South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, APRIL 19, 1995

Wednesday, April 19, 1995
(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:

Eternal God, with a profound sense of Your majesty and mercy, we approach Your throne of grace to pledge our allegiance to Your divine will. Grant that in the hushed and holy moment of this prayer, we may find our hearts and minds quickened and strengthened for the duties and responsibilities of this day in the great adventure of faith in God. Teach us to live in confidence and calmness, in patience and perseverance, trusting always in Your guidance. Enrich our lives with charity and good will which never fails, forgets or forsakes.

We make our prayer to our God Who is the same yesterday, today and always. 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. HASKINS moved that when the House adjourns, it adjourn in memory of Helen G. Felder of St. Matthews, which was agreed to.

REGULATION RECEIVED

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

Document No. 1861
Promulgated By Board of Education
Invalidation of Credentials (Repeal)
Received By Speaker April 13, 1995
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 19, 1996

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1801
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Municipal Solid Waste Processing Facilities
Received by Speaker January 16, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 16, 1995
Revised Expiration Date May 21, 1995
Committee Request Withdrawal April 14, 1995
Withdrawn and Resubmitted April 18, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3361:
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference (H. 3361) having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification.
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President

Received as information.

S. 662--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon the amendments proposed by the Senate and it has appointed Senators Passailaigue, McConnell and Washington of the Committee of Conference on the part of the Senate on S. 662:
S. 662 -- Senators Passailaigue, McConnell, Rose, Washington, Ford, Richter and Greg Smith: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEVELOPMENT AUTHORITIES, SO AS TO REVISE THE MEMBERSHIP OF A REDEVELOPMENT AUTHORITY BOARD AND ITS POWERS, DUTIES, AND RESPONSIBILITIES.
Very respectfully,
President

Whereupon, the Chair appointed Reps. FULMER, A. YOUNG and LAW to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

R. 22, S. 294--GOVERNOR'S VETO RECEIVED
MESSAGE FROM THE SENATE

Columbia, S.C., April 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 22, S. 294 by a vote of 43 to 0.
(R22) S. 294 -- Senator Land: AN ACT TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.
Very respectfully,
President

The Speaker ordered the message printed in the Journal.

REPORTS OF STANDING COMMITTEES

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3676 -- Reps. Trotter, Meacham, Hutson, P. Harris, L. Whipper, Cooper, Townsend, Simrill, Tripp, Cain, Hines, S. Whipper, Neilson, Kirsh, Limehouse, Anderson, Robinson, Breeland, Rice, Chamblee, Marchbanks, Easterday, Stoddard, Waldrop, Spearman and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CIRCUMSTANCES IN SCHOOL SETTINGS UNDER WHICH A SEALANT MAY BE APPLIED AND A PROPHYLAXIS PERFORMED BY A DENTAL HYGIENIST.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3711 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-105 SO AS TO AUTHORIZE, UPON CERTIFICATION AND SUPERVISION, DENTAL HYGIENISTS AND EXPANDED DUTY DENTAL ASSISTANTS TO MONITOR NITROUS OXIDE ANESTHESIA.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3712 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO PROVIDE THAT UPON CERTIFICATION AND UNDER THE SUPERVISION OF A DENTIST A DENTAL HYGIENIST MAY ADMINISTER INFILTRATION ANESTHESIA.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3123 -- Reps. R. Smith and Kelley: A BILL TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND LICENSE PLATES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES AND PROVISIONS REGARDING THE REINSTATEMENT FEE, THE PER DIEM FINE, AND OTHER MONETARY PENALTIES; AND TO REPEAL SECTIONS 38-77-175 AND 56-7-12, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3518 -- Rep. Richardson: A BILL TO AMEND SECTION 38-31-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO CHANGE THE DEFINITION OF "COVERED CLAIM"; AND TO AMEND SECTION 38-31-100, RELATING TO THE SAME ACT, THE REQUIREMENT THAT CLAIMANTS EXHAUST RIGHTS UNDER OTHER POLICIES, AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ANY RECOVERY UNDER THIS ACT MUST BE REDUCED BY THE STATUTORY CAP APPLICABLE TO THE OTHER INSURANCE GUARANTY ASSOCIATION OR ITS EQUIVALENT.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3557 -- Rep. Kirsh: A BILL TO AMEND SECTION 33-56-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATIONS WHICH ARE NOT REQUIRED TO FILE REGISTRATION STATEMENTS WITH THE SECRETARY OF STATE UNDER THE SOLICITATION OF CHARITABLE FUNDS ACT, SO AS TO PROVIDE THAT ANY CIVIC ORGANIZATION WHICH IS TAX EXEMPT UNDER SECTION 501(c)(4) OF THE INTERNAL REVENUE CODE IS ALSO NOT REQUIRED TO FILE THESE REGISTRATION STATEMENTS.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SALES BY RETAIL DEALERS OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR CONSUMPTION IN COMMERCIAL AIRCRAFT ENGAGED IN INTERSTATE COMMERCE.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3760 -- Reps. Klauber, Vaughn and Felder: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND EXEMPTIONS, SO AS TO PROVIDE THAT NO FEE PROVIDED FOR IN THIS SECTION OR BY ANY REGULATION PROMULGATED UNDER THIS SECTION SHALL BE CHARGED TO, IMPOSED UPON, OR COLLECTED FROM OR ON BEHALF OF ANY PERSON EXEMPTED FROM THE CONTINUING EDUCATION REQUIREMENTS OF THIS SECTION.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3777 -- Reps. Neilson, Inabinett, Robinson, Littlejohn, S. Whipper, Sandifer, Rice, Allison, Stuart, Stille, Richardson and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 8 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer, Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice, R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO COLLECT SOLID WASTE OR RECOVERED MATERIALS.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 532 -- Senators J. Verne Smith, Drummond, Setzler, Leatherman, Giese, Reese, Lander, Elliott, Mescher, Martin, Alexander and Ryberg: A BILL TO AMEND SECTION 40-22-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RENEWAL REGISTRATIONS AND FEES FOR PROFESSIONAL ENGINEERS AND PROFESSIONAL LAND SURVEYORS, SO AS TO AUTHORIZE THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS TO PROMULGATE REGULATIONS REQUIRING DEMONSTRATION OF COMPETENCE FOR REGISTRATION RENEWAL.

