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 280, Jan. 12 | Printed Page 300, Jan. 17 |

Printed Page 290 . . . . . Tuesday, January 17, 1995


H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.

Referred to Committee on Judiciary.


H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.


H. 3270 -- Reps. Richardson, McKay, J. Brown, Cromer, Harvin, Bailey, Lloyd, Stuart, Chamblee, J. Harris, Cain, Moody-Lawrence, Witherspoon and Keyserling: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ELIMINATE THE RETIREMENT INCOME EXCLUSION ELECTION AND PROVIDE FOR THE DEDUCTION OF


Printed Page 291 . . . . . Tuesday, January 17, 1995

ALL RETIREMENT INCOME BEGINNING FOR THE TAXABLE YEAR THE TAXPAYER ATTAINS AGE SIXTY-FIVE AND PROVIDE FOR THE DEDUCTION FOR SURVIVING SPOUSES.

Referred to Committee on Ways and Means.


H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.


H. 3272 -- Reps. Richardson, J. Brown, Harvin, Moody-Lawrence, Scott, Lloyd, Canty, Cobb-Hunter and Keyserling: A BILL TO AMEND SECTION 11-35-5010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSISTANCE TO MINORITY BUSINESS FOR PURPOSES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT A BUSINESS THAT BY WRITTEN AGREEMENT WILL MEET OWNERSHIP REQUIREMENTS WITHIN FIVE YEARS OF A CONTRACT AWARD DATE QUALIFIES AS AN ECONOMICALLY DISADVANTAGED SMALL BUSINESS AND REQUIRE INCREMENTAL INCREASE IN QUALIFYING OWNERSHIP IN EACH OF THE FIVE YEARS; AND TO AMEND SECTION 12-27-1320, AS AMENDED, RELATING TO GOALS FOR AWARDING STATE SOURCE HIGHWAY FUND CONTRACTS TO DISADVANTAGED MINORITIES AND WOMEN, SO AS TO PROVIDE THAT A BUSINESS THAT BY WRITTEN AGREEMENT WILL MEET THE OWNERSHIP REQUIREMENTS WITHIN FIVE YEARS OF A CONTRACT AWARD DATE MUST BE CERTIFIED AS ELIGIBLE TO PARTICIPATE AND REQUIRE INCREMENTAL INCREASE IN QUALIFYING OWNERSHIP IN EACH OF THE FIVE YEARS.

Referred to Committee on Labor, Commerce and Industry.


H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO


Printed Page 292 . . . . . Tuesday, January 17, 1995

ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

Referred to Committee on Ways and Means.


H. 3274 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE V, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS FOR JUSTICES OF THE SUPREME COURT AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THESE OFFICES, TO INCREASE FROM FIVE TO TEN THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THESE OFFICES, AND TO PROVIDE THAT ANY JUSTICE OR JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A JUSTICE OR JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE TEN YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY FOR PURPOSES OF FUTURE REELECTIONS TO THAT JUDICIAL OFFICE, AND PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION, RELATING TO THE JUDICIAL DEPARTMENT BY ADDING SECTION 27 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY LAW SHALL ESTABLISH A JUDICIAL MERIT SELECTION PANEL TO NOMINATE CANDIDATES FOR ELECTION TO JUDICIAL POSITIONS ON THE COURTS OF THIS STATE WHICH ARE FILLED BY ELECTION OF THE GENERAL ASSEMBLY, TO PROVIDE THAT THE GENERAL ASSEMBLY MUST ELECT THESE JUDGES AND JUSTICES FROM AMONG THESE NOMINEES, AND TO PROVIDE THAT NO PERSON MAY BE ELECTED TO THESE JUDICIAL POSITIONS WHO HAS BEEN FOUND NOT QUALIFIED BY THE PANEL.

Referred to Committee on Judiciary.


Printed Page 293 . . . . . Tuesday, January 17, 1995

H. 3275 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR THE OFFICE OF FAMILY COURT JUDGE, SO AS TO INCREASE FROM TWENTY-SIX TO THIRTY-TWO THE AGE REQUIREMENT FOR ELECTION TO THIS OFFICE, TO INCREASE FROM FIVE TO TEN THE NUMBER OF YEARS WHICH A PERSON MUST HAVE BEEN A LICENSED ATTORNEY AT LAW IN ORDER TO BE ELIGIBLE FOR ELECTION TO THIS OFFICE, TO PROVIDE THAT ANY FAMILY COURT JUDGE SERVING IN OFFICE ON THE EFFECTIVE DATE OF THE PROVISIONS OF THIS SECTION REQUIRING A FAMILY COURT JUDGE TO BE THIRTY-TWO YEARS OF AGE AND TO HAVE TEN YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW WHO IS NOT OF THAT AGE OR WHO HAS NOT BEEN LICENSED FOR THIS REQUIRED PERIOD OF TIME MAY CONTINUE TO SERVE FOR THE REMAINDER OF HIS THEN CURRENT TERM AND IS CONSIDERED TO HAVE THE REQUISITE AGE AND YEARS OF SERVICE AS A LICENSED ATTORNEY AT LAW FOR PURPOSES OF FUTURE REELECTIONS TO THE OFFICE OF FAMILY COURT JUDGE, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO SECTION 15 OF ARTICLE V OF THE CONSTITUTION OF THIS STATE PROVIDING FOR A THIRTY-TWO-YEAR-OLD AGE REQUIREMENT AND A TEN-YEAR REQUIREMENT AS A LICENSED ATTORNEY AT LAW FOR SUPREME COURT JUSTICES AND JUDGES OF THE COURT OF APPEALS AND THE CIRCUIT COURT.

