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 4950, June 12 | Printed Page 4970, June 13 |

Printed Page 4960 . . . . . Wednesday, June 12, 1996

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 12, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4755:

H. 4755 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISK, SO AS TO, AMONG OTHER THINGS, AUTHORIZE THE MAKING OF ASSIGNED RISK AGREEMENTS AMONG INSURERS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT A RESIDUAL MARKET AGREEMENT AND ANY MECHANISM DESIGNED TO IMPLEMENT SUCH AGREEMENT MUST BE SUBMITTED IN WRITING TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE FOR APPROVAL PRIOR TO USE, PROVIDE THAT THE DIRECTOR OR HIS DESIGNEE MAY ALLOW INSURERS TO SUBMIT WRITTEN REQUESTS TO BE DESIGNATED AS A STATE SERVICING CARRIER FOR THE ASSIGNED RISK POOL FOR WORKERS' COMPENSATION INSURANCE, AND PROVIDE FOR RELATED MATTERS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 12, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3845:

H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN


Printed Page 4961 . . . . . Wednesday, June 12, 1996

1995 AND EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS IN WHICH THE LIST IS COMPILED AND FURNISHED.
Very respectfully,
President

Received as information.

HOUSE RESOLUTION

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

H. 5102 -- Rep. Spearman: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CONSTITUTIONAL OFFICERS AND SELECTED STAFF OF PALMETTO GIRLS STATE ON THURSDAY, JUNE 13, 1996, FOR THE PURPOSE OF BEING RECOGNIZED AND WELCOMED TO COLUMBIA.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the constitutional officers and selected staff of Palmetto Girls State on Thursday, June 13, 1996, at a time to be determined by the Speaker, for the purpose of being recognized and welcomed to Columbia.

The Resolution was adopted.

STATEMENT BY REP. ROBINSON

Rep. ROBINSON and the Pickens Delegation made a statement relative to Rep. CLAUDE V. MARCHBANKS' service in the House.

STATEMENT BY REP. H. BROWN

Rep. H. BROWN and the Berkeley Delegation made a statement relative to Rep. SANDRA S. WOFFORD's service in the House.

STATEMENT BY REP. CROMER

Rep. CROMER and the Richland Delegation made a statement relative to Rep. JUNE S. SHISSIAS' service in the House.

STATEMENT BY REP. SHISSIAS

Rep. JUNE SHISSIAS made a statement relative to her service in the House of Representatives.


Printed Page 4962 . . . . . Wednesday, June 12, 1996

STATEMENT BY REP. LITTLEJOHN

Rep. LITTLEJOHN and the Spartanburg Delegation made a statement relative to Rep. CAROLE C. WELLS' service in the House.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5087 -- Rep. Cooper: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FEDERAL HIGHWAY ADMINISTRATION, TO ACCEPT THE PROVISIONS OF AN ACT OF 1996 (S.1162) AS THE STATUTORY AUTHORITY APPLYING TO TANDEM AXLE WEIGHTS AND GROSS WEIGHTS OF VEHICLES OPERATED ON THE INTERSTATE HIGHWAYS OF SOUTH CAROLINA, AND TO RESOLVE THAT THE STATE OF SOUTH CAROLINA SHALL CONTINUE TO ENFORCE ALL OTHER FEDERAL BRIDGE FORMULA REQUIREMENTS FOR VEHICLES OPERATING BETWEEN 75,185 AND 80,000 POUNDS OF GROSS WEIGHT.

H. 5089 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 187 BETWEEN S.C. 24 AND U.S. 29 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE C. D. CHAMBLEE, OF ANDERSON.

H. 5092 -- Rep. Rice: A CONCURRENT RESOLUTION COMMENDING OUR DISTINGUISHED FORMER COLLEAGUE IN THE GENERAL ASSEMBLY, THE HONORABLE JAMES GEORGE "JIM" MATTOS OF GREENVILLE COUNTY, FOR HIS TEN YEARS OF DEDICATED AND OUTSTANDING SERVICE TO THE PEOPLE OF SOUTH CAROLINA WHILE A MEMBER OF THE HOUSE OF REPRESENTATIVES AND EXTENDING TO HIM AND HIS FAMILY BEST WISHES FOR HAPPINESS AND SUCCESS IN ALL OF THEIR FUTURE ENDEAVORS.

H. 5093 -- Reps. Felder, Lanford, Carnell and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE


Printed Page 4963 . . . . . Wednesday, June 12, 1996

CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ON RECEIVING RENEWAL ACCREDITATION ON ITS PUBLIC HEALTH PROGRAM BY THE COMMUNITY HEALTH ACCREDITATION PROGRAM, INC.

H. 5094 -- Reps. Townsend and Stille: A CONCURRENT RESOLUTION TO CONGRATULATE CRESCENT HIGH SCHOOL "LADY TIGERS" SOFTBALL TEAM ON CAPTURING THE 1996 CLASS AA STATE SOFTBALL CHAMPIONSHIP.

H. 5095 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING ATTORNEY HELEN NELSON GRANT ON BEING NAMED CHAIRWOMAN OF THE COLUMBIA COLLEGE BOARD OF TRUSTEES.