Ordered for consideration tomorrow.

Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown, Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd, D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES OF CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3809 -- Reps. Witherspoon, Keegan, Kelley and Koon: A BILL TO AMEND SECTION 50-11-1920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3867 -- Reps. Limehouse, Hutson, Rhoad, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING LICENSES IN GAME ZONE 11.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3898 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-23-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE THE REQUIREMENT THAT APPLICATIONS FOR CERTIFICATES BE SWORN TO BEFORE NOTARY PUBLICS OR OTHER APPROPRIATE PERSONS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3427 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 1-23-610, RELATING TO JUDICIAL REVIEW OF DECISIONS OF ADMINISTRATIVE LAW JUDGES, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES FOR SUCH A REVIEW AND FOR WHEN SUCH A JUDICIAL REVIEW IS AUTHORIZED.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4131 -- Reps. Inabinett, Richardson, Keyserling, Lloyd, Rogers, Scott, Chamblee, Cooper and Riser: A CONCURRENT RESOLUTION TO DIRECT THE STATE HOUSE COMMITTEE TO PROVIDE FOR PROFESSIONAL EXAMINATION OF ALL PAINTINGS AND PORTRAITS DISPLAYED IN THE STATE HOUSE UPON THEIR REMOVAL DURING THE STATE HOUSE RENOVATION PROJECT FOR THE PURPOSE OF DETERMINING A NEED FOR RESTORATION OR OTHER REPAIRS OF THESE PAINTINGS AND THEIR FRAMES, TO PROVIDE FOR THE EXPENSES OF THE EXAMINATION TO BE PAID FROM THE APPROVED ACCOUNTS OF BOTH HOUSES, AND TO REQUIRE THE STATE HOUSE COMMITTEE TO REPORT THE RESULTS AND RECOMMENDATIONS OF THESE EXAMINATIONS TO THE GENERAL ASSEMBLY.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

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

H. 4132 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1995, "WORKERS' MEMORIAL DAY".

Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and

Whereas, many workers die with little attention each year while performing their jobs, others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and

Whereas, in fiscal year 1994, thirty-nine workers died in South Carolina while working from causes as varied as electrocution, falls, and being struck by objects; and

Whereas, when these workers died they left behind families that had loved and depended on them; and

Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,

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

That April 28, 1995, a date chosen by the South Carolina AFL-CIO, be commemorated as "Workers' Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.

Be it further resolved that a copy of this resolution be forwarded to Mr. G. O. Smoak, President of the South Carolina AFL-CIO.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 745 -- Senators Land, Williams, Jackson and Leventis: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY TO ALLOW LICENSED REAL ESTATE APPRAISERS LOCATED IN THE SANTEE-COOPER AREA OF CLARENDON, SUMTER, ORANGEBURG, AND CALHOUN COUNTIES WHO ARE NOT MAI OR SRA CERTIFIED AN OPPORTUNITY TO BID ON THE CONTRACT TO APPRAISE THE PROPERTY IN THEIR COUNTIES WHICH WILL BE SOLD BY THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY.

The Concurrent Resolution was ordered referred to the Committee on Labor, Commerce and Industry.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 746 -- Senator Washington: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE MANY FRIENDS AND FAMILY OF MRS. ELIZABETH TAYLOR SIMMONS, UPON HER DEATH ON SUNDAY, APRIL 9, 1995, AT THE AGE OF ONE HUNDRED AND SEVEN.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 747 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION DESIGNATING JUNE 28, 1995, AS "CAROLINA DAY" IN COMMEMORATION OF THE EVENTS OF JUNE 28, 1776, WHEN A GROUP OF OUT-MANNED AND OUT-GUNNED SOUTH CAROLINIANS, UNDER THE LEADERSHIP OF COLONEL WILLIAM MOULTRIE, TURNED BACK THE ATTACK OF A POWERFUL BRITISH FLEET BENT ON CAPTURING CHARLESTON IN THE EARLY DAYS OF THE AMERICAN REVOLUTION.

