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 4620, Apr. 14 | Printed Page 4640, Apr. 19 |

Printed Page 4630 . . . . . Thursday, April 14, 1994

(R382) H. 4704 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO TUBERCULOSIS TESTING OF CATTLE IMPORTED INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1693, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R383) H. 4952 -- Reps. R. Smith, Rudnick, Stone, Huff and Sharpe: A JOINT RESOLUTION TO PROVIDE THAT THE FIVE SCHOOL DAYS MISSED BY THE STUDENTS OF L-B-C MIDDLE SCHOOL IN AIKEN COUNTY DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO FIRE ARE 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.

(R384) H. 4937 -- Reps. Fair, Vaughn, Haskins, Cato, Jaskwhich, McMahand, M.O. Alexander, Wilkins, Anderson, Baker, Mattos, Clyborne and Stoddard: AN ACT TO AUTHORIZE THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO RECEIVE AN ANNUAL SALARY SET BY THE BOARD BY RESOLUTION AND TO PROVIDE THAT ANY INCREASE MAY NOT TAKE EFFECT UNTIL AFTER THE NEXT REGULARLY SCHEDULED ELECTION FOR TRUSTEES.

(R385) H. 3987 -- Reps. Riser, Snow, Rhoad, Inabinett and Witherspoon: AN ACT TO AMEND SECTION 50-13-1135, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL AND NONCOMMERCIAL FISHING LICENSES REQUIRED FOR TAKING NONGAME FISH IN FRESH WATERS WITH CERTAIN FISHING DEVICES, AND TO AMEND SECTION 50-13-1192, AS AMENDED, RELATING TO THE REQUIREMENTS FOR NONGAME FISHING DEVICES IN CERTAIN WATERS, SO AS TO REVISE THE REQUIREMENTS FOR TROTLINES.

(R386) H. 5007 -- Reps. Walker, Davenport and Allison: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1993-94 SCHOOL YEAR, SCHOOL DISTRICT ONE IN SPARTANBURG COUNTY IS


Printed Page 4631 . . . . . Thursday, April 14, 1994

EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

(R387) H. 4210 -- Reps. Sheheen and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT IF THE ENVIRONMENTAL PROTECTION AGENCY OR THE UNITED STATES CONGRESS EXTENDS CERTAIN EFFECTIVE DATES IN THE RCRA SUBTITLE D MUNICIPAL SOLID WASTE LANDFILL CRITERIA, ANY EXTENSION APPLIES TO ALL MUNICIPAL SOLID WASTE LANDFILLS IN THIS STATE TO WHICH THE CRITERIA APPLY.

(R388) H. 4979 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1994, AND ENDING JUNE 30, 1995.

(R389) H. 3213 -- Rep. Wofford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-11-75 SO AS TO CREATE A CRIMINAL OFFENSE FOR TRESPASSING ONTO OR REFUSING TO LEAVE A STATE MENTAL HEALTH FACILITY AND TO PROVIDE PENALTIES AND MUNICIPAL AND MAGISTRATE'S COURT JURISDICTION.

(R390) H. 4732 -- Reps. Richardson, White, Harrelson and Keyserling: AN ACT 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 BEAUFORT COUNTY ELECTION COMMISSION AND BEAUFORT COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

THE HOUSE RESUMES

At 12:00 Noon the House resumed, the SPEAKER in the Chair.

RECURRENCE TO THE MORNING HOUR

Rep. WILLIAMS moved that the House recur to the morning hour, which was agreed to.


Printed Page 4632 . . . . . Thursday, April 14, 1994

INTRODUCTION OF BILLS

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

H. 5135 -- Rep. Meacham: A BILL TO AMEND SECTION 37-3-201, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCE CHARGES AUTHORIZED IN CONNECTION WITH CONSUMER LOANS MADE BY A LENDER WHO IS NOT A SUPERVISED LENDER, SO AS TO REDUCE FROM EIGHTEEN PERCENT PER YEAR TO TWELVE PERCENT PER YEAR THE MAXIMUM FINANCE CHARGES PERMITTED; AND TO AMEND SECTIONS 37-3-501 AND 37-3-511, RELATING TO SUPERVISED LOANS, SO AS TO CONFORM THE CITATIONS TO FINANCE CHARGES TO THE CHANGES MADE IN SECTION 37-3-201.

Referred to Committee on Ways and Means.

