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 3881, Mar. 30 | Printed Page 3900, Mar. 30 |

Printed Page 3890 . . . . . Wednesday, March 30, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 4987 -- Reps. Rogers, Waites, Neal, Scott, J. Brown, Cromer, Shissias, Byrd, Harrison, Corning and Quinn: A CONCURRENT RESOLUTION CONGRATULATING DR. R. BRUCE DUNLAP, A CANCER RESEARCHER AT THE UNIVERSITY OF SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE GOVERNOR'S 1994 "EXCELLENCE IN SCIENCE AWARENESS AWARD", ONE OF THE STATE'S HIGHEST HONORS FOR SCIENTISTS.

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

CONCURRENT RESOLUTION

On motion of Rep. STODDARD, with unanimous consent, the following was taken up for immediate consideration:

H. 4988 -- Reps. Stoddard, Inabinett, McAbee and Clyborne: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 13, 1994, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF CLEMSON UNIVERSITY, THE COLLEGE OF CHARLESTON, FRANCIS MARION UNIVERSITY, LANDER COLLEGE, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE UNIVERSITY OF SOUTH CAROLINA, WINTHROP UNIVERSITY, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF VISITORS OF THE CITADEL, TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1994 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED.

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

That the House of Representatives and the Senate meet in joint session in the Hall of the House at 12:00 noon on Wednesday, April 13, 1994, for


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the purpose of electing members of the Boards of Trustees of Clemson University, the College of Charleston, Francis Marion University, Lander College, the Medical University of South Carolina, South Carolina State University, the University of South Carolina, Winthrop University, and the Wil Lou Gray Opportunity School, and the Board of Visitors of The Citadel, to succeed those members whose terms expire in 1994 or whose positions otherwise must be filled.

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

CONCURRENT RESOLUTION

On motion of Rep. WILKINS, with unanimous consent, the following was taken up for immediate consideration:

H. 4989 -- Reps. Sheheen, Wilkins and Hodges: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, APRIL 20, 1994.

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable David W. Harwell, is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, April 20, 1994.

Be it further resolved that a copy of this resolution be delivered to Chief Justice Harwell.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4990 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF H. GRADY KIRVEN OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1301 -- Senators Williams, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS AND BEST WISHES TO MRS. JACKIE MOBLEY, A DEDICATED MEMBER OF THE STAFF OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, ON THE OCCASION OF HER RETIREMENT.

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. 4991 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1709, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4992 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL IMPROVEMENT COUNCILS AND THE ANNUAL SCHOOL AND DISTRICT IMPROVEMENT REPORTS (REPEALED IN ITS ENTIRETY); DISTRICT AND SCHOOL COMPREHENSIVE PLANNING (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.


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H. 4993 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CHILD DEVELOPMENT PROGRAMS (REPEALED IN ITS ENTIRETY), DESIGNATED AS REGULATION DOCUMENT NUMBER 1714, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4997 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS,


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GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4998 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1736, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4999 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1737, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 5000 -- Reps. T.C. Alexander, Whipper, Snow, Keyserling, Stuart, Harvin, Haskins, Barber, Neal, Holt, Cobb-Hunter, Clyborne and Rogers: A BILL TO ENACT THE "SOUTH CAROLINA COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS ACT OF 1994" INCLUDING PROVISIONS TO ADD SECTION 12-7-1255, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE CERTAIN INCOME AND OTHER TAX CREDITS FOR INVESTMENTS MADE IN COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS DEFINED BELOW; TO ADD SECTION 34-13-175 SO AS TO PROVIDE THAT BANKS AND FINANCIAL INSTITUTIONS CHARTERED BY THE STATE OF SOUTH CAROLINA ARE AUTHORIZED TO INVEST IN COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS UP TO A SPECIFIED AMOUNT, TO PROVIDE THAT THESE INSTITUTIONS ARE EXEMPT FROM STATE INCOME TAXATION, AND TO DEFINE THE TERMS "COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION" AND "INVEST" FOR THIS PURPOSE; TO AMEND SECTION 41-44-10, AS AMENDED, RELATING TO DEFINITIONS


Printed Page 3895 . . . . . Wednesday, March 30, 1994

FOR PURPOSES OF THE PALMETTO SEED CAPITAL FUND, SO AS TO REVISE THE DEFINITION OF A "SOUTH CAROLINA BUSINESS"; TO AMEND SECTION 41-44-60, AS AMENDED, RELATING TO PALMETTO SEED CAPITAL FUND, SO AS TO PROVIDE THAT THE ENTITIES INTO WHICH MONIES RAISED BY THE FUND MAY BE INVESTED INCLUDE COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS AND TO REVISE THE REQUIRED PERCENTAGE ALLOCATIONS OF INVESTMENTS BY THE FUND; AND TO ADD SECTION 43-1-85 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES, FROM GRANT FUNDS MADE AVAILABLE TO IT, TO MAKE GRANTS TO COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS, AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT MAY APPROPRIATE FUNDS TO THE DEPARTMENT TO BE USED FOR THESE PURPOSES.

Referred to Committee on Ways and Means.

