Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 1360, Mar. 7 | Printed Page 1380, Mar. 12 |

Printed Page 1370 . . . . . Thursday, March 7, 1996

RECURRENCE TO THE MORNING HOUR

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4719 -- Reps. McTeer, Wilder, J. Hines, McMahand, Breeland, M. Hines, L. Whipper, Sheheen, Kirsh, Neilson, McElveen, White, Bailey, Carnell, McCraw, Cromer, R. Smith, Rhoad, Jennings, Stille, Williams, Anderson, Lloyd, J. Brown, Baxley, Kinon and Phillips: A BILL TO AMEND SECTION 59-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SCHOOL BOARDS OF TRUSTEES PROVIDING FOR KINDERGARTENS, SO AS TO PROVIDE THAT THE FIVE-YEAR-OLD KINDERGARTEN PROGRAM IN EACH SCHOOL DISTRICT MUST BE A FULL-DAY PROGRAM BEGINNING WITH SCHOOL YEAR 1996-97, TO ALLOW PARENTS TO ELECT TO WITHHOLD THEIR CHILDREN FROM THE PROGRAM, TO PROVIDE THE NOTICE OF ENROLLMENT REQUIRED AND THE METHOD OF COUNTING STUDENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-35-20 SO AS TO AUTHORIZE A SCHOOL DISTRICT OR SCHOOL TO OBTAIN AN ANNUAL WAIVER FROM THE STATE BOARD OF EDUCATION FOR UP TO THREE YEARS FROM THE FULL-DAY FIVE-YEAR-OLD KINDERGARTEN REQUIREMENT, AND TO PROVIDE THE BASIS FOR GRANTING THE WAIVER, TO AUTHORIZE THE USE OF A DISTRICT'S ALLOCATION FOR THE PROGRAM TO RENT APPROPRIATE FACILITIES FOR UP TO THREE YEARS, AND TO PROVIDE FOR AN AUTOMATIC WAIVER TO A DISTRICT IF FUNDS FOR THE PROGRAMS ARE NOT APPROPRIATED BY THE GENERAL ASSEMBLY.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 4720 -- Reps. Cooper, Wilder, J. Hines, G. Brown, Inabinett, Clyburn, Breeland, Canty, Mason, McCraw, Stuart, Stille, Jennings, White, L. Whipper, Lloyd, Anderson, Koon, Chamblee, Keegan, Carnell, Scott, Gamble, Baxley, Fulmer, J. Young, Riser, Herdklotz, Tripp,


Printed Page 1371 . . . . . Thursday, March 7, 1996

Felder, Sandifer, Lanford, Trotter, Simrill, R. Smith, Hodges, Kinon, Rhoad, McKay, Robinson, Haskins, Easterday, Lee, McTeer, Vaughn, Whatley and Phillips: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT OF THE GENERAL ASSEMBLY FOR ADULT EDUCATION IN SOUTH CAROLINA AND TO THE DEPARTMENT OF EDUCATION WHICH OVERSEES ADULT EDUCATION IN THIS STATE.

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

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4700 -- Reps. J. Young, McElveen, Canty, G. Brown, Neal, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Cain, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF SERGEANT CHARLES B. KUBALA, SR., THE SUMTER COUNTY DEPUTY SHERIFF WHO WAS KILLED IN THE LINE OF DUTY ON FEBRUARY 26, 1996.

H. 4710 -- Reps. Davenport, Lee, Littlejohn, Lanford, Wells, Wilder, Walker, Vaughn, Allison and D. Smith: A CONCURRENT


Printed Page 1372 . . . . . Thursday, March 7, 1996

RESOLUTION TO RECOGNIZE AND COMMEND JOHN RENFRO OF LANDRUM FOR BEING NAMED CHAIRMAN OF THE 1996 ARTS PARTNERSHIP CAMPAIGN AND WISH HIM CONTINUED SUCCESS IN THE FUTURE.

