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 370, Jan. 13 | Printed Page 390, Jan. 18 |

Printed Page 380 . . . . . Thursday, January 13, 1994

H. 4442 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JOHN BERRY SIMMONS OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 4443 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS' CROSS COUNTRY TEAM OF T.L. HANNA HIGH SCHOOL OF ANDERSON ON WINNING THE 1993 COMBINED CLASS AAA-AA-A STATE CHAMPIONSHIP.

H. 4444 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MRS. HALEY SITTON OF SANDY SPRINGS, ANDERSON COUNTY, ON RECEIVING THE OUTSTANDING CONTINUING EDUCATION PROFESSIONAL AWARD.

H. 4445 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MARVIN-JOE MERCK OF CLEMSON ON RECEIVING THE SOUTH CAROLINA THEATRE ASSOCIATION'S FOUNDERS AWARD FOR 1992-93.

H. 4446 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MARY ANN MILLER OF ANDERSON COUNTY ON HER ELECTION AS VICE PRESIDENT OF THE BOARD OF THE SOUTH CAROLINA VICTIM ASSISTANCE NETWORK AND ON RECEIVING THE SILVER SCALES OF JUSTICE AWARD FOR HER OUTSTANDING WORK IN THIS AREA.

H. 4471 -- Reps. Simrill, Meacham, Kirsh, Moody-Lawrence, Delleney and McCraw: A CONCURRENT RESOLUTION CONGRATULATING THE TROJANS OF NORTHWESTERN HIGH SCHOOL OF ROCK HILL ON WINNING THE 1993 STATE FOOTBALL CHAMPIONSHIP IN CLASS AAAA, DIVISION I.

H. 4472 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE RALPH "BUCK" BELL, JR.


Printed Page 381 . . . . . Thursday, January 13, 1994

OF CLARENDON COUNTY ON BEING NAMED CHAIRMAN OF THE NATIONAL BEEF INDUSTRY COUNCIL.

H. 4490 -- Reps. Rogers, Shissias, Corning, Scott, Waites, Neal, Harrison, J. Brown, Byrd, Cromer and Quinn: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF WILLIAM YOUMAN EDENS, JR., OF RICHLAND COUNTY, WHO DIED SATURDAY, NOVEMBER 27, 1993.

H. 4516 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING DR. KAREN CALLISON WOODWARD OF ANDERSON COUNTY ON BEING CHOSEN THE 1994 SOUTH CAROLINA CAREER WOMAN OF THE YEAR BY THE SOUTH CAROLINA FEDERATION OF BUSINESS AND PROFESSIONAL WOMEN'S CLUBS, INC.

H. 4517 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JOHNNY TEMPLE (JOHN ELLIS) OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 11:42 A.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of John Cook of Rock Hill, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 382 . . . . . Friday, January 14, 1994

Friday, January 14, 1994

(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty God, ever near to hear us when we pray and to answer us when we call, keep us steadfast in our following Your way. Each day may we keep ourselves committed to You Whose love never fails, Whose light never fades, and Whose wisdom never gives out. Keep us worthy of the sacrifices endured by our forefather to establish the freedom that we enjoy today. Inspire us to continue their great task that ours may remain "the land of the free and the home of the brave."

Hear us, Lord, as we pray in praise and thanksgiving. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

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

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 383 . . . . . Friday, January 14, 1994

ADJOURNMENT

At 10:10 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, on Tuesday, January 18.

* * *


Printed Page 384 . . . . . Tuesday, January 18, 1994

Tuesday, January 18, 1994

(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:

Give to each of us, good Lord, a steadfast heart which no unworthy thought can drag down; an unconquered heart which no tribulation can wear out; an upright heart which no unbecoming purpose can pull aside. Keep firmly fixed within us a desire to know Your way, diligence to seek that way, wisdom to recognize it, and faithfulness to remain steadfast. And hearing the voice divine, keep us loyal in doing justly, loving mercy, and walking humbly with our God.

Enable us to identify with the Psalmist who said: "The Lord is the Strength of my life." (Psalm 27:1) 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. SCOTT moved that when the House adjourns, it adjourn in memory of Mr. Eddie Dawkins of Columbia, which was agreed to.


Printed Page 385 . . . . . Tuesday, January 18, 1994

CONFIRMATION OF APPOINTMENT

REFERRED TO JUDICIARY

The following was received.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 17, 1994
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.

