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 3370, May 10 | Printed Page 3390, May 11 |

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

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

H. 3848 -- Rep. Cromer: A BILL TO AMEND SECTION 30-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MANNER IN WHICH MORTGAGE ASSIGNMENTS MUST BE EXECUTED AND PROBATED, SO AS TO REQUIRE THAT ASSIGNMENT OF MORTGAGE FORMS INCLUDE THE NAME AND ADDRESS OF THE MORTGAGOR AND OF THE MORTGAGEE AND THE BOOK, PAGE, AND DATE OF RECORDING OF THE ORIGINAL MORTGAGE.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3421 -- Reps. Keegan, Kelley, Martin, Worley, Thomas and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-11-75 SO AS TO AUTHORIZE THE DEPARTMENT OF VETERANS AFFAIRS TO ESTABLISH ONE OR MORE STATE VETERANS' CEMETERIES IN THE STATE AND TO PROVIDE FOR THE MANNER IN WHICH THE CEMETERIES SHALL BE ACQUIRED, MAINTAINED, AND OPERATED.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and


Printed Page 3381 . . . . . Thursday, May 11, 1995

Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 282 -- Senators Lander and Hayes: A BILL TO AMEND SECTION 25-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE COMMISSIONED OR ENLISTED IN THE SOUTH CAROLINA STATE GUARD, SO AS TO PROVIDE THAT A PERSON MUST BE A UNITED STATES CITIZEN AND RESIDENCY IN SOUTH CAROLINA IS NOT REQUIRED.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

S. 703 -- Senators Giese, Passailaigue and Glover: A BILL TO AMEND TITLE 44, CHAPTER 36, ARTICLE 1, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATEWIDE ALZHEIMER'S DISEASE AND RELATED DISORDERS REGISTRY, SO AS TO REVISE THE COMPOSITION OF THE ADVISORY COMMITTEE TO THE REGISTRY, TO PROVIDE FOR THE DUTIES OF THE COMMITTEE, TO REVISE THE CONFIDENTIALITY PROVISIONS, AND TO PROVIDE PENALTIES.

RULE 5.12 WAIVED

Rep. J. BROWN moved to waive Rule 5.12, which was agreed to by a division vote of 26 to 0.

Ordered for consideration tomorrow.


Printed Page 3382 . . . . . Thursday, May 11, 1995

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 4205 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Carnell, Cato, Harrison, Huff, Meacham, Quinn, Sharpe, Townsend and Vaughn: A HOUSE RESOLUTION TO SET TUESDAY, MAY 23, 1995, AT 12:00 NOON, AS THE TIME FOR THE UNVEILING OF THE PORTRAIT OF FORMER SPEAKER ROBERT J. SHEHEEN.

Whereas, the portrait of our former Speaker Robert J. Sheheen, which will hang in the House Chamber, has been completed. Now, therefore,

Be it resolved by the House of Representatives:

That the portrait of former Speaker Robert J. Sheheen will be unveiled in the House Chamber at 12:00 noon on Tuesday, May 23, 1995.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4206 -- Rep. Rice: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND DR. AND MRS. HAROLD B. SIGHTLER OF GREENVILLE COUNTY ON THE HAPPY OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY, MAY 11, 1995, AND COMMENDING BOTH OF THESE WONDERFUL PEOPLE FOR THEIR MANY CONTRIBUTIONS TO THEIR CHURCH AND COMMUNITY OVER THE YEARS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4207 -- Reps. Tucker, Rogers, Harrison and Hodges: A CONCURRENT RESOLUTION CONGRATULATING BRIAN A. COMER OF ANDERSON ON WINNING THE 1995 ALGERNON SYDNEY SULLIVAN AWARD AT THE UNIVERSITY OF SOUTH CAROLINA.

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


Printed Page 3383 . . . . . Thursday, May 11, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 4208 -- Reps. Spearman, Clyburn and McAbee: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEOPLE OF SALUDA COUNTY ON CELEBRATING ITS ONE HUNDREDTH ANNIVERSARY AND FOR ITS PAST ENDEAVORS AND BEST WISHES FOR A FUTURE FILLED WITH THE SAME STRONG SPIRIT THAT LED THE EARLY SETTLERS TO ENDURE HARDSHIP IN ORDER TO MAKE A HOME AND MAINTAIN THEIR FREEDOM IN THE BOUNTIFUL LAND NOW KNOWN AS SALUDA COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4209 -- Reps. Cobb-Hunter and Shissias: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO ENSURE THAT SOUTH CAROLINA CHILDREN AND FAMILIES ARE FUNDED ON AN EQUITABLE BASIS WHEN PRESCRIBING BLOCK GRANT FUNDING FORMULAS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 4210 -- Rep. Cave: A CONCURRENT RESOLUTION RECOGNIZING AND APPLAUDING THE HEROIC EFFORTS OF THE MEN AND WOMEN OF ALLENDALE COUNTY AND THE SURROUNDING COMMUNITIES FOR RESCUING AND PROVIDING MEDICAL TREATMENT, FOOD, AND SHELTER TO THE PASSENGERS AND CREW MEMBERS ABOARD THE AMTRAK SILVER STAR WHICH DERAILED IN ALLENDALE COUNTY ON MAY 2, 1995.