Referred to Committee on Judiciary.


H. 3276 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION PANEL TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF JUSTICES AND JUDGES FOR VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION, TO PROVIDE FOR THE MEMBERSHIP OF THE PANEL, AND TO PROVIDE THE PROCEDURES FOR THE NOMINATION AND ELECTION OF CANDIDATES FOR THESE JUDICIAL VACANCIES; TO REPEAL SECTIONS 2-19-70 AND 2-19-80 OF THE 1976 CODE RELATING TO PLEDGING AND OTHER PROCEDURAL MATTERS REGARDING JUDICIAL ELECTIONS; AND TO PROVIDE THAT THE ABOVE


Printed Page 294 . . . . . Tuesday, January 17, 1995

PROVISIONS TAKE EFFECT JULY 1, 1997, AND APPLY TO JUDICIAL VACANCIES OCCURRING ON OR AFTER JANUARY 1, 1998, CONTINGENT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING A JUDICIAL MERIT SELECTION PANEL WHOSE NOMINATIONS AND FINDINGS FOR THESE JUDICIAL OFFICES ARE BINDING ON THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.


S. 334 -- Senators McGill, Glover and Leatherman: A BILL TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.

On motion of Rep. HARWELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

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             Canty            Carnell
Cato             Cave             Chamblee
Clyburn          Cobb-Hunter      Cooper
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Harwell          Haskins          Herdklotz


Printed Page 295 . . . . . Tuesday, January 17, 1995

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           McKay            McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Rice             Richardson       Riser
Robinson         Sandifer         Scott
Seithel          Sharpe           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
Worley           Wright           Young, A.
Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, January 17. Timothy F. Rogers Bradley D. Cain Richard M. Quinn, Jr. C. Alex Harvin, III Joseph T. McElveen, Jr.
Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. McMAHAND a leave of absence for the week.


Printed Page 296 . . . . . Tuesday, January 17, 1995

DOCTOR OF THE DAY

Announcement was made that Dr. Steve Imbeau of Florence is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.


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. 3238--POINT OF ORDER

The following Bill was taken up.


H. 3238 -- Judiciary Committee: TRUTH IN SENTENCING BILL. (Abbreviated Title)

POINT OF ORDER

Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 4820--VETOES 1 THROUGH 18--SUSTAINED

The veto on the following Act was taken up.


(R609) H. 4820 -- THE 1994-95 APPROPRIATIONS ACT. (Abbreviated Title)

VETO 1--SUSTAINED

Part I, Section 16, Election Commission, page 53, line 24, Aid to County Boards of Registration - $220,300


The question was put, shall the item 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 26; Nays 88


Printed Page 297 . . . . . Tuesday, January 17, 1995

Those who voted in the affirmative are:
Askins           Baxley           Beatty
Boan             Breeland         Brown, G.
Canty            Carnell          Cave
Clyburn          Cobb-Hunter      Govan
Hines            Hodges           Howard
Jennings         Martin           McAbee
McCraw           Moody-Lawrence   Phillips
Scott            Spearman         White
Wilder           Williams
Total--26

Those who voted in the negative are:

Allison          Bailey           Brown, H.
Brown, J.        Brown, T.        Byrd
Cain             Cato             Chamblee
Cooper           Cotty            Cromer
Dantzler         Davenport        Delleney
Easterday        Elliott          Fair
Felder           Fleming          Fulmer
Gamble           Hallman          Harrell
Harris, J.       Harrison         Harwell
Haskins          Herdklotz        Huff
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Lloyd            Marchbanks
Mason            McKay            McTeer
Meacham          Neilson          Quinn
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Stille           Stoddard
Stuart           Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, L.      Whipper, S.


Printed Page 298 . . . . . Tuesday, January 17, 1995

Wilkes           Wilkins          Wofford
Worley           Wright           Young, A.
Young, J.
Total--88


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

RECORD FOR VOTING

I was inadvertently called away from the House Chamber during the vote on Veto 1. It is my position that, had I been present, I would have voted to override the Governor's veto on Part 1, Section 16, for the South Carolina Election Commission, County Boards of Voter Registration.

Rep. C. ALEX HARVIN, III

VETO 2--SUSTAINED

Part I, Section 20, Educational Television Commission, page 210, line 26, Reception Match $250,000


The question was put, shall the item 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 24; Nays 89


Those who voted in the affirmative are:

Cave             Clyburn          Elliott
Hodges           Howard           Inabinett
Keyserling       Lloyd            Martin
McAbee           McCraw           McTeer
Moody-Lawrence   Phillips         Rhoad
Scott            Sheheen          Tucker
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Williams
Total--24

Those who voted in the negative are:

Allison          Anderson         Askins
Bailey           Baxley           Boan
Breeland         Brown, G.        Brown, H.


Printed Page 299 . . . . . Tuesday, January 17, 1995

Brown, J.        Brown, T.        Byrd
Cain             Carnell          Cato
Chamblee         Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Fair
Felder           Fleming          Fulmer
Gamble           Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Harwell          Haskins          Herdklotz
Hines            Huff             Hutson
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McKay
Meacham          Neilson          Quinn
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stoddard         Stuart           Thomas
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.
Total--89


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

RECORD FOR VOTING

I was inadvertently called away from the House Chamber during the vote on Veto 2. It is my position that, had I been present, I would have voted to override the Governor's veto on Item 2, Section 20, for the South Carolina Educational Television Commission.

Rep. C. ALEX HARVIN, III


| Printed Page 280, Jan. 12 | Printed Page 300, Jan. 17 |

Page Finder Index