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 2980, Apr. 24 | Printed Page 3000, Apr. 25 |

Printed Page 2990 . . . . . Wednesday, April 24, 1996

RECORD FOR VOTING

We were accepting an award from the victims advocacy for our work on domestic violence.

We would have voted in favor of H. 4502.

Rep. BECKY MEACHAM

Rep. MERITA A. ALLISON

Rep. SANDRA S. WOFFORD

Rep. TROTTER moved that the House do now adjourn.

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

Yeas 53; Nays 32

Those who voted in the affirmative are:

Baxley               Breeland             Brown, H.
Brown, J.            Brown, T.            Byrd
Canty                Carnell              Cato
Clyburn              Cobb-Hunter          Cotty
Dantzler             Easterday            Fleming
Fulmer               Harrell              Harvin
Hines, J.            Inabinett            Keegan
Kelley               Law                  Lloyd
Loftis               Marchbanks           Martin
Mason                McAbee               McCraw
McKay                McMahand             Neal
Quinn                Rice                 Robinson
Scott                Smith, R.            Stille
Thomas               Townsend             Tripp
Trotter              Vaughn               Whatley
Whipper, L.          Whipper, S.          White
Wilder               Wilkins              Witherspoon
Worley               Young-Brickell

Total--53

Those who voted in the negative are:

Bailey               Boan                 Brown, G.
Cain                 Cooper               Davenport
Delleney             Gamble               Govan
Hallman              Harrison             Haskins

Printed Page 2991 . . . . . Wednesday, April 24, 1996

Howard               Jennings             Keyserling
Kinon                Kirsh                Knotts
Lanford              Lee                  Limehouse
McTeer               Neilson              Rhoad
Richardson           Sandifer             Seithel
Sharpe               Sheheen              Spearman
Stuart               Wilkes               

Total--32

So, the motion to adjourn was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4968 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE CONTRIBUTION TO THE SPORT OF WOMEN'S BASKETBALL MADE BY SAUDIA ROUNDTREE OF ANDERSON IN HER INCREDIBLE PLAYING CAREER AT THE UNIVERSITY OF GEORGIA AND IN HER YEARS AT ANDERSON'S WESTSIDE HIGH SCHOOL.

H. 4970 -- Reps. Wilkins, Hodges, Young-Brickell and Cato: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE ACHIEVEMENTS AND CONTRIBUTIONS TO THIS STATE BY ROBERT E. HENDERSON PH.D., PRESIDENT AND DIRECTOR OF THE SOUTH CAROLINA RESEARCH AUTHORITY, ON THE OCCASION OF HIS RETIREMENT AND WISHING HIM WELL IN HIS FUTURE ENDEAVORS.

ADJOURNMENT

At 6:10 P.M. the House in accordance with the motion of Rep. TROTTER adjourned to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2992 . . . . . Thursday, April 25, 1996

Thursday, April 25, 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:

Good and gracious God, from generation to generation the same, make us to see that the priceless wisdom gained yesterday is to be woven into our todays and tomorrows. As custodians of so many, many good blessings, inspire us to be worthy stewards of all that has been entrusted to us. Grant to us a faith that rises above frustration, PATIENCE TO BEAR THE STRAIN OF WAITING, GOOD WILL THAT WILL NOT BE DISCOURAGED, AND FORGIVENESS THAT KNOWS NO MEASURE. Save us from short-sightedness that may bring horror for those who follow us. May we know clearly, and follow faithfully Your will and way.

Hear us, Lord, in this our grateful prayer. 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. STUART moved that when the House adjourns, it adjourn in memory of Hulley (Glen) Shumpert of Pelion, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 24, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3320:

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870, SO AS TO ENACT THE SOUTH


Printed Page 2993 . . . . . Thursday, April 25, 1996

CAROLINA PERSONAL WATERCRAFT AND BOATING SAFETY ACT OF 1996 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

S. 1081--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 24, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1081:

S. 1081 -- Senators Drummond and Giese: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC ENTITIES ELIGIBLE FOR PARTICIPATION IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND THE REQUIREMENTS FOR THIS PARTICIPATION, SO AS TO AUTHORIZE THE WITHHOLDING OF STATE FUNDS OTHERWISE DUE THESE ENTITIES SUFFICIENT TO COVER DELINQUENT PAYMENTS AND TO PROVIDE THE METHOD OF THE WITHHOLDING AND REMITTING OF THESE SUMS TO THE OFFICE OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
Very respectfully,
President

On motion of Rep. H. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. FULMER, LANFORD and P. HARRIS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.


