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 530, Jan. 25 | Printed Page 550, Jan. 25 |

Printed Page 540 . . . . . Wednesday, January 25, 1995

H. 3377 -- Reps. Townsend, Littlejohn, P. Harris, Kennedy, Stille, Allison, Cooper, Tucker, Kelley, Walker, Chamblee and Fair: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND AND FEDERAL AID HIGHWAY FUND, SO AS TO REQUIRE THE DEPARTMENT OF TRANSPORTATION TO SUBMIT IN ITS ANNUAL BUDGET TO THE GENERAL ASSEMBLY ALL HIGHWAY PROJECTS SCHEDULED FOR CONSTRUCTION OR UNDER CONSTRUCTION, TO REQUIRE THE DEPARTMENT IN MOST CIRCUMSTANCES TO COMPLETE THESE PROJECTS BEFORE THE INITIATION OF A PROJECT NOT INCLUDED IN THE BUDGET AS SUBMITTED, AND TO REQUIRE THE DEPARTMENT NOT TO PAY FEES FOR PRELIMINARY ENGINEERING SERVICES UNTIL THE PROJECT IS COMPLETED.

Referred to Committee on Ways and Means.

H. 3378 -- Reps. Townsend, Littlejohn, Kelley, Kennedy, Walker, Allison, Cooper, Chamblee, Fair and Stille: A BILL TO AMEND SECTION 53-5-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOLIDAYS FOR BANKS AND OTHER FINANCIAL INSTITUTIONS, SO AS TO INCLUDE THE FRIDAY IMMEDIATELY PRECEDING EASTER SUNDAY.

Referred to Committee on Labor, Commerce and Industry.

H. 3379 -- Reps. Law, Trotter, Robinson, S. Whipper and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-160 SO AS TO PROHIBIT THE SALE OF TOBACCO PRODUCTS ON CREDIT, DEFINE TERMS,


Printed Page 541 . . . . . Wednesday, January 25, 1995

AND PROVIDE AN EXCEPTION AND PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3380 -- Reps. Lanford, Wilkins, Hallman, Koon, Mason, Sandifer, Simrill, Wright, Cain, Allison, Wells, Walker, A. Young, McCraw, Hines, Cato, Inabinett, Breeland, Herdklotz, S. Whipper, Davenport and Beatty: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE TO A SECURE EVALUATION CENTER FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS.

Referred to Committee on Judiciary.

H. 3381 -- Reps. J. Brown, Breeland, Cave, Anderson, Moody-Lawrence, L. Whipper, Hines, Inabinett, G. Brown, Govan, S. Whipper, Wilder, Clyburn, McMahand, Beatty, Byrd, Williams, Lloyd, Stille, Neal, Scott, Howard and Askins: A JOINT RESOLUTION TO CREATE THE GOVERNOR'S COMMISSION ON SOCIALLY DISADVANTAGED BLACK MALES TO STUDY THE EDUCATION AND THE ECONOMIC AND HEALTH SURVIVAL OF BLACK MALES IN SOUTH CAROLINA.

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

H. 3382 -- Reps. Keyserling, Cobb-Hunter, Inabinett, Lloyd, White, Hutson, Shissias, Cave, Moody-Lawrence, Thomas, Stuart, T. Brown, J. Harris, Klauber, Richardson, Byrd and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-225 SO AS TO REQUIRE MARRIAGE LICENSE APPLICANTS TO PRESENT CERTIFICATES STATING THEY HAVE BEEN GIVEN A STANDARD SEROLOGIC TEST FOR SEXUALLY TRANSMITTED DISEASES INCLUDING HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND PROVIDE REQUIREMENTS FOR THE CERTIFICATE AND PENALTIES.

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


Printed Page 542 . . . . . Wednesday, January 25, 1995

H. 3383 -- Reps. Cromer and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 12A. TO ARTICLE III, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY DELEGATE MATTERS RELATING TO THE DISCIPLINING OF ITS MEMBERS TO THE APPROPRIATE EXECUTIVE BRANCH AGENCY.

Referred to Committee on Judiciary.

