Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 460, Feb. 7 | Printed Page 480, Feb. 7 |

Printed Page 470 . . . . . Tuesday, February 7, 1995

H. 3019 -- Reps. Simrill, Cato, Walker, Meacham, Kirsh, Stille, Kelley, Richardson, Gamble, Phillips, Spearman, Robinson, Riser and Shissias: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION OR USE OF A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE PENALTY FOR VIOLATION.

Read the first time and referred to the Committee on Transportation.

H. 3051 -- Reps. Vaughn and Lloyd: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REGISTRATION FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO PROVIDE THAT THE FEE OF TEN DOLLARS ANNUALLY IS AUTHORIZED FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER WHO LEASES A VEHICLE.

Read the first time and referred to the Committee on Transportation.

H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.

Read the first time and referred to the Committee on Education.

H. 3090 -- Reps. Cromer and Stille: A BILL TO AMEND SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN MAGISTRATE'S COURT, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.

Read the first time and referred to the Committee on Judiciary.

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL


Printed Page 471 . . . . . Tuesday, February 7, 1995

TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWSOF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

Read the first time and referred to the Committee on Judiciary.

H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

Read the first time and referred to the Committee on Finance.

H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.

Read the first time and referred to the Committee on Judiciary.

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF


Printed Page 472 . . . . . Tuesday, February 7, 1995

VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.

Read the first time and referred to the Committee on Judiciary.

H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

Read the first time and referred to the General Committee.

H. 3148 -- Reps. Davenport, Walker, Allison, Vaughn, Simrill, Inabinett, Lloyd and T. Brown: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.

Read the first time and referred to the Committee on Education.

H. 3164 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Baxley, Lloyd and Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF


Printed Page 473 . . . . . Tuesday, February 7, 1995

LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

Read the first time and referred to the Committee on Judiciary.

H. 3165 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Klauber, Cotty, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Hines, Stuart, Baxley, Clyburn, Lloyd and Cotty: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

Read the first time and referred to the Committee on Judiciary.

H. 3178 -- Reps. Meacham, Cato, Walker, Allison, Delleney, Knotts, Law, Richardson, Herdklotz, Robinson, Seithel and Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-443 SO AS TO PROVIDE THAT ALL SCHOOLS SHALL PROVIDE FOR A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY.

Senator PEELER spoke on the Bill.

Read the first time and referred to the Committee on Education.

H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A


Printed Page 474 . . . . . Tuesday, February 7, 1995

PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERSOF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

Read the first time and referred to the Committee on Fish, Game and Forestry.

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

Read the first time and referred to the Committee on Finance.

H. 3405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO DISQUALIFICATION AND SUSPENSION FROM PARTICIPATION IN CONTRACTS WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1772, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Transportation.

H. 3441 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO ADMINISTRATIVE CHANGES IN PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1780, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Read the first time and referred to the Committee on Judiciary.

H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION


Printed Page 475 . . . . . Tuesday, February 7, 1995

TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.

Whereas, the Tenth Amendment to the Constitution for the United States reads as follows:
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and

Whereas, the scope of power defined by the Tenth Amendment means that the federal government was created by the States specifically to be the agent of the States; and

Whereas, today in 1994 the States are demonstrably treated as agents of the federal government; and

Whereas, many federal mandates are directly in violation of the Constitution for the United States; and

Whereas, the United States Supreme Court has ruled in New York v. United States, 112 S.Ct. 2408 (1992), that the Congress may not simply commandeer the legislative and regulatory processes of the States; and

Whereas, a number of proposals from previous administrations and some now pending from the present administration and from Congress may further violate the United States Constitution. Now, therefore,

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

That: (1) The State of South Carolina hereby claims sovereignty under the Tenth Amendment to the Constitution for the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution for the United States.

(2) All government agencies, quasi-government agencies, their agents and employees operating within the geographic boundaries of the State of South Carolina, or all government agencies, their agents and employees whose actions have effect on the inhabitants or lands or waters of the State of South Carolina, shall operate within the confines of the original intent of the Constitution for the United States or be subject to penalty of law as provided for now or in the future within the Constitution for the State of South Carolina, the South Carolina Statutes, or the Common Law as guaranteed by the Constitution for the United States.

