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 4790 . . . . . Wednesday, April 20, 1994
courtroom. In 1961 cameras were banned from South Carolina courtrooms, but today our citizens can have a closer look at matters that involve their community. My goal was to allow our citizens to see into our courtroom and to learn more about how the judicial system works. I believe the more our citizens understand about how our government works the better our government will work. Cameras in the courtroom allow people to see the courtroom in action and I have been pleased with the response. From the comments we have received, I know people are learning more about the events in their community and more about how the judicial branch of government operates. I noticed with interest that a federal judge in South Carolina was quoted as saying he feels it is time for cameras to be allowed in federal courts. When I took office, my goals were not to make a short-term improvement in the number or age of our pending cases, our usual bench mark of success. Instead, I wanted to begin retooling the judicial system so it would be able to meet the needs of tomorrow. Although we put into place a bench/bar committee, magistrate training, arbitration, mediation, regional rotation, and beginning to end case handling and allowed cameras into the courtroom there are still several areas that need attention. When I became chief justice, the courts did not even have a fax machine. We now have them and their use has noticeably speeded up communications. You gave us some funds to begin my effort to computerize the courts but this process is not complete. Automating the courts will have profound implications for our future. Innovations in this field will have effects that you and I cannot even begin to imagine. But there are things that I know can and should happen. With automation, county and state offices will communicate faster and process more with the same staff. We will more effectively handle our court scheduling responsibilities and place better information in the hands of judges so they spend less time preparing for court and more time in court. There will also be improvements in information sharing between the courts and those who need court information. We will cut down on paper work and increase the accuracy and speed by which information is shared. The system put in place will be the roadbed on which the criminal justice information highway will be built. The courts need to be fully automated and your efforts are still needed to supply the funds necessary to finish what was started. Finishing the automation network, will bring the court out of the yellow pad and pencil era and into the twenty first century. To improve the state of our judiciary, two other matters need attention. First, funds to rotate judges and second, another three-judge panel for the Court of Appeals. Rotation gives us a management tool that is unique. We move judges where they
Printed Page 4791 . . . . . Wednesday, April 20, 1994
are needed. We can accomplish more with fewer judges because we have this flexibility. The recession has taken its toal on our rotation account and I hope the Senate will build upon what the House has given and put this account back where it was in 1986. The innovations we put in place will help hold down cost but we cannot operate effectively on a budget that is really half what it was in 1986. Our system deals with over a quarter million cases a year. As the trial court's workload increases, so will the appellate court's workload. The bottleneck will soon be in the appellate court area. Prudence tells us to plan ahead. I'm sure the chief justice who follows me will request funds for a new panel on the Court of Appeals, and I urge you to give this request careful consideration. One appeal can have reprocussions on dozens of cases. A delay at the appellate level backs up the entire system and may unnecessarily cause cases to be retried. With the recession ending, we are all working our way back. Many of you have worked very hard and are helping the courts. I greatly appreciate your help. We can not have a strong judiciary without your support. It is my hope the added funding will ensure criminals are brought to court quickly and our citizens will have their disputes resolved without undue delay. With my first State of the Judiciary speech, I said I would depart from the usual format of highlighting with statistics the status of our court dockets. Instead, in my State of the Judiciary message, I have chosen to share with you my views on what needs to be done, what I've done about it and what we still need to do. I view my time as chief justice not as a caretaker but as a rebuilder. Using what resources were available, my job was to help reshape the system so it would be ready to face the challenges of today and tomorrow. I have been blessed with an opportunity to serve and to have been surrounded by friends who have supported my efforts. No one accomplishes anything alone and I express to you, my fellow judges, the members of the House and Senate and the public my sincere appreciation for your support and friendship over these many years. Although I am retiring as Chief Justice, I will remain active in my profession and in the business community. I look forward to our continued fellowship. I assure you I will continue as a private citizen to do what I can to help my South Carolina and her people. Thank you."

Upon the conclusion of his address, Chief Justice Harwell and his escort party retired from the Chamber.

Printed Page 4792 . . . . . Wednesday, April 20, 1994
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 12:34 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4870 -- Reps. Davenport, Meacham, Vaughn, R. Smith, M.O. Alexander, Stoddard, Marchbanks, Wofford, Stone, Stuart, Townsend, Moody-Lawrence, Harrell, Witherspoon, Cato, Simrill, Hutson, Keegan, Chamblee, Harrelson, Stille, Hallman, Haskins, Richardson, Riser, J. Wilder, Klauber, D. Wilder, Fulmer, Cromer, Spearman, J. Bailey, H. Brown, Baker, Hines, G. Bailey, Allison, Lanford, Scott, Robinson, Tucker, Wright, Carnell, Neilson, Koon, Phillips, Law, Kinon, Littlejohn, Walker, D. Smith, McCraw, Farr and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO TAKE URGENT AND FIRM ACTION TO ENSURE THE HEALTH OF THE AMERICAN TEXTILE INDUSTRY.

