TUESDAY, JANUARY 28, 1997
Tuesday, January 28, 1997
(Statewide Session)
Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of love and mercy, we remember before You today our much respected co-worker and friend, Jean Laney Harris. We thank You for giving her to us to know and to love in this House of Representatives and in our pilgrimage on earth. In Your boundless care and compassion, console us who mourn. May we feel the abundance of Your presence that we may see in death the door to eternal life. Keep us aware of the shortness and uncertainty of human life. Help us, we pray, in the midst of things we cannot understand to lean heavily upon Your strong right arm of love and strength.
To You, O God, we ascribe all honor and glory, now and forever.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
MOTION ADOPTED
Rep. BOAN moved that when the House adjourns, it adjourn in memory of the Honorable JEAN HARRIS of Cheraw, which was agreed to.
STATEMENT BY REP. BOAN
On motion of Rep. J. BROWN, with unanimous consent, Rep. BOAN’s remarks were ordered printed in the Journal as follows:
"Mr. Speaker, Ladies and Gentlemen of the House:
We come to this chamber to debate the public policy issues of this State and we make an effort to improve the quality of life of our citizens. Sometimes we take our work here so seriously and we get into heated debate and emotions run high; and that is how it should be. But, sometimes when death takes a loved one - a close friend - or a family member, those issues we debate in this chamber seem less important. That is even more evident when the loss is a colleague of this House. The death of Jean Harris should put life’s issues in perspective. Ten days ago she was a veteran, an influential member of the Legislature... today she is gone but not forgotten. This afternoon at three o’clock in Cheraw she will be eulogized, remembering her priorities of devotion of family, love of community, and sharing of public service. I had the opportunity to work with and get to know Jean Harris - quite well both personally and politically over the past fourteen years. Jean was known for her style and beauty. She always spoke with a sweet, soft-spoken voice; even on issues for which she had great passion. She had addressed this body with poise and self-control. She had an ability to be able to interact with anyone, whether it was a plant manager or a factory worker, the Governor or a state employee... Jean worked with the same confidence and comfort level. She met everyone with that kind, gentle approach. Jean’s political side however, was somewhat of a paradox. As easy going as Jean Harris was, she knew how to play the game of politics. Even in an environment like this that can sometimes be pretty tough, she always maintained her integrity and dignity, but she was still effective on the issues that she felt strongly about. One-on-one she could be relentless. In her races for trustees or other candidates she was tenacious. She worked tirelessly for her people. The areas of education, the arts and cultural affairs are where her loss will take its greatest toll. She was always a strong advocate for the public education system. The Governor’s School for Math and Science in Hartsville was a project that began with her effort. Her influence has positively impacted every county library in this State, and the Vocational Education system and the Technical Education systems have been blessed by her support. She had in the last few weeks successfully convinced the Joint Bond Review Committee to include funding for Chesterfield-Marlboro Tech in the 1997 Bond Bill. Jean Harris raised our awareness to the necessity of the arts as a part of educational and cultural development. She played a major role in the recognition of South Carolinians in their contributions to the Arts with the Folk Heritage Award and the Elizabeth O’Neil Verner Award. She was a supporter of the expanded role of the Governor’s School for the Arts. She recognized the importance of Parks, Recreation and Tourism in the quality of life for South Carolinians and the economic benefits of the State. She was extremely proud of Cheraw State Park and more than anyone, directed the expansion of the amenities at the facility and turned it into a major tourism attraction in the Pee Dee. Jean Harris was the epitome of a Southern lady with charm and grace. I am going to miss her. She will be missed by the people of Cheraw and Chesterfield County. She will be missed by this General Assembly. Jean will be missed by the many South Carolinians whose lives were touched by her public service. She will be missed but never forgotten. The next time we get into an emotional debate in this chamber about issues that effect the quality of the lives of our citizens, maybe we should remember Jean Harris’ priorities and the manner in which she advanced them. Maybe we, and the State will be better for it."
INVITATION
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
January 22, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Low Income Housing Coalition is hosting a brunch to honor the legislators and the matches who participated in the Walk A Mile In Your Neighbor’s Shoes Project. All members of the House are also invited to attend.
The scheduled date is February 27, 1997, 8:30 A.M. - 10:00 A.M., Blatt Building, Room 208. Please place this event on the House Calendar. If additional information is needed, please call me at 776-2047.
Your assistance is greatly appreciated.
