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 5790, May 10 | Printed Page 5810, May 10 |

Printed Page 5800 . . . . . Tuesday, May 10, 1994

H. 4070--DEBATE ADJOURNED

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

H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.

Rep. WILKINS moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4691--DEBATE ADJOURNED

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

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

Rep. BOAN moved to adjourn debate upon the Senate amendments until Wednesday, May 11, which was adopted.

H. 4377--DEBATE ADJOURNED

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

H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.

Rep. KIRSH moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.


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H. 4794--DEBATE ADJOURNED

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

H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.

Rep. KENNEDY moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4811--DEBATE ADJOURNED

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


Printed Page 5802 . . . . . Tuesday, May 10, 1994

H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.

Rep. G. BAILEY moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4681--DEBATE ADJOURNED

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

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE


Printed Page 5803 . . . . . Tuesday, May 10, 1994

RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.

Rep. STURKIE moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

S. 914--DEBATE ADJOURNED

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

S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.

Rep. GONZALES moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4928--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4928 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY S-17-45 AS "LESTER JACKSON HIGHWAY".

Be it resolved by the House of Representatives, the Senate concurring:
That pursuant to Article V of the Constitution of the United States, the General Assembly of the State of South Carolina memorializes the


Printed Page 5804 . . . . . Tuesday, May 10, 1994

Congress of the United States of America, at its session, to call a convention for the purpose of proposing an amendment to the Constitution of the United States to prohibit the federal government from reducing the federally financed proportion of the necessary costs of any existing activity or service required of the states by federal law or from requiring a new activity or service or an increase in the level of an activity or service beyond that required of the states by existing federal law unless the federal government pays for any necessary increased costs.

Be it resolved that copies of this resolution be forwarded to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of this State's delegation to the Congress.

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

H. 4930--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4930 -- Reps. Davenport, Wilkes, Witherspoon, Harrelson, Stone, G. Brown, Hallman, Spearman, T.C. Alexander, Corning, McKay, Riser, Thomas, Kelley, Stille, Walker, R. Smith, Baker, Wofford, Littlejohn, Gamble, Cato, Robinson, Kirsh, Graham, Waites, Anderson and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE FEDERAL GOVERNMENT FROM INCREASING COSTS OF THE STATES BY REDUCING THE PROPORTION OF FEDERAL FUNDS TO THE STATES OR REQUIRING NEW OR INCREASED COSTS FOR MANDATED ACTIVITIES OR SERVICES WITHOUT FUNDING.

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

That pursuant to Article V of the Constitution of the United States, the General Assembly of the State of South Carolina memorializes the Congress of the United States of America, at its session, to call a convention for the purpose of proposing an amendment to the Constitution of the United States to prohibit the federal government from reducing the federally financed proportion of the necessary costs of any existing activity or service required of the states by federal law or from requiring a new activity or service or an increase in the level of an activity or service beyond that required of the states by existing federal law unless the federal government pays for any necessary increased costs.


Printed Page 5805 . . . . . Tuesday, May 10, 1994

Be it resolved that copies of this resolution be forwarded to the President of the United States Senate, to the Speaker of the United States House of Representatives, and to each member of this State's delegation to the Congress.

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

H. 4964--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4964 -- Reps. Davenport, Wilkes, Townsend, G. Brown, Stille, Moody-Lawrence, Inabinett, Harvin, Richardson, Lanford, Corning, Simrill, Haskins, Allison, D. Wilder, McElveen, Neal, Beatty, Stuart, Klauber, Law, Witherspoon, Baxley, Delleney, Canty, J. Bailey, McTeer and Riser: A CONCURRENT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO COMPILE A LIST OF STATE AND LOCAL REGULATIONS IMPOSED ON SCHOOLS WHICH IT CONSIDERS AS UNNECESSARILY BURDENSOME, AND TO PROVIDE THAT THE FINDINGS OF THE DEPARTMENT SHALL BE REPORTED TO THE GENERAL ASSEMBLY BY JANUARY 1, 1995, AND MUST INCLUDE RECOMMENDATIONS TO ELIMINATE OUT-DATED, DUPLICATIVE, OR UNNECESSARY REGULATIONS IMPOSED ON SCHOOLS.