H. 4711 -- Reps. Davenport, Lee, Littlejohn, Wells, Wilder, Lanford, Walker, Vaughn, Allison and D. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE MILLIKEN & COMPANY FOR BEING AWARDED THE FIRST ENVIRONMENTAL CHAMPION AWARD RECOGNIZING OUTSTANDING PERFORMANCE IN THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY'S 33/50 PROGRAM WHICH ENCOURAGES THE REDUCTION IN A COMPANY'S USE OF SEVENTEEN TARGETED CHEMICALS, AND TO WISH THE COMPANY MUCH SUCCESS IN THE FUTURE.

H. 4713 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING THE LEE COUNTY SECTION OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED, ON ITS TENTH ANNIVERSARY OF SERVICE TO SOUTH CAROLINA, AND RECOGNIZING THE ACCOMPLISHMENTS OF DR. DOROTHY IRENE HEIGHT, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE NATIONAL COUNCIL OF NEGRO WOMEN, INCORPORATED.

ADJOURNMENT

At 10:55 A.M. the House in accordance with the motion of Rep. CARNELL adjourned in memory of Samuel Lindsey Nickles of Hodges, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 1373 . . . . . Friday, March 8, 1996

Friday, March 8, 1996

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

We thank You, Lord, for work to do, for the will to work, and for ability with which to work. Compensate all that work here with the satisfaction of tasks well done. Hear our prayer for those who toil for the comfort and safety of others: in mine or mill, in factory or on farm, at sea or in the air. Honor the endeavors of all in learned professions and those with technical competence. Bind together in one great united corps all who work at every level of endeavor to advance the common welfare of Your people.

Answer our prayer, Heavenly Father, in keeping with Your wisdom of our needs. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

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

H. 4704 -- Reps. McElveen, J. Young, Harvin, Neal, Canty and G. Brown: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 108 SO AS TO ESTABLISH THE MID-CAROLINA COMMISSION FOR HIGHER EDUCATION AND PROVIDE FOR THE MEMBERSHIP, FUNCTIONS, DUTIES, AND POWERS OF THE COMMISSION, TO DEVOLVE THE POWERS AND DUTIES OF THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION UPON THE COMMISSION; AND TO REPEAL ACT 50 OF 1965 AND ACT 822 OF 1973 RELATING TO THE SUMTER COUNTY COMMISSION FOR HIGHER EDUCATION.

H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,


Printed Page 1374 . . . . . Friday, March 8, 1996

1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.

MOTION NOTED

Rep. TOWNSEND moved to reconsider the vote whereby the House concurred in the Senate amendments to H. 4625 and the motion was noted.

ADJOURNMENT

At 10:10 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, March 12.

* * *


Printed Page 1375 . . . . . Tuesday, March 12, 1996

Tuesday, March 12, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

O God our Father, help us to live through this day worthy of the vocation to which we have been called. May we so live that brings help to others, credit to ourselves, honor to the offices we hold, and joy to those who by their votes have sent us here. Keep us cheerful when things go wrong, persevering when things are difficult, calm when things are irritating. May demanding tasks and long hours be less wearisome in the knowledge that every talent we possess is to be placed on the altar of public service.

Keep us, then, as partners with You and as partners with each other. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. WALKER moved that when the House adjourns, it adjourn in memory of Marie Anna Bommer Frohlich of Landruff, which was agreed to.


Printed Page 1376 . . . . . Tuesday, March 12, 1996

CONFIRMATION OF APPOINTMENT

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

February 23, 1996
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.

Respectfully,
David M. Beasley
Governor

LOCAL APPOINTMENT

Reappointment, Kershaw County Master-in-Equity, with term to commence July 1, 1995, and to expire July 1, 2001:

Honorable Rolly W. Jacobs, Post Office Box 664, Camden, S.C. 29020

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 6, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on S. 654, R. 242 by a vote of 44 to 1.