Sincerely,
Edith Jamison
Executive Director
CONCURRENT RESOLUTION
The following was introduced:
H. 3295 -- Reps. Harrison, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING BRIGADIER GENERAL (RETIRED) HAZEL ANNE JOHNSON FOR HER MANY YEARS OF DISTINGUISHED SERVICE TO THE GENERAL ASSEMBLY, TO THE STATE OF SOUTH CAROLINA, AND TO THE UNITED STATES OF AMERICA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 3296 -- Reps. Harvin, Young, G. Brown and Woodrum: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF CHARLES RICHARD “DICK” HARVIN, SR., OF SUMTER AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 244 -- Senator McGill: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES FISH AND WILDLIFE SERVICES AND THE CAPE ROMAIN NATIONAL WILDLIFE REFUGE KEEP THE SOUTH CAROLINA SENATE FISH, GAME, AND FORESTRY COMMITTEE AND THE AGRICULTURE AND NATIONAL RESOURCES COMMITTEE OF THE HOUSE OF REPRESENTATIVES ABREAST OF ALL ACTIVITIES RELATING TO THE PROPOSED CREATION OF A NATIONAL WILDLIFE REFUGE IN GEORGETOWN, HORRY, AND MARION COUNTIES, NORTH OF WINYAH BAY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
CONCURRENT RESOLUTION
The Senate sent to the House the following:
S. 245 -- Senators Holland and McConnell: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. ELISE J. BOURNE OF GEORGETOWN UPON HER DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
INTRODUCTION OF BILLS
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3297 -- Reps. Walker, Altman, Beck, R. Smith, Tripp, Barrett, F. Smith, Mason, Simrill, Townsend, Whatley, Barfield, Law, Spearman, Stille, Wilder, Cooper, Stoddard, Allison, Littlejohn, Lanford, Klauber, Leach, Knotts, Phillips, McCraw, Davenport, Lee, Haskins, Trotter, Riser, Rhoad and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 IN CHAPTER 36 OF TITLE 12, SO AS TO INCREASE THE RATE OF THE STATE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX PERCENT ON ITEMS NOT SUBJECT TO A MAXIMUM TAX AND PROVIDE FOR THE CREDITING OF THE REVENUE OF THIS ADDITIONAL TAX TO A SEPARATE FUND STYLED THE “MOTOR VEHICLE PROPERTY TAX RELIEF FUND” AND TO CREDIT THE EXCESS REVENUE TO THE EDUCATION IMPROVEMENT ACT FUND; TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO THE THREE HUNDRED DOLLAR MAXIMUM SALES AND USE TAX ON MOTOR VEHICLES AND CERTAIN OTHER ITEMS, SO AS TO RAISE THIS MAXIMUM TAX TO THREE HUNDRED SIXTY DOLLARS; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM TAX ONE HUNDRED PERCENT OF THE FAIR MARKET VALUE OF ALL PRIVATE PASSENGER MOTOR VEHICLES AND TRUCKS WITH AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS FROM SCHOOL OPERATING MILLAGE, TO PROVIDE FOR THE REIMBURSEMENT OF SCHOOL DISTRICTS FOR REVENUES NOT COLLECTED BECAUSE OF THIS EXEMPTION FROM THE MOTOR VEHICLE PROPERTY TAX RELIEF FUND, AND FOR THE DISTRIBUTION OF EXCESS REVENUES; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS.
Referred to Committee on Ways and Means.
H. 3298 -- Reps. Walker, Sharpe, Cotty, Wilder, Vaughn, Sandifer, Cato, Allison, Bailey, Littlejohn, Cooper, Kelley, Leach, Rhoad, Stille, Townsend, Stoddard, Barrett, Trotter, Harrell, Martin, Lanford, Keegan and Davenport: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
Referred to Committee on Ways and Means.
H. 3299 -- Rep. Sharpe: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE “A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES” TO “A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES”.
Referred to Committee on Labor, Commerce and Industry.
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
Referred to Committee on Education and Public Works.
H. 3301 -- Reps. Stille, Limehouse, Neilson, Young, Simrill, Mullen, Robinson, Leach, Harvin and Hamilton: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE OF A PERSON WHO OPERATES A MOTOR VEHICLE UPON THE STATE’S PUBLIC ROADS, SO AS TO DECREASE THE PERCENTAGES OF ALCOHOL IN A PERSON’S BLOOD WHO IS AT LEAST TWENTY-ONE YEARS OF AGE USED TO CREATE PRESUMPTIONS OF UNDER THE INFLUENCE OR NO PRESUMPTION OF BEING UNDER THE INFLUENCE WHICH MUST BE USED TO DETERMINE THE GUILT OF A PERSON VIOLATING SECTION 56-5-2930, TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO IS AT LEAST TWENTY-ONE YEARS OF AGE IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS EIGHT ONE-HUNDREDTHS OF ONE PERCENT OR MORE BY WEIGHT OF ALCOHOL IN THE PERSON’S BLOOD, AND TO PROVIDE THAT IT MAY BE INFERRED THAT A PERSON WHO IS LESS THAN TWENTY-ONE YEARS OF AGE IS UNDER THE INFLUENCE OF ALCOHOL IF THERE WAS ANY PERCENT WEIGHT OF ALCOHOL IN THE PERSON’S BLOOD.
Referred to Committee on Judiciary.
H. 3302 -- Reps. Stille, Neilson, Klauber, Townsend, Govan, Robinson, Rodgers, Easterday, Young, Simrill, Riser, Harvin, Wilkes, Leach and Hamilton: A BILL TO AMEND SECTION 56-3-1250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS, POSSESSION, AND DISPLAY OF REGISTRATION CARDS AND CERTAIN PENALTY PROVISIONS, SO AS TO REQUIRE PROOF OF INSURANCE TO BE CARRIED BY A DRIVER AND DISPLAYED BY THE DRIVER WHEN A LAW ENFORCEMENT OFFICER REQUESTS IT.