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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Printed Page 3440 . . . . . Tuesday, March 15, 1994
REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1742
Promulgated By Board of Education
Graduation Requirements (Amended)
Received By Speaker March 11, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date February 15, 1995

Document No. 1741
Promulgated By Board of Education
Criteria for Promotion of Students to the Next Higher Grade (Amended)
Received By Speaker March 11, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date February 15, 1995

Document No. 1750
Promulgated By Board of Nursing
Examination and re-examination
Received By Speaker March 11, 1994
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date February 15, 1995

REGULATION RESUBMITTED

The following was received.

Document No. 1699
Promulgated By Board of Registration for Professional Engineers & Land Surveyors
Registration of TAC/ABET Four-year engineering technology graduates thus establishing a two-tier category registration designation.
Received By Speaker January 18, 1994
Referred to House Committee on Labor, Commerce and Industry
Resubmitted March 14, 1994 (No Change)
Revised Expiration Date January 22, 1995

Received as information.

Printed Page 3441 . . . . . Tuesday, March 15, 1994
SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.

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.

HOUSE RESOLUTION

The following was introduced:

H. 4906 -- Reps. Baxley, Neilson and Hines: A HOUSE RESOLUTION TO RECOGNIZE REVEREND AND MRS. MILTON G. FRAZIER OF DARLINGTON COUNTY FOR THEIR THIRTY-SIX YEARS OF TIRELESS MINISTRY, DEDICATION, AND SERVICE TO EMMANUEL BAPTIST CHURCH AND DARLINGTON COUNTY; TO COMMEND REVEREND FRAZIER FOR THE HONOR OF PASTOR EMERITUS BESTOWED UPON HIM BY HIS CONGREGATION; AND TO WISH THE FRAZIER FAMILY WELL AS THEY LEAVE THEIR DUTIES AS PASTOR AND FIRST LADY OF EMMANUEL BAPTIST CHURCH.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4907 -- Reps. Neal, Rogers, J. Brown, Corning, Waites, Byrd, Cromer and Shissias: A CONCURRENT RESOLUTION TO RECOGNIZE WILLIAM "BILL" CHAVIS OF GADSDEN FOR HIS OUTSTANDING ACHIEVEMENTS DURING HIS FORTY-ONE YEARS OF LAW ENFORCEMENT SERVICE.

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

Printed Page 3442 . . . . . Tuesday, March 15, 1994
CONCURRENT RESOLUTION

The following was introduced:

H. 4908 -- Rep. P. Harris: A CONCURRENT RESOLUTION TO RECOGNIZE MS. LOUISE RODGERS RAVENEL UPON HER RETIREMENT AS EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., AND TO THANK HER FOR HER TIRELESS EFFORTS ON BEHALF OF SOUTH CAROLINA'S VERY SPECIAL CITIZENS.

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

INTRODUCTION OF BILLS

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

H. 4909 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4945 SO AS TO PROVIDE FOR FULL REAR BUMPERS ON VEHICLES WHICH TRANSPORT MOTOR VEHICLES.

Referred to Committee on Education and Public Works.

H. 4910 -- Rep. Cromer: A BILL TO REPEAL ARTICLE 13, CHAPTER 36, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE USE TAX.

Referred to Committee on Ways and Means.

H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A

Printed Page 3443 . . . . . Tuesday, March 15, 1994
PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.

Referred to Committee on Ways and Means.

H. 4912 -- Rep. Cobb-Hunter: A JOINT RESOLUTION TO CREATE AN ADVISORY COMMITTEE ON FAMILY VIOLENCE TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES, TO PROVIDE FOR ITS MEMBERSHIP AND METHOD OF APPOINTMENT, POWERS AND DUTIES, AND ITS TERMINATION.

Referred to Committee on Rules.

H. 4913 -- Rep. Govan: A BILL TO PROVIDE THAT THE GOVERNMENTAL ENTITY RESPONSIBLE FOR MAINTENANCE OF PUBLIC PROPERTY WHERE AN ACCIDENT OR CRIME OCCURRED SHALL DISINFECT AND DISPOSE OF BLOOD, BODY FLUIDS, OR BODY TISSUE LEFT FROM THE ACCIDENT OR CRIME.

Referred to Committee on Judiciary.

H. 4914 -- Rep. Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-230 SO AS TO REQUIRE A LAW ENFORCEMENT AGENCY INVESTIGATING THE SCENE OF AN ACCIDENT OR CRIME TO NOTIFY OWNERS OR OCCUPANTS OF PROPERTY WHEN BLOOD, BODY FLUIDS, OR BODY TISSUE ARE LEFT ON THE PROPERTY AND THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY BE CONTACTED FOR INFORMATION ON PROPER DISINFECTING AND DISPOSAL; AND TO PROVIDE IMMUNITY FROM LIABILITY UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

H. 4915 -- Rep. Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-80 SO AS TO PROHIBIT THE OPERATION OF A MOTOR VEHICLE IF THE OPERATOR IS WEARING A CERVICAL COLLAR AND PROVIDE PENALTIES.

