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 2844, Mar. 1 | Printed Page 2860, Mar. 1 |
Printed Page 2850 . . . . . Tuesday, March 1, 1994
H. 4841 -- Reps. Neal, McMahand, G. Brown, Scott, Beatty, Cooper, Govan, Waites, P. Harris, Breeland, Harrison, Stille, Shissias, Tucker, Wofford, Hallman, McElveen, Carnell, Sharpe, Davenport, Koon, Kennedy, McTeer, Richardson, Harvin, Chamblee, McLeod and Askins: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED VEHICLE, SO AS TO PROVIDE THAT UPON PROOF OF FINANCIAL RESPONSIBILITY, THE PERSON'S DRIVING PRIVILEGES ARE RESTORED.

Referred to Committee on Labor, Commerce and Industry.

H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE TRUSTEES TAKE OFFICE.

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

H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.

Referred to Committee on Invitations and Memorial Resolutions.

H. 4844 -- Reps. Shissias, McElveen, Neal, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson and Wells: A BILL TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE

Printed Page 2851 . . . . . Tuesday, March 1, 1994
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; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.

Referred to Committee on Judiciary.

H. 4847 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-461, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE NUMBER OF RETAIL LIQUOR STORES IN WHICH A PERSON MAY HAVE AN INTEREST, SO AS TO DELETE A PROVISION WHICH STIPULATES THAT AN INTEREST OF A RELATIVE BY BLOOD OR MARRIAGE WITHIN THE SECOND DEGREE OF ANY PERSON CONSTITUTES AN INTEREST OF THAT PERSON FOR PURPOSES OF THIS RESTRICTION.

Referred to Committee on Labor, Commerce and Industry.

S. 1076 -- Senators Patterson and Wilson: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE CREDIT TO BE CLAIMED WHEN THE TAXPAYER CREATES ONE HUNDRED FIFTY OR MORE JOBS SUBSTANTIALLY EQUIVALENT TO THE CURRENT MINIMUM REQUIREMENT OF SEVENTY-FIVE FULL-TIME JOBS AND TO DEFINE "SUBSTANTIALLY EQUIVALENT".

Referred to Committee on Ways and Means.

S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

Printed Page 2852 . . . . . Tuesday, March 1, 1994
S. 1188 -- Senators Washington and Mescher: A BILL TO CREATE THE COLLETON COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS, AND TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND COLLETON COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

Referred to Colleton Delegation.

S. 1193 -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

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

S. 1207 -- Senators Greg Smith and McGill: A BILL TO ABOLISH THE GEORGETOWN COUNTY BOARD OF VOTER REGISTRATION AND GEORGETOWN COUNTY ELECTION COMMISSION, AND TO CREATE THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4845 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE YELLOW JACKETS FOOTBALL TEAM OF FORT MILL HIGH SCHOOL IN YORK COUNTY ON WINNING THE 1993 REGION 4, CLASS AAA FOOTBALL CHAMPIONSHIP.

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

Printed Page 2853 . . . . . Tuesday, March 1, 1994
HOUSE RESOLUTION

On motion of Rep. MEACHAM, with unanimous consent, the following was taken up for immediate consideration:

H. 4846 -- Rep. Meacham: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE VARSITY CHEERLEADING SQUAD OF FORT MILL HIGH SCHOOL OF YORK COUNTY AND THE SQUAD'S COACH ON THURSDAY, MARCH 24, 1994, FOR THE PURPOSE OF BEING CONGRATULATED ON WINNING THE STATE CHEERLEADING CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the varsity cheerleading squad of Fort Mill High School of York County and the squad's coach be extended the privilege of the floor of the House of Representatives on Thursday, March 24, 1994, at a time determined by the Speaker, for the purpose of being congratulated on winning the state cheerleading championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4848 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING AMERICAN FEDERAL BANK OF GREENVILLE FOR ITS OUTSTANDING RECORD OF CIVIC INVOLVEMENT AND COMMUNITY IMPROVEMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4849 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MARY COOPER OF MANNING ON BEING NAMED THE 1993 REGIONAL HEAD START TEACHER OF THE YEAR.

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

Printed Page 2854 . . . . . Tuesday, March 1, 1994
ROLL CALL

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

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Barber           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Byrd
Canty            Carnell          Cato
Chamblee         Clyborne         Cobb-Hunter
Cooper           Corning          Cromer
Davenport        Delleney         Elliott
Fair             Farr             Felder
Fulmer           Gamble           Gonzales
Graham           Hallman          Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Haskins          Hines            Hodges
Holt             Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Koon             Lanford          Law
Littlejohn       Marchbanks       Mattos
McAbee           McCraw           McKay
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Richardson
Riser            Robinson         Rogers
Rudnick          Scott            Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Thomas           Townsend         Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.
Printed Page 2855 . . . . . Tuesday, March 1, 1994
STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday,
March 1.
E.B. McLeod, Jr.         Dell Baker
Jerry N. Govan, Jr.      William S. Houck, Jr.
Richard M. Quinn, Jr.    Morgan Martin
James S. Klauber         J. Michael Baxley
Roger M. Young

Total Present--122

LEAVES OF ABSENCE

The SPEAKER granted Rep. WAITES a leave of absence due to illness.