Printed Page 2994 . . . . . Thursday, April 25, 1996

S. 1101--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 25, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 1101:

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
and asks for a Committee of Conference and has appointed Senators Holland, McConnell and Matthews of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. CROMER, HUTSON and FLEMING to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.


Printed Page 2995 . . . . . Thursday, April 25, 1996

REPORTS OF STANDING COMMITTEES

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

S. 1195 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-15 SO AS TO DEFINE THE MISSION OF HIGHER EDUCATION IN SOUTH CAROLINA AND OF EACH TYPE OF PUBLIC INSTITUTION OF HIGHER LEARNING; TO AMEND SECTION 59-103-20, RELATING TO STUDIES OF INSTITUTIONS OF HIGHER LEARNING, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE RESPONSIBLE FOR A COORDINATED, EFFICIENT, AND RESPONSIVE HIGHER EDUCATION SYSTEM IN THIS STATE AND TO PROVIDE FOR THE RESPONSIBILITIES OF THE COMMISSION IN THIS REGARD; TO AMEND THE 1976 CODE BY ADDING SECTION 59-103-30 SO AS TO ESTABLISH CRITICAL SUCCESS FACTORS FOR ACADEMIC QUALITY IN THE INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND THE PERFORMANCE INDICATORS BY WHICH THESE SUCCESS FACTORS CAN BE MEASURED; TO AMEND SECTION 59-103-35, RELATING TO THE SUBMISSION OF THE BUDGETS OF PUBLIC INSTITUTIONS OF HIGHER LEARNING AND THE APPROVAL AND REVIEW OF THE PROGRAMS OF THESE INSTITUTIONS, SO AS TO REVISE THE MANNER IN WHICH THE PUBLIC HIGHER EDUCATION SYSTEM'S ANNUAL BUDGET REQUEST IS DETERMINED AND REVISE THE COMMISSION'S RESPONSIBILITIES WITH REGARD TO AN INSTITUTION'S PROGRAMS; TO AMEND SECTION 59-103-45, RELATING TO THE DUTIES AND FUNCTIONS OF THE COMMISSION ON HIGHER EDUCATION, SO AS TO REQUIRE THE COMMISSION TO DEVELOP STANDARDS FOR AND MEASUREMENT MECHANISMS OF THESE PERFORMANCE INDICATORS, DIRECT THE COMMISSION TO BASE THE HIGHER EDUCATION FUNDING FORMULA ON AN INSTITUTION'S ACHIEVEMENT OF THESE STANDARDS, PERMIT THE COMMISSION TO REDUCE, EXPAND, OR CONSOLIDATE ANY INSTITUTION INCLUDING THOSE WHICH DO NOT MEET THE STANDARDS OF ACHIEVEMENT, AND BEGINNING JULY 1, 1999, TO CLOSE SUCH INSTITUTIONS WHICH DO NOT MEET THESE STANDARDS, REQUIRE THE COMMISSION TO REVIEW AND APPROVE EACH INSTITUTIONAL MISSION STATEMENT, AND ENSURE ACCESS AND EQUITY


