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 270, Jan. 23 | Printed Page 290, Jan. 24 |
Printed Page 280 . . . . . Tuesday, January 23, 1996
ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. FLEMING adjourned in memory of former Rep. James Morris Arthur of Union, to meet at 2:00 P.M. tomorrow.

* * *

Printed Page 281 . . . . . Wednesday, January 24, 1996
Wednesday, January 24, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

We thank You, Heavenly Father, for this hallowed moment of prayer when we close from our minds the noise of the world about us. We pray for our governor and for all others entrusted with the leadership of government. Solemnize us in the thought that many look to this hall for wise words and right decisions. Keep us, then, wise in debate, charitable in judgment, and right in decisions. Keep our daily actions radiant with the halo of Your truths. In our private lives and in our public service, help us each day to grow more like You.

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. WITHERSPOON moved that when the House adjourns, it adjourn in memory of Paul Creel of Horry County, which was agreed to.

Printed Page 282 . . . . . Wednesday, January 24, 1996
REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1903
Promulgated By Department of Health and Environmental Control
Minimum Standards for Licensing Clinics Performing Abortions During Second Trimester
Received By Speaker January 23, 1996
Referred to House Committee on Judiciary
120 Day Review Expiration Date May 23, 1996

REPORTS OF STANDING COMMITTEES

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3750 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 50-17-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS AUTHORIZED FOR TRAWLING SHRIMP.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 4100 -- Rep. Thomas: A BILL TO AMEND SECTION 44-55-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO COLLECT AND DISPOSE OF SOLID WASTE AND LEVY A SERVICE CHARGE FOR COLLECTION SERVICES, SO AS TO ADD THE AUTHORITY TO LEVY A SERVICE CHARGE FOR DISPOSAL OF SOLID WASTE, AND PROVIDE A PROCEDURE FOR COLLECTING A DELINQUENT SERVICE CHARGE.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4332 -- Reps. Sharpe, Sandifer and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

Printed Page 283 . . . . . Wednesday, January 24, 1996
SECTION 50-17-423 SO AS TO REQUIRE THE USE OF APPROVED BYCATCH REDUCTION DEVICES IN SHRIMP TRAWLS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4334 -- Reps. Sharpe, Sandifer, Inabinett and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-800 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR THE TAKING OF EELS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.

Ordered for consideration tomorrow.

Printed Page 284 . . . . . Wednesday, January 24, 1996
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3229 -- Reps. L. Whipper, Fulmer, Spearman, Harrell, Simrill, Clyburn, Breeland, G. Brown, Robinson, R. Smith, Tripp, Limehouse and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL AND A FELONY FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, ALSO TO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3732 -- Reps. Martin, Herdklotz, Meacham, Thomas, Simrill, Stoddard, Fulmer, Witherspoon, Jennings, Stille, Sandifer, Baxley, Robinson, Law, Rice, Davenport, Hallman, Neilson, Delleney and Walker: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES ASSOCIATED WITH A PERSON DRIVING WHILE HIS LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO REVISE THE PENALTY.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 189 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN CERTAIN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.

Ordered for consideration tomorrow.

Printed Page 285 . . . . . Wednesday, January 24, 1996
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: A BILL TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE THAT SPECIAL ELECTIONS SHALL NOT BE HELD PRIOR TO THE GENERAL ELECTION IF THE DATE FOR THE SPECIAL ELECTION PROVIDED BY THE STATUTORY FORMULA IS WITHIN THIRTY DAYS OF THE GENERAL ELECTION.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 641 -- Senator Williams: A BILL TO AMEND SECTION 7-5-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSING OF REGISTRATION BOOKS BEFORE ELECTIONS, SO AS TO PROVIDE THAT ANY PERSON ELIGIBLE TO REGISTER WHO HAS BEEN DISCHARGED FROM THE ARMED FORCES OR WHO HAS BEEN SEPARATED FROM HIS SERVICE OVERSEAS AND RETURNED HOME TOO LATE TO REGISTER AT THE TIME WHEN REGISTRATION IS REQUIRED IS ENTITLED TO REGISTER FOR THE PURPOSE OF VOTING IN THE NEXT ENSUING ELECTION AFTER THE DISCHARGE OR SEPARATION FROM SERVICE, UP TO 5:00 P.M. ON THE DAY OF THE ELECTION.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