Whereas, on June 28, 1776, a gallant group of out-manned and out-gunned South Carolinians, under the leadership of Colonel William Moultrie, turned back the attack of a powerful British fleet bent on capturing Charleston; and

Whereas, a defeat of the South Carolinians in the first days of the American Revolution would have been disastrous to the American cause; instead, this brilliant victory provided a beacon of hope to the patriots in those difficult days and became the first triumph of the new nation; and

Whereas, for subsequent generations of Carolinians, the twenty-eighth of June was independence day, a day to honor the liberty they enjoyed; parades, fireworks, picnics, and many other events were held to mark the day; with this commemoration, citizens of the Palmetto State celebrated not only their independence but also their unique heritage and culture; and

Whereas, in 1995, the South Carolina Historical Society, the Society of the Cincinnati, the Sons of the American Revolution, the Daughters of the American Revolution, the Fort Moultrie National Monument, and the 64th Regiment of Foot Re-enactors, under the name of the Palmetto Society, are joining their efforts to restore this important day to its proper place on South Carolina's calendar; in observance of Carolina Day, June 28, 1995, the Palmetto Society has planned a full day of activities, including a church service, a theatrical performance, a procession, and a wreath-laying ceremony; and

Whereas, the members of the General Assembly firmly believe that the significance of the accomplishments of June 28, 1776, should be appropriately commemorated. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, designates June 28, 1995, as "Carolina Day".

Be it further resolved that a copy of this resolution be forwarded to Major General J. A. Grimsley, Jr., USA (Retired), Chairman, Palmetto Society, The Fireproof Building, 100 Meeting Street, Charleston, 29401-2299.

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

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Anderson               Askins
Bailey                 Baxley                 Boan
Breeland               Brown, H.              Brown, T.
Byrd                   Cain                   Canty
Carnell                Cato                   Cave
Chamblee               Clyburn                Cobb-Hunter
Cotty                  Cromer                 Dantzler
Davenport              Easterday              Elliott
Fair                   Fleming                Fulmer
Gamble                 Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Harwell                Herdklotz              Hines
Hodges                 Howard                 Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Lloyd
Marchbanks             Mason                  McAbee
McCraw                 McKay                  McMahand
McTeer                 Moody-Lawrence         Neal
Phillips               Quinn                  Rhoad
Rice                   Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stuart                 Thomas
Townsend               Trotter                Tucker
Vaughn                 Waldrop                Walker
Wells                  Whatley                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Wilkins                Witherspoon
Wofford                Wright                 Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, April 19.

Becky Meacham                     Daniel T. Cooper
Donald W. Beatty                  Terry E. Haskins
Dewitt Williams                   Thomas E. Huff
F.G. Delleney, Jr.                Kenneth Kennedy
L. Morgan Martin                  Grady A. Brown
Harold G. Worley                  Lanny F. Littlejohn
Denny W. Neilson                  Curtis B. Inabinett
Eugene C. Stoddard                Jerry N. Govan, Jr.
Joe E. Brown                      Joseph T. McElveen, Jr.
W. Jeffrey Young                  C. Alex Harvin, III
Total Present--122

LEAVES OF ABSENCE

The SPEAKER granted Rep. TRIPP a leave of absence for the day.

The SPEAKER granted Rep. FELDER a leave of absence due to his mother's death.

STATEMENT OF ATTENDANCE

Reps. CANTY and MARTIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 18.

SPECIAL PRESENTATION

Rep. SANDIFER, on behalf of the Oconee County Delegation, presented to the House the Seneca High School Lady Cats Girls Basketball team, winners of the 1995 State Class AAA Basketball Championship.

SPECIAL PRESENTATION

Reps. ALLISON, CROMER and CHAMBLEE presented to the House the 1994 "Miss South Carolina", Kristie Greene and the 1995 Miss South Carolina contestants.

DOCTOR OF THE DAY

Announcement was made that Dr. Arthur Hutson of Charleston is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4044 -- Reps. Kinon, Jennings and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1995, AND ENDING JUNE 30, 1996.

H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.

H. 3578--SENT TO THE SENATE

The motion of Rep. WILKINS to reconsider the vote whereby the following Bill was given a second reading was taken up.

H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.

Rep. HASKINS moved to table the motion to reconsider, which was agreed to.

The Bill was read the third time, and ordered sent to the Senate.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 4089 -- Reps. Stille, Townsend, Carnell and McAbee: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE CREATION OF THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERS OF THE COMMISSION FROM SEVEN TO ELEVEN.

S. 732 -- Senator Drummond: A BILL TO AMEND ACT 902 OF 1964, AS AMENDED, RELATING TO THE ABBEVILLE COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM SEVEN TO ELEVEN MEMBERS.

H. 3824 -- Reps. Baxley, Keyserling, Martin, Thomas, Harrison, Shissias, Stuart, Moody-Lawrence, T. Brown, Wright, Riser, Harvin and McTeer: A BILL TO AMEND SECTION 56-3-4510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR THE NONGAME WILDLIFE AND NATURAL AREAS FUND, SO AS TO REVISE THE ANNUAL FEE FOR THE PLATES.

