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 5750, May 10 | Printed Page 5770, May 10 |

Printed Page 5760 . . . . . Tuesday, May 10, 1994

S. 497--OBJECTION WITHDRAWN

Rep. TUCKER withdrew his objection to the following Bill.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

H. 4313--OBJECTION WITHDRAWN

Rep. TUCKER withdrew his objection to the following Bill.

H. 4313 -- Reps. Baxley, Haskins and Rudnick: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AWARDS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR APPEALS TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE CLAIMANT RESIDES AND PROVIDE FOR TRANSFER OF ACTIONS TO THE APPROPRIATE VENUE.

H. 4313--OBJECTIONS

Rep. HODGES withdrew his objection to the following Bill whereupon objections were raised by Reps. BEATTY, DAVENPORT, D. SMITH, ROBINSON, ANDERSON, KLAUBER and KOON.

H. 4313 -- Reps. Baxley, Haskins and Rudnick: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AWARDS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR APPEALS TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE CLAIMANT RESIDES AND PROVIDE FOR TRANSFER OF ACTIONS TO THE APPROPRIATE VENUE.


Printed Page 5761 . . . . . Tuesday, May 10, 1994

S. 497--OBJECTIONS

Rep. DELLENEY withdrew his objection to the following Bill whereupon objections were raised by Reps. BEATTY, SIMRILL, D. SMITH, WELLS and LANFORD.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

H. 4706--OBJECTION WITHDRAWN

Rep. CROMER withdrew his objection to H. 4706 however, other objections remained upon the Bill.

S. 497--OBJECTION WITHDRAWN

Rep. HARRELSON withdrew his objection to S. 497 however, other objections remained upon the Bill.

H. 3524--OBJECTIONS

Rep. HARWELL withdrew his objection to the following Bill whereupon objections were raised by Reps. BEATTY and D. SMITH.

H. 3524 -- Reps. Sharpe, M.O. Alexander, T.C. Alexander, G. Bailey, Cato, Davenport, Chamblee, Fulmer, Jaskwhich, Carnell, Kennedy, Lanford, Littlejohn, Riser, R. Smith, Townsend, Vaughn, Wells, Wilkins, Wofford, A. Young, Wright, R. Young, Harrison, J. Wilder, Stuart, Gamble, D. Wilder, Witherspoon, Simrill, Richardson, Waites, Law, Keegan, Shissias, Quinn, Allison, Walker, H. Brown, Robinson, Elliott, Koon, McAbee, Stone, J. Harris and Corning: A BILL TO AMEND SECTION 42-9-260, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EMPLOYER'S NOTICE TO


Printed Page 5762 . . . . . Tuesday, May 10, 1994

THE WORKERS' COMPENSATION COMMISSION WHEN PAYMENTS OF COMPENSATION HAVE BEGUN AND SUSPENSION OR TERMINATION OF PAYMENTS, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE, AMONG OTHER THINGS, THAT WHEN AN EMPLOYEE HAS BEEN OUT OF WORK DUE TO A REPORTED WORK RELATED INJURY OR OCCUPATIONAL DISEASE FOR EIGHT DAYS, AN EMPLOYER MAY START TEMPORARY TOTAL DISABILITY PAYMENTS IMMEDIATELY AND MAY CONTINUE THE PAYMENTS FOR UP TO ONE HUNDRED TWENTY DAYS WITHOUT WAIVER OF ANY GROUNDS FOR DENIAL OF A CLAIM AS MAY APPEAR FOLLOWING A GOOD FAITH INVESTIGATION AND THAT THE PENALTY FOR FAILURE TO COMPLY WITH THIS SECTION IS PERMISSIBLE RATHER THAN MANDATORY.

H. 3290--OBJECTION WITHDRAWN

Rep. JENNINGS withdrew his objection to H. 3290 however, other objections remained upon the Bill.

H. 3290--OBJECTION WITHDRAWN

Rep. SPEARMAN withdrew her objection to H. 3290 however, other objections remained upon the Bill.

S. 896--MOTION TO RECONSIDER TABLED

The motion of Rep. FARR to reconsider the vote whereby the following Joint Resolution was given a third reading was taken up.

S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

Rep. KIRSH moved to table the motion to reconsider, which was agreed to.

OBJECTION TO RECALL

Rep. BEATTY asked unanimous consent to recall H. 4349 from the Committee on Judiciary.

Rep. HODGES objected.


Printed Page 5763 . . . . . Tuesday, May 10, 1994

OBJECTION TO RECALL

Rep. J. WILDER asked unanimous consent to recall H. 5017 from the Committee on Judiciary.

Rep. BEATTY objected.

