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 7920, June 1 | Printed Page 7940, June 2 |

Printed Page 7930 . . . . . Thursday, June 2, 1994

HOUSE RESOLUTION

The following was introduced:

H. 5296 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, 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, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING THE EMPLOYEES OF THE LEGISLATIVE COUNCIL FOR THEIR DEDICATED HARD WORK DURING THE 1994 SESSION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5297 -- Reps. Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, 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, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith,


Printed Page 7931 . . . . . Thursday, June 2, 1994

Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A HOUSE RESOLUTION COMMENDING AND THANKING ALL OF THE EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, THE TOUR GUIDE STAFF, AND THE STATE HOUSE NURSES FOR THEIR DEDICATED HARD WORK DURING THE 1994 SESSION.

The Resolution was adopted.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5298 -- Rep. McElveen: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA INDEPENDENT SCHOOLS STUDENT ASSOCIATION TO USE THE HOUSE CHAMBER ON TUESDAY, SEPTEMBER 20, 1994, FOR ITS MEETING AND CONFERENCE.

Be it resolved by the House of Representatives:

That the South Carolina Independent Schools Student Association may use the chamber of the House of Representatives on Tuesday, September 20, 1994, for its meeting and conference. If the House is in statewide session, the chamber may not be used.

Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.

Be it further resolved that no expenses may be charged to the South Carolina Independent Schools Student Association for the use of the chamber.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5299 -- Rep. Harrell: A HOUSE RESOLUTION CONGRATULATING ORANGE GROVE ELEMENTARY SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.

The Resolution was adopted.


Printed Page 7932 . . . . . Thursday, June 2, 1994

HOUSE RESOLUTION

The following was introduced:

H. 5300 -- Rep. Harrell: A HOUSE RESOLUTION CONGRATULATING HARBOR VIEW ELEMENTARY SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5301 -- Rep. G. Brown: A HOUSE RESOLUTION TO COMMEND MRS. ELIZABETH D. MILLER FOR HER OUTSTANDING EFFORTS IN SERVING THE STUDENTS OF THE COMMUNITIES OF RAFTING CREEK, REMBERT, AND HORATIO FOR OVER FORTY-FOUR YEARS.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5302 -- Rep. G. Brown: A HOUSE RESOLUTION TO COMMEND MR. CHRIS CAISON, UNION CAMP PLANT MANAGER AND PRESIDENT-ELECT OF THE GREATER SUMTER CHAMBER OF COMMERCE, FOR ALL HE HAS DONE TO IMPROVE THE EDUCATIONAL OPPORTUNITIES OF THE STUDENTS OF SUMTER COUNTY AND ESPECIALLY THE STUDENTS OF HILLCREST HIGH SCHOOL.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5303 -- Reps. Harrell, Fulmer, J. Bailey, Barber, Breeland, Gonzales, Hallman, Holt, Hutson, Inabinett, Whipper and R. Young: A CONCURRENT RESOLUTION CONGRATULATING C. E. WILLIAMS MIDDLE SCHOOL OF CHARLESTON COUNTY ON ITS SELECTION AS A NATIONAL BLUE RIBBON SCHOOL.

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


Printed Page 7933 . . . . . Thursday, June 2, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 5304 -- Reps. Wilkes, Sheheen, Rhoad, P. Harris, McAbee, Carnell, Stoddard, Harrelson, J. Wilder, G. Bailey, M.O. Alexander, Mattos, McKay, Kinon, Holt, H. Brown and Boan: A CONCURRENT RESOLUTION EXPRESSING THE HEARTFELT GOOD WISHES AND SINCERE GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY TO WALTER BOYD BROWN, SR., RESIDENT VICE PRESIDENT OF NORFOLK SOUTHERN RAILWAYS, UPON HIS FORTHCOMING RETIREMENT.

