Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 2140, Mar. 30 | Printed Page 2160, Apr. 4 |

Printed Page 2150 . . . . . Thursday, March 30, 1995

(R46) H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

THE HOUSE RESUMES

At 11:30 A.M. the House resumed, the SPEAKER in the Chair.

H. 3816--SENT TO THE SENATE

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 3816 -- Reps. Quinn, Koon, Tripp, A. Young, Seithel, Knotts, Fulmer, H. Brown, Rice, Meacham, Littlejohn, Cain, Sharpe, Simrill, Cato, Mason, Wofford, Limbaugh, Hutson, Kelley, Hallman, Witherspoon, Cooper, Wright, Stille, Trotter, Huff, Law, Chamblee, Haskins, Wells, D. Smith, Riser, Davenport, Robinson, R. Smith, Vaughn, Herdklotz, Walker, Fleming, Klauber, Waldrop, Dantzler, Fair, Whatley and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-163 SO AS TO REQUIRE ALL PORTRAITS, FLAGS, BANNERS, MONUMENTS, STATUES, AND PLAQUES WHICH MAY BE REMOVED FROM THE STATE HOUSE DURING RENOVATIONS BE RETURNED TO THEIR ORIGINAL LOCATION WHEN THE STATE HOUSE IS REOCCUPIED AND PROVIDE THAT THE LOCATION OF THESE ITEMS MUST NOT BE CHANGED UNLESS APPROVED BY AN ACT PASSED BY THE GENERAL ASSEMBLY.

Rep. INABINETT spoke against the Bill.

LEAVES OF ABSENCE

The SPEAKER granted Reps. G. BROWN and WILKES a leave of absence.

The SPEAKER granted Rep. H. BROWN a leave of absence to attend a funeral.


Printed Page 2151 . . . . . Thursday, March 30, 1995

The SPEAKER granted Rep. J. BROWN a leave of absence due to a previous commitment to give a speech at the Chiropractic Centennial Celebration.

Rep. INABINETT continued speaking.

The question then recurred to the passage of the Bill on third reading.

Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:

Yeas 82; Nays 30

Those who voted in the affirmative are:

Allison          Askins           Bailey
Baxley           Boan             Cain
Carnell          Cato             Chamblee
Cooper           Cromer           Dantzler
Davenport        Delleney         Easterday
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harris, J.       Harris, P.
Haskins          Hutson           Keegan
Kelley           Keyserling       Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Martin           Mason
McAbee           McCraw           McKay
Meacham          Neilson          Phillips
Quinn            Rhoad            Rice
Richardson       Riser            Robinson
Sandifer         Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stuart           Thomas
Townsend         Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Wilder           Wilkins          Witherspoon


Printed Page 2152 . . . . . Thursday, March 30, 1995

Wofford          Worley           Wright
Young, A.

Total--82

Those who voted in the negative are:

Anderson         Beatty           Breeland
Brown, T.        Byrd             Canty
Cave             Clyburn          Cobb-Hunter
Cotty            Govan            Hines
Hodges           Howard           Inabinett
Jaskwhich        Jennings         Kennedy
Lloyd            McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Rogers           Scott            Whipper, L.
Whipper, S.      White            Williams

Total--30

So, the Bill was read the third time and ordered sent to the Senate.

RECORD FOR JOURNAL

Had I been present for the vote on H. 3816 I would have voted against it.

Rep. J. BROWN

H. 3816--RECORD FOR JOURNAL

I was called back to my office to meet with a constituent. Had I been present, I would have voted against the passage of the Bill.

Rep. C. ALEX HARVIN, III

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. 3885 -- Reps. Knotts, Wright, Riser, Koon, Gamble, Stuart and Spearman: A CONCURRENT RESOLUTION TO COMMEND THE IRMO-CHAPIN SENIOR BASKETBALL TEAM FOR WINNING THE GOLD MEDAL AT THE UNITED STATES NATIONAL SENIOR


Printed Page 2153 . . . . . Thursday, March 30, 1995

OLYMPICS IN BATON ROUGE, LOUISIANA, AND TO EXTEND TO THE TEAM AND ITS COACH THE PRIVILEGE OF THE HOUSE FLOOR AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR TRULY OUTSTANDING ACCOMPLISHMENTS.

H. 3887 -- Reps. Wright and Riser: A CONCURRENT RESOLUTION TO CONGRATULATE THE IRMO HIGH SCHOOL BOYS BASKETBALL TEAM AND THEIR COACHES UPON WINNING THE 1994-95 STATE CLASS AAAA BASKETBALL CHAMPIONSHIP AND TO EXTEND TO THEM THE PRIVILEGE OF THE HOUSE FLOOR AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR OUTSTANDING ACCOMPLISHMENT.

H. 3888 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE THE SENECA HIGH SCHOOL GIRLS' BASKETBALL TEAM, THEIR HEAD COACH, AMANDA HOLDER, THE COACHING STAFF, AND SCHOOL OFFICIALS FOR SENECA'S AAA STATE BASKETBALL CHAMPIONSHIP AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF BASKETBALL PLAYERS AND THEIR COACHES.

H. 3890 -- Rep. Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE FACULTY, STAFF, AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA'S INTERNATIONAL BUSINESS PROGRAM ON BEING RANKED THE NATION'S BEST BUSINESS PROGRAM FOR THE PAST SIX YEARS.