Whereas, it is clear that public education in South Carolina must comply with substantial amounts of paperwork as a result of local and state regulations imposed on the schools; and

Whereas, the members of the General Assembly believe that to reduce or eliminate unnecessary paperwork and regulations would allow classroom teachers and administrators to focus more on classroom teaching and learning. Now, therefore,

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

That the members of the General Assembly direct the State Department of Education to compile a list of state and local regulations imposed on schools which it considers as unnecessarily burdensome. The findings of the department shall be reported to the General Assembly by January 1, 1995, and must include recommendations to eliminate out-dated, duplicative, or unnecessary regulations imposed on schools.

Be it further resolved that a copy of this resolution be forwarded to the State Department of Education.

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


Printed Page 5806 . . . . . Tuesday, May 10, 1994

S. 1281--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1281 -- Senator Martin: A CONCURRENT RESOLUTION URGING THE CITIZENS STAMP ADVISORY COMMITTEE TO HONOR THE LATE HENRY MARTYN ROBERT, ORIGINAL AUTHOR OF "ROBERT'S RULES OF ORDER".

Whereas, Mr. Henry Martyn Robert died in 1923 in Owego, New York, and was buried with full military honors in Arlington Cemetery; and

Whereas, Mr. Robert was born in Robertsville, South Carolina on May 2, 1837; and

Whereas, at the age of 32, Mr. Robert wrote the first Parliamentary Procedure Rules for conducting business in church meetings and other deliberative assemblies; and

Whereas, Mr. Robert's procedures filled a need for societies and assemblies to free themselves from confusion and dispute over rules
governing the use of the different motions of parliamentary law; and

Whereas, he personally paid for the publication of his first four thousand copies through conducting a promotion campaign sending questionnaires to legal authorities, colleges, presidents of church groups, and fraternal organizations, thus producing an overwhelming response to his orderly procedures; and

Whereas, Henry Martyn Robert stressed the principles reflecting that the majority must rule, the minority must be heard, the rights of the individual must be guaranteed, and justice and courtesy must prevail; and

Whereas, Mr. Robert retired from the United States Army on his birthday, as a Brigadier General and spent the rest of life dedicated to writing new rules and revising old ones to meet the needs of a growing democratic society; and

Whereas, Mr. Robert has touched lives in the nation, as well as other countries, who utilize the rules he created to preside and conduct business in a democratic and orderly manner; and

Whereas, the creation of "Robert's Rules of Order" is the most popularly adopted parliamentary authority in the world, even though the outstanding author has been departed from us for more than seventy years; and

Whereas, Mr. Henry Martyn Robert is considered a world legend in parliamentary procedure, and is it obvious that his work will continue to affect the lives of many. Now, therefore,

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


Printed Page 5807 . . . . . Tuesday, May 10, 1994

That the members of the General Assembly hereby encourage the Citizen Stamp Committee of the United States Postal Department to memorialize Mr. Henry Martyn Robert through establishing a commemorative stamp in his honor due to his outstanding contributions to parliamentary procedure.

Be it further resolved that a copy of this resolution be forwarded to the Citizens Stamp Advisory Committee.

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

H. 5036--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5036 -- Reps. Gonzales, Cromer, A. Young, Hallman, Harwell, Quinn, R. Young, Holt, Fulmer, Richardson, Harrison, McKay, Wright, G. Bailey, Kelley, Koon, Stille, Witherspoon, Corning, Barber, Thomas, McCraw, Riser, McTeer, R. Smith, Lanford, Fair, Kirsh, G. Brown, Vaughn, Robinson, Haskins, Gamble, Jaskwhich, Wells, Meacham, Baker, Trotter, Moody-Lawrence, Littlejohn, Allison, Farr, Stoddard, Davenport, Stuart, Stone, Spearman, Wofford, Neilson, Clyborne and Harrelson: A CONCURRENT RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE IMPOSITION OF RETROACTIVE TAXES.