Whereas, the members of the South Carolina General Assembly are indeed saddened to learn of the forthcoming retirement of Walter Boyd Brown, Sr; and

Whereas, Walter Brown exemplifies a person who has always held South Carolina, its people, its problems and its development very close to his heart. For over seven decades he has been involved in that which constitutes government in our State. Throughout his life, Fairfield County and South Carolina have always been first and foremost in his mind; and

Whereas, following his graduation from the University of South Carolina, his career in government began as Director of the Sinking Fund and Director of General Services from 1958-1964. He served three terms (1952-58) as a member of the House of Representatives and was elected Trustee of the Medical University of South Carolina, serving twelve years, and continually since as the first Trustee Emeritus. He is currently Resident Vice President of Norfolk Southern Railways, employed in 1964 to represent Norfolk Southern in South Carolina. Through his efforts, Norfolk Southern is one of the largest investors in the industrial economy of our State. He has received numerous awards for his efforts on behalf of South Carolina and was recognized by Fairfield County for his effort in locating industrial organizations there; and

Whereas, above the formal posts he has held, Walter has offered his sage counsel and great wealth of experience to all those who seek his guidance. He is a man of warmth, wisdom, and humility in all his dealings regardless of a person's station or importance; and

Whereas, Walter has always been noted for preferring to deal with people in a relaxed atmosphere especially when matters have been tenuous or when personalities clashed. He is an inveterate storyteller having a seemingly endless wellspring of anecdotes and entertaining factual accounts of what can only be called, "Government in South Carolina." At the end of a particularly difficult day, it is not unusual to see Walter at the


Printed Page 7934 . . . . . Thursday, June 2, 1994

Capitol Cafe counselling or consoling members of the Public Service Commission, members of the House and Senate, Judges, staff members and many others who traditionally gather there. There is no way to determine how many problems of state government have been resolved during one of his famous fish fries; and

Whereas, Walter is also a devoted son, husband, father, and grandfather and is active in the civic affairs of his home in Winnsboro. He is the son of Mary Tidwell Brown and the late Boyd Brown. He is married to the former Tan Miller of Bennettsville, and has four children; Ann Brown Rogers, Mary Boyd Chaplin, Walter B. Brown, Jr., and R. David Brown. He has twelve grandchildren. Now, therefore,

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

That the members of the General Assembly express the heartfelt good wishes and sincere gratitude to Walter Boyd Brown, Sr., Resident Vice President of Norfolk Southern Railways, upon his forthcoming retirement.

Be it further resolved that a copy of this resolution be presented to Walter Boyd Brown, Sr.

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

H. 5221--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Concurrent Resolution were taken up for consideration:

H. 5221 -- Rep. Wells: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE TO USE THE COMMITTEE AND CONFERENCE ROOMS OF THE GRESSETTE AND BLATT BUILDINGS ON OCTOBER 19 - 22, 1994, FOR ITS ANNUAL MEETING.

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: A BILL TO ENACT THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF


Printed Page 7935 . . . . . Thursday, June 2, 1994

LAWS OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PROVIDE FOR THE CONTINUED FORCE AND EFFECT OF LAWS AMENDED OR REPEALED BY THE UNIFORM INTERSTATE FAMILY SUPPORT ACT FOR CERTAIN PURPOSES; TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH CARE EXPENSES; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO ITS CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE ASSIGNMENT OF THE RIGHT TO SUPPORT INCLUDES THE RIGHT TO HEALTH CARE EXPENSES, THAT RECEIVING MEDICAID IS CONSIDERED TO BE AN ASSIGNMENT OF THE RIGHT TO SUPPORT, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS; TO AMEND SECTION 44-7-320, AS AMENDED,
Printed Page 7936 . . . . . Thursday, June 2, 1994

RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS; TO AMEND THE CODE BY ADDING SECTION 44-63-75 SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON BIRTH CERTIFICATES, MARRIAGE LICENSES, AND MARRIAGE CERTIFICATES; TO AMEND SECTION 44-63-165, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE RELEASED TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY AND A CHILD SUPPORT ORDER AND TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE DEPARTMENT WITHOUT CHARGE; TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL RECEIVE ALL FEDERAL MATCHING FUNDS AVAILABLE FOR THE CHILD SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT TO DEVELOP, IN CONJUNCTION WITH THE DEPARTMENT OF INSURANCE, A PROCEDURE FOR ATTACHING INSURANCE SETTLEMENTS FOR COLLECTING CHILD SUPPORT ARREARAGES; TO REQUIRE THE DEPARTMENT TO COLLABORATE WITH THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO UTILIZE THE COMMISSION BENEFIT INTERCEPT PROGRAM FOR WITHHOLDING CHILD SUPPORT PAYMENTS; TO REQUIRE THE DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT OF REVENUE AND TAXATION TO REVISE THE W-4 FORM TO CONTAIN INFORMATION RELATIVE TO CHILD SUPPORT OBLIGATIONS AND TO DEVELOP RECORD RETENTION PROCEDURES FOR CERTAIN INFORMATION; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.

