Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 1270, Jan. 26 | Printed Page 1290, Jan. 27 |

Printed Page 1280 . . . . . Thursday, January 27, 1994

H. 4635 -- Rep. Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-285 SO AS TO PROHIBIT THE SALE OF BEER BONGS, FUNNELS, OR SIMILAR PARAPHERNALIA AND TO PROVIDE PENALTIES.

Referred to Committee on Judiciary.

H. 4636 -- Reps. Sharpe, Allison, A. Young, McLeod, Littlejohn, Stone, Marchbanks, G. Brown, Davenport, Rhoad, Felder, R. Smith, H. Brown, Simrill, Law, Sturkie, Corning, G. Bailey, McKay, Harrison, Shissias, Haskins, Snow, Carnell, Canty, Farr, Wells, Riser, Witherspoon, Fulmer, Wright, Koon, Klauber, Stuart, Wofford, Tucker, Gamble, McAbee, Thomas, McCraw, P. Harris, Spearman, Huff, D. Smith, Lanford, Rhoad, Rudnick, Quinn, Gonzales, Baker, Hutson, Clyborne, Stoddard, Harvin, R. Young, Houck, Moody-Lawrence, Cooper and Walker: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 106 SO AS TO ENACT THE "SOUTH CAROLINA HIGHER EDUCATION COORDINATING COUNCIL ACT OF 1994", INCLUDING PROVISIONS TO ESTABLISH THE HIGHER EDUCATION COORDINATING COUNCIL WITHIN THE GOVERNOR'S OFFICE, TO PROVIDE FOR ITS POWERS, DUTIES, AND FUNCTIONS, TO REQUIRE PUBLIC INSTITUTIONS OF HIGHER LEARNING TO


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SUBMIT SUMMARY BUDGETS TO THE COUNCIL AND PROVIDE FOR THE MANNER IN WHICH THIS SUMMARY BUDGET MUST BE COMPILED AND INSTITUTIONAL FEES AND REVENUES UTILIZED, AND TO TRANSFER TO AND DEVOLVE UPON THE COUNCIL CERTAIN DUTIES OF THE STATE COMMISSION ON HIGHER EDUCATION ON JULY 1, 1994.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 4637 -- Rep. J. Wilder: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MS. LOUISE R. RAVENEL, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., FOR HER DEDICATION AND OVER THIRTY-FOUR YEARS OF SERVICE TO BETTERING THE LIVES OF PERSONS WITH DISABILITIES AND TO WISH HER GOOD HEALTH AND HAPPINESS IN HER RETIREMENT.

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

ROLL CALL

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

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Baker            Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Canty            Carnell          Cato
Chamblee         Cobb-Hunter      Cooper
Corning          Cromer           Davenport
Delleney         Elliott          Fair
Farr             Fulmer           Gamble
Govan            Graham           Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Haskins          Hines            Hodges
Holt             Houck            Hutson

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Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Kinon            Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       Martin
Mattos           McAbee           McCraw
McElveen         McKay            McMahand
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Richardson       Riser            Robinson
Rogers           Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stoddard         Stone            Stuart
Sturkie          Thomas           Townsend
Trotter          Tucker           Waites
Waldrop          Walker           Wells
Whipper          Wilder, D.       Wilder, J.
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, January 27. Roger M. Young Stephen E. Gonzales William D. Keyserling Robert A. Barber, Jr. Juanita M. White James P. Harrelson John G. Felder Lewis R. Vaughn Richard M. Quinn, Jr. E.B. McLeod, Jr. Thomas E. Huff Alma W. Byrd

Total Present--122

LEAVE OF ABSENCE

The SPEAKER granted Rep. McTEER a leave of absence for the day due to illness.


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DOCTOR OF THE DAY

Announcement was made that Dr. Carol S. Nichols of Spartanburg is the Doctor of the Day for the General Assembly.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 1066 -- Senator Leatherman: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 9, 1993, MISSED BY THE STUDENTS OF SOUTHSIDE MIDDLE SCHOOL, FLORENCE CAREER CENTER, AND SOUTH FLORENCE HIGH SCHOOL OF FLORENCE SCHOOL DISTRICT ONE IN FLORENCE COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

ORDERED TO THIRD READING

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

H. 4564 -- Rep. Spearman: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.

S. 1072 -- Senators Moore, Setzler and Ryberg: A BILL TO AMEND SECTION 7-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE AND ADD NEW PRECINCTS, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE AIKEN COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE AIKEN COUNTY LEGISLATIVE DELEGATION.