Rep. BAXLEY explained the Bill.

H. 3978 -- Reps. Tucker, McAbee, Stoddard, Haskins and Robinson: A BILL TO AMEND SECTION 57-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

Rep. TUCKER explained the Bill.

H. 3984 -- Reps. Cotty, Sheheen, Baxley, Boan and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE RESTRICTIONS FOR MOTORBOATS ON LAKE WATEREE.

H. 3808--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 12, by the Committee on Labor, Commerce and Industry.

Rep. LAW explained the amendment.

The amendment was then adopted.

Rep. CARNELL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\5811HTC.95), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __.     A.     Article 5, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-625.     In addition to the tax imposed pursuant to Section 12-21-620(5), there is imposed a user fee equal to two and one-half mills on each cigarette made of tobacco or any tobacco substitute. This tax must be paid, collected, and enforced in the manner that the tax imposed pursuant to Section 12-21-620(5) is paid, collected, and enforced. The revenue of the tax imposed by this section must be applied to this State's medicaid program."

B.     This section takes effect July 1, 1995./

Renumber sections to conform.

Amend totals and title to conform.

Rep. CARNELL explained the amendment.

Rep. CATO moved to table the amendment, which was agreed to.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3101--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3101 -- Reps. Shissias, Cromer, Wells, Kelley, Spearman, Richardson, Gamble, Lloyd and Phillips: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21662AC.95), which was adopted.

Amend the bill, as and if amended, in SECTION 1, page 1, line 33, by inserting after /preexisting/ /agreement or/.

So when amended Section 20-7-420(17) of the 1976 Code reads:

"(17)     To make all orders for support run until further order of the court, except that orders for child support of a child shall run until the child is eighteen years of age or until the child is sooner married or becomes self-supporting, as determined by the court, whichever occurs first or, to provide for child support past the age of eighteen years if the child is in high school and is making satisfactory progress toward completion of high school, not to exceed the nineteenth birthday unless exceptional circumstances are found to exist or unless there is a preexisting agreement or order to provide for child support past the age of eighteen years; and in the discretion of the court, to provide for child support past age eighteen where there are physical or mental disabilities of the child or other exceptional circumstances that warrant it, in the discretion of the court, during any period and beyond the child's minority as such the continuation of child support beyond age eighteen for as long as the physical or mental disabilities may or exceptional circumstances continue."

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3931--OBJECTIONS

The following Bill was taken up.

H. 3931 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-45 SO AS TO PROVIDE THAT MENTAL ILLNESS RESULTING FROM WORK-RELATED STRESS IS NOT AN ACCIDENTAL INJURY ARISING OUT OF AND IN THE COURSE OF EMPLOYMENT EXCEPT UNDER CERTAIN CONDITIONS, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO NOTICE TO THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF WORKERS' COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK-RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE SUCH PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION, PROVIDE FOR THE TERMINATION OR SUSPENSION OF TEMPORARY DISABILITY COMPENSATION, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 42-1-40, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE THAT "AVERAGE WEEKLY WAGE" MUST BE CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED AS REPORTED ON THE EMPLOYMENT SECURITY COMMISSION'S EMPLOYER CONTRIBUTION REPORTS DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM THE CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD PROVISIONS TO THE SECTION INCLUDING, AMONG OTHER THINGS, THE PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO ACTIVELY PURSUE COLLECTION PROCEDURES AGAINST A WORKERS' COMPENSATION CLAIMANT BEFORE THE FINAL ADJUDICATION OF THE CLAIMANT'S CLAIM; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION LAW AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO DELETE THE CURRENT PROVISIONS OF THE SECTION, AND PROVIDE, AMONG OTHER THINGS, THAT EVERY EMPLOYER SHALL KEEP A RECORD OF ALL INJURIES RECEIVED BY HIS EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT ON FORMS APPROVED BY THE WORKERS' COMPENSATION COMMISSION AND THAT CERTAIN INJURIES MUST BE REPORTED IN WRITING TO THE COMMISSION ACCORDING TO CERTAIN GUIDELINES.

Rep. CATO explained the Bill.

Reps. BAXLEY, DELLENEY, THOMAS, BEATTY, MASON, CATO, A. YOUNG, L. WHIPPER, LIMEHOUSE, DAVENPORT, R. SMITH, COOPER, MOODY-LAWRENCE and WHITE objected to the Bill.

H. 3463--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3463 -- Reps. Harrison, Shissias, Neal, Klauber, Cromer, Sheheen, Stuart and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2386 SO AS TO PROHIBIT A PERSON FROM SERVING ON A LOCAL FOSTER CARE REVIEW BOARD IF THE PERSON IS THE SUBJECT OF A REPORT OF CHILD ABUSE OR NEGLECT OR HAS BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES; TO REQUIRE THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN TO OBTAIN RECORD CHECKS FROM THE DEPARTMENT OF SOCIAL SERVICES AND SLED, TO CERTIFY ELIGIBILITY TO SERVE ON LOCAL BOARDS, AND TO EXEMPT THE DIVISION FROM FEES FOR DEPARTMENT OF SOCIAL SERVICES RECORD CHECKS; AND TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE AND NEGLECT RECORDS OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO AUTHORIZE THE DIVISION FOR THE REVIEW OF FOSTER CARE OF CHILDREN ACCESS TO INFORMATION TO CERTIFY THAT NOMINEES TO AND MEMBERS OF LOCAL FOSTER CARE REVIEW BOARDS ARE ELIGIBLE TO SERVE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18302AC.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     The 1976 Code is amended by adding:

