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 460, Jan. 19 | Printed Page 480, Jan. 20 |

Printed Page 470 . . . . . Wednesday, January 19, 1994

Carolina where citizens have access to good health care; where our elderly can retire in dignity and walk the streets unafraid. These are the ideals that link generations past and future. These are the objectives that gave us the unity of purpose to reach so many goals together in the last few years. With our faith in God and the families that give South Carolina its character, we have the power to shape the future through our work. With the challenge of having our children rely on us and the enrichment their trust brings, we find the courage to instill in them the power to shape their own lives. Our hope is for the children, that we have prepared them well as they embark on a new millennium. Ladies and gentlemen, I have had the privilege of being your Governor and working with you for these years. As I enter my last year, I can tell you that I have great pride in the Legislative Body, House and Senate. I have great pride in the State of South Carolina. I love this state. I appreciate the honor that you have bestowed upon me to be the Governor. But, I could not have done anything in this State without you. I want to thank you for that tonight. Thank you and God bless you."

Upon the conclusion of his address, Governor Campbell and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 7:45 P.M. the House resumed, the SPEAKER in the Chair.

Rep. QUINN moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 7:46 P.M. the House in accordance with the motion of Rep. HARRELL adjourned in memory of Mrs. Suzanne Berry, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 471 . . . . . Thursday, January 20, 1994

Thursday, January 20, 1994

(Statewide 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:

O God, our Father, the Real Presence of all who will claim that Presence, we close the doors of the noisy world as we pause at this alter of prayer to acknowledge Your sovereignty and our need of Your help. You have made us for Yourself, and our souls are restless until they find peace in You. May our failures prove but steppingstones to our better selves. Make us builders of roads of concord which shall make rough places smooth and deep ruts level, and of bridges of understanding which shall span chasms over which glad and eager feet shall walk in a world of peace.

Lord, in Your mercy, hear our prayer. 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 yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. STUART moved that when the House adjourns, it adjourn in memory of Victor L. Odom, which was agreed to.

REPORTS OF STANDING COMMITTEE

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

H. 4515 -- Reps. Tucker and Chamblee: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ADD LEFT TURN PHASES OR ARROWS TO CERTAIN TRAFFIC SIGNALS IN ANDERSON COUNTY.

Ordered for consideration tomorrow.


Printed Page 472 . . . . . Thursday, January 20, 1994

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

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

Ordered for consideration tomorrow.

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

S. 1011 -- Senators Lander, Matthews and Setzler: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 16, 1994, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 16, 1994, AT WHICH TIME THE STATE LIFE ABILITIES REPRESENTATIVES AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4577 -- Reps. Wilkins, Vaughn, Baker, Cato, Jaskwhich, Clyborne and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 IN TITLE 7, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT MEMBERS OF THE UNITED STATES HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE FROM THIS STATE WHO HAVE SERVED FOR MORE THAN A SPECIFIED NUMBER OF YEARS IN THEIR OFFICES MAY NOT SEEK ELECTION TO THE SAME OFFICE EXCEPT BY A WRITE-IN CAMPAIGN WITH THESE


Printed Page 473 . . . . . Thursday, January 20, 1994

LIMITS TO APPLY ONLY TO TERMS BEGINNING AFTER 1994 AND TO MAKE THIS ACT EFFECTIVE ONLY UPON A FAVORABLE VOTE IN A REFERENDUM HELD AT THE TIME OF THE 1994 GENERAL ELECTION.

Referred to Committee on Judiciary.

H. 4578 -- Reps. Wilkins, Vaughn, Baker, Cato, Jaskwhich, Clyborne and Fair: 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 SERVE ONLY THREE 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 THREE NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY TWO 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 TWO NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES.

Referred to Committee on Judiciary.

H. 4579 -- Reps. Waites, McAbee, Wofford and Shissias: A BILL TO AMEND SUBARTICLE 4, ARTICLE 13, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO FOSTER CARE REVIEW BOARDS, SO AS TO REVISE BOARD PROCEDURES AND STANDARDS FOR REVIEW, TO ELIMINATE THE BOARD SUPPORTING THE DIVISION OF REVIEW OF THE FOSTER CARE OF CHILDREN IN THE OFFICE OF THE GOVERNOR, TO CHANGE THE PROCEDURES FOR SELECTION OF LOCAL BOARD MEMBERS, AND TO LIMIT BOARD MEMBER REIMBURSEMENT.