(3) This resolution serves as Notice and Demand to our agent, i.e., the federal government, effective immediately, to cease and desist from mandates which exceed the scope of its constitutionally delegated powers. Such powers are limited and defined by Article I, Section 8 of the Constitution for the United States as follows:

"The ... power to lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general


Printed Page 476 . . . . . Tuesday, February 7, 1995

Welfare of the United States; but all Duties, Imposts, and Excises shall be uniform throughout the United States;

To borrow Money on the Credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the punishment of Counterfeiting the Securities and current Coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the Supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the Discipline prescribed by Congress;

To exercise exclusive legislation in all Cases whatsoever, over such District (not exceeding ten miles square), as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like authority over all Places purchased by the Consent of the Legislature of the State in which the same shall be, for the erection of Forts, Magazines and Arsenals, dock yards, and other needful buildings; -- And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this


Printed Page 477 . . . . . Tuesday, February 7, 1995

Constitution in the Government of the United States, or in any Department or Officer thereof."

Be it further resolved that copies of this resolution be sent to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, and each member of South Carolina's Congressional Delegation, all at Washington, D.C., and to the Speaker of the House and the President of the Senate of the other forty-nine States of the Union.

Referred to the Committee on Judiciary.

H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.

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

That the Honorable William M. Detweiler, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:30 P.M. on Wednesday, March 22, 1995.

Referred to the Committee on Invitations.

H. 3458 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to a current population of 139,000 people; and

Whereas, the total property value has doubled in York County over the last seven years, and the total estimated valuation rose to a record amount last year exceeding 187 million dollars; and

Whereas, gross retail sales in York County have nearly doubled since 1986, and increased over twenty-one percent during the past two years to an estimated 2 billion dollars last year; and

Whereas, a total of seven new companies, some nationally known, announced plans to locate to York County in 1995, providing a total investment of 20.5 million dollars; and eight existing industries expanded last year for a total investment of 19 million dollars; and


Printed Page 478 . . . . . Tuesday, February 7, 1995

Whereas, a total of 1,318 new jobs were created in York County last year; and

Whereas, the total number of hotel rooms available for travel and tourism in York County increased over twenty-seven percent last year, and accommodation tax collections have increased over seventeen percent from last year. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments by declaring February 28, 1995, "York County Day".

Referred to the Committee on Invitations.

RECALLED AND ADOPTED

H. 3458 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".

Senator HAYES asked unanimous consent to make a motion to recall the Resolution from the Committee on Invitations.

There was no objection.

On motion of Senator HAYES, with unanimous consent, the Resolution was taken up for immediate consideration.

Adopted

H. 3458 -- Reps. Kirsh, Meacham, Simrill, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING FEBRUARY 28, 1995, "YORK COUNTY DAY".

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3488 -- Reps. McElveen, G. Brown, Canty, Neal and J. Young: A CONCURRENT RESOLUTION CONGRATULATING EDWARD S. ERVIN, III, OF SUMTER COUNTY ON THE HONOR BESTOWED UPON HIM BY FRANCIS MARION UNIVERSITY WHEREIN THE UNIVERSITY HAS NAMED ITS DINING HALL FOR HIM.

The Concurrent Resolution was adopted, ordered returned to the House.


Printed Page 479 . . . . . Tuesday, February 7, 1995

H. 3492 -- Reps. L. Whipper, Breeland, Dantzler, Fulmer, Hallman, Harrell, Hutson, Inabinett, Limehouse, Seithel, Whatley and S. Whipper: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE D. N. HOLT, JR., FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3494 -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ALEX CHATMAN OF WILLIAMSBURG COUNTY FOR HIS MANY YEARS OF OUTSTANDING SERVICE AS CHAIRMAN OF THE WILLIAMSBURG COUNTY COUNCIL AND AS COUNTY SUPERVISOR.

The Concurrent Resolution was adopted, ordered returned to the House.

H. 3495 -- Reps. McElveen, J. Young, G. Brown, Canty and Neal: A CONCURRENT RESOLUTION CONGRATULATING THE SUMTER COUNTY REGISTER OF MESNE CONVEYANCE DEPARTMENT ON BEING CHOSEN TO RECEIVE AN AWARD OF ACHIEVEMENT FROM THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY.

The Concurrent Resolution was adopted, ordered returned to the House.

REPORTS OF STANDING COMMITTEE

Invitations Accepted

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Student Legislature to attend a reception in the Lower Lobby - State House on Tuesday, February 21, 1995, immediately upon adjournment and lasting until 2:00 P.M.

Poll of the Invitations Committee

Ayes 7; Nays 0; Not Voting 3

AYES

Courson           Wilson           Thomas
Patterson O'Dell Passailaigue
Rose

TOTAL--7


NAYS

TOTAL--0

NOT VOTING

Peeler Matthews Russell

TOTAL--3


| Printed Page 460, Feb. 7 | Printed Page 480, Feb. 7 |

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