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 930, Feb. 22 | Printed Page 950, Feb. 26 |

Printed Page 940 . . . . . Thursday, February 22, 1996

SPEAKER IN CHAIR

The question then recurred to the motion to reconsider, which was agreed to.

Rep. D. SMITH moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4654 -- Reps. Tucker and Carnell: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THOMAS M. CAMAK, SR., OF ANDERSON, FORMERLY OF WARE SHOALS, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

H. 4664 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF KEVIN MORRIS OF ANDERSON


Printed Page 941 . . . . . Thursday, February 22, 1996

COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

H. 4665 -- Reps. Tucker, Carnell, McAbee and Chamblee: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF HERMAN HAYNIE OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

ADJOURNMENT

At 11:55 A.M. the House in accordance with the motion of Rep. KNOTTS adjourned in memory of Lowell C. Spires, Sr. of West Columbia, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 942 . . . . . Friday, February 23, 1996

Friday, February 23, 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:

O Lord our God, we thank You for this good Country and for Your providential care of it from generation to generation. We are grateful for our freedoms. We thank You for things that endure all change: beauty, goodness, truth. Sharpen our minds, quicken our energies in tasks great and small that we may help shape the future in the pattern of Your will. Make wise our thoughts, and guide our actions. And may we find our supreme joy in work well done, our chief reward in the doing of Your will.

Hear, we pray, the spoken and the unuttered prayers that we offer and answer them according to Your plans and purposes. Amen.

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

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4646 -- Reps. Limehouse, Hallman, Whatley, Seithel and Harrell: A BILL TO TRANSFER THE ASSETS AND LIABILITIES OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT TO THE GOVERNING BODY OF CHARLESTON COUNTY UPON A FAVORABLE REFERENDUM OF THE QUALIFIED ELECTORS OF THE DISTRICT; AND REPEAL ACT 1069 OF 1968, RELATING TO THE CREATION OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT UPON THE TRANSFER OF ITS ASSETS AND LIABILITIES.

H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED


Printed Page 943 . . . . . Friday, February 23, 1996

TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.

H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.

H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 804 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

S. 596 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.


Printed Page 944 . . . . . Friday, February 23, 1996

ADJOURNMENT

At 10:20 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 11:00 A.M., Monday, February 26 in Statewide Session.

* * *


Printed Page 945 . . . . . Monday, February 26, 1996

Monday, February 26, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

As we enter, Lord, into a week of activities that affect many, many people, we ask for a double portion of Your wisdom that the fruits of our efforts may be altogether pleasing to You and for the good of our citizens. Make us strong of character knowing always that what you do shows who you are, and who you are determines what you do. Keep our goals high and diligent in accomplishing these goals fully aware that an ounce of accomplishments is worth a ton of good intentions. So make us stronger each day for if we are to know the strength of the anchor we must know the strength of the storm.

Bless us then, Lord God, and forbid that we should become weary in well doing. 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. HODGES moved that when the House adjourns, it adjourn in memory of Marion O. Boan, father of Rep. BILLY BOAN of Kershaw, which was agreed to.


Printed Page 946 . . . . . Monday, February 26, 1996

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1915
Promulgated By Department of Health and Environmental Control
Amendment of R. 61-98, State Underground Petroleum Environmental Response Bank (SUPERB) Site Rehabilitation and Fund Access Regulation
Received By Speaker February 22, 1996
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 21, 1996 (Subject to Sine Die Revision)

HOUSE RESOLUTION

On motion of Rep. YOUNG-BRICKELL, with unanimous consent, the following was taken up for immediate consideration.

H. 4667 -- Rep. Wilkins: A HOUSE RESOLUTION TO GRANT SPECIAL LEAVE OF THE HOUSE OF REPRESENTATIVES TO ADMIT ASSISTANTS TO THE MAJORITY AND MINORITY LEADERS AND THE STAFF DIRECTOR OF THE LEGISLATIVE BLACK CAUCUS TO THE FLOOR OF THE HOUSE DURING THE 1996 REGULAR SESSION OF THE GENERAL ASSEMBLY AND DURING ANY SPECIAL SESSION WHICH MAY BE CALLED IN 1996.

Be it resolved by the House of Representatives:

That in accordance with the provisions of Rule 10.1 of the Rules of the House of Representatives, Carol Leyes, Assistant to the Majority Leader; Virginia Crocker-Lloyd, Assistant to the Minority Leader; and Gwen Bynoe, Staff Director of the Legislative Black Caucus, are granted special leave of the House to be admitted in the outer doors of the Chamber, in the Hall, and upon the Floor of the House of Representatives at any time during the regular 1996 session of the General Assembly and for any special session of the General Assembly which may be ordered in 1996.