H. 5140 -- Reps. Harvin and Canty: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF THE HONORABLE JAMES E. MAYES OF MAYESVILLE, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 5143 -- Reps. Rudnick, 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, 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,

Printed Page 4793 . . . . . Wednesday, April 20, 1994
Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, 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 EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TONI LYNN CARNELL OF WARE SHOALS, DAUGHTER OF OUR DEAR FRIEND AND COLLEAGUE, REPRESENTATIVE MARION CARNELL, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 5144 -- Reps. Rudnick, 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, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, 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 EXPRESSING SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CARL D. BRUCE OF CAMPOBELLO, FATHER OF THE HONORABLE DANNY BRUCE, READING CLERK OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO MR. BRUCE'S FAMILY AND MANY FRIENDS.

Printed Page 4794 . . . . . Wednesday, April 20, 1994
H. 5145 -- Reps. J. Harris, Jaskwhich, Spearman, H. Brown, Rogers and D. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND GUY F. LIPSCOMB, A RETIRED INDUSTRIALIST AND ARTIST ON BEING RECENTLY NAMED TO THE SOUTH CAROLINA BUSINESS HALL OF FAME.

ADJOURNMENT

At 12:35 P.M. the House in accordance with the motion of Rep. HOLT adjourned in memory of Toni Lynn Carnell, daughter of Rep. MARION CARNELL, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 4795 . . . . . Thursday, April 21, 1994
Thursday, April 21, 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:

Eternal God, always ready to hear us when we pray and to answer us when we call, cultivate within us thankful, uncomplaining hearts. Give us boldness to stand for what is right, determination for self-discipline, the ability to treat others as we would have them treat us, the beauty of kindness and forgiveness. Use us to heal those who need healing, make strong the wavering, befriend the lonely, give faith to those whose spirits are low.

Make us instruments in Your hand that "Your will may be done on earth as it is in Heaven." 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. KINON moved that when the House adjourns, it adjourn in memory of Roxie Lee of Dillon County, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 5112 -- Rep. Boan: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER MAINTAINING THE CURRENT ALLOCATION SYSTEM FOR THE STATE REVOLVING FUND CAPITALIZATION GRANTS WHICH IS PROPOSED TO BE CHANGED AS A PART OF S.1114 PRESENTLY PENDING BEFORE THE UNITED STATES SENATE.

Ordered for consideration tomorrow.

Printed Page 4796 . . . . . Thursday, April 21, 1994
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 5120 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY 23 AS "R. CLARK DUBOSE HIGHWAY".

Ordered for consideration tomorrow.

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

H. 5122 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A CROSSING IN BEAUFORT COUNTY AS THE "MARINE CORPS MEMORIAL CROSSING".

Ordered for consideration tomorrow.

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

H. 5141 -- Reps. Harvin, Askins, Baxley, G. Brown, Canty, Cobb-Hunter, Harrelson, Harwell, Hines, Houck, Inabinett, McKay, McElveen, McLeod and Neal: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO RENAME THE "JOHN C. LAND LANDING" AT THE END OF SOUTH CAROLINA HIGHWAY 260 BELOW THE LAKE MARION DAM AS THE "BORROW PIT LANDING" AND TO RENAME THE "LOG JAM LANDING" ON TAWCAW CREEK ON LAKE MARION AS THE "LOG JAM LANDING-JOHN C. LAND SPORTSFISHING AND BOATING CENTER".

Ordered for consideration tomorrow.

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

S. 1353 -- Senator Drummond: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER MAINTAINING THE CURRENT ALLOCATION SYSTEM FOR THE STATE REVOLVING FUND CAPITALIZATION GRANTS WHICH IS PROPOSED TO BE

Printed Page 4797 . . . . . Thursday, April 21, 1994
CHANGED AS A PART OF S.1114 PRESENTLY PENDING BEFORE THE UNITED STATES SENATE.

Ordered for consideration tomorrow.

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

S. 1355 -- Senator Washington: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE CROSSWALK AT SECONDARY ROAD S-428 OVER INTERSTATE HIGHWAY I-95 IN RIDGELAND, JASPER COUNTY, AS THE "JUANITA M. WHITE CROSSWALK" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4973 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4986 -- Reps. Townsend, Stille and Allison: A CONCURRENT RESOLUTION TO ESTABLISH A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, STRUCTURE, AND OPERATION OF HIGHER EDUCATION IN SOUTH CAROLINA AND TO PROVIDE FOR THE MANNER IN WHICH THE REPORT OF THE COMMITTEE DUE NO LATER THAN JANUARY 1, 1996, SHALL BE COMPILED AND SUBMITTED WHICH SHALL INCLUDE REGIONAL PUBLIC HEARINGS.

Ordered for consideration tomorrow.

