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 580, Jan. 27 | Printed Page 600, Jan. 31 |

Printed Page 590 . . . . . Tuesday, January 31, 1995

ROLL CALL

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

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


Printed Page 591 . . . . . Tuesday, January 31, 1995

Littlejohn       Lloyd            Marchbanks
Mason            McAbee           McCraw
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           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.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, January 31. James L.M. Cromer, Jr. Jerry N. Govan, Jr. William Clyburn Larry L. Elliott Grady A. Brown Joseph T. McElveen, Jr. Eugene C. Stoddard

Total Present--120

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, January 31.

Rep. B. HICKS HARWELL

STATEMENT FOR JOURNAL

I was unable to answer roll call, because my key malfunctioned.

Rep. WILLIAM CLYBURN


Printed Page 592 . . . . . Tuesday, January 31, 1995

LEAVE OF ABSENCE

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

MOTION ADOPTED

Rep. H. BROWN moved that H. 3361, the Supplemental Appropriations Bill, be set for Special Order upon the completion of the uncontested Calendar on Wednesday, February 1, which was adopted.

SENT TO THE SENATE

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

H. 3366 -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, Delleney and McCraw: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY AND TO ABOLISH THE YORK COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF YORK COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

H. 3205--INTERRUPTED DEBATE

The following Bill was taken up.

H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

Rep. KNOTTS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7123CM.95), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:


Printed Page 593 . . . . . Tuesday, January 31, 1995

/Section ___. (A) The Lexington County Delegation shall appoint an education advisory committee selected from Lexington high school areas. The committee must be appointed by individual delegation members from within high school areas as follows:

(1) Brookland Cayce HD 89;

(2) Airport HD 88;

(3) Swansea SD 28;

(4) Pelion HD 96;

(5) Gilbert SD 24;

(6) Lexington SD 23;

(7) Bates/Leesville HD 39;

(8) Chapin SD 18;

(9) Irmo HD 85;

(10) Dutch Fork HD 69.
(B) The committee shall meet for the purpose of receiving public input from all areas of Lexington County in an attempt to put together a written proposal or recommendations, or both, regarding needed improvements in the education system of the Lexington County school districts, aimed at improving the education system. The committee shall elect a chairman to preside at committee meetings. The committee may look into all matters relating to equal representation of all areas of the county, including district lines, and overcrowding. The chairman, or his designee on the education advisory committee, shall provide oral monthly briefings to the delegation at each scheduled monthly delegation meeting. The chairman, through this committee, is responsible for providing a written proposal with recommendations and findings of the committee to the entire delegation at the regularly scheduled public delegation meeting in March, 1996. All recommendations, findings, or proposals of the education committee must be received by the delegation as advisory opinions with no binding authority./

Renumber sections to conform.

Amend title to conform.

Rep. KNOTTS explained the amendment.

POINT OF ORDER

Rep. KOON 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 day.

The SPEAKER overruled the Point of Order.


Printed Page 594 . . . . . Tuesday, January 31, 1995

POINT OF ORDER

Rep. STUART raised the Point of Order that Amendment No. 1 was out of order as it was not germane in that the amendment dealt with a study committee and the Bill dealt with the election of School Board members.

The SPEAKER stated that the Bill dealt with the election of the Lexington School District 1 School Board.

Rep. STUART further stated that the Bill dealt with the election of the Lexington 1 School Board and the amendment dealt with looking into an advisory committee.

The SPEAKER stated that the amendment did deal with an Education Advisory Committee.

Rep. KNOTTS stated that the amendment gave the committee a vehicle to get out and find out if there is a problem with the way the School Board trustees are elected which had not been done in a Bill previously. He further stated that the amendment allowed time to sit down and study the composition of the district and figure out if there is a reason to change the way they are elected.

The SPEAKER stated that the amendment established a Committee for receiving public input aimed at improving the education system but it did not have a direct reference to the School Board itself even though it did refer to district lines, overcrowding and equal representation.

Rep. KNOTTS stated that the district line portion was what he was dealing with in the study committee and that would make it germane.

Rep. WRIGHT stated because of the listing of the five high schools that are totally within District 1 that it would indicate that it was not beyond School District 1.

The SPEAKER stated that the Bill applied to the elections of the Board of Trustees for Lexington County School District 1 and the amendment did not relate to that in any manner and he sustained the Point of Order and ruled the Amendment out of order.

Further proceedings were interrupted by expiration of time on the local uncontested Calendar, the pending question being consideration of amendments.


Printed Page 595 . . . . . Tuesday, January 31, 1995

H. 3361--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

POINT OF ORDER

Rep. HUFF made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for three legislative days.

The SPEAKER sustained the Point of Order.

H. 3096--POINT OF ORDER

The following Bill was taken up.

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

POINT OF ORDER

Rep. HARRISON 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. 3107--POINT OF ORDER

The following Bill was taken up.

H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR


Printed Page 596 . . . . . Tuesday, January 31, 1995

MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

POINT OF ORDER

Rep. HARRISON 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. 3132--POINT OF ORDER

The following Bill was taken up.

H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.

POINT OF ORDER

Rep. HARRISON 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. 3164--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3164 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Baxley, Lloyd and Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL


Printed Page 597 . . . . . Tuesday, January 31, 1995

ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

POINT OF ORDER

Rep. HARRISON made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 3165--POINT OF ORDER

The following Bill was taken up.

H. 3165 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Klauber, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Hines, Stuart, Baxley, Clyburn, Lloyd and Cotty: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.


Printed Page 598 . . . . . Tuesday, January 31, 1995

POINT OF ORDER

Rep. HARRISON 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. 3060--POINT OF ORDER

The following Bill was taken up.

H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.

POINT OF ORDER

Rep. HARRISON 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. 3116--POINT OF ORDER

The following Bill was taken up.

H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.


Printed Page 599 . . . . . Tuesday, January 31, 1995

POINT OF ORDER

Rep. SHARPE 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. 3143--POINT OF ORDER

The following Bill was taken up.

H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

POINT OF ORDER

Rep. D. SMITH 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. 3199--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

POINT OF ORDER

Rep. WITHERSPOON made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.



| Printed Page 580, Jan. 27 | Printed Page 600, Jan. 31 |

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