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 5520, May 3 | Printed Page 5540, May 4 |

Printed Page 5530 . . . . . Wednesday, May 4, 1994

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

S. 292 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 33, TITLE 43, SO AS TO ENACT THE "EMPLOYMENT BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO AMEND SECTIONS 43-33-510, 43-33-520, 43-33-530, 43-33-540, AND 43-33-560, ALL RELATING TO THE "BILL OF RIGHTS FOR HANDICAPPED PERSONS", SO AS TO DELETE REFERENCES TO EMPLOYMENT AND TO CHANGE THE TERM "HANDICAPPED PERSONS" TO "PERSONS WITH DISABILITIES"; TO CHANGE THE TITLE OF ARTICLE 7, CHAPTER 33, TITLE 43 TO "BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO REPEAL SECTION 43-33-550 RELATING TO JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION WITH REGARD TO EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-570 RELATING TO THE DEFINITION OF REASONABLE JUSTIFICATION; AND TO REPEAL SECTION 43-33-580 RELATING TO THE EXEMPTION OF CONTRACTORS SUBJECT TO FEDERAL LAW REGARDING EMPLOYMENT DISCRIMINATION.

Ordered for consideration tomorrow.

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

S. 665 -- Senator Leventis: A BILL TO AMEND SECTION 35-1-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR REGISTRATION OF A SECURITIES BROKER-DEALER, AGENT, INVESTMENT ADVISOR, OR INVESTMENT ADVISOR REPRESENTATIVE, SO AS TO REQUIRE A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD HISTORY TO BE OBTAINED FOR EACH INITIAL APPLICANT AND ALL CONVICTIONS RECORDED WITHIN SEVEN YEARS OF THE DATE OF THE APPLICATION TO


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BE NOTED ON THE REGISTRATION, TO REQUIRE A SEARCH OF BANKRUPTCY RECORDS FOR INITIAL APPLICANTS AND ANY ADJUDICATION OF PERSONAL BANKRUPTCY TO BE NOTED ON THE REGISTRATION, AND TO IMPOSE AN ADDITIONAL INITIAL REGISTRATION FEE IN AN AMOUNT SUFFICIENT TO COVER THE COST OF THESE ADDITIONAL REQUIREMENTS.

Ordered for consideration tomorrow.

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

S. 861 -- Senator Greg Smith: A BILL TO AMEND SECTION 38-75-310(5), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, SO AS TO INCLUDE THE MURRELLS INLET PORTION OF GEORGETOWN COUNTY IN THE DEFINITION OF COASTAL AREA.

Ordered for consideration tomorrow.

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

S. 884 -- Senators Hayes, Lander, Leventis and Wilson: A BILL TO AMEND SECTION 38-65-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE AND COVERAGE OF FAMILIES OF EMPLOYEES AND MEMBERS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF INSURANCE WITH RESPECT TO A SPOUSE OR CHILD.

Ordered for consideration tomorrow.

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

S. 913 -- Senators Lander, J. Verne Smith and Giese: A BILL TO AMEND SECTION 27-40-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SECURITY DEPOSITS AND PREPAID RENT PAID BY RESIDENTIAL TENANTS TO LANDLORDS, SO AS TO CLARIFY THE RIGHTS OF A TENANT WHEN A LANDLORD WRONGFULLY WITHHOLDS A SECURITY DEPOSIT.

Ordered for consideration tomorrow.


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

S. 1313 -- Senator Land: A BILL TO AMEND SECTION 58-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A PURCHASER OF A RAILROAD SHALL REORGANIZE AND COMMENCE OPERATION WITHIN SIXTY DAYS, SO AS TO PROVIDE THAT A PURCHASE FOR PURPOSES OF THIS SECTION INCLUDES A FORECLOSURE AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACQUISITIONS OF RAILROADS BY MERGER OR CONSOLIDATION, AND TO AMEND SECTIONS 58-17-610 AND 58-17-620, RELATING TO MERGER OR CONSOLIDATION OF RAILROAD COMPANIES, SO AS TO PROVIDE THAT THE MERGER OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL BE GOVERNED BY THE PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, AND THE CONSOLIDATION OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL CONTINUE TO BE GOVERNED BY THE PROVISIONS OF THE GENERAL RAILROAD LAW.

Ordered for consideration tomorrow.

