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 350, Jan. 13 | Printed Page 370, Jan. 13 |

Printed Page 360 . . . . . Thursday, January 13, 1994

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 13.

M.O. Alexander           James H. Hodges
Teddy N. Trotter         Joseph T. McElveen, Jr.
Heyward G. Hutson        Alma W. Byrd

Printed Page 361 . . . . . Thursday, January 13, 1994

Dell Baker               Richard M. Quinn, Jr.
H. Howell Clyborne, Jr.  C. Alex Harvin, III

Total Present--122

H. 4264--TABLED

The following Bill was taken up.

H. 4264 -- Reps. Robinson, Marchbanks and Trotter: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN PICKENS COUNTY UNTIL JULY 1, 1994.

Rep. MARCHBANKS moved to table the Bill, which was agreed to.

H. 4289--TABLED

The following Bill was taken up.

H. 4289 -- Reps. Stoddard, Carnell and D. Wilder: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN LAURENS COUNTY UNTIL JULY 1, 1994.

Rep. D. WILDER moved to table the Bill, which was agreed to.

ORDERED TO THIRD READING

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

H. 4452 -- Reps. R. Smith, Huff, Stone, Rudnick and Sharpe: A BILL TO PROVIDE THAT THE BEECH ISLAND WATER DISTRICT IN AIKEN COUNTY MAY CONTINUE TO SERVE PERSONS WHO WERE CUSTOMERS AS OF JANUARY 1, 1993.

H. 4459 -- Rep. McTeer: A BILL TO AMEND ACT 445 OF 1947, AS AMENDED, THE SUPPLY BILL FOR HAMPTON COUNTY FOR FISCAL YEAR 1947-48, SO AS TO INCREASE THE SIZE OF THE BOARD OF DIRECTORS OF THE HAMPTON GENERAL HOSPITAL FROM FIVE TO NINE MEMBERS AND TO REVISE AND DELETE OBSOLETE REFERENCES.


Printed Page 362 . . . . . Thursday, January 13, 1994

H. 4452--ORDERED TO BE READ
THIRD TIME TOMORROW

On motion of Rep. R. SMITH, with unanimous consent, it was ordered that H. 4452 be read the third time tomorrow.

H. 4459--ORDERED TO BE READ
THIRD TIME TOMORROW

On motion of Rep. McTEER, with unanimous consent, it was ordered that H. 4459 be read the third time tomorrow.

H. 3765--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3765 -- Reps. Scott and Williams: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

POINT OF ORDER

Rep. FAIR 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. 4421--POINT OF ORDER

The following Bill was taken up.

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


Printed Page 363 . . . . . Thursday, January 13, 1994

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.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 4438--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4438 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE BRUCE THIESEN, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 23, 1994.

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

That the Honorable Bruce Thiesen, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:00 Noon on Wednesday, March 23, 1994.

The question then recurred to the adoption of the Concurrent Resolution.

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

Yeas 86; Nays 3

Printed Page 364 . . . . . Thursday, January 13, 1994

Those who voted in the affirmative are:
Alexander, T.C.  Allison          Askins
Baxley           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Byrd             Carnell          Chamblee
Cooper           Cromer           Davenport
Delleney         Elliott          Fair
Gamble           Gonzales         Govan
Graham           Harrelson        Harris, J.
Harris, P.       Haskins          Hines
Hutson           Inabinett        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Koon             Law
Littlejohn       Marchbanks       Mattos
McAbee           McCraw           McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Richardson
Riser            Robinson         Rogers
Rudnick          Scott            Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Sturkie          Thomas
Townsend         Trotter          Tucker
Vaughn           Waites           Waldrop
Walker           Wells            Wilder, D.
Wilder, J.       Wilkes           Wilkins
Williams         Wofford          Worley
Wright           Young, A.

Total--86

Those who voted in the negative are:

Canty            Sharpe           Whipper

Total--3

So, the Concurrent Resolution was adopted and ordered sent to the Senate.


