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 3680, Mar. 22 | Printed Page 3700, Mar. 23 |

Printed Page 3690 . . . . . Tuesday, March 22, 1994

ADJOURNMENT

At 2:22 P.M. the House in accordance with the motion of Rep. McKAY adjourned in memory of Walter D. "Red" Tyler, his father-in-law, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 3691 . . . . . Wednesday, March 23, 1994

Wednesday, March 23, 1994

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

O God, found by those who seek You, known by those who love You, and seen by those possessed with faith, before we go into the work of this day, we would lift our prayer to You asking divine guidance. We confess that when we tread the path of clutching duty, we often fail to see high enough or far enough. Teach us that we find the way out of confusion of the world when we look to You Who pierces the horizons of darkness to gladden our searching visions.

So may we always "lift our eyes unto the hills from whence comes our help". Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. KINON moved that when the House adjourns, it adjourn in memory of M. Coy Jackson of Dillon, which was agreed to.


Printed Page 3692 . . . . . Wednesday, March 23, 1994

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

March 9, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The Medical University of South Carolina and Citizens for Nuclear Technology Awareness are extending an invitation to members of the South Carolina General Assembly to attend a special seminar on radiation on Wednesday, April 13, 1994, at 1:30 P.M.

The seminar will be held at the Capital City Club in the AT&T Building at Main and Gervais Streets. Light refreshments will be provided.

Dr. James Edwards, president of the Medical University of South Carolina, and Dr. Fred C. Davison, chairman of the board of directors of Citizens for Nuclear Technology Awareness, will serve as hosts for this event.

Our purpose is to share basic information with members of the Legislature concerning radiation, its manmade and natural sources, and its effects on human health. The information will be presented by representatives of the Medical University. We also anticipate having brief talks by two invited members of the Legislature.

This topic is a very important one in South Carolina because of this state's heavy reliance on nuclear energy -- both for jobs and electricity.

We respectfully request that this event be placed on the official Legislative Calendar at which time we will issue a formal letter of invitation to each member.

Thank you for your assistance.

Sincerely,
W.C. Reinig
Chairman
CNTA Education Committee


Printed Page 3693 . . . . . Wednesday, March 23, 1994

REPORTS OF STANDING COMMITTEE

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

H. 4928 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY S-17-45 AS "LESTER JACKSON HIGHWAY".

Ordered for consideration tomorrow.

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

H. 4930 -- Reps. Davenport, Wilkes, Witherspoon, Harrelson, Stone, G. Brown, Hallman, Spearman, T.C. Alexander, Corning, McKay, Riser, Thomas, Kelley, Stille, Walker, R. Smith, Baker, Wofford, Littlejohn, Gamble, Cato, Robinson, Kirsh, Graham, Waites, Anderson and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE FEDERAL GOVERNMENT FROM INCREASING COSTS OF THE STATES BY REDUCING THE PROPORTION OF FEDERAL FUNDS TO THE STATES OR REQUIRING NEW OR INCREASED COSTS FOR MANDATED ACTIVITIES OR SERVICES WITHOUT FUNDING.

Ordered for consideration tomorrow.

REPORTS OF STANDING COMMITTEE

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

Invitation of The Association of Citadel Men for barbecue, April 5, 1994, 6:00 P.M., in the Cantey Building on the State Fairgrounds.

The invitation was accepted.

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

Invitation of The S.C. Arts Commission for breakfast, April 6, 1994, 8:00 A.M. - 9:00 A.M. at the Ramada Town House.

The invitation was accepted.


Printed Page 3694 . . . . . Wednesday, March 23, 1994

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

Invitation of Home Builders Association of S.C. for annual Bird Supper, April 6, 1994, cocktails - 6:30 P.M.; dinner - 7:15 P.M., in the Moore Building, State Fairgrounds.

The invitation was accepted.

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

Invitation of S.C. Association of Ferret Lovers for a breakfast drop-in, April 7, 1994, 9:00 A.M. - 10:00 A.M., in the State House lobby.

The invitation was accepted.

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

Invitation of The Clemson University Division of Agriculture and Natural Resources for dinner, April 12, 1994, 6:00 P.M. at the Women's Club of Columbia, 1703 Blossom Street, Columbia.

The invitation was accepted.

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

Invitation of Governor's Community Improvement Board and S.C. Clean and Beautiful for a breakfast drop-in, April 13, 1994, 8:00 A.M. -9:30 A.M., in Room 208 Blatt Building.

The invitation was accepted.

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

Invitation of S.C. Summary Court Judges Association for a reception, April 13, 1994, 6:00 P.M. - 9:00 P.M. at the State Fairgrounds.

The invitation was accepted.

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

Invitation of S.C. Farm Bureau Federation for a reception, April 19, 1994, 6:00 P.M. - 7:30 P.M. at the Sheraton Hotel.

The invitation was accepted.


Printed Page 3695 . . . . . Wednesday, March 23, 1994

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

Invitation of The Advisory Board of the S.C. Agricultural Experiment Station System for a reception, April 26, 1994, 6:00 P.M. - 8:00 P.M. at the Lace House in the Governor's Mansion Complex.

The invitation was accepted.

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

Invitation of S.C. Bankers Association (Young Bankers Division) for annual Legislative Oyster Roast, April 27, 1994, 6:00 P.M. at the Sterling Garden Center.

The invitation was accepted.

