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 1380, Feb/ 3 | Printed Page 1400, Feb. 3 |

Printed Page 1390 . . . . . Thursday, February 3, 1994

The Bill, as amended, was read the second time and ordered to third reading.

H. 4350--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 4350 be read the third time tomorrow.

H. 4604--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4604 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.

Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5465HC.94), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4604--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BOAN, with unanimous consent, it was ordered that H. 4604 be read the third time tomorrow.


Printed Page 1391 . . . . . Thursday, February 3, 1994

ORDERED TO THIRD READING

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

H. 4653 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

Rep. SNOW explained the Bill.

H. 3672 -- Reps. Shissias, R. Smith, Stone, Corning, Harrison, Simrill, Riser, Wright, Koon, Hallman, Walker, Byrd, Meacham, Wells, Phillips, Littlejohn, Davenport and Cato: A BILL TO AMEND SECTION 20-7-1145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REPRESENTATION OF AN OBLIGEE UNDER AN OUT-OF-STATE CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.

Rep. HODGES explained the Bill.

H. 3673 -- Reps. Shissias, Hallman, Gonzales, Stone, Corning, Harrison, Simrill, Riser, Koon, Wells, Walker, Byrd, Meacham, Phillips, Littlejohn, Allison and Cato: A BILL TO AMEND SECTION 20-7-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNSEL FOR AN OBLIGEE IN A CIVIL ENFORCEMENT ACTION OF A SOUTH CAROLINA CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.

Rep. HODGES explained the Bill.

H. 3674 -- Reps. Shissias, R. Smith, Hallman, Gonzales, R. Young, Simrill, Corning, Harrison, Thomas, Gamble, Riser, Wright, Koon, Neilson, Wells, Cobb-Hunter, Harrell, Stuart, Neal, Hines, J. Wilder, Waldrop, Harrelson, Walker, Allison, McElveen, Meacham, Stone, Littlejohn, Davenport, Cato and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.

Rep. HODGES explained the Bill.


Printed Page 1392 . . . . . Thursday, February 3, 1994

H. 3792 -- Rep. Shissias: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.

Rep. HODGES explained the Bill.

H. 3805 -- Rep. Shissias: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES CONCERNING THE STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A CLERK OF COURT SHALL RECOGNIZE AN ASSIGNMENT OF THE RIGHTS TO CHILD SUPPORT UPON NOTICE OF THE ASSIGNMENT AND WITHOUT THE REQUIREMENT OF AN ORDER.

Rep. HODGES explained the Bill.

H. 3973 -- Reps. Stuart, Gamble and Phillips: A BILL TO AMEND SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF CRIMINAL PROCESS ON SUNDAY, SO AS TO PROVIDE THAT CRIMINAL PROCESS MAY BE SERVED ON SUNDAY FOR ALL CRIMES, FELONIES AND MISDEMEANORS ALIKE.

Rep. HODGES explained the Bill.

H. 4653--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. THOMAS, with unanimous consent, it was ordered that H. 4653 be read the third time tomorrow.

H. 3673--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3673 be read the third time tomorrow.

H. 3674--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3674 be read the third time tomorrow.


Printed Page 1393 . . . . . Thursday, February 3, 1994

H. 3792--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3792 be read the third time tomorrow.

H. 3805--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3805 be read the third time tomorrow.

OBJECTION TO MOTION

Rep. PHILLIPS asked unanimous consent that H. 3973 be read a third time tomorrow.

Rep. DAVENPORT objected.

H. 3505--POINT OF ORDER

The following Bill was taken up.

H. 3505 -- Rep. Cromer: A BILL TO AMEND SECTIONS 16-9-10, 16-9-20, AND 16-9-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERJURY, SUBORNATION OF PERJURY, SUBORNATION OF PERJURY IN CIVIL ACTIONS, PENALTIES, AND THE ADDITIONAL PERMISSIBLE PUNISHMENT FOR PERJURY OR SUBORNATION OF PERJURY, SO AS TO INCREASE THESE PENALTIES.

Rep. HODGES explained the Bill.

POINT OF ORDER

Rep. J. BROWN 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 sustained the Point of Order.

H. 4605--RECONSIDERED AND DEBATE ADJOURNED

Rep. DAVENPORT moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.

H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION


Printed Page 1394 . . . . . Thursday, February 3, 1994

MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.

Rep. BEATTY moved to adjourn debate upon the Bill until Wednesday, February 9, which was adopted.

H. 3675--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3675 -- Reps. Shissias, R. Smith, R. Young, Neilson, Gonzales, Littlejohn, Simrill, Harwell, Corning, Harrison, Mattos, Gamble, Elliott, Riser, Hallman, Cobb-Hunter, Wright, Koon, Wells, J. Wilder, Houck, Harrell, Harrelson, Hines, Neal, Meacham, Byrd, Walker, Allison, Waldrop, Stone, J. Brown, Stuart, Rudnick, McElveen, Davenport and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11432AC.93), which was adopted.

