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 5680 . . . . . Tuesday, May 10, 1994

Whereas, Mr. Harvin received distinguished service awards from the South Carolina Farm Bureau and the South Carolina Mental Health Association, was awarded the Silver Beaver by the Pee Dee Boy Scout Council, and received The Order of the Palmetto in 1979; and

Whereas, he was named Director Emeritus of the South Carolina Trucking Association and served for more than fifty years on its state board of directors, was named Vice Chairman Emeritus of the South Carolina Mental Health Commission, was a former member of the Electoral College for the president and vice president, was a special guest of President Carter at his inauguration, and was chairman or an officer of numerous professional and service organizations; and

Whereas, Mr. Harvin was the Founder of the Clarendon Country Club, a Mason and Shriner, a member of Summerton Masonic Lodge 105, Santee Shrine Club and the Omar Temple, and a member of Summerton Presbyterian Church, where he served as a deacon and church treasurer for forty years; and

Whereas, surviving are his wife, Thomasine Graham Harvin; a son, Charles Alexander Harvin, III, of Summerton; a daughter, Thomasine Rogas of Santa Monica, California, a sister, Marie McDuffie of Forest City, North Carolina; and three grandchildren; and

Whereas, the members of the General Assembly are proud to recognize this outstanding South Carolinian and to serve with his son. Now, therefore,

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

That the members of the General Assembly express their deepest sympathy to the family and many friends and admirers of Charles Alexander Harvin, Jr., of Summerton who died Sunday, May 8, 1994, and offer prayers to our friend and colleague, Charles Alexander Harvin, III.

Be it further resolved that a copy of this resolution be forwarded to the Harvin family.

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

INTRODUCTION OF BILLS

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

H. 5205 -- Reps. Tucker and Chamblee: A BILL TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY,


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SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.

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

S. 1284 -- Senator Hayes: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.

Referred to Committee on Ways and Means.

S. 1288 -- Senator McConnell: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT SEPARATION FOR PURPOSES OF WHEN A HUSBAND AND WIFE HAVE LIVED SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MAY MEAN VOLUNTARY OR INVOLUNTARY SEPARATION.

Referred to Committee on Judiciary.


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REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 5182 -- Rep. Anderson: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE REVEREND JOSEPH D. MATHIS OF GREENVILLE COUNTY ON WEDNESDAY, MAY 18, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED FOR HIS EXEMPLARY LIFETIME OF SERVICE TO OTHERS AND BEING PRESENTED A CONCURRENT RESOLUTION TO THIS EFFECT.

H. 5182--ADOPTED

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

H. 5182 -- Rep. Anderson: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE REVEREND JOSEPH D. MATHIS OF GREENVILLE COUNTY ON WEDNESDAY, MAY 18, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED FOR HIS EXEMPLARY LIFETIME OF SERVICE TO OTHERS AND BEING PRESENTED A CONCURRENT RESOLUTION TO THIS EFFECT.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Reverend Joseph D. Mathis of Greenville County, at a time to be determined by the Speaker, on Wednesday, May 18, 1994, for the purpose of being recognized and honored for his exemplary lifetime of service to others and being presented a concurrent resolution to this effect.

Rep. McTEER explained the House Resolution.

The Resolution was adopted.

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, with amendments, on:

H. 5138 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM TO USE THE HOUSE AND SENATE


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CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON FRIDAY, MARCH 17, 1995, SO AS TO CONDUCT A YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

H. 5138--AMENDED, ADOPTED AND SENT TO THE SENATE

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

H. 5138 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON FRIDAY, MARCH 17, 1995, SO AS TO CONDUCT A YOUTH IN GOVERNMENT MIDDLE SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

Amend Title To Conform

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

That the YMCA Youth in Government middle school program is authorized to use the facilities of the House and Senate, as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, on Friday, March 17, 1995, from 8:30 A.M. until 5:30 P.M. on that day, to conduct a Youth in Government middle school program, if the House of Representatives and the Senate are not in statewide session on that day.