"Section 20-7-2386.     (A)     No person may be employed by the Division for Review of the Foster Care of Children, Office of the Governor, or may serve on the state or a local foster care review board if the person:

(1)     is the subject of an indicated report or affirmative determination of abuse or neglect as maintained by the Department of Social Services in the Central Registry of Child Abuse and Neglect pursuant to Section 20-7-680;

(2)     has been convicted of or pled guilty or nolo contendere to:

(a)     an 'offense against the person' as provided for in Title 16, Chapter 3;

(b)     an 'offense against morality or decency' as provided for in Title 16, Chapter 15; or

(c)     contributing to the delinquency of a minor, as provided for in Section 16-17-490.

(B)     Before a person is employed by the Division for Review of the Foster Care of Children or before an appointment or reappointment is made to the state or a local foster care review board, the division shall submit the name of the potential employee or a list containing the names, addresses, and social security numbers of persons nominated to serve on the state or local boards to the Department of Social Services for a record check of indicated reports or affirmative determinations from the Central Registry of Child Abuse and Neglect and to SLED for a criminal records background check to certify that no potential employee or person nominated to serve on the State or a local board is in violation of subsection (A). A list of the persons employed by the division or serving on the state or local boards also must be submitted annually to the Department of Social Services for a record check of indicated reports or affirmative determinations to certify that no person employed by the division or serving on a board is in violation of subsection (A)(1). The division may not be charged by the Department of Social Services for these record checks."

SECTION     2.     Section 20-7-690 (C) of the 1976 Code, as last amended by Part II, Section 88K, Act 164 of 1993, is further amended by adding an appropriately numbered item to read:

"( )     The Division for Review of the Foster Care of Children, Office of the Governor, for purposes of certifying in accordance with Section 20-7-2386 that no potential employee or no nominee to and no member of the state or a local foster care review board is a subject of an indicated report or affirmative determination."

SECTION     3.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 365--OBJECTIONS

The following Bill was taken up.

S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

Reps. TOWNSEND, COOPER, SHARPE, COBB-HUNTER, KIRSH, ROGERS, MOODY-LAWRENCE, DAVENPORT, ELLIOTT, HUFF, R. SMITH and WELLS objected to the Bill.

H. 3968--DEBATE ADJOURNED

Rep. JASKWHICH moved to adjourn debate upon the following Joint Resolution until Wednesday, June 7, which was adopted.

H. 3968 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RELOCATABLE CLASSROOMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3704--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison, Wright, Thomas, Moody-Lawrence, Howard, Tripp, Harrison, Stille, Martin, Huff, Stoddard, Koon, Wilkins, Keyserling, Riser, Wells, Gamble, McCraw, Kirsh, Dantzler, Sandifer, Wilkes, Seithel, Shissias, Jennings, Boan, Sheheen, D. Smith, Littlejohn, McTeer, Harvin, Vaughn, Cato, Spearman, Kinon, Hutson, Mason, Baxley, Quinn, Lloyd, Davenport, J. Harris, T. Brown, Lanford, Harwell, Harrell, Cain, Wilder, Byrd, Beatty and J. Young: A BILL TO AMEND SECTIONS 47-3-610, 47-3-620, AND 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE TEASING, MALTREATING, AND INJURING OF POLICE DOGS AND PENALTIES ASSOCIATED WITH THESE ACTIVITIES, SO AS TO EXTEND THESE PROHIBITIONS TO POLICE HORSES AND TO INCREASE THE PENALTIES.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3890CM.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. RISER explained the amendment.

The amendment was then adopted.

Rep. KNOTTS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\3939CM.95), which was tabled.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 47-3-610 of the 1976 Code, as added by Act 512 of 1988, is amended to read:

"Section 47-3-610.     It is unlawful for a person to wilfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any a desensitizing drug, chemical, or substance to a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty;, or to interfere or meddle with a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days or more than six months, or both."

SECTION     2.     Section 47-3-620 of the 1976 Code, as added by Act 512 of 1988, is amended to read:

"Section 47-3-620.     It is unlawful for a person to wilfully or maliciously torture, mutilate, injure, disable, poison, or kill a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog or horse undue suffering and pain. A person who violates this provision is guilty of a felony and, upon conviction, must be fined not less than two thousand dollars nor more than five thousand dollars or imprisoned for not less than one year nor more than five years, or both."

SECTION     3.     Section 47-3-630 of the 1976 Code is repealed.

SECTION     4.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. KNOTTS explained the amendment.

Rep. SHARPE spoke against the amendment.

Rep. KNOTTS spoke in favor of the amendment.

Rep. SHARPE moved to table the amendment.

Rep. KNOTTS demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 36 to 15.