OBJECTION TO RECALL

Rep. J. BROWN asked unanimous consent to recall H. 4533 from the Committee on Judiciary.

Rep. WOFFORD objected.

OBJECTION TO RECALL

Rep. RICHARDSON asked unanimous consent to recall S. 1269 from the Committee on Medical, Military, Public and Municipal Affairs.

Rep. BEATTY objected.

OBJECTION TO RECALL

Rep. KIRSH asked unanimous consent to recall S. 967 from the Committee on Ways and Means.

Rep. A. YOUNG objected.

OBJECTION TO RECALL

Rep. McABEE asked unanimous consent to recall S. 1077 from the Committee on Ways and Means.

Rep. LITTLEJOHN objected.

OBJECTION TO RECALL

Rep. WOFFORD asked unanimous consent to recall H. 4349 from the Committee on Judiciary.

Rep. J. BROWN objected.

OBJECTION TO RECALL

Rep. KELLEY asked unanimous consent to recall S. 849 from the Committee on Education and Public Works.

Rep. LITTLEJOHN objected.

OBJECTION TO RECALL

Rep. HODGES asked unanimous consent to recall H. 4002 from the Committee on Judiciary.

Rep. BEATTY objected.


Printed Page 5764 . . . . . Tuesday, May 10, 1994

H. 4056--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.

Rep. ROGERS was recognized.

Rep. COBB-HUNTER moved to adjourn debate upon the Senate amendment.

Rep. HODGES moved to table the motion.

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:

Yeas 28; Nays 68

Those who voted in the affirmative are:

Alexander, T.C.  Askins           Bailey, J.
Barber           Delleney         Harrelson
Harris, J.       Harwell          Hodges
Holt             Houck            Jennings
Keyserling       Kirsh            Martin
McAbee           McCraw           McElveen
Rogers           Rudnick          Sheheen
Spearman         Stoddard         Tucker
Waites           Wilder, D.       Wilder, J.
Wilkes

Total--28

Those who voted in the negative are:

Allison          Anderson         Baker
Beatty           Boan             Breeland
Brown, H.        Brown, J.        Cato
Chamblee         Clyborne         Cobb-Hunter

Printed Page 5765 . . . . . Tuesday, May 10, 1994

Cooper           Corning          Davenport
Fair             Gamble           Gonzales
Govan            Hallman          Harrell
Harrison         Haskins          Hines
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Kennedy
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
McMahand         Moody-Lawrence   Neal
Neilson          Quinn            Richardson
Riser            Robinson         Scott
Shissias         Simrill          Smith, D.
Smith, R.        Stille           Stone
Stuart           Sturkie          Townsend
Trotter          Vaughn           Waldrop
Walker           Wells            Whipper
White            Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--68

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate.

Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:

Yeas 70; Nays 27

Those who voted in the affirmative are:

Alexander, T.C.  Allison          Anderson
Baker            Beatty           Breeland
Brown, H.        Brown, J.        Byrd
Cato             Chamblee         Clyborne
Cobb-Hunter      Cooper           Corning
Davenport        Fair             Fulmer
Gamble           Gonzales         Govan
Hallman          Harrell          Harrison
Harwell          Haskins          Hines
Hutson           Inabinett        Jaskwhich

Printed Page 5766 . . . . . Tuesday, May 10, 1994

Keegan           Kelley           Kennedy
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
McMahand         Moody-Lawrence   Neal
Quinn            Richardson       Riser
Robinson         Scott            Shissias
Simrill          Smith, D.        Smith, R.
Stille           Stone            Stuart
Sturkie          Trotter          Vaughn
Waldrop          Walker           Wells
Whipper          White            Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, R.

Total--70

Those who voted in the negative are:

Alexander, M.O.  Askins           Bailey, J.
Barber           Boan             Delleney
Harris, J.       Hodges           Holt
Houck            Jennings         Keyserling
Kirsh            Martin           Mattos
McCraw           McElveen         Neilson
Rogers           Rudnick          Spearman
Stoddard         Tucker           Waites
Wilder, D.       Wilder, J.       Wilkes

Total--27

So, the motion to adjourn debate was agreed to.

H. 3935--TABLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3935 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-17-595 SO AS TO PERMIT CLERKS OF COURT TO MAINTAIN ANY PUBLIC RECORD IN A COMPUTER SYSTEM SO LONG AS THERE IS A BACK-UP COPY MAINTAINED; TO AMEND SECTION


Printed Page 5767 . . . . . Tuesday, May 10, 1994

14-23-1100, RELATING TO DUTIES OF CLERKS OF COURT, SECTION 14-23-1130, AS AMENDED, RELATING TO RECORDS OF PROBATE COURT, AND SECTION 16-3-25, RELATING TO REPORTS OF THE SUPREME COURT IN DEATH PENALTY CASES, SO AS TO REVISE THESE SECTIONS SO THAT ALL SUCH RECORDS MAY BE MAINTAINED, DUTIES CARRIED OUT, AND FORMS SET UP IN A STANDARD FORMAT TO FACILITATE THE USE OF A COMPUTER SYSTEM OR RELATED EQUIPMENT.

