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 40, Jan. 11 | Printed Page 60, Jan. 12 |

Printed Page 50 . . . . . Tuesday, January 11, 1994

H. 4420 -- Rep. Mattos: 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 INCLUDE AN EXEMPTION FOR HANDICAPPED PERSONS.

Referred to Committee on Ways and Means.

H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDINGSECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.

Referred to Committee on Education and Public Works.

H. 4422 -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE


Printed Page 51 . . . . . Tuesday, January 11, 1994

48 SO AS TO AUTHORIZE PRESCRIBED FIRES TO BE CONDUCTED UNDER CERTAIN CONDITIONS, DEFINE TERMS, PROVIDE FOR PROMULGATION OF REGULATIONS, LIMIT RELATED LIABILITY, AND PROVIDE FOR PRESCRIBED FIRES CONDUCTED WITHOUT A PRESCRIBED FIRE MANAGER.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4423 -- Rep. Farr: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CERTAIN VIOLATIONS BY JUVENILES, SO AS TO REQUIRE THE FAMILY COURTS TO REPORT ALSO VIOLATIONS THAT AFFECT THE JUVENILE'S PRIVILEGE TO DRIVE; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DEFINE CONTROLLED SUBSTANCE VIOLATIONS; TO AMEND SECTION 56-1-747, RELATING TO WHAT CONSTITUTES A CONVICTION FOR SUSPENSION PURPOSES, SO AS TO INCLUDE JUVENILE PROCEEDINGS.

Referred to Committee on Judiciary.

H. 4424 -- Rep. Farr: A BILL TO AMEND SECTION 56-5-4070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LENGTH OF VEHICLE COMBINATIONS, SO AS TO CHANGE THE DEPARTMENT OF PUBLIC SAFETY TO THE DEPARTMENT OF TRANSPORTATION; TO AMEND SECTION 56-5-4170, AS AMENDED, RELATING TO PERMITS FOR EXCESS SIZE AND WEIGHT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF REVENUE AND TAXATION TO THE DEPARTMENT OF TRANSPORTATION.

Referred to Committee on Education and Public Works.

H. 4425 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-70 SO AS TO PROHIBIT HUNTING GAME WITHIN ONE HUNDRED YARDS OF A RESIDENCE OR BUSINESS WITHOUT PERMISSION, PROVIDE PENALTIES AND EXCEPTIONS, AND DEFINE TERMS; TO REPEAL SECTION 50-11-355 RELATING TO HUNTING DEER NEAR RESIDENCES.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.


Printed Page 52 . . . . . Tuesday, January 11, 1994

H. 4426 -- Rep. Cromer: A BILL TO AMEND SECTION 31-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF TRAVEL TRAILER DEALER, SO AS TO PROHIBIT THE EXHIBITION AND SALE OF TRAVEL TRAILERS AT CERTAIN SHOWS AND EVENTS; TO AMEND SECTION 56-15-310, RELATING TO LICENSING FOR MANUFACTURERS AND DISTRIBUTORS, SO AS TO PROHIBIT THE EXHIBITION AND SALE OF MOTOR HOMES AT CERTAIN SHOWS AND EVENTS AND REPEAL THE ISSUANCE OF TEMPORARY LICENSES FOR THIS PURPOSE.

Referred to Committee on Labor, Commerce and Industry.

H. 4427 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.

Referred to Committee on Ways and Means.

H. 4428 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-15 SO AS TO PROVIDE THAT A COUNTY OR MUNICIPALITY MAY ENACT LOCAL ORDINANCES REGULATING THE STORAGE, SALE, AND USE OF FIREWORKS WITHIN ITS JURISDICTION WHICH ARE NOT IN CONFLICT WITH THE PROVISIONS OF STATE LAW OR THE REGULATIONS PROMULGATED UNDER IT.

