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 3800, May 16 | Printed Page 3820, May 21 |
Printed Page 3810 . . . . . Thursday, May 16, 1996
POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 943--POINT OF ORDER

The following Joint Resolution was taken up.

S. 943 -- Senators Waldrep, Wilson, Rose, Elliott, Courson, Reese, Lander, Setzler, Leatherman, Mescher and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE JUDICIAL DEPARTMENT, BY ADDING SECTION 1A SO AS TO PROVIDE THAT NO PERSON WHO HAS BEEN CONVICTED OF A FELONY OR AN ELECTION LAW VIOLATION UNDER STATE OR FEDERAL LAW OR WHO HAS PLED GUILTY OR NOLO CONTENDERE TO AN ELECTION LAW OFFENSE IS ELIGIBLE TO SERVE AS A JUSTICE OF THE SUPREME COURT, AS A JUDGE OF THE COURT OF APPEALS, AS A CIRCUIT COURT JUDGE, OR AS A JUDGE OR MEMBER OF ANY OTHER COURT PROVIDED FOR OR ESTABLISHED BY THE CONSTITUTION OR BY GENERAL LAW THAT IS A PART OF THE UNIFIED JUDICIAL SYSTEM.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

Printed Page 3811 . . . . . Thursday, May 16, 1996
S. 95--POINT OF ORDER

The following Bill was taken up.

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 5027--POINT OF ORDER

The following Joint Resolution was taken up.

H. 5027 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO CONTINUING PROFESSIONAL COMPETENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. KNOTTS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

Printed Page 3812 . . . . . Thursday, May 16, 1996
OBJECTION TO RECALL

Rep. TOWNSEND asked unanimous consent to recall S. 1219 from the Committee on Education and Public Works.

Rep. SHEHEEN objected.

OBJECTION TO RECALL

Rep. JENNINGS asked unanimous consent to recall S. 862 from the Committee on Judiciary.

Rep. COOPER objected.

OBJECTION TO RECALL

Rep. LIMBAUGH asked unanimous consent to recall S. 1047 from the Committee on Judiciary.

Rep. HOWARD objected.

S. 1263--RECALLED FROM THE

COMMITTEE ON AGRICULTURE, NATURAL RESOURCES

AND ENVIRONMENTAL AFFAIRS

On motion of Rep. RISER, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1263 -- Senators Leventis, McGill, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT AND TO MAKE THIS CODE SECTION APPLICABLE TO FOWL; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE

Printed Page 3813 . . . . . Thursday, May 16, 1996
DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO MAKE THIS SECTION INAPPLICABLE TO PERSONS WHO ARE ARRESTED FOR VIOLATING TITLE 47, CHAPTER 1; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
Printed Page 3814 . . . . . Thursday, May 16, 1996
OBJECTION TO MOTION

Rep. KNOTTS asked unanimous consent that S. 378 be read a third time tomorrow.

Rep. KIRSH objected.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4961 -- Reps. Keyserling, Richardson, White, Inabinett, McTeer and Lloyd: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 17 IN BEAUFORT AND COLLETON COUNTIES THE "W. BRANTLEY HARVEY HIGHWAY" FOR THE LATE SENATOR WILLIAM BRANTLEY HARVEY AND FURTHER REQUESTING THE DEPARTMENT TO INSTALL APPROPRIATE MARKERS OR SIGNS.

H. 5030 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING FORT MILL HIGH SCHOOL OF YORK COUNTY ON WINNING THE CLASS AAA BOYS TENNIS STATE CHAMPIONSHIP FOR 1996.

H. 5032 -- Rep. Tucker: A CONCURRENT RESOLUTION TO EXTEND CONDOLENCES AND SYMPATHY TO THE FAMILY AND FRIENDS OF MRS. MARY LUCILLE BALDWIN MARTIN OF ANDERSON, SOUTH CAROLINA WHO DIED SUNDAY, MAY 5, 1996.

H. 5033 -- Rep. Wilder: A CONCURRENT RESOLUTION COMMENDING MR. HAROLD WILLIAMS FOR THIRTY-SIX YEARS OF SERVICE TO LAURENS COUNTY SCHOOL DISTRICT 56 WHICH INCLUDES TWENTY-FOUR YEARS ON THE CLINTON HIGH SCHOOL COACHING STAFF.

H. 5034 -- Rep. Fulmer: A CONCURRENT RESOLUTION CONGRATULATING LARRY D. SHIRLEY OF CHARLESTON ON RECEIVING THE CARROLL H. JONES AWARD FROM THE SOUTH CAROLINA STATE ASSOCIATION OF LIFE UNDERWRITERS, INC.,

Printed Page 3815 . . . . . Thursday, May 16, 1996
IN RECOGNITION OF MR. SHIRLEY'S HIGH STANDARDS AND ACCOMPLISHMENTS AS A LIFE UNDERWRITER.

H. 5035 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. ELIZABETH WOOLBRIGHT OF OCONEE COUNTY AND EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO HER FOR MAKING HER HOME AVAILABLE AS THE POLLING PLACE FOR PROVIDENCE PRECINCT SINCE 1927.

