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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Witness my hand and (where an official seal is required by law) official seal this the day of (year).

Signature of Officer'"/

SECTION 2. This act takes effect upon approval by the Governor and applies to all deeds or other instruments in writing executed after December 31, 1994.

Amend title to conform.

Rep. R. YOUNG explained the amendment.

The amendment was then adopted.

Rep. D. SMITH proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20387SD.203), which was adopted.

Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:

/SECTION . Section 29-3-330(c) of the 1976 Code is amended to read:

"(c) In case the original mortgage, deed of trust, or other instrument securing the payment of money and being a lien upon real property has been lost or destroyed it may be satisfied, either by the owner and holder of the instrument in person or his personal representative or duly authorized attorney in fact, by an instrument in writing duly executed in the presence of two witnesses and probated, and in addition the person executing the satisfaction shall make an affidavit that he or the person he represents is at the time of the satisfaction a bona fide owner and holder of the mortgage, deed of trust, or other instrument securing the payment of money and being a lien upon real property and that has not been assigned, hypothecated, or otherwise disposed of. The affidavit must be recorded along with the satisfaction. The maker of any affidavit which is false is guilty of perjury and punished as by law provided for the punishment of perjury.

The signature of owner or holder of the instrument which has been lost or destroyed to which this section applies may be proved in the manner provided above or in the alternative may also be acknowledged by the owner or holder of the instrument in the presence of two witnesses, taken before an officer competent to administer an oath. The form of the acknowledgement must be as provided in Section 30-5-30(C) and if the


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acknowledgement is taken outside this State, it may be taken in the manner provided in Section 30-5-30(B)."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. R. YOUNG explained the amendment.

The amendment was then adopted.

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

H. 3747--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3747 -- Reps. Wilkins, Hodges and Huff: A BILL TO AMEND SECTION 61-13-287, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OR GIFT OF BEER, WINE, OR ALCOHOLIC LIQUOR TO A PERSON UNDER TWENTY-ONE YEARS OF AGE, SO AS TO DELETE THE REFERENCES TO GIVING AND CONSUMPTION, PROVIDE FOR THE SECTION TO APPLY TO THE TRANSFER OF POSSESSION, AND REVISE THE EXCEPTIONS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7607BDW.94), which was adopted.

Amend the bill, as and if amended, Section 61-13-287(A), page 1, line 29, after /State/ by inserting /if the person knew or should have known the transfer was for the purpose of consumption by a person under the age of twenty-one years/ so that when amended the subsection reads:

/(A) It is unlawful for a person to transfer or give possession to any a person under the age of twenty-one years for the purpose of consumption any beer, wine, or alcoholic liquor at any place within the State if the person knew or should have known the transfer was for the purpose of consumption by a person under the age of twenty-one years. Any A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days./

Amend title to conform.


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Rep. WILKINS explained the amendment.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7637BDW.94), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. Section 61-3-1020 of the 1976 Code, as last amended by Section 1583, Act 181 of 1993, is further amended to read:

"Section 61-3-1020. Subject to Section 61-3-1030, no other goods, wares, or merchandise may be kept or stored in or sold in or from a retail alcoholic liquor store or place of business, and no place of amusement may be maintained in or in connection with the store. However, retail dealers may sell drinking glassware packaged together with alcoholic liquors if the glassware and alcoholic liquors are packaged together by the wholesaler or producer in packaging provided by the producer. Retail dealers also may sell nonalcoholic beverages items, other than beer or wine, packaged together with alcoholic liquors if the nonalcoholic beverages items and alcoholic liquors are in sealed packages and are packaged together by the alcoholic liquor producer at its place of business."/

Renumber sections to conform.

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. 4092--OBJECTIONS

The following Bill was taken up.

H. 4092 -- Reps. Thomas, Rogers, Trotter, Barber, Law, Fulmer, Waites, Corning, Harrison, Gamble, Stuart, P. Harris, Witherspoon, Riser, Inabinett, Wofford, Marchbanks, Stille, Allison, J. Wilder, Kelley, McTeer, Jennings, Cooper, Martin, Lanford, D. Wilder, Keegan, Delleney, McAbee, Graham, McElveen and Klauber: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE COURT TO REQUIRE


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A PERSON DELINQUENT IN MAKING CHILD SUPPORT PAYMENTS TO PAY THE ARREARAGE AND INTEREST ON THE ARREARAGE AS PROVIDED FOR MONEY DECREES AND JUDGMENTS.

Rep. ROGERS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15788AC.94).