Referred to Committee on Education and Public Works.

S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION

Printed Page 3444 . . . . . Tuesday, March 15, 1994
5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.

Referred to Committee on Judiciary.

S. 1247 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 269 OF 1989, AS AMENDED, RELATING TO ANNUAL BUDGETS AND SCHOOL TAXES FOR THE ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TAX MILLAGE MUST BE SET BY THE ANDERSON COUNTY BOARD OF EDUCATION BASED ON THE CERTIFIED ASSESSMENT VALUES PROVIDED TO THE BOARD BY THE ANDERSON COUNTY AUDITOR, TO DELETE REFERENCES TO OTHER DATES BY WHICH MILLAGE MUST BE SET, AND PROVIDE THAT THE MILLAGE MUST BE SET IN A TIMELY MANNER AND TO CORRECT AN OBSOLETE REFERENCE.

Referred to Anderson Delegation.

HOUSE RESOLUTION

The following was introduced:

H. 4916 -- Reps. Jaskwhich and Phillips: A HOUSE RESOLUTION CELEBRATING TWENTY-FIVE YEARS OF PUBLIC KINDERGARTEN IN THE STATE OF SOUTH CAROLINA AND URGING ALL MEMBERS OF THE HOUSE OF REPRESENTATIVES TO ATTEND THE PUBLIC CEREMONIES COMMEMORATING THIS SIGNIFICANT EVENT AT 1:00 P.M. ON WEDNESDAY, MARCH 23, 1994, IN THE STATE HOUSE LOBBY.

Whereas, a quarter century ago South Carolina's leaders in government and education took the historically bold and significant step of establishing public kindergarten in this State; and

Whereas, public kindergarten in the Palmetto State has enabled South Carolina's youngsters to get the foundation in early education that is

Printed Page 3445 . . . . . Tuesday, March 15, 1994
necessary for the first grade and that has helped them keep pace on a national level; and

Whereas, public kindergarten has truly had beneficial results for the school children of South Carolina and has opened many doors educationally to a brighter and more rewarding future; and

Whereas, at 1:00 P.M. on Wednesday, March 23, 1994, the twenty-fifth anniversary of public kindergarten in the State of South Carolina will be appropriately commemorated and celebrated in ceremonies in the State House lobby; and

Whereas, all members of the House of Representatives will have the opportunity to show their support for public kindergarten and their commitment to excellence in public education by attending this important event. Now, therefore,

Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina, by this resolution, celebrates twenty-five years of public kindergarten in the State of South Carolina and urges all members of the House of Representatives to attend the public ceremonies commemorating this significant event at 1:00 P.M. on Wednesday, March 23, 1994, in the State House lobby.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4917 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT PURSUANT TO THE RULES OF THE HOUSE OF REPRESENTATIVES, BILL SAMS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE ON WEDNESDAY, MARCH 23, 1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION AT A TIME TO BE DETERMINED BY THE LIEUTENANT GOVERNOR FOR THE PURPOSES OF BEING PRESENTED THIS RESOLUTION AND

Printed Page 3446 . . . . . Tuesday, March 15, 1994
BEING RECOGNIZED FOR HIS OUTSTANDING SERVICE AS DIRECTOR OF THE DEPARTMENT OF VETERANS AFFAIRS.

The Concurrent Resolution was ordered referred to the Committee on Rules.

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.       Baker            Barber
Baxley           Boan             Breeland
Brown, H.        Brown, J.        Byrd
Canty            Carnell          Cato
Chamblee         Clyborne         Cobb-Hunter
Cooper           Corning          Cromer
Davenport        Delleney         Elliott
Fair             Farr             Felder
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Haskins
Hines            Hodges           Holt
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       Mattos           McAbee
McCraw           McElveen         McKay
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Quinn            Rhoad
Richardson       Riser            Robinson
Rogers           Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stoddard         Stone            Stuart
Sturkie          Townsend         Trotter
Tucker           Vaughn           Waites
Waldrop          Walker           Wells
Printed Page 3447 . . . . . Tuesday, March 15, 1994
Whipper          White            Wilder, D.
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 Tuesday,
March 15.
B. Hicks Harwell         William S. Houck, Jr.
Roger M. Young           Harold G. Worley
Morgan Martin            Lindsey O. Graham
Grady A. Brown           Donald W. "Don" Beatty

Total Present--117

DOCTOR OF THE DAY

Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of Concurrent Resolutions adopted by both Houses.