REPORTS OF STANDING COMMITTEES

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4362 -- Reps. T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Waites, Wells, Whipper, White, Wilkins, Williams, Witherspoon, Wright, R. Young, Vaughn, Fulmer, Littlejohn, Breeland, Elliott, Walker and Inabinett: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4493 -- Reps. J. Bailey, Corning, McElveen, Quinn and Scott: A BILL TO AMEND SECTION 37-4-203, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT INSURANCE, FILING AND APPROVAL OF RATES AND FORMS, AND CREDIT LIFE INSURANCE PREMIUMS, SO AS TO


Printed Page 3696 . . . . . Wednesday, March 23, 1994

INCREASE THE MINIMUM CHARGE, AND DECREASE THE RATE CHARGED FOR CREDIT LIFE INSURANCE IN CERTAIN CATEGORIES.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4596 -- Rep. Hodges: A BILL TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, SO AS TO ADD TO THE DEFINITION OF "PUBLIC UTILITY" BY PROVIDING THAT THE TERM INCLUDES EVERY CORPORATION AND PERSON DELIVERING NATURAL GAS DISTRIBUTED OR TRANSPORTED BY PIPE, AND DELETE THE WORD "GAS" FROM THE DEFINITION; AND TO AMEND SECTION 58-5-240, AS AMENDED, RELATING TO GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, FILING SCHEDULES OF PROPOSED RATES, AND THE EFFECTIVE DATE THE SAME, SO AS TO PROVIDE THAT WHEN CERTAIN CONDITIONS EXIST OR THE PUBLIC SERVICE COMMISSION MAKES CERTAIN DETERMINATIONS, A RATE OF RETURN DOES NOT HAVE TO BE CALCULATED IF THE RATE IS DETERMINED TO BE JUST AND REASONABLE.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4795 -- Reps. M.O. Alexander, Cato, Sharpe, R. Smith and A. Young: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THIS FUND ENSURES PAYMENT OF WORKERS' COMPENSATION BENEFITS TO THE EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY QUALIFIED AS SELF-INSURERS IF SECURITY POSTED BY THE INDIVIDUAL SELF-INSURER PROVES INADEQUATE TO PAY EXISTING CLAIMS, PROVIDE THAT THIS FUND, UNDER CERTAIN


Printed Page 3697 . . . . . Wednesday, March 23, 1994

CONDITIONS, ALSO ENSURES THE PAYMENT OF WORKERS' COMPENSATION BENEFITS TO EMPLOYEES OF COMPANIES WHICH WERE PREVIOUSLY PARTICIPANTS IN GROUP SELF-INSURANCE FUNDS, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 940 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 39-73-315 AND 39-73-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMODITY CODE, SO AS TO DELETE THE PROVISIONS CONTAINING REFERENCES TO INCORRECT SECTIONS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 1221 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CPA CANDIDATE EXPERIENCE; RECIPROCITY WITH OTHER JURISDICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1684, PURSUANT TO THE


Printed Page 3698 . . . . . Wednesday, March 23, 1994

PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 4826 -- Reps. Allison and Lanford: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, SO AS TO AUTHORIZE A SUBSISTENCE ALLOWANCE EQUAL TO THE LESSER OF ACTUAL EXPENSES OR ONE HUNDRED DOLLARS A DAY.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 1107 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1648, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4960 -- Reps. Quinn and J. Brown: A CONCURRENT RESOLUTION TO RECOGNIZE MR. GARY T. GEDDENS, PRINCIPAL OF COLUMBIA HIGH SCHOOL, UPON BEING NAMED THE "ADMINISTRATOR OF THE YEAR" BY THE SOUTH CAROLINA ASSOCIATION OF STUDENT COUNCILS AT THE WINTER MEETING OF THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS, TO INVITE HIM TO VISIT THE HOUSE OF REPRESENTATIVES WEDNESDAY, APRIL 6, 1994, AND TO EXTEND TO HIM THE PRIVILEGE OF THE HOUSE


Printed Page 3699 . . . . . Wednesday, March 23, 1994

FLOOR AT AN APPROPRIATE TIME ON THAT DATE FOR THE PURPOSE OF BEING RECOGNIZED.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4961 -- Reps. Gamble, Wright, Stuart, Koon, Sturkie, Riser and Spearman: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. VERNA LEONA "TINCY" P. SETZLER OF WEST COLUMBIA, MOTHER OF OUR FRIEND AND COLLEAGUE, THE HONORABLE NIKKI G. SETZLER, UPON HER DEATH.

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

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 4962 -- Rep. Keyserling: A HOUSE RESOLUTION TO RECOGNIZE MARCH 26, 1994, AS THE 120-YEAR INCORPORATION DAY CELEBRATION OF THE TOWN OF PORT ROYAL, SOUTH CAROLINA.

Whereas, records of the earliest explorers establish that the site of the present Town of Port Royal has been occupied with very few breaks in continuity by white settlers from 1566 up to the present; and

Whereas, according to these records, beginning in 1566 Port Royal was the site of the Spanish forts of San Felipe (1566-76) and San Marcos (1577-on) with a continuous existence up to 1674; and

Whereas, while there are many other historical references to Port Royal Harbor over the next two hundred years, the Town of Port Royal was not as prominent during that time as in the early settlement days when the government of the Carolina colony was not by township or county but was centralized at the seat of the colony which had moved in the late 1670's to Charles Town; and

Whereas, William Sayle arrived with two ships at Port Royal in 1670, was appointed Governor of this English colony, and began the first settlement of the English proprietors in the Province of South Carolina at Port Royal; and


| Printed Page 3680, Mar. 22 | Printed Page 3700, Mar. 23 |

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