Respectfully,
Carroll A. Campbell, Jr.
Governor

STATEWIDE APPOINTMENT

Initial Appointment and Reappointment, Member, State Ethics Commission, with initial term to commence immediately and to expire June 30, 1994, and a full term to commence June 30, 1994, and to expire June 30, 1999:

At-Large:

Mr. H. Bowen Woodruff, Young, Clement, Rivers & Tisdale, Post Office Box 993, Charleston, S.C. 29402

The SPEAKER ordered the confirmation referred to the Committee on Judiciary.

REPORTS OF STANDING COMMITTEES

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1008 -- Senators Giese, Passailaigue and Glover: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE CAROLINA HOME INJURY PREVENTION FOR SENIORS PROJECT FOR ITS CONTRIBUTIONS TO THE HEALTH AND SAFETY OF OUR ELDERLY CITIZENS AND TO HONOR AND THANK THE MANY VOLUNTEERS WHO HAVE GIVEN SO GENEROUSLY OF THEIR TIME AND MANPOWER TO THIS PROJECT.

Ordered for consideration tomorrow.


Printed Page 386 . . . . . Tuesday, January 18, 1994

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3290 -- Reps. Klauber, Graham, Gonzales, Simrill, D. Smith, Vaughn, Trotter, Littlejohn, Richardson, Fulmer, Cato, A. Young, Keegan, Wells, Marchbanks, Kelley, Thomas, Witherspoon, Cooper, Cromer, Robinson, Meacham, Stone and Allison: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY ONLY SERVE SIX CONSECUTIVE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX CONSECUTIVE NEW TERMS; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY ONLY SERVE THREE CONSECUTIVE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE CONSECUTIVE NEW TERMS, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY ONLY SERVE TWO CONSECUTIVE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS TWO CONSECUTIVE NEW TERMS.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 4523 -- Reps. Wells, Allison, Lanford, Littlejohn, Walker, Davenport, D. Smith and D. Wilder: A HOUSE RESOLUTION TO EXTEND STUDENTS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND AND THEIR TEACHERS THE PRIVILEGE


Printed Page 387 . . . . . Tuesday, January 18, 1994

OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 16, 1994, FOR THE PURPOSE OF A MUSICAL PERFORMANCE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4524 -- Reps. Klauber, Carnell and McAbee: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TIMOTHY BRAD HERLONG OF GREENWOOD COUNTY, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

INTRODUCTION OF BILLS

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

H. 4525 -- Reps. Cromer, Elliott, Littlejohn, Meacham, Gamble, Holt, Shissias, Robinson, Neilson, Hutson, A. Young, Baxley, Walker, R. Smith, Riser, Stille, G. Bailey, Harrison, Allison, Farr, Vaughn, J. Wilder, Kirsh, Davenport, J. Harris, McCraw, Houck, Phillips, McLeod, Chamblee, Lanford, D. Wilder, Huff, Askins, Stuart, Stone, McKay, Wilkins and Keegan: A BILL TO AMEND SECTION 17-25-45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LIFE SENTENCE FOR A PERSON WHO HAS THREE CONVICTIONS FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY SENTENCE OF LIFE IMPRISONMENT WITHOUT PAROLE UPON A THIRD CONVICTION OF A "MOST SERIOUS OFFENSE", TO DEFINE "MOST SERIOUS OFFENSE", AND TO PROVIDE FOR THE APPLICATION OF THIS SECTION.

Referred to Committee on Judiciary.

H. 4526 -- Reps. J. Brown, G. Brown, Scott, Hines, Harwell, Inabinett, Allison, Vaughn, Kennedy, Neal, Stille, Shissias, Breeland, Rudnick, Anderson, Kinon, Whipper, Stone, Harrelson, Felder, Byrd, Tucker, Moody-Lawrence, Gonzales, Corning and Spearman: A BILL TO


Printed Page 388 . . . . . Tuesday, January 18, 1994

AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTION EYEGLASS LENSES AND RAW MATERIALS USED IN THE FABRICATION OF SUCH LENSES AND TO PROVIDE THAT THIS EXEMPTION DOES NOT EXTEND TO EYEGLASS FRAMES.

Referred to Committee on Ways and Means.

