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 740, Feb. 14 | Printed Page 760, Feb. 14 |
Printed Page 751 . . . . . Wednesday, February 14, 1996
STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 14.
Eugene C. Stoddard                John G. Felder
Richard M. Quinn, Jr.             George H. Bailey
Theodore A. Brown                 Steve P. Lanford
Daniel L. Tripp

Total Present--121

STATEMENT OF ATTENDANCE

Reps. McELVEEN and SPEARMAN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, February 13.

DOCTOR OF THE DAY

Announcement was made that Dr. Pierre G. Jaffe of Columbia is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4581 -- Reps. J. Harris, Baxley and Jennings: A BILL TO AMEND ACT 205 OF 1993, RELATING TO THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ON THE BOARD SHALL BE FILLED.

H. 4587 -- Reps. Jennings, J. Harris and Kinon: A BILL TO CREATE THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT AND TERMS OF THE MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.

H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE

Printed Page 752 . . . . . Wednesday, February 14, 1996
GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.

H. 3536 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT AN INDIVIDUAL WHO OWNS A MOTOR VEHICLE OR HOLDS A MOTOR VEHICLE UNDER LEASE AND WHO, UNDER WRITTEN CONTRACT OR LEASE, PROVIDES THAT VEHICLE AND THE SERVICES OF A DRIVER TO A MOTOR CARRIER MUST BE CONSIDERED AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF THE MOTOR CARRIER FOR PURPOSES OF TITLE 42, WORKERS' COMPENSATION.

ORDERED TO THIRD READING

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

S. 1105 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE FILED EARLIER THAN AUGUST FIRST, OR IF AUGUST FIRST FALLS ON A SUNDAY, NOT EARLIER THAN THE FOLLOWING MONDAY.

H. 4471--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Joint Resolution until Tuesday, February 20, which was adopted.

Printed Page 753 . . . . . Wednesday, February 14, 1996
H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.

H. 3062--DEBATE ADJOURNED

Rep. D. SMITH moved to adjourn debate upon the following Bill until Thursday, February 15, which was adopted.

H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.

R. 230; H. 3161--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 12, 1996
Mr. Speaker and Members of the House:

I am hereby returning without my signature H. 3161, R. 230, an Act:

TO AMEND ACT 388 OF 1969, AS AMENDED, RELATING TO THE CREATION OF THE GLENDALE AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE CONTROL FROM THREE TO FIVE.

This veto is based upon my belief that H. 3161, R. 230 of 1996, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

Printed Page 754 . . . . . Wednesday, February 14, 1996
For the above reason, I am returning H. 3161, R. 230 without my signature.

Sincerely,
David M. Beasley

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 8; Nays 0

Those who voted in the affirmative are:

Davenport            Lanford              Lee
Littlejohn           Smith, D.            Vaughn
Walker               Wells

Total--8

Those who voted in the negative are: 





Total--0



So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.



R. 237; H. 4473--GOVERNOR'S VETO OVERRIDDEN




STATE OF SOUTH CAROLINA




OFFICE OF THE GOVERNOR



February 12, 1996

Mr. Speaker and Members of the House:


I am hereby returning without my signature H. 4473, R. 237, an Act:


TO AMEND ACT 879 OF 1960, AS AMENDED, RELATING TO THE CREATION OF THE CROFT
FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE BOARD OF FIRE
CONTROL FROM THREE TO FIVE AND DECREASE FROM SIX TO FOUR YEARS THE LENGTH
OF THE TERM OF THE COMMISSIONERS.


This veto is based upon my belief that H. 4473, R. 237 of 1996, is unconstitutional.  Article VIII, Section
7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be
enacted."



Printed Page 755 . . . . . Wednesday, February 14,
1996



For the above reason, I am returning H. 4473, R. 237, without my signature.


Sincerely,

David M. Beasley


The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to
the contrary notwithstanding, the yeas and nays were taken resulting as follows:



Yeas 9; Nays 0



Those who voted in the affirmative are:


Davenport            Lanford              Lee
Littlejohn           Smith, D.            Vaughn
Walker               Wells                Wilder





Total--9



Those who voted in the negative are:





Total--0



So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.



R. 233; H. 4217--GOVERNOR'S VETO OVERRIDDEN




STATE OF SOUTH CAROLINA




OFFICE OF THE GOVERNOR



February 12, 1996

Mr. Speaker and Members of the House:


I am hereby returning without my signature H. 4217, R. 233, an Act:


TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE
DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE
CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.


This veto is based upon my belief that H. 4217, R. 233 of 1996, is unconstitutional.  Article VIII, Section
10 of the South Carolina Constitution states that "[n]o laws for a specific municipality shall be
enacted."



Printed Page 756 . . . . . Wednesday, February 14,
1996



For the above reason, I am returning H. 4217, R. 233, without my signature.


Sincerely,

David M. Beasley


The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to
the contrary notwithstanding, the yeas and nays were taken resulting as follows:



Yeas 3; Nays 0



Those who voted in the affirmative are:


Baxley               Harris, J.           Jennings





Total--3



Those who voted in the negative are:





Total--0



So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.



MOTION PERIOD



The motion period was dispensed with on motion of Rep. FLEMING.



HOUSE STANDS AT EASE



On motion of Rep. SHEHEEN the House stood at ease until the Joint Assembly.



THE HOUSE RESUMES



At 12:29 P.M. the House resumed, the SPEAKER in the Chair.



JOINT ASSEMBLY



At 12:30 P.M. the Senate appeared in the Hall of the House.