H. 3384 -- Rep. Cromer: A BILL TO AMEND SECTION 61-3-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTANCE FROM A CHURCH, SCHOOL, OR PLAYGROUND REQUIRED FOR A PLACE OF BUSINESS TO BE LICENSED TO SELL ALCOHOLIC LIQUORS, SO AS TO REQUIRE A MINIMUM FIVE HUNDRED FEET REGARDLESS OF LOCATION, TO REQUIRE THE DISTANCE TO BE MEASURED TO THE NEAREST PROPERTY LINE OF THE CHURCH, SCHOOL, OR PLAYGROUND, AND TO EXEMPT FROM THE REQUIREMENT RENEWAL OF LICENSES OF ESTABLISHMENTS OR LOCATIONS LICENSED AS OF JULY 1, 1995.

Referred to Committee on Labor, Commerce and Industry.

H. 3385 -- Rep. Kirsh: A BILL TO AMEND SECTION 20-7-472, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUITABLE APPORTIONMENT OF MARITAL PROPERTY, SO AS TO PROVIDE THAT NO ORDER FOR DIVORCE A VINCULO MATRIMONII MAY BE ISSUED BEFORE THE RESOLUTION AND DISTRIBUTION OF ALL CLAIMS FOR EQUITABLE APPORTIONMENT OF MARITAL PROPERTY.

Referred to Committee on Judiciary.

H. 3386 -- Rep. Kirsh: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT NO ORDER MAY PROHIBIT A CUSTODIAL PARENT FROM MOVING WITHIN OR OUTSIDE OF THE STATE.

Referred to Committee on Judiciary.

H. 3387 -- Rep. Felder: A BILL TO REPEAL SECTIONS 38-77-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE LAW AND THE SOUTH CAROLINA


Printed Page 543 . . . . . Wednesday, January 25, 1995

REINSURANCE FACILITY RECOUPMENT CHARGE, 38-77-605, RELATING TO THE REQUIREMENT THAT THE REINSURANCE FACILITY RECOUPMENT CHARGE BE DISPLAYED ON PREMIUM NOTICES OR BILLS, 38-77-610, RELATING TO THE FILING OF RECOUPMENT CHARGES, 38-77-620, RELATING TO THE REQUIREMENT FOR THE INCLUSION OF RECOUPMENT CHARGES IN CERTAIN RATES FOR AUTOMOBILE INSURERS, AND 38-77-625, RELATING TO THE PROVISION OF LAW THAT IF AN INSURED IS INVOLVED IN A MOTOR VEHICLE ACCIDENT WHERE HE IS NOT THE AT-FAULT DRIVER, HIS FACILITY RECOUPMENT CHARGE MAY NOT BE INCREASED BY HIS INSURER BECAUSE OF THIS OCCURRENCE.

Referred to Committee on Labor, Commerce and Industry.

H. 3388 -- Reps. Richardson, Jaskwhich, Herdklotz, Rogers, Stille, Waldrop, Wright and Stuart: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 40 SO AS TO ENACT THE "SOUTH CAROLINA CHARTER SCHOOLS ACT OF 1995" INCLUDING PROVISIONS WHICH PROVIDE FOR THE MANNER IN WHICH CHARTER SCHOOLS ARE ESTABLISHED, FUNDED, AND OPERATED.

Referred to Committee on Education and Public Works.

H. 3389 -- Reps. Phillips, McCraw, Gamble, Hodges and McTeer: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST COMMITTING A STATUS OFFENDER TO THE CUSTODY OF A CORRECTIONAL INSTITUTION OR SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT SUCH COMMITMENT MAY BE MADE TO A SECURE EVALUATION CENTER FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS.

Referred to Committee on Judiciary.

