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 130, Jan. 10 | Printed Page 150, Jan. 11 |

Printed Page 140 . . . . . Wednesday, January 10, 1996

H. 4417 -- Rep. R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE CITIZENS OF SOUTH CAROLINA TO ALAN B. WHITEHOUSE, M. D., OF THE DEPARTMENT OF SURGERY OF THE UNIVERSITY HOSPITAL, AUGUSTA, GEORGIA, FOR HIS DISTINGUISHED SERVICE TO THE MEDICAL PROFESSION.

H. 4418 -- Reps. Wilder, Stoddard and Carnell: A CONCURRENT RESOLUTION HONORING THE THORNWELL HIGH SCHOOL "BIG DOG" FOOTBALL TEAM ON A MEMORABLE UNDEFEATED STATE CHAMPIONSHIP SEASON FOR 1995.

ADJOURNMENT

At 5:00 P.M. the House in accordance with the motion of Rep. ROGERS adjourned in memory of Luther M. Lee of Columbia, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 141 . . . . . Thursday, January 11, 1996

Thursday, January 11, 1996

(Statewide 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, Heavenly Father, for these moments of prayer ere we take up the duties of this day. Focus our thoughts on You. Lord, open our hearts to Your way that we may have wisdom in our decisions, understanding in our thinking, charity in our attitudes, and mercy in our judgments. Forbid that we should ever think that when this daily prayer is ended that our dependence upon You is over, or forget that You are our ever present Companion for the rest of the day. From this interlude of prayer, may there flow forth light and direction that will remain with us until nightfall shall bring Your divine benediction: "Well done, good and faithful servant."

So help us all the day long. 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. HALLMAN moved that when the House adjourns, it adjourn in memory of former Town Council member and magistrate, Paul A. Foster of Mt. Pleasant, which was agreed to.

INTRODUCTION OF BILLS

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

H. 4426 -- Reps. R. Smith, Knotts, Meacham, Simrill, Hutson, Fleming, Herdklotz, Sharpe, Huff, Easterday, Witherspoon, Mason, M. Hines, Trotter, Clyburn, Robinson, Davenport, Haskins, Waldrop, Vaughn, Riser and J. Harris: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE


Printed Page 142 . . . . . Thursday, January 11, 1996

TESTING OF CERTAIN CONVICTED OFFENDERS FOR CERTAIN DISEASES, SO AS TO PROVIDE THAT AN ADULT OR JUVENILE ARRESTED FOR CERTAIN OFFENSES MUST BE TESTED FOR CERTAIN DISEASES AND TO FURTHER PROVIDE FOR THE TESTING INCLUDING THE TIMES THE TESTS MUST BE CONDUCTED.

Referred to Committee on Judiciary.

H. 4427 -- Reps. Sharpe, Cotty, Moody-Lawrence, Inabinett, Simrill, Lloyd, Richardson, Sandifer, Stuart, Meacham, Hutson, Davenport, Cooper, Trotter, Neal, Cato, Wilkes, Wells, Wofford, Riser, R. Smith, Williams, Vaughn, Witherspoon, J. Hines, Marchbanks, Allison, Haskins, J. Young, T. Brown, Stille, Young-Brickell, Kirsh, J. Harris, Keyserling, Koon, McTeer, Gamble, Keegan and Klauber: A BILL TO AMEND SECTION 56-5-2940, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR ANOTHER SUBSTANCE, SO AS TO PROVIDE THAT A PERSON WHO IS UNDER TWENTY-ONE YEARS OF AGE AND WHO IS CONVICTED OF DRIVING UNDER THE INFLUENCE OF LIQUOR, DRUGS, OR ANOTHER SUBSTANCE, SHALL HAVE HIS DRIVER'S LICENSE REVOKED FOR FIVE YEARS OR UNTIL HE REACHES TWENTY-ONE YEARS OF AGE.

Referred to Committee on Judiciary.