ADDRESS BY MISS USA 1994, FRANCES LOUISE PARKER

The Reading Clerk of the House read the following Concurrent Resolution:

S. 1241 -- Senators Richter, 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, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MISS FRANCES LOUISE PARKER OF CHARLESTON UPON BEING CHOSEN MISS USA 1994 AND TO EXTEND AN INVITATION TO MISS PARKER TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:15 P.M. ON TUESDAY, MARCH 15, 1994.

Printed Page 3448 . . . . . Tuesday, March 15, 1994
Miss USA, Frances Louise Parker, and distinguished party were escorted to the rostrum by Senators Richter, Matthews, Cork and Washington and Representatives McTEER, WHITE, A. YOUNG and HARRELL.

Senator Richter presented Miss USA with a framed copy of the resolution.

Lt. Governor Theodore introduced Miss USA, Lou Parker, who addressed the Joint Assembly as follows:

"Thank you very much, thanks Lt. Governor Theodore...I didn't realize that they were going to be wearing my favorite color, purple. It seems like everyone in the State House has purple on, so I am very impressed and very happy that you wore my favorite color today without even knowing it. I am so glad to be here, especially to be able to speak to such a distinguished group of men and women. I'm also proud to be speaking on the birthday of Andrew Jackson, seventh President of the United States which I thought was very interesting and I am very proud to be here in the State of South Carolina. I think I am a product of this State. I was speaking with my father on the way up here this morning. I think it is very interesting when I think back on everything that I have done and the by product of myself from this State. I was born in Anderson, which I frequently visit because my boyfriend's home is in Anderson and his wonderful parents, Dr. B. C. McConnell. Then, my father was born in York and attended Wofford. My stepfather was born in Estill, South Carolina and still resides there and attended Clemson. Can't say much there. Just kidding. I am a big Gamecock fan. My mother is probably the biggest fanatical Gamecock fan that Columbia has, so be proud of that. My brother is very interested in attending law school at Carolina so he is very interested in the Columbia area. It is just overall, when I think of my family, my friends, my education, I reflect back on South Carolina. It is very overwhelming and very warm. I teach in the public school systems in South Carolina and I attended the public school systems and grew up in Charleston and in Estill, South Carolina. So, I am very proud to be here once again. I come today to you to, not only as Miss USA and not only as the Executive Director of a non-profit organization entitled H.A.T.S., but as an educator who is very concerned with our teens, not only in South Carolina, not only in America, but all over the world. As a ninth grade English teacher, I see pains. I see so many teens that are trying to get somewhere in life. They are really, truly, willing to work hard but yet they are not given the chance because they are not taught self esteem and self values. They are lost. They are willing, but they need

Printed Page 3449 . . . . . Tuesday, March 15, 1994
somebody like you as parents, as lawmakers, as educators to allow them to have programs and allow them to have an educational system in America to make something of themselves. There are two things today that I want to talk to you about, violence and self esteem. I think that what is happening in the school system today is indicative of what is happening in our society. So many teens are lost in the fact that they are not given the chance to excel so they turn to violence. When I was a high school senior or junior, I never thought about going to school and being worried about being shot or being raped. It is just very hard for me to look at these beautiful teens and worry about them waking up every morning and of course, you are parents, you have teens that go to school or elementary students that go to school and you worry about their peers bringing a gun to school. That is just very, very scary and we, as educators and as lawmakers have got to really put our minds together and come up with some programs to really support the educational system here in America. You have got this wonderful room and wonderful brains to sit down and say that there is so much that we can do for these teens and there are so many programs that we can begin. I was fortunate enough to begin a program titled H.A.T.S., which is a peer counseling group where the teens come together and work together to educate one another on aids, on pregnancy, on violence with advice from an advisor but they are the ones who are making these decisions. I am not the only one out there who has done that, though. There are hundreds of educators in this State and across America who give overtime to help those teens. They come to school everyday working diligently from here, from the heart, to really make a difference to those teens. So, when you are in here and you are having to cut programs and having to say that this needs to go and that needs to go for this reason, remember that when you cut that program because of funds, you are cutting their lifeline to survival. Just remember that and it maybe your child who is five years old or your grandchild that is five years old and won't have the opportunity to have a program such as that when they get old enough. I would like to end with a quote from President Sanders from the College of Charleston who spoke at a graduation in December that I was able to attend because my roommate graduated in December and he said, `The future is not an achievement, but it is something that must be earned,' and I totally agree with him. I ask for you to take your knowledge and your future, and your past and come together to open those doors for those teens so that they can survive and maybe one day a few of them can sit in the chairs that you are sitting in today. Thank you for the warm welcome and I hope I get to meet
Printed Page 3450 . . . . . Tuesday, March 15, 1994
individually with all of you, if not, maybe one day in the future, and as they say in L.A., my new home, let's do lunch!"

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