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 2140, Feb. 16 | Printed Page 2160, Feb. 16 |

Printed Page 2150 . . . . . Wednesday, February 16, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 4746 -- Reps. Walker, Littlejohn, Allison, Lanford, Wells, Beatty, D. Smith and Davenport: A CONCURRENT RESOLUTION SALUTING THE NATIONAL BETA CLUB, WHICH WAS FOUNDED IN LANDRUM IN SPARTANBURG COUNTY, ON ITS SIXTIETH ANNIVERSARY AND WISHING THE CLUB MANY MORE YEARS OF SUCCESS.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1143 -- Senator Wilson: A CONCURRENT RESOLUTION PROCLAIMING FEBRUARY 27 THROUGH MARCH 5, 1994, AS "MIDLANDS FIGHTING BACK WEEK".

Whereas, over the past few years, thousands of citizens have joined forces to create Midlands FIGHTING BACK, a movement to combat alcohol and other drug abuse on a comprehensive scale by involving all segments of the community in Fairfield, Lexington, Newberry, and Richland counties; and

Whereas, families, youth, physicians, religious leaders, health care providers, educators, law enforcement, business leaders, government officials, the media, and other concerned citizens in all four counties have been working together to develop a comprehensive plan for the Midlands; and

Whereas, surveys have shown that sixty percent of Midlands youth have used alcohol and other drugs; and

Whereas, alcohol is a leading factor in individual and family crime and violence; and

Whereas, underage drinking is a primary health risk to youth in the Midlands; and

Whereas, each year in South Carolina, 3,350 children and adults die from alcohol and other drug-related tragedies; and

Whereas, the abuse of alcohol and other drugs affects everyone in the Midlands; and

Whereas, the citizens of Fairfield, Lexington, Newberry, and Richland counties are unwilling to let this tragedy continue without a fight. Now, therefore,


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

That February 27 through March 5, 1994, is proclaimed Midlands FIGHTING BACK Week.

Be it further resolved that residents of the Midlands are called upon to participate in appropriate observances of the week.

Be it further resolved that a copy of this resolution be forwarded to Mr. James E. Brown, Regional Director, Midlands Fighting Back, PO Box 50597, Columbia, SC 29250.

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

INTRODUCTION OF BILLS

The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 4747 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.

Referred to Committee on Judiciary.

H. 4748 -- Reps. Quinn, Meacham, Waldrop, Harrison, Keegan, Koon, Riser, Sturkie, Vaughn, A. Young, Wilkes, Wright, Chamblee, Hallman, D. Smith, Baker, Haskins, Clyborne, Fulmer, Littlejohn, Hutson, Simrill, Robinson, R. Young, Wells, Walker, Klauber, Fair, Harrell, Shissias, Kelley, Corning and Cooper: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT STATE TAXES MAY NOT BE INCREASED AND NEW STATE TAXES MAY NOT BE IMPOSED EXCEPT UPON A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE STATE IN A REFERENDUM, TO LIMIT INCREASES IN STATE SPENDING TO THE INCREASE IN THE CONSUMER PRICE INDEX AND PROVIDE EXCEPTIONS, TO AUTHORIZE THE GOVERNOR TO DECLARE A FISCAL EMERGENCY THAT SUSPENDS THE LIMITATIONS IMPOSED BY THIS SECTION FOR THE DURATION OF THE EMERGENCY AND ESTABLISH HOW THE LIMITATIONS ARE REIMPOSED AND TO PROVIDE THAT THE GENERAL


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ASSEMBLY SHALL PROVIDE BY LAW FOR THE IMPLEMENTATION OF THESE LIMITATIONS.

Referred to Committee on Ways and Means.

H. 4749 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO LIABILITY INSURANCE FOR MOTOR CARRIERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1700, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND TITLE 5, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES AND FIRE PREVENTION, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE INSTALLATION AND USE OF SMOKE DETECTORS IN RENTAL DWELLINGS AND HOUSING AND PROVIDE FOR PENALTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 4751 -- Reps. Wofford, Waldrop and P. Harris: A BILL TO AMEND SECTION 44-7-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR LICENSURE FOR CERTAIN HEALTH FACILITIES AND SERVICES, SO AS TO EXEMPT COMMUNITY-BASED HOUSING SPONSORED, LICENSED, OR CERTIFIED BY THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4752 -- Reps. Kelley, Martin, Witherspoon and Snow: A BILL TO PROVIDE THAT MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF


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DETERMINING RESULTS AND THE DATE THE MEMBER TAKES OFFICE.