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

DOCTOR OF THE DAY

Announcement was made that Dr. E. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.

H. 4226--TABLED

The following Bill was taken up.

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.

Rep. FARR moved to table the Bill, which was agreed to.

H. 4605--DEBATE ADJOURNED

Rep. WELLS moved to adjourn debate upon the following Bill until Tuesday, March 29, which was adopted.

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

Printed Page 2856 . . . . . Tuesday, March 1, 1994
SENT TO THE SENATE

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

H. 4800 -- Reps. R. Smith, Sharpe, Stone, Huff and Rudnick: A BILL TO AMEND ACT 476 OF 1969, AS AMENDED, RELATING TO CREATION OF THE VALLEY PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE THAT AIKEN COUNTY COUNCIL SHALL DRAW THE BOUNDARIES FOR THE AUTHORITY'S SERVICE AREA.

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.

H. 4377 -- Reps. Kirsh, Farr, Walker, D. Wilder, Vaughn, Rudnick, Stille, Simrill, Harvin, Keyserling, Meacham, Delleney and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-905 SO AS TO PROVIDE FOR A PARTIAL REFUND OR CREDIT WHEN THE OWNER OF A MOTOR VEHICLE SO REQUESTS UPON THE SURRENDER OF THE LICENSE PLATE AND REGISTRATION TO THE DEPARTMENT OF REVENUE AND TAXATION IN THE FIRST TWELVE MONTHS OF A BIENNIAL REGISTRATION PERIOD.

H. 4475 -- Reps. Snow and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-135 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY IN WRITING EACH MEMBER OF THE GENERAL ASSEMBLY IN WHOSE HOUSE OR SENATORIAL DISTRICT A HIGHWAY PROJECT IS OR IS TO BE LOCATED WHEN A PUBLIC HEARING OR PUBLIC MEETING CONCERNING THE PROJECT IS TO BE CONDUCTED AT LEAST TEN DAYS PRIOR TO THE HEARING OR MEETING.

H. 3475 -- Reps. Baxley, A. Young, Simrill, Kirsh, Stone, Haskins, Neal, Harrison, Quinn, Corning, Riser, Shissias, Hines, Canty, Cato, Wells, Robinson, Meacham and Hutson: A BILL TO AMEND SECTION 4-10-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENDUM ON THE QUESTION OF IMPLEMENTING

Printed Page 2857 . . . . . Tuesday, March 1, 1994
THE LOCAL OPTION ONE PERCENT SALES AND USE TAX WITHIN A COUNTY, SO AS TO DESCRIBE SUCH REFERENDUM AS AN "INITIAL REFERENDUM", PROVIDE THAT IT MUST OCCUR ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR, AND PROVIDE THAT, FOLLOWING THE INITIAL REFERENDUM, A REFERENDUM FOR IMPLEMENTING THE TAX MUST NOT BE HELD MORE OFTEN THAN ONCE IN FORTY-EIGHT, RATHER THAN TWELVE, MONTHS AND MUST BE SIMILARLY HELD ON THE TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER IN A GENERAL ELECTION YEAR ONLY.

H. 4703 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO THE IMPORTATION OF POULTRY INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1692, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4704 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO TUBERCULOSIS TESTING OF CATTLE IMPORTED INTO SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1693, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4705 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO QUARANTINE OF GARBAGE FED SWINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1694, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Printed Page 2858 . . . . . Tuesday, March 1, 1994
ORDERED ENROLLED FOR RATIFICATION

The following Bill 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. 289 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.

S. 950 -- Senators Setzler, Lander, Reese and Washington: A JOINT RESOLUTION TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION, FOR FISCAL YEAR 1993-94, MUST ALLOCATE $118,000 TO CLEMSON PSA FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

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 AUTHORITY ACT, SO AS TO REVISE AND CLARIFY DEFINITIONS.

RULE 6.1--WAIVED

Rep. McTEER moved to waive Rule 6.1, which was agreed to.

Printed Page 2859 . . . . . Tuesday, March 1, 1994
ORDERED TO THIRD READING

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

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.

Rep. WILKINS explained the Bill.

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 -- 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. 4512 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-14-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL TRANSACTION CARD THEFT, SO AS TO CONFORM THE PENALTY TO PROVISIONS OF THE CRIME CLASSIFICATION ACT.

H. 4725 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1650, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4726 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE UNIVERSITY OF SOUTH CAROLINA, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1663,

Printed Page 2860 . . . . . Tuesday, March 1, 1994
PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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