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 3510, May 16 | Printed Page 3530, May 17 |

Printed Page 3520 . . . . . Wednesday, May 17, 1995

On motion of Rep. CATO, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. CATO, GAMBLE and NEAL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

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

H. 4221 -- Rep. Walker: A HOUSE RESOLUTION CONGRATULATING LANDRUM HIGH SCHOOL OF SPARTANBURG COUNTY ON WINNING THE STATE CLASS A BOYS TRACK AND FIELD TITLE FOR 1995 (THE SCHOOL'S SECOND CONSECUTIVE STATE CROWN), AND EXTENDING THE TEAM AND COACHING STAFF THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, MAY 23, 1995, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR THIS ACCOMPLISHMENT.

Whereas, Landrum High School of Spartanburg County has won the 1995 State Class A Boys Track and Field title for the school's second consecutive state crown; and

Whereas, Landrum was also the Northwestern Region I-A champion in 1995 (the school's second straight regional title and its fourth in the last five years) and the Class A Upper State champion for the second year in a row; and


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Whereas, the Cardinals of Landrum High finished the 1995 season with an outstanding 15-5 overall record and went undefeated in Region I-A and Class A; and

Whereas, at the state title meet, Landrum scored 68 points and beat Pleasant Hill High School (46 points) and Pelion High School (45 points) for the crown; and

Whereas, the Landrum Cardinals' head coach is G. Rob Rhodes and the team's assistant coach is Russell Mahaffey; and

Whereas, the team members for 1995 included Josh Campbell, Allen Gaulden, Randy McSwain, Derrick Cathcart, Shane Shehan, Geoff Robertson, Jason Pryor, Marc Nodine, Micah Pryor, John McEntyre, Derick Edwards, Josh Pryor, Marc Lockhart, Thomas Honeycutt, Sonny Brown, David Hutcherson, David Plumley, and Richard Vernon, and Lana Bagwell was scorekeeper and Cortney Mayfield was statistician; and

Whereas, the 1995 Landrum Cardinals, who proudly wore the red, white, and black, displayed tremendous talent, dedication, determination, and unity; and

Whereas, the Landrum team and coaching staff are highly deserving of recognition, and the House of Representatives is delighted to be able to congratulate them in this special way. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, congratulates Landrum High School of Spartanburg County on winning the State Class A Boys Track and Field title for 1995 (the school's second consecutive state crown) and extends the team and coaching staff the privilege of the floor of the House of Representatives on Tuesday, May 23, 1995, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on this accomplishment.

Be it further resolved that a copy of this resolution be forwarded to the Landrum High School boys track team in care of Head Coach Rob Rhodes.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4222 -- Rep. Govan: A CONCURRENT RESOLUTION CONGRATULATING THE KIWANIS CLUB OF ORANGEBURG ON


Printed Page 3522 . . . . . Wednesday, May 17, 1995

SERVING THE STATE OF SOUTH CAROLINA AND THE CITIZENS OF ORANGEBURG FOR FIFTY YEARS.

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

HOUSE RESOLUTION

The following was introduced:

H. 4223 -- Rep. G. Brown: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF MR. JOSEPH T. THOMAS, SR., OF LYNCHBURG WHO DIED THURSDAY, MAY 11, 1995.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 844 -- Senators McConnell, Passailaigue, Rose and Giese: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO DIRECT THE GENERAL SERVICES ADMINISTRATION TO TRANSFER OWNERSHIP OF THE REMAINS OF THE ATTACK SUBMARINE THE HUNLEY TO THE STATE OF SOUTH CAROLINA FOR ENSHRINEMENT AT THE NAVAL MARINE MUSEUM IN PATRIOT'S POINT, SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 845 -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEMORATE MAY 25, 1995, AS "NATIONAL MISSING CHILDREN'S DAY" IN REMEMBRANCE OF SOUTH CAROLINA'S MISSING CHILDREN AND TO RECOGNIZE THE ADAM WALSH CENTER'S COMMITMENT AND EFFORTS TO PROTECT THE RIGHTS OF CHILDREN AND TO PREVENT THEIR EXPLOITATION AND VICTIMIZATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


Printed Page 3523 . . . . . Wednesday, May 17, 1995

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4224 -- Reps. Stille, Carnell, McAbee and Townsend: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE ABBEVILLE COUNTY TRANSPORTATION COMMITTEE.

