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

Page Finder Index

| Printed Page 700, Feb. 2 | Printed Page 720, Feb. 2 |

Printed Page 710 . . . . . Thursday, February 2, 1995

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5351HTC.95).

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

/SECTION 1. It is proposed that Article III, Section 7 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:

"No person who has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provisions of this Constitution, this paragraph does not apply to a person who has been pardoned under state or federal law of the disqualifying felony or to a person who files for public office ten years or more after the completion date of service of the sentence, including probation and parole time."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office ten years or more from the date the sentence, including probation and parole time has been served?

Yes []

No []


Printed Page 711 . . . . . Thursday, February 2, 1995

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

SECTION 3. It is proposed that Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended to read:

"Section 1. No person shall may be popularly elected to any office in this State or its political subdivisions unless he possess possesses the qualifications of an elector,. Every qualified elector shall be eligible to any office to be voted for, unless is not disqualified by age as prescribed in this Constitution, and has not been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses. However, notwithstanding any other provisions of this Constitution, this prohibition does not apply to a person who has been pardoned under state or federal law or to a person who files for public office ten years or more after the completion date of service of the sentence, including probation and parole time. No person shall may be elected or appointed to office in this State for life or during good behavior, but the terms of all officers shall must be for some specified period except officers in the militia."

SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended, so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office ten years or more from the date the sentence, including probation and parole time, has been served?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."/

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 712 . . . . . Thursday, February 2, 1995

Rep. D. SMITH explained the amendment.

Rep. CROMER spoke against the amendment.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

H. 3361--SENT TO THE SENATE

The following Joint Resolution was taken up.

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

The Joint Resolution was read the third time and ordered sent to the Senate.

H. 3487--RECALLED FROM THE

COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

On motion of Rep. SHEHEEN, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3487 -- Reps. Hutson, Moody-Lawrence, Baxley, Jennings, Cain, Neilson, Quinn, Cromer, Harrison, Cobb-Hunter, Cave, L. Whipper, Bailey, Sharpe, McElveen, Worley, S. Whipper, Koon, Knotts, Kennedy, Law, Walker, Wilder, Simrill, White, Inabinett, Limehouse, Fulmer, J. Harris, Robinson, Kelley, Wells, Trotter, Neal, Williams, Shissias, Hines, Keyserling, Riser, Rhoad, Kinon, Harwell, Witherspoon, Davenport, Seithel, Whatley, Richardson, J. Brown, Byrd, McMahand, H. Brown, G. Brown, Townsend, R. Smith, J. Young, Spearman, Carnell, D. Smith, Herdklotz, Huff, Rice, Vaughn, Stuart, Stille, Meacham, Wright, Wilkes, Limbaugh, Lloyd, Keegan, Haskins, Phillips, Wofford, McAbee, P. Harris, Hodges, Tucker, Dantzler, Askins, Howard, Lanford, Klauber and Allison: A BILL TO AMEND THE CODE OF LAWS OF


Printed Page 713 . . . . . Thursday, February 2, 1995

SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-692 SO AS TO DESIGNATE SOUTH CAROLINA GROWN TEA AS THE OFFICIAL HOSPITALITY BEVERAGE OF THE STATE.

S. 422--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GAMBLE, with unanimous consent, it was ordered that S. 422 be read the third time tomorrow.

RECURRENCE TO THE MORNING HOUR

Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to by a division vote of 57 to 7.

CONCURRENT RESOLUTION

The following was introduced:

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 agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

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 agreed to and ordered sent to the Senate.


Printed Page 714 . . . . . Thursday, February 2, 1995

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3496 -- Reps. Cotty, Tripp, G. Brown, Easterday, Seithel, Tucker, Meacham, Simrill, Scott, Shissias, Klauber, Wright, Wilder, A. Young, Stille, R. Smith, Vaughn, J. Harris, Huff, Stuart, Haskins, Baxley and Cato: 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.

Referred to Committee on Labor, Commerce and Industry.

H. 3055--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21254SD.95), which was adopted.

Amend the bill, as and if amended, in Section 59-17-120 of the 1976 Code, as contained in SECTION 1 by striking /foreign language credit/ on line 22, page 1, and inserting /credit as an elective/.

When amended Section 59-17-120 shall read:

"Section 59-17-120. The board of trustees of a school district may grant credit as an elective to a pupil who satisfactorily has completed a high school course in American sign language."

Amend totals and title to conform.