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

H. 4580 -- Reps. Davenport, Littlejohn, Walker, Allison, Moody-Lawrence, R. Young, Byrd, Quinn and Fair: A BILL TO AMEND SECTION 59-20-60, AS AMENDED, CODE OF LAWS OF


Printed Page 474 . . . . . Thursday, January 20, 1994

SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT, SO AS TO DELETE CERTAIN PROVISIONS WHICH REQUIRE EARLY CHILDHOOD AND ACADEMIC ASSISTANCE INITIATIVE PLANS TO CONTAIN MEASURES OF EFFECTIVENESS WHICH INCLUDE OUTCOME AND PROCESS INDICATORS OF IMPROVEMENT AND TO CONTAIN SPECIFIC INNOVATION INITIATIVES.

Referred to Committee on Education and Public Works.

H. 4581 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND SECTION 7-7-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN AIKEN COUNTY, SO AS TO REDESIGNATE AND ADD NEW PRECINCTS, PROVIDE THAT THE PRECINCTS ARE AS SHOWN ON AN OFFICIAL MAP ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE AIKEN COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE AIKEN COUNTY LEGISLATIVE DELEGATION.

On motion of Rep. SHARPE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4582 -- Rep. McElveen: A BILL TO AMEND THE 1976 CODE BY ADDING ARTICLE 9 TO CHAPTER 15 OF TITLE 7, SO AS TO PROVIDE FOR EARLY VOTING BY PERSONAL APPEARANCE AND BY MAIL.

Referred to Committee on Judiciary.

H. 4584 -- Reps. Gonzales, R. Young, Holt, Wofford, H. Brown and Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-60 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY IMPOSING A USER FEE WHICH IS BILLED ON AN AD VALOREM TAX NOTICE MAY BY ORDINANCE PROVIDE THAT AN UNPAID USER FEE CONSTITUTES A LIEN ON THE TAXABLE PROPERTY WHICH MAY BE ENFORCED AND COLLECTED AS PROPERTY TAXES


Printed Page 475 . . . . . Thursday, January 20, 1994

ARE ENFORCED AND COLLECTED AND THIS LIEN HAS THE SAME PRIORITY AS A TAX LIEN.

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

HOUSE RESOLUTION

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

H. 4583 -- Rep. Clyborne: A HOUSE RESOLUTION TO GRANT SPECIAL LEAVE OF THE HOUSE OF REPRESENTATIVES TO ADMIT JEFFREY NIELS THORDAHL, HOUSE OF REPRESENTATIVES LIAISON, OFFICE OF THE GOVERNOR, TO THE FLOOR OF THE HOUSE DURING THE 1994 REGULAR SESSION OF THE GENERAL ASSEMBLY AND DURING ANY SPECIAL SESSION WHICH MAY BE CALLED IN 1994.

Be it resolved by the House of Representatives:

That in accordance with the provisions of Rule 10.1 of the Rules of the House of Representatives, Jeffrey Niels Thordahl, House of Representatives Liaison, Office of the Governor, is granted special leave of the House to be admitted in the outer doors of the Chamber, in the Hall, and upon the Floor of the House of Representatives at any time during the regular session of the General Assembly beginning January 11, 1994, and for any special session of the General Assembly such as may be ordered in 1994.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Baker            Baxley
Beatty           Boan             Breeland
Brown, H.        Carnell          Cato
Clyborne         Cobb-Hunter      Cooper
Corning          Cromer           Delleney
Fair             Fulmer           Gamble
Gonzales         Graham           Hallman
Harrell          Harrelson        Harris, J.

Printed Page 476 . . . . . Thursday, January 20, 1994

Harris, P.       Harrison         Harvin
Harwell          Haskins          Hines
Hodges           Holt             Houck
Hutson           Jaskwhich        Jennings
Keegan           Kelley           Keyserling
Kirsh            Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       McCraw           McKay
McLeod           McMahand         McTeer
Meacham          Moody-Lawrence   Neilson
Rhoad            Richardson       Riser
Robinson         Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Thomas
Trotter          Tucker           Vaughn
Waites           Waldrop          Walker
Whipper          White            Wilder, D.
Wilder, J.       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 Thursday, January 20. Kenneth Kennedy Timothy C. Wilkes Roland Smith James G. Mattos C. Lenoir Sturkie Toney L. Farr Ronald P. Townsend C. D. Chamblee Roger M. Young Olin R. Phillips Larry L. Elliott Joe E. Brown Grady A. Brown Jerry N. Govan, Jr. Timothy F. Rogers John G. Felder Thomas E. Huff G. Ralph Davenport, Jr. Robert A. Barber, Jr. Alma W. Byrd Jennings G. McAbee Joseph T. McElveen, Jr.

Total Present--117

Printed Page 477 . . . . . Thursday, January 20, 1994

LEAVE OF ABSENCE

The SPEAKER granted Rep. INABINETT a leave of absence for the day.