H. 4428 -- Reps. Stille, Rice, Cooper, Simrill, Wilder, Stuart, Cain, Koon, Sandifer, Herdklotz, Allison, Wells, Walker, H. Brown, Inabinett, Gamble, Riser, Littlejohn, Witherspoon and Easterday: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE STATE'S PUBLIC ROADS, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON'S BLOOD WHO IS AT LEAST TWENTY-ONE YEARS OF AGE USED TO CREATE PRESUMPTIONS OF UNDER THE INFLUENCE OR NO PRESUMPTION OF BEING UNDER THE INFLUENCE WHICH MUST BE USED TO DETERMINE THE GUILT OF A PERSON VIOLATING SECTION 56-5-2930, TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS


Printed Page 143 . . . . . Thursday, January 11, 1996

EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD, AND TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO IS LESS THAN TWENTY-ONE YEARS OF AGE IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS ANY PERCENT WEIGHT OF ALCOHOL IN THE PERSON'S BLOOD.

Referred to Committee on Judiciary.

H. 4429 -- Reps. Cave, Rice, Inabinett, Canty, Lloyd, Breeland, S. Whipper, Byrd, J. Brown, Richardson, M. Hines, Clyburn and Littlejohn: 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 WITH AT LEAST THE SAME HOURS OF OPERATION AS HAVE THE ELEMENTARY SCHOOLS OF THE DISTRICT, TO PROVIDE THAT EACH DISTRICT MUST ALSO ESTABLISH HALF-DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAMS AND ARE AUTHORIZED TO ESTABLISH FULL-DAY FOUR-YEAR-OLD KINDERGARTEN PROGRAMS, AND TO PROVIDE THAT THESE KINDERGARTEN PROGRAMS MUST BE OPEN TO ALL ELIGIBLE STUDENTS OF THE DISTRICT AND NOT JUST TO EDUCATIONALLY DISADVANTAGED OR HANDICAPPED STUDENTS; TO AMEND SECTION 59-19-340, AS AMENDED, RELATING TO THE AUTHORIZATION OF A SCHOOL DISTRICT TO ESTABLISH FOUR-YEAR-OLD CHILD DEVELOPMENT PROGRAMS, SO AS TO REQUIRE EACH DISTRICT TO ESTABLISH FOUR-YEAR-OLD KINDERGARTEN PROGRAMS IN THE MANNER PROVIDED BY SECTION 59-35-10 ABOVE, AND TO PROVIDE THAT ATTENDANCE IN THESE FOUR-YEAR-OLD KINDERGARTEN PROGRAMS IS OPTIONAL FOR ALL ELIGIBLE STUDENTS; AND TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO THE AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO AUTHORIZE FOUR-YEAR-OLDS TO ATTEND OPTIONAL KINDERGARTEN PROGRAMS AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE FOUR-YEAR-OLD CHILDREN SHALL BE COUNTED FOR SCHOOL FUNDING PURPOSES.

Referred to Committee on Education and Public Works.


Printed Page 144 . . . . . Thursday, January 11, 1996

H. 4430 -- Reps. Wright, Mason, Simrill, Askins, Felder, Cain, Sandifer, H. Brown, Inabinett, Stuart, M. Hines, Rice, Spearman, T. Brown, Richardson, Herdklotz, Wofford, Dantzler, Klauber, Koon, Law, Stoddard, Witherspoon, Quinn, Lloyd, Gamble, Easterday, Riser, Limbaugh and Waldrop: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL FORWARD ALL INFORMATION CONCERNING SCHOOL-RELATED CRIME TO THE ATTORNEY GENERAL WHICH SHALL BE USED BY HIM IN THE SUPERVISION OF THE PROSECUTION OF SCHOOL CRIME; TO PROVIDE THAT LOCAL LAW ENFORCEMENT OFFICIALS ARE REQUIRED TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN CERTAIN CRIMES OCCUR; TO PROVIDE THAT UPON REQUEST OF A LOCAL SCHOOL DISTRICT, THE ATTORNEY GENERAL MAY PETITION THE LOCAL SCHOOL BOARD TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES; AND TO PROVIDE THAT THE ATTORNEY GENERAL IS AUTHORIZED TO REPRESENT THE LOCAL SCHOOL DISTRICT WHEN SUCH CASES ARE APPEALED TO AN APPELLATE COURT.