The President of the Senate called the Joint Assembly to order and announced that it had convened under
the terms of a Concurrent Resolution adopted by both Houses.



Printed Page 757 . . . . . Wednesday, February 14,
1996




ELECTION OF A SUPREME COURT JUSTICE,




COURT OF APPEALS JUDGES, CIRCUIT COURT JUDGES,




FAMILY COURT JUDGES,




AND AN ADMINISTRATIVE LAW JUDGE



The Reading Clerk of the House read the following Concurrent Resolution:


S. 1106 -- Senators McConnell, Saleeby, Moore and Russell:  A CONCURRENT RESOLUTION TO FIX
12:30 P.M. ON WEDNESDAY, FEBRUARY 14, 1996, AS THE TIME FOR ELECTING A
SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE TERM
EXPIRES JULY 31, 1996; TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT
7, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002;
TO FILL THE OFFICE OF JUDGE OF THE COURT OF APPEALS, SEAT 8, CREATED IN THE
1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2000; TO FILL THE OFFICE
OF JUDGE OF THE COURT OF APPEALS, SEAT 9, CREATED IN THE 1995-96
APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO
A CERTAIN JUDGE OF THE THIRD JUDICIAL CIRCUIT, WHOSE UNEXPIRED TERM EXPIRES
JUNE 30, 2000; TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT
11, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002;
TO FILL THE OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 12, CREATED IN
THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE
OFFICE OF JUDGE OF THE CIRCUIT COURT AT-LARGE, SEAT 13, CREATED IN THE 1995-96
APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO
A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 3,
WHOSE TERM EXPIRES JUNE 30, 1996; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF
THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES
JUNE 30, 1996; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH
JUDICIAL CIRCUIT, SEAT 5, CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM
EXPIRES JUNE 30, 2002; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY
COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE UNEXPIRED TERM
EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE 



Printed Page 758 . . . . . Wednesday, February 14,
1996



OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 5, CREATED IN
THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO FILL THE
OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 3,
CREATED IN THE 1995-96 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2002; TO
ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE
DIVISION, SEAT 6, WHOSE TERM EXPIRES JUNE 30, 1996.


The President recognized Senator McConnell, Chairman of the Joint Judicial Screening Committee.



ELECTION OF A SUPREME COURT JUSTICE



The President announced that nominations were in order for a Justice of the Supreme Court.


Senator McConnell, Chairman of the Joint Screening Committee, stated that the following candidates had
been screened and found qualified:  the Honorable Jean H. Toal and the Honorable Tom J. Ervin.


Senator McConnell stated that the Honorable Tom J. Ervin had withdrawn from the contest.


Rep. CROMER and Senator Courson seconded the nomination of Rep. Toal.


On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was
taken by acclamation, resulting in the election of the nominee.


Whereupon, the President announced that the Honorable Jean H. Toal was duly elected for the term
prescribed by law.



STATEMENT FOR JOURNAL



Justice Jean Toal served as a member of this Body for many years.  Representative Toal was a tough,
partisan politician, dedicated to her causes and responsive to her constituency, just like many of us here
today.  Upon her election to the Supreme Court, a transformation took place which is often for but not
always found.  In history there is an example of this change when King Henry II appointed his close
personal friend as head of the Church of England.  But, as we know, Thomas Beckett became the
strongest defender of the church, and defended it with his life.  Justice Toal serves a new constituency and
she is dedicated to that court.  The screening hearings for Justice Toal have been unequalled in severity. 
At times they have burned with the fire of an inquisition.  The treatment 



Printed Page 759 . . . . . Wednesday, February 14,
1996



by the media of every rumor and hearsay, brings to mind the old England trial by water.  The Judicial
Screening Committee was subjected to pressures from high and low, some personal, some professional and
some political.  Like our government, the system is not perfect, but it is still better than any other.  To
their credit, the committee did their job well.  The system works.  Justice Toal not only persevered and
survived, but held the high ground.  From this immersion into the fire and water of the hearings and
media, the iron core that is the person of Jean Toal has now been forged into steel, steel that will serve
the people as part of our sword of justice.  She will weld that power without thought to partisan politics,
gender, race, religion or station.  She has the ability, the opportunity and the character to be a great
justice of the Court.  History will prove that Justice Toal's service will be among the strongest and
sharpest part of that sound.


Rep. JUNE S. SHISSIAS



ELECTION OF A COURT OF APPEALS JUDGE, SEAT 7



The President announced that nominations were in order for a Court of Appeals Judge, Seat 7.


Senator McConnell, Chairman of the Joint Screening Committee, stated that the following candidates had
been screened and found qualified:  the Honorable Ruben L. Gray and the Honorable H. Samuel Stilwell.


Senator McConnell stated that the Honorable Ruben L. Gray had withdrawn from the contest.


Senator Courson seconded the nomination of Mr. Stilwell.


On motion of Rep. SHARPE, nominations were closed, and with unanimous consent, the vote was taken
by acclamation, resulting in the election of the nominee.


Whereupon, the President announced that the Honorable H. Samuel Stilwell was duly elected for the term
prescribed by law.



ELECTION OF A COURT OF APPEALS JUDGE, SEAT 8



The President announced that nominations were in order for a Court of Appeals Judge, Seat 8.


Senator McConnell, Chairman of the Joint Screening Committee, stated that the following candidates had
been screened and found qualified:  the Honorable Ruben L. Gray, the Honorable William L. Howard,
and the Honorable Thomas E. Huff.


Senator McConnell stated that the Honorable Ruben L. Gray had withdrawn from the race.


Rep. CROMER seconded the nomination of Mr. Howard.




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