Printed Page 365 . . . . . Thursday, January 13, 1994

MOTION PERIOD

The motion period was dispensed with on motion of Rep. BOAN.

H. 3310--TABLED

The following Bill was taken up.

H. 3310 -- Reps. Phillips, Rogers, McTeer, A. Young and Meacham: A BILL TO AMEND SECTION 59-63-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE OF ATTENDANCE FOR THE PUBLIC SCHOOLS OF THIS STATE AND SECTION 59-65-10, RELATING TO THE RESPONSIBILITY OF PARENTS OR GUARDIANS TO CAUSE THEIR CHILDREN TO ATTEND SCHOOL SO AS TO CHANGE FROM NOVEMBER FIRST TO SEPTEMBER FIRST THE DATE IN A PARTICULAR SCHOOL YEAR WHICH DETERMINES A CHILD'S ELIGIBILITY FOR ATTENDANCE BASED ON AGE.

Rep. McTEER moved to table the Bill, which was agreed to.

H. 3098--DEBATE ADJOURNED

The following Bill was taken up.

H. 3098 -- Rep. Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 35 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR SPECIAL LICENSE PLATES FOR SELECTIVE SERVICE BOARD MEMBERS, INCLUDING PROVISIONS THAT MAKE IT UNLAWFUL KNOWINGLY TO PERMIT THE LICENSE PLATE TO BE DISPLAYED ON A VEHICLE OTHER THAN THE ONE AUTHORIZED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

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

H. 3411--TABLED

The following Bill was taken up.

H. 3411 -- Reps. T.C. Alexander, M.O. Alexander, Gamble, R. Smith and A. Young: A BILL TO AMEND SECTIONS 42-7-10, AS AMENDED, 42-7-20, 42-7-30, 42-7-70, 42-7-75, AS AMENDED, AND 42-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION FUND, SO AS TO


Printed Page 366 . . . . . Thursday, January 13, 1994

CHANGE THE NAME OF THAT FUND TO THE "STATE ACCIDENT FUND"; TO PROVIDE THAT, UPON THE EFFECTIVE DATE OF THIS ACT, THE STATE WORKERS' COMPENSATION FUND SHALL BE KNOWN AS THE STATE ACCIDENT FUND, PROVIDE FOR THIS NAME CHANGE IN OTHER PLACES IN THE 1976 CODE OR OTHER STATUTES OF THE STATE, AND PROVIDE FOR THE EXHAUSTION OF ALL CURRENT FORMS, STATIONERY, AND OTHER PRINTED MATERIAL REFLECTING THE NAME, "STATE WORKERS' COMPENSATION FUND".

Rep. T.C. ALEXANDER moved to table the Bill, which was agreed to.

H. 3611--TABLED

The following Bill was taken up.

H. 3611 -- Judiciary Committee: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)

Rep. WILKINS moved to table the Bill, which was agreed to.

H. 3371--TABLED

The following Bill was taken up.

H. 3371 -- Reps. Carnell and Farr: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO INCREASE THE MEMBERSHIP OF THE JOINT COMMITTEE; TO AMEND SECTIONS 58-3-20 AND 58-3-24, RELATING TO THE PUBLIC SERVICE COMMISSION AND ITS MEMBERSHIP, SO AS TO DELETE REFERENCES TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL; AND TO REPEAL SECTIONS 58-3-21, 58-3-22, 58-3-23, AND 58-3-25, RELATING TO THE PUBLIC SERVICE COMMISSION MERIT SELECTION PANEL.

Rep. FARR moved to table the Bill, which was agreed to.

H. 3281--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3281 -- Reps. Spearman, Cobb-Hunter, Quinn, Sharpe, Sturkie, Riser, Gamble, Robinson, Witherspoon, Baker, Koon, Carnell, Haskins,


Printed Page 367 . . . . . Thursday, January 13, 1994

J. Brown, J. Harris, Cromer, Kirsh, Corning, Farr, McCraw, Phillips and Waldrop: A BILL TO REPEAL ARTICLE 37, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF VEHICLES.

