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
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Printed Page 2910 . . . . . Wednesday, March 2,
1994
ROLL CALL
The roll call of the House of Representatives was taken resulting as
follows.
Alexander, M.O. Allison Anderson
Askins Bailey, G. Bailey, J.
Baker Baxley Beatty
Boan Breeland Brown, H.
Brown, J. Carnell Cato
Chamblee Cobb-Hunter Cooper
Davenport Delleney Fair
Farr Fulmer Gamble
Govan Hallman Harrell
Harrelson Harris, J. Harris, P.
Harrison Harvin Harwell
Haskins Hines Hodges
Holt Houck Hutson
Inabinett Jaskwhich Jennings
Keegan Kelley Kennedy
Keyserling Kinon Kirsh
Klauber Koon Lanford
Law Littlejohn Marchbanks
Martin McAbee McCraw
McKay McLeod McMahand
McTeer Meacham Moody-Lawrence
Neal Neilson Phillips
Rhoad Richardson Riser
Robinson Rogers Rudnick
Scott Sharpe Sheheen
Shissias Simrill Smith, D.
Smith, R. Snow Stille
Stone Stuart Thomas
Townsend Trotter Tucker
Vaughn Walker Wells
Whipper White Wilder, D.
Wilder, J. Wilkes Wilkins
Williams Witherspoon Wofford
Worley Wright Young, A.
Young, R.
Printed Page 2911 . . . . . Wednesday, March 2,
1994
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday,
March 2.
Thomas C. Alexander Robert A. Barber, Jr.
Molly M. Spearman C. Lenoir Sturkie
Alma W. Byrd Grady A. Brown
Eugene C. Stoddard John G. Felder
Dave C. Waldrop, Jr. Larry L. Elliott
H. Howell Clyborne, Jr. Roland S. Corning
James L. M. Cromer, Jr. James G. Mattos
Richard M. Quinn, Jr. Joseph T. McElveen, Jr.
Ralph W. Canty Thomas E. Huff
Lindsey O. Graham Stephen E. Gonzales
Total Present--123
LEAVES OF ABSENCE
The SPEAKER granted Rep. T.C. ALEXANDER a temporary leave of absence.
The SPEAKER granted Rep. WAITES a leave of absence for the day due to illness.
DOCTOR OF THE DAY
Announcement was made that Dr. M.F. McFarland from Columbia, is the Doctor of
the Day for the General Assembly.
SPECIAL PRESENTATION
Rep. FARR recognized Dr. Tommy F. Farr and John E. Farr, descendants of Colonel
William Farr, former House member from Union County.
On motion of Rep. McCRAW, with unanimous consent, Rep. FARR's remarks were
ordered printed in the Journal as follows:
"Mr. Speaker, my distinguished colleagues of the House... Two hundred
years ago today was a sad day for the people in Union County and South Carolina.
A member of this institution passed away who had served his fellowman at every
level of government. Today, I rise before you to reflect for a few moments some
highlights of a fine outstanding South Carolinian who was truly a legend in his
time. My ancestor, Colonel William Farr is the man we are honoring today as we
celebrate
Printed Page 2912 . . . . . Wednesday, March 2,
1994
the commemoration of the two hundred anniversary of his death. First allow me
to thank you publicly for your support in passing a Joint Resolution of the
General Assembly honoring Colonel Farr. Your kind support of the endeavor
sought by many of us in Union County and indeed throughout the country, will
never be forgotten. I believe that we should make time for other such occasions
to remember the ones, that we know of, who have served in our institution and
who have served our State with great distinction. Far too often, we are too
busy with our duties here at the Capitol to really take time to honor the real
heroes of our great State and what they have meant in our history.