REPORT OF STANDING COMMITTEE

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

S. 1390 -- Senators O'Dell, Drummond and Waldrep: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF STATE TROOPER RANDALL LAMAR (RANDY) HESTER, EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN CONJUNCTION WITH THE DEPARTMENT OF PUBLIC SAFETY, TO ERECT AN APPROPRIATE MEMORIAL MARKER AT THE SCENE OF THE ACCIDENT WHICH LED TO STATE TROOPER HESTER'S DEATH, TO BE PAID FOR BY FRIENDS OF STATE TROOPER HESTER, AND TO CONSIDER THE WISHES OF THE FAMILY AS TO THE DESIGN AND PLACEMENT OF THE MARKER.


Printed Page 5533 . . . . . Wednesday, May 4, 1994

S. 1390--ADOPTED AND SENT TO THE SENATE

On motion of Rep. WILLIAMS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

S. 1390 -- Senators O'Dell, Drummond and Waldrep: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF STATE TROOPER RANDALL LAMAR (RANDY) HESTER, EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN CONJUNCTION WITH THE DEPARTMENT OF PUBLIC SAFETY, TO ERECT AN APPROPRIATE MEMORIAL MARKER AT THE SCENE OF THE ACCIDENT WHICH LED TO STATE TROOPER HESTER'S DEATH, TO BE PAID FOR BY FRIENDS OF STATE TROOPER HESTER, AND TO CONSIDER THE WISHES OF THE FAMILY AS TO THE DESIGN AND PLACEMENT OF THE MARKER.

Whereas, State Trooper Randall Lamar (Randy) Hester has died in the line of duty at the age of twenty-six; and

Whereas, he was born in Westminster, served in the United States Air Force, and was a State Trooper First Class; and

Whereas, he was a member of the South Carolina Troopers Association and was a member of Cedar Grove Baptist Church in Belton, where he was an R.A. leader, basketball coach, and a member of the Young Adult Sunday School Class; and

Whereas, he was an outstanding individual and an excellent law enforcement officer who made the supreme sacrifice -- namely, his life for the good of the citizens of this State; and

Whereas, we want his family and many friends to know that they are uppermost in our thoughts and prayers and have our deepest sympathy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of State Trooper Randall Lamar (Randy) Hester and extend sympathy to his family and many friends.

Be it further resolved that the Department of Highways and Public Transportation, in conjunction with the Department of Public Safety, is requested to erect an appropriate memorial marker at the scene of the accident which led to State Trooper Hester's death, to be paid for by friends of State Trooper Hester, and is further requested to consider the


Printed Page 5534 . . . . . Wednesday, May 4, 1994

wishes of State Trooper Hester's family with regard to the design and placement of the memorial marker.

Be it further resolved that a copy of this resolution be forwarded to State Trooper Hester's family, to the Department of Highways and Public Transportation, and the Department of Public Safety.

The Concurrent Resolution was adopted and ordered returned to the Senate.

REPORT OF STANDING COMMITTEE

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

S. 1394 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT INTERSTATE HIGHWAY 95 AND INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY AS THE FRANK L. CULBERTSON, JR. INTERCHANGE.

S. 1394--ADOPTED AND SENT TO THE SENATE

On motion of Rep. WILLIAMS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

S. 1394 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT INTERSTATE HIGHWAY 95 AND INTERSTATE HIGHWAY 26 IN ORANGEBURG COUNTY AS THE FRANK L. CULBERTSON, JR. INTERCHANGE.

Whereas, Commander Frank L. Culbertson, Jr., son of Dr. and Mrs. Frank L. Culbertson, Sr., is a United States Navy Astronaut; and

Whereas, he was born in Charleston but considers Holly Hill his home; and

Whereas, Commander Culbertson graduated from Holly Hill High School in 1967 and received a Bachelor of Science degree in Aerospace Engineering from the United States Naval Academy in 1971; and

Whereas, he has been recognized for his outstanding service by receiving Navy and Air Force commendation medals and several meritorious unit medals; and


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Whereas, Commander Culbertson served six months in the Gulf of Tonkin and aboard the USS Fox; and

Whereas, his military experience is superior, receiving training as an S-4 Phantom Pilot, serving as a weapons and tactics instructor, and logging over three thousand seven hundred hours flying time in thirty-five different types of aircraft and three hundred fifty carrier landings; and

Whereas, Commander Culbertson became a NASA Astronaut in June 1985 and qualified for assignments as a pilot on future space shuttle flight cruises; and

Whereas, he has served as a launch support team member for four shuttle flights; and

Whereas, following the tragic loss of the space shuttle Challenger he assisted with investigations conducted by NASA, presidential commissions, and the Congress; and

Whereas, Commander Culbertson was a pilot on the crew for the STS-38 aboard the space shuttle Atlantis which was launched on July 14, 1990; and

Whereas, in order to recognize Commander Culbertson's many accomplishments and contributions to the field of space aviation, the members of the General Assembly believe it would be fitting to name a section of South Carolina's highway system after Frank L. Culbertson, Jr. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name the interchange at Interstate Highway 95 and Interstate Highway 26 in Orangeburg County as the Frank L. Culbertson, Jr. Interchange and that the Department of Transportation is instructed to erect the appropriate markers.