The Senate amendments were agreed to, and the Bill, 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.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.  Allison          Anderson
Askins           Bailey, J.       Baxley

Printed Page 7937 . . . . . Thursday, June 2, 1994

Beatty           Breeland         Brown, G.
Brown, H.        Byrd             Cato
Chamblee         Cooper           Cromer
Delleney         Fair             Fulmer
Gamble           Gonzales         Govan
Graham           Hallman          Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Haskins          Hines
Hodges           Holt             Houck
Huff             Hutson           Inabinett
Jennings         Keegan           Kelley
Keyserling       Kinon            Kirsh
Klauber          Lanford          Law
Littlejohn       Marchbanks       Martin
McAbee           McCraw           McKay
McMahand         McTeer           Meacham
Moody-Lawrence   Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rogers
Rudnick          Scott            Sharpe
Sheheen          Smith, D.        Smith, R.
Snow             Stille           Stoddard
Stone            Stuart           Sturkie
Thomas           Townsend         Trotter
Tucker           Vaughn           Waites
Waldrop          Walker           Wells
Whipper          White            Wilder, D.
Wilder, J.       Wilkes           Wilkins
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 Thursday, June 2. James G. Mattos Roland S. Corning G. Ralph Davenport, Jr. Marion P. Carnell Molly M. Spearman Ralph W. Canty Robert A. Barber, Jr. E.B. McLeod, Jr. J. Gary Simrill Joseph H. Neal June S. Shissias Thomas C. Alexander Larry L. Elliott Dewitt Williams

Printed Page 7938 . . . . . Thursday, June 2, 1994

Gilda Cobb-Hunter        B. Hicks Harwell
Toney L. Farr            Kenneth Kennedy
John G. Felder           Dell Baker
Joseph T. McElveen, Jr.  H. Howell Clyborne, Jr.
George H. Bailey         Michael F. Jaskwhich
Larry L. Koon            C. Alex Harvin, III
William D. Boan          Joe E. Brown

Total Present--124

ORDERED ENROLLED FOR RATIFICATION

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

S. 1403 -- Senator Gregory: A BILL TO PROHIBIT THE CITY OF LANCASTER FROM DISCONTINUING SEWER SERVICE TO A PERSON WHO CHOOSES TO DISCONNECT FROM THAT MUNICIPALITY'S WATER SYSTEM AND PROHIBIT THE CITY OF LANCASTER FROM CHARGING AN ASSESSMENT OR FEE TO FORMER CUSTOMERS LOCATED OUTSIDE ITS CORPORATE LIMITS; AND TO EXEMPT FROM REGULATION GROUNDWATER WELLS LOCATED OUTSIDE OF THE CITY OF LANCASTER FOR USE AS A PERSON'S ONLY SOURCE OF WATER.

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


Printed Page 7939 . . . . . Thursday, June 2, 1994

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.

S. 1199 -- Senator Hayes: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTIFICATION TO HIS PARENTS AND APPROPRIATE AGENCIES, SO AS TO PROVIDE THAT WHEN A CHILD IS TAKEN INTO CUSTODY FOR AN OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT, THE LAW ENFORCEMENT OFFICER ALSO SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED, IF ANY, OF THE NATURE OF THE OFFENSE, AND TO PROVIDE THAT THE PRINCIPAL MAY USE THIS INFORMATION FOR MONITORING AND SUPERVISORY PURPOSES BUT OTHERWISE MUST KEEP THIS INFORMATION CONFIDENTIAL.

S. 1312 -- Senator Land: A BILL TO AMEND SECTION 29-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ENTERING SATISFACTION OF MORTGAGES, SO AS TO PERMIT SATISFACTION OF MORTGAGES RECORDED IN COUNTERPARTS BY SATISFACTIONS EXECUTED IN COUNTERPARTS.

S. 897 -- Senator Reese: A BILL TO AMEND SECTION 16-3-1070, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STALKING, SO AS TO INCREASE THE PENALTIES.

S. 1430 -- Senator Setzler: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO INSTALL A TRAFFIC LIGHT AT U.S. HIGHWAY 378 AND NORTH HOOK AVENUE IN WEST COLUMBIA, LEXINGTON COUNTY, BY AUGUST 1, 1994.


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