H. 4527 -- Reps. McLeod, G. Bailey, G. Brown, Stone, McCraw, Hines, Inabinett, Harrelson, Whipper, Byrd, Cobb-Hunter, Farr, Neal, Breeland, R. Smith, McMahand, Harvin and Cooper: A BILL TO AMEND SECTION 12-43-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF AGRICULTURAL REAL PROPERTY AND CLASSIFICATION, ASSESSMENT, AND DEFINITION OF MOBILE HOMES FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT THE VALUE OF A NEW MOBILE HOME MUST BE REDUCED BY TWO THOUSAND DOLLARS A YEAR FOR THE FIRST FOUR YEARS AND ONE THOUSAND DOLLARS A YEAR THEREAFTER, BUT IN NO CASE MAY THE VALUE BE REDUCED BELOW TEN PERCENT OF ORIGINAL COST.

Referred to Committee on Ways and Means.

H. 4528 -- Reps. Scott, Rogers, G. Brown, Littlejohn, Cobb-Hunter, G. Bailey, Kinon, Moody-Lawrence, White, J. Brown, Neal, Whipper, Byrd, Canty, Breeland, Inabinett, Govan, Williams, Beatty, Anderson, Hines, J. Wilder, Cromer, McMahand, McLeod, Harvin, Phillips, Keyserling, Harrelson, Spearman, McTeer, Neilson, Holt, Haskins, Wilkes, Farr, Kennedy, Snow, D. Wilder, Graham and Harwell: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO ENACT THE COMMUNITY REINVESTMENT ACT, TO PROVIDE FOR A COMMUNITY REINVESTMENT BOARD, ITS POWERS AND DUTIES, AND TO STATE THE REQUIREMENTS FOR COMMUNITY REINVESTMENT.

Referred to Committee on Labor, Commerce and Industry.

H. 4529 -- Reps. Robinson, Gonzales, Littlejohn, Vaughn, Walker, Shissias, Cromer, Stille, Trotter, Harrison, Wofford, D. Wilder, Corning, Byrd, Stuart, Richardson, Neal, Keegan, Quinn, Law, Klauber, Waites, Graham and Felder: A BILL TO AMEND THE CODE OF LAWS OF


Printed Page 389 . . . . . Tuesday, January 18, 1994

SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-180 SO AS TO PROHIBIT THE NAMING OF PUBLIC PROPERTY PURCHASED OR CONSTRUCTED WITH STATE FUNDS OR OWNED BY THE STATE FOR A LIVING PERSON OR A PERSON WHO HAS BEEN DECEASED FOR LESS THAN ONE YEAR.

Referred to Committee on Ways and Means.

H. 4530 -- Rep. Witherspoon: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT AN OUTBOARD MOTOR POWERED WATERCRAFT LESS THAN FOURTEEN FEET IN LENGTH AND TO EXEMPT A WATERCRAFT FOURTEEN OR MORE FEET OR LONGER WHICH IS ASSESSED AT LESS THAN FIFTY DOLLARS; AND TO AMEND SECTION 12-4-720, RELATING TO THE PROCEDURE FOR FILING FOR PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT NO APPLICATION IS NECESSARY FOR THE BOAT EXEMPTIONS ALLOWED BY THIS ACT.

Referred to Committee on Ways and Means.

H. 4531 -- Reps. Cromer, Elliott, Meacham, G. Bailey, Waites, Cobb-Hunter, R. Smith, Neilson, Vaughn, Shissias, A. Young, Rogers, Walker, Harrison, Stille, Riser, Allison, Phillips, Gamble, Holt, Keegan, D. Wilder, Hutson, Davenport, Stuart, Chamblee, Houck, Stone, Kirsh, McKay, Huff, Moody-Lawrence, Hines and Wilkins: A BILL TO AMEND SECTION 8-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARING CERTAIN OFFICES VACANT AFTER AN INDICTMENT OF THE OFFICER, SO AS TO DELETE THE PROVISIONS LIMITING THE PUBLIC OFFICER TO ONE WHOSE AUTHORITY IS LIMITED TO A SINGLE ELECTION OR JUDICIAL DISTRICT AND PROVIDE ITS APPLICATION TO A FULL-TIME STATE EMPLOYEE.

Referred to Committee on Judiciary.

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


Printed Page 390 . . . . . Tuesday, January 18, 1994

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.

Referred to Committee on Judiciary.


| Printed Page 370, Jan. 13 | Printed Page 390, Jan. 18 |

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