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 930, Feb. 15 | Printed Page 950, Feb. 16 |

Printed Page 940 . . . . . Thursday, February 16, 1995

HOUSE RESOLUTION

The following was introduced:

H. 3625 -- Reps. Cobb-Hunter and Felder: A HOUSE RESOLUTION TO WELCOME TO SOUTH CAROLINA THE GERMAN UNITED METHODIST SINGERS WHO WILL BE CONDUCTING THEIR SECOND UNITED STATES TOUR FEBRUARY 10-24, 1995, TO CELEBRATE AFRICA UNIVERSITY AND TO WISH THEM WELL DURING THEIR STAY IN THE UNITED STATES.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 528 -- Senator Drummond: 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 returned to the Senate with concurrence.

ROLL CALL

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

Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Brown, T.        Cain
Carnell          Cato             Cave
Chamblee         Cobb-Hunter      Cooper
Dantzler         Davenport        Delleney
Easterday        Elliott          Fleming
Fulmer           Gamble           Harrell
Harris, J.       Harris, P.       Harrison


Printed Page 941 . . . . . Thursday, February 16, 1995

Haskins          Herdklotz        Hodges
Huff             Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Keyserling       Kinon            Klauber
Knotts           Lanford          Limbaugh
Limehouse        Littlejohn       Lloyd
Mason            McAbee           McCraw
McKay            McMahand         Meacham
Moody-Lawrence   Phillips         Rhoad
Rice             Richardson       Riser
Robinson         Sandifer         Scott
Seithel          Sharpe           Sheheen
Shissias         Smith, D.        Smith, R.
Spearman         Stille           Stuart
Thomas           Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Whatley          Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, February 16. Kenneth Kennedy Ronald P. Townsend Harry R. Askins J. Gary Simrill Harry M. Hallman, Jr. James N. Law Dewitt Williams Ralph Anderson Timothy F. Rogers Leon Howard Michael L. Fair William F. Cotty Denny W. Neilson Jesse E. Hines Jerry N. Govan, Jr. L. Morgan Martin Douglas E. McTeer, Jr. George H. Bailey Claude V. Marchbanks Carole C. Wells Alma W. Byrd Herbert Kirsh Eugene C. Stoddard C. Alex Harvin, III B. Hicks Harwell Larry L. Koon James L.M. Cromer, Jr. William Clyburn Richard M. Quinn, Jr. John G. Felder


Printed Page 942 . . . . . Thursday, February 16, 1995

Joseph T. McElveen, Jr.  Heyward G. Hutson
Joseph H. Neal           Ralph W. Canty

Total Present--123

RECORD FOR JOURNAL

My key did not fit properly during roll call.

Rep. WILLIAM CLYBURN

LEAVES OF ABSENCE

The SPEAKER granted Rep. ALLISON a leave of absence for the day due to illness in the family.

The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day due to illness.

LEAVE OF THE HOUSE GRANTED

The SPEAKER granted Reps. KIRSH, WELLS, McTEER, BAILEY and MARCHBANKS a leave of the House due to a Compliance Review for Motor Vehicle Resources meeting.

SPECIAL PRESENTATION

Rep. T. BROWN presented to the House the Choppee Indian High School Varsity Football Team, its coaches and other school officials, winners of the 1994 Class A State Championship.

POINT OF PERSONAL PRIVILEGE

Rep. FELDER arose to a Point of Personal Privilege.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

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.


Printed Page 943 . . . . . Thursday, February 16, 1995

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.

H. 3590--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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

Rep. L. WHIPPER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3709DW.95), which was tabled.

Amend the bill, as and if amended, SECTION 1, page 2, line 41, by deleting:

/(23) Magistrates.................Section 22-1-10/

Renumber items to conform.

Amend title to conform.

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 8 to 4.

Rep. L. WHIPPER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3707DW.95), which was tabled.

Amend the bill, as and if amended, SECTION 1, page 1, by inserting after /County/ on line 29 /only after the governing body of the county has adopted a method of electing its members from single member districts/.

Amend title to conform.

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 8 to 3.


Printed Page 944 . . . . . Thursday, February 16, 1995

Rep. L. WHIPPER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3706DW.95), which was tabled.

