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 4150, May 29 | Printed Page 4170, May 30 |

Printed Page 4160 . . . . . Monday, May 29, 1995

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4253 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Stille and Tucker: A CONCURRENT RESOLUTION SALUTING NORMAN DEAN BANNISTER OF BELTON FOR HIS DEDICATED SERVICE TO LAW ENFORCEMENT AND THE STATE OF SOUTH CAROLINA AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT AS PUBLIC SAFETY CHIEF AT PATRICK B. HARRIS PSYCHIATRIC HOSPITAL.

H. 4255 -- Reps. J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION COMMENDING THE REVEREND JOSEPH W. ALLEY, PASTER OF COLLEGE PLACE UNITED METHODIST CHURCH IN COLUMBIA, FOR HIS DEDICATION TO HIS CHURCH MEMBERS AND FOR HIS CONTRIBUTIONS TO A BETTER WAY OF LIFE IN THE CAPITAL CITY, AND EXTENDING BEST WISHES TO HIM FOR HAPPINESS AND SUCCESS IN HIS NEW ASSIGNMENT.

H. 4256 -- Rep. Cain: A CONCURRENT RESOLUTION TO CONGRATULATE MR. TIM O. HALL, JR., PRESIDENT AND CHAIRMAN OF THE BOARD OF THE BLUE RIDGE BANK OF WALHALLA, UPON RECEIVING THE HALF-CENTURY AWARD FROM THE SOUTH CAROLINA BANKERS ASSOCIATION.

H. 4258 -- Reps. Harrell, Fulmer, Breeland and Inabinett: A CONCURRENT RESOLUTION TO RECOGNIZE MR. JOHN B. JOHNSTON, III, OF CHARLESTON UPON HIS UPCOMING INSTALLATION AS PRESIDENT OF THE NATIONAL RECREATION AND PARKS ASSOCIATION CITIZEN-BOARD MEMBER BRANCH AND TO COMMEND HIM FOR HIS CONTRIBUTIONS TO RECREATION IN CHARLESTON, IN SOUTH CAROLINA, AND IN THE NATION.


Printed Page 4161 . . . . . Monday, May 29, 1995

ADJOURNMENT

At 4:50 P.M. the House in accordance with the motion of Rep. JENNINGS adjourned in memory of Walter Wilson Brown, Jr. of Bennettsville, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 4162 . . . . . Tuesday, May 30, 1995

Tuesday, May 30, 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:

Forgive us, Lord, for our inconsistencies: we say we believe God, yet we doubt His promises; we say "in God we trust," yet we worry and try to manage our own affairs; we say that we love You, Lord, yet we do not obey You; we believe that You have the answer to all our problems, yet we do not consult You. Forgive us, Father God, for our littleness of faith and of our too much pride and self-sufficiency that cause us to ignore Your beckoning and guidance. Then we will discover how much better is Your way and how rewarding it is to walk in it.

Accept our praise and our thanksgiving. 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. KIRSH moved that when the House adjourns, it adjourn in memory of Harry M. Faris of Clover, which was agreed to.

SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR MCCORMICK COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, PROVIDE FOR APPROPRIATIONS FOR THE OPERATION OF THE BOARD,


Printed Page 4163 . . . . . Tuesday, May 30, 1995

PROVIDE FOR NECESSARY OFFICE SPACE, TELEPHONE SERVICE, AND EQUIPMENT FOR THE BOARD, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE MCCORMICK COUNTY ELECTION COMMISSION AND THE MCCORMICK COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW MCCORMICK COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

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. 3135--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 29, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3135:
H. 3135 -- Reps. Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley: A BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE CHIEF, WITH THE APPROVAL OF THE MUNICIPALITY, TO PROVIDE FOR THE COMPENSATION OF RESERVE POLICE OFFICERS.
and asks for a Committee of Conference and has appointed Senators Cork, Gregory and McConnell of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. BREELAND, WALDROP and WHATLEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.


