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 1520, Feb. 9 | Printed Page 1540, Feb. 9 |

Printed Page 1530 . . . . . Wednesday, February 9, 1994

INTRODUCTION OF BILLS

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

H. 4718 -- Reps. Martin, Kelley, Worley, Keegan and Witherspoon: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.

Referred to Committee on Labor, Commerce and Industry.

S. 33 -- Senators Passailaigue and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE THAT LAWS ENACTED TO MAINTAIN CONFORMITY OF THE STATE INCOME TAX WITH THE PROVISIONS OF THE FEDERAL INCOME TAX MAY NOT RESULT IN INCREASES OR DECREASES IN THE STATE INCOME TAX LIABILITY OF SIMILAR REPRESENTATIVE CLASSES OF INDIVIDUAL AND CORPORATE TAXPAYERS.

Referred to Committee on Judiciary.

S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.

Referred to Committee on Judiciary.


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S. 628 -- Senators Rankin, Drummond and J. Verne Smith: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDIA FOR PAYMENT OF PROPERTY TAXES, SO AS TO ALLOW PAYMENT OF PROPERTY TAXES BY CREDIT CARD AND TO DELETE OBSOLETE METHODS OF PAYMENT.

Referred to Committee on Ways and Means.

S. 520--DEBATE ADJOURNED

Rep. CROMER moved to adjourn debate upon the following Bill until Tuesday, February 15, which was adopted.

S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.

H. 4673--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4673 -- Reps. Klauber, Carnell and McAbee: A BILL TO PROVIDE THAT THE QUALIFIED ELECTORS OF SCHOOL DISTRICTS 50 AND 52 IN GREENWOOD COUNTY AND SCHOOL DISTRICT 51 IN GREENWOOD, LAURENS, AND ABBEVILLE COUNTIES BY PETITION MAY PROPOSE THAT AN ADVISORY REFERENDUM BE CONDUCTED IN THAT DISTRICT, AND TO PROVIDE FOR THE MANNER IN WHICH AND THE PROCEDURES UNDER WHICH THIS ADVISORY REFERENDUM SHALL BE CONDUCTED.

Reps. KLAUBER and CARNELL proposed the following Amendment No. 1, which was adopted.

Strike the sentence on line 33 reading "The results of the referendum shall be advisory only."

Rep. KLAUBER explained the amendment.

The amendment was then adopted.


Printed Page 1532 . . . . . Wednesday, February 9, 1994

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

H. 4691--POINT OF ORDER

The following Bill was taken up.

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.

POINT OF ORDER

Rep. CLYBORNE 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. 3631--OBJECTIONS

Rep. DAVENPORT withdrew his objections to the following Bill whereupon objections were raised by Reps. KOON and FELDER.

H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

S. 1023--RECALLED FROM THE COMMITTEE ON

WAYS AND MEANS

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

S. 1023 -- Senator Macaulay: A BILL TO AMEND CHAPTER 5, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND


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AUTHORITY ACT, SO AS TO REVISE AND CLARIFY DEFINITIONS.

H. 4626--RECALLED AND REFERRED TO

THE COMMITTEE ON JUDICIARY

On motion of Rep. MARTIN, with unanimous consent, the Bill was recalled from the Committee on Education and Public Works and was referred to the Committee on Judiciary.

H. 4626 -- Reps. Martin, Cromer, Jennings, Wofford, Worley, Wilkins, Thomas, Graham, McElveen, Hodges, Witherspoon, Baxley and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-200 SO AS TO PROVIDE FOR METAL DETECTORS IN MIDDLE, JUNIOR HIGH, AND HIGH SCHOOLS IN THIS STATE AND PROVIDE THAT THE DEPARTMENT OF EDUCATION SHALL PROMULGATE REGULATIONS REGARDING THE INSTALLATION OF THE EQUIPMENT; TO AMEND SECTIONS 16-23-430, AS AMENDED, RELATING TO CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO INCREASE THE PENALTY; 20-7-430, AS AMENDED, RELATING TO TRANSFER OF JUVENILE CRIMINAL CASES TO CIRCUIT COURT, SO AS TO PROVIDE THAT CIRCUIT COURT HAS EXCLUSIVE JURISDICTION OVER A JUVENILE SIXTEEN YEARS OF AGE OR OLDER WHO IS CHARGED WITH A VIOLENT CRIME AND TO MAKE OTHER CHANGES TO CONFORM TO THIS REQUIREMENT; AND 20-7-600, AS AMENDED, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS TO ALLOW DETENTION IN A SECURE FACILITY OF A JUVENILE WHO HAS IN HIS POSSESSION A DEADLY WEAPON AND TO EXTEND THE DETENTION TIME WITHOUT A HEARING TO FORTY-EIGHT HOURS.