Rep. RUDNICK moved to continue the Bill.

The House refused to continue the Bill by a division vote of 6 to 80.

Rep. RUDNICK was recognized.

Rep. McTEER moved that the House do now adjourn.

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

Yeas 3; Nays 81

Those who voted in the affirmative are:

Brown, J.        Cobb-Hunter      McTeer

Total--3

Those who voted in the negative are:

Alexander, T.C.  Allison          Askins
Bailey, G.       Baxley           Brown, G.
Brown, H.        Canty            Carnell
Chamblee         Corning          Cromer
Delleney         Farr             Felder
Fulmer           Gamble           Gonzales
Graham           Hallman          Harrell
Harrelson        Harris, J.       Haskins
Hines            Holt             Houck
Hutson           Jaskwhich        Jennings
Keegan           Kelley           Keyserling
Kirsh            Klauber          Koon
Law              Littlejohn       Marchbanks
Martin           McAbee           McCraw
McKay            McLeod           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Richardson       Riser
Robinson         Rudnick          Scott
Sharpe           Sheheen          Simrill

Printed Page 368 . . . . . Thursday, January 13, 1994

Smith, R.        Spearman         Stille
Stone            Stuart           Thomas
Townsend         Trotter          Tucker
Vaughn           Waites           Waldrop
Walker           Wells            Wilder, D.
Wilder, J.       Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, R.

Total--81

So, the House refused to adjourn.

Reps. RUDNICK and RICHARDSON spoke against the Bill.

The question then recurred to the passage of the Bill on second reading.

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 80; Nays 29

Those who voted in the affirmative are:

Alexander, T.C.  Allison          Bailey, G.
Baker            Barber           Baxley
Boan             Brown, G.        Brown, H.
Canty            Carnell          Cato
Chamblee         Clyborne         Cobb-Hunter
Cooper           Corning          Cromer
Davenport        Delleney         Elliott
Farr             Felder           Fulmer
Gamble           Gonzales         Graham
Hallman          Harrell          Harris, J.
Harrison         Haskins          Huff
Hutson           Jaskwhich        Jennings
Kelley           Kinon            Kirsh
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
Martin           McAbee           McCraw
McLeod           Meacham          Phillips
Quinn            Rhoad            Riser
Robinson         Scott            Sharpe
Shissias         Smith, D.        Smith, R.
Snow             Spearman         Stille

Printed Page 369 . . . . . Thursday, January 13, 1994

Stone            Stuart           Sturkie
Townsend         Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Wilder, J.       Williams
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--80

Those who voted in the negative are:

Anderson         Askins           Bailey, J.
Breeland         Fair             Govan
Harrelson        Houck            Inabinett
Keegan           Kennedy          Keyserling
McElveen         McMahand         McTeer
Moody-Lawrence   Neal             Neilson
Richardson       Rudnick          Sheheen
Simrill          Stoddard         Waites
Whipper          Wilder, D.       Wilkes
Wilkins          Young, R.

Total--29

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

H. 3649--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3649 -- Reps. Fair, Klauber, Felder, Waldrop, Delleney, A. Young, Thomas, Wells and Allison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1643 AND BY AMENDING SECTION 20-7-1670, AS AMENDED, RELATING TO WHO MAY ADOPT A CHILD, SO AS TO PROHIBIT THE FOSTER CARE PLACEMENT OR ADOPTION OF A CHILD WITH A PERSON WHO HAS BEEN DETERMINED TO HAVE COMMITTED ABUSE OR NEGLECT, WHO HAS BEEN CONVICTED OF CRIMINAL SEXUAL CONDUCT OR ABUSE OR NEGLECT, OR WHO IS A HOMOSEXUAL OR BISEXUAL.

The question then recurred to the passage of the Bill on second reading.


| Printed Page 350, Jan. 13 | Printed Page 370, Jan. 13 |

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