S. 385 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 19, 1994, MISSED BY THE STUDENTS OF SCHOOLS IN THE OCONEE COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER CONTAMINATION BROUGHT ABOUT BY HEAVY RAINS


Printed Page 544 . . . . . Wednesday, January 25, 1995

AND FLOODING OF THE WATER SUPPLY, AS DECLARED BY THE DEPARTMENT OF ENVIRONMENTAL CONTROL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

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

H. 3390 -- Reps. Davenport and Walker: A CONCURRENT RESOLUTION TO RECOGNIZE GRAHAM KYLE EASLER OF SPARTANBURG COUNTY FOR HIS OUTSTANDING 1994 FOOTBALL SEASON AT BOILING SPRINGS HIGH SCHOOL.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3391 -- Rep. Davenport: A CONCURRENT RESOLUTION TO EXPRESS THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MS. HOLLY KRISTINA CRAIN OF INMAN AND TO EXTEND SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

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

H. 3392 -- Rep. Townsend: A CONCURRENT RESOLUTION TO RECOGNIZE THE EFFORTS BEING MADE TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR THE STUDENTS IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND TO DECLARE TUESDAY, JANUARY 31, 1995, AS "CHILDREN FIRST DAY" IN THIS STATE.

Whereas, the Constitution of this State declares that it is the


Printed Page 545 . . . . . Wednesday, January 25, 1995

responsibility of the State to provide a system of free public schools; and

Whereas, over six hundred thousand students attend the public schools in South Carolina; and

Whereas, South Carolina's future could be irreparably harmed if today's students are not trained to compete in the changing, global economy of the twenty-first century; and

Whereas, South Carolina's education system is committed to reaching the National Education Goals by the year 2000. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, recognize the efforts being made to provide educational opportunities for the students in South Carolina's public school system and declare Tuesday, January 31, 1995, as "Children First Day" in this State.

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

ROLL CALL

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

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Brown, T.
Byrd             Cain             Canty
Carnell          Cato             Cave
Chamblee         Clyburn          Cobb-Hunter
Cooper           Cotty            Cromer
Dantzler         Davenport        Delleney
Easterday        Elliott          Fair
Felder           Fleming          Fulmer
Gamble           Govan            Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Herdklotz        Hines            Hodges
Howard           Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon


Printed Page 546 . . . . . Wednesday, January 25, 1995

Lanford          Law              Limbaugh
Limehouse        Littlejohn       Lloyd
Marchbanks       Martin           Mason
McAbee           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          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stuart           Thomas           Townsend
Tripp            Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Whatley          Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence due to being in Federal Court.

S. 381--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.

Rep. HARRELL proposed the following Amendment No. 1, which was adopted.

Amend the bill by inserting after the words "ensuing general election" the words


Printed Page 547 . . . . . Wednesday, January 25, 1995

\ and/or next ensuing countywide election \

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

SENT TO THE SENATE

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

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO


Printed Page 548 . . . . . Wednesday, January 25, 1995

AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

H. 3331 -- Rep. Kirsh: A BILL TO REPEAL SECTION 40-60-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERMINATION DATE OF THE SOUTH CAROLINA REAL ESTATE APPRAISERS BOARD.

H. 3140--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the following Bill until Wednesday, February 1, which was adopted.

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.

H. 3281--REJECTED

The following Joint Resolution was taken up.

H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL


Printed Page 549 . . . . . Wednesday, January 25, 1995

OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

ACTING SPEAKER FELDER IN CHAIR

Rep. WILKINS explained the Joint Resolution.

SPEAKER IN CHAIR

Reps. JENNINGS and ROGERS spoke upon the Joint Resolution.

Rep. HARWELL spoke in favor of the Joint Resolution.

Rep. McELVEEN spoke upon the Joint Resolution.

Rep. SHEHEEN spoke upon the Joint Resolution.

Rep. HUFF spoke in favor of the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 72; Nays 22

Those who voted in the affirmative are:

Allison          Bailey           Brown, H.
Brown, J.        Cain             Cato
Chamblee         Cooper           Cotty
Cromer           Dantzler         Davenport
Easterday        Elliott          Fair
Felder           Fleming          Fulmer
Gamble           Hallman          Harrell
Harris, J.       Harwell          Herdklotz
Huff             Hutson           Jaskwhich
Keegan           Kelley           Keyserling
Kinon            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McKay
Meacham          Quinn            Rice
Richardson       Riser            Robinson
Sandifer         Seithel          Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Stuart           Thomas
Townsend         Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--72


| Printed Page 530, Jan. 25 | Printed Page 550, Jan. 25 |

Page Finder Index