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 3840, May 23 | Printed Page 3860, May 23 |
Printed Page 3850 . . . . . Tuesday, May 23, 1995
Rep. SHEHEEN made the following remarks:

"In January of 1966, I walked through those outer doors for the first time and assumed my duties as an assistant journal clerk. Mr. Blatt, later to become a valued friend and colleague, was the presiding officer, and preside he did! Little did I know that some ten years later, I would win election to the South Carolina House and assume a seat at the rear of the chamber. And, even more remote was the possibility that some day I would assume the podium and become Speaker of this institution. The membership honored me in 1986 by electing me Speaker and I suppose only time will be a true judge of what kind of job I did when holding that position. Some will measure it by those who participated in your administration.... one of the Speakers Pro Tem is now Speaker... one is now Governor...and as the song says...two out of three ain't bad. Some will measure it by those accomplishments of organization and the method by which you met adversity...and we all had to meet those things together in 1990 and 1991. Some will measure success by the changes that were brought about during the time.... ethics reform, women elected to the bench, restructuring of government. In the final analysis, the best measurement will be whether the people of South Carolina have some increased measure of respect for the institution as a result of the way we all conducted business during my period of stewardship and I guess none of us can ever know that until many years after our service. You did me great honor by allowing me to serve and now do me great honor by recognizing that service. I only hope that time justifies both."

Rep. J. BROWN moved that the House recede until 2:30 P.M., which was adopted.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

Printed Page 3851 . . . . . Tuesday, May 23, 1995
LEAVE OF ABSENCE

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

H. 3037--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3037:
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
and asks for a Committee of Conference and has appointed Senators Glover, Rose and Stilwell of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. KNOTTS, SCOTT and KIRSH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

Printed Page 3852 . . . . . Tuesday, May 23, 1995
S. 219--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 219:
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.
Very respectfully,
President

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

Whereupon, the Chair appointed Reps. WOFFORD, HODGES and MEACHAM to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

R. 80; S. 802--GOVERNOR'S VETO OVERRIDDEN

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 17, 1995
The Honorable Robert L. Peeler
President of the Senate
State House
Post Office Box 142
Columbia, S. C. 29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 802, R.80, an Act:
TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING BERKELEY COUNTY TO THE GOVERNING BODY OF BERKELEY COUNTY.

Printed Page 3853 . . . . . Tuesday, May 23, 1995
This veto is based on my belief that S. 802, R. 80 of 1995, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that `[n]o laws of a specific county shall be enacted.' Also, this bill addresses circumstances which could be dealt with by general legislation. Article III, Section 34 (IX) of the South Carolina Constitution prohibits the adoption of a special law where a "general law can be made applicable."

For the above reasons, I am returning S. 802, R. 80, without my signature.

Sincerely,
David M. Beasley

The question was put, shall the Act 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 5; Nays 0

Those who voted in the affirmative are:

Brown, H.        Dantzler         Law
Williams         Wofford

Total--5

Those who voted in the negative are: 

Total--0



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






Printed Page 3854 . . . . . Tuesday, May 23,
1995




R. 79; S. 767--GOVERNOR'S VETO OVERRIDDEN



STATE OF SOUTH CAROLINA



OFFICE OF THE GOVERNOR


May 17, 1995

The Honorable Robert L. Peeler

President of the Senate

State House

Post Office Box 142

Columbia, S. C.  29202

Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 767, R.79, an Act:

  TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE
HIGHWAY
  SYSTEM THAT PORTION OF SECONDARY ROAD S-38-1840 IN ORANGEBURG COUNTY
BETWEEN
  THE GATES AT EITHER END OF THE ORANGEBURG-WILKINSON HIGH SCHOOL.

This veto is based upon my concern that the process by which the General
Assembly has closed this road may be potentially unfair.  While perhaps not in
the specific legislation involved herein, a road closing accomplished by such
means has the potential to be unfair to interested citizens, particularly in
cases where the road closing is not supported by all abutting property owners.

As with similar legislation I have vetoed, my concern is that S. 767, R. 79,
vitiates the protection afforded to the public pursuant to Title 57, Chapter 9,
of the Code of Laws of South Carolina, 1976.  Specifically, the provisions of
Chapter 9 require adequate public notice and an opportunity for public hearing
before a road can be closed.  Because this Act circumvents the statutory
process, the safeguards which serve to protect the public would no longer be
effective.