The Resolution was adopted.


Printed Page 947 . . . . . Monday, February 26, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4668 -- Reps. Spearman, Quinn, Wilkins, Wilkes, G. Brown, Kirsh, Sandifer, Inabinett, Scott, Allison, Walker, Waldrop, Stuart, Stille, Young-Brickell, Neal, Cromer, Shissias, Lloyd, Byrd, Baxley, J. Brown and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE LYNDON AMICK OF BATESBURG FOR WINNING THE DAYTONA USA 200 STOCK CAR RACE HELD ON FRIDAY, FEBRUARY 16, 1996, WHICH AT THE AGE OF EIGHTEEN MAKES HIM THE YOUNGEST DRIVER EVER TO WIN A NASCAR RACE AT DAYTONA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4669 -- Reps. Koon, Knotts, Witherspoon, Whatley, Wright, Seithel, Simrill, Tripp, Meacham, Littlejohn, Fulmer, Riser and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ASSIGN TO A SPECIFIED JUDGE A RECENT RAPE CASE INVOLVING STUDENTS AT A SOUTH CAROLINA PUBLIC INSTITUTION OF HIGHER LEARNING.

The Concurrent Resolution was ordered referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1171 -- Senator Peeler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ROBERT EUGENE HOPPER OF YORK COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.

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


Printed Page 948 . . . . . Monday, February 26, 1996

INTRODUCTION OF BILLS

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

H. 4670 -- Reps. Allison, Neal, G. Brown, Inabinett, Sandifer, McKay, J. Hines, Meacham, Cain, Wells, L. Whipper, Vaughn, Simrill, Lee, Waldrop, Herdklotz, Davenport, Byrd, Rice, Littlejohn, Rhoad, Lloyd, J. Brown, Haskins, Wilkes and Spearman: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL NEGLECT OF CHILDREN AND HELPLESS PERSONS, SO AS TO EXPAND THE CATEGORIES OF PERSONS CARING FOR CHILDREN AND HELPLESS PERSONS WHO ARE SUBJECT TO THIS SECTION.

Referred to Committee on Judiciary.

H. 4671 -- Reps. Seithel and Fleming: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, TO ENACT THE "HEALTH CARE CLAIM RECOVERY ACT" BY ADDING CHAPTER 17 SO AS TO PROVIDE FOR A LIEN FOR THE RECOVERY OF THE COST OF MEDICAL SERVICES RENDERED AND TO PROVIDE PROCEDURES FOR PERFECTING, CHALLENGING, AND ENFORCING THE LIEN.

Referred to Committee on Labor, Commerce and Industry.

H. 4672 -- Reps. Inabinett, Loftis, Cobb-Hunter, Neal, Vaughn, Lloyd, Meacham, Littlejohn, J. Hines, Breeland, Simrill, S. Whipper, Herdklotz, White, Govan, Clyburn, L. Whipper, Jaskwhich, Waldrop, Williams, Byrd, Haskins, J. Brown, Tripp and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE A LIMIT ON INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY DUE TO COUNTYWIDE REASSESSMENT PROGRAMS WHILE THE PROPERTY IS OCCUPIED BY THE SAME OWNER OR THAT OWNER'S SPOUSE, TO PROVIDE EXCEPTIONS, AND TO GIVE THIS PROVISION RETROACTIVE EFFECT IN CERTAIN INSTANCES WITHOUT ANY PROVISION FOR REFUNDS IN THESE LIMITED CASES.

Referred to Committee on Ways and Means.


Printed Page 949 . . . . . Monday, February 26, 1996

H. 4673 -- Rep. Sharpe: A BILL TO AMEND SECTION 8-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTION FOR INSURANCE PREMIUMS FROM AN EMPLOYEE'S COMPENSATION, SO AS TO INCLUDE PREMIUMS FOR PREPAID LEGAL INSURANCE.

Referred to Committee on Labor, Commerce and Industry.

H. 4674 -- Reps. Harrison, Cromer, Knotts, Rogers, Thomas, Jennings, Harvin, Seithel, Richardson, J. Harris and J. Young: 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 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


Printed Page 950 . . . . . Monday, February 26, 1996

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".

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


| Printed Page 930, Feb. 22 | Printed Page 950, Feb. 26 |

Page Finder Index