Printed Page 4798 . . . . . Thursday, April 21, 1994
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:

S. 127 -- Senator Rose: A BILL TO AMEND SECTION 59-31-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADOPTION OF NEW TEXTBOOKS, SO AS TO REQUIRE THE STATE BOARD OF EDUCATION NOT TO ADOPT A TEXTBOOK WHICH CONTAINS SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-510, RELATING TO CONTRACTS WITH PUBLISHERS FOR RENTAL OR PURCHASE OF BOOKS, SO AS TO REQUIRE THAT THE CONTRACT CONTAINS A PROVISION REQUIRING BOOKS TO BE FREE OF SUBSTANTIVE ERRORS; TO AMEND SECTION 59-31-600, RELATING TO STANDARDS FOR ADOPTION OF TEXTBOOKS, SO AS TO REQUIRE ONE LAYPERSON AND THAT A MAJORITY OF THE COMMITTEE MEMBERS HAVE EXPERTISE IN AREA UNDER CONSIDERATION AND TO PROVIDE ADDITIONAL CRITERIA TO RATE TEXTBOOKS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-31-700 SO AS TO PROVIDE FOR PUBLIC REVIEW AND HEARINGS BEFORE TEXTBOOKS ARE ADOPTED BY THE STATE BOARD OF EDUCATION.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4031 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND SECTION 56-1-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXPIRATION OF DRIVER'S LICENSE, RENEWAL, VISION TESTS, AND REEXAMINATIONS, SO AS TO CHANGE THE MANNER OF PROOF THAT A PERSON ON ACTIVE MILITARY DUTY OUTSIDE THE STATE MUST PRESENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO QUALIFY FOR RENEWAL OF HIS DRIVER'S LICENSE.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4330 -- Reps. Fair, Corning, Snow and Harvin: A BILL TO AMEND SECTION 56-5-2530, CODE OF LAWS OF SOUTH

Printed Page 4799 . . . . . Thursday, April 21, 1994
CAROLINA, 1976, RELATING TO STOPPING, STANDING, OR PARKING IN PROHIBITED SPECIFIED AREAS, SO AS TO PROVIDE AN EXCEPTION FOR POSTAL SERVICE CARRIERS OR BUSINESSES PROVIDING MAIL, PARCEL, OR PACKAGE DELIVERY THAT MAKE FREQUENT STOPS FOR SHORT PERIODS OF TIME.

Ordered for consideration tomorrow.

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

H. 3094 -- Reps. Kirsh and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-735 SO AS TO PROVIDE THAT BUNGY JUMPING AND REVERSE BUNGY JUMPING ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR VIOLATION.

Ordered for consideration tomorrow.

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

H. 4619 -- Reps. Huff, Wilkins, R. Smith, Sharpe, A. Young and Stone: A BILL TO AMEND SECTION 62-7-302, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THE DUTIES OF A TRUSTEE WITH RESPECT TO ACQUIRING OR RETAINING A CONTRACT OF INSURANCE UPON THE LIFE OF THE TRUSTOR OR TRUSTOR'S SPOUSE.

Ordered for consideration tomorrow.

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

H. 4941 -- Reps. Robinson, Stone, Marchbanks, Govan, Littlejohn, Mattos, Corning, Allison, Sturkie, J. Wilder, Simrill, Law, Wofford, Wright, Sharpe, Harrell, Huff, Wells, Haskins, Riser, Jaskwhich and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1644 SO AS TO PROVIDE THAT LICENSED FOSTER FAMILY CARE PROVIDERS ARE NOT LIABLE FOR LOSSES RESULTING FROM ACTS MADE IN GOOD FAITH WITHIN THE SCOPE OF THEIR

Printed Page 4800 . . . . . Thursday, April 21, 1994
OBLIGATIONS AS FOSTER PARENTS; BY ADDING SECTION 43-1-90 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN INTERNAL REVIEW SYSTEM FOR CASES IN WHICH A CHILD KNOWN TO THE DEPARTMENT HAS DIED; BY ADDING SECTION 62-2-805 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PARENT MAY NOT INHERIT FROM A DECEASED CHILD; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO GOVERNMENTAL IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE IMMUNITY FOR LOSSES RESULTING FROM ACTS OR OMISSIONS WITHIN THE SCOPE OF DUTY OF THOSE PERSONS PERFORMING CHILD PROTECTIVE OR CHILD WELFARE RELATED FUNCTIONS; TO AMEND SECTION 15-78-170, RELATING TO ACTIONS OR CLAIMS FOR DEATH OF A PERSON AND THE DIVISION OF RECOVERY SO AS TO PROVIDE THAT ANYONE PRECLUDED FROM INHERITING FROM THE ESTATE OF A DECEASED CHILD MAY NOT ACT AS PERSONAL REPRESENTATIVE NOR BENEFIT FROM ANY PROCEEDING BASED ON INJURY TO OR DEATH OF THE CHILD; AND TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO PERSONS NOT QUALIFIED TO SERVE AS A PERSONAL REPRESENTATIVE SO AS TO INCLUDE PARENTS PRECLUDED FROM INHERITING FROM THE ESTATE OF THEIR DECEASED CHILD IN THE LEGAL CUSTODY OF THE STATE.

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