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 3360, May 10 | Printed Page 3380, May 11 |

Printed Page 3370 . . . . . Wednesday, May 10, 1995

On motion of Rep. COOPER, 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 Mr. Julian B. Wright was duly elected for the term prescribed by law.

SEAT 5

Rep. COOPER, on behalf of the Legislative Audit Council Nominating Committee, stated that the following candidates had been screened and found qualified: Mr. Richard S. Beltram and Mr. Dill Blackwell.

Rep. LANFORD withdrew Mr. Richard S. Beltram as follows:

"Ladies and gentlemen, fellow colleagues... On any given day and any given year, I would be more than proud to stand before you and nominate Rick Beltram for the Legislative Audit Council. Rick was contacted and he volunteered to serve and he thought there would be no opposition and he really thought that. Two weeks ago he found out that he did have opposition, a great individual, Representative Dill Blackwell, who served here, and served with many of us and did an outstanding job here. But, Mr. Beltram also, in 1987, moved into my district and opened up a manufacturing facility and now employs over 100 people. He was going to do this out of his dedication to the State of South Carolina, not because he felt that he needed to do this for anything of any personal gain. I talked to Mr. Beltram this morning and being someone who can audit books as Mr. Beltram has with his degrees, he also learned to count at a very early age and he realized what a diligent job the Greenville County delegation did on behalf of Mr. Dill Blackwell. So, he asked me to withdraw him from consideration and that Mr. Dill Blackwell be elected by acclamation."

On motion of Rep. COOPER, 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 Mr. Dill Blackwell was duly elected for the term prescribed by law.


Printed Page 3371 . . . . . Wednesday, May 10, 1995

ELECTION OF OLD EXCHANGE BUILDING

COMMISSION MEMBER

The President announced that nominations were in order for a member of the Old Exchange Building Commission.

Senator Leventis nominated Mr. James M. Eaves as follows:

"Ladies and gentlemen of the Joint Assembly... I rise today to place a name in nomination, the name of Jim Eaves. The Old Exchange Building Commission operated the Old Exchange Building down in Charleston and to history buffs and to all of us, it should be important. Mr. Sherman Smith, a gentleman from Sumter, served with distinction for many years and recently Mr. Smith passed away, so that created a vacancy. Mr. Eaves also lives in Sumter. He has been involved in matters historical for many years. He serves as a custodian of historical documents in Sumter. He helped found the Art Gallery in Sumter. To a great degree, he is very familiar with what takes place at the Old Exchange Building and the problems that they have. You recall that we no longer fund them and that is one of the problems that they have. But, he is a fine individual and he is interested in serving in this role that is important to our state's history and I would place his name in nomination."

On motion of Senator Leventis, 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 Mr. James M. Eaves was duly elected for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 1:00 P.M. the House resumed, the SPEAKER in the Chair.

Rep. J. BROWN moved that the House do now adjourn, which was adopted.


Printed Page 3372 . . . . . Wednesday, May 10, 1995

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4160 -- Reps. Wilkins, Harrison, Delleney, Huff, Thomas and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON THURSDAY, MAY 25, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT,


Printed Page 3373 . . . . . Wednesday, May 10, 1995

SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL
Printed Page 3374 . . . . . Wednesday, May 10, 1995

CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION.

H. 4173 -- Reps. Cooper, Waldrop and J. Harris: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 10, 1995, IMMEDIATELY FOLLOWING THE ELECTION OF COLLEGE AND UNIVERSITY TRUSTEES AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING FIVE SPECIFIED MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL.

H. 4196 -- Reps. Stuart, Gamble, Knotts, Koon, Riser, Spearman and Wright: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SWANSEA HIGH SCHOOL WRESTLING TEAM OF LEXINGTON COUNTY ON WINNING THE 1995 CLASS AA STATE WRESTLING CHAMPIONSHIP.

H. 4199 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF J.C. "DOC" EDWARDS OF CLARENDON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4200 -- Reps. Harvin and J. Young: A CONCURRENT RESOLUTION SALUTING MR. OLLIE I. STUKES OF CLARENDON COUNTY, WHO ON OCTOBER 19, 1995, WILL CELEBRATE SEVENTY YEARS AS A BARBER IN MANNING AND WISHING HIM MANY, MANY MORE YEARS OF CONTINUED GOOD HEALTH AND HAPPINESS.

