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

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| Printed Page 780, Feb. 14 | Printed Page 800, Feb. 15 |
Printed Page 790 . . . . . Wednesday, February 14, 1996
The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 2:20 P.M. the House resumed, the SPEAKER in the Chair.

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. 4424 -- Rep. Rice: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF UNITED STATES HIGHWAY 123 IN GREENVILLE COUNTY FROM THE GREENVILLE COUNTY LINE CONTINUING TO PENDLETON STREET IN HONOR OF JOSEPH JEFFERSON WOFFORD "SHOELESS JOE" JACKSON.

H. 4484 -- Rep. Keegan: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1996 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE ON WEDNESDAY, APRIL 24, 1996, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1996 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

H. 4604 -- Rep. R. Smith: A CONCURRENT RESOLUTION TO CONGRATULATE REDCLIFFE ELEMENTARY SCHOOL OF THE AIKEN SCHOOL DISTRICT FOR BEING A REGIONAL WINNER OF THE EIGHTEENTH ANNUAL PALMETTO'S FINEST AWARD, A STATEWIDE AWARD SPONSORED BY THE ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS DIVISION OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, AND TO ENCOURAGE THIS FINE SCHOOL TO CONTINUE THIS PATH OF EXCELLENCE.

H. 4605 -- Reps. Neilson, Baxley and J. Hines: A CONCURRENT RESOLUTION RECOGNIZING THE OUTSTANDING AND

Printed Page 791 . . . . . Wednesday, February 14, 1996
DEDICATED SERVICE OF BESSIE S. GILBERT OF HARTSVILLE AS AN EMPLOYEE OF THE DARLINGTON COUNTY WATER AND SEWER AUTHORITY.

H. 4606 -- Reps. Neilson, Baxley and J. Hines: A CONCURRENT RESOLUTION COMMENDING AND THANKING DOROTHY S. SCARBOROUGH OF LAMAR FOR HER EXEMPLARY AND DEVOTED SERVICE AS A MEMBER AND OFFICER OF THE DARLINGTON COUNTY WATER AND SEWER AUTHORITY.

ADJOURNMENT

At 2:23 P.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Gerald A. Sager of Rock Hill, to meet at 10:00 A.M. tomorrow.

* * *
Printed Page 792 . . . . . Thursday, February 15, 1996
Thursday, February 15, 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:

Almighty God, we bow daily at this alter of prayer lest we be tempted to rely on our own strength alone. We are certain of no refuge other than Him Who is the eternal Rock of ages. Give to all as we assume the challenges of this day such a measure of reliance upon God that no crushing cares or tormenting fears shall ever be able to blind our vision or shatter our faith in Him Who says: "I am with you always." Cause us to see our yesterdays as valuable experiences, may we see each today as a gift, and our every tomorrow as a hope. Teach us to value a conscience void of offense as more valuable than all prizes and pedestals that this world can offer.

Lord, in Your mercy, hear our 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. STODDARD moved that when the House adjourns, it adjourn in memory of Blanche G. Nash of Fountain Inn, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 14, 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. 3307:

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy,

Printed Page 793 . . . . . Thursday, February 15, 1996
Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

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S. 275--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 14, 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. 275:

S. 275 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE BLACK, AND THE SAMPIT RIVERS IN GEORGETOWN COUNTY.
Very respectfully,
President

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

Whereupon, the Chair appointed Reps. WITHERSPOON, RISER and THOMAS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

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

H. 4615 -- Reps. McAbee, Carnell, Klauber and Stille: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LANDER UNIVERSITY MEN'S TENNIS TEAM AND COACHES ON TUESDAY, FEBRUARY 20, 1996, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE NATIONAL TENNIS CROWN.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Lander University men's tennis team and coaches on Tuesday, February 20, 1996, at a time to be determined by the Speaker, for the purpose of being recognized for winning the national tennis crown.

