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 720, Feb. 2 | Printed Page 740, Feb. 7 |


Printed Page 730 . . . . . Tuesday, February 7, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 3499 -- Rep. Wright: A CONCURRENT RESOLUTION TO COMMEND ADRIAN MCILWAIN, A SENIOR AT IRMO HIGH SCHOOL, FOR HIS RECENT COURAGEOUS ACTIONS IN PREVENTING AN ACCIDENT AND SAVING OTHERS FROM INJURY OR DEATH ON ST. ANDREWS ROAD.

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

CONCURRENT RESOLUTION

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

S. 448 -- Senators Hayes, Peeler, Gregory and Short: 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

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,


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

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

Be it further resolved that a copy of this resolution be forwarded to each of the six Chambers of Commerce in York County.

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

INTRODUCTION OF BILLS

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

H. 3500 -- Reps. Limehouse, A. Young, Wofford, Hallman, Bailey, Tripp, Koon, Simrill, Kirsh, Seithel, Fulmer, Stuart, J. Harris, Rice, Cooper, Harrell, Witherspoon, Wilkes, Stille, Dantzler, Whatley, Davenport, Cato, Mason, Allison, J. Young, Fleming, Kennedy and Cotty: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FOR CONVICTION OF DRIVING UNDER SUSPENSION OR DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE FOR FORFEITURE OF A VEHICLE UPON A SECOND OR SUBSEQUENT, RATHER THAN A FOURTH OR SUBSEQUENT, VIOLATION OF DRIVING WITH A SUSPENDED DRIVER'S LICENSE.

Referred to Committee on Judiciary.

H. 3501 -- Reps. J. Brown, Davenport, Bailey, Littlejohn, Beatty and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

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


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H. 3502 -- Reps. Jaskwhich, Herdklotz, Simrill, Littlejohn, Cain, Tripp, Waldrop, Huff, Trotter, Vaughn, Haskins, Marchbanks, Cato, Easterday, Wells, Davenport, Fleming, Rice and Fair: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.

Referred to Committee on Judiciary.

H. 3503 -- Reps. Sharpe, Jaskwhich, Littlejohn, Haskins, Mason, Felder, Rice, Tripp, Huff, Witherspoon, S. Whipper, Davenport and Wells: A BILL TO AMEND SECTION 4-9-1220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF ELECTORS TO PETITION FOR THE REPEAL OF CERTAIN ORDINANCES OF A COUNTY, SO AS TO CHANGE THE LENGTH OF TIME AFTER THE ENACTMENT OF THE ORDINANCE A PETITION MUST BE FILED, AND REVISE THE SIGNATURES REQUIRED FOR THE PETITION.

Referred to Committee on Judiciary.

H. 3504 -- Reps. Delleney, Felder, Mason, Martin, Harrison, Elliott, Seithel, Hodges, Witherspoon, Jaskwhich, Limbaugh, Cain, Vaughn, Herdklotz, Fair, Rice, McCraw, Huff, Quinn, Haskins, Wilkins, Sheheen, Phillips, Wells and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-112 SO AS TO PROVIDE THAT IN DETERMINING INDIGENCY FOR THE PURPOSE OF APPOINTING LEGAL COUNSEL FOR A CHILD IN A DELINQUENCY PROCEEDING, THE COURT MUST DETERMINE THE PARENTS' ABILITY TO RETAIN COUNSEL FOR THE CHILD AND TO REQUIRE THE PARENTS TO REIMBURSE THE INDIGENT DEFENSE FUND IF COUNSEL IS APPOINTED FOR THE CHILD.

Referred to Committee on Judiciary.

H. 3505 -- Education and Public Works Committee: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF


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SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

Without reference.

H. 3506 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DISTRICT AND SCHOOL COMPREHENSIVE PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3509 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BASIC SKILLS ASSESSMENT PROGRAM - WRITING TEST: MINIMUM STANDARDS OF STUDENT ACHIEVEMENT; SCORING CRITERIA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1753, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.


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H. 3510 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, GRADES 9-12, PROVISIONS FOR GRANTING HIGH SCHOOL CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1754, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3511 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COASTAL CAROLINA UNIVERSITY, RELATING TO PARKING AND TRAFFIC ON THE CAMPUS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1794, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3513 -- Reps. Wilder, G. Brown, Waldrop, Baxley, Phillips, Haskins and Wright: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360 RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.

Referred to Committee on Judiciary.

H. 3514 -- Reps. Wilder, Waldrop, Keyserling, McCraw, Sheheen, J. Harris, Phillips and Wright: A BILL TO AMEND SECTION 30-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING


Printed Page 735 . . . . . Tuesday, February 7, 1995

TO THE RECORDATION OF PLATS OR COPIES OF PLATS OF REAL PROPERTY, SO AS TO REQUIRE THE FILING AND RECORDING OF ALL PLATS REFERENCED IN A DEED, MORTGAGE, OR OTHER INSTRUMENT CONVEYING AN INTEREST IN, OR CREATING A LIEN ON, REAL PROPERTY.

Referred to Committee on Judiciary.

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.

Referred to Committee on Judiciary.