H. 5136 -- Rep. Wilkes: A BILL TO AMEND CHAPTER 13, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO REQUIRE THE STATE ELECTION COMMISSION TO DETERMINE THE COST OF PRODUCING BALLOTS FOR A STATEWIDE AUTOMATED ELECTRONIC VOTING SYSTEM AND REQUIRE THE COMMISSION TO REPORT THE RESULTING ECONOMIES TO THE GOVERNING BODIES OF ALL COUNTIES, REQUIRE THE COMMISSION TO STUDY THE REDUCTION IN THE NEED FOR POLLING WORKERS MADE POSSIBLE BY THE IMPLEMENTATION OF THE AUTOMATED SYSTEM AND USE THE RESULTING SAVINGS TO FUND EXPANSION OF AUTOMATION AND REQUIRE THE COMMISSION TO ESTABLISH A LIST OF COUNTIES WISHING TO PARTICIPATE IN THE AUTOMATED SYSTEM AND ESTABLISH A METHOD FOR DETERMINING PRIORITIES IN ASSISTING WITH FUNDING OF THIS SYSTEM FOR A COUNTY.

Referred to Committee on Ways and Means.


Printed Page 4633 . . . . . Thursday, April 14, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 5137 -- Reps. Rudnick, Allison, Anderson, G. Bailey, Baxley, Breeland, Byrd, Carnell, Cato, Chamblee, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Felder, Gamble, Govan, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Haskins, Hinds, Inabinett, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Lanford, Littlejohn, Martin, McAbee, McCraw, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, Stille, Stoddard, Stone, Stuart, Thomas, Trotter, Vaughn, Wells, White, Williams, Witherspoon, Wofford, Worley, Wright, M.O. Alexander, T.C. Alexander, Askins, J. Bailey, Baker, Barber, Beatty, Boan, G. Brown, H. Brown, J. Brown, Canty, Clyborne, Cooper, Elliott, Fair, Farr, Fulmer, Gonzales, Graham, Hallman, Harvin, Harwell, Hodges, Holt, Houck, Huff, Hutson, Jaskwhich, Jennings, Klauber, Koon, Law, Marchbanks, Mattos, McElveen, McKay, McLeod, McMahand, Moody-Lawrence, Neal, Rhoad, Rogers, Sharpe, Sheheen, D. Smith, Snow, Spearman, Sturkie, Townsend, Tucker, Waites, Waldrop, Walker, Whipper, D. Wilder, J. Wilder, Wilkes, Wilkins, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. CHARLES D. BARNETT, FORMER STATE COMMISSIONER OF MENTAL RETARDATION FOR SOUTH CAROLINA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

Rep. VAUGHN moved that the House do now adjourn.

Rep. GONZALES demanded the yeas and nays, which were not ordered.

The motion to adjourn was then agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5035 -- Reps. Harvin and R. Young: A CONCURRENT RESOLUTION CONGRATULATING CHARLESTON SOUTHERN UNIVERSITY ON ITS THIRTIETH ANNIVERSARY, AND COMMENDING THIS OUTSTANDING INSTITUTION OF HIGHER


Printed Page 4634 . . . . . Thursday, April 14, 1994

EDUCATION FOR ITS COMMITMENT TO EXCELLENCE IN THE AREA OF HIGHER LEARNING.

H. 5080 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY NATIONAL ALUMNI ASSOCIATION, INC., ON ITS OUTSTANDING ACTIVITIES AND ENDEAVORS TO PROMOTE SOUTH CAROLINA STATE UNIVERSITY.

H. 5081 -- Rep. Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE DR. JAMES LUTHER BULLARD AND TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR HIS DEDICATED SERVICE AND DEEDS RENDERED TO THE CITIZENS OF SOUTH CAROLINA.

H. 5082 -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE DREHER HIGH SCHOOL GIRLS' VARSITY BASKETBALL TEAM UPON WINNING THE 1994 CLASS AAA STATE CHAMPIONSHIP AND TO GRANT COACH JOE SOLTISH AND THE LADY BLUE DEVILS' 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.

H. 5083 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF REVEREND A. D. DENNIS, SR., PASTOR OF THE MOUNT PISGAH BAPTIST CHURCH IN REMBERT FOR THE PAST FIFTY-TWO YEARS AND PASTOR OF JOSHUA BAPTIST CHURCH IN DALZELL FOR THIRTY YEARS, UPON HIS DEATH.

H. 5107 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. FRANCES DUCWORTH LYLES OF ANDERSON UPON HER DEATH.


Printed Page 4635 . . . . . Thursday, April 14, 1994

H. 5108 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. J. J. MALNATI OF NEWBERRY FOR HIS INDUCTION INTO THE SOUTH CAROLINA DAIRY HALL OF FAME.

H. 5109 -- Reps. Spearman, McAbee, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION CONGRATULATING JIM DAVIS, HEAD COACH OF THE CLEMSON UNIVERSITY WOMEN'S BASKETBALL TEAM, ON BEING NAMED ATLANTIC COAST CONFERENCE COACH OF THE YEAR FOR 1994.

H. 5110 -- Reps. Spearman, Riser, Sturkie, Gamble, Stuart, Wright and Koon: A CONCURRENT RESOLUTION CONGRATULATING JESSICA BARR OF LEXINGTON COUNTY, STAR PLAYER ON THE CLEMSON UNIVERSITY WOMEN'S BASKETBALL TEAM, ON BEING SELECTED AS THE ATLANTIC COAST CONFERENCE PLAYER OF THE YEAR FOR 1994.