Be it further resolved that a copy of this resolution be forwarded to Commander Culbertson.

The Concurrent Resolution was adopted and ordered returned to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1400 -- Senator Mitchell: A CONCURRENT RESOLUTION TO RECOGNIZE GREENVILLE TRANSIT AUTHORITY AS THE


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"OUTSTANDING PUBLIC TRANSIT SYSTEM" IN THE STATE OF SOUTH CAROLINA FOR 1994.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 5191 -- Rep. T. C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-615 SO AS TO PROVIDE FOR THE OPTION OF ANNUAL REGISTRATION AND LICENSING OF MOTOR VEHICLES.

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, H.        Carnell
Cato             Chamblee         Cobb-Hunter
Cooper           Davenport        Delleney
Fair             Gamble           Gonzales
Graham           Hallman          Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harwell          Haskins
Hines            Hodges           Holt
Houck            Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
McAbee           McCraw           McKay
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rogers

Printed Page 5537 . . . . . Wednesday, May 4, 1994

Rudnick          Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Stille
Stoddard         Stone            Stuart
Sturkie          Thomas           Trotter
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 Wednesday, May 4. James L.M. Cromer, Jr. Ronald C. Fulmer Roland S. Corning John L. Scott, Jr. Becky Meacham Larry L. Elliott Ronald P. Townsend Ralph W. Canty Joe E. Brown Alma W. Byrd E.B. McLeod, Jr. Molly M. Spearman H. Howell Clyborne, Jr. Jerry N. Govan, Jr. C. Alex Harvin, III Joseph T. McElveen, Jr. John G. Felder James G. Mattos Grady A. Brown

Total Present--122

LEAVE OF ABSENCE

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

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, May 3.

James G. Mattos

C. Alex Harvin, III

Larry L. Koon


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DOCTOR OF THE DAY

Announcement was made that Dr. Ted Watson of Greenville is the Doctor of the Day for the General Assembly.

S. 1348--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 5, which was adopted.

S. 1348 -- Senator Gregory: A BILL TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION FOR LANCASTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR LANCASTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE LANCASTER COUNTY ELECTION COMMISSION AND THE LANCASTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4634 -- Reps. Cromer, Tucker, Baxley, Gonzales, Stoddard, Inabinett, Kennedy, Wells, Allison, Hallman, Townsend, Hodges, H. Brown, Corning, Lanford, Law, Govan, Stone, G. Brown, G. Bailey, Meacham, D. Wilder, Witherspoon, McKay, Simrill, McCraw, Walker, Robinson, Riser, Kelley, Vaughn, Shissias, Stuart, R. Smith, Stille, Littlejohn, Chamblee, Houck, Harrison, Farr, Gamble, Fulmer, Haskins, Davenport, Williams, Cato, Neilson, J. Wilder, Marchbanks, Spearman, Harvin, Richardson and Thomas: A BILL TO AMEND SECTION 17-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL AUTHORITIES ALLOWING ABLE-BODIED CONVICTS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO EXEMPT CERTAIN CONVICTS; TO AMEND SECTION 24-3-35,


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RELATING TO USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO REQUIRE THE USE OF PRISONERS INSTEAD OF THE PERMISSIVE USE OF PRISONERS; TO AMEND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, AND 24-7-50, RELATING TO COUNTY AND MUNICIPAL CHAIN GANGS, SO AS TO MANDATE THE USE OF ABLE-BODIED PRISONERS LOCATED IN COUNTY AND MUNICIPAL CORRECTIONAL FACILITIES ON WORK GANGS ON PUBLIC WORKS.

RECORD FOR VOTING

Please note for the record that I voted NO on 3rd Reading H. 4634.

Rep. LUCILLE S. WHIPPER

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.

H. 5076 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO EXAMINATION AND RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1750, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 1320 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


| Printed Page 5520, May 3 | Printed Page 5540, May 4 |

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