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Printed Page 3140, Apr. 30
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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:
Eternal God, Who has spoken to Your people at creation, from Mt. Sinai and from the Light at Bethlehem, speak to us Your truths for our present age. Grant to us clean thoughts and words and worthy motives. And since this new day is an unearned gift from Your good and gracious hand, enable us to use each moment of it well. Lead us as we evaluate options, reconcile differences. Keep us from wasting time on the wrong things or on things that do not matter. From the beginning of this day to the end of it help us fervently "to do justly, to love mercy, and to walk humbly with our God."
Look with favor, Lord, upon this our prayer offered in thanksgiving. 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.
Rep. WALKER moved that when the House adjourns, it adjourn in memory of Walter S. Montgomery, Sr. of Spartanburg, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1054 -- Senators J. Verne Smith, Drummond, Hayes, Elliott and Glover: A BILL TO AMEND SECTION 6-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF A PETITION PRIOR TO THE ACQUISITION OF A PROJECT BY A JOINT AGENCY, SO AS TO FURTHER ALLOW THE PUBLIC
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1033 -- Senator Jackson: A BILL TO AMEND SUBARTICLE 7, ARTICLE 9, CHAPTER 7, TITLE 20, RELATING TO THE DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1331, SO AS TO ENACT THE "YOUTH MENTOR ACT", TO REQUIRE THE ATTORNEY GENERAL TO ESTABLISH A YOUTH MENTOR PROGRAM, CONSISTING OF A CHURCH
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.
Ordered for consideration tomorrow.
S. 1278 -- Senator Holland: A BILL TO AMEND SECTION 1-7-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA CRIMINAL JUSTICE ACADEMY AS A MEMBER OF THE COMMISSION, AND TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY SHALL SERVE AS A MEMBER OF THE COMMISSION IN HIS PLACE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 1345 -- Senator McConnell: A BILL TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4984 -- Rep. Hutson: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA ON THE SELECTION OF MR. WAYNE P. VAN VRANKEN OF SUMMERVILLE AS THE "1996 OUTSTANDING OLDER SOUTH CAROLINIAN" BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING, AND TO PUBLICLY RECOGNIZE HIM ON WEDNESDAY, MAY 15, 1996, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THIS OUTSTANDING HONOR.
The Resolution was adopted.
The following was introduced:
H. 4985 -- Rep. Witherspoon: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MARION T. BURNSIDE OF HOPKINS, RICHLAND COUNTY, MEMBER AT LARGE OF THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES BOARD, FOR BEING NAMED A 1996 JEFFERSON AWARD RECIPIENT IN RECOGNITION OF HIS OUTSTANDING PUBLIC SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 4986 -- Rep. Fleming: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-325 SO AS TO PROVIDE THAT IF LEGAL NOTICE OR PROCESS IS REQUIRED OR PERMITTED BY LAW TO BE PUBLISHED OR SERVED BY PUBLICATION, THE MEANS OF PUBLICATION INCLUDE RADIO OR TELEVISION BROADCAST AND TO REQUIRE THE SUPREME COURT BY RULE TO PROVIDE FOR THE MANNER OF SUCH PUBLICATION.
Referred to Committee on Judiciary.
S. 163 -- Senators Leventis, Wilson, Rose, Hayes and Passailaigue: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Anderson Askins Baxley Boan Breeland Brown, H. Cain Carnell Cato
Cave Chamblee Clyburn Cobb-Hunter Cooper Cromer Dantzler Delleney Easterday Fleming Fulmer Gamble Govan Harrell Harris, J. Harris, P. Hines, J. Hines, M. Hodges Howard Hutson Jaskwhich Jennings Keegan Kelley Kinon Kirsh Koon Lee Limbaugh Limehouse Littlejohn Lloyd Loftis Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Phillips Richardson Riser Robinson Sandifer Scott Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Tucker Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Worley Young Young-BrickellSTATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Wednesday, May 1. Teddy N. Trotter James S. Klauber Harry M. Hallman, Jr. David A. Wright Sandra S. Wofford William D. Keyserling J.M. Knotts, Jr. James N. Law Steve P. Lanford Rex Fontaine Rice Joe E. Brown John G. Felder J. Gary Simrill William F. Cotty Theodore A. Brown Grady A. Brown Lewis R. Vaughn George H. Bailey Merita A. Allison James H. Harrison Ralph W. Canty Richard M. Quinn, Jr.