Nevertheless, this occasion is one that I could not let pass by. Had it not
been for the thousands of people in Union County who have honored me by allowing
me to serve with you in this institution, this commemoration may have passed us
by and that would have been a sad day in our history in my opinion. I can't say
enough how honored I am to be serving in an institution where my ancestor served
ten scores ago. Rep. William Farr did not live an easy life. He lost both his
parents at a very young age. He was born and reared in Onslow County in our
sister state. When he became of age he moved westward to Mecklenburg for a
while and then moved southward to Union County where he settled along the west
banks of Broad River to Fish Dam. It is there where he raised his family. He
was a volunteer in the American Revolution. He fought vigorously for American
Independence along with many great soldiers. He served as a Captain, Adjutant,
Major and finally as Lt. Colonel until the end of the war. He fought first in
the Famous Snow Campaign in 1775, then in the battles of Musgrove's Mills,
Blackstock on the Tiger River, Stono, Hanging Rock, Rocky Mount, and he gave
permission to fire the first shot at an advancing British line at the Battle of
Cowpens thus starting that battle. We have studied extensively about his
service to his country through his service to the Military and he has
continuously been regarded as a true patriot, brave soldier and a virulent hater
of Tories. In the book written by the Rev. J. D. Bailey titled `Some Heroes of
the American Revolution', a total chapter was written about Col. William Farr.
I would like to share two special passages that I liked most of all. Colonel
Farr apparently was accompanied by a loyal attendant named `Lemerick' who often
accompanied him on his campaign. One of his stories was that `Everybody said
Colonel Shelby whipped the British at Musgrove's Mill, but that was not right,
for old Master had them whipped before Colonel Shelby got there.' The other
passage was, `Once when the Whigs had been driven from the west side of Broad
River, Colonel Farr and some of his associates were camped on the east side.
Farr hearing that his wife
Printed Page 2913 . . . . . Wednesday, March 2,
1994
was sick, determined to visit her and look after her condition. Major Joseph
McJunkin, Captain William Giles, Adam Skain, Thomas Wood and others volunteered
to accompany him. They crossed Broad River at night, and cautiously approached
the house and found it full of Tories. Farr and Giles went to one door, while
McJunkin, Skain and Wood went to the other. McJunkin knocked at his door, and
the Tories rushed to the other one to make their escape. The first one to put
out his head was killed by Farr with his sword. Then he and his friends rushed
into the house and captured the lot. His friends then told him that they would
look after the prisoners. Major McJunkin is quoted as saying that the prisoners
were taken off, disposed of, and were never heard of afterward. The friends of
Farr soon returned to the house, where he made such provision for his family as
the short time permitted, and the whole party returned to the east side of the
river before daylight.' After the successful War was over, Col. Farr's service
to our people was not over. He was appointed as the first Sheriff of Union
County and later, in 1790, he was elected as the first House member from Union
County. He served in the Ninth and Tenth General Assemblies from 1791 until his
death on March 2, 1794. We have studied his service in the House of
Representatives and his record is remarkable. In a word, he was a strong
supporter of the Military and the Judicial Branch of Government. He apparently
did not support a strong Chief Executive. His record reflects he supported high
ethics from public officials and he believed in and voted for a fair and open
government. He was a very active member of this institution. Like me, he
served under a strong Speaker of the House, Speaker Jacob Read, he served under
two popular Governors, Governor Charles Pinckney and Governor William Moultrie.
At that particular time in our history, George Washington was President of the
United States of America. We had thirteen proud and unified colonies. Serving
under a new State Constitution, the upcountry had just gained major seats in
the House of Representatives, an important victory for the citizens of our area.
When the Ninth General Assembly met, it was only the second time in our history
that they met in Columbia. But make no mistake, our predecessors had long and
hard journeys to our new Capitol. Unlike the first, second, third, fifth,
sixth, and seventh General Assemblies who met in Charles Town, journeys were now
hard for most everyone especially in the lowcountry and upcountry. Col. William
Farr and his colleagues had to make great personal and family sacrifices to
serve our State... much more so than we do today. By the time Col. William Farr
was elected to the House, he had lost a wife and mother of his first four
children and one stepchild. He remarried and was a successful family man who
raised a total of eleven children. His last son
Printed Page 2914 . . . . . Wednesday, March 2,
1994
was born eleven days after his death. He was a planter and a merchant and as
I've said, highly regarded by all those who knew him. His will affirms that he
was a Christian and a God-Fearing man. His commitment to public service was a
trait that has been continued by many of his decedents. In Union County for
example, they served the office of County Auditor, County Treasurer, City
Council, County Council, County Superintendent of Education and I'm honored now
to be serving in this honorable institution. Many other have served in public
offices in other counties and States that we know of. Another example would be
Sheriff Bill Blanton who now serves as Sheriff of Cherokee County. Many other
decedents have served in the Military including most of his Great-Grandsons who
fought in the Civil War and many others in wars of yesteryear. But no matter
who served in what capacity, all of us share one great common denominator of
this man, Colonel William Farr, and that is pride. To prove this point to some
degree is to introduce to you two important individuals standing at my side
today whom I have joined in the many years of research of ancestors and
decedents of Colonel William Farr. John E. Farr of Union now serving as Vice
Chairman of the Union County Council and Dr. Tommy F. Farr who is serving in the
Foreign Services of the United States Government currently stationed at the U.
