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 270 . . . . . Thursday, January 12, 1995

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.

Referred to Committee on Judiciary.


H. 3242 -- Reps. Anderson, McMahand and Breeland: A JOINT RESOLUTION REQUIRING THE CHIEF INSURANCE COMMISSIONER TO RECOMMEND TO THE GENERAL ASSEMBLY LEGISLATIVE CHANGES THAT WILL ENCOURAGE A GREATER NUMBER OF INSURANCE COMPANIES TO OPERATE IN THIS STATE IN SUCH A MANNER AS TO FOSTER BROAD-BASED COMPETITION IN THE MARKET PLACE AND RESULT IN REDUCED PREMIUMS FOR THE STATE'S CONSUMERS.

Referred to Committee on Labor, Commerce and Industry.


H. 3243 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-6-35 SO AS TO PERMIT A SUBCONTRACTOR TO RECLAIM CERTAIN MATERIALS EVEN IF A MECHANIC'S LIEN OR ANY OTHER LIEN HAS BEEN FILED WITH RESPECT TO THE REAL PROPERTY, AND PROVIDE THAT ANY LAW ENFORCEMENT AGENCY OR DEPARTMENT, UPON REQUEST OF THE SUBCONTRACTOR, SHALL RENDER ASSISTANCE IN THE RECOVERY OF SUCH MATERIALS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 29-6-60, RELATING TO THE INSTANCES AND CIRCUMSTANCES TO WHICH THE PROVISIONS OF CHAPTER 6, TITLE 29 (PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS) DO NOT APPLY.

Referred to Committee on Judiciary.


H. 3244 -- Rep. McElveen: A BILL TO AMEND TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC

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RELATIONS, BY ADDING CHAPTER 6 SO AS TO ENACT THE "UNIFORM PREMARITAL AGREEMENT ACT".

Referred to Committee on Judiciary.


H. 3245 -- Rep. McElveen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION.

Referred to Committee on Judiciary.


H. 3246 -- Rep. McElveen: A BILL TO AMEND SECTION 2-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANDIDATES FOR THE HOUSE OF REPRESENTATIVES AND THEIR TERMS OF OFFICE, SO AS TO PROVIDE THAT MEMBERS OF THE HOUSE MAY NOT SERVE MORE THAN THREE CONSECUTIVE TWO-YEAR TERMS IN OFFICE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-65 SO AS TO PROVIDE THAT MEMBERS OF THE SENATE MAY NOT SERVE MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS IN OFFICE.

Referred to Committee on Judiciary.


H. 3247 -- Rep. Cromer: A BILL TO AMEND SECTION 7-3-610, AS AMENDED, AND SECTION 7-13-611, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOT SPECIFICATIONS AND THE ARRANGEMENT OF PRIMARY BALLOTS, SO AS TO PROVIDE FOR A CONSOLIDATED PRIMARY ELECTION BALLOT ON WHICH AN ELECTOR MAY VOTE IN THE PRIMARY OF THE ELECTOR'S CHOICE IN EACH OFFICE TO BE FILLED.

Referred to Committee on Judiciary.


H. 3248 -- Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN OFFICERS, BY ADDING SECTION 4 SO AS TO PROVIDE FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING STATE OR LOCAL GOVERNMENT OFFICES FILLED BY A VOTE OF QUALIFIED ELECTORS OR APPOINTED

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OFFICIALS AND TO REQUIRE THE GENERAL ASSEMBLY TO ENACT IMPLEMENTING LEGISLATION.

Referred to Committee on Judiciary.


H. 3249 -- Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN OFFICERS, BY ADDING SECTION 4, SO AS TO PROVIDE FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING STATE OR LOCAL GOVERNMENT OFFICES FILLED BY A VOTE OF QUALIFIED ELECTORS AND TO REQUIRE THE GENERAL ASSEMBLY TO ENACT IMPLEMENTING LEGISLATION.

Referred to Committee on Judiciary.


H. 3250 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-33-117 SO AS TO PROVIDE FOR CAUSES OF ACTION AGAINST THE FEDERAL AGENCY REQUIRING IMPLEMENTATION OF INCLUSION IN THE PUBLIC SCHOOLS OF THIS STATE AND DEFINE TERMS.

Referred to Committee on Education and Public Works.


H. 3251 -- Rep. McElveen: A BILL TO ENACT THE "RESPONSIBLE PARENTING ACT OF 1995" BY ADDING SECTION 43-5-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO REQUIRE PARENTS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) TO BE COUNSELED ON THE RESPONSIBILITIES OF PARENTHOOD AND ON CONTROLLING FAMILY SIZE; TO PROHIBIT AN INCREASE IN AFDC BENEFITS BECAUSE OF AN INCREASE IN THE NUMBER OF CHILDREN IN A FAMILY; TO PROVIDE THAT A FAMILY THAT DISCONTINUES RECEIVING AFDC MAY NOT INCLUDE ADDITIONAL CHILDREN IN ITS FAMILY SIZE WHEN REAPPLYING FOR BENEFITS UNLESS THE FAMILY DID NOT RECEIVE AFDC FOR TWENTY-FOUR OR MORE MONTHS; TO PROVIDE THAT A CHILD NOT INCLUDED IN THE FAMILY SIZE FOR THE PURPOSE OF THE FAMILY RECEIVING AFDC MAY RECEIVE MEDICAID IF OTHERWISE ELIGIBLE; AND TO DIRECT THE DEPARTMENT OF SOCIAL

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SERVICES TO APPLY FOR A WAIVER IF NECESSARY TO IMPLEMENT THIS ACT.