Rep. KNOTTS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\3940CM.95), which was rejected.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 47-3-610 of the 1976 Code, as added by Act 512 of 1988, is amended to read:

"Section 47-3-610.     It is unlawful for a person to wilfully and maliciously taunt, torment, tease, beat, strike, or administer or subject any a desensitizing drug, chemical, or substance to a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty;, or to interfere or meddle with a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or agency. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not less than thirty days or more than six months, or both."

SECTION     2.     Section 47-3-620 of the 1976 Code, as added by Act 512 of 1988, is amended to read:

"Section 47-3-620.     It is unlawful for a person to wilfully or maliciously torture, mutilate, injure, disable, poison, or kill a dog or horse used by a law enforcement department or agency in the performance of the functions or duties of the department or when a dog is placed in a kennel off duty or a horse is placed in a stable off duty. However, a police officer or veterinarian may perform euthanasia in emergency situations when delay would cause the dog or horse undue suffering and pain. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than two thousand dollars or imprisoned for not less than six months nor more than one year, or both."

SECTION     3.     Section 47-3-630 of the 1976 Code is repealed.

SECTION     4.     This act takes effect upon approval by the Governor./

Rep. KNOTTS explained the amendment.

Rep. SHARPE moved to table the amendment.

Rep. KNOTTS demanded the yeas and nays, which were not ordered.

The House refused to table the amendment by a division vote of 25 to 25.

The question then recurred to the adoption of the amendment.

Rep. KNOTTS demanded the yeas and nays, which were not ordered.

The amendment was then rejected by a division vote of 33 to 35.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3608--OBJECTIONS

Rep. WRIGHT withdrew his objection to the following Bill whereupon objections were raised by Reps. TUCKER and D. SMITH.

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

H. 3907--OBJECTION WITHDRAWN

Rep. ELLIOTT withdrew his objection to the following Bill.

H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

H. 3624--OBJECTION WITHDRAWN

Rep. J. HARRIS withdrew her objection to H. 3624 however, other objections remained upon the Bill.

H. 3203--OBJECTION WITHDRAWN

Rep. HERDKLOTZ withdrew his objection to H. 3203 however, other objections remained upon the Bill.

S. 463--OBJECTION WITHDRAWN

Rep. HERDKLOTZ withdrew his objection to S. 463 however, other objections remained upon the Bill.

H. 3608--OBJECTIONS

Reps. LANFORD, KNOTTS and R. SMITH withdrew their objections to the following Bill whereupon objections were raised by Reps. HASKINS, DAVENPORT and RISER.

H. 3608 -- Reps. Govan, Beatty, Moody-Lawrence and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-485 SO AS TO PROVIDE A PROCEDURE FOR DESIGNATING CERTAIN MOTOR VEHICLES AS "WRECKAGE" OR "SALVAGE" IN A MANNER WHICH SUFFICES TO INFORM THE TRANSFEREE OF SUCH A VEHICLE OF THE VEHICLE'S TRUE CONDITION.

R. 54, H. 3659--GOVERNOR'S VETO OVERRIDDEN

The veto on the following Act was taken up.

(R54) H. 3659 -- Rep. Cato: AN ACT TO AMEND ACT 199 OF 1971, AS AMENDED, RELATING TO THE NORTH GREENVILLE FIRE DISTRICT, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BODY MUST BE ELECTED ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF ODD-NUMBERED YEARS AND PROVIDE THAT THE TERMS OF MEMBERS SERVING ON THE EFFECTIVE DATE OF THIS ACT ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 3; Nays 0

Those who voted in the affirmative are:

Cato                   Herdklotz              McMahand

Total--3

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

H. 3886--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3886 -- Reps. Spearman, McAbee and Clyburn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF HIGHWAY 378 IN SALUDA COUNTY AS THE "CANDLER GRADY MATTHEWS, SR. HIGHWAY".

Whereas, Candler Grady Matthews, Sr., has been a prominent leader, businessman, and resident of Saluda County; and

Whereas, Mr. Matthews was appointed to the State Highway Commission from the Eleventh Judicial Circuit for two four-year terms commencing on April 18, 1963 through April 15, 1967 and from April 19, 1979 through April 15, 1983; and

Whereas, the members of the General Assembly believe it would be a fitting honor and tribute to this outstanding man if a portion of Highway 378 in Saluda County were named for him. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina request the South Carolina Department of Transportation to designate and name a portion of Highway 378 beginning at the West Saluda County Line and ending at the Little Saluda River Bridge, approximately one mile east of the Saluda town limit, the "Candler Grady Matthews, Sr. Highway".

Be it further resolved that the Department of Transportation is requested to install appropriate markers or signs at places along the highway as the department considers appropriate containing the words "Candler Grady Matthews, Sr. Highway".

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Transportation and to Candler Grady Matthews, Sr.

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

RECURRENCE TO THE MORNING HOUR

Rep. HARWELL moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Recreation and Parks Association for a reception, May 3, 1995, 6:00 P.M. - 8:00 P.M., at Sidney Park.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Laidlaw Environmental Services, Inc. for a reception, May 9, 1995, 6:00 P.M. - 8:00 P.M. at the State Museum, 301 Gervais Street.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Palmetto Project (S.C. Commun-I-Care) for a reception, May 10, 1995, 6:00 P.M. - 8:00 P.M. at the Capital City Club.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The Governmental Affairs Committee of the Association of Citadel Men for a barbeque, May 16, 1995, 6:30 P.M. - 10:00 P.M., in the Canty Building on the State Fair Grounds.