Printed Page 4164 . . . . . Tuesday, May 30, 1995

HOUSE RESOLUTION

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

H. 4259 -- Rep. Stuart: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GIRLS SOFTBALL TEAM OF PELION HIGH SCHOOL AND COACHING STAFF ON THURSDAY, JUNE 1, 1995, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1995 CLASS A GIRLS SOFTBALL STATE TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives will be extended to the girls softball team of Pelion High School and coaching staff on Thursday, June 1, 1995, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1995 Class A girls softball state title.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4260 -- Reps. Howard, Harrison, Shissias and Scott: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 31, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER TO IOANA GRADINARU AND ROBYN PAVLAKOVICH, STUDENTS AT CRAYTON MIDDLE SCHOOL OF RICHLAND COUNTY, FOR THEIR OUTSTANDING ACCOMPLISHMENTS AS TWO OF FOUR MEMBERS OF THE SOUTH CAROLINA MATHCOUNTS TEAM WHICH RECENTLY PLACED SIXTEENTH AMONG FIFTY-SEVEN STATE TEAMS IN THE NATIONAL MATHCOUNTS COMPETITION HELD IN WASHINGTON D.C.

Be it resolved by the House of Representatives:

That Ioana Gradinaru and Robyn Pavalakovich of Crayton Middle School of Richland County along with their math teacher and Mathcounts Team Coach John Rushman and Principal Ellen Cooper, are extended the privilege of the floor of the House of Representatives on Wednesday, May 31, 1995, at a time to be determined by the Speaker for the purpose of


Printed Page 4165 . . . . . Tuesday, May 30, 1995

being recognized and congratulated for their outstanding accomplishments as two of four members of the South Carolina Mathcounts Team which recently placed sixteenth among fifty-seven state teams in the National Mathcounts Competition held in Washington D.C.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4261 -- Reps. Kirsh, Delleney, Meacham, McCraw, Moody-Lawrence and Simrill: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT THANKS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHILDREN OF ANNE SPRINGS CLOSE FOR SETTING ASIDE TWO THOUSAND THREE HUNDRED ACRES IN YORK COUNTY TO PRESERVE AN AREA THAT WILL SERVE AS A BUFFER AGAINST URBAN ENCROACHMENT, PROTECTING THE FORT MILL COMMUNITY FOR GENERATIONS TO COME.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4262 -- Reps. G. Brown and Hines: A CONCURRENT RESOLUTION COMMENDING AND THANKING JOHN E. WALL OF BISHOPVILLE FOR HIS OUTSTANDING LEADERSHIP AND CONTRIBUTIONS TO PUBLIC EDUCATION AS SUPERINTENDENT OF THE LEE COUNTY SCHOOL DISTRICT AND EXTENDING HIM BEST WISHES FOR HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4263 -- Rep. Boan: A CONCURRENT RESOLUTION TO DECLARE DECEMBER 3-9, 1995, AS SOUTH CAROLINA HIGH SCHOOL FOOTBALL COACHES APPRECIATION WEEK AND


Printed Page 4166 . . . . . Tuesday, May 30, 1995

DECLARE FRIDAY, DECEMBER 8, 1995, AS "SOUTH CAROLINA HIGH SCHOOL FOOTBALL COACHES APPRECIATION DAY".

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4264 -- Rep. Stuart: A CONCURRENT RESOLUTION CONGRATULATING PELION HIGH SCHOOL OF LEXINGTON COUNTY ON WINNING THE 1995 CLASS A GIRLS SOFTBALL STATE CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4265 -- Reps. Gamble, Koon, Knotts, Stuart, Riser, Wright and Spearman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MR. JOHN W. PARRISH, SR., OF WEST COLUMBIA, A PROMINENT SOUTH CAROLINA BUSINESS AND CIVIC LEADER, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 875 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTFELT THANKS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE CHILDREN OF ANNE SPRINGS CLOSE FOR SETTING ASIDE TWO THOUSAND THREE HUNDRED ACRES IN YORK COUNTY TO PRESERVE AN AREA THAT WILL SERVE AS A BUFFER AGAINST URBAN ENCROACHMENT, PROTECTING THE FORT MILL COMMUNITY FOR GENERATIONS TO COME.

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


Printed Page 4167 . . . . . Tuesday, May 30, 1995

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 877 -- Senator McConnell: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ROSE MARY S. SMITH FOR HER DEDICATED SERVICE TO THE GENERAL ASSEMBLY ON THE OCCASION OF HER RETIREMENT AND WISHING FOR HER HAPPINESS AND SUCCESS IN ALL THE YEARS TO COME.