On motion of Rep. STILLE, 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          Askins           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Cain             Carnell          Cato
Cave             Chamblee         Clyburn
Cobb-Hunter      Cooper           Cotty
Dantzler         Delleney         Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Harrell          Harris, J.       Harris, P.
Harrison         Haskins          Herdklotz
Hines            Hodges           Howard
Hutson           Inabinett        Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Knotts
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Lloyd
Marchbanks       Martin           McAbee
McCraw           McKay            McMahand
McTeer           Moody-Lawrence   Neilson
Rhoad            Rice             Richardson
Riser            Robinson         Sandifer
Scott            Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Thomas
Townsend         Tripp            Trotter
Tucker           Waldrop          Walker


Printed Page 3524 . . . . . Wednesday, May 17, 1995

Wells            Whatley          Whipper, S.
White            Wilder           Wilkins
Williams         Wofford          Worley
Wright           Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, May 17. Becky Meacham Bessie Moody-Lawrence James L.M. Cromer, Jr. Richard M. Quinn, Jr. Lewis R. Vaughn Annette Young Michael F. Jaskwhich Ralph Anderson Olin R. Phillips Alma W. Byrd Douglas Jennings, Jr. Timothy F. Rogers Joseph H. Neal Thomas E. Huff G. Ralph Davenport, Jr. Harry M. Hallman, Jr. Jerry N. Govan, Jr. William D. Witherspoon George H. Bailey Lynn Seithel Ralph W. Canty Timothy C. Wilkes Joseph T. McElveen, Jr. Larry L. Koon Thomas G. Keegan C. Alex Harvin, III B. Hicks Harwell

Total Present--122

LEAVES OF ABSENCE

The SPEAKER granted Rep. KEEGAN a leave of absence due to a death in the family.

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

STATEMENT OF ATTENDANCE

Rep. HARWELL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 16.

DOCTOR OF THE DAY

Announcement was made that Dr. Donald Gregg of Greenville is the Doctor of the Day for the General Assembly.


Printed Page 3525 . . . . . Wednesday, May 17, 1995

SPECIAL PRESENTATION

Rep. MARCHBANKS, on behalf of the Pickens Delegation, presented to the House Philip H. Prince, President of Clemson University.

ORDERED TO THIRD READING

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

H. 4215 -- Reps. Cain and Sandifer: A BILL TO AMEND ACT 613 OF 1992, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO REDUCE FROM NINE TO FIVE THE NUMBER OF MEMBERS ON THE BOARD OF TRUSTEES, PROVIDE THAT AFTER SERVING THE COMPLETION OF THE CURRENT AT-LARGE TERMS THE DISTRICT IS GOVERNED BY TRUSTEES ELECTED ONLY FROM SINGLE-MEMBER DISTRICTS, PROVIDE FOR THE FILLING OF VACANCIES, AND REQUIRE A FILING FEE FOR A CANDIDATE FOR TRUSTEE.

H. 4217 -- Reps. Baxley, J. Harris, Jennings and Neilson: A BILL TO REPEAL ACT 467 OF 1969 RELATING TO EXTENDING THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY TO INCLUDE CERTAIN AREAS OUTSIDE THE CORPORATE LIMITS OF JEFFERSON.

H. 4218 -- Rep. McAbee: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE MCCORMICK COUNTY TRANSPORTATION COMMITTEE.

H. 4219 -- Reps. Carnell, Klauber, McAbee and Stille: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE GREENWOOD COUNTY TRANSPORTATION COMMITTEE.

S. 814 -- Senator Holland: A BILL TO REPEAL ACT 467 OF 1969, RELATING TO THE JURISDICTION OF THE POLICE DEPARTMENT OF THE TOWN OF JEFFERSON IN CHESTERFIELD COUNTY.

S. 822 -- Senators Hayes, Peeler, Short and Gregory: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING


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PRECINCTS IN YORK COUNTY, SO AS TO REDESIGNATE THE VOTING PRECINCTS AND DELETE ARCHAIC REFERENCES TO CERTAIN PRECINCTS' BOUNDARIES.

S. 828 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 46 OF 1950, RELATING TO THE DESIGNATION AND AFFIRMATION OF THE SPECIFIC AUTHORITY, RESPONSIBILITIES, AND POWERS OF THE ANDERSON COUNTY BOARD OF EDUCATION, SO AS TO REAFFIRM THE AUTHORITY OF THE BOARD TO ISSUE TAX ANTICIPATION NOTES SIMILAR TO AND CONSISTENT WITH THE TERMS AND PROVISIONS OF PARAGRAPH FOUR OF SECTION 11-27-50 OF THE 1976 CODE.

S. 546 -- Senators Glover and Ford: A BILL TO AMEND CHAPTER 1, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

Rep. WILDER explained the Bill.

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 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.

Rep. JENNINGS explained the Bill.

