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 740, Feb. 7 | Printed Page 760, Feb. 8 |

Printed Page 750 . . . . . Tuesday, February 7, 1995
The Medical, Military, Public & Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5352HTC.95), which was adopted.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The Department of Health and Environmental Control shall study whether there is a need for specific licensing criteria for facilities which provide care units for Alzheimer's patients and other specialized programs for individuals with Alzheimer's and other related disorders. In conducting this study the department shall consult with the Alzheimer's Disease and Related Disorders Resource Coordination Center, Division on Aging, Office of the Governor and with representatives of homes for the aging and the nursing home industry. The department shall submit a report including its findings and recommendations to the Joint Legislative Committee on Aging before January 1, 1996.

SECTION 2. This joint resolution takes effect upon approval by the Governor./

Amend title to conform.

Rep. WILDER explained the amendment.

The amendment was then adopted.

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

H. 3281--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Joint Resolution until Wednesday, February 8, which was adopted.

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

Printed Page 751 . . . . . Tuesday, February 7, 1995
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 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.

H. 3341--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 3341 -- Reps. Fulmer, Hallman and Seithel: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.

Rep. FULMER moved to adjourn debate upon the Concurrent Resolution until Wednesday, February 8, which was adopted.

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

Printed Page 752 . . . . . Tuesday, February 7, 1995
RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

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".

H. 3488 -- Reps. McElveen, G. Brown, Canty, Neal and J. Young: A CONCURRENT RESOLUTION CONGRATULATING EDWARD S. ERVIN, III, OF SUMTER COUNTY ON THE HONOR BESTOWED UPON HIM BY FRANCIS MARION UNIVERSITY WHEREIN THE UNIVERSITY HAS NAMED ITS DINING HALL FOR HIM.

H. 3492 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE D. N. HOLT, JR., FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

H. 3494 -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ALEX CHATMAN OF WILLIAMSBURG COUNTY FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS CHAIRMAN OF THE WILLIAMSBURG COUNTY COUNCIL AND AS COUNTY SUPERVISOR.

H. 3495 -- Reps. McElveen, J. Young, G. Brown, Canty and Neal: A CONCURRENT RESOLUTION CONGRATULATING THE SUMTER COUNTY REGISTER OF MESNE CONVEYANCE DEPARTMENT ON BEING CHOSEN TO RECEIVE AN AWARD OF ACHIEVEMENT FROM THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY.

ADJOURNMENT

At 1:00 P.M. the House in accordance with the motion of Rep. TRIPP adjourned in memory of Thomas M. Verdin, Jr., of Mauldin, to meet at 2:00 P.M. tomorrow.

* * *

Printed Page 753 . . . . . Wednesday, February 8, 1995
Wednesday, February 8, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

We are aware, Father God, of our needs of Your help and guidance. Enable us, then, to tune our wills to Yours. We thank You for leading our forefathers in founding this great Country and for those whose wisdom, courage and sacrifice have kept it great. Help us as we combine our efforts as we work for the betterment of Your people both now and in the days to come. May Your truths and righteousness which no sword can pierce or no bomb can shatter be ever held high.

To You, O Lord, we render our praise and 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. J. YOUNG moved that when the House adjourns, it adjourn in memory of John B. "Red" Baker of Sumter, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3061 -- Reps. Vaughn, Cato, Witherspoon, Simrill, Walker, Allison, Meacham, Elliott, Moody-Lawrence, Baxley, Lloyd and Richardson: A BILL TO AMEND SECTION 51-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF STATE PARK FACILITIES FREE OF CHARGE BY AGED, BLIND, AND DISABLED PERSONS SO AS TO PROVIDE THAT THE FREE USE OF FACILITIES INCLUDES NO ADMISSION CHARGES.

Ordered for consideration tomorrow.

Printed Page 754 . . . . . Wednesday, February 8, 1995
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3073 -- Reps. Kirsh and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-19-25 SO AS TO PROVIDE FOR VOLUNTARY INSPECTION OF CERTAIN BIRDS BY THE LIVESTOCK-POULTRY HEALTH COMMISSION.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 414 -- Senator Peeler: A JOINT RESOLUTION EXTENDING THE EXPIRATION DATE FOR MOTOR CARRIER REGISTRATION CARDS AND IDENTIFICATION MARKERS FROM MARCH 31, 1995 TO DECEMBER 31, 1995 AS SPECIFIED IN SECTION 12-31-260 OF THE 1976 CODE AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER DURING THIS PERIOD.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3020 -- Reps. Vaughn, Meacham and Wells: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING A PUBLIC OR SCHOOL OFFICIAL, SO AS TO PROVIDE THAT THE THREAT MUST BE A RESULT OF THE DUTIES OR BUSINESS OF THE OFFICIAL AND NOT A RESULT OF ANY PRIVATE OR PERSONAL BUSINESS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3026 -- Reps. Meacham, Cato, Marchbanks, Simrill, Cromer, Vaughn, Law, Keyserling, Elliott, Stille, Moody-Lawrence, Kelley, Richardson, Gamble, Walker, Phillips, Sandifer, Spearman and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,

