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

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| Printed Page 2040, Mar. 28 | Printed Page 2060, Mar. 28 |

Printed Page 2050 . . . . . Tuesday, March 28, 1995

Be it further resolved that authorization for use of the House Chamber is subject to cancellation should the House be in regular session on Wednesday, May 10, 1995, beyond the hour of 5:30 p.m.

The Resolution was adopted.

CONCURRENT RESOLUTION

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

H. 3885 -- Reps. Knotts, Wright, Riser, Koon, Gamble, Stuart and Spearman: A CONCURRENT RESOLUTION TO COMMEND THE IRMO-CHAPIN SENIOR BASKETBALL TEAM FOR WINNING THE GOLD MEDAL AT THE UNITED STATES NATIONAL SENIOR OLYMPICS IN BATON ROUGE, LOUISIANA, AND TO EXTEND TO THE TEAM AND ITS COACH THE PRIVILEGE OF THE HOUSE FLOOR AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR TRULY OUTSTANDING ACCOMPLISHMENTS.

Whereas, the members of the General Assembly are very proud of the accomplishments of the Irmo-Chapin Senior Basketball team which won the gold medal at the 1993 United States National Senior Olympics held in Baton Rouge, Louisiana; and

Whereas, the team members included Carl Adams, age 77; Cy Havird, age 71; Ivory Hoskins, age 68; Matt Moore, age 67; Jack Moran, age 65; Bill Naylor, age 67; and John Yancy, age 65; and

Whereas, under the able leadership of Coach Carl M. Hust, they defeated an outstanding Colorado team in the finals to win the gold medal which is the highest honor of senior basketball in the United States; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate each of these amazing athletes and their fine coach upon this truly outstanding accomplishment, and extend to them the very best of luck as they compete for the gold medal at the 1995 United States National Senior Olympics to be held in San Antonio, Texas. Now, therefore,

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

That the members of the General Assembly hereby commend the Irmo-Chapin basketball team for winning the gold medal at the United States National Senior Olympics held in Baton Rouge, Louisiana, and


Printed Page 2051 . . . . . Tuesday, March 28, 1995

extend to the team and its coach the privilege of the House floor at a time to be determined by the Speaker for the purpose of being recognized for their truly outstanding accomplishments.

Be it further resolved that a copy of this resolution be forwarded to Coach Carl M. Hust.

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

CONCURRENT RESOLUTION

The following was introduced:

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".

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

CONCURRENT RESOLUTION

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

H. 3887 -- Reps. Wright and Riser: A CONCURRENT RESOLUTION TO CONGRATULATE THE IRMO HIGH SCHOOL BOYS BASKETBALL TEAM AND THEIR COACHES UPON WINNING THE 1994-95 STATE CLASS AAAA BASKETBALL CHAMPIONSHIP AND TO EXTEND TO THEM THE PRIVILEGE OF THE HOUSE FLOOR AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THEIR OUTSTANDING ACCOMPLISHMENT.

Whereas, the members of the General Assembly are pleased to learn that the Irmo High School Boys Basketball Team won the 1994-95 State Class AAAA Championship capping a truly outstanding season where they finished with a 28-1 won-loss record; and

Whereas, in addition to the state championship, the Irmo boys also won the prestigious Beach Ball Classic and were runners-up in the Columbia Tip-Off Tournament; and

Whereas, the success of the team this season was due in a large part to the leadership and efforts of six outstanding seniors, including Most


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Valuable Player, BJ McKie, and Most Improved Player, Andre' Settles; and

Whereas, Irmo is coached by Tim Whipple who has completed his thirteenth season as head basketball coach at Irmo High School. He is one of South Carolina's most talented and respected coaches who has won three state championships, has been named Coach of the Year by many organizations, and has served as president of the South Carolina Basketball Coaches Association; and

Whereas, the accomplishments of this fine group of athletes this year has brought deserved credit not only upon themselves, but upon their school, county, and State as well; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate the Irmo High School Boys Basketball Team upon winning this well-deserved championship. Now, therefore,

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

That the members of the General Assembly hereby congratulate the Irmo High School Boys Basketball Team and their coaches upon winning the 1994-95 State Class AAAA Basketball Championship and extend to them the privilege of the House floor at a time to be determined by the Speaker for the purpose of being recognized for their outstanding accomplishment.

Be it further resolved that a copy of this resolution be forwarded to Coach Tim Whipple and Dr. Anna T. Hicks, Principal of Irmo High School.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3888 -- Rep. Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE THE SENECA HIGH SCHOOL GIRLS' BASKETBALL TEAM, THEIR HEAD COACH, AMANDA HOLDER, THE COACHING STAFF, AND SCHOOL OFFICIALS FOR SENECA'S AAA STATE BASKETBALL CHAMPIONSHIP AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF BASKETBALL PLAYERS AND THEIR COACHES.