Whereas, retroactive taxation is unfair to all taxpayers as it imposes tax consequences on previous transactions which cannot be altered and it unfairly burdens individuals by removing their ability to anticipate their tax liabilities and plan financially; and

Whereas, the imposition of retroactive taxes impairs the ability of employees and their employers both private and public to withhold sufficient funds to meet their tax obligations and creates an undue hardship on all elements of the national economy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, hereby urge the Congress of the United States to propose an amendment to the United States Constitution to prohibit the imposition of retroactive taxes.

Be it further resolved that a copy of this resolution be forwarded to the Secretary of the United States Senate, the Clerk of the United States


Printed Page 5808 . . . . . Tuesday, May 10, 1994

House of Representatives, and each member of the South Carolina Congressional Delegation.

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

H. 4758--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 4758 -- Rep. Fulmer: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE I-526 BETWEEN GENERAL WESTMORELAND BRIDGE AT THE ASHLEY RIVER AND U.S. HIGHWAY 17 THE THEODORE TOBIAS MAPPUS, JR., EXCHANGE.

Whereas, Theodore Tobias Mappus, Jr., of Charleston was born in Charleston on July 20, 1926, to Theodore T., Sr., and Elsie Buck Mappus; and

Whereas, Representative Mappus attended Newberry College, the College of Charleston, and graduated from Duke University; and

Whereas, Representative Mappus served in the armed forces and is very active in his community; and

Whereas, he was elected and served in the House of Representatives for the South Carolina General Assembly from 1987 through 1990; and

Whereas, it is entirely fitting that the portion of Interstate I-526 between General Westmoreland Bridge at the Ashley River and U.S. Highway 17 be named Theodore Tobias Mappus, Jr., Exchange in honor of this outstanding man and that an appropriate marker be placed on the highway reflecting this designation. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name that portion of Interstate I-526 between General Westmoreland Bridge at the Ashley River and U.S. Highway 17 the Theodore Tobias Mappus, Jr., Exchange, and place appropriate markers or signs on the highway.

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and Representative Mappus.

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


Printed Page 5809 . . . . . Tuesday, May 10, 1994

H. 4932--DEBATE ADJOURNED

The following Concurrent Resolution was taken up.

H. 4932 -- Reps. Jaskwhich, Phillips, Allison, Farr, Wright, Keegan, Kelley, Stille, Littlejohn, Byrd, Anderson, McMahand and Stuart: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF MANDATORY FULL-DAY PUBLIC KINDERGARTENS IN SOUTH CAROLINA, TO PROVIDE THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE APPOINTED BY THE STATE DEPARTMENT OF EDUCATION AND SHALL INCLUDE REPRESENTATIVES OF CERTAIN PUBLIC AND PRIVATE AGENCIES AND ENTITIES, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE RESPECTIVE EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY BY MARCH 1, 1995.

Rep. COBB-HUNTER moved to adjourn debate upon the Concurrent Resolution, which was adopted.

H. 5112--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

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.

Whereas, it has come to the attention of the members of the General Assembly that S.1114, presently pending before the United States Senate, attempts to change the allocation system for State Revolving Fund capitalization grants; and

Whereas, these allocations, as proposed, will significantly and adversely affect the State's ongoing efforts to remediate water quality issues facing many states; and

Whereas, it will be necessary to modify long range plans which were developed based on a presumption of funding levels consistent with the present allocation formula. Now, therefore,

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

That the members of the General Assembly urge the members of Congress to consider maintaining the current allocation system, and to oppose enacting legislation such as S.1114, which would impose a


Printed Page 5810 . . . . . Tuesday, May 10, 1994

hardship on South Carolina and provide unexpected windfalls to other states.


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