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

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| Printed Page 2330, Apr. 7 | Printed Page 2350, Apr. 11 |

Printed Page 2340 . . . . . Tuesday, April 11, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 3970 -- Reps. Allison, Anderson, Askins, Bailey, Baxley, Beatty, 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, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FRIENDS AND FAMILY OF WILLIAM WALTER WILKINS, SR., FATHER OF OUR SPEAKER OF THE HOUSE OF


Printed Page 2341 . . . . . Tuesday, April 11, 1995

REPRESENTATIVES, DAVID H. WILKINS, WHO DIED ON FRIDAY, APRIL 7, 1995.

Whereas, the members of the General Assembly were saddened to learn that William Walter Wilkins, Sr., Father of our Speaker, David H. Wilkins, died Friday, April 7, 1995; and

Whereas, Mr. Wilkins, founder of the Wilkins Law Firm in 1946, located in Greenville, and was senior partner there until he retired in 1992; and

Whereas, as a World War II veteran, Mr. Wilkins served his country ably in the United States Navy from 1942 until 1945; and

Whereas, he and nine colleagues founded the Greenville County American Legion Fair Association in 1947, where Mr. Wilkins served as Chairman from 1947 until 1991; and

Whereas, in 1992, former Governor Carroll A. Campbell, Jr., bestowed the state's highest honor, the Order of the Palmetto, to Mr. Wilkins; and

Whereas, Mr. Wilkins unselfishly served his community in leadership roles: Past President of the Greenville County Bar Association, Member of the South Carolina Bar, Past Commander of Post Number 3 of the American Legion, Past Master of the Walden Masonic Lodge, Goodfellows Club, United Way, and a benefactor of Greenville Technical College; and

Whereas, William Walter Wilkins, Sr., in 1992, was recognized for his contributions to his community by being the recipient of the Mayors' Achievement Award and was chosen American Legionnaire of the Year, Post Number 3, in 1980; and

Whereas, Mr. Wilkins, along with inspiring his family, set an example few could match; and

Whereas, his presence will be sorely missed by all those with whom he came in contact; and

Whereas, the condolences of the members of the General Assembly are extended to Mr. Wilkins' widow, Mrs. Evelyn Horton Wilkins, and the other members of the Wilkins' family. 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 extend their deepest sympathy to the family and many friends of William Walter Wilkins, Sr., Distinguished Veteran, Public Servant, and Community Leader.


Printed Page 2342 . . . . . Tuesday, April 11, 1995

Be it further resolved that a copy of this resolution be forwarded to the family of William Walter Wilkins, Sr.

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

HOUSE RESOLUTION

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

H. 3971 -- Rep. Stuart: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SWANSEA HIGH SCHOOL "LADY TIGERS" VARSITY BASKETBALL TEAM AND COACH ON WEDNESDAY, MAY 10, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the Swansea High School "Lady Tigers" Varsity Basketball Team and Coach Gina Cook be extended the privilege of the floor of the House of Representatives on Wednesday, May 10, 1995, at a time to be determined by the Speaker, for the purpose of being recognized on winning the 1995 Class AA State Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3972 -- Rep. Stuart: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SWANSEA HIGH SCHOOL "LADY TIGERS" VARSITY BASKETBALL TEAM UPON WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.

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


Printed Page 2343 . . . . . Tuesday, April 11, 1995

HOUSE RESOLUTION

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

H. 3973 -- Reps. Klauber, Carnell, McAbee and Stille: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GREENWOOD HIGH SCHOOL "LADY EAGLES" VARSITY BASKETBALL TEAM, 1995 STATE CHAMPIONS, AND THE TEAM'S COACHES AND PRINCIPAL ON THURSDAY, APRIL 20, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the Greenwood High School "Lady Eagles" Varsity Basketball Team and the team's coaches and principal be extended the privilege of the floor of the House of Representatives on Thursday, April 20, 1995, at a time to be determined by the Speaker, for the purpose of being recognized on winning the 1995 Class AAAA State Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3974 -- Reps. Klauber, Carnell, McAbee and Stille: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE GREENWOOD HIGH SCHOOL "LADY EAGLES" VARSITY BASKETBALL TEAM AND COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP.

