South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

MONDAY, MAY 31, 1993

Monday, May 31, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Lord, on this Memorial Day we join fellow Americans in sacred memory of those who valiantly fought and bravely died for this great Nation. Bring comfort to those who see again with a nostalgic eye those who marched away never to return. Undergird with Your presence those who even now bear in their bodies the scars of war, granting them the consolation of a grateful Nation.

And as we have come on this extra day with needs staring at us, may the response of those that we remember today inspire us to a deeper dedication and a nobler service. May our efforts this day and this week be commensurate with the challenge at hand, and may the fruits of our labors be a suitable memorial for the brave sons and daughters who pledged their lives in the service of others. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 27, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Giese, Matthews and Reese of the Committee of Conference on the part of the Senate on S. 255:

S. 255 -- Senators Giese, Reese and Matthews: A BILL TO AMEND TITLE 44, CHAPTER 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEAD AND SPINAL CORD INJURIES, SO AS TO ADD ARTICLE 3 TO CREATE THE SOUTH CAROLINA HEAD AND SPINAL CORD INJURY SERVICE DELIVERY SYSTEM TO DEVELOP, COORDINATE, AND ENHANCE DELIVERY OF SERVICES; TO DESIGNATE AGENCY RESPONSIBILITIES IN THE SYSTEM; TO ESTABLISH AN ADVISORY COUNCIL; TO PROVIDE ELIGIBILITY CRITERIA FOR RECEIVING CASE MANAGEMENT SERVICES; TO PROVIDE THAT THIS ARTICLE DOES NOT CREATE AN ENTITLEMENT PROGRAM; AND TO DESIGNATE SECTIONS 44-38-10 THROUGH 44-38-90 AS ARTICLE 1 OF CHAPTER 38, TITLE 44, AND TO RENAME CHAPTER 38 OF TITLE 44.
Very respectfully,
President

No. 451

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 27, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 193:
S. 193 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD THE COLLECTION OF FEES AND COSTS ASSOCIATED WITH ENROLLING AND COLLECTING FOREIGN JUDGMENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 27, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Initial Appointment, Member, State Ethics Commission, with term to expire May 31, 1998:

3rd Congressional District:

Mr. Roger J. Hartman, 344 Knollwood Drive, Anderson, S.C. 29625 VICE David Lee Terry

Very respectfully,
President

No. 027

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 27, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Initial Appointment and Reappointment, Member, State Ethics Commission, with initial term to expire June 30, 1993, and reappointment term to expire June 30, 1998:

1st Congressional District:

Ms. Cynthia G. Howe, Van Osdell, Lester, Howe & Rice, P.A., 1301 48th Avenue North, Myrtle Beach, S.C. 29577 VICE Paula H. Bethea (resigned)

Very respectfully,
President

No. 026

Received as information.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3797 -- Reps. J. Wilder and Rhoad: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ALLENDALE COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

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.

SENATE AMENDMENTS CONCURRED
IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3562 -- Rep. Rhoad: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR BAMBERG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF BAMBERG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

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.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 803 -- Senators Williams, Holland, Land and McConnell: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1993, THEY SHALL STAND ADJOURNED TO MEET IN STATEWIDE SESSION AT 10:00 A.M. ON THURSDAY, JUNE 17, 1993, FOR CONSIDERATION OF GUBERNATORIAL VETOES AND TO PROVIDE THAT THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE ARE AUTHORIZED TO MEET FOR THE RATIFICATION OF ACTS ON JUNE 10, 1993, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE THURSDAY, JUNE 17, 1993, NOT LATER THAN 5:00 P.M.

The Concurrent Resolution was ordered placed on the Calendar.

CONCURRENT RESOLUTION

The following was introduced:

H. 4255 -- Rep. P. Harris: A CONCURRENT RESOLUTION COMMENDING MARY D. DUSENBERRY FOR HER EXEMPLARY SERVICE ON THE TRI-COUNTY AREA COMMISSION FOR TECHNICAL EDUCATION.