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H. 4564--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SPEARMAN, with unanimous consent, it was ordered that H. 4564 be read the third time tomorrow.

S. 1072--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. R. SMITH, with unanimous consent, it was ordered that S. 1072 be read the third time tomorrow.

SENT TO THE SENATE

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

H. 3304 -- Rep. Cato: A BILL TO AMEND SECTION 50-21-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO MORE CLEARLY DEFINE PERSONAL FLOTATION DEVICE REQUIREMENTS.

H. 3327 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.

H. 3357 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL.

H. 3549 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.

H. 3916 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.


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H. 4067 -- Rep. White: A BILL TO AMEND SECTION 50-17-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRAB TRAWLING, SO AS TO REVISE PERMIT AND TRAWLING RESTRICTIONS.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.

S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.

H. 4350--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.

H. 4350 -- Reps. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter,


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Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder, Harrell and Breeland: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH AND TO DEFINE PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN CRACK COCAINE.

LEAVE OF ABSENCE

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

H. 4391--DEBATE ADJOURNED

The following Bill was taken up.

H. 4391 -- Reps. Lanford, Harvin, Littlejohn, D. Wilder, Fulmer, Cromer, Allison, Inabinett, Wilkes, Waldrop, J. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO REQUIRE THE STATE TO FURNISH A BULLETPROOF VEST TO EACH LAW ENFORCEMENT OFFICER UPON SUCCESSFUL COMPLETION OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING SCHOOL PROGRAM.

Reps. LANFORD and BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15631AC.94).

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 23-1-225.(A)The South Carolina Criminal Justice Academy shall furnish a bulletproof vest to each law enforcement officer, as defined


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in Section 23-23-10, upon successful completion of the South Carolina Law Enforcement Training School Program, conducted pursuant to Chapter 23, and qualification as a law enforcement officer.

(B) When issued the vest, the officer shall sign a sworn statement that the officer will not hold the State liable if the officer is injured or killed in the line of duty while not wearing the bulletproof vest and there is a substantial likelihood that the vest would have prevented the injury or death.

(C) The Criminal Justice Academy shall purchase vests as required by this section from existing funds of the agency."

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

Renumber sections to conform.

Amend title to conform.

Rep. LANFORD explained the amendment.

Rep. BAXLEY moved to adjourn debate upon the Bill until Tuesday, February 1, which was adopted.

H. 4421--DEBATE ADJOURNED

Rep. J. BAILEY moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.

H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE


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MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.

H. 4604--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.

H. 4604 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.

H. 3635--OBJECTIONS WITHDRAWN AND
ORDERED TO THIRD READING

Upon the withdrawal of objections by Reps. WAITES, HOLT and CORNING, the following Bill was taken up.

H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.

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

H. 3631--OBJECTIONS WITHDRAWN

Reps. RISER and D. SMITH withdrew their objections to H. 3631 however, other objections remained upon the Bill.

H. 4421--OBJECTION WITHDRAWN

Rep. SPEARMAN withdrew her objection to the following Bill.

H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE


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UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.

H. 3631--OBJECTIONS WITHDRAWN

Reps. TROTTER, ALLISON, ROBINSON and WRIGHT withdrew their objections to H. 3631 however, other objections remained upon the Bill.

H. 3200--SUSTAINED

The Veto on the following Act was taken up.

(R280) H. 3200 -- Rep. Snow: AN ACT TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS; AND TO AMEND SECTION 50-17-105, RELATING TO THE PROHIBITION ON THE DISPLAY OF DOLPHINS AND WHALES, SO AS TO DELETE THE PROHIBITION AND PROVIDE CIRCUMSTANCES UNDER WHICH IT IS LAWFUL TO DISPLAY DOLPHINS AND WHALES.


| Printed Page 1270, Jan. 26 | Printed Page 1290, Jan. 27 |

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