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 910, Feb. 15 | Printed Page 930, Feb. 15 |

Printed Page 920 . . . . . Wednesday, February 15, 1995

Those who voted in the negative are:
Anderson         Brown, G.        Brown, H.
Cain             Cato             Chamblee
Dantzler         Davenport        Easterday
Elliott          Fair             Fleming
Fulmer           Gamble           Hallman
Harrell          Harwell          Haskins
Herdklotz        Huff             Hutson
Jaskwhich        Kinon            Klauber
Knotts           Koon             Lanford
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McCraw
McKay            Meacham          Phillips
Quinn            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Simrill
Smith, D.        Smith, R.        Stoddard
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells


Printed Page 921 . . . . . Wednesday, February 15, 1995

Whatley          Wilder           Wilkins
Wofford          Wright           Young, A.

Total--60

So, the House refused to table the motion to reconsider.

Rep. CROMER spoke against the motion to reconsider.

Reps. KENNEDY, TUCKER, JENNINGS, INABINETT, NEAL, G. BROWN and SPEARMAN objected to the Bill.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that the objections taken on the Bill at this point were out of order as the motion to reconsider was up for consideration and the House was not on the Bill.

The SPEAKER stated that since the motion to reconsider was pending that objections should not have been taken because you then would be forfeiting a Rule of the House by preventing the motion to reconsider after second reading and he sustained the Point of Order and ordered the objections stricken from the Bill and he stated that the motion to reconsider the vote was the pending question.

The question then recurred to the motion to reconsider, Rep. CROMER having the floor.

Rep. CROMER continued speaking against the motion to reconsider.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. BROWN a leave of absence.

Rep. JENNINGS spoke in favor of the motion to reconsider.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being the motion to reconsider, Rep. JENNINGS having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. HUFF moved that the House recur to the morning hour, which was agreed to.


Printed Page 922 . . . . . Wednesday, February 15, 1995

LEAVE OF THE HOUSE GRANTED

The SPEAKER granted Reps. HODGES, BEATTY, THOMAS and DELLENEY a leave of the House due to the Joint Judicial Screening Committee hearings.

INTRODUCTION OF BILLS

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

H. 3615 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-1885 SO AS TO AUTHORIZE A TECHNICAL EDUCATION COMMISSION SERVING THE AREA WITHIN WHICH A SCHOOL DISTRICT IS LOCATED TO PROVIDE VOCATIONAL EDUCATION TRAINING TO THE HIGH SCHOOL STUDENTS OF THE DISTRICT UPON THE REQUEST OF THE SCHOOL DISTRICT WITH THE CONSENT OF THE COUNTY GOVERNING BODY IF THE DISTRICT DOES NOT HAVE UNLIMITED FISCAL AUTONOMY, TO PROVIDE THAT FUNDS GENERATED FROM AD VALOREM PROPERTY TAXES FOR SCHOOL PURPOSES MAY BE USED TO COMPENSATE THE AREA TECHNICAL EDUCATION COMMISSION FOR PROVIDING THIS TRAINING, AND TO PROVIDE FOR CERTAIN REIMBURSEMENT TO THE AREA TECHNICAL EDUCATION COMMISSION FROM THE STATE BASED ON THE NUMBER OF HIGH SCHOOL STUDENTS ATTENDING SUCH VOCATIONAL TRAINING.

Referred to Committee on Education and Public Works.

H. 3616 -- Reps. Stoddard and Wilder: A BILL TO AMEND SECTION 23-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPILATION, EVALUATION, AND DISSEMINATION OF INFORMATION SUPPLIED TO THE STATE LAW ENFORCEMENT DIVISION'S (SLED) STATEWIDE CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, SO AS TO REQUIRE A LOCAL SCHOOL SUPERINTENDENT TO REQUEST THE FELONY CRIMINAL HISTORY CONVICTION RECORD OF SCHOOL EMPLOYEES ON AN ANNUAL BASIS FROM SLED, AND TO REQUIRE SLED TO FURNISH THIS INFORMATION WITHOUT CHARGE.

Referred to Committee on Education and Public Works.


Printed Page 923 . . . . . Wednesday, February 15, 1995

H. 3338--OBJECTIONS

Debate was resumed on the following Bill, the pending question being the consideration of motion to reconsider, Rep. JENNINGS having the floor.