LEAVE OF ABSENCE

The SPEAKER granted Rep. WAITES a temporary leave of absence for the remainder of the day.

H. 3351--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

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


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H. 3351 -- Reps. Carnell and Klauber: A BILL TO AMEND SECTION 40-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE STATE LICENSING BOARD FOR CONTRACTORS, SO AS TO PROVIDE THAT A MAJORITY INSTEAD OF FIVE MEMBERS CONSTITUTES A QUORUM; AND SECTION 40-11-260, AS AMENDED, RELATING TO THE REISSUANCE BY THE BOARD OF A REVOKED LICENSE, SO AS TO PROVIDE FOR REISSUANCE BY A MAJORITY INSTEAD OF FIVE OR MORE MEMBERS.

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.

Rep. WILKES moved that the House do now adjourn.

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

Yeas 36; Nays 62

Those who voted in the affirmative are:

Anderson         Askins           Barber
Baxley           Beatty           Boan
Breeland         Brown, G.        Carnell
Cobb-Hunter      Harrelson        Harris, P.
Harvin           Hines            Hodges
Inabinett        Jennings         Kennedy
Keyserling       Martin           Mattos
McAbee           McLeod           McMahand
McTeer           Neal             Rhoad
Richardson       Rudnick          Spearman
Whipper          White            Wilder, D.
Wilder, J.       Wilkes           Worley

Total--36

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Baker            Brown, H.
Cato             Chamblee         Clyborne
Cooper           Corning          Cromer

Printed Page 1535 . . . . . Wednesday, February 9, 1994

Davenport        Delleney         Elliott
Farr             Felder           Gamble
Gonzales         Govan            Graham
Hallman          Harrell          Harris, J.
Harrison         Harwell          Haskins
Holt             Houck            Huff
Hutson           Jaskwhich        Keegan
Kelley           Kinon            Klauber
Koon             Law              Littlejohn
Marchbanks       McCraw           Meacham
Neilson          Phillips         Riser
Robinson         Sheheen          Simrill
Smith, R.        Snow             Stille
Stone            Stuart           Thomas
Trotter          Tucker           Vaughn
Walker           Wells            Williams
Witherspoon      Wofford

Total--62

So, the House refused to adjourn.

H. 4620--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

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


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READ FROM THE PODIUM AND HAVING THE ORIGINAL OF THE RESOLUTION PRESENTED TO THEM.

Whereas, William Farr was born in Onslow County, North Carolina, on March 16, 1748; and

Whereas, he was the son of Richard Farr, Sr., and Hannah Farr; and

Whereas, William Farr at a young age moved westward to Mecklenburg County, North Carolina, and then southward to Union County, South Carolina, where he settled at Fish Dam Ford along the west banks of the Broad River; and

Whereas, during his lifetime, he was a skilled planter and merchant; and

Whereas, he was one of the early leaders in the struggle for American independence and a virulent hater of Tories; and

Whereas, he earned his title by fighting with great courage in the American Revolution in battles beginning with the famous "Snow Campaign" and also at Cowpens, Musgrove's Mills, Stono, Hanging Rock, Rocky Mount, and Blackstock on the Tiger River; and

Whereas, strong traditional evidence indicates that Colonel Farr was in the Battle of Kings Mountain; and