S. Embassy in Bonn, Germany. Others who are with us today are from various other
parts of the United States including Washington State, Tennessee, Alabama,
Georgia, Pennsylvania, Missouri, Louisiana, Texas, Florida and Mississippi.
Needless to say are many others from our own, Union County. As I look upon the
gallery, I see but one vacant seat that saddens me and that is one of my
Grandfather Willie H. Farr who passed away this past June 3rd. Much due to his
encouragement and his many words of wisdom for me, I stand here with you today.
He was looking forward to this occasion and he was also very proud of his
heritage. When we leave the State Capitol today, we are returning to Union
County to unveil the signs naming the South Carolina Highway 72 Bridge on the
Union and Chester County line the `Colonel William Farr Memorial Bridge' and
will continue to a memorial service at Colonel Farr's grave site on his beloved
plantation at Fish Dam where we will be joined by others from Union County. In
closing, I would like to quote an article which appeared in the Union Time
Weekly Newspaper in 1882 in reference to Colonel Farr's life, `Brave and kind,
patient under hardships, magnanimous in victory..., this great man deserves to
be remembered. The snows of nearly two centuries have fallen upon his grave,
but the integrity of his personal character, his fidelity to fixed principles,
his unconquerable and undying consecration to right and to his Country, are
Printed Page 2915 . . . . . Wednesday, March 2,
1994
still kept alive in the light of vestal fires of liberty before which he bowed
in the earliest Spring.' Now, in accordance with the Joint Resolution passed by
this General Assembly, I now present to John and Tommy Farr a true original copy
on behalf of the decedents of Colonel William Farr. Thank you for your
indulgence and God Bless You."
ORDERED TO THIRD READING
The following Bills and Joint Resolution were taken up, read the second time,
and ordered to a third reading:
H. 4840 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair,
Haskins, Jaskwhich, Mattos, McMahand and Vaughn: A BILL TO AMEND SECTION
7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO
AS
TO REDESIGNATE CERTAIN POLLING PLACES.
H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF
THE GEORGETOWN COUNTY SCHOOL DISTRICT 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
DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.
S. 1193 -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY
OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF
SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE
TO A
MALFUNCTION OF THE HEATING SYSTEM IS 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.
S. 1207 -- Senators Greg Smith and McGill: A BILL TO ABOLISH THE GEORGETOWN
COUNTY BOARD OF VOTER REGISTRATION AND GEORGETOWN COUNTY ELECTION
COMMISSION,
AND TO
Printed Page 2916 . . . . . Wednesday, March 2,
1994
CREATE THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION.
SENT TO THE SENATE
The following Bills and Joint Resolutions were taken up, read the third time,
and ordered sent to the Senate.
H. 4356 -- Reps. Wilkins, Allison, Elliott, Gamble, Corning and Harrell: A BILL
TO AMEND SECTION 16-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO FORGERY, SO AS TO DELETE PROVISIONS ON THE MISDEMEANOR OFFENSE.
H. 4358 -- Reps. Wilkins, Allison, Elliott and Marchbanks: A BILL TO AMEND
SECTION 16-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM
OF
IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100.
H. 4359 -- Reps. Wilkins, Snow, Fair, Vaughn, Allison, Elliott, Mattos and
Marchbanks: A BILL TO AMEND SECTION 16-15-305, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE
CRIME CLASSIFICATION ACT OF 1993.