ADJOURNMENT

At 11:30 A.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Robert Hawkins of York, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 3816 . . . . . Friday, May 17, 1996
Friday, May 17, 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:

Almighty God Whose children we are, Whose will we seek to discover, and Whose work we would do, we give You our hearty thanks for the places of service to which You have called us. Be patient with our fumbling ways. May we never shirk a responsibility or leave to others that which we ought to do. Overrule all that is wrong; confirm what is right. Keep us cheerful when things go slow, of a good nature when things are irritating, strong in effort when things are discouraging.

We pray in the Name which is above every name. Amen.

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

ADJOURNMENT

At 10:10 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, May 21.

* * *

Printed Page 3817 . . . . . Tuesday, May 21, 1996
Tuesday, May 21, 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:

Our Father God, always near to all, cultivate within us a thankful uncomplaining heart. Give us boldness to stand for the right, strength for self-discipline, the ability to treat others as we would have them treat us, the gift of silence that we may refrain from hasty speech, the beauty of kindness and forgiveness, taking with us always something of the love of God. Heal those who need healing; make strong the wavering; guide the perplexed; befriend the lonely; give faith and courage to those whose spirits are low.

To You, Lord, we give our praise and 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. CROMER moved that when the House adjourns, it adjourn in memory of Juanita Garner of Columbia, which was agreed to.

REPORT RECEIVED

BANKING AND INSURANCE COMMITTEE

TO: The Clerk of the Senate

The Clerk of the House
FROM: C. Tyrone Courtney, Chairman

Jt. Legislative Screening Committee to Review Candidates

for the SC Consumer Affairs Commission
DATE: May 21, 1996

In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.

Printed Page 3818 . . . . . Tuesday, May 21, 1996
Respectfully submitted,
/s/C. Tyrone Courtney, Chairman
/s/Senator Robert W. Hayes, Jr.
/s/Senator Glenn G. Reese
/s/Senator Dick Elliott
/s/Rep. George Bailey
/s/Rep. James N. Law
/s/Rep. Teddy N. Trotter
/s/Rep. Lucille Whipper

The Screening Process

Pursuant to Act No. 119 of 1975 and Act. No. 181 of 1993, this Committee has considered the qualifications of candidates seeking election to the positions of the South Carolina Consumer Affairs Commission.

The Committee's report includes the Transcript of the Proceedings before the Screening Committee on May 15, 1996. The Transcript does not include all exhibits offered by candidates or witnesses at the hearing because of the length of some exhibits. Exhibits which are not reproduced as a part of the Transcript may be viewed in the Office of the Banking and Insurance Committee (Room 203 of the Gressette Building), since these exhibits were reviewed and considered by the Committee in making its findings.

TRANSCRIPT OF HEARING OF MAY 15, 1996

THE CHAIRMAN: Before us we have two candidates. For Seat
#2, we have Lonnie Randolph, Jr. and for Seat #4, we
have Barbara B. League, and they both are incumbents.
As a formality, I would like to take one at the time.
Do we have any other nominations for Seat #2 at this
time?
MR. BELL: Since this is a public hearing, we should leave
the door open. We have not had anyone that has said
they wanted to ask questions.
THE CHAIRMAN: How are you Ms. League?
MS. LEAGUE: I'm fine, thank you.
THE CHAIRMAN: Ms. League, I'm George Bailey and I've been
asked to chair the Committee for screening. I only
have one question.

Printed Page 3819 . . . . . Tuesday, May 21, 1996
Q: Attendance wise, what is your attendance record at the
meetings?
A: We have had forty-four meetings since I was elected in
'92. I have attended forty-four meetings and I have
attended all four of the orientation meetings for the
new commissioners because our staff goes to a lot of
trouble to put those on.
Q: Do you have any comments, plus or minus, concerning the
South Carolina Consumer Affairs Commission? Do you
feel comfortable with what they are doing?
A: Extremely comfortable. I'm very proud of their work.
THE CHAIRMAN: Does anyone have any questions?
MR. BELL: I have one thing.
THE CHAIRMAN: Okay, counsel.
MR. BELL: I need to swear you in.
BARBARA B. LEAGUE, having been duly sworn, testified as
follows:
MS. LEAGUE - EXAMINATION BY MR. BELL:
Q: Do you affirm that the answers you have provided on the
Personal Data Questionnaire and the Statement of
Economic Interest are true and correct?
A: Yes.
Q: Would you have anything else to add to them at this
time?
A: No. I will be glad to answer any other questions?
Q: Okay. Thank you, ma'am.

PERSONAL DATA QUESTIONNAIRE SUMMARY

1. Barbara B. League

Home Address:Business Address:

823 Altamont Road608 Furman Road

Paris MountainP.O. Box 3626

Greenville, SC 29609-4582 Greenville, SC 29608-3626

2. She was born in Laurens, South Carolina, on September 19, 1940. Her age is presently 55 years old.

Social Security Number: *** ** ****

5. She married G. Frank League, III on December 29, 1962. She has three children. George F. League, IV, age 33, occupation:

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