Referred to Committee on Judiciary.


H. 3252 -- Reps. L. Whipper, McMahand, Moody-Lawrence, Williams, Lloyd, J. Brown, Breeland, Beatty, Byrd and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT TO INSTALL A SECURITY MEASURE WHICH WOULD HINDER THE EXIT OF A PERSON FROM THE UNIT IN CASE OF A FIRE AND REQUIRE AN OWNER OF A DWELLING UNIT TO PROVIDE EASY ACCESS TO ALL EXITS OF THE DWELLING UNIT OR BUILDING IN WHICH THE UNIT IS LOCATED AND TO PROVIDE A PENALTY FOR VIOLATION.

Referred to Committee on Judiciary.

ROLL CALL

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

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Brown, T.
Byrd             Cain             Canty
Carnell          Cato             Cave
Chamblee         Clyburn          Cobb-Hunter
Cooper           Cotty            Cromer
Dantzler         Davenport        Delleney
Easterday        Fair             Felder
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Harvin           Haskins          Herdklotz
Hines            Hodges           Howard
Huff             Hutson           Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Limbaugh
Limehouse        Littlejohn       Lloyd

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Marchbanks       Martin           Mason
McAbee           McCraw           McElveen
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Rogers
Sandifer         Scott            Sharpe
Sheheen          Shissias         Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Thomas
Townsend         Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, L.
Whipper, S.      White            Wilder
Wilkins          Williams         Witherspoon
Wofford          Worley           Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday,
January 12.
James N. Law                Curtis B. Inabinett
Timothy C. Wilkes           John W. Tucker, Jr.
David A. Wright             B. Hicks Harwell
Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. SEITHEL a leave of absence for the day due to illness.


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

DOCTOR OF THE DAY

Announcement was made that Dr. Ned Nicholson of Edgefield is the Doctor of the Day for the General Assembly.

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H. 3253--ADOPTED

The following was introduced:


H. 3253 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 8.7 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO A MOTION TO RECESS, SO AS TO AUTHORIZE THE SPEAKER, UNLESS A MEMBER OBJECTS, TO ORDER THE HOUSE TO STAND AT EASE TO BE RECONVENED AT THE CALL OF THE CHAIR.

Be it resolved by the House of Representatives:

That Rule 8.7 of the Rules of the House of Representatives is amended to read:

"8.7 A motion to recess may state the time for reconvening and in the absence of such time stated, reconvening shall be at the call of the Chair. The Speaker may at anytime, unless a member objects, order the House to stand at ease to be reconvened at the call of the Chair."


Rep. HUFF explained the House Resolution.

The Resolution was adopted.

H. 3254--ADOPTED

The following was introduced:


H. 3254 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 8.11 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE CONDITIONS UNDER WHICH MOTIONS ARE DECIDED BY SIMPLE MAJORITY, SO AS TO DELETE THE MOTION TO TAKE UP ANY MATTERS IN THE ORDERS OF THE DAY NOT REGULARLY REACHED.

Be it resolved by the House of Representatives:

That Rule 8.11 a. of the Rules of the House of Representatives is amended to read:

"a. The following motions shall must be decided by simple majority unless otherwise specified and without debate after such any short remarks as the Speaker may permit permits:

to adjourn;

to take a recess;

to continue;

to commit or recommit;

to lay on the table;

for the previous question;

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to take up any matters in the orders of the day not regularly reached;

to proceed to the orders of the day;

to postpone indefinitely, or to a day beyond the session;

to adjourn a debate;

to recur to the morning hour;

to fix the hour to which the House shall next meet;"


Rep. HUFF explained the House Resolution.

The Resolution was adopted.

REPORT OF STANDING COMMITTEE

Rep. HUFF, from the Committee on Rules, submitted a favorable report, on:


H. 3048 -- Reps. Cromer, Simrill, Wilder, Keyserling, Tucker, Kirsh and Shissias: A HOUSE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO MISCELLANEOUS RULES BY ADDING RULE 10.10 SO AS TO PROVIDE THAT MEETINGS OF A LEGISLATIVE CAUCUS AS DEFINED IN SECTION 2-17-10(11), CODE OF LAWS OF SOUTH CAROLINA, 1976, MAY NOT BE CLOSED TO THE PUBLIC AND MUST BE OPEN TO THE PUBLIC PURSUANT TO SECTION 30-4-60.