H. 5001 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FAILURE TO APPEAR AT HEARING BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1743, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 5002 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS & LAND SURVEYORS, RELATING TO REGISTRATION OF TAC/ABET FOUR-YEAR ENGINEERING TECHNOLOGY GRADUATES THUS ESTABLISHING A TWO-TIER CATEGORY REGISTRATION DESIGNATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1699, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 5003 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 44-55-2320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO


Printed Page 3896 . . . . . Wednesday, March 30, 1994

THE STATE RECREATIONAL WATERS ACT AND THE REGULATION OF PUBLIC SWIMMING POOLS, SO AS TO DEFINE "HOMEOWNERS ASSOCIATION" FOR PURPOSES OF THIS ACT; AND TO AMEND SECTION 44-55-2340, AS AMENDED, RELATING TO THE REGULATION OF PUBLIC SWIMMING POOLS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PERMIT PUBLIC SWIMMING POOLS OWNED AND OPERATED BY HOMEOWNERS ASSOCIATIONS TO BE EXEMPT FROM OPERATION AND MAINTENANCE REQUIREMENTS OF THE DEPARTMENT UNDER CERTAIN CONDITIONS.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 5004 -- Reps. Rogers, J. Brown, Scott, Byrd, Neal, Waites, Cromer, Shissias, Harrison, Corning and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE SHAMROCKS MEN'S BASKETBALL TEAM, STAFF, AND COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1994 CLASS AAA STATE CHAMPIONSHIP, AND GRANT COACH GEORGE GLYMPH AND THE SHAMROCK'S TEAM CAPTAIN THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 21, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the General Assembly are very pleased to learn that the Eau Claire Shamrocks Men's Basketball team recently won the Class AAA State Championship; and

Whereas, the Shamrocks won 21 straight games during their 1994 season and their second consecutive Class AAA Championship; and

Whereas, the Shamrocks have captured their fourth title in six years by defeating Wren of Piedmont 58 to 41; and

Whereas, the Eau Claire Men's Basketball Team is the focal point of their community because it has developed a sense of pride, integrity, responsibility, and it gives the community something very positive; and

Whereas, the success of the 1994 men's basketball team brought great pride and recognition not only upon Eau Claire High School and its loyal and enthusiastic students and supporters, but also to the State of South Carolina as well; and


Printed Page 3897 . . . . . Wednesday, March 30, 1994

Whereas, for a coach like George Glymph to accomplish such outstanding achievements, dedication, determination, and to develop such a special caliber of athletes to perform athletically, as well as academically, speaks very highly of his truly gifted ability as a basketball coach; and

Whereas, the Shamrocks of Eau Claire High have added to its rich basketball history in the manner they finished the 1993-94 season.
Now, therefore,

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

That the Eau Claire Shamrocks Men's Basketball Team is to be congratulated upon winning the 1994 Class AAA State Championship and bringing this outstanding title to the school, community, and the State.

Be it further resolved that Head Coach George Glymph and the Shamrock's Team Captain be granted the privilege of the floor of the House of Representatives on Thursday, April 21, 1994, at a time to be determined by the Speaker.

Be it further resolved that copies of this resolution be forwarded to Coach George Glymph of Eau Claire High School's Basketball Team and to Ellen Mosely, Principal of Eau Claire High School.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5005 -- Reps. Stuart, Fair, Stone, Neilson, Gamble, Wells, D. Wilder, Allison, Littlejohn, Riser, Stoddard, Wilkins, Chamblee, Cromer, Elliott, Meacham, Moody-Lawrence and Lanford: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA FARM BUREAU FEDERATION ON ITS FIFTIETH ANNIVERSARY, AND COMMENDING THIS OUTSTANDING ORGANIZATION ON A HALF CENTURY OF SERVICE AND LEADERSHIP TO SOUTH CAROLINA AGRICULTURE.

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.



Printed Page 3898 . . . . . Wednesday, March 30, 1994

Alexander, T.C.  Allison          Anderson
Askins           Bailey, G.       Bailey, J.
Baker            Barber           Baxley
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Byrd
Canty            Carnell          Cato
Chamblee         Cobb-Hunter      Cooper
Corning          Cromer           Davenport
Delleney         Elliott          Fair
Farr             Fulmer           Gamble
Gonzales         Graham           Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harwell          Hines
Holt             Houck            Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kirsh
Klauber          Lanford          Law
Littlejohn       Marchbanks       Martin
Mattos           McAbee           McCraw
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Richardson       Riser            Robinson
Rogers           Rudnick          Scott
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Thomas           Townsend         Tucker
Vaughn           Waites           Waldrop
Walker           Wells            Whipper
White            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 Wednesday, March 30.

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M.O. Alexander          Donald W. "Don" Beatty
Roger M. Young           James H. Hodges
Marion H. Kinon          Terry E. Haskins
H. Howell Clyborne, Jr.  Richard M. Quinn, Jr.
John G. Felder           E.B. McLeod, Jr.
Larry L. Koon            Charles R. Sharpe
Joseph T. McElveen, Jr.  C. Alex Harvin, III

Total Present--121

STATEMENT OF ATTENDANCE

Reps. BARBER, GRAHAM and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 29.

SPECIAL PRESENTATION

Reps. J. HARRIS and BAXLEY presented two groups from McBee High School; the Lady Panthers volleyball team and their coach and the FFA Soil Identification and Land Treatment team and their advisor.

HOUSE TO MEET AT 12:00 NOON TUESDAY, APRIL 5
IN STATEWIDE SESSION

Rep. BOAN moved that when the House adjourns it adjourn to meet in Local Session tomorrow and in Statewide Session on Tuesday, April 5 at 12:00 Noon, which was agreed to.

H. 4967--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.


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