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 660, Feb. 1 | Printed Page 680, Feb. 2 |

Printed Page 670 . . . . . Wednesday, February 1, 1995

Reps. J. YOUNG, NEAL and G. BROWN spoke in favor of the amendment.

Rep. H. BROWN moved to table the amendment.

Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 51

Those who voted in the affirmative are:

Allison          Bailey           Brown, H.
Cain             Carnell          Cato
Chamblee         Cooper           Cotty
Dantzler         Davenport        Easterday
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harrison         Haskins
Herdklotz        Keegan           Kelley
Klauber          Knotts           Koon
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       McAbee
McKay            Meacham          Rhoad
Rice             Riser            Robinson
Sandifer         Seithel          Sharpe
Simrill          Smith, R.        Stille
Stuart           Townsend         Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Wilkins          Williams         Witherspoon
Wofford          Wright           Young, A.

Total--60

Those who voted in the negative are:

Anderson         Askins           Baxley
Breeland         Brown, G.        Brown, T.
Byrd             Cave             Clyburn
Cromer           Delleney         Govan
Harris, J.       Harvin           Harwell
Hines            Hodges           Howard
Hutson           Inabinett        Jennings
Kennedy          Keyserling       Kinon


Printed Page 671 . . . . . Wednesday, February 1, 1995

Kirsh            Lloyd            Martin
McCraw           McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Richardson
Rogers           Scott            Sheheen
Shissias         Smith, D.        Spearman
Stoddard         Thomas           Tripp
Whipper, L.      Whipper, S.      White
Wilder           Worley           Young, J.

Total--51

So, the amendment was tabled.

The Joint Resolution was then read the second time and ordered to third reading.

RECORD FOR JOURNAL

I voted "No" on the Supplemental Appropriations Bill. It is not the right time, in my opinion, to appropriate some monies which we, just days ago, identified as unnecessary by sustaining the Governor's vetoes. Additionally, while some capitol renovations are necessary, $17,000,000.00 appropriated to this sole purpose is not the most fiscally prudent thing to do for the taxpayers at this time.

Rep. JAMES L.M. CROMER, JR.

RECORD FOR JOURNAL

H. 3361, the Joint Resolution to make supplemental appropriations from fiscal year 1993-1994 surplus revenues, passed the House on a voice vote.

If we had taken a roll call vote on passage as proposed, I would have voted against the resolution. A number of the purposes set forth therein are either unnecessary or grossly inflated, while several others have limited merit.

Our voters have asked for a new day with less government and taxes. To begin by spending all the $38,787,632 surplus is to continue doing business the wrong way in my view.

Respectfully,

Rep. WILLIAM F. COTTY


Printed Page 672 . . . . . Wednesday, February 1, 1995

H. 3449--RECALLED FROM THE COMMITTEE ON

LABOR, COMMERCE AND INDUSTRY

On motion of Rep. THOMAS, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

H. 3449 -- Reps. Law, H. Brown, Wofford, Dantzler, Williams, A. Young and Hutson: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, THE PROVIDING OF ELECTRIC SERVICE, AND THE SERVICE AREA OF THE AUTHORITY, SO AS TO FURTHER DESCRIBE THE AREA IN BERKELEY COUNTY WHICH IS NOT INCLUDED IN THE AUTHORITY'S PRESENT SERVICE AREA.

Rep. SCOTT moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3137 -- Reps. Inabinett, Walker, Vaughn, Simrill, Meacham, Stille, Hines, Robinson, Baxley, Lloyd and Stuart: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 4, 1995) AS "LEGISLATIVE FAMILY DAY 1995" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1995".

H. 3411 -- Reps. Hines, Harwell, Askins, McKay, Limbaugh, Allison, Anderson, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble,


Printed Page 673 . . . . . Wednesday, February 1, 1995

Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM S. HOUCK, JR., M.D. OF FLORENCE COUNTY FOR HIS FOUR YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY, AND WISHING HIM HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.

H. 3412 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING WILLIAM T. (BILL) MANSON, III, OF ANDERSON COUNTY ON RECEIVING THE EARLY CAREER HEALTHCARE EXECUTIVE OF THE YEAR AWARD FOR SOUTH CAROLINA.