Further, after the General Assembly passed this legislation but prior to its
ratification, the Commission of the Department of Transportation removed this
portion of road from the State Highway System.

For these reasons, I veto S. 767, R. 79.

Sincerely,

David M. Beasley






Printed Page 3855 . . . . . Tuesday, May 23,
1995



  The question was put, shall the Act 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 4; Nays 0



Those who voted in the affirmative are:


Felder           Govan            Sharpe
Stuart

Total--4



Those who voted in the negative are:

Total--0



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

SENT TO THE SENATE


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


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.

ORDERED TO THIRD READING


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


H. 4229 -- Reps. Klauber, Stille, Carnell and McAbee:  A BILL TO AMEND SECTION
7-7-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING
PRECINCTS IN GREENWOOD COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE
OF
THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.


H. 4230 -- Reps. Stoddard, Wilder and Carnell:  A BILL TO PROVIDE FOR PAYMENT
FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION
COMMITTEE.

Rep. CARNELL explained the Bill.



Printed Page 3856 . . . . . Tuesday, May 23,
1995



  H. 4018 -- Rep. Cato:  A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 41-16-75 SO AS TO PROHIBIT A SPECIAL INSPECTOR FROM
PERFORMING ELEVATOR INSPECTIONS UNDER CERTAIN CIRCUMSTANCES.

Rep. A. YOUNG explained the Bill.


S. 624 -- Judiciary Committee:  A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE
WORKERS' COMPENSATION COMMISSION, RELATING TO APPLICATIONS FOR
SELF-INSURANCE,
DESIGNATED AS REGULATION DOCUMENT NUMBER 1842, PURSUANT TO THE PROVISIONS OF
ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. A. YOUNG explained the Joint Resolution.


S. 44 -- Senators Courson, Wilson and Gregory:  A BILL TO AMEND SECTION
17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY
DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S
ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY WITHOUT
EXPRESS OR IMPLIED PERMISSION.

Rep. MARTIN explained the Bill.


H. 3928 -- Rep. Hallman:  A BILL TO AMEND CHAPTER 31, TITLE 5, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-215 SO AS TO PROVIDE A MECHANISM
FOR THE ADDITION OF EX OFFICIO MEMBERS ON A COMMISSION OF PUBLIC WORKS IN
CITIES
WITH MORE THAN THIRTY THOUSAND RESIDENTS AND LESS THAN FIFTY THOUSAND
RESIDENTS.

Rep. COOPER explained the Bill.

RETURNED TO THE SENATE WITH AMENDMENTS


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


S. 786 -- Senators Hayes, Peeler, Short and Gregory:  A BILL TO AMEND ACT 959 OF
1954, AS AMENDED, RELATING TO THE CREATION OF THE YORK COUNTY NATURAL GAS
AUTHORITY, SO AS TO EXPAND THE SERVICE AREA TO A PORTION OF CHEROKEE COUNTY;
TO
INCREASE THE BOARD OF DIRECTORS



Printed Page 3857 . . . . . Tuesday, May 23,
1995



 OF THE AUTHORITY FROM SIX TO TEN MEMBERS AND CHANGE ITS COMPOSITION; TO
PROVIDE
THAT ANY MEMBER OF THE AUTHORITY HAVING THREE UNEXCUSED ABSENCES DURING
A
CALENDAR YEAR MUST BE REMOVED BY THE GOVERNOR; TO AUTHORIZE THE AUTHORITY
TO
PURCHASE, MANUFACTURE, PRODUCE, AND TRANSPORT LIQUEFIED NATURAL GAS,
COMPRESSED
NATURAL GAS, AND PROPANE; TO CORRECT ARCHAIC REFERENCES; TO AUTHORIZE THE
AUTHORITY TO ESTABLISH A RESERVE FUND; TO DELETE THE REQUIREMENT THAT ALL
UNENCUMBERED REVENUES FROM THE SYSTEM BE PAID OVER TO YORK COUNTY AND THE
MUNICIPALITIES SERVED BY THE AUTHORITY AND PROVIDE THAT THESE FUNDS MUST BE
USED
INSTEAD TO EXPAND THE SYSTEM OR TO REDUCE CUSTOMER RATES; AND TO PROVIDE
THAT
THE AUTHORITY MUST DURING THE MONTH OF DECEMBER OF EACH YEAR CONDUCT AN
ANNUAL
MEETING OF THE MEMBERS OF THE COUNTY LEGISLATIVE DELEGATION, COUNTY COUNCIL,
AND
MUNICIPAL COUNCILS FOR THE PURPOSE OF REPORTING THE PREVIOUS YEAR'S ACTIVITIES
AND FUTURE EXPANSION PLANS OF THE AUTHORITY.