Printed Page 2996 . . . . . Thursday, April 25, 1996

OPPORTUNITIES AT EACH INSTITUTION FOR ALL CITIZENS OF THIS STATE; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY BY THE COMMISSION, SO AS TO PROVIDE THAT AN INSTITUTION'S REQUEST FOR NEW OR EXPANDED PROGRAMS MUST BE APPROVED BY THE COMMISSION; BY ADDING SECTION 59-103-65 SO AS TO PROVIDE FOR THE MANNER IN WHICH AN INSTITUTION SHALL BE CLOSED IF AN INSTITUTION BEGINNING JULY 1, 1999, IS CLOSED BY THE COMMISSION; TO AMEND SECTION 59-103-110, RELATING TO APPROVAL OF NEW CONSTRUCTION AT PUBLIC INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AN INSTITUTIONS' FACILITIES AND REAL PROPERTY ACQUISITIONS AND AUTHORIZATIONS ARE APPROVED; TO AMEND CHAPTER 104 OF TITLE 59, RELATING TO INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE, SO AS TO REVISE SUCH PROVISIONS TO INCORPORATE APPROPRIATE REFERENCES TO THE PERFORMANCE INDICATORS FOR ACADEMIC SUCCESS ABOVE-REFERENCED AND REFERENCES TO OTHER DUTIES AND FUNCTIONS CONFERRED ABOVE ON THE COMMISSION; AND TO AMEND SECTION 59-101-350, RELATING TO THE ANNUAL REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BY THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE CONTENTS OF THIS REPORT AND WHAT INSTITUTIONS MUST SUBMIT TO THE COMMISSION FOR PURPOSES OF PREPARING THE REPORT.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

S. 21 -- Senator Mescher: A BILL TO AMEND CHAPTER 29, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION


Printed Page 2997 . . . . . Thursday, April 25, 1996

DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.

Ordered for consideration tomorrow.

Rep. McKAY, from the Florence Delegation, submitted a favorable report, on:

H. 4977 -- Rep. McKay: A BILL TO RESTRICT IN FLORENCE COUNTY THE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS UNDER CERTAIN CONDITIONS AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4978 -- Rep. Harvin: A HOUSE RESOLUTION THANKING MILDRED (MIBBIE) ROGERS OF HOUSE WORD PROCESSING FOR HER DEVOTED SERVICE TO THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.

The Resolution was adopted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1388 -- Senators J. Verne Smith, Fair, Thomas and Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE MISS KIMBERLY MARGARET BOAN OF GREENVILLE FOR BEING ELECTED PRESIDENT OF THE STUDENT BODY OF GREENVILLE HIGH SCHOOL.

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


Printed Page 2998 . . . . . Thursday, April 25, 1996

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1389 -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE BEATRICE JOHNSON SWETT ON THE OCCASION OF HER RETIREMENT AFTER THIRTY-NINE YEARS AS A DEDICATED TEACHER, ADMINISTRATOR, AND INSTRUCTIONAL CONSULTANT.

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

INTRODUCTION OF BILLS

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

H. 4979 -- Reps. Carnell, McAbee, Boan, Hallman and Keegan: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES AND THE DEPARTMENT OF CORRECTIONS.

RULE 5.12 WAIVED

Rep. H. BROWN moved to waive Rule 5.12, which was agreed to by a division vote of 27 to 1.

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

S. 604 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-114 SO AS TO PROVIDE THAT PASSENGER VANS OWNED OR OPERATED BY LOCAL CHAPTERS OF THE NATIONAL FEDERATION OF THE BLIND OF SOUTH CAROLINA MUST BE INSURED FOR MINIMUM AUTOMOBILE INSURANCE COVERAGES AT THE SAME STANDARD RATES AS ANY COMPARABLE PASSENGER VAN OWNED OR OPERATED BY ANY STATE AGENCY, AND REQUIRE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS, RULINGS, OR ORDERS.

Referred to Committee on Labor, Commerce and Industry.


Printed Page 2999 . . . . . Thursday, April 25, 1996

S. 944 -- Senators Greg Smith and Rose: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF GEORGETOWN COUNTY.

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

S. 972 -- Senator Bryan: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.

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

S. 1176 -- Senator Hayes: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.

Referred to Committee on Labor, Commerce and Industry.

CONCURRENT RESOLUTION

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

S. 1391 -- Senator Courtney: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 29, 1996, AT 12:00 NOON, AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEATS 2 AND 4, SO AS TO FILL THE TERMS WHICH EXPIRE AUGUST 31, 1996.

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

That the Senate and House of Representatives meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, May 29, 1996, at 12:00 noon, as the time for electing successors to the members of the


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