Amend the bill, as and if amended, in Section 20-7-420(17) on line 38 by inserting after /and/ /in the discretion of the court,/ so that when amended item (17) shall read:

/(17) To make all orders for support run until further order of the court, except that orders for child support of a child shall run until the child is eighteen years of age or until the child is sooner married or becomes self-supporting, as determined by the court, whichever occurs first or, to provide for child support past the age of eighteen years if the child is in high school and is making satisfactory progress toward completion of high school, not to exceed the nineteenth birthday unless exceptional circumstances are found to exist or unless there is a preexisting order to provide for child support past the age of eighteen years; and in the discretion of the court, to provide for child support past age eighteen where there are physical or mental disabilities of the child or other exceptional circumstances that warrant it, in the discretion of the court, during any period and beyond the child's minority as such the


Printed Page 1395 . . . . . Thursday, February 3, 1994

continuation of child support beyond age eighteen for as long as the physical or mental disabilities may or exceptional circumstances continue./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3675--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 3675 be read the third time tomorrow.

H. 3920--AMENDED AND INTERRUPTED DEBATE

The following Joint Resolution was taken up.

H. 3920 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE FORMALITIES OF AN ACT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EITHER HOUSE OF THE GENERAL ASSEMBLY MAY PROVIDE BY RULE FOR THE SECOND READING OF ANY BILL OR JOINT RESOLUTION "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES TO EACH MEMBER.

Rep. HARRELSON proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10885JM.94), which was adopted.

Amend the joint resolution, as and if amended, by striking line 40 on page 1 and inserting:

/thereof to each member, except that, at the request of any member, the matter cannot be considered until the bill or resolution has been on the members' desks for twenty-four hours."/

Amend further, page 2, by striking lines 5 through 10 and inserting:

/"Shall Section 18, Article III of the Constitution of this State be amended to provide that either house of the General Assembly may provide by rule for the second reading of any bill or joint resolution `viva voce' or by distribution of printed copies thereof to each member, except that, at the request of any member, the matter cannot be considered until


Printed Page 1396 . . . . . Thursday, February 3, 1994

the bill or resolution has been on the members' desks for twenty-four hours?/

Amend title to conform.

Rep. HARRELSON explained the amendment.

The amendment was then adopted.

Rep. HODGES explained the Joint Resolution.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Joint Resolution.

RECURRENCE TO THE MORNING HOUR

Rep. RUDNICK moved that the House recur to the morning hour, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4620 -- Rep. Farr: A CONCURRENT RESOLUTION COMMEMORATING ON MARCH 2, 1994, THE TWO HUNDREDTH ANNIVERSARY OF THE DEATH OF COLONEL WILLIAM FARR, OUTSTANDING SOUTH CAROLINIAN, SOLDIER, AND MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES; REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTH CAROLINA HIGHWAY 72 BRIDGE OVER THE BROAD RIVER AT THE UNION COUNTY AND CHESTER COUNTY LINE ADJACENT TO COLONEL FARR'S BELOVED PLANTATION AT FISH DAM FORD THE "COLONEL WILLIAM FARR MEMORIAL BRIDGE" AND TO ERECT APPROPRIATE MARKERS; AND TO GRANT THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO COLONEL FARR'S DESCENDANTS, DR. TOMMY F. FARR AND JOHN E. FARR, ON WEDNESDAY, MARCH 2, 1994, FOR THE PURPOSE OF HEARING THIS RESOLUTION READ FROM THE PODIUM AND HAVING THE ORIGINAL OF THE RESOLUTION PRESENTED TO THEM.

Ordered for consideration tomorrow.


Printed Page 1397 . . . . . Thursday, February 3, 1994

INTRODUCTION OF BILLS

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

H. 4680 -- Rep. White: A BILL TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE JASPER COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY; TO ABOLISH THE JASPER COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.

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

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


Printed Page 1398 . . . . . Thursday, February 3, 1994

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 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.

Referred to Committee on Education and Public Works.

H. 4682 -- Reps. Simrill, Meacham, Hallman, Klauber, Sturkie, Stone, Davenport, Littlejohn, Hutson, Fulmer, R. Smith, Waites, Chamblee, Stille, Harrelson, Graham, Harrell, Haskins, Barber, Riser, Thomas and McTeer: 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.

Referred to Committee on Judiciary.


Printed Page 1399 . . . . . Thursday, February 3, 1994

H. 3920--POINT OF ORDER

Debate was resumed on the following Joint Resolution, the pending question being the consideration of the Joint Resolution, Rep. HODGES having the floor.

H. 3920 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 18, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE FORMALITIES OF AN ACT OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT EITHER HOUSE OF THE GENERAL ASSEMBLY MAY PROVIDE BY RULE FOR THE SECOND READING OF ANY BILL OR JOINT RESOLUTION "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES TO EACH MEMBER.

POINT OF ORDER

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

The SPEAKER sustained the Point of Order.

H. 3935--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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 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.


| Printed Page 1380, Feb/ 3 | Printed Page 1400, Feb. 3 |

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