The invitation was accepted.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 764 -- Senator Leatherman: A CONCURRENT RESOLUTION CONGRATULATING DR. LEE A. VICKERS ON HIS INAUGURATION AS FRANCIS MARION UNIVERSITY'S THIRD PRESIDENT AND TO WISH HIM, HIS FAMILY, AND THE FRANCIS MARION UNIVERSITY COMMUNITY MUCH FUTURE SUCCESS.

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

H. 3859--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the following Joint Resolution until Tuesday, April 25, which was adopted.

H. 3859 -- Reps. Riser, Hines, Inabinett, Rhoad, Witherspoon, Koon, Limehouse and Fulmer: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 564 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 48 SO AS TO PROVIDE FOR THE FOREST BEST MANAGEMENT PRACTICES ACT BY DEFINING TERMS AND SETTING FORTH REQUIREMENTS FOR THE COMMISSION OF FORESTRY.

Rep. RISER explained the Bill.

H. 3581--OBJECTIONS

The following Bill was taken up.

H. 3581 -- Reps. Sharpe, Herdklotz, Meacham, Bailey, Littlejohn, Fulmer, Law, A. Young, Rice, Davenport, Vaughn, Haskins, D. Smith, Cato, Mason and Riser: A BILL TO AMEND SECTION 1-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REVISE THE DEFINITION OF REGULATION; TO AMEND SECTION 1-23-110, AS AMENDED, RELATING TO PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THE PUBLIC HEARING NOTICE ON PROPOSED REGULATIONS; TO AMEND SECTION 1-23-111, RELATING TO PROCEDURES FOR CONDUCTING PUBLIC HEARINGS AND THE REPORT OF THE OFFICIAL PRESIDING AT THE PUBLIC HEARING AND THE AGENCY'S RESPONSE TO THE REPORT, SO AS TO PROVIDE THE BASIS FOR THE DETERMINATION OF THE NEED AND REASONABLENESS OF THE REGULATION AND TO REVISE THE OPTIONS AVAILABLE TO AN AGENCY IN RESPONDING TO A REPORT; TO AMEND SECTION 1-23-115, AS AMENDED, RELATING TO ASSESSMENT REPORTS ON REGULATIONS SO AS TO CLARIFY WHEN AN ASSESSMENT REPORT MAY BE REQUESTED AND TO AUTHORIZE A LEGISLATIVE COMMITTEE TO REQUEST A REPORT AND TO PROVIDE PROCEDURES UNDER WHICH THE ONE HUNDRED TWENTY DAY REVIEW PERIOD IS TOLLED UPON SUCH A REQUEST, AND TO MANDATE THE CONTENTS OF THE REPORT; TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, BOTH RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROHIBIT AN AGENCY FROM WITHDRAWING OR MODIFYING A REGULATION EXCEPT UPON NOTICE BY THE LEGISLATIVE COMMITTEE.

Rep. JENNINGS explained the Bill.

Reps. BAXLEY, ROGERS, CANTY, NEAL, COBB-HUNTER, LLOYD, CAVE, VAUGHN, CATO, FULMER, R. SMITH and HERDKLOTZ objected to the Bill.

Further proceedings were interrupted by the House standing at ease until the Joint Assembly.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

PRESENTATION OF 1995
S.C. FOLK HERITAGE AWARD WINNERS

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3645 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 19, 1995, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1995 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

The 1995 S.C. Folk Heritage Award Winners were escorted to the rostrum by Senators Patterson, Greg Smith, Moore, Richter, Glover and Representatives LIMEHOUSE, SEITHEL, PHILLIPS, CLYBURN and J. HARRIS.

Lt. Governor Peeler made the following opening remarks:

"Today we honor extraordinary South Carolinians for their achievement in keeping alive rare and endangered art forms that are rooted in the ethnic and traditional cultures of our State. We appreciate the sense of community, the sense of beauty, and the feeling for South Carolina's uniqueness that they carry with them and perpetuate for future generations. Thanks to the Joint Committee on Cultural Affairs, McKissick Museum, and the South Carolina Arts Commission for working together to make this event possible and for nurturing these traditions that are so important to us. And now, The Honorable David Wilkins, Speaker of the House, will present the 1995 winners of our South Carolina Folk Heritage Awards."