H. 3893 -- Rep. Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE RADIO STATION WUSC ON ITS FIFTIETH ANNIVERSARY AND TO COMMEND THE STATION FOR THE MANY CONTRIBUTIONS IT HAS MADE TO THE UNIVERSITY OF SOUTH CAROLINA AND TO THE COLUMBIA AREA.

H. 3903 -- Reps. Spearman, Clyburn and McAbee: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SALUDA HIGH


Printed Page 2154 . . . . . Thursday, March 30, 1995

MARCHING TIGER BAND UPON WINNING THE 1994 AA STATE MARCHING BAND CHAMPIONSHIP.

ADJOURNMENT

At 11:46 A.M. the House in accordance with the motion of Rep. MEACHAM adjourned in memory of Howard Knox of Fort Mill, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2155 . . . . . Friday, March 31, 1995

Friday, March 31, 1995

(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:

O God of all mankind, we thank You for Your care of day and night, for work and for rest, for sorrow and for joy, for laughter and for tears, for silence and for song, for every experience by which our lives have been enriched. Continue to inspire us that we never leave our tasks poorly done or half completed. Give us clear minds, sound judgments and physical stamina coupled with a peaceful heart and an enduring faith.

And when the day ends, may our conduct have been of such a nature that we are at peace with You and with one another.

In Your holy Name we pray. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 312 -- Senator Alexander: A BILL TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO INCLUDE IN THE DEFINITION OF "TRADEMARK" THE SYMBOL OF THE INTERNATIONAL OLYMPIC COMMITTEE, THE EMBLEM OF THE UNITED STATES OLYMPIC COMMITTEE, AND RELATED ITEMS AND MATTERS.

S. 316 -- Senator Courtney: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.


Printed Page 2156 . . . . . Friday, March 31, 1995

SENT TO THE SENATE

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

H. 3241 -- Rep. McElveen: A BILL TO AMEND SECTION 20-7-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXECUTION OF CONSENTS AND RELINQUISHMENTS FOR THE PURPOSE OF ADOPTION, SO AS TO ADD A JUDGE ADVOCATE AS A PERSON AUTHORIZED TO WITNESS THE CONSENT OR RELINQUISHMENT.

H. 3426 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE RECORD WHICH MUST BE KEPT REGARDING THE CASES AND HEARINGS BEFORE AN ADMINISTRATIVE LAW JUDGE.

ADJOURNMENT

At 10:20 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, April 4.

* * *


Printed Page 2157 . . . . . Tuesday, April 4, 1995

Tuesday, April 4, 1995

(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:

Almighty God, Who has created us in Your own image and called us to walk in Your way, we come not asking for tasks more suited to our strength but for strength that would make us equal to our tasks. As we approach Your throne of grace, we are haunted by memories of duties neglected, of deeds of kindness left unperformed and of lofty impulses unheeded. Give us now that peace comes in the assurance of Your pardon. May we never shun or shirk any responsibility or fall below the measure of the manhood or womanhood of those, who in days gone, feared life so little because they feared God so much.

Make of us vehicles of Your gracious and Fatherly will. 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. MASON moved that when the House adjourns, it adjourn in memory of John McClanathan of Aiken, which was agreed to.


Printed Page 2158 . . . . . Tuesday, April 4, 1995

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

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

Dear Rep. Quinn:

On behalf of the Freestanding Ambulatory Surgery Center Association of South Carolina, it is my high honor and personal privilege to extend our invitation to all the members of the General Assembly and elected officials to attend our Legislative Brunch Reception on Wednesday, April 19, 1995, in the Main Lobby of the State House, from the hours of 9:30 A.M. to 11:30 A.M.

Please advise us as to the appropriate disclosure protocols for this event.

With kindest regards and best wishes, we remain

Very truly yours,
Maria I. Sample, RN, MSN
President

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

Dear Rep. Quinn:

On behalf of Governor David M. Beasley and the South Carolina Council on the Holocaust, I extend an invitation to the S.C. House members to attend a special state civic ceremony, The Days of Remembrance of the Holocaust on April 27, 1995, at 12:30 P.M.

The Days of Remembrance of the Holocaust is a commemoration of the six million people who perished in European concentration camps during World War II. This year's event is special because it marks the 50th anniversary of the liberation of the concentration camps.

We would like very much for our state's leaders to join us in commemorating this liberation, remembering those who perished in the camps, and honoring those who sacrificed their lives in the liberation effort.


Printed Page 2159 . . . . . Tuesday, April 4, 1995

The ceremony will be held at the Holy Trinity Greek Orthodox Church's Community Center at 1931 Sumter Street in Columbia. It will be hosted by Governor Beasley and will feature presentations by Major General William J. Bolt, on behalf of the U.S. Armed Services and Ben Stern, on behalf of Holocaust survivors.

I would greatly appreciate your including this invitation on the House Calendar. Thank you in advance for your cooperation. I look forward to seeing you at the ceremony.

Yours truly,
Bill H. Stern
Chairman, Days of Remembrance State Civic Ceremony

REPORTS OF STANDING COMMITTEE

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3694 -- Reps. Wright, Allison, Bailey, Byrd, Cooper, Fulmer, Harrell, J. Harris, Hodges, Keegan, Kelley, Knotts, Koon, Lanford, Limehouse, Mason, McMahand, Meacham, Phillips, Sharpe, Shissias, Stuart, Townsend, Walker, Wilder, Wofford, Kennedy, Cain and Stille: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND


Printed Page 2160 . . . . . Tuesday, April 4, 1995

ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRES A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.

Ordered for consideration tomorrow.


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