Amend the bill, as and if amended, by deleting Section 1 and inserting:

/SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) After a finding of contempt to require a person who is delinquent in making child support payments in addition to paying the arrearage, pay interest on the arrearage to be calculated at the legal rate pursuant to Section 34-32-20(A). Any interest collected must be paid to the obligee."/

Renumber items to conform.

Amend title to conform.

Rep. ROGERS explained the amendment.

Reps. MOODY-LAWRENCE, WILLIAMS, J. BROWN, HINES and SCOTT objected to the Bill.

H. 4313--OBJECTIONS

The following Bill was taken up.

H. 4313 -- Reps. Baxley, Haskins and Rudnick: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AWARDS UNDER THE WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR APPEALS TO THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE CLAIMANT RESIDES AND PROVIDE FOR TRANSFER OF ACTIONS TO THE APPROPRIATE VENUE.

Rep. BAXLEY explained the Bill.

Reps. TUCKER, R. YOUNG, CATO, HODGES and SIMRILL objected to the Bill.


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H. 4356--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 24, which was adopted.

H. 4356 -- Reps. Wilkins, Allison, Elliott, Gamble, Corning and Harrell: A BILL TO AMEND SECTION 16-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, SO AS TO DELETE PROVISIONS ON THE MISDEMEANOR OFFENSE.

H. 4358--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 24, which was adopted.

H. 4358 -- Reps. Wilkins, Allison, Elliott and Marchbanks: A BILL TO AMEND SECTION 16-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION 16-1-100.

H. 4359--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 24, which was adopted.

H. 4359 -- Reps. Wilkins, Snow, Fair, Vaughn, Allison, Elliott, Mattos and Marchbanks: A BILL TO AMEND SECTION 16-15-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBSCENITY, SO AS TO INCREASE THE PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT OF 1993.

H. 4463--DEBATE ADJOURNED

The following Bill was taken up.

H. 4463 -- Rep. Cromer: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS TO CARRY A CONCEALED WEAPON, SO AS TO MAKE GRAMMATICAL CHANGES AND TO REPEAL THE BOND REQUIREMENT.


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Reps. GAMBLE and CROMER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3250AL.94).

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. Section 23-1-70 of the 1976 Code is repealed./

Renumber sections to conform.

Amend title to conform.

Rep. GAMBLE explained the amendment.

Rep. HODGES moved to adjourn debate upon the Bill until Thursday, February 24, which was adopted.

H. 3765--OBJECTIONS WITHDRAWN

Reps. MARCHBANKS and HASKINS withdrew their objections to H. 3765 however, other objections remained upon the Bill.

H. 3631--OBJECTION WITHDRAWN

Rep. McMAHAND withdrew his objection to H. 3631 however, other objections remained upon the Bill.

H. 3765--OBJECTIONS WITHDRAWN

Reps. VAUGHN, FAIR, CATO, ROBINSON and COOPER withdrew their objections to the following Joint Resolution.

H. 3765 -- Reps. Scott and Williams: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

H. 3387--OBJECTIONS WITHDRAWN

Reps. SCOTT, J. BAILEY, BREELAND and WHITE withdrew their objections to H. 3387 however, other objections remained upon the Bill.

H. 3290--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to H. 3290 however, other objections remained upon the Bill.


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H. 3835--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

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

H. 3835 -- Rep. Fair: A BILL TO AMEND SECTION 44-79-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY DOLLARS TO FIFTY DOLLARS A MONTH FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS; AND TO AMEND SECTION 44-79-80, AS AMENDED, RELATING TO CERTIFICATES OF AUTHORITY, SO AS TO REQUIRE THE POST OF THESE CERTIFICATES WITHIN VIEW OF THE FRONT ENTRANCE AND TO REQUIRE POSTING OF THE NUMBER OF COMPLAINTS FILED AGAINST THE CENTER.

Rep. FAIR explained the Senate amendment.

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.

S. 1167--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1167 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF INTERSTATE HIGHWAY 26 BEGINNING AT MT. PLEASANT STREET AND ENDING AT THE TERMINAL INTERCHANGE AT U.S. ROUTE 17 FOR MARJORIE AMOS-FRAZIER.