Be it further resolved that House, Senate, and State House security provide assistance and access as necessary for this meeting in accordance with applicable procedures and rules.

Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9220JM.94), which was adopted.

Amend the resolution, as and if amended, by striking the first paragraph immediately following the resolving words, beginning on line 25, page 1, and ending on line 37, page 1, and inserting:


Printed Page 5684 . . . . . Tuesday, May 10, 1994

/That the YMCA Youth in Government middle school program is authorized to use the facilities of the House and Senate, as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, on Friday, March 17, 1995, from 8:30 A.M. until 5:30 P.M. on that day, to conduct a Youth in Government middle school program, if the House of Representatives and the Senate are not in statewide session on that day./

Amend title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, with amendments, on:

H. 5139 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 1, 1994, AND FRIDAY, DECEMBER 2, 1994, SO AS TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

H. 5139--AMENDED, ADOPTED AND SENT TO THE SENATE

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

H. 5139 -- Rep. Fair: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE STATE HOUSE AND THE COMMITTEE HEARING ROOMS IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 1, 1994, AND FRIDAY,


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DECEMBER 2, 1994, SO AS TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, PROVIDE FOR THE USE OF TEMPORARY HOUSE AND SENATE CHAMBERS, AND PROVIDE FOR ASSISTANCE BY HOUSE, SENATE, AND STATE HOUSE SECURITY.

Amend Title To Conform

Whereas, the YMCA Youth in Government high school program of South Carolina is designed to provide first-hand experience in the state legislature and governmental matters for high school students; and

Whereas, students participating in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the YMCA's Youth in Government high school program is to encourage the state's high school students to develop enthusiasm and appreciation for governmental and community matters. Now, therefore,

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

That the YMCA Youth in Government high school program is authorized to use the facilities of the House and Senate, as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, on Thursday, December 1, 1994, and Friday, December 2, 1994, from 8:30 A.M. until 5:30 P.M. on both days, to conduct a Youth in Government high school program, if the House of Representatives and the Senate are not in statewide session on those days.

Be it further resolved that House, Senate, and State House security provide assistance and access as necessary for this meeting in accordance with applicable procedures and rules.

Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9221JM.94), which was adopted.

Amend the resolution, as and if amended, by striking the first paragraph immediately following the resolving words beginning on line 38, page 1, and ending on line 9 on page 2, and inserting:

/That the YMCA Youth in Government high school program is authorized to use the facilities of the House and Senate, as designated by the President Pro Tempore of the Senate and the Speaker of the House of Representatives, on Thursday, December 1, 1994, and Friday, December 2, 1994, from 8:30 A.M. until 5:30 P.M. on both days, to conduct a Youth in Government high school program, if the House of Representatives and the Senate are not in statewide session on those days.

Amend title to conform.


Printed Page 5686 . . . . . Tuesday, May 10, 1994

Rep. McTEER explained the amendment.

The amendment was then adopted.

The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 4912 -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP AND METHOD OF APPOINTMENT, POWERS AND DUTIES, AND ITS TERMINATION.

H. 4912--ORDERED TO THIRD READING

On motion to Rep. McTEER, with unanimous consent, the following Joint Resolution was taken up for immediate consideration.

H. 4912 -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP AND METHOD OF APPOINTMENT, POWERS AND DUTIES, AND ITS TERMINATION.

Whereas, one-third of all female homicides result from an attack by a husband or boyfriend, and a married woman is six times more likely to be attacked by her husband than by a stranger; and

Whereas, according to the State Law Enforcement Division, thirty and one-half percent of the 73,931 assaults reported in 1992 in South Carolina involved domestic assaults; and

Whereas, in 1992, spouse abuse constituted fifty-seven and one-tenth percent of the domestic assaults reported in South Carolina; and

Whereas, domestic assaults against women result in more injuries requiring medical treatment than muggings, rapes, and car accidents combined; and