H. 3430 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING D. KIRK OGLESBY, JR., OF ANDERSON COUNTY ON BECOMING CHAIRMAN OF THE SOUTH CAROLINA HOSPITAL ASSOCIATION.

H. 3431 -- Reps. Scott, Neal, J. Brown, Rogers, Cotty, Howard, Shissias, Harrison, Byrd, Quinn, Cromer, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser,


Printed Page 674 . . . . . Wednesday, February 1, 1995

Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION CONGRATULATING MS. MABLE SCOTT OF RICHLAND COUNTY FOR TWENTY YEARS OF SERVICE IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND ON BEING NAMED HYATT PARK ELEMENTARY SCHOOL'S 1994 TEACHER OF THE YEAR.

ADJOURNMENT

At 6:00 P.M. the House in accordance with the motion of Rep. COTTY adjourned in memory of J. Don Watson, Jr., of Elgin, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 675 . . . . . Thursday, February 2, 1995

Thursday, February 2, 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:

Almighty God and Father, it is Your love that constrains us and our many needs that compel us to come to You in prayer. May there be nothing in today's activities of which we shall be ashamed when the sun is set at eventide. Grant that life's problems and perplexities, difficulties and disappointments, may never eclipse our faith, lest the vision of Your presence fade from our minds, leaving us to wander and walk in darkness. Forbid that we should travel on a lower level when You are calling us to take the lofty way.

Thank You, Lord, for this privilege of prayer. 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. SIMRILL moved that when the House adjourns, it adjourn in memory of Ruth Schwab of Rock Hill, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3212 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED


Printed Page 676 . . . . . Thursday, February 2, 1995

DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

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

H. 3457 -- Reps. McAbee, Allison, Askins, Baxley, Breeland, G. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Clyburn, Cobb-Hunter, Cotty, Cromer, Davenport, Easterday, Fleming, Fulmer, Govan, Hallman, J. Harris, Harrison, Herdklotz, Hines, Howard, Inabinett, Keegan, Keyserling, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Littlejohn, Lloyd, Mason, McCraw, McKay, Moody-Lawrence, Neilson, Rhoad, Rice, Riser, Robinson, Sandifer, Sheheen, Simrill, R. Smith, Spearman, Stille, Stuart, Townsend, Tripp, Vaughn, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Witherspoon, Wofford, Wright, A. Young and J. Young: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 14, 1995.

Be it resolved by the House of Representatives:

That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 14, 1995.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3458 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to a current population of 139,000 people; and

Whereas, the total property value has doubled in York County over the last seven years, and the total estimated valuation rose to a record amount last year exceeding 187 million dollars; and


Printed Page 677 . . . . . Thursday, February 2, 1995

Whereas, gross retail sales in York County have nearly doubled since 1986, and increased over twenty-one percent during the past two years to an estimated 2 billion dollars last year; and

Whereas, a total of seven new companies, some nationally known, announced plans to locate to York County in 1995, providing a total investment of 20.5 million dollars; and eight existing industries expanded last year for a total investment of 19 million dollars; and

Whereas, a total of 1,318 new jobs were created in York County last year; and

Whereas, the total number of hotel rooms available for travel and tourism in York County increased over twenty-seven percent last year, and accommodation tax collections have increased over seventeen percent from last year. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments by declaring February 28, 1995, "York County Day".

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

INTRODUCTION OF BILLS

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

H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.

Referred to Committee on Judiciary.


Printed Page 678 . . . . . Thursday, February 2, 1995

H. 3460 -- Reps. Shissias, Kirsh, Cotty, Thomas and Richardson: A BILL TO AMEND SECTION 8-21-770, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION AND COLLECTION OF FEES AND COSTS IN ESTATE AND CONSERVATORSHIP PROCEEDINGS IN THE PROBATE COURT, SO TO REVISE THE MANNER IN WHICH THESE FEES SHALL BE DETERMINED THEREBY REDUCING THESE FEES, TO PROVIDE THAT THE ABOVE PROVISIONS ARE RETROACTIVE TO AUGUST 15, 1994, AND TO PROVIDE FOR A REFUND OF THE DIFFERENCE BETWEEN THE FEES PAID AT THE HIGHER LEVEL FROM AUGUST 15, 1994, TO THE EFFECTIVE DATE OF THIS ACT AND THE FEES THAT ARE TO BE PAID PURSUANT TO THE ABOVE PROVISIONS.