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


Printed Page 3384 . . . . . Thursday, May 11, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 4211 -- Reps. Carnell, McAbee, Klauber, Stille, Wilkins, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, 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, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, 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, 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 PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES C. SELF, JR., OF GREENWOOD COUNTY AND EXTENDING DEEPEST SYMPATHY TO THE MEMBERS OF HIS FAMILY AND HIS MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4212 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Stille and Tucker: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THOMAS EUGENE MILES OF ANDERSON COUNTY UPON HIS RECENT DEATH.

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


Printed Page 3385 . . . . . Thursday, May 11, 1995

INTRODUCTION OF BILLS

The following Bill and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.

Referred to Committee on Judiciary.

S. 820 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1835, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 821 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SCHOOL-TO-WORK TRANSITION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1837, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.


Printed Page 3386 . . . . . Thursday, May 11, 1995

ROLL CALL

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

Allison          Anderson         Askins
Baxley           Beatty           Breeland
Brown, G.        Brown, H.        Brown, J.
Brown, T.        Byrd             Cain
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
Haskins          Herdklotz        Hines
Hodges           Howard           Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            McAbee           McCraw
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neilson
Phillips         Rhoad            Rice
Richardson       Riser            Robinson
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Townsend         Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Williams
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.



Printed Page 3387 . . . . . Thursday, May 11, 1995

STATEMENT OF ATTENDANCE

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

Paula H. Thomas          Elsie Rast Stuart
Ralph W. Canty           Richard M. Quinn, Jr.
George H. Bailey         William D. Boan
Joseph H. Neal           Joseph T. McElveen, Jr.
C. Alex Harvin, III      David H. Wilkins
B. Hicks Harwell         Timothy F. Rogers

Total Present--120

LEAVE OF ABSENCE

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

RECORD FOR JOURNAL

I had the responsibility to brief and welcome college representatives to School to Work workshop at University of South Carolina.

I am the Governor's appointee to School to Work Council.

Rep. ELSIE RAST STUART

STATEMENTS OF ATTENDANCE

Reps. QUINN and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 10.

SPECIAL PRESENTATION

Reps. T. BROWN and THOMAS presented to the House the Andrews Yellow Jackets Boys Basketball Team, winners of the 1995 State Class AA Basketball Championship, their coaches and other school officials and congratulated them on their undefeated season.

SENT TO THE SENATE

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

H. 4198 -- Reps. Koon, Gamble, Knotts, Wright, Stuart and Riser: A BILL TO AMEND SECTION 7-7-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.


Printed Page 3388 . . . . . Thursday, May 11, 1995

H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.

ORDERED TO THIRD READING

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

H. 4203 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

H. 4186 -- Reps. Shissias, Cotty, Rogers, Cromer, Harrison, Quinn, Howard, Scott, Neal, J. Brown and Byrd: A BILL TO AMEND SECTION 7-7-465, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO ADD THE GREGG PARK PRECINCT AND TO STIPULATE THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS IN RICHLAND COUNTY ARE SHOWN.


Printed Page 3389 . . . . . Thursday, May 11, 1995

H. 4203--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. STILLE, with unanimous consent, it was ordered that H. 4203 be read the third time tomorrow.

H. 4186--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SHISSIAS, with unanimous consent, it was ordered that H. 4186 be read the third time tomorrow.

S. 670--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 670 -- Senator Holland: A BILL TO PROVIDE THAT EACH MEMBER OF THE KERSHAW COUNTY TRANSPORTATION COMMITTEE MUST BE PAID THE SUM OF SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE.

Reps. SHEHEEN and COTTY proposed the following Amendment No. 1, which was adopted.

Amend the bill, as and if amended,by adding a new section to read as follows:

The Kershaw County Transportation Committee shall receive the payment authorized herein upon issuance of approved vouchers by its chairman; provided, however, the chairman may not approve vouchers in any single fiscal year which vouchers authorize payment for more than ten meetings per fiscal year for each member of the committee.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 670--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that S. 670 be read the third time tomorrow.


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