Speaker WILKINS made the following remarks:

"Thank you... The Folk Heritage Awards were created in 1986 to recognize lifetime achievement and excellence in traditional folk arts in South Carolina. Through our state's folk artists and their unique skills, we are all better able to understand these age-old South Carolina traditions. This helps us to recognize and reflect upon our cultural similarities and differences and gives us a sense of identity and belonging. Our 1995 winners were selected by an Awards Advisory Committee whose names are in your program. On behalf of the General Assembly, I thank them for volunteering their time, skill, and interest in making today's ceremony possible. With our encouragement and with our support, we hope that these traditions will be passed on and will continue to thrive for the benefit of future generations of South Carolina. I will now introduce this year's winners with a brief description of each individual or group. Our first winner is Agnes Brown. Agnes Brown is the first South Carolinian to be honored with a Folk Heritage Award for 'tradition bearing.' A tradition bearer is a person who possesses and shares a great deal of knowledge about the language, beliefs, and customs of a particular culture. These 'keepers of the culture' maintain traditional ways and pass them on to the next generation. Agnes Brown has led a life full of folk ways that most people only read about. She has been generous in sharing her great knowledge of the Gullah culture with any who seek her out. These unique traditions, like 'jumping the broom' at wedding ceremonies, have been shared by Mrs. Brown to the delight of all who meet her. 'Jumping the broom' is a Gullah wedding custom. According to the tradition, the newlywed who jumps over the broom last outlives his or her spouse. Mrs. Brown recalls with glee how she fixed it so that her husband, Mundy Brown, would be the first to jump the broom. Mundy died in 1978 and at age 108, Agnes is living proof that she who jumps last lives longest. Accepting for Agnes Brown are two of her great grandchildren, Jerome Green and Tomeka Garrett."

Senator Greg Smith and Senator Richter presented the award to the great grandchildren of Agnes Brown.

Speaker WILKINS:

"Our second recipient is Roger Bellow. Roger Bellow is recognized this year with our discretionary Folk Heritage Advocacy Award. An award-winning performer, a scholar, and a teacher, he has been a lifelong promoter of early country music. Roger has performed and recorded nationally and internationally with the finest artists in country music. He has written many articles and conducted workshops around the nation on country music. He currently hosts Vintage Country on public radio and he produces and performs on the Lowcountry Jamboree, a weekly live music program in Beaufort, S.C. The great cultural tradition of old country music is thriving in South Carolina due largely to Roger Bellows' extraordinary efforts to research, record, and promote its appreciation."

Representative RICHARDSON and Representative SEITHEL presented the award to Roger Bellow.

Speaker WILKINS:

"Our third recipient is Ike Carpenter who has brought some of his work with him, and I hope you'll all get a chance to take a look at it after the ceremony. Ike is a third generation woodcarver from Trenton, South Carolina. His trademark carving is the traditional 'ball and chain,' an extremely difficult carving designed to show off a carver's virtuosity. Ike has learned all stages of traditional furniture making. He is able to shape felled trees into finely-crafted furniture using only primitive hand tools. Ike shares his skills in local public schools and in community presentations. Ike enjoys talking about his proud family woodcarving tradition with customers who visit his vegetable stand on Highway 25."

Representative CLYBURN and Senator Moore presented the award to Ike Carpenter.

Speaker WILKINS:

"Our fourth winner is The All Male Chorus of Blacksburg. The All Male Chorus of Blacksburg was started as a remedy for young men's poor church attendance in the community. The chorus began singing together in 1974, with their first performance at the Youngs Grove Baptist Church. Using only their voices and their hands, they perform with great mastery and they perpetuate an African-American a capella gospel singing tradition. The chorus is very active in and around Blacksburg. They sing to help people in need, especially to raise funds for those whose homes have been burned, for children needing extraordinary medical treatment, and for church building programs."

Representative PHILLIPS presented the award to The All Male Chorus of Blacksburg.

Speaker WILKINS:

"This concludes our award presentations, but we have asked our performing winners to favor us with an example of their work. First, we have a very brief video presentation so that we can all meet Agnes Brown, who couldn't be with us in person today. After that, I ask that Roger Bellow and then the All Male Chorus of Blacksburg each give us a brief performance. And I remind you to take a look at Ike Carpenter's fine woodwork that he has brought with him today in the lobby to review and I remind you about the reception. Thank you all for coming and congratulations to all of our award winners."

Lt. Governor Peeler then recognized Roger Bellow and The All Male Chorus of Blacksburg who performed for the Joint Assembly.

Upon the conclusion of the presentation, the distinguished guests and escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:39 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4127 -- Reps. J. Young and Harvin: A CONCURRENT RESOLUTION EXPRESSING PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF LANCE CORPORAL MICHAEL CHAPPELL OF THE SOUTH CAROLINA HIGHWAY PATROL AND EXTENDING DEEPEST SYMPATHY TO THE MEMBERS OF HIS FAMILY AND MANY FRIENDS.

H. 4129 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE NICK A. THEODORE FOR HIS MANY YEARS OF DEDICATED SERVICE TO THE GENERAL ASSEMBLY AND THE STATE OF SOUTH CAROLINA AND TO WISH HIM AND HIS WIFE EMILIE WELL IN ALL THEIR FUTURE ENDEAVORS.

H. 4130 -- Reps. Scott, Neal, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXTENDING BEST WISHES AND CONGRATULATIONS TO MRS. GRACIE W. SCOTT UPON HER 62ND BIRTHDAY.

ADJOURNMENT

At 12:40 P.M. the House in accordance with the motion of Rep. HASKINS adjourned in memory of Helen G. Felder of St. Matthews, to meet at 10:00 A.M. tomorrow.

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