S. 771 -- Senators Holland and Williams: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO PROVIDE THAT ALL CANDIDATES, EXCEPT FOR PETITION CANDIDATES, MUST FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY BETWEEN THE SIXTEENTH OF MARCH AND THE THIRTIETH OF MARCH, TO PROVIDE THAT CANDIDATES SEEKING NOMINATION FOR THE OFFICE OF STATE SENATE OR THE HOUSE OF REPRESENTATIVES MUST FILE THEIR STATEMENTS OF

Printed Page 286 . . . . . Wednesday, January 24, 1996
INTENTION OF CANDIDACY WITH THE COUNTY EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTIES IN THEIR COUNTY OF RESIDENCE, WHICH MUST IN TURN TRANSMIT THESE STATEMENTS TO THE EXECUTIVE COMMITTEE OF THE STATE PARTY, AND TO DELETE PROVISIONS RELATING TO PETITION CANDIDATES; TO AMEND SECTION 7-11-210, RELATING TO NOTICE OF CANDIDACY AND PLEDGE, SO AS TO PROVIDE THAT ALL CANDIDATES UNDER THIS SECTION MUST SUBMIT A NOTICE OR PLEDGE NO LATER THAN THE THIRTIETH OF MARCH; TO AMEND SECTION 7-13-40, AS AMENDED, RELATING TO CERTIFICATION OF CANDIDATES, SO AS TO PROVIDE THAT CERTIFICATION OF THE NAMES OF CANDIDATES TO BE PLACED ON PRIMARY BALLOTS MUST BE MADE NOT LATER THAN TWELVE O'CLOCK NOON ON APRIL NINTH; AND TO AMEND SECTION 7-13-190, RELATING TO SPECIAL ELECTIONS TO FILL VACANCIES, SO AS TO PROVIDE THAT FILING FOR PETITION CANDIDATES MUST OPEN AT NOON ON THE ELEVENTH TUESDAY AFTER THE VACANCY OCCURS FOR A PERIOD TO CLOSE SEVEN DAYS LATER AT NOON.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3566 -- Reps. Harrison, Cobb-Hunter, Shissias, Quinn, Govan, Martin, Wright, Thomas, Kinon, Haskins, Allison, Neal and Limbaugh: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 30 SO AS TO ENACT THE JUVENILE JUSTICE CODE BY CONSOLIDATING INTO ONE ARTICLE ALL PROVISIONS OF LAW IN VARIOUS PARTS OF TITLE 20, CHAPTER 7, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND RELATING TO DELINQUENCY PROCEEDINGS AND PROCEDURES; TO REPEAL SECTIONS 20-7-330, 20-7-340, 20-7-350, 20-7-360, 20-7-370, 20-7-380, 20-7-390, 20-7-430, 20-7-600, 20-7-605, 20-7-620, 20-7-630, 20-7-740, 20-7-770, 20-7-780, 20-7-1330, 20-7-2080, 20-7-2095, 20-7-2105, 20-7-2115, 20-7-2125, 20-7-2135, 20-7-2145, 20-7-2155, 20-7-2170, 20-7-2175, 20-7-2180, 20-7-2185, 20-7-2190, 20-7-2195, 20-7-2200, 20-7-2203, 20-7-2205, 20-7-2210, 20-7-3100, 20-7-3110, 20-7-3120, 20-7-3130, 20-7-3170, 20-7-3180, 20-7-3190, 20-7-3200, 20-7-3210, 20-7-3220, 20-7-3230, 20-7-3235, 20-7-3240, 20-7-3260, 20-7-3270,