Referred to Committee on Education and Public Works.

H. 4431 -- Reps. Townsend, P. Harris, Huff, H. Brown, Cooper and Stille: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS TO ESTABLISH COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO ADD A WEIGHTING FOR PUPILS WITH AUTISM.

Referred to Committee on Education and Public Works.

H. 4432 -- Reps. Cooper, Allison, T. Brown, Cain, Cato, Chamblee, Davenport, Easterday, Fleming, Fulmer, Hallman, J. Harris, Haskins, Herdklotz, Huff, Hutson, Klauber, Lanford, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Mason, Meacham, Quinn, Rice, Richardson, Riser, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Tripp, Trotter, Waldrop, Wells, Whatley, Young-Brickell and Wilkins: A BILL TO AMEND ARTICLE 4, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHOOL CRIME REPORT ACT, SO AS TO DEVOLVE THE DUTIES,


Printed Page 145 . . . . . Thursday, January 11, 1996

FUNCTIONS, AND RESPONSIBILITIES OF THE STATE DEPARTMENT OF EDUCATION UNDER THIS ACT UPON THE OFFICE OF THE ATTORNEY GENERAL ON JULY 1, 1996, TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT THE ATTORNEY GENERAL'S "SCHOOL SAFETY PHONE LINE" WHEN REPORTING CERTAIN CRIMES, TO AUTHORIZE THE ATTORNEY GENERAL TO PETITION SCHOOL BOARDS TO EXPEL STUDENTS CHARGED WITH CERTAIN CRIMES, AND TO FURTHER PROVIDE FOR THE PROCEDURES WHICH MUST BE FOLLOWED IN CONNECTION WITH THIS ACT.

Referred to Committee on Education and Public Works.

H. 4433 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-385 SO AS TO ALLOW THE DEPARTMENT OF PUBLIC SAFETY TO AUTHORIZE THE ISSUANCE OF A DRIVER'S LICENSE TO A PERSON WHOSE LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE HAS BEEN SUSPENDED OR REVOKED FOR A PERIOD LONGER THAN FIVE YEARS WHEN THE PERSON HAS HAD NO VIOLATIONS AFFECTING HIS LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS IMMEDIATELY BEFORE THE FILING OF HIS APPLICATION.

Referred to Committee on Judiciary.

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.

Referred to Committee on Judiciary.

H. 4435 -- Reps. Seithel, Whatley, Limehouse, Hallman, Sandifer, Spearman, Harrell, Fulmer, Herdklotz, Hutson, Law, Harvin, Dantzler and S. Whipper: A BILL TO AMEND SECTION 40-11-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATIVE TO LICENSING OF CONTRACTORS, SO AS TO PROVIDE THAT GENERAL CONTRACTORS INCLUDE A PERSON


Printed Page 146 . . . . . Thursday, January 11, 1996

WHO UNDERTAKES MARINE CONSTRUCTION FOR A FEE OF FIVE THOUSAND DOLLARS OR MORE AND THAT MECHANICAL CONTRACTORS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE AND TO DEFINE MARINE CONSTRUCTION; AND TO AMEND SECTION 40-59-10, AS AMENDED, RELATING TO DEFINITIONS RELATIVE TO LICENSING RESIDENTIAL BUILDERS, SO AS TO PROVIDE THAT RESIDENTIAL BUILDERS INCLUDE A PERSON WHO UNDERTAKES MARINE CONSTRUCTION FOR ANY FEE.

Referred to Committee on Labor, Commerce and Industry.

HOUSE RESOLUTION

The following was introduced:

H. 4436 -- Rep. Cotty: A HOUSE RESOLUTION CONGRATULATING BRADLEY BIEBER OF RICHLAND COUNTY ON WINNING TWO MEDALS IN THE FIFTEENTH UNITED STATES JUNIOR OLYMPIC TAEKWONDO CHAMPIONSHIPS.

The Resolution was adopted.