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


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HOUSE RESOLUTION

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

H. 3889 -- Rep. Sandifer: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GIRLS' BASKETBALL TEAM OF SENECA HIGH SCHOOL, THEIR COACHING STAFF, AND SCHOOL OFFICIALS, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE CLASS AAA STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the girls' basketball team of Seneca High School, coaching staff, and school officials are extended the privilege of the floor of the House of Representatives, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the AAA State Championship.

The Resolution was adopted.

ROLL CALL

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

Allison          Anderson         Askins
Bailey           Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Brown, T.        Byrd
Cain             Carnell          Cato
Cave             Chamblee         Clyburn
Cobb-Hunter      Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Fair
Felder           Fleming          Fulmer
Gamble           Govan            Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Harvin           Haskins
Herdklotz        Hines            Hodges
Howard           Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy


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Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            McAbee           McCraw
McElveen         McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rice             Richardson
Riser            Robinson         Rogers
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stuart           Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Wilkins          Williams         Witherspoon
Wofford          Wright           Young, A.
Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, March 28. Thomas N. Rhoad Larry L. Elliott Walter P. Lloyd Donald W. Beatty Ralph W. Canty

Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. WORLEY a leave of absence to attend a meeting in Washington on beach renourishment.

The SPEAKER granted Rep. RHOAD a leave of absence to attend a funeral.


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DOCTOR OF THE DAY

Announcement was made that Dr. Julius Leary of Greenwood is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

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

S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

H. 3853 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER EMPLOYEES NECESSARY TO CARRY OUT THE RESPONSIBILITIES OF THE BOARD.

H. 3863 -- Reps. Beatty, Walker, Lanford, Littlejohn, Allison and Davenport: A BILL TO PROVIDE FOR THE FISCAL AUTONOMY OF THE SEVEN LOCAL SCHOOL DISTRICTS IN SPARTANBURG COUNTY; TO PROVIDE FOR THE POWERS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE OPERATIONAL BUDGET OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE EQUITABLE DISTRIBUTION OF ASSETS OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY; TO PROVIDE FOR THE COUNTY BOARD'S MEETINGS; AND TO REPEAL ACT 610 OF 1994, RELATING TO THE ABOLITION OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY.

S. 636 -- Senators Washington and Mescher: A BILL TO REPEAL ACT 16 OF 1973 RELATING TO THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.

H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO


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AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

Rep. HARRISON explained the Bill.

S. 356 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770(B), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF FEES AND COSTS, SO AS TO SPECIFY THAT FEES IN ESTATE AND CONSERVATORSHIP PROCEEDINGS MUST BE BASED UPON THE GROSS VALUE OF THE PERSONAL PROPERTY OF THE PROBATE ESTATE; AND TO PROVIDE FOR A RETROACTIVE REFUND TO TAXPAYERS OF THE DIFFERENCE BETWEEN THE CURRENT FEES PAID THROUGH AUGUST 15, 1994, AND THE REDUCED FEES.

Rep. JENNINGS explained the Bill.

H. 3839 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.

Rep. GAMBLE explained the Bill.

H. 3639--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, March 29, which was adopted.

H. 3639 -- Reps. Harrison, Jennings, Harwell, Shissias, Klauber and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO PERMIT COURT-MANDATED MEDIATION AS WELL AS CONSENSUAL MEDIATION IN THE FAMILY COURTS.


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H. 3578--DEBATE ADJOURNED

Rep. VAUGHN moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted.

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.

H. 3320--OBJECTIONS

The following Bill was taken up.

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

Reps. SIMRILL, WHATLEY, HALLMAN, HARRELL, FULMER, A. YOUNG, KNOTTS and LIMEHOUSE objected to the Bill.

H. 3413--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.


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The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7274BDW.95), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-120 of the 1976 Code, as last amended by Act 495 of 1994, is further amended to read:

"Section 50-11-120. (A) Except as specified in this section the season for hunting small game is Thanksgiving Day through March first. However, there is no open season on grouse except in Game Zone 1.

(1) Game Zone 1:

(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(2) Game Zone 2:

(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;


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(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(3) Game Zone 3:

(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;

(b) squirrel: October first through March first with weapons and dogs;

(c) fox: year round but no weapons may be used January second through August fifteenth;

(d) raccoon and opossum: September fifteenth through March fifteenth with weapons and dogs; August fifteenth through September fourteenth and March sixteenth through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(4) Game Zone 4:

(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;

(b) squirrel: October first through March first with dogs and weapons;

(c) fox: year round but no weapons may be used February fifteenth through August fifteenth;

(d) raccoon and opossum: October fifteenth through March first with weapons and dogs; August fifteenth through October fourteenth and March second through May fourteenth without weapons and with dogs only;

(e) quail: October first through the day before Thanksgiving Day without weapons; Thanksgiving Day through March first with weapons;

(5) Game Zone 5:

(a) rabbit: September first through the day before Thanksgiving Day without weapons on public land; February sixteenth through the day before Thanksgiving Day without weapons day and night on private land only; Thanksgiving Day through March first February fifteenth with weapons;


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