Whereas, in 1992, 33,064 children were involved in newly reported cases of physical abuse, sexual abuse, neglect, mental injury, or threat of harm and in thirty percent of these cases, the Department of Social Services substantiated that the abuse or neglect occurred; and


Printed Page 5687 . . . . . Tuesday, May 10, 1994

Whereas, domestic and family violence is considered by law enforcement officials to present one of the most clear and present dangers for officers and deputies responding to a call. Now, therefore,

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. (A) There is created an advisory committee on family violence to the Joint Legislative Committee on Children and Families. The seven member advisory committee is made up of the following membership:

(1) one representative from the South Carolina Coalition Against Domestic Violence and Sexual Assault;

(2) a family court judge;

(3) a magistrate;

(4) a representative from law enforcement;

(5) a representative from the University of South Carolina's Center on Family and Society;

(6) a representative from the field of public health; and

(7) a representative from a batterer's program.

(B) The chairman of the Joint Legislative Committee on Children and Families shall appoint the membership of the advisory committee. Organizations specified as members of the advisory committee may submit a list of nominees from their respective organizations from which the chairman may select an appointee.

(C) At its first meeting, the advisory committee shall elect a chairman from among its members.

(D) Vacancies occurring on the advisory committee must be filled in the same manner as the original appointment.

SECTION 2. The advisory committee shall:

(1) examine and study the problem of family violence in this State;

(2) develop a long-term plan for comprehensive intervention services in this State by January 1, 1995;

(3) recommend statutory changes to improve and strengthen the state's statutes on family and domestic violence;

(4) recommend programs and policies as it considers appropriate to address and eliminate the problems associated with family violence;

(5) conduct surveys and research as may be necessary.

SECTION 3. (A) The advisory committee may procure information and assistance from an officer or agency of the State or a subdivision. All officers and agencies shall give the advisory committee all relevant information and reasonable assistance on matters of research within their knowledge and control.


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(B) The expenses, resources, and staffing of the advisory committee must be shared by the membership of the advisory committee and there may be no new appropriated state funds for use by the advisory committee.

(C) The members of the advisory committee shall serve without compensation, per diem, subsistence, or mileage reimbursement.

(D) The advisory committee shall formally report its findings and recommendations to the Joint Legislative Committee on Children and Families at least once during the legislative session at a full meeting of the joint committee.

(E) The advisory committee terminates July 1, 1997, unless the General Assembly by joint resolution continues the advisory committee for a specified period of time.

SECTION 4. This joint resolution takes effect upon approval by the Governor.

Rep. McTEER explained the Joint Resolution.

The Joint Resolution was read the second time and ordered to third reading.

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
Beatty           Boan             Breeland
Brown, H.        Brown, J.        Byrd
Carnell          Cato             Chamblee
Clyborne         Cobb-Hunter      Cooper
Corning          Cromer           Davenport
Elliott          Fair             Farr
Felder           Fulmer           Gamble
Gonzales         Hallman          Harrelson
Harris, J.       Harris, P.       Harrison
Harwell          Haskins          Hines
Hodges           Holt             Huff
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Kennedy
Keyserling       Kirsh            Klauber
Koon             Lanford          Law

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Littlejohn       Marchbanks       Martin
Mattos           McAbee           McCraw
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Richardson       Riser
Robinson         Rogers           Scott
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stone
Stuart           Sturkie          Townsend
Tucker           Vaughn           Waites
Waldrop          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, May 10. J. Michael Baxley F.G. "Greg" Delleney, Jr. Teddy N. Trotter Charles R. Sharpe Irene K. Rudnick Robert W. Harrell, Jr. William S. Houck, Jr. Jerry N. Govan, Jr. E.B. McLeod, Jr. Douglas Jennings, Jr. Lindsey O. Graham Eugene C. Stoddard Joseph T. McElveen, Jr. Robert E. Walker Grady A. Brown

Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. HARVIN a leave of absence for the day due to the death of his father.

The SPEAKER granted Rep. THOMAS a leave of absence to attend a funeral.

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


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