Whereas, he volunteered as captain in the State Militia of South Carolina in 1776 under Colonel John Thomas's Spartan Regiment and served in this capacity until the old Spartan Regiment was divided in 1777; and

Whereas, in 1777, Colonel Farr served as Captain of Foot and Captain of Horse in the second Spartan Regiment under the command of Colonel Thomas Brandon, where he was soon promoted to adjutant and then major in 1780; and

Whereas, Colonel Farr soon was appointed to the rank of lieutenant colonel in 1781 and served under General Pickens with great bravery for his Country until the end of the Revolutionary War; and

Whereas, the Battle at Cowpens began only after Colonel Farr gave permission to fire the first shot upon a British advancing line and a British officer fell from his horse; and

Whereas, some persons have referred to Colonel Farr as "the Forgotten Hero"; however, he was a true patriot and a brave soldier who loved his country and will always be remembered; and

Whereas, in 1785, he began serving as the first sheriff of Union County, South Carolina; and


Printed Page 1537 . . . . . Wednesday, February 9, 1994

Whereas, he continued to serve his County and his State by serving as the first member of the South Carolina House of Representatives from Union County, commencing in 1791 and continuing until his death; and

Whereas, serving in the Ninth General Assembly and the Tenth General Assembly, Colonel Farr served under Speaker Jacob Read's leadership and with Governor Charles Pinckney and Governor William Moultrie; and

Whereas, he fought vigorously for the judiciary, for farmers, and for the basic needs of his fellow Upcountrymen of South Carolina; and

Whereas, he was selected as a commissioner to choose a place to build a new courthouse in the newly created Pinckney district which resulted in the new county seat and town named Pinckneyville; and

Whereas, his legislative record reflects his support for high ethics, open government, and a strong military; and

Whereas, his will affirms that he was a Christian and a Godfearing man; and

Whereas, he was the devoted father of eleven children: Richard, William Black, James, and Hannah Green, who were born to his first wife Eleanor Black Jeter Farr; other children were John Pulaski, Titus Green, Thomas John Smith, Eleanor Thomas, Ann Kincheloe, Elizabeth Frances, and Robert Goodloe Harper, who were born to Colonel Farr's second wife, Elizabeth Taliavo Stribling Farr; and

Whereas, Colonel William Farr departed this life on March 2, 1794; and

Whereas, it seems entirely fitting and proper to commemorate the gifts and contributions of Colonel Farr on the two hundredth anniversary of his death and to recognize and honor his lasting mark in South Carolina history as a true patriot and distinguished legislator. Now, therefore,

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

That the General Assembly of the State of South Carolina, by this resolution, commemorates 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.

Be it further resolved that the Department of Transportation 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 in close proximity to his gravesite the "Colonel William Farr Memorial Bridge" and that the department erect appropriate markers.

Be it further resolved that Colonel Farr's descendants, Mr. John E. Farr and Dr. Tommy F. Farr, be granted the privilege of the floor of the


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House of Representatives on Wednesday, March 2, 1994, at a time to be determined by the Speaker, for the purpose of hearing this resolution read from the podium and having the original of the resolution presented to them on behalf of all of the descendants of Colonel William Farr.

Be it further resolved that copies of this resolution be forwarded to the South Carolina State Museum, the South Carolina Department of Archives and History, the Union County Museum, the Daughters of the American Revolution in Washington, D.C., and the National Archives in Washington, D.C.

The Concurrent Resolution was adopted and ordered sent to the Senate, by a division vote of 47 to 6.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HODGES.

RECURRENCE TO THE MORNING HOUR

Rep. PHILLIPS moved that the House recur to the morning hour, which was agreed to, by a division vote of 50 to 47.

REPORT OF STANDING COMMITTEE

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

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


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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 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.

Ordered for consideration tomorrow.

H. 3631--OBJECTION

Rep. J. BROWN withdrew his objections to the following Bill whereupon an objection was raised by Rep. McMAHAND.

H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

S. 511--OBJECTION

Rep. TUCKER withdrew his objections to the following Bill whereupon an objection was raised by Rep. CORNING.

S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER


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FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.


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