Printed Page 715 . . . . . Thursday, February 2, 1995

Rep. JASKWHICH explained the amendment.

The amendment was then adopted.

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

H. 3055--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. JASKWHICH, with unanimous consent, it was ordered that H. 3055 be read the third time tomorrow.

H. 3148--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BR1\18128AC.95), which was adopted.

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

/SECTION 1. Section 59-47-10 of the 1976 Code is amended to read:

"Section 59-47-10. The board of commissioners of the South Carolina School for the Deaf and the Blind shall consist of nine members appointed by the Governor for terms of six years and until their successors are appointed and qualify. Each congressional district shall must be represented by one board member, who shall must be a resident of that district, and three members shall must be appointed at large from the State. Of the members appointed at large, At least one of the members appointed at large shall must be deaf, and at least one such member shall must be blind, and one must represent the interests of persons with multiple handicaps. Vacancies shall must be filled in the manner of the original appointment for the remainder of the unexpired term. The State Superintendent of Education and the executive officer of the Department of Health and Environmental Control shall be are ex officio members of the board."


Printed Page 716 . . . . . Thursday, February 2, 1995

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. STILLE explained the amendment.

The amendment was then adopted.

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

H. 3148--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WRIGHT, with unanimous consent, it was ordered that H. 3148 be read the third time tomorrow.

H. 3178--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21255SD.95), which was adopted.

Amend the bill, as and if amended, in Section 59-1-443 of the 1976 Code, as contained in SECTION 1, by adding a new sentence at the end to read:

/Schools may notify parents of the provisions of this section in order that parents may give their children instructions in this regard./

When amended Section 59-1-443 shall read:

"Section 59-1-443. All schools shall provide for a minute of mandatory silence at the beginning of each school day. Schools may notify parents of the provisions of this section in order that parents may give their children instructions in this regard."

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 717 . . . . . Thursday, February 2, 1995

Rep. JASKWHICH explained the amendment.

The amendment was then adopted.

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

H. 3178--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. JASKWHICH, with unanimous consent, it was ordered that H. 3178 be read the third time tomorrow.

ORDERED TO THIRD READING

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

H. 3441 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISION, 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.

Rep. A. YOUNG explained the Joint Resolution.

H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

Rep. GAMBLE explained the Bill.

H. 3449 -- Reps. Law, H. Brown, Wofford, Dantzler, Williams, A. Young and Hutson: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, THE PROVIDING OF ELECTRIC SERVICE, AND THE SERVICE AREA OF THE AUTHORITY, SO AS TO FURTHER DESCRIBE THE AREA IN BERKELEY COUNTY WHICH IS NOT INCLUDED IN THE AUTHORITY'S PRESENT SERVICE AREA.

Rep. H. BROWN explained the Bill.

H. 3441--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. A. YOUNG, with unanimous consent, it was ordered that H. 3441 be read the third time tomorrow.


Printed Page 718 . . . . . Thursday, February 2, 1995

OBJECTION TO MOTION

Rep. CATO asked unanimous consent that H. 3443 be read a third time tomorrow.

Rep. SCOTT objected.

H. 3442--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3442 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXPERIENCE MODIFICATION FOR STAFF LEASING SERVICES COMPANIES IN THE WORKERS COMPENSATION ASSIGNED RISK PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1817, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. CATO made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3019--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SIMRILL, with unanimous consent, it was ordered that H. 3019 be read the third time tomorrow.

H. 3281--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF


Printed Page 719 . . . . . Thursday, February 2, 1995

THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

Rep. HARRISON moved to adjourn debate upon the Joint Resolution until Tuesday, February 7, which was adopted.

S. 393--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 393 -- Senators Short, Jackson and Gregory: A CONCURRENT RESOLUTION EXTENDING THE DATE FOR THE "COMMITTEE TO STUDY THE CONSUMER FINANCE LAWS IN THIS STATE AS THEY RELATE TO RESTRICTED LOANS, SUPERVISED LOANS, AND SALES FINANCE CONTRACTS" TO MAKE ITS REPORT TO
THE GENERAL ASSEMBLY.

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

That the date for the "Committee to Study the Consumer Finance Laws in this State as They Relate to Restricted Loans, Supervised Loans, and Sales Finance Contracts", created pursuant to Act 572 of 1994, to make its report with recommendations to the General Assembly is extended to March 1, 1995

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


| Printed Page 700, Feb. 2 | Printed Page 720, Feb. 2 |

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