SPECIAL PRESENTATION

Rep. STUART, and the Lexington County Delegation, presented to the House the Swansea High School Tigers Football Team, winners of the 1993 State Class AA Championship, and its coaches.

DOCTOR OF THE DAY

Announcement was made that Dr. Bartolo Barone of Charleston is the Doctor of the Day for the General Assembly.

ORDERED TO THIRD READING

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

S. 1012 -- Senators Hayes, Peeler, Gregory and Short: A BILL TO DESIGNATE THE BOUNDARIES OF YORK SCHOOL DISTRICT 1, CLOVER SCHOOL DISTRICT 2, ROCK HILL SCHOOL DISTRICT 3, AND FORT MILL SCHOOL DISTRICT 4, ALL LOCATED IN YORK COUNTY.

H. 4567 -- Reps. Townsend, P. Harris, Cooper, Stille, Chamblee and Tucker: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH HAVE A REGISTER OF MESNE CONVEYANCES; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF REGISTERS OF MESNE CONVEYANCES, SO AS TO ADD ANDERSON COUNTY TO THE LIST OF COUNTIES WHICH SHALL APPOINT THE REGISTER OF MESNE CONVEYANCES FOR ITS COUNTY PURSUANT TO THE TERMS AND CONDITIONS AS IT MAY AGREE UPON.

H. 4570 -- Reps. Baker and McMahand: A BILL TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY MUST BE FILLED BY


Printed Page 478 . . . . . Thursday, January 20, 1994

APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM.

H. 4572 -- Reps. Harwell, McKay, Askins and Houck: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF DECEMBER 9, 1993, MISSED BY THE STUDENTS OF SOUTHSIDE MIDDLE SCHOOL, FLORENCE CAREER CENTER, AND SOUTH FLORENCE HIGH SCHOOL OF FLORENCE SCHOOL DISTRICT ONE IN FLORENCE COUNTY WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER PROBLEMS 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.

S. 925 -- Senators Holland, Passailaigue, Ryberg, Courtney, Giese, Hayes, Lander and Martin: A BILL TO AMEND SECTION 1-30-10, AS LAST AMENDED BY ACT 181 OF 1993, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE GOVERNOR MAY APPOINT THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY AS THE PERMANENT DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY.

Rep. HODGES explained the Bill.

H. 3325 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LICENSING REQUIREMENTS FOR CAST NETS USED FOR NONCOMMERCIAL PURPOSES AND HAND TONGS USED FOR HARVESTING OYSTERS, SO AS TO REVISE THE FISHING DEVICES WHICH ARE EXEMPTED.

H. 3548 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SEASONS, SIZE LIMITS, AND AREAS FOR TAKING ATLANTIC STURGEON, SO AS TO PROHIBIT THE POSSESSION OR SALE OF PART OF A STURGEON DURING THE CLOSED SEASON WITHOUT PROOF THAT THE PART WAS TAKEN LEGALLY.

Rep. SNOW explained the Bill.


Printed Page 479 . . . . . Thursday, January 20, 1994

H. 3980 -- Reps. Meacham and Barber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-25-110 SO AS TO PROVIDE THE PROCEDURES FOR A CITY OR COUNTY IN SOUTH CAROLINA TO JOIN A REGIONAL TRANSPORTATION AUTHORITY CREATED BY A CONTIGUOUS STATE WITH THE ABILITY TO PLAN, OPERATE, AND PROVIDE TRANSPORTATION SERVICES IN SOUTH CAROLINA AND TO EXEMPT SUCH AUTHORITIES FROM SPECIAL PURPOSE DISTRICT NOTIFICATION TO THE SECRETARY OF STATE; AND TO AMEND SECTION 58-25-20, AS AMENDED, RELATING TO REGIONAL TRANSPORTATION AUTHORITY LAW DEFINITIONS, SO AS TO ADD THE DEFINITION OF "JOINT TRANSPORTATION AGENCY".

Rep. LANFORD explained the Bill.

S. 1012--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SIMRILL, with unanimous consent, it was ordered that S. 1012 be read the third time tomorrow.

H. 4567--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. TOWNSEND, with unanimous consent, it was ordered that H. 4567 be read the third time tomorrow.

H. 4570--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAKER, with unanimous consent, it was ordered that H. 4570 be read the third time tomorrow.

H. 4572--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARWELL, with unanimous consent, it was ordered that H. 4572 be read the third time tomorrow.

S. 925--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HODGES, with unanimous consent, it was ordered that S. 925 be read the third time tomorrow.

H. 3325--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 3325 be read the third time tomorrow.


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