H. 3048--ADOPTED

The following House Resolution was taken up for immediate consideration.


H. 3048 -- Reps. Cromer, Simrill, Wilder, Keyserling, Tucker, Kirsh and Shissias: A HOUSE RESOLUTION TO AMEND RULE 10 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO MISCELLANEOUS RULES BY ADDING RULE 10.10 SO AS TO PROVIDE THAT MEETINGS OF A LEGISLATIVE CAUCUS AS DEFINED IN SECTION 2-17-10(11), CODE OF LAWS OF SOUTH CAROLINA, 1976, MAY NOT BE CLOSED TO THE PUBLIC AND MUST BE OPEN TO THE PUBLIC PURSUANT TO SECTION 30-4-60.

Be it resolved by the House of Representatives:

That Rule 10 of the Rules of the House of Representatives is amending by adding:

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"10.10 Meetings of a legislative caucus as defined in Section 2-17-10(11), Code of Laws of South Carolina, 1976, may not be closed to the public and must be open to the public pursuant to Section 30-4-60."


Rep. HUFF explained the House Resolution.

The Resolution was adopted.

H. 3255--ADOPTED

The following was introduced:


H. 3255 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 8.6 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE PROCEDURE FOR INVOKING THE PREVIOUS QUESTION ON A MATTER.

Be it resolved by the House of Representatives:

That Rule 8.6 of the Rules of the House of Representatives is amended to read:

"8.6 The previous question upon any matter may be invoked as follows:

a. Immediate cloture. Upon an affirmative vote on a motion for the previous question (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times), the amendments then upon the desk shall be considered, but no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The sponsor of an amendment shall be allowed an opportunity to make a short explanation of his amendment for a period not to exceed three minutes, then opponents to the amendment shall be permitted not more than three minutes to oppose the proposed amendment. Then two hours of debate shall be allowed on the bill as and if amended, the time being equally divided between opponents and proponents with no person to speak more than ten minutes.

Provided, any member who has been recognized by the Speaker and is speaking from the podium, is considered to be debating the issue and a call for the previous question, whether by the member or any other member, requires the necessary fifty percent of those present and voting plus five.

b. Delayed cloture. Upon an affirmative vote upon a motion for the previous question to take effect in two hours (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate, and a simple majority vote at all other times), the

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previous question will be invoked to take effect two hours from the time such affirmative vote is made, provided that such two-hour period may not be extended and may not be shortened if five (5) members object. After the previous question is in effect pursuant to this subsection, consideration of amendments and further debate shall proceed in the same manner and under the same limitations as those set forth in subsection (a) of this rule, including that no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor.

Provided, further, that during the two-hour period immediately preceding delayed cloture, but after the vote for same, all actions otherwise possible, including putting amendments on the desk, may be accomplished."


Rep. HUFF explained the House Resolution.

The Resolution was adopted.

H. 3256--ADOPTED

The following was introduced:


H. 3256 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 3.11 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO ALLOCATION OF OFFICE SPACE FOR THE MEMBERS, SO AS TO CHANGE THE MANNER IN WHICH OFFICE SPACE IS ALLOCATED.

Be it resolved by the House of Representatives:

That Rule 3.11 of the Rules of the House of Representatives is amended to read:

"3.11 As soon as practicable, after the House has been organized, office space of members shall must be allotted as follows:

The Clerk shall prepare a ballot for each county with only its name printed thereon. Ballots shall be placed in a closed box and the Speaker shall then direct a person or persons to draw them out one by one. After each ballot is drawn, the members from that county shall select their office space Each member shall choose an office in the Blatt Building on the basis of their seniority in the House in accordance with the county in which the member resides based on a floor plan prepared by the House Operations and Management Committee with the consent of the Speaker. In the event a member's district consists of more than one county or parts of more than one county, or represents a county with only one district, the member concerned may select office space with or adjoining the

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delegation the member desires provided the member indicates his preference to the House Operations and Management Committee prior to balloting and, providing that space in the area selected by a particular county is available, provided, however, in order to contain the cost of office relocation, a A member who has served in the immediately preceding session shall have first preference on retention of his previously assigned office. This preference must be stated before ballots for offices are drawn. If such reelected member does not express a preference for his old office, he must ballot by county for his office in the manner above specified. The House Operations and Management Committee is authorized to make necessary adjustments in the assignment of office space with the consent of the Speaker when available space cannot be reasonably adjusted to conform with the county selections made pursuant to this subsection.

The provisions of this rule shall do not apply to office space for the Speaker, Speaker Pro Tempore, Chairman of the Rules Committee, Chairman of the Invitations and Memorial Resolutions Committee, Chairman of the Interstate Cooperation Committee and Chairmen of any other standing study committees or any other caucus having assigned space in the Blatt Building."


Rep. HUFF explained the House Resolution.

The Resolution was adopted.

ORDERED TO THIRD READING

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


H. 3217 -- Reps. Neilson, Hines and Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.


H. 3218 -- Rep. Askins: A BILL TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE

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EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.

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