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

H. 4429 -- Rep. McElveen: A BILL TO AMEND SECTION 23-35-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS REGARDING FIREWORKS BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE THAT THE FIRE CHIEF OR HEAD OF FIRE SERVICES OF ANY COUNTY OR MUNICIPALITY TEMPORARILY MAY BAN THE USE OF FIREWORKS IN THAT JURISDICTION IF OTHERWISE PERMITTED WHEN WEATHER CONDITIONS OR OTHER CONDITIONS REQUIRE, TO PROVIDE THAT THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY MUST CONFIRM THE TEMPORARY BAN AT ITS NEXT REGULARLY SCHEDULED MEETING BY EMERGENCY ORDINANCE OR


Printed Page 53 . . . . . Tuesday, January 11, 1994

TERMINATE THE BAN, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE EMERGENCY ORDINANCE.

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

H. 4430 -- Reps. Kelley, Keegan, Martin, Snow, Witherspoon and Worley: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REOPEN, REPAIR, AND MAINTAIN THE PINE ISLAND DRAWBRIDGE.

Referred to Committee on Education and Public Works.

H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S LIEN ON A TENANT'S HOUSEHOLD GOODS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE.

Referred to Committee on Labor, Commerce and Industry.

H. 4432 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVICTION PROCEDURES, SO AS TO CHANGE THE TERM "EVICTION NOTICE" TO "WRIT OF EVICTION OR EJECTMENT" AND TO REPEAL SECTION 27-40-735, A DUPLICATIVE PROVISION RELATING TO PROPERTY OF EVICTED TENANTS.

Referred to Committee on Labor, Commerce and Industry.

H. 4433 -- Reps. Simrill and Meacham: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S ORMUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT, SO AS TO PROVIDE THAT IF A MUNICIPAL COURT AND JUDGE DISPOSES OF THE CASE, THE THREE-FOURTHS SHARE OF THE FINE THAT WOULD HAVE GONE TO THE COUNTY IN WHICH THE PROCEEDING WAS INSTITUTED INSTEAD MUST BE DISTRIBUTED TO THAT MUNICIPALITY, AND MAKE PROVISIONS WHICH STIPULATE THAT THESE TRANSFERS SHALL NOT RESULT IN ANY INCREASED COMPENSATION TO A MAGISTRATE OR IN ANY INCREASED COST TO A COUNTY ALSO APPLY TO MUNICIPAL JUDGES AND MUNICIPALITIES RESPECTIVELY.

Referred to Committee on Judiciary.


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H. 4434 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-457 SO AS TO PROVIDE THAT NO SCHOOL MAY PROHIBIT A STUDENT FROM PLAYING SOCCER ON A SCHOOL TEAM IF THE STUDENT IS PLAYING SOCCER IN A PROGRAM THAT IS NOT AFFILIATED WITH THE SCHOOL.

Referred to Committee on Education and Public Works.

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            Barber
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        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        Harris, J.       Harris, P.
Harrison         Harvin           Haskins
Hines            Hodges           Holt
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       Mattos
McAbee           McCraw           McElveen
McKay            McLeod           McMahand
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Richardson
Riser            Robinson         Rogers
Rudnick          Scott            Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Thomas           Townsend         Trotter

Printed Page 55 . . . . . Tuesday, January 11, 1994

Tucker           Vaughn           Waites
Waldrop          Walker           Wells
Whipper          White            Wilder, D.
Wilder, J.       Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, R.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, January 11. Richard M. Quinn, Jr. William S. Houck, Jr. Thomas N. Rhoad B. Hicks Harwell Morgan Martin

Total Present--123

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4415 -- Rep. Sheheen: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 19, 1994.

H. 4417 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE CONCHITA EDENSOF COLUMBIA UPON BEING NAMED RICHLAND COUNTY SCHOOL DISTRICT ONE TEACHER OF THE YEAR.

H. 4418 -- Reps. Corning and Shissias: A CONCURRENT RESOLUTION TO CONGRATULATE THE RICHLAND NORTHEAST HIGH SCHOOL FOOTBALL TEAM UPON CAPTURING THE CLASS AAAA DIVISION 2 STATE CHAMPIONSHIP SATURDAY, DECEMBER 4, 1993, AT WILLIAMS-BRICE STADIUM IN COLUMBIA.