H. 4216 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STATE PRIMARY DRINKING WATER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1830,


Printed Page 3527 . . . . . Wednesday, May 17, 1995

PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HERDKLOTZ explained the Joint Resolution.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 753 -- Senator Passailaigue: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTERS 6, 8, AND 20, SO AS TO REVISE, REORGANIZE, AND RECODIFY STATE TAX LAWS IMPOSING THE INDIVIDUAL AND CORPORATE INCOME TAX, PROVIDING FOR THE WITHHOLDING OF INCOME TAXES, AND IMPOSING THE CORPORATION LICENSE TAX; TO AMEND TITLE 12 BY ADDING CHAPTERS 56 AND 58, WHICH SHALL CONTAIN RESPECTIVELY THE FORMER PROVISIONS OF ARTICLE 3 OF CHAPTER 54, THE SETOFF DEBT COLLECTION ACT AND ARTICLE 5 OF CHAPTER 54, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS; TO AMEND CHAPTER 54 OF TITLE 12 BY ADDING SECTIONS 12-54-15, 12-54-17, 12-54-42, 12-54-47, 12-54-85, 12-54-127, AND 12-54-135 SO AS TO MOVE ENFORCEMENT PROVISIONS TO THE CHAPTER CONSTITUTING THE UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND TAXATION; BY ADDING SECTION 50-1-280, SO AS TO MOVE THE PROVISIONS RELATING TO THE NONGAME WILDLIFE AND NATURAL AREAS FUND TO THE APPROPRIATE LOCATION IN TITLE 50, RELATING TO FISH, GAME, AND WATERCRAFT; TO AMEND SECTION 12-4-330, AS AMENDED, RELATING TO WITNESSES BEFORE THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO ALLOW THE DIRECTOR AND DESIGNATED OFFICERS TO ADMINISTER OATHS AND TAKE ACKNOWLEDGMENTS; TO AMEND SECTIONS 11-35-5230, AS AMENDED, 12-37-220, AS AMENDED, 12-54-30, AS AMENDED, 12-54-40, AS AMENDED, 12-54-55, AS AMENDED, 12-54-120, AS AMENDED, 12-54-210, 12-54-240, AS AMENDED, 41-44-10, 41-44-20, AND 41-44-70, ALL RELATING TO TAXATION, SO AS TO CONFORM THE SECTIONS TO THE RECODIFIED CHAPTERS ADDED BY THIS ACT, TO PROVIDE THAT A REPEAL OF A SECTION OF THE 1976 CODE BY THIS ACT DOES NOT


Printed Page 3528 . . . . . Wednesday, May 17, 1995

PREVENT THE ASSESSMENT OR COLLECTION OF ANY TAX, INTEREST, OR PENALTIES DUE BEFORE THE EFFECTIVE DATE OF THIS ACT, TO PROVIDE FOR THE CONTINUAL APPLICATION OF CERTAIN DEPARTMENT REGULATIONS PROMULGATED PURSUANT TO THE PREDECESSOR PROVISIONS OF THE CHAPTERS ADDED BY THIS ACT, TO PROVIDE FOR CROSS REFERENCES AND THE DUTIES OF THE CODE COMMISSIONER IN THE RECODIFICATION ACCOMPLISHED BY THIS ACT; AND TO REPEAL CHAPTERS 7, 9, AND 19 OF TITLE 12 AND SECTIONS 41-44-30, 41-44-40, 41-44-50, 41-44-90, AND 41-44-100, ALL OF THE 1976 CODE, AND ALL RELATING TO TAXATION, EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER 1995.

S. 611 -- Senators McConnell and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.

S. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

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.


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SENT TO THE SENATE

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

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 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.

H. 3373 -- Reps. Seithel, Trotter, Wilder, Clyburn, Tripp, G. Brown, Hallman, Townsend, Bailey, Rice, Littlejohn, Herdklotz, Meacham, Jaskwhich, Elliott, Allison, Vaughn, Fulmer, McCraw, Whatley, Limehouse, Simrill, Shissias, Easterday, Breeland, L. Whipper, Harrell, Phillips, Haskins, Cato, A. Young, Stoddard, S. Whipper, Neilson, Sandifer, Davenport, Hines, Moody-Lawrence, Dantzler, Fleming, Lloyd, J. Brown, Limbaugh, Cain, Hodges, Boan, McKay, Walker, Beatty, Rhoad, Hutson, Spearman, Thomas, Cave, J. Young, T. Brown, Stille, Martin and Klauber: A BILL TO AMEND SECTION 47-1-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINES PERTAINING TO CRUELTY TO ANIMALS, SO AS TO PROVIDE FOR DISTRIBUTION OF THE FINES TO ALL ANIMAL HUMANE SOCIETIES.

H. 3955 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-505 SO AS TO AUTHORIZE CERTAIN FISHING ON LAKE ASHWOOD IN LEE COUNTY.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of


Printed Page 3530 . . . . . Wednesday, May 17, 1995

each be changed to that of an Act, and that they be enrolled for ratification.


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