H. 5111 -- Reps. Wells, Allison, Vaughn, D. Smith, Davenport, Lanford, Beatty, D. Wilder, Walker and Littlejohn: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM J. WHITENER FOR HIS EXEMPLARY SERVICE AS INTERIM CHANCELLOR OF THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG FROM 1993 THROUGH JUNE, 1994.


Printed Page 4636 . . . . . Thursday, April 14, 1994

H. 5137 -- Reps. Rudnick, Allison, Anderson, G. Bailey, Baxley, Breeland, Byrd, Carnell, Cato, Chamblee, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Felder, Gamble, Govan, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Haskins, Hinds, Inabinett, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Lanford, Littlejohn, Martin, McAbee, McCraw, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, Stille, Stoddard, Stone, Stuart, Thomas, Trotter, Vaughn, Wells, White, Williams, Witherspoon, Wofford, Worley, Wright, M.O. Alexander, T.C. Alexander, Askins, J. Bailey, Baker, Barber, Beatty, Boan, G. Brown, H. Brown, J. Brown, Canty, Clyborne, Cooper, Elliott, Fair, Farr, Fulmer, Gonzales, Graham, Hallman, Harvin, Harwell, Hodges, Holt, Houck, Huff, Hutson, Jaskwhich, Jennings, Klauber, Koon, Law, Marchbanks, Mattos, McElveen, McKay, McLeod, McMahand, Moody-Lawrence, Neal, Rhoad, Rogers, Sharpe, Sheheen, D. Smith, Snow, Spearman, Sturkie, Townsend, Tucker, Waites, Waldrop, Walker, Whipper, D. Wilder, J. Wilder, Wilkes, Wilkins, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. CHARLES D. BARNETT, FORMER STATE COMMISSIONER OF MENTAL RETARDATION FOR SOUTH CAROLINA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 12:10 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Reverend A.D. Dennis, Sr., to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 4637 . . . . . Friday, April 15, 1994

Friday, April 15, 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:

Eternal God, infinite and unchanging, rekindle within us the fires of pure religion and true patriotism. As our fathers trusted in You, cause us to know that in the march of time, You are the same yesterday, today, and in the future. Correct our mistakes, overrule erroneous judgments. Guide by Your perfect wisdom all who bear public office that they may be true servants of the welfare of Your people. Be with us in actions great and small. In the words of the hymn writer, we would say: "I do not ask to see the distant scene - one step is enough for me."

We pray in the Name of Him Who was servant of all. Amen.

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

ADJOURNMENT

At 10:05 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, April 19.

* * *


Printed Page 4638 . . . . . Tuesday, April 19, 1994

Tuesday, April 19, 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:

O God, Who fills Heaven and earth with Your presence, we thank You for the loveliness of the Spring flowers, the far off twinkle of the star, the music of the crystal stream, the deep call of the sea, the far stretches of pasturelands, the purple majesty of the mountains.

Make us, we pray, worthy of the past and equal to the present. May the healing breezes of good will blow across our minds cleansing us of all narrowness and selfishness. Unite our efforts, and grant us Your peace, both now and always. 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. WALKER moved that when the House adjourns, it adjourn in memory of Carl D. Bruce, father of Reading Clerk, Danny Bruce, which was agreed to.

SILENT PRAYER

The House stood in a moment of silent prayer in memory of Carl D. Bruce, father of Reading Clerk Danny Bruce.


Printed Page 4639 . . . . . Tuesday, April 19, 1994

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

April 13, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina Victim Assistance Network would like to have placed on the House Calendar an invitation for Representatives and staff to join us in the downstairs lobby of the Statehouse April 26, from 10:00 A.M. to 2:00 P.M., to celebrate the first decade of the Victims Rights Amendment. We will be serving food and giving Representatives an opportunity to meet with constituents whose lives have been touched by crime.

Sincerely,
Ritchie Tidwell
President, SCVAN Board of Directors

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1764
Promulgated By The Department of Transportation
Outdoor Advertising and the Highway Advertising Control Act
Received by Speaker April 6, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date March 13, 1995
Withdrawn and Resubmitted April 14, 1994

SENATE AMENDMENTS CONCURRED

IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3442 -- Rep. Cromer: A BILL TO ALLOW SCHOOL ADMINISTRATORS AND OFFICIALS TO CONDUCT SEARCHES OF


Printed Page 4640 . . . . . Tuesday, April 19, 1994

STUDENT AREAS ON SCHOOL PROPERTY WITHOUT PROBABLE CAUSE.


| Printed Page 4620, Apr. 14 | Printed Page 4640, Apr. 19 |

Page Finder Index