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

INTRODUCTION OF BILLS

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

H. 4254 -- Rep. Rudnick: A BILL TO AMEND SECTION 50-13-1116, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARKING AND IDENTIFICATION OF NONGAME FISHING DEVICES, SO AS TO REVISE THE REQUIREMENT FOR FLOATING MARKERS; AND TO AMEND SECTION 50-13-1180, AS AMENDED, RELATING TO TROTLINES, SO AS TO DELETE THE REQUIREMENTS FOR TROTLINE HOOKS USED IN LAKES MARION AND MOULTRIE AND DELETE THE PROHIBITION ON STAINLESS STEEL HOOKS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 521 -- Senators McConnell, Ford, Courtney, Greg Smith, Martin, Passailaigue and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".

Referred to Committee on Judiciary.

S. 794 -- Senators Moore, Ryberg and Setzler: A BILL TO AMEND ACT 268 OF 1989, RELATING TO THE TAX MILLAGE AUTHORIZED TO BE LEVIED FOR THE OPERATION OF THE SCHOOL DISTRICT OF AIKEN COUNTY, SO AS TO INCREASE THE AUTHORIZED MILLAGE.

Rep. RUDNICK asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. SHARPE objected.

Referred to Committee on Education and Public Works.

S. 802 -- Banking and Insurance Committee: A JOINT RESOLUTION TO PROVIDE FOR AN INDEPENDENT AUDIT OF EACH MEMBER INSURER OF THE SOUTH CAROLINA REINSURANCE FACILITY; TO PROVIDE THAT A REPORT OF FINDINGS BE PERFORMED JOINTLY BY THE CHIEF INSURANCE COMMISSIONER, THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE, AND THE SENATE BANKING AND INSURANCE COMMITTEE; TO PROVIDE FOR THE DISSEMINATION OF THIS INDEPENDENT AUDIT TO THE GENERAL ASSEMBLY; AND TO PROVIDE THAT THE PROVISIONS OF R136 OF 1993, RELATING TO, AMONG OTHER THINGS, SOLICITING AN INVITATION FOR BIDS FOR THE SERVICES USED OR PAID FOR BY THE REINSURANCE FACILITY, TERMINATION OF CERTAIN CONTRACTS, AND CONDUCTING CERTAIN AUDITS, SHALL BE IMPLEMENTED BY THE CHIEF INSURANCE COMMISSIONER IN A TIMELY MANNER SO AS TO ENSURE THE EFFICIENT OPERATION OF THE REINSURANCE FACILITY.

On motion of Rep. FELDER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

ROLL CALL

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

Alexander, M.O.        Allison                Anderson
Askins                 Bailey, G.             Bailey, J.
Baxley                 Beatty                 Breeland
Brown, H.              Byrd                   Carnell
Cato                   Cooper                 Corning
Davenport              Delleney               Fair
Farr                   Felder                 Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Harwell                Haskins
Hines                  Hodges                 Holt
Huff                   Hutson                 Inabinett
Jennings               Keegan                 Kelley
Keyserling             Kinon                  Kirsh
Klauber                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McMahand               Meacham
Neal                   Neilson                Phillips
Rhoad                  Richardson             Riser
Robinson               Rudnick                Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Snow                   Stille                 Stoddard
Stone                  Stuart                 Thomas
Townsend               Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Whipper                Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Wright                 Young, A.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, May 31.

Roger M. Young                    Molly M. Spearman
Robert A. Barber, Jr.             Grady A. Brown
Michael F. Jaskwhich              C.D. Chamblee
Timothy F. Rogers                 William D. Boan
Stephen E. Gonzales               H. Howell Clyborne, Jr.
James L.M. Cromer, Jr.            Thomas C. Alexander
James P. Harrelson                Juanita M. White
Joseph T. McElveen, Jr.           Ralph W. Canty
Lindsey O. Graham                 Woodrow M. McKay
Harold G. Worley                  Larry L. Elliott
Gilda Cobb-Hunter                 Bessie Moody-Lawrence
E.B. McLeod, Jr.                  Richard M. Quinn, Jr.
Larry L. Koon                     C. Alex Harvin, III
Dell Baker
Total Present--116

LEAVE OF ABSENCE

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

STATEMENTS OF ATTENDANCE

Reps. McLEOD and PHILLIPS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, May 27.