H. 5096 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts,


Printed Page 4964 . . . . . Wednesday, June 12, 1996

Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING MR. ANTHONY T. GRANT OF COLUMBIA ON HIS SERVICE AS CHAIRMAN OF THE SOUTH CAROLINA STATE UNIVERSITY BOARD OF TRUSTEES.

H. 5097 -- Reps. Riser, Witherspoon, Rhoad, Koon, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rice, Richardson, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXTENDING THE HEARTFELT APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO DR. BYRON K. WEBB OF CLEMSON ON THE OCCASION OF HIS RETIREMENT AFTER THIRTY-EIGHT YEARS OF DISTINGUISHED SERVICE AT CLEMSON UNIVERSITY AND WISHING HIM CONTINUED SUCCESS IN ALL HIS FUTURE ENDEAVORS.

H. 5100 -- Reps. Hodges, Boan and Delleney: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE


Printed Page 4965 . . . . . Wednesday, June 12, 1996

LANCASTER AND CHESTER RAILWAY COMPANY ON THE OCCASION OF ITS ONE HUNDREDTH ANNIVERSARY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO THE SHAREHOLDERS OF THIS COMPANY WHO HAVE MADE THIS WONDERFUL ASSET AVAILABLE TO THE CITIZENS OF LANCASTER AND CHESTER COUNTIES.

H. 5101 -- Reps. Harvin, Stuart and Sharpe: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF LILLIAN BOATWRIGHT BOLAND OF SPRINGFIELD AND EXTENDING SYMPATHY TO HER FAMILY AND FRIENDS.

ADJOURNMENT

At 5:30 P.M. the House in accordance with the motion of Rep. BAILEY adjourned in memory of Monya Bailey Campbell, sister of Rep. BAILEY, of Mary Ester, Florida, and in accordance with H. 5041, the Sine Die Adjournment Resolution, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 4966 . . . . . Thursday, June 13, 1996

Thursday, June 13, 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:

God of all wisdom, make of us channels through which Your plans and purposes are accomplished. During the remaining hours of this Legislative session, help us to do our best. Make us to use these remaining hours in which Your will is done as it is in heaven, seizing every minute in such a way that You can hallow them with Your blessing. Give us the radiant joy which is the constant reward of those who are workers together with our God. Endow us with good courage, meeting all of life's challenges with gallant-hearted devotion and dedication to the highest.

Give us Your peace which passes all human understanding. 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. WHATLEY moved that when the House adjourns, it adjourn in memory of Franklin E. West of North Charleston, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 12, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3730:

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris,


Printed Page 4967 . . . . . Thursday, June 13, 1996

Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.
Very respectfully,
President

H. 3730--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

CONCURRENT RESOLUTION

The following was introduced:

H. 5103 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. GREG BAIRD OF ANDERSON COUNTY WHO DIED ON JUNE 10, 1996.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1446 -- Senators Peeler, Lander and Short: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JACK


Printed Page 4968 . . . . . Thursday, June 13, 1996

BARTLEY WEBBER OF UNION COUNTY FOR HIS DEDICATED SERVICE TO THE STATE OF SOUTH CAROLINA AND UNION COUNTY AS MAGISTRATE OF THE PINCKNEY TOWNSHIP AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.

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

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison              Anderson             Askins
Bailey               Baxley               Beck
Breeland             Brown, G.            Brown, H.
Brown, J.            Cain                 Canty
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cromer               Dantzler             Easterday
Felder               Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harris, P.           Haskins
Herdklotz            Hines, J.            Hines, M.
Howard               Hutson               Keegan
Kelley               Keyserling           Kinon
Kirsh                Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               Marchbanks
Martin               Mason                McCraw
McKay                Meacham              Moody-Lawrence
Neilson              Phillips             Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Scott
Seithel              Sharpe               Sheheen
Shissias             Simrill              Smith, D.
Smith, R.            Spearman             Stille
Stoddard             Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, S.
White                Wilder               Wilkes
Wilkins              Williams             Witherspoon

Printed Page 4969 . . . . . Thursday, June 13, 1996

Wofford              Wright               Young
Young-Brickell       
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, June 13. Jennings G. McAbee Douglas E. McTeer, Jr. Curtis B. Inabinett Lucille S. Whipper Alma W. Byrd James H. Hodges William D. Boan Timothy F. Rogers William F. Cotty F.G. Delleney, Jr. Kenneth Kennedy Richard M. Quinn, Jr. Marion P. Carnell Joseph T. McElveen, Jr. Michael F. Jaskwhich G. Ralph Davenport, Jr. Douglas Jennings, Jr. Theodore A. Brown Joseph H. Neal C. Alex Harvin III

Total Present--117

LEAVES OF ABSENCE

The SPEAKER granted Rep. KLAUBER a leave of absence for the day due to military duty.

The SPEAKER granted Rep. GOVAN a leave of absence for the day.

S. 944--DEBATE ADJOURNED

MESSAGE FROM THE SENATE

The following was received
June 12, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 944, R. 448 by a vote of 46 to 0.

S. 944 (R448) -- Senators Greg Smith and Rose: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.
Very respectfully,
President


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