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

INTRODUCTION OF BILLS

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

H. 4266 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-56-340 SO AS TO PROVIDE IMMUNITY FROM LIABILITY FOR A TECHNICAL EXPERT PROVIDING ADVICE AND ASSISTANCE TO A COUNTY OR OTHER POLITICAL SUBDIVISION DURING THE COURSE OF A HAZARDOUS MATERIALS EMERGENCY AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 4267 -- Reps. Cato and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-515 SO AS TO PROVIDE THAT INSURERS ISSUING A WORKERS' COMPENSATION INSURANCE POLICY SHALL OFFER, AS A PART OF THE POLICY OR AS AN OPTIONAL ENDORSEMENT TO THE POLICY, DEDUCTIBLES OPTIONAL TO THE POLICYHOLDER FOR BENEFITS PAYABLE UNDER TITLE 42, WORKERS' COMPENSATION, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.

Referred to Committee on Labor, Commerce and Industry.

S. 639 -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT


Printed Page 4168 . . . . . Tuesday, May 30, 1995

THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS.

Referred to Committee on Judiciary.

S. 695 -- Senators Richter and Hayes: A BILL TO AMEND SECTION 20-7-1340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT FOR SUPPORT OR TREATMENT OF A CHILD COMMITTED TO CUSTODY OTHER THAN THAT OF HIS PARENTS, SO AS TO PROVIDE THAT THE SOLICITOR MAY PETITION THE FAMILY COURT TO ORDER THE PARENT OR PARENTS OF A CHILD WHO IS COMMITTED BY THE COURT TO THE CUSTODY OTHER THAN THAT OF HIS PARENTS OR WHO IS GIVEN MEDICAL, PSYCHOLOGICAL, OR PSYCHIATRIC TREATMENT UNDER ORDER OF THE COURT TO PAY CHILD SUPPORT WHEN THE CHILD IS COMMITTED TO OR DETAINED IN THE CUSTODY OF A COUNTY DETENTION FACILITY OR THE DEPARTMENT OF JUVENILE JUSTICE AND TO REQUIRE THE COURT IN MAKING ITS DETERMINATION WHETHER TO ORDER CHILD SUPPORT TO CONSIDER THE CONDUCT OF THE PARENT IN SUPERVISING AND PROVIDING CARE FOR THE CHILD; AND TO AMEND SECTION 20-7-2180 OF THE 1976 CODE, RELATING TO THE RESPONSIBILITY OF THE DEPARTMENT OF JUVENILE JUSTICE FOR A CHILD COMMITTED TO ITS CUSTODY, SO AS TO PROVIDE THAT ALL EXPENSES OF A CHILD COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE SHALL BE BORNE BY THE STATE EXCEPT AS OTHERWISE PROVIDED BY LAW.

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

S. 800 -- Senator Wilson: 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


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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.

Referred to Committee on Labor, Commerce and Industry.

S. 827 -- Senator Waldrep: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERSECTION OF HIGHWAY 76 AND INTERSTATE 85 IN ANDERSON COUNTY AS "CHARLANTA".

Referred to Committee on Education and Public Works.

ROLL CALL

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

Allison          Anderson         Baxley
Boan             Breeland         Brown, H.
Brown, J.        Cain             Cato
Chamblee         Clyburn          Cobb-Hunter
Dantzler         Davenport        Delleney
Easterday        Fair             Fleming
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, J.
Harris, P.       Haskins          Hines
Hodges           Hutson           Inabinett
Jennings         Keegan           Kelley
Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Littlejohn
Lloyd            Marchbanks       Mason
McAbee           McCraw           McKay
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Phillips


Printed Page 4170 . . . . . Tuesday, May 30, 1995

Quinn            Rhoad            Rice
Richardson       Riser            Robinson
Rogers           Sandifer         Seithel
Sharpe           Sheheen          Shissias
Smith, D.        Smith, R.        Spearman
Stille           Stoddard         Stuart
Thomas           Tripp            Trotter
Tucker           Vaughn           Waldrop
Wells            Whatley          Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.


| Printed Page 4150, May 29 | Printed Page 4170, May 30 |

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