(R242) S. 654 -- Senator Greg Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY REFERENDUM HAS AUTHORIZED THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180 AND IF A REFERENDUM APPROVING THESE PERMITS IS HELD IN THE AFFECTED


Printed Page 1377 . . . . . Tuesday, March 12, 1996

AREA OF THE COUNTY AND THE COUNTY IN WHICH THE REFERENDUM IS TO BE HELD HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.
Very respectfully,
President

The SPEAKER ordered the veto message printed in the Journal.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 7, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 259, S. 804 by a vote of 44 to 0.

(R259) S. 804 -- Senators Rose, McConnell and Mescher: AN ACT 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.
Very respectfully,
President

The SPEAKER order the veto message printed in the Journal.

INTRODUCTION OF BILLS

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

H. 4721 -- Reps. Davenport and Littlejohn: A BILL TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE NUMBER OF MEMBERS ON THE GOVERNING BOARD FROM THREE TO FIVE.

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

H. 4726 -- Rep. Witherspoon: A JOINT RESOLUTION TO AMEND ACT 239 OF 1991, RELATING TO THE PROHIBITION AGAINST


Printed Page 1378 . . . . . Tuesday, March 12, 1996

THE TAKING AND ATTEMPTS TO TAKE STRIPED BASS AND WHITE BASS HYBRIDS NEAR THE MOUTH OF THE SAVANNAH RIVER UPSTREAM TO NEW SAVANNAH BLUFF LOCK DAM IN SOUTH CAROLINA WATERS UNTIL JULY 1, 1996, SO AS TO EXTEND THE MORATORIUM AND EXPAND THE AREA COVERED BY THE MORATORIUM.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4727 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON TAKING OR POSSESSING STRIPED BASS LESS THAN TWENTY-ONE INCHES IN CERTAIN PLACES, SO AS TO DELETE CERTAIN LANGUAGE AND ADD PROVISIONS IMPOSING A CREEL LIMIT AND MAKING IT UNLAWFUL TO TAKE OR POSSESS SUCH FISH IN THE WACCAMAW, PEE DEE, BLACK, SAMPIT, COOPER, ASHLEY, EDISTO, ASHEPOO, COMBAHEE, COOSAWHATCHIE, NEW, AND SAVANNAH RIVERS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4728 -- Rep. Harrison: A BILL TO AMEND SECTION 12-6-3470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE CARRIED FORWARD; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY AND TO CHANGE REFERENCES FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING


Printed Page 1379 . . . . . Tuesday, March 12, 1996

AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO BECAME EMPLOYED AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.

Referred to Committee on Judiciary.

H. 4729 -- Reps. Robinson, Kirsh, Koon, Marchbanks and Trotter: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION BY ADDING CHAPTER 52 SO AS TO ESTABLISH THE PROCEDURES WHICH SHALL BE USED BY LOCAL GOVERNMENTS TO COLLECT DELINQUENT PROPERTY TAXES EXCEPT FOR DELINQUENT TAXES ON MOTOR VEHICLES; AND TO REPEAL CHAPTER 51 OF TITLE 12 RELATING TO THE ALTERNATE PROCEDURE FOR THE COLLECTION OF PROPERTY TAXES.

Referred to Committee on Ways and Means.

H. 4730 -- Reps. Robinson, Trotter and Rice: A BILL TO AMEND SECTION 12-21-2710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE POSSESSION OF CERTAIN TYPES OF GAMING OR SLOT MACHINES, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANTIQUE SLOT MACHINES MADE


Printed Page 1380 . . . . . Tuesday, March 12, 1996

BEFORE JANUARY 1, 1965, WHICH ARE KEPT BY THE OWNER THEREOF IN HIS PRINCIPAL RESIDENCE AND NOT USED FOR COMMERCIAL OR GAMING PURPOSES.

Referred to Committee on Judiciary.


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