H. 4201 -- Reps. White, Keyserling, Richardson, Lloyd and McTeer: A CONCURRENT RESOLUTION TO CONGRATULATE THE BEAUFORT MARINE INSTITUTE ON ITS TENTH ANNIVERSARY AND TO RECOGNIZE EACH OF THE SIX MARINE INSTITUTES OF THE STATE OF SOUTH CAROLINA FOR THEIR DEDICATION TO JUVENILE REFORM AND TO COMMEND BEAUFORT MARINE INSTITUTE IN PARTICULAR FOR ITS OUTSTANDING EFFORTS ON BEHALF OF THE YOUTH OF THIS STATE.


Printed Page 3375 . . . . . Wednesday, May 10, 1995

H. 4202 -- Rep. Wilder: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DR. CHARLES L. CUMMINS, JR., FOR HIS SUPPORT AND ENCOURAGEMENT FOR STUDENT ATHLETES DURING HIS TWENTY-FOUR YEARS AS SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56.

ADJOURNMENT

At 1:00 P.M. the House in accordance with the motion of Rep. MARCHBANKS adjourned in memory of James Milford "Bluff" Garrett of Six Mile, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 3376 . . . . . Thursday, May 11, 1995

Thursday, May 11, 1995

(Statewide 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, Who speaks in quietness to the listening ear, cleanse from our minds any thoughts that color our outlook. Grant to us a vision of Your face and a knowledge of Your will. We would bring to You our inmost lives, cluttered and confused, where the good and the evil, the petty and the great, the wheat and the tares, are so closely entwined. May the nearness of Your presence inspire our every thought, word and action. Cause our lives to be untroubled as we stay our minds on You.

We pray in the Name of Him Who offers peace that surpasses all understanding. 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 yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. CARNELL moved that when the House adjourns, it adjourn in memory of James C. "Jimmy" Self, Jr. of Greenwood, which was agreed to.


Printed Page 3377 . . . . . Thursday, May 11, 1995

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1818
Promulgated By LLR - Board of Accountancy
Experience while obtaining required education; Reinstatement of license after revocation; form of organization and name
Received by the Speaker March 24, 1995
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date February 28, 1996
Request to withdraw - HLCI May 11, 1995
Withdrawn and Resubmitted May 11, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 10, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 357:
S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

S. 9--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

S. 9 -- Senators Holland, Saleeby, McConnell, Moore, Matthews, Stilwell, Courtney, Jackson, Rose and Giese: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT


Printed Page 3378 . . . . . Thursday, May 11, 1995

ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA AND OF THE SEVERAL COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS OF THIS STATE; TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-65, SO AS TO ESTABLISH ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990 COMMENCING WITH THE 1996 GENERAL ELECTION, TO DESIGNATE THE PRESIDENT PRO TEMPORE OF THE SENATE AS THE APPROPRIATE OFFICIAL OF THE SUBMITTING AUTHORITY TO MAKE THE REQUIRED SUBMISSION OF THE SENATE REAPPORTIONMENT PLAN CONTAINED IN THIS ACT TO THE UNITED STATES DEPARTMENT OF JUSTICE UNDER THE VOTING RIGHTS ACT; AND TO REPEAL SECTION 2-1-60, AS AMENDED, RELATING TO CURRENT ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED SUBJECT TO CERTAIN CONDITIONS.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3666--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE


Printed Page 3379 . . . . . Thursday, May 11, 1995

FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

REPORTS OF STANDING COMMITTEES

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

S. 688 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDERS, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CERTAIN CULTURED GAME FISH TO STOCK OR RESTOCK CULTURED GAME FISH THAT EXCEEDS FOUR INCHES IN OVERALL LENGTH, TO PROVIDE A DEFINITION FOR CULTURED GAME FISH, AND TO MAKE OTHER GRAMMATICAL AND TECHNICAL CHANGES.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3844 -- Rep. Cromer: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE


Printed Page 3380 . . . . . Thursday, May 11, 1995

COLLECTED IN EACH COUNTY BY CLERKS OF COURT, REGISTERS OF MESNE CONVEYANCES, AND COUNTY TREASURERS, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.

Ordered for consideration tomorrow.


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