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 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.


Printed Page 924 . . . . . Wednesday, February 15, 1995

Rep. JENNINGS continued speaking.

The question then recurred to the motion to reconsider.

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

Yeas 54; Nays 60

Those who voted in the affirmative are:

Anderson         Beatty           Brown, H.
Cain             Cato             Chamblee
Cooper           Dantzler         Davenport
Easterday        Fair             Fleming
Fulmer           Hallman          Harrell
Haskins          Herdklotz        Huff
Hutson           Jaskwhich        Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
McKay            Meacham          Phillips
Quinn            Rice             Riser
Robinson         Sandifer         Seithel
Simrill          Smith, D.        Smith, R.
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilkins          Witherspoon
Wofford          Wright           Young, A.

Total--54

Those who voted in the negative are:

Askins           Baxley           Boan
Breeland         Brown, G.        Byrd
Canty            Carnell          Cave
Clyburn          Cobb-Hunter      Cotty
Cromer           Delleney         Elliott
Gamble           Govan            Harris, J.
Harrison         Harvin           Hines
Hodges           Howard           Inabinett
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Lloyd            Martin


Printed Page 925 . . . . . Wednesday, February 15, 1995

McAbee           McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Rhoad
Richardson       Rogers           Scott
Sheheen          Shissias         Spearman
Stille           Stoddard         Stuart
Tucker           Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Williams         Worley           Young, J.

Total--60

So, the motion to reconsider was rejected.

Rep. HASKINS moved to adjourn debate upon the Bill until Tuesday, February 21.

Rep. KENNEDY moved to table the motion.

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

Yeas 55; Nays 53

Those who voted in the affirmative are:

Baxley           Boan             Breeland
Brown, G.        Brown, T.        Byrd
Canty            Carnell          Clyburn
Cobb-Hunter      Cotty            Cromer
Delleney         Gamble           Govan
Harrison         Harvin           Hines
Hodges           Howard           Inabinett
Jennings         Keegan           Kennedy
Keyserling       Kirsh            Knotts
Lloyd            Martin           McAbee
McCraw           McElveen         McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Rhoad            Rogers
Scott            Sheheen          Shissias
Spearman         Stille           Stuart
Townsend         Tucker           Whipper, L.
Whipper, S.      White            Wilder


Printed Page 926 . . . . . Wednesday, February 15, 1995

Wilkes           Williams         Worley
Young, J.

Total--55

Those who voted in the negative are:

Anderson         Beatty           Brown, H.
Cain             Cato             Chamblee
Cooper           Dantzler         Davenport
Easterday        Elliott          Fair
Fleming          Fulmer           Hallman
Harrell          Haskins          Herdklotz
Huff             Hutson           Kelley
Klauber          Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
Meacham          Quinn            Rice
Richardson       Riser            Robinson
Sandifer         Seithel          Simrill
Smith, D.        Smith, R.        Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Wilkins          Witherspoon      Wofford
Wright           Young, A.

Total--53

So, the motion to adjourn debate was tabled.

Reps. HUFF, TRIPP, FLEMING, HASKINS, HERDKLOTZ, JENNINGS, KENNEDY, LIMBAUGH, DAVENPORT, NEAL and COBB-HUNTER objected to the Bill.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

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


Printed Page 927 . . . . . Wednesday, February 15, 1995

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.

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.

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.

H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE STATE CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.


Printed Page 928 . . . . . Wednesday, February 15, 1995

H. 3517--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, February 16, 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.

ORDERED TO THIRD READING

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

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


Printed Page 929 . . . . . Wednesday, February 15, 1995

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.

Rep. MARTIN explained the Bill.

H. 3575 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF CHIROPRACTIC EXAMINERS, RELATING TO PROFESSIONAL PRACTICES, THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TRIPP explained the Joint Resolution.

H. 3576 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION - BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS TO TAKE STEP 3 OF THE UNITED STATES MEDICAL LICENSING EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1773, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. TRIPP explained the Joint Resolution.

H. 3577 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CAMPS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1807, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WILDER explained the Joint Resolution.

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.


| Printed Page 910, Feb. 15 | Printed Page 930, Feb. 15 |

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