On motion of Rep. KELLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4753 -- Reps. Kelley, Martin, Worley, Witherspoon, Keegan, Riser and Snow: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.

Referred to Committee on Judiciary.

H. 4754 -- Reps. Baker, G. Bailey and T.C. Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE REQUIREMENT IN SECTION 40-79-140 OF THE 1976 CODE OF LAWS MANDATING APPLICANTS FOR AN ALARM SYSTEM BUSINESS LICENSE TO PROVIDE EVIDENCE OF COMPLETION OF THE "NATIONAL INSTITUTE FOR CERTIFICATION IN ENGINEERING TECHNOLOGIES (NICET) LEVEL III FIRE ALARM SYSTEMS ENGINEERING TECHNICIAN'S COMPETENCY TEST" IS SUSPENDED AND SHALL NOT BE ENFORCED FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS.

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4755 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF ANNUAL LEAVE ALLOWED STATE EMPLOYEES, SO AS TO DELETE THE PROVISION LIMITING THE MAXIMUM ANNUAL LEAVE ALLOWED IN ONE YEAR TO THIRTY DAYS.

Referred to Committee on Ways and Means.

H. 4756 -- Reps. Waites, Inabinett, Moody-Lawrence, Graham, Whipper, Waldrop, Neilson, Scott, Snow, Shissias, Harrelson, Breeland, Govan, Neal, Corning, Rudnick, Rogers, Thomas, Riser and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32


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SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320, RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 671 -- Senator Land: A BILL TO AMEND SECTIONS 12-19-20, AS AMENDED, 12-19-100, 12-19-110, AND 33-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE LICENSE FEES, LICENSE FEES ON UTILITIES AND ELECTRIC COOPERATIVES, AND FILING FEES CHARGED FOR DOCUMENTS FILED WITH THE SECRETARY OF STATE, SO AS TO PROVIDE THAT THE CORPORATE LICENSE FEE FOR FOREIGN CORPORATIONS MUST BE PAID WHEN FILING WITH THE SECRETARY OF STATE AND TO DELETE OBSOLETE PROVISIONS RELATING TO THE LICENSE TAX ON UTILITIES AND ELECTRIC COOPERATIVES.

Referred to Committee on Judiciary.

S. 1096 -- Senators Land, Moore, Waldrep and Giese: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CERTAIN VIOLATIONS BY JUVENILES, SO AS TO REQUIRE THE FAMILY COURTS TO REPORT ALSO VIOLATIONS THAT AFFECT THE JUVENILE'S PRIVILEGE TO DRIVE; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DEFINE CONTROLLED SUBSTANCE VIOLATIONS; TO AMEND SECTION 56-1-747, RELATING TO WHAT CONSTITUTES A


Printed Page 2155 . . . . . Wednesday, February 16, 1994

CONVICTION FOR SUSPENSION PURPOSES, SO AS TO INCLUDE JUVENILE PROCEEDINGS.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 4757 -- Rep. Fulmer: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO ARTICLE V OF THE UNITED STATES CONSTITUTION THAT WILL ENABLE THREE-FOURTHS OF THE STATES TO AMEND THE CONSTITUTION SUBJECT TO CONGRESSIONAL VETO.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4758 -- Rep. Fulmer: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE I-526 BETWEEN GENERAL WESTMORELAND BRIDGE AT THE ASHLEY RIVER AND U.S. HIGHWAY 17 THE THEODORE TOBIAS MAPPUS, JR., EXCHANGE.

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

HOUSE RESOLUTION

The following was introduced:

H. 4759 -- Reps. Snow, A. Young, Rudnick, Houck, Moody-Lawrence, Davenport, Chamblee, Wilkins, McMahand, Carnell, Anderson, Askins, Worley, Elliott, Stone, Phillips, Gamble, M.O. Alexander, Cato, Baker, G. Bailey, Wells, Mattos, McCraw, Kinon, Kirsh, Kelley, Waldrop, Trotter, D. Smith, D. Wilder, Richardson, Keegan, Harrelson, Spearman, P. Harris, Jaskwhich, Felder, Quinn, G. Brown, J. Wilder, Wright, Littlejohn, Meacham, Baxley, Kennedy, Rogers, Inabinett, White, Holt, R. Smith, Whipper, Canty, Govan, Simrill, J. Brown, Neilson, Breeland, Williams, Law, Scott, Harrell, Corning, Waites and Allison: A HOUSE RESOLUTION TO GRANT SPECIAL LEAVE OF THE HOUSE OF


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REPRESENTATIVES TO ADMIT JAMES BROWN OF AIKEN, WORLD-RENOWNED AMERICAN VOCAL ARTIST, TO THE FLOOR OF THE HOUSE FOR THE PURPOSE OF BEING RECOGNIZED FOR HIS MANY MUSICAL ACCOMPLISHMENTS AND HONORS.