Printed Page 795 . . . . . Thursday, February 15, 1996
The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4616 -- Rep. Kirsh: A HOUSE RESOLUTION REQUESTING THE HONORABLE SANDRA K. MCKINNEY, CLERK OF THE HOUSE OF REPRESENTATIVES, TO COLLECT AND PUBLISH THE PRAYERS OF THE HOUSE CHAPLAIN, THE REVEREND DR. ALTON C. CLARK OF LITTLE MOUNTAIN, DURING THE 1996 SESSION OF THE GENERAL ASSEMBLY AND PROVIDE FOR DISTRIBUTION OF THE CHAPLAIN'S COLLECTED PRAYERS AS DIRECTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, request the Honorable Sandra K. McKinney, Clerk of the House of Representatives, to collect and publish the prayers of the House Chaplain, the Reverend Dr. Alton C. Clark of Little Mountain, during the 1996 session of the General Assembly, in accordance with previous custom and procedure, and that the collected prayers be distributed, following publication, in the manner directed by the Speaker.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4617 -- Reps. McAbee, Carnell, Klauber and Stille: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S TENNIS TEAM OF LANDER UNIVERSITY AND HEAD COACH JOSEPH CABRI ON WINNING THE 1995 NCAA DIVISION II NATIONAL CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

Printed Page 796 . . . . . Thursday, February 15, 1996
CONCURRENT RESOLUTION

The following was introduced:

H. 4618 -- Rep. Stuart: A CONCURRENT RESOLUTION TO COMMEND THE SOUTH CAROLINA TREE FARM PROGRAM FOR ITS CONTRIBUTIONS TO THE ENHANCEMENT OF THE FORESTS OF THIS STATE AND THE ENVIRONMENT OF WHICH FORESTLANDS ARE A PART.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4619 -- Reps. Sharpe, Riser, Rhoad, and Witherspoon: A CONCURRENT RESOLUTION COMMENDING SOUTH CAROLINA'S FFA MEMBERS, THEIR ADVISORS, SCHOOL ADMINISTRATORS, PARENTS, AND ALL WHO SUPPORT AND ENCOURAGE THESE STUDENTS OF NATURAL, ENVIRONMENTAL, AND AGRICULTURAL RESOURCES EDUCATION ON THE OCCASION OF THE CELEBRATION OF NATIONAL FFA WEEK, FEBRUARY 17-24, 1996.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1143 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE MR. WILLIAM M. THWEATT, JR., UPON HIS BEING NAMED "NORTH AUGUSTA CITIZEN OF THE YEAR" FOR 1995 BY THE NORTH AUGUSTA CHAMBER OF COMMERCE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1144 -- Senator Moore: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE

Printed Page 797 . . . . . Thursday, February 15, 1996
GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. BARBARA G. BURRISS OF NORTH AUGUSTA UPON HER DEATH.

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

INTRODUCTION OF BILLS

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

H. 4620 -- Reps. Harvin, Felder, Stoddard, Simrill, G. Brown, McKay, Walker, Askins, R. Smith, S. Whipper, Meacham, Littlejohn, Clyburn, J. Young, L. Whipper, Limehouse, Whatley, Wright, Limbaugh, McElveen, Riser and Wells: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO SUBMIT A REPORT TO THE GENERAL ASSEMBLY FOR ITS APPROVAL CONTAINING PROPOSALS FOR THE DISPOSITION OF THESE ASSETS PRIOR TO THE SALE OF REAL PROPERTY ALONG THE SHORES OF LAKES MARION AND MOULTRIE.

Referred to Committee on Labor, Commerce and Industry.

H. 4621 -- Rep. G. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-305 SO AS TO REQUIRE AN AUTOMOBILE INSURER TO PROVIDE PRIOR WRITTEN NOTICE TO ITS INSURED OF THE INTENTION TO PAY A CLAIM OF ANOTHER PERSON UNDER THE POLICY COVERING THE INSURED.

Referred to Committee on Labor, Commerce and Industry.