H. 4512 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-14-20, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO FINANCIAL TRANSACTION CARD THEFT, SO AS TO
CONFORM THE PENALTY TO PROVISIONS OF THE CRIME CLASSIFICATION ACT.
H. 4323 -- Reps. Wilkins, Corning, Jaskwhich, Walker, Haskins, Meacham, Allison,
Snow, Stuart, Hutson and Harrell: A BILL TO AMEND SECTION 16-11-330, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARMED ROBBERY, SO
AS
TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT; AND TO AMEND
SECTION
16-11-340, AS AMENDED, RELATING TO PROVIDING SIGNS STATING THE PENALTY FOR ARMED
ROBBERY, SO AS TO REMOVE FROM THE SIGN CERTAIN PROVISIONS.
Printed Page 2917 . . . . . Wednesday, March 2,
1994
H. 4365 -- Reps. Wilkins, Vaughn, Allison, Elliott and Harrell: A BILL TO
AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO VIOLENT CRIMES, SO AS TO REPEAL THE PROVISIONS REQUIRING THE CRIME
TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS COMMITTED.
H. 4725 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE
REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION
OF
RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1650,
PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4726 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE
REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO PARKING AND
TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1663, PURSUANT TO THE
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4727 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE
REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION
CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION
DOCUMENT NUMBER
1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976
CODE.
H. 4728 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE
REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACADEMIC REQUIREMENTS
FOR
ADDING INSTRUCTIONAL AREAS OF CERTIFICATION, DESIGNATED AS REGULATION
DOCUMENT
NUMBER 1680, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE
1976 CODE.
Printed Page 2918 . . . . . Wednesday, March 2,
1994
H. 3840--AMENDED AND OBJECTIONS
Debate was resumed on the following Bill, the pending question being the
consideration of Amendment No. 1, Rep. PHILLIPS having the floor.
H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A
PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF
THIS
STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT
SYSTEM
MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT
HIS
TEACHING CERTIFICATE HAS BEEN RENEWED.
AMENDMENT NO. 1--ADOPTED
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March
1, by the Committee on Education and Public Works.
Rep. PHILLIPS continued speaking.
The amendment was then adopted.
Rep. GAMBLE proposed the following Amendment No. 2 (Doc Name
L:\council\legis\amend\GJK\20553SD.94).
Amend the Report of the Committee on Education and Public Works, as and if
amended, by adding at the end of Section 59-25-25 of the 1976 Code the following
paragraph:
/No district may employ a retired teacher under the provisions of this
section unless it is unable to employ a certified teacher. Retired teachers
employed under the provisions of this section are considered temporary employees
to which the provisions of Chapter 26 of Title 59 do not apply./
Renumber sections to conform.
Amend title to conform.
Rep. GAMBLE explained the amendment.
Rep. KENNEDY spoke against the amendment.
POINT OF ORDER
Rep. WHIPPER raised the Point of Order that Amendment No. 2 was out of order
as it was not germane.
The SPEAKER overruled the Point of Order.
Printed Page 2919 . . . . . Wednesday, March 2,
1994
Reps. GAMBLE, ALLISON, WALKER, ROBINSON and MARCHBANKS objected to the Bill.
S. 947--DEBATE ADJOURNED
Rep. ROGERS moved to adjourn debate upon the following Bill until Wednesday,
March 9, which was adopted.
S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND
THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO
PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA
AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF
FUNDS THROUGH THE DIVISION ON AGING.
H. 4681--OBJECTION, AMENDED AND
INTERRUPTED DEBATE
The following Bill was taken up.
H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr,
McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber,
Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod,
Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart,
Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells,
Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford
and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK
TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP
ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS,
AND
APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS
IN
ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION
AND
COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND
WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR
AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN
MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL
COURSE
PREREQUISITE REQUIREMENTS AS EQUIVALENT TO
Printed Page 2920 . . . . . Wednesday, March 2,
1994
PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR
POST-SECONDARY
INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS
CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE
GOVERNMENT
AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND
LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION
41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE
OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY
HOURS A
WEEK AND TO PROVIDE EXCEPTIONS.
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