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 870, Feb. 14 | Printed Page 890, Feb. 14 |

Printed Page 880 . . . . . Tuesday, February 14, 1995

H. 3584 -- Reps. Allison and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-25 SO AS TO PROVIDE THAT BEGINNING IN 1995 MEMBERS OF THE BOARDS OF TRUSTEES OF SCHOOL DISTRICTS MUST BE ELECTED IN NONPARTISAN ELECTIONS ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER, TO PROVIDE FOR CURRENT MEMBERS TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY, TO PROVIDE FOR THE METHOD OF NOMINATION OF CANDIDATES, FILLING OF VACANCIES, AND CONDUCT OF THE ELECTIONS, AND TO PROHIBIT CANDIDATES FOR SUCH OFFICES FROM REQUESTING OR ACCEPTING CONTRIBUTIONS FROM POLITICAL PARTIES OR FROM SUGGESTING POLITICAL PARTY AFFILIATION ON CAMPAIGN LITERATURE.

Referred to Committee on Education and Public Works.

H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.

Referred to Committee on Education and Public Works.

H. 3590 -- Reps. Harrell, Dantzler, Fulmer, Hallman, Hutson, Limehouse, Seithel, Whatley, L. Whipper, Inabinett and Breeland: A


Printed Page 881 . . . . . Tuesday, February 14, 1995

BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMISSIONS, AND TO THE GOVERNING BODIES OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY.

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

H. 3591 -- Rep. Harrison: A BILL TO REPEAL ACT 69 OF 1963, RELATING TO THE CREATION OF THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS DUTIES, POWERS, AND RESPONSIBILITIES ON THE GOVERNING BODIES OF RICHLAND COUNTY AND THE CITY OF COLUMBIA, AND AUTHORIZE THE COMMISSION TO CONVEY PROPERTY TO THE COUNTY AND CITY BY RESOLUTION.

Referred to Richland Delegation.

H. 3593 -- Rep. McMahand: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO INSTALL AN ELECTRONIC TRAFFIC SIGNAL AT THE INTERSECTION OF SOUTH CAROLINA ROUTE 20 AND LENHARDT ROAD IN GREENVILLE COUNTY.

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

S. 278 -- Senators Mescher and Rose: A BILL TO AMEND ACT 1093 OF 1966, AS LAST AMENDED BY ACT 437 OF 1973, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.

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

S. 474 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.

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


Printed Page 882 . . . . . Tuesday, February 14, 1995

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 492 -- Senator Drummond: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE WILLIAM JENNINGS BRYAN DORN OF GREENWOOD COUNTY UPON HIS INDUCTION INTO THE SOUTH CAROLINA HALL OF FAME.

Whereas, the Honorable William Jennings Bryan Dorn of Greenwood County is a living legend in South Carolina; and

Whereas, he is chairman emeritus of the South Carolina Democratic Party; and

Whereas, he began his political career in 1939, when he became the youngest man ever elected to the General Assembly; and

Whereas, in 1947, after serving in World War II, Bryan Dorn was elected to the first of thirteen terms in the United States House of Representatives, where he was known for his support of national defense, education, revenue sharing, economic development, social security, and agriculture; and

Whereas, he was the Democratic nominee for Governor in 1974, and in 1980, he was elected chairman of the South Carolina Democratic Party and served two terms in that post; and

Whereas, Bryan Dorn has been hailed as a true statesman and, during his many years in office, he was a dedicated public servant; and

Whereas, his contributions to good government and public service have enriched South Carolina's modern history, and he is a gentleman who is widely respected and admired. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, congratulates the Honorable William Jennings Bryan Dorn of Greenwood County upon his induction into the South Carolina Hall of Fame.

Be it further resolved that a copy of this resolution be forwarded to the Honorable William Jennings Bryan Dorn.

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


Printed Page 883 . . . . . Tuesday, February 14, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 3585 -- Reps. Cobb-Hunter, Felder and Govan: A CONCURRENT RESOLUTION TO COMMEND JAMES R. MCGEE OF ORANGEBURG COUNTY FOR HIS FOURTEEN YEARS OF DEDICATED SERVICE ON THE ORANGEBURG COUNTY COUNCIL AND TO WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3586 -- Reps. Cobb-Hunter, Felder and Govan: A CONCURRENT RESOLUTION TO COMMEND VERNON OTT, JR., OF ORANGEBURG COUNTY FOR HIS SEVENTEEN YEARS OF DEDICATED SERVICE TO THE CITIZENS OF ORANGEBURG COUNTY WHILE SERVING ON THE ORANGEBURG COUNTY COUNCIL AND WISH HIM WELL IN ALL HIS FUTURE ENDEAVORS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3587 -- Reps. Allison, Cromer and Chamblee: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO OUR CURRENT MISS SOUTH CAROLINA, KRISTIE GREENE, OF ANDERSON COUNTY ON APRIL 19, 1995, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".