ROLL CALL

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

Allison              Anderson             Askins
Bailey               Boan                 Breeland
Brown, H.            Brown, J.            Byrd
Cain                 Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cooper               Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Elliott              Fleming
Fulmer               Gamble               Govan
Hallman              Harrell              Harris, P.
Harrison             Haskins              Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Huff                 Inabinett
Jaskwhich            Jennings             Keegan
Kelley               Kennedy              Keyserling
Kirsh                Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Littlejohn           Lloyd

Printed Page 147 . . . . . Thursday, January 11, 1996

Marchbanks           Martin               Mason
McAbee               McCraw               McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neal                 Phillips
Rhoad                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Scott                Seithel
Sharpe               Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Thomas               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          Whipper, S.
White                Wilder               Wilkes
Wilkins              Williams             Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell       

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, January 11. Marion H. Kinon Theodore A. Brown Heyward G. Hutson Marion P. Carnell Denny W. Neilson Grady A. Brown H.B. Limehouse III John G. Felder J. Michael Baxley Richard M. Quinn, Jr. James S. Klauber Ralph W. Canty C. Alex Harvin III

Total Present--120

RECORD FOR JOURNAL

Rep. T. BROWN's key would not work during roll call. He was present at that time.

RECORD FOR JOURNAL

At the time roll call was taken, I was in a meeting with Grace Young of P.R.T.

Rep. H.B. "CHIP" LIMEHOUSE III


Printed Page 148 . . . . . Thursday, January 11, 1996

LEAVES OF ABSENCE

The SPEAKER granted Rep. SHEHEEN a leave of absence for the day.

The SPEAKER granted Rep. McELVEEN a leave of absence for the day due to having to speak at a meeting in Florence.

STATEMENTS OF ATTENDANCE

Reps. BOAN and MARTIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, January 10.

DOCTOR OF THE DAY

Announcement was made that Dr. Carol S. Nicholes of Spartanburg is the Doctor of the Day for the General Assembly.

ELECTION OF HOUSE ETHICS COMMITTEE MEMBER

The Reading Clerk read the following House Resolution:

H. 4400 -- Rep. Wilkins: A HOUSE RESOLUTION TO SET THURSDAY, JANUARY 11, 1996, AT 10:30 A.M. AS THE TIME FOR ELECTING MEMBERS TO FILL VACANCIES ON THE HOUSE LEGISLATIVE ETHICS COMMITTEE.

The SPEAKER announced that nominations were in order for a member of the House Ethics Committee.

The following names were placed in nomination:

Rep. EASTERDAY

Rep. GOVAN

The Members of the House voted by electric roll call.

The following named Representatives voted for Rep. EASTERDAY:

Allison              Anderson             Boan
Brown, H.            Cain                 Cato
Chamblee             Cotty                Dantzler
Davenport            Delleney             Easterday
Fleming              Fulmer               Hallman
Harrell              Harris, J.           Haskins
Herdklotz            Hutson               Jaskwhich
Keegan               Kelley               Kirsh
Knotts               Koon                 Lanford

Printed Page 149 . . . . . Thursday, January 11, 1996

Law                  Limbaugh             Limehouse
Littlejohn           Marchbanks           Mason
McKay                Meacham              Rice
Riser                Robinson             Sandifer
Seithel              Sharpe               Simrill
Smith, D.            Smith, R.            Spearman
Stoddard             Tripp                Trotter
Vaughn               Waldrop              Walker
Wells                Whatley              Wilkins
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

Total--60

The following named Representatives voted for Rep. GOVAN:

Bailey               Breeland             Brown, G.
Brown, J.            Brown, T.            Byrd
Carnell              Cave                 Clyburn
Cobb-Hunter          Cromer               Elliott
Gamble               Govan                Harris, P.
Harrison             Harvin               Hines, J.
Hines, M.            Hodges               Howard
Inabinett            Kennedy              Keyserling
Lee                  Lloyd                Martin
McAbee               McCraw               McMahand
McTeer               Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Richardson           Rogers               Scott
Stille               Stuart               Townsend
Tucker               Whipper, L.          Whipper, S.
White                Wilder               Wilkes
Williams

Total--49

RECAPITULATION

Rep. EASTERDAY received. . . . .60
Rep. GOVAN received. . . . .49


| Printed Page 130, Jan. 10 | Printed Page 150, Jan. 11 |

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