H. 4622 -- Rep. Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-35-825 SO AS TO EXEMPT FROM PROCEEDINGS TO ENFORCE A JUDGMENT LIEN IN FAVOR OF ANOTHER STATE OR POLITICAL SUBDIVISION OF A STATE ON PROPERTY IN THIS STATE FOR FAILURE TO PAY THAT STATE'S OR POLITICAL SUBDIVISION'S INCOME TAX ON BENEFITS RECEIVED UNDER A PENSION OR OTHER RETIREMENT PLAN, TO PROVIDE THAT SUCH A JUDGMENT MUST NOT BE A LIEN ON ANY PROPERTY OWNED BY A RESIDENT OF THIS STATE, AND TO PROVIDE DEFINITIONS.

Referred to Committee on Ways and Means.

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H. 4623 -- Reps. Jaskwhich, Herdklotz, Easterday, Walker, Trotter, Littlejohn, McMahand, Tripp and Elliott: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.

Referred to Committee on Judiciary.

H. 4624 -- Reps. McKay, Sharpe, Limbaugh, Wells, Spearman and Askins: A BILL TO AMEND TITLE 48, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-65 SO AS TO AUTHORIZE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS ONLY UNDER CERTAIN CONDITIONS; AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.

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

H. 4625 -- Reps. Phillips and McCraw: A BILL TO AMEND ACT 587 OF 1992, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF CHEROKEE COUNTY SCHOOL DISTRICT 1, SO AS TO REVISE THE DATES OF THE FILING PERIOD WHEN CANDIDATES MAY FILE WRITTEN DECLARATIONS OF CANDIDACY.

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

H. 4626 -- Reps. Fleming and Wilder: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF JANUARY 9 AND 12, 1996, MISSED BY STUDENTS OF THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED

Printed Page 799 . . . . . Thursday, February 15, 1996
DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. FLEMING, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4627 -- Reps. Cato, J. Brown, H. Brown, Boan, Vaughn, Wright, Tripp and Lanford: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 SO AS TO REENACT THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS PREVIOUSLY PROVIDED FOR IN CHAPTER 1 OF TITLE 40; TO AMEND TITLE 40, CHAPTER 1, AS AMENDED, RELATING TO THE REGULATION OF CERTIFIED PUBLIC ACCOUNTANTS AND PUBLIC ACCOUNTANTS, SO AS TO DELETE ALL PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR THE POWERS AND DUTIES COMMON TO ALL OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 73, TITLE 40, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.

Referred to Committee on Labor, Commerce and Industry.

H. 4628 -- Reps. Davenport, Wofford, Hutson, Quinn, Sharpe and Wells: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL STATUS OF CHILDREN, BY ADDING SUBARTICLE 2 TO ENACT THE PARENTAL RIGHTS AND RESPONSIBILITIES ACT OF 1996, SO AS TO ESTABLISH THE RIGHTS OF PARENTS IN DIRECTING THE UPBRINGING OF THEIR CHILDREN, TO PROHIBIT THE STATE FROM INTERFERING IN THIS RIGHT, TO ALLOW A PARENT TO RAISE A VIOLATION OF THIS SUBARTICLE AS A CLAIM OR DEFENSE, TO PROVIDE FOR ATTORNEY'S FEES WHEN A PARENT PREVAILS, AND TO EXEMPT CERTAIN ACTIONS BETWEEN PARENTS.

Referred to Committee on Judiciary.

H. 4629 -- Reps. Davenport and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-275 TO ENACT THE RELIGIOUS RIGHTS OF STUDENTS ACT SO AS TO PROVIDE FOR CERTAIN RELIGIOUS

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RIGHTS THAT A PUBLIC SCHOOL STUDENT MAY EXERCISE, TO REQUIRE A WRITTEN REPRIMAND FOR A FIRST VIOLATION BY AN EMPLOYEE WHO PREVENTS OR INTERFERES WITH THE EXERCISE OF THESE RIGHTS, AND TO REQUIRE TERMINATION OF THE EMPLOYEE FOR ANY SUBSEQUENT VIOLATIONS.

Referred to Committee on Education and Public Works.

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