Rep. HOLT moved to table the Bill, and demanded the yeas and nays, which were taken resulting as follows:

Yeas 62; Nays 37

Those who voted in the affirmative are:

Allison          Anderson         Baker
Beatty           Breeland         Brown, H.
Brown, J.        Byrd             Cato
Clyborne         Cobb-Hunter      Cooper
Corning          Davenport        Fair
Gamble           Gonzales         Govan
Hallman          Harrell          Harrison
Haskins          Hines            Hodges
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Kennedy
Klauber          Koon             Law
Littlejohn       Marchbanks       Martin
McMahand         Neal             Quinn
Richardson       Riser            Robinson
Scott            Shissias         Simrill
Smith, D.        Smith, R.        Stone
Stuart           Sturkie          Trotter
Vaughn           Walker           Wells
Whipper          White            Wilkins
Williams         Witherspoon      Wofford
Wright           Young, A.

Total--62

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, G.       Bailey, J.       Barber

Printed Page 5768 . . . . . Tuesday, May 10, 1994

Boan             Chamblee         Cromer
Delleney         Harrelson        Harris, J.
Holt             Houck            Jennings
Keyserling       Kirsh            Lanford
Mattos           McAbee           McCraw
McElveen         Moody-Lawrence   Neilson
Rogers           Rudnick          Sheheen
Spearman         Stille           Stoddard
Townsend         Tucker           Waites
Waldrop          Wilder, D.       Wilder, J.
Wilkes

Total--37

So, the Bill was tabled.

H. 3607--TABLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3607 -- Rep. Hodges: A BILL TO AMEND SECTION 23-24-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF UNIFORMS AND WEAPONS BY UNIFORMED LAW ENFORCEMENT OFFICERS, SO AS TO EXTEND THE AUTHORIZATIONS IN THE SECTION TO RESERVE POLICE OFFICERS, AS DEFINED IN SECTION 23-28-10.

Rep. HASKINS moved to continue the Bill.

POINT OF ORDER

Rep. TUCKER raised the Point of Order that under Rule 8.1 that the motion shall be condensed in writing and turned in at the desk and read before it shall be debated.

The SPEAKER sustained the Point of Order.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Rule 8.1 shall not apply since the motion to continue is not debatable. He further stated that it stated that no motion shall be debated.

The SPEAKER inquired that if that were true then what motion would be debatable under Rule 8.11.


Printed Page 5769 . . . . . Tuesday, May 10, 1994

Rep. HASKINS stated that several motions were debatable and should be ruled by Rule 8.1. He further stated that to say that a motion shall not be debated until it was received in writing, then it could not apply to a motion that is not debatable.

The SPEAKER stated, after checking precedence, that the Chair would entertain the motion to continue and he sustained the Point of Order.

The question then recurred to the motion to continue the Bill.

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:

Yeas 26; Nays 73

Those who voted in the affirmative are:

Allison          Beatty           Breeland
Byrd             Cobb-Hunter      Cooper
Davenport        Fair             Fulmer
Harrison         Inabinett        Lanford
Littlejohn       McMahand         Moody-Lawrence
Neal             Scott            Smith, D.
Stille           Stone            Walker
Wells            Whipper          Williams
Young, A.        Young, R.

Total--26

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, G.       Bailey, J.       Baker
Barber           Baxley           Boan
Brown, H.        Cato             Chamblee
Clyborne         Corning          Cromer
Delleney         Gamble           Gonzales
Govan            Hallman          Harrell
Harrelson        Harris, J.       Harwell
Haskins          Hodges           Holt
Houck            Huff             Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kirsh
Klauber          Koon             Law
Marchbanks       Martin           Mattos

Printed Page 5770 . . . . . Tuesday, May 10, 1994

McAbee           McCraw           McElveen
Neilson          Quinn            Richardson
Riser            Robinson         Rogers
Rudnick          Sharpe           Sheheen
Shissias         Simrill          Smith, R.
Spearman         Stoddard         Stuart
Sturkie          Trotter          Tucker
Vaughn           Waites           Waldrop
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Witherspoon      Wofford
Wright

Total--73

So, the House refused to continue the Bill.


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