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

ROLL CALL

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

Allison          Anderson         Askins
Bailey           Baxley           Beatty


Printed Page 2344 . . . . . Tuesday, April 11, 1995

Boan             Breeland         Brown, H.
Brown, J.        Cain             Canty
Carnell          Cato             Cave
Chamblee         Clyburn          Cobb-Hunter
Cooper           Cotty            Cromer
Dantzler         Davenport        Delleney
Easterday        Elliott          Fair
Felder           Fleming          Fulmer
Gamble           Govan            Hallman
Harris, J.       Harris, P.       Harrison
Harvin           Haskins          Herdklotz
Hines            Hodges           Hutson
Inabinett        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Lloyd            Marchbanks
Martin           Mason            McAbee
McCraw           McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Rice
Richardson       Riser            Robinson
Rogers           Sandifer         Scott
Seithel          Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stuart           Thomas           Townsend
Tripp            Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Wright
Young, A.        Young, J.        



Printed Page 2345 . . . . . Tuesday, April 11, 1995

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, April 11.

Harold G. Worley         Michael F. Jaskwhich
Grady A. Brown           B. Hicks Harwell
Robert W. Harrell, Jr.   Thomas E. Huff
Leon Howard              Theodore A. Brown
Alma W. Byrd

Total Present--122

DOCTOR OF THE DAY

Announcement was made that Dr. Daniel W. Davis of Columbia is the Doctor of the Day for the General Assembly.

SILENT PRAYER

On motion of Rep. Sharpe, the House stood in silent prayer for the family of Mr. William Walter Wilkins, father of Speaker David Wilkins.

SENT TO THE SENATE

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

H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR MCCORMICK COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, PROVIDE FOR APPROPRIATIONS FOR THE OPERATION OF THE BOARD, PROVIDE FOR NECESSARY OFFICE SPACE, TELEPHONE SERVICE, AND EQUIPMENT FOR THE BOARD, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE MCCORMICK COUNTY ELECTION COMMISSION AND THE MCCORMICK COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW MCCORMICK COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER


Printed Page 2346 . . . . . Tuesday, April 11, 1995

COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.

H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.

H. 3578--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.

H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND


Printed Page 2347 . . . . . Tuesday, April 11, 1995

PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.

H. 3604--DEBATE ADJOURNED

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.

H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.

S. 463--OBJECTIONS

The following Bill was taken up.

S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE


Printed Page 2348 . . . . . Tuesday, April 11, 1995

PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.

Rep. TRIPP moved to commit the Bill to the Committee on Labor, Commerce and Industry.

Rep. SANDIFER moved to table the motion, which was agreed to by a division vote of 32 to 26.

Reps. RICHARDSON, TRIPP, VAUGHN, EASTERDAY, HERDKLOTZ, McABEE, COOPER, SEITHEL, LIMEHOUSE, J. YOUNG, TOWNSEND, STILLE and CARNELL objected to the Bill.

H. 3907--OBJECTIONS

The following Bill was taken up.

H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

Reps. RICE and ASKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21695AC.95).

Amend the bill, as and if amended, by inserting at the end of SECTION 1 of the bill:

/"Section 44-56-500. A drycleaning facility is exempt from the registration fees required by Section 44-56-470 and the surcharges imposed pursuant to Section 44-56-480 if the facility:

(1) provides the department with documentation, as required by the department, demonstrating the facility's financial ability to carry out all treatment, restoration, replacement, and rehabilitation requirements of this


Printed Page 2349 . . . . . Tuesday, April 11, 1995

article for a contaminated drycleaning facility site and for all future liability resulting from the contamination;

(2) provides a one hundred fifty thousand dollar irrevocable letter of credit;

(3) utilizes prevention, spill, containment and treatment, restoration, replacement, and rehabilitation methods and procedures approved by the department."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. ASKINS explained the amendment.

Reps. SIMRILL, TUCKER, KIRSH, TOWNSEND, NEAL, LIMBAUGH, WALDROP, FLEMING, HERDKLOTZ and ELLIOTT objected to the Bill.

H. 3694--OBJECTIONS

The following Bill was taken up.

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 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.

AMENDMENT NO. 1

Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 6, by the Committee on Education and Public Works.

Rep. WRIGHT explained the amendment.

Reps. BAXLEY, J. YOUNG, THOMAS, JENNINGS, S. WHIPPER, HARVIN and DELLENEY objected to the Bill.


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