S. 679--POINT OF ORDER


The following Bill was taken up.


S. 679 -- Senator Passailaigue:  A BILL TO AMEND CHAPTER 7 OF TITLE 52, CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 52-7-30, RELATING TO THE
POWERS OF THE STATE ATHLETIC COMMISSION, SO AS TO PROVIDE THAT THE COMMISSION
MAY EXEMPT FROM ITS REGULATIONS CERTAIN SCHOOLS, BUSINESSES, AND ASSOCIATIONS
THAT PROVIDE INSTRUCTION IN THE COMBATIVE SPORTS, TO DEFINE CERTAIN TERMS; AND
TO FURTHER AMEND CHAPTER 7, BY ADDING SECTION 52-7-145 SO AS TO BAN CONTESTS
INVOLVING MORE THAN ONE OF THE COMBATIVE SPORTS AND COMBATIVE SPORTS EVENTS
INVOLVING THE USE OF WEAPONS.



Printed Page 3858 . . . . . Tuesday, May 23,
1995




POINT OF ORDER


Rep. KNOTTS 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. 4015--AMENDED AND ORDERED TO THIRD READING


The following Bill was taken up.


H. 4015 -- Rep. Wilkins:  A BILL TO AMEND SECTION 33-37-260, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO CHARTERS FOR BUSINESS
DEVELOPMENT CORPORATIONS, SO AS TO DELETE THE PROVISION PROHIBITING THE
CREATION
OF NEW CLASSES OF STOCK; TO AMEND SECTION 33-37-410, RELATING TO MEMBERS,
STOCKHOLDERS, AND BONDHOLDERS OF THE CORPORATIONS, SO AS TO CLARIFY THE
AUTHORIZED INVESTORS AND INVESTMENT LIMITS; TO AMEND SECTION 33-37-450,
RELATING
TO VOTING BY STOCKHOLDERS AND MEMBERS OF THE CORPORATION, SO AS TO REVISE THE
PROVISIONS TO MAKE THEM CONSISTENT AND COMPATIBLE WITH HAVING NEW CLASSES
OF
STOCK; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO THE
CORPORATION, SO AS TO REVISE THE PROVISIONS FOR LOAN LIMITS AND INVESTMENT
LIMITS; TO AMEND SECTION 33-37-630, RELATING TO THE ELECTION OF THE BOARD OF
DIRECTORS OF CORPORATIONS, SO AS TO CLARIFY THE REQUIREMENTS FOR ELECTION; AND
TO AMEND THE 1976 CODE BY ADDING SECTION 33-37-470 SO AS TO AUTHORIZE THE
ISSUANCE OF NEW CLASSES OF STOCK AND  ARTICLE 9 TO CHAPTER 37, TITLE 33 SO AS TO
PROVIDE FOR APPLICATION OF THE BUSINESS CORPORATIONS ACT.


The Labor, Commerce and Industry Committee proposed the following   Amendment
No. 1 (Doc Name L:\council\legis\amend\PFM\7498BDW.95), which was adopted.

Amend the bill, as and if amended, by striking Section 33-37-460(3)(a), page
4, beginning on line 22, and inserting:

/(a)  twenty percent of the total amount then outstanding on loans to the
corporation by all members, including in the total amount outstanding



Printed Page 3859 . . . . . Tuesday, May 23,
1995



 amounts validly called for loan but not yet loaned,   provided, 
that.  However, the conditions of this subitem (a) shall
do not apply to short-term loans to the corporation when the loan
shall later be is repaid: 

  (i)  from a general loan call to the corporation to be prorated
among all members of the corporation as provided in item (4) of this
section,; or

  (ii) through the sale of participations in loans made by the
corporation; or/

Amend title to conform.

 

Rep. CATO explained the amendment.

Rep. A. YOUNG spoke in favor of the amendment.

The amendment was then adopted.


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

LEAVE OF ABSENCE


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

H. 3909--POINT OF ORDER


The following Bill was taken up.


H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh,
Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder:  A BILL TO AMEND
THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO
PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER,
LAND
SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION,
PARTNERSHIP,
OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL
SERVICES
ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE
EMPLOYER'S
FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH
COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS
SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

Rep. A. YOUNG explained the Bill.








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