Amend the bill, as and if amended, SECTION 1, page 1, line 29, by inserting at the end: /All recommendations must be made so as to avoid discrimination because of race, religion, color, sex, or national origin./

Amend title to conform.

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 7 to 4.

Rep. HARRELL proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\DKA\3714DW.95), which was adopted.

Amend the bill, as and if amended, SECTION 1, page 1, line 29, by inserting at the end: /All recommendations must be made without regard to race, religion, color, sex, or national origin./

Amend title to conform.

Rep. L. WHIPPER moved to table the amendment, which was not agreed to by a division vote of 4 to 8.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. HARRELL proposed the following Amendment No. 5 (Doc Name L:\COUNCIL\LEGIS\AMEND\JIC\5418DW.95), which was adopted.

Amend the bill, as and if amended, SECTION 1, page 1, line 27, by inserting after /County/ /these appointments and recommendations/

Amend title to conform.

Rep. BREELAND demanded the yeas and nays on the adoption of the amendment, which were not ordered.

The amendment was then adopted by a division vote of 8 to 3.

The question then recurred to the passage of the Bill, as amended, on second reading.


Printed Page 945 . . . . . Thursday, February 16, 1995

Rep. L. WHIPPER demanded the yeas and nays, which were taken resulting as follows:
Yeas 8; Nays 4

Those who voted in the affirmative are:

Dantzler         Fulmer           Hallman
Harrell          Hutson           Limehouse
Seithel          Whatley

Total--8

Those who voted in the negative are:

Breeland         Inabinett        Whipper, L.
Whipper, S.

Total--4

So, the Bill, as amended, was read the second time and ordered to third reading.

ORDERED TO THIRD READING

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

H. 3603 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO DELETE THE REQUIREMENT TO HAVE ONLY VOLUNTEER FIREMEN WORK FOR THE DISTRICT, AND DELETE THE AUTHORITY FOR A FIVE MILL TAX LEVY FOR THE DISTRICT AND AUTHORIZE A TAX EQUAL TO THE AMOUNT LEVIED BY LEXINGTON COUNTY FOR COUNTYWIDE FIRE PROTECTION BE LEVIED FOR THE BENEFIT OF THE DISTRICT.

H. 3614 -- Reps. A. Young, Harrell, Cobb-Hunter, Bailey and Hutson: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.


Printed Page 946 . . . . . Thursday, February 16, 1995

H. 3574 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP ISSUANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1769, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. McTEER explained the Joint Resolution.

H. 3311 -- Rep. Rogers: A BILL TO AMEND SECTION 7-5-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICATION BE WITNESSED BY A QUALIFIED ELECTOR FROM THE RESPECTIVE COUNTY AND PROVIDE THAT IT ONLY BE WITNESSED BY A QUALIFIED ELECTOR.

Rep. CROMER explained the Bill.

H. 3207 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN SUBSTITUTE CARE SETTINGS.

Rep. McTEER explained the Bill.

H. 3602 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1775, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. GAMBLE explained the Joint Resolution.

S. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: 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


Printed Page 947 . . . . . Thursday, February 16, 1995

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.

Rep. CANTY explained the Bill.

H. 3603--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 3603 be read the third time tomorrow.

H. 3614--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that H. 3614 be read the third time tomorrow.

H. 3207--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 3207 be read the third time tomorrow.

S. 351--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CANTY, with unanimous consent, it was ordered that S. 351 be read the third time tomorrow.

SENT TO THE SENATE

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

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.


Printed Page 948 . . . . . Thursday, February 16, 1995

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.

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.

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.

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.

H. 3517--AMENDED AND DEBATE ADJOURNED

The following Bill was taken up.

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


Printed Page 949 . . . . . Thursday, February 16, 1995

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.

Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21428SD.95), which was adopted.

Amend the bill, as and if amended, in Section 17-15-260 of the 1976 Code, as contained in SECTION 4, by striking the sentence which begins on line 19, page 3 and inserting /All funds to be deposited in the state general fund shall be transmitted to the State Treasurer./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. TRIPP moved to adjourn debate upon the Bill until Tuesday, February 21, which was adopted.

H. 3204--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS


Printed Page 950 . . . . . Thursday, February 16, 1995

UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.


| Printed Page 930, Feb. 15 | Printed Page 950, Feb. 16 |

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