Printed Page 755 . . . . . Wednesday, February 8, 1995
1976, BY ADDING SECTION 1-3-245 SO AS TO PROVIDE THAT A MEMBER OF A STATE BOARD, COUNCIL, COMMISSION, OR COMMITTEE WHO HAS THREE CONSECUTIVE UNEXCUSED ABSENCES FROM MEETINGS IS CONSIDERED REMOVED FROM OFFICE AND A VACANCY IS CREATED AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO EX OFFICIO MEMBERS OR THEIR DESIGNEES.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3033 -- Reps. Simrill, Haskins, Cromer, Walker, Vaughn, D. Smith, Meacham, Moody-Lawrence, Sandifer, Rice, Cain, Mason, Lloyd and Clyburn: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO LOWER FROM SEVENTY-TWO TO SIXTY-FIVE THE AGE OF A PERSON WHO QUALIFIES TO VOTE BY ABSENTEE BALLOT.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.

Ordered for consideration tomorrow.

Printed Page 756 . . . . . Wednesday, February 8, 1995
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3268 -- Reps. Richardson, Vaughn, Harvin, Bailey, Cotty, Limbaugh, Chamblee, Wofford, A. Young, Shissias, Stuart, Lloyd, Sandifer, Thomas, Witherspoon, Wells, Keyserling, Walker and Harrison: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE THE MURDER OF A WITNESS OR POTENTIAL WITNESS IN A CRIMINAL TRIAL TO DETER PROSECUTION AS AN AGGRAVATING CIRCUMSTANCE IN CONSIDERATION OF IMPOSING THE DEATH PENALTY.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3271 -- Reps. Richardson, Vaughn, McKay, Harvin, Limbaugh, Lloyd, Bailey, Cain, Sandifer, Walker, Baxley, Chamblee, Wofford, A. Young, Shissias, Stuart, Dantzler, Thomas, Keyserling, Jennings, Wells, Tucker, Harrison and Spearman: A BILL TO AMEND SECTION 16-9-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF INTIMIDATING COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3091 -- Reps. Cromer, Keyserling, Kirsh, Knotts, and Shissias: A BILL TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC.

Ordered for consideration tomorrow.

Printed Page 757 . . . . . Wednesday, February 8, 1995
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3118 -- Reps. Shissias, Simrill, Cromer, Elliott, Meacham and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-216 SO AS TO LIMIT THE TERMS OF MEMBERS OF STATE BOARDS AND COMMISSIONS APPOINTED BY THE GOVERNOR OR ELECTED BY THE GENERAL ASSEMBLY AND PROVIDE FOR EXCEPTIONS TO AND THE OPERATION OF THE PROVISIONS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50

Printed Page 758 . . . . . Wednesday, February 8, 1995
AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

Ordered for consideration tomorrow.

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

H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

Ordered for consideration tomorrow.

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

H. 3189 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Jennings, Kelley, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT AFTER ALLOWANCES FOR OPERATING EXPENSES RATHER THAN ONLY SEVENTY-FIVE PERCENT OF THE FUNDS UNTIL FIVE MILLION DOLLARS ACCRUE; AND TO PROVIDE THAT ANY ASSETS HELD IN THE FUND UNDER THE FORMER PROVISIONS OF SECTION 43-21-180 MUST BE RELEASED AND DISBURSED IN ACCORDANCE WITH THIS SECTION.

Ordered for consideration tomorrow.

Printed Page 759 . . . . . Wednesday, February 8, 1995
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3190 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad, Shissias and Wilkes: A BILL TO AMEND SECTIONS 43-21-10 AND 43-21-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION ON AGING IN THE OFFICE OF THE GOVERNOR AND ITS ADVISORY COMMISSION SO AS TO CHANGE ITS NAME TO THE ADVISORY COUNCIL AND REVISE ITS COMPOSITION AND TO PROVIDE FOR NOMINATIONS TO BE MADE FROM WHICH THE GOVERNOR SHALL MAKE THE APPOINTMENTS WITH THE ADVICE AND CONSENT OF THE SENATE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3522 -- Reps. Wells, Allison, Beatty, Lanford, Walker, Wilder, Vaughn, Davenport, Littlejohn and D. Smith: A CONCURRENT RESOLUTION COMMENDING DR. G. B. HODGE OF SPARTANBURG COUNTY FOR HIS MANY YEARS OF DEDICATED AND OUTSTANDING SERVICE AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION AND HIS EXEMPLARY SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA SPARTANBURG.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3523 -- Reps. Townsend, Cooper, Stille, P. Harris and Chamblee: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 20 IN ANDERSON COUNTY AS THE "ERNEST ALLEN BURRISS MEMORIAL HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

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