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


Printed Page 884 . . . . . Tuesday, February 14, 1995

HOUSE RESOLUTION

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

H. 3588 -- Reps. Allison, Cromer and Chamblee: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO OUR CURRENT "MISS SOUTH CAROLINA", KRISTIE GREENE, OF ANDERSON COUNTY AND TO ALL OF THE CONTESTANTS COMPETING IN THE 1995 MISS SOUTH CAROLINA PAGEANT FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY" ON WEDNESDAY, APRIL 19, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That our current "Miss South Carolina", Kristie Greene, of Anderson County and all of the contestants competing in the 1995 Miss South Carolina Pageant are extended the privilege of the floor of the House of Representatives for the purpose of being recognized and congratulated on the special occasion of "Miss South Carolina Appreciation Day" on Wednesday, April 19, 1995, at a time to be determined by the Speaker.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3592 -- Reps. Wilkins, Limehouse, Hallman, Sandifer, Littlejohn, Walker, Harrison, Robinson, Rice, Simrill, Wilder, Easterday, Marchbanks, Jaskwhich, Harrell, Herdklotz, McCraw, Vaughn, Lanford, Wells, A. Young, Waldrop, Cain, Mason, Elliott, Tripp and Whatley: A CONCURRENT RESOLUTION TO CALL FOR A CONFERENCE OF THE STATES TO BE PROMOTED AND CONVENED BY THE COUNCIL OF STATE GOVERNMENTS FOR THE PURPOSE OF RESTORING BALANCE IN THE FEDERAL SYSTEM AND FOR RELATED MATTERS, AND TO PROVIDE FOR THE APPOINTMENT OF FIVE DELEGATES TO REPRESENT THE STATE OF SOUTH CAROLINA AT THIS CONFERENCE.

The Concurrent Resolution was ordered referred to the Committee on Judiciary.


Printed Page 885 . . . . . Tuesday, February 14, 1995

ROLL CALL

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

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
Delleney         Easterday        Elliott
Fair             Felder           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            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       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           Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Wilkins          Williams         Wofford


Printed Page 886 . . . . . Tuesday, February 14, 1995

Worley           Wright            Young, A.
Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, February 14. Merita A. Allison William D. Witherspoon G. Ralph Davenport, Jr. C. Alex Harvin, III L. Morgan Martin

Total Present--123

DOCTOR OF THE DAY

Announcement was made that Dr. Ted Watson of Greenville is the Doctor of the Day for the General Assembly.

S. 446--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

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.

Rep. WILDER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5394HTC.95), which was adopted.

Amend the joint resolution, as and if amended, page 1, by striking SECTION 2 and inserting:

/SECTION 2. This joint resolution takes effect upon approval by the Governor and applies with respect to salary paid after December 31, 1989./

Renumber sections to conform.

Amend totals and title to conform.

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


Printed Page 887 . . . . . Tuesday, February 14, 1995

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

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 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.

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.

Rep. HARRISON explained the Bill.

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.

Rep. NEAL explained the Bill.


Printed Page 888 . . . . . Tuesday, February 14, 1995

H. 3517--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, February 15, which was adopted.

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.

H. 3061--ORDERED TO THIRD READING

The following Bill was taken up.

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.

Rep. DAVENPORT moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs.


Printed Page 889 . . . . . Tuesday, February 14, 1995

Rep. CATO moved to table the motion, which was agreed to by a division vote of 34 to 15.

Rep. SHARPE explained the Bill.

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

S. 414--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3667CM.95), which was adopted.

Amend the joint resolution, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. For purposes of this joint resolution, the Department of Revenue and Taxation is required to register and collect the biennial fee required by Section 12-31-250, and the department is not required to issue identification markers or registration cards pursuant to Section 12-31-250./

Amend further, SECTION 2, page 1, line 41, by striking /December 31, 1995/ and inserting /September 3, 1996/

When amended SECTION 2 reads:

/SECTION 2. The Department of Revenue and Taxation and the Department of Public Safety shall not penalize a motor carrier or vehicle which has a faded, expired, or missing marker while operating in this State during the period from April 1, 1995 through September 30, 1996./

Amend title to conform.

Rep. COOPER explained the amendment.

The amendment was then adopted.

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


| Printed Page 870, Feb. 14 | Printed Page 890, Feb. 14 |

Page Finder Index