L. Morgan Martin Alma W. Byrd
G. Ralph Davenport, Jr. Timothy F. Rogers
Denny W. Neilson C. Alex Harvin III
Joseph T. McElveen, Jr. Lynn Seithel
The SPEAKER granted Reps. ALLISON and VAUGHN a temporary leave of absence.
I signed in late at 10:14 A.M. because I was involved in Criminal Laws Subcommittee Re: Omnibus Highway Safety Act, since 9:00 A.M. this morning.
Rep. J.M. KNOTTS, JR.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 30.
Announcement was made that Dr. John Rowell of Greenville is the Doctor of the Day for the General Assembly.
Rep. WILKES, on behalf of the Fairfield Delegation, presented to the House the Richard Winn Academy Football Team, winners of the 1995 SCISA AA State Championship, their coaches and other school officials.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
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.
The following Bill was taken up.
S. 972 -- Senator Bryan: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE LAURENS COUNTY TRANSPORTATION COMMITTEE.
Rep. McABEE, with unanimous consent, proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2496JM.96), which was adopted.
Amend the bill, as and if amended, page 1, by striking line 30 and inserting:
/SECTION 3. The provisions of this act apply in like manner to McCormick, Greenwood, and Abbeville Counties.
SECTION 4. This act takes effect upon approval by the Governor./
Rep. McABEE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The following Bill was taken up.
S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.
Rep. R. SMITH proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9342AC.96), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, the City of Aiken may not, by ordinance or otherwise, impose upon a customer
(1) extended water, sewer, or fire protection services to the customer, pursuant to a contractual agreement which did not contain a clause or provision prohibiting the customer from opposing annexation if such property becomes contiguous to the City of Aiken; or
(2) extended such services to the customer under any circumstances without any specific agreement with respect to annexation.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. R. SMITH explained the amendment.
The amendment was then adopted.
Rep. R. SMITH moved to adjourn debate upon the Bill until Thursday, May 16, which was adopted.
Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.
H. 4251 -- Rep. Hodges: A BILL TO AMEND SECTIONS 56-5-6520, 56-5-6530, AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF SAFETY BELTS, SO AS TO MAKE A DRIVER RESPONSIBLE FOR REQUIRING EACH OCCUPANT OF A MOTOR VEHICLE UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR ANOTHER CHILD RESTRAINT SYSTEM, TO CREATE THE OFFENSE OF FAILURE TO SECURE A SAFETY BELT ON A MINOR, TO PROVIDE FOR PENALTIES AND EXCEPTIONS TO THIS OFFENSE, TO REVISE THE PROVISIONS WHICH EXCLUDE CERTAIN OCCUPANTS FROM WEARING A SAFETY BELT, TO REVISE THE PENALTIES FOR VIOLATING THE MANDATORY USE OF SAFETY BELT REQUIREMENT, AND TO ALLOW A LAW ENFORCEMENT OFFICER TO STOP A DRIVER AND ISSUE A CITATION FOR A VIOLATION OF THIS REQUIREMENT.
Rep. JENNINGS moved to adjourn debate upon the following Bill until Tuesday, May 7, which was adopted.
H. 4245 -- Reps. Jennings, J. Harris, Kinon, Baxley, Martin and Thomas: A BILL TO RECOGNIZE THE CHICORA-WACCAMAW INDIAN TRIBE AND THE PEE DEE INDIAN TRIBE AS INDIAN TRIBES OF SOUTH CAROLINA REPRESENTING THE CHICORA-WACCAMAW INDIAN PEOPLE AND THE PEE DEE INDIAN PEOPLE RESPECTIVELY, AND TO CONFER UPON THEM SUCH RIGHTS AND PRIVILEGES AS ARE PROVIDED BY LAW TO INDIAN TRIBES OF THIS STATUS.
The following Bill was taken up.
H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty, Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.
Rep. STILLE explained the Bill.
Reps. S. WHIPPER, CAVE, SCOTT, BREELAND and CAIN objected to the Bill.
The ACTING SPEAKER HARRELL granted Rep. P. HARRIS a leave of absence for the remainder of the day.
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