H. 3516 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-107 SO AS TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 2-1-100 A MEMBER OF THE GENERAL ASSEMBLY WHO OFFERS FOR ANY OFFICE FILLED BY AN ELECTION OF THE GENERAL ASSEMBLY MUST EITHER RESIGN HIS SEAT OR WITHDRAW HIS APPLICATION FOR THE OFFICE WITHIN TWENTY-FOUR HOURS OF THE PUBLICATION OF THE SCREENING COMMITTEE REPORT IN THE JOURNAL OF THE HOUSE OF REPRESENTATIVES OR IN THE JOURNAL OF THE SENATE, WHICHEVER IS EARLIER, AND TO PROVIDE THAT HIS FAILURE TO MAKE AN ELECTION WITHIN THE TWENTY-FOUR HOUR PERIOD IS DEEMED A WITHDRAWAL OF THE APPLICATION FOR THE OFFICE SOUGHT, PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM SOLICITING THE VOTE OF ANOTHER MEMBER DURING THE PERIOD BETWEEN THE NOTIFICATION TO THE CANDIDATE OF THE SCREENING COMMITTEE REPORT AND HIS DECISION TO EITHER SEEK THE OFFICE OR REMAIN IN THE GENERAL ASSEMBLY; AND REPEAL SECTIONS 1-23-525 AND 58-3-24, RELATING TO MEMBERS OF THE GENERAL ASSEMBLY BEING PROHIBITED TO BE ELECTED TO AN ADMINISTRATIVE LAW JUDGE POSITION OR TO THE


Printed Page 736 . . . . . Tuesday, February 7, 1995

PUBLIC SERVICE COMMISSION WHILE A MEMBER OF THE GENERAL ASSEMBLY AND FOR A PERIOD OF FOUR YEARS AFTER HE CEASES TO BE A MEMBER OF THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.

On motion of Rep. HODGES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3518 -- Rep. Richardson: A BILL TO AMEND SECTION 38-31-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO CHANGE THE DEFINITION OF "COVERED CLAIM"; AND TO AMEND SECTION 38-31-100, RELATING TO THE SAME ACT, THE REQUIREMENT THAT CLAIMANTS EXHAUST RIGHTS UNDER OTHER POLICIES, AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO DELETE CERTAIN


Printed Page 737 . . . . . Tuesday, February 7, 1995

LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ANY RECOVERY UNDER THIS ACT MUST BE REDUCED BY THE STATUTORY CAP APPLICABLE TO THE OTHER INSURANCE GUARANTY ASSOCIATION OR ITS EQUIVALENT.

Referred to Committee on Labor, Commerce and Industry.

S. 45 -- Senator Greg Smith: A BILL TO AMEND SECTION 54-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY PROVIDING THAT BEGINNING FEBRUARY 1, 1995, AT THE EXPIRATION OF THE TERMS OF THE MEMBERS OF THE GEORGETOWN PILOTAGE COMMISSION, THE TERMS OF THE COMMISSIONERS ELECTED INITIALLY THEREAFTER SHALL BE STAGGERED, TWO SHALL SERVE FOR THREE YEARS, TWO SHALL SERVE FOR TWO YEARS, AND TWO SHALL SERVE FOR ONE YEAR. PROVIDED, HOWEVER, THAT AT THE EXPIRATION OF THESE TERMS, COMMISSIONERS SHALL BE ELECTED TO TWO-YEAR TERMS.

Referred to Committee on Education and Public Works.

S. 312 -- Senator Alexander: A BILL TO AMEND SECTION 39-15-1105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADEMARKS AND SERVICE MARKS, SO AS TO INCLUDE IN THE DEFINITION OF "TRADEMARK" THE SYMBOL OF THE INTERNATIONAL OLYMPIC COMMITTEE, THE EMBLEM OF THE UNITED STATES OLYMPIC COMMITTEE, AND RELATED ITEMS AND MATTERS.

Referred to Committee on Labor, Commerce and Industry.

S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS A REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.

On motion of Rep. WILDER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.


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CONCURRENT RESOLUTION

The following was introduced:

H. 3519 -- Reps. Carnell, McAbee, Klauber and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY ON WINNING THE 1994 NCAA DIVISION II NATIONAL CHAMPIONSHIP, AS WELL AS THE NATIONAL DOUBLES TITLE.

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

HOUSE RESOLUTION

The following was introduced:

H. 3520 -- Rep. Marchbanks: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE PRESIDENT-DESIGNATE OF CLEMSON UNIVERSITY, CONSTANTINE W. CURRIS, ON THURSDAY, FEBRUARY 9, 1995, FOR THE PURPOSE OF BEING INTRODUCED AND RECOGNIZED.

The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 3521 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE HONORABLE LILLIAN BROCK FLEMMING OF GREENVILLE COUNTY FOR HER MANY YEARS OF DEDICATED SERVICE TO THE GREENVILLE COUNTY SCHOOLS, THE CITY OF GREENVILLE, AND THE WHOLE COMMUNITY.

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
Breeland         Brown, H.        Brown, J.


Printed Page 739 . . . . . Tuesday, February 7, 1995

Brown, T.        Byrd             Cain
Carnell          Cato             Cave
Chamblee         Clyburn          Cobb-Hunter
Cooper           Cotty            Cromer
Dantzler         Davenport        Delleney
Easterday        Elliott          Fair
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Harwell          Haskins          Herdklotz
Hines            Hodges           Howard
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Mason
McAbee           McCraw           McElveen
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         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          Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Wilkins
Williams         Witherspoon      Wofford
Wright           Young, A.        Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 7.

William D. Boan          Harold G. Worley
Richard M. Quinn, Jr.    John G. Felder


| Printed Page 720, Feb. 2 | Printed Page 740, Feb. 7 |

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