The Resolution was ordered referred to the Committee on Rules.

ROLL CALL

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

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Bailey, J.
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Canty            Carnell
Cato             Chamblee         Clyborne
Cooper           Corning          Cromer
Davenport        Delleney         Elliott
Fair             Farr             Felder
Fulmer           Gamble           Gonzales
Govan            Graham           Hallman
Harrelson        Harris, J.       Harris, P.
Harrison         Harwell          Haskins
Hines            Hodges           Holt
Houck            Huff             Hutson
Inabinett        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       Mattos
McAbee           McCraw           McElveen
McKay            McLeod           McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rudnick
Scott            Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Sturkie          Thomas
Townsend         Trotter          Tucker

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Vaughn           Waites           Waldrop
Walker           Wells            Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Wright
Young, A.        Young, R.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, February 16. Harold G. Worley Gilda Cobb-Hunter Morgan Martin Dell Baker Michael F. Jaskwhich Robert A. Barber, Jr. Harry R. Askins Timothy F. Rogers Robert W. Harrell, Jr. C. Alex Harvin, III

Total Present--123

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Beverly Simons from Columbia is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. CORNING, SHISSIAS and SCOTT presented to the House the Richland Northeast High School's Model United Nations team and faculty advisors.

ORDERED TO THIRD READING

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

H. 4732 -- Reps. Richardson, White, Harrelson and Keyserling: A BILL TO CREATE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS AND TO ABOLISH THE


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BEAUFORT COUNTY ELECTION COMMISSION AND BEAUFORT COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

SENT TO THE SENATE

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

H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.

H. 4691--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

Rep. R. YOUNG proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20347SD.94).

Amend the bill, as and if amended, by adding the following new section to be appropriately numbered which shall read:

/SECTION No taxpayer entitled to refund of state income taxes paid as a result of the Davis v. Michigan decision may have his refund reduced for the payment of any attorney fees resulting from the settlement of the cases of Bass v. The State of South Carolina and Perri v. The State of South Carolina unless he was a member of the class of plaintiffs


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bringing these actions prior to their time of settlement and not joined in the class thereafter./

Renumber sections to conform.

Amend title to conform.

Rep. R. YOUNG explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. R. YOUNG continued speaking.

Rep. SHEHEEN spoke against the amendment.

Rep. R. YOUNG spoke in favor of the amendment.

Rep. SHEHEEN spoke against the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. SHEHEEN having the floor.

Rep. BOAN moved that the House do now adjourn.

Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:

Yeas 43; Nays 65

Those who voted in the affirmative are:

Anderson         Askins           Bailey, J.
Barber           Boan             Breeland
Brown, H.        Carnell          Clyborne
Cobb-Hunter      Elliott          Farr
Hallman          Harrelson        Harris, J.
Harris, P.       Hines            Hodges
Holt             Houck            Inabinett
Keegan           Keyserling       Kinon
Kirsh            McAbee           McCraw
McKay            McMahand         Moody-Lawrence
Neal             Phillips         Rogers
Rudnick          Scott            Shissias
Townsend         Tucker           Waites

Printed Page 2160 . . . . . Wednesday, February 16, 1994

Whipper          White            Wilder, D.
Wilkes

Total--43

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Baxley           Beatty
Cato             Cooper           Corning
Cromer           Davenport        Delleney
Fair             Felder           Fulmer
Gamble           Gonzales         Graham
Harrell          Harrison         Haskins
Huff             Hutson           Jaskwhich
Jennings         Kelley           Kennedy
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
Martin           McTeer           Meacham
Neilson          Quinn            Rhoad
Richardson       Riser            Robinson
Sharpe           Sheheen          Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Thomas           Trotter          Vaughn
Walker           Wells            Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, R.

Total--65

So, the House refused to adjourn.


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