Whereas, Marjorie Amos-Frazier retired on September 16, 1993, from the Public Service Commission after having served as a commissioner representing the First Congressional District for thirteen years; and


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Whereas, Mrs. Frazier is a native of Manning, South Carolina who was educated in the Clarendon County schools; and

Whereas, Mrs. Frazier later moved to Charleston where she became active in local civic affairs; and

Whereas, she served as Vice Chairperson of the City of Charleston Democratic Party from 1971 to 1975; and

Whereas, she was elected to the Charleston County Council in November 1974, becoming the first female to serve on the council; and

Whereas, she was elected to the First Congressional District seat on the Public Service Commission (PSC) by unanimous vote of the General Assembly in 1980; and

Whereas, Mrs. Frazier's election to the PSC marked the first time that an African-American, female, or non-legislator was so elected; and

Whereas, Mrs. Frazier served continuously on the PSC until her recent retirement, highlighted by a two-year term as chairperson from July 1990 until July 1992; and

Whereas, she was listed in the 1977-78 edition of "Personalities of the South" and the first edition of "Personalities of America"; and

Whereas, she was inducted into the Charleston Federation of Womens Clubs' Hall of Fame in 1991; and

Whereas, Mrs. Frazier has been honored by other local civic, religious, political, and service organizations too numerous to mention in this resolution. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name the section of Interstate Highway 26 beginning at Mt. Pleasant Street and ending at the Terminal Interchange at U.S. Route 17 for Marjorie Amos-Frazier.

Be it further resolved that a copy of this resolution be forwarded to Mrs. Frazier.

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

S. 1168--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1168 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler,


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Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME HIGHWAY 61 IN CHARLESTON RUNNING FROM MAGOOD ROAD TO BEES FERRY ROAD AS THE GLENN F. MCCONNELL EXPRESSWAY.

Whereas, Senator Glenn F. McConnell, son of Mr. and Mrs. Samuel W. McConnell, has served in the South Carolina Senate since 1981; and

Whereas, he is also involved in the Charleston legal and business community as an attorney in the firm of McConnell and Mulholland, and as President of CSA Galleries, Inc.; and

Whereas, Senator McConnell graduated from the College of Charleston in 1969 with a Bachelor of Science degree and then went on to receive his Juris Doctorate from the University of South Carolina; and

Whereas, he has dedicated himself to politics for many years, serving as Chairman of the County Republican Party for four years and as a delegate to the Republican National Convention for three years; and

Whereas, Senator McConnell has been recognized for his exceptional service by receiving the Outstanding Achievement Award in 1980 from the South Carolina Republican Party and by being named as one of the Outstanding Young Men of America; and

Whereas, Senator McConnell has always maintained an active interest in the Charleston community through his position on the Board of Directors of the Neighborhood Legal Assistance Program and his membership in many community organizations such as the Sons of Confederate Veterans, the Scottish Society of Charleston, and the Episcopal Church of the Holy Communion; and

Whereas, in order to acknowledge Senator McConnell's many accomplishments and contributions to the State of South Carolina and the citizenry of Charleston, the members of the General Assembly believe it would be fitting to name a section of South Carolina's highway system after Glenn F. McConnell. Now, therefore,

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

That the members of the General Assembly request the Department of Transportation to name the section of Highway 61 running from Magood Road to Bees Ferry Road as the Glenn F. McConnell Expressway.

Be it further resolved that a copy of this resolution be forwarded to Senator McConnell.

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


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S. 1169--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

S. 1169 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 61 CONNECTOR FROM THE JAMES ISLAND EXPRESSWAY TO SOUTH CAROLINA ROUTE 61 IN CHARLESTON COUNTY AS THE HERBERT U. FIELDING CONNECTOR.

Whereas, Senator Herbert U. Fielding, son of Julius P.L and Sadie E. (Gillard) Fielding, is a former member of the South Carolina House of Representatives and the South Carolina State Senate; and

Whereas, he was born in Charleston on July 6, 1923, and continues to reside there today; and

Whereas, Senator Fielding received his Bachelor of Science degree from West Virginia State College in 1948; and

Whereas, Senator Fielding has made substantial contributions to his country by serving in World War II; and

Whereas, Senator Fielding, serving as Vice President of the Fielding Home for Funerals and as a member of the Trident Chamber of Commerce, has made significant contributions to the Charleston business community; and

Whereas, Senator Fielding has rendered service as a member of several important organizations including the South Carolina Commission on Vocational Rehabilitation, the University of South Carolina Budget Board, the Board of McClennan Banks Hospital, the South Carolina Human Affairs Commission, the Trident Council on
Alcoholism, Omega Psi Phi Fraternity, and the Robert Gould Shaw Boys Club, where he served as president; and

Whereas, Senator Fielding has been a tireless advocate of civil rights and has fought to enhance the quality of life for all South Carolinians; and

Whereas, in recognition of this strong tradition of community service and leadership it seems fitting to memorialize Senator Fielding by dedicating a bridge in his name. Now, therefore,

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


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