Referred to Committee on Judiciary.

H. 3461 -- Reps. Lloyd, Inabinett, White, McTeer, Cave, Neal, Byrd, T. Brown and Hines: A BILL TO AMEND ARTICLE 3, CHAPTER 11, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-215 SO AS TO PROVIDE THAT A CANDIDATE WHO EXECUTES A CANDIDACY PLEDGE WITH A POLITICAL PARTY FOR PURPOSES OF OFFERING FOR ELECTION AS PROVIDED IN SECTION 7-11-210 FROM CHANGING HIS POLITICAL PARTY AFFILIATION DURING THE TERM OF THE OFFICE FOR WHICH HE IS ELECTED AND OFFERING FOR ANOTHER OFFICE; PROVIDE THAT A PERSON IS DEEMED TO HAVE VACATED HIS OFFICE IF HE VIOLATES THIS SECTION, EXCEPT UPON THE FILING FOR REELECTION.

Referred to Committee on Judiciary.

H. 3462 -- Reps. Fair and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-77 SO AS TO PERMIT THE TEACHING OF BIOLOGICAL ORIGINS OTHER THAN THROUGH MACROEVOLUTION.

Referred to Committee on Education and Public Works.

H. 3463 -- Reps. Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROHIBIT A PERSON FROM SERVING ON A LOCAL FOSTER CARE REVIEW BOARD IF THE PERSON IS THE SUBJECT OF A


Printed Page 679 . . . . . Thursday, February 2, 1995

REPORT OF CHILD ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES; TO REQUIRE THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN TO OBTAIN RECORD CHECKS FROM THE DEPARTMENT OF SOCIAL SERVICES AND SLED, TO CERTIFY ELIGIBILITY TO SERVE ON LOCAL BOARDS, AND TO EXEMPT THE DIVISION FROM FEES FOR DEPARTMENT OF SOCIAL SERVICES RECORD CHECKS; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION FOR THE REVIEW OF FOSTER CARE OF CHILDREN ACCESS TO INFORMATION TO CERTIFY THAT NOMINEES TO AND MEMBERS OF LOCAL FOSTER CARE REVIEW BOARDS ARE ELIGIBLE TO SERVE.

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

H. 3464 -- Reps. Fair, Kelley, McElveen, Koon, J. Young and Riser: A BILL TO AMEND CHAPTER 32, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, BY ADDING SECTION 59-32-1 SO AS TO ADD THE PURPOSE OF THE PROGRAM; AND TO AMEND SECTION 59-32-60, RELATING TO COMPLIANCE WITH CHAPTER 32, SO AS TO PROVIDE FOR ADDITIONAL DUTIES OF THE STATE DEPARTMENT OF EDUCATION.

Referred to Committee on Education and Public Works.

H. 3465 -- Reps. Fair, McElveen, Koon, Wofford, Kelley and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-444 SO AS TO PERMIT LOCAL SCHOOL BOARDS OF TRUSTEES TO ALLOW THE READING OR POSTING OF CERTAIN WRITINGS, DOCUMENTS, AND RECORDS IN THE PUBLIC SCHOOLS OF THE DISTRICT WITHOUT CONTENT-BASED CENSORSHIP THEREOF.

Referred to Committee on Education and Public Works.

H. 3466 -- Reps. Fair, Kelley, Koon, Wofford and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 59-29-250 AND 59-29-260 SO AS TO PROHIBIT THE USE OF NEW AGE RELIGIOUS AND OCCULT PHILOSOPHIES


Printed Page 680 . . . . . Thursday, February 2, 1995

AND METHODS OF INSTRUCTION IN THE PUBLIC SCHOOLS AND TO PROVIDE PENALTIES.

Referred to Committee on Education and Public Works.


| Printed Page 660, Feb. 1 | Printed Page 680, Feb. 2 |

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