Printed Page 287 . . . . . Wednesday, January 24, 1996
20-7-3280, 20-7-3290, 20-7-3300, 20-7-3310, 20-7-3320, 20-7-3330, 20-7-3340, 20-7-3350, 20-7-3360, 20-7-3370, 20-7-3380, AND 20-7-4000, ALL RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE AND DELINQUENCY PROCEEDINGS AND PROCEDURES IN TITLE 20, CHAPTER 7 WHICH ARE CONSOLIDATED INTO ARTICLE 30 AS PROVIDED ABOVE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3858 -- Reps. Bailey, Rice, Baxley, Limbaugh, Simrill, Clyburn, Mason, Jennings, H. Brown, Moody-Lawrence, Wofford, A. Young, Shissias, Hutson, Dantzler, Williams, Stille, Boan, Law, Rhoad, Davenport, Kirsh, Littlejohn, J. Harris, Wright, Harrell and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1333 SO AS TO AUTHORIZE THE FAMILY COURT TO SUSPEND OR RESTRICT THE DRIVER'S LICENSE OF A CHILD ADJUDICATED DELINQUENT OR FOUND IN CONTEMPT OF COURT OR IN VIOLATION OF A TERM OR CONDITION OF PAROLE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4284 -- Reps. McAbee and Harrison: A BILL TO AMEND SECTION 15-49-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPLICATION FOR A NAME CHANGE, SO AS TO REQUIRE THE PERSON TO SUBMIT A CERTIFIED COPY OF HIS BIRTH CERTIFICATE AND TO PROHIBIT PETITIONING FOR A NAME CHANGE IF THE PERSON IS INCARCERATED, ON PROBATION, OR PAROLE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4398 -- Reps. Harrison, Cromer, Jennings, Hutson, Bailey and Allison: A BILL TO AMEND TITLE 40, CHAPTER 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 SO

Printed Page 288 . . . . . Wednesday, January 24, 1996
AS TO REQUIRE A RETAILER TO KEEP A RECORD OF THE SOURCE OF NEW MERCHANDISE THAT THE RETAILER OFFERS FOR SALE, TO SPECIFY THE TYPE OF RECORD OR DOCUMENTATION THAT IS REQUIRED, TO PROVIDE THAT THE MERCHANDISE MAY BE CONFISCATED BY A LAW ENFORCEMENT OFFICER UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE EXEMPTIONS, AND TO PROVIDE A PENALTY FOR VIOLATION.

Ordered for consideration tomorrow.

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

H. 4054 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT THE PROVISIONS OF TITLE 42, WORKERS' COMPENSATION, APPLY TO AND INCLUDE ALL PARTICIPANTS IN THE TECH PREP PROGRAM, WHETHER COMPENSATED OR NOT, WHILE THEY ARE ON THE PREMISES OF A PARTICIPATING EMPLOYER, AND BY ADDING SECTION 42-1-55 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION RATE FOR TECH PREP PROGRAM PARTICIPANTS SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY WAGE IN THE STATE FOR THE PRECEDING FISCAL YEAR OR THE SAME RATE THAT THE EMPLOYER PAYS TO COMPARABLE EMPLOYEES, AND REQUIRE THE WORKERS' COMPENSATION COMMISSION TO ENFORCE THIS SECTION BY THE PROMULGATION OF APPROPRIATE REGULATIONS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4484 -- Rep. Keegan: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1996 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 24, 1996, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS

Printed Page 289 . . . . . Wednesday, January 24, 1996
FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4485 -- Reps. Klauber, Wofford, Young-Brickell, Cooper, Quinn, J. Young, Robinson, R. Smith, Riser, Williams, Townsend and Stille: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE USE OF THE EDDIE EAGLE ELEMENTARY GUN SAFETY EDUCATION PROGRAM IN THE ELEMENTARY SCHOOLS OF THIS STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1053 -- Senator Bryan: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. CECIL GARRETT, OF LAURENS, A PROMINENT CIVIC LEADER AND COUNTY TREASURER, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1056 -- Senators Setzler, 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, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED CAREER IN PUBLIC SERVICE OF MR. MILTON W. (MILT) DUFFORD OF THE

Printed Page 290 . . . . . Wednesday, January 24, 1996
DEPARTMENT OF PUBLIC SAFETY UPON HIS RETIREMENT AS DIRECTOR OF THE DIVISION OF MOTOR VEHICLES AND EXTENDING TO HIM THEIR BEST WISHES FOR A HAPPY, HEALTHY, AND PRODUCTIVE RETIREMENT.

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

| Printed Page 270, Jan. 23 | Printed Page 290, Jan. 24 |
Page Finder Index