H. 4419 -- Reps. P. Harris, Waldrop and Neilson: 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


Printed Page 56 . . . . . Tuesday, January 11, 1994

VOLUNTEERS WHO HAVE GIVEN SO GENEROUSLY OF THEIR TIME AND MANPOWER TO THIS PROJECT.

ADJOURNMENT
At 1:03 P.M. the House in accordance with the motion of Rep. MEACHAM adjourned in memory of Hugh White of Fort Mill, to meet at 2:00 P.M. tomorrow.

* * *


Printed Page 57 . . . . . Wednesday, January 12, 1994

Wednesday, January 12, 1994
(Statewide Session)

Indicates Matter Stricken Indicates New Matter

The House assembled at 2:00 P.M.

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

You have given to us, Lord, a new Legislative year. Make us to see it as another chance to live, new opportunities to serve, fresh possibilities to do good. Give us the vision to see all creation as a gift to us from Your Holy Hand. When we prosper, give us thankful hearts; when we struggle, give us hope. Transform our self-centeredness into a steadfast trust in You, giving thanks always for the abundance You have provided for us.

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. A. YOUNG moved that when the House adjourns, it adjourn in memory of Jay Witte of Summerville, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1703 Promulgated By Commissioners of Pilotage - Port of Port Royal Pilotage - Port of Port Royal Received by Speaker January 11, 1994 Referred to House Committee on Labor, Commerce and Industry 120 Day Review Expiration Date May 11, 1994


Printed Page 58 . . . . . Wednesday, January 12, 1994

REPORT OF STANDING COMMITTEE

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

H. 3765 -- Reps. Scott and Williams: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4435 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING DR. SYLVIA WEINBERG, SUPERINTENDENT OF CLARENDON SCHOOL DISTRICT TWO, ON RECEIVING ONE OF TWO 1993 OUTSTANDING SUPERINTENDENT AWARDS FROM THE SOUTH CAROLINA SCHOOL BOARDS ASSOCIATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4436 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING OUR SORROW TO OUR COLLEAGUE, REPRESENTATIVE MOLLY MITCHELL SPEARMAN, ON THE DEATH OF HER MOTHER, MRS. LENORA WERTS MITCHELL OF SALUDA COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4437 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING NORMA ANDREWS, CLARENDON COUNTY AUDITOR, ON BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA ASSOCIATION OF ASSESSING OFFICIALS AT THE


Printed Page 59 . . . . . Wednesday, January 12, 1994

ASSOCIATION'S ANNUAL BUSINESS MEETING ON OCTOBER 15, 1993.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4438 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE BRUCE THIESEN, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 23, 1994.

The Concurrent Resolution was ordered placed on the Calendar.

CONCURRENT RESOLUTION

The following was introduced:

H. 4439 -- Reps. Rudnick, Canty, Wofford, Lanford, Neal, Thomas, Klauber, D. Smith, Law, Baker, Harrison, Corning, Riser, Keyserling, Stille, Wilkes, Sharpe, Cobb-Hunter, Vaughn, G. Brown, Haskins, Robinson, Elliott, Neilson, Moody-Lawrence, Whipper, McLeod, Holt, G. Bailey, M.O. Alexander, Farr, Jaskwhich, Askins, Littlejohn, Davenport, Huff, Kirsh, Wells and Quinn: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE JAMES M. BRAILSFORD, JR., OF ORANGEBURG COUNTY, FORMER ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4440 -- Reps. Rudnick, Kirsh, Baker, Wofford, Thomas, Klauber, P. Harris, Riser, Neal, Corning, Keyserling, Wilkes, Quinn, Holt, G. Brown, Sharpe, Haskins, Whipper, Robinson, Neilson, Davenport, McLeod, Cobb-Hunter, M.O. Alexander, Farr, Jaskwhich, Stille, Wells, Littlejohn, Huff, G. Bailey, Moody-Lawrence, Canty, Lanford, Vaughn,


Printed Page 60 . . . . . Wednesday, January 12, 1994

D. Smith and Law: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ELIZABETH BOATWRIGHT COKER, AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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


| Printed Page 40, Jan. 11 | Printed Page 60, Jan. 12 |

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