKED AT IN THEIR ENTIRETY; AND TO URGE FINALLY THAT EPA IDENTIFY ANY UNFUNDED MANDATES OR OTHER ADMINISTRATIVE BURDENS FOR STATE OR LOCAL GOVERNMENTS OR AGENCIES THAT WOULD DERIVE FROM CHANGES TO THE NATIONAL AMBIENT AIR QUALITY STANDARD FOR OZONE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1352 -- Senator Holland: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME A

Printed Page 2236 . . . . . Tuesday, April 16, 1996
PORTION OF SOUTH CAROLINA HIGHWAY 34 FROM UNITED STATES HIGHWAY 1 AT CAMDEN TO THE LEE COUNTY LINE THE 34TH INFANTRY DIVISION OF WORLD WAR II MEMORIAL HIGHWAY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1353 -- Senators Washington, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, 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 CONCURRENT RESOLUTION TO COMMEMORATE THE LIFE, ACHIEVEMENTS, AND THE HUMAN SPIRIT OF SECRETARY RONALD H. BROWN, A MAGNIFICENT PERSON AND 30TH U.S. SECRETARY OF COMMERCE, AND TO REFLECT UPON WHAT SECRETARY BROWN MEANT TO HIS COUNTRY, THE PEOPLE OF THE UNITED STATES, AND THE WORLD.

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

INTRODUCTION OF BILLS

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

S. 128 -- Senator Rankin: A BILL TO AMEND SECTION 56-1-460 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO DECREASE THE PERIOD OF INCARCERATION FROM SIXTY TO THIRTY DAYS FOR A SECOND OFFENSE, WHEN THE SUSPENSION IS NOT PURSUANT TO SECTION 56-5-2990, RELATING TO SUSPENSIONS FOR DRIVING UNDER THE INFLUENCE.

Referred to Committee on Judiciary.

Printed Page 2237 . . . . . Tuesday, April 16, 1996
S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO
Printed Page 2238 . . . . . Tuesday, April 16, 1996
PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.

Referred to Committee on Education and Public Works.

S. 1328 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO DESIGNATION OF PLANT PESTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1889, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Rep. SHARPE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S

Printed Page 2239 . . . . . Tuesday, April 16, 1996
CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.

Referred to Committee on Judiciary.

HOUSE RESOLUTION

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

H. 4953 -- Rep. McElveen: A HOUSE RESOLUTION TO CONGRATULATE WILSON HALL VARSITY "LADY BARONS" GIRLS BASKETBALL TEAM OF SUMTER FOR WINNING THE 1995-96 STATE CHAMPIONSHIP AND EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE TEAM, COACHES, AND SCHOOL OFFICIALS ON WEDNESDAY, APRIL 17, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the Wilson Hall Varsity "Lady Barons" Girls Basketball Team, coaches, and school officials are extended the privilege of the floor of the House of Representatives at a time to be determined by the Speaker on Wednesday, April 17, 1996, for the purpose of being recognized and congratulated.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4954 -- Rep. Wilkes: A HOUSE RESOLUTION CONGRATULATING THE RICHARD WINN ACADEMY FOOTBALL TEAM ON WINNING THE 1995 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION REGION I-AA STATE CHAMPIONSHIP AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 1, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the House of Representatives were delighted to learn that the Richard Winn Academy Football Team has won the 1995

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