H. 4226--DEBATE ADJOURNED

Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, June 1, which was adopted.

H. 4226 -- Rep. Farr: A BILL TO ESTABLISH A GOVERNING BODY FOR THE BUFFALO FIRE DISTRICT IN UNION COUNTY AND PROVIDE A PROCEDURE FOR THEIR ELECTION.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4232 -- Reps. Jennings and Neilson: A BILL TO AMEND SECTION 7-7-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN MARLBORO COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.

H. 4130 -- Rep. Boan: A BILL TO AMEND SECTION 59-115-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO ISSUE REVENUE BONDS UNDER THE STATE EDUCATION ASSISTANCE ACT, SO AS TO DELETE A REFERENCE TO THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS WHICH MAY BE OUTSTANDING AT ANY TIME AND PROVIDE FOR A PARITY BOND TEST FOR THE ISSUANCE OF ADDITIONAL BONDS.

H. 3762 -- Rep. Hodges: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 4248 -- Reps. J. Harris and Baxley: A BILL TO ABOLISH THE CHESTERFIELD COUNTY BOARD OF VOTER REGISTRATION AND CHESTERFIELD COUNTY ELECTION COMMISSION, AND TO CREATE THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION.

H. 4251--OBJECTIONS AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4251 -- Rep. Felder: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN CALHOUN COUNTY UNTIL JULY 1, 1994.

POINT OF ORDER

Rep. SHISSIAS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER overruled the Point of Order.

POINT OF ORDER

Rep. SHISSIAS raised the Point of Order that H. 4251 was out of order as it was not in compliance with Rule 5.5 which states that no Bill or Joint Resolution shall be introduced as a delegation Bill or Resolution unless such Bill or Resolution related only to local matters concerning the county which such delegation represents.

The SPEAKER stated that Rule 5.5 stated that you cannot introduce a delegation Bill or Resolution unless it relates only to local matters and that this was not a delegation Bill or Resolution but was introduced by Rep. FELDER as an individual sponsor and it did not say Calhoun Delegation and that was what Rule 5.5 referred to and he overruled the Point of Order.

Rep. SHISSIAS moved to adjourn debate upon the Bill.

Rep. FELDER moved to table the motion.

Rep. DAVENPORT demanded the yeas and nays, which were not ordered.

The motion to adjourn debate was tabled by a division vote of 15 to 13.

Reps. SHISSIAS and NEAL objected to the Bill.

The Bill was then read the second time and ordered to third reading.

H. 3677--RECONSIDERED AND SENT TO THE SENATE

The motion of Rep. BARBER to reconsider the vote whereby the following Bill was given unanimous consent to receive a third reading was taken up and agreed to.

H. 3677 -- Reps. Jaskwhich, Hodges, Meacham and Barber: A BILL TO AMEND TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, BY ADDING CHAPTER 20 SO AS TO ENACT THE RAILROAD PRESERVATION AND REVITALIZATION ACT.

Rep. BARBER moved to adjourn debate upon the Bill.

Rep. STUART moved to table the motion, which was agreed to.

The Bill was read the third time and ordered sent to the Senate by a division vote of 52 to 29.

STATEMENT BY REP. HODGES

Rep. HODGES gave an updated report on the Conference Committee's work on restructuring state government.

HOUSE TO MEET AT 11:00 A.M. TOMORROW

Rep. CARNELL moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to.

Rep. FELDER moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 4:55 P.M. the House in accordance with the motion of Rep. CARNELL adjourned to meet at 11:00 A.M. tomorrow.

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