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 4530, Apr. 13 | Printed Page 4550, Apr. 14 |

Printed Page 4540 . . . . . Thursday, April 14, 1994

Thursday, April 14, 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:

Our Heavenly Father, as we turn to this altar of Prayer, cause us to see it as a pavilion of Your peace. We are fearful when we think of our children's inheritance from our blundering efforts. Give us, then, a right judgment in all things. Make us so transparently just and fair that all which is false and every lurking evil may be banished by Your truths. Give us kind words, clean thoughts, and a steadfast trust in God, lest in foolish futility we attempt to build on sinking sands instead of upon Him Who is the eternal Rock of ages.

Hear our prayer offered in trust and thanksgiving. 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. G. BROWN moved that when the House adjourns, it adjourn in memory of Rev. A.D. Dennis, Sr., which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1769
Promulgated By Department of Social Services
Food Stamp Issuance
Received By Speaker April 13, 1994
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date March 20, 1995


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REPORTS OF STANDING COMMITTEE

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

Invitation of The S.C. Telephone Association for a reception, May 3, 1994, 6:00 P.M. - 10:00 P.M. at the State Fair Grounds in the Ellison Building.

The invitation was accepted.

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

Invitation of The S.C. Textile Manufacturers Association for a "Pride in America" reception, May 4, 1994, 6:00 P.M. - 8:00 P.M. at the Columbia Adam's Mark, formerly the Marriott.

The invitation was accepted.

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

Invitation of The Independent Banks of S.C. for a reception, May 10, 1994, 6:00 P.M. - 8:00 P.M. at the Summit Club.

The invitation was accepted.

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

Invitation of the Governor for a reception, May 17, 1994, 6:00 P.M. - 8:00 P.M. on the Mall at the Governor's Mansion.

The invitation was accepted.

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

Invitation of S.C. Department of Mental Health for a reception, May 18, 1994, 7:00 P.M. - 9:00 P.M. at the S.C. State Museum.

The invitation was accepted.

REPORTS OF STANDING COMMITTEES

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

H. 4758 -- Rep. Fulmer: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF INTERSTATE I-526 BETWEEN GENERAL WESTMORELAND BRIDGE AT THE ASHLEY RIVER


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AND U.S. HIGHWAY 17 THE THEODORE TOBIAS MAPPUS, JR., EXCHANGE.

Ordered for consideration tomorrow.

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

H. 4429 -- Rep. McElveen: A BILL TO AMEND SECTION 23-35-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS REGARDING FIREWORKS BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE THAT THE FIRE CHIEF OR HEAD OF FIRE SERVICES OF ANY COUNTY OR MUNICIPALITY TEMPORARILY MAY BAN THE USE OF FIREWORKS IN THAT JURISDICTION IF OTHERWISE PERMITTED WHEN WEATHER CONDITIONS OR OTHER CONDITIONS REQUIRE, TO PROVIDE THAT THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY MUST CONFIRM THE TEMPORARY BAN AT ITS NEXT REGULARLY SCHEDULED MEETING BY EMERGENCY ORDINANCE OR TERMINATE THE BAN, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE EMERGENCY ORDINANCE.

Ordered for consideration tomorrow.

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

H. 4756 -- Reps. Waites, Inabinett, Moody-Lawrence, Graham, Whipper, Waldrop, Neilson, Scott, Snow, Shissias, Harrelson, Breeland, Govan, Neal, Corning, Rudnick, Rogers, Thomas, Riser and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32 SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320,


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RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER.

Ordered for consideration tomorrow.

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

H. 4741 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.

Ordered for consideration tomorrow.

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

H. 4969 -- Reps. Lanford, Holt, Marchbanks, Inabinett, Jaskwhich, R. Smith, Haskins, Hines, Simrill, Neilson, Stone, Moody-Lawrence, Robinson, Trotter, Beatty, Farr, McMahand, Chamblee, Baker, Cato, Worley, Huff, Stoddard, Riser, Davenport, Breeland, McTeer, Byrd, Govan, D. Smith, Whipper, Wright, Richardson, Koon, McLeod, and Thomas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, COLD, OR INCLEMENT WEATHER ARE 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.

Ordered for consideration tomorrow.

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

H. 5027 -- Reps. Breeland, Waldrop, Holt, Hallman, Inabinett, Fulmer, Jaskwhich, J. Bailey, Spearman, Govan, McMahand, Scott, Whipper, White, Kennedy, Law, Anderson, Williams, G. Bailey, Hines, Phillips, Harrell, Byrd, Keyserling, J. Brown and Canty: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT


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PROGRAM, SO AS TO FURTHER PROVIDE FOR CERTAIN OPTIONS WHICH MUST BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM, INCLUDING A REQUIREMENT THAT A SUMMER TESTING OF THE EXIT EXAM FOLLOWING A SUMMER REMEDIATION PROGRAM MUST BE OFFERED TO THESE STUDENTS.

Ordered for consideration tomorrow.

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

H. 4932 -- Reps. Jaskwhich, Phillips, Allison, Farr, Wright, Keegan, Kelley, Stille, Littlejohn, Byrd, Anderson, McMahand and Stuart: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF MANDATORY FULL-DAY PUBLIC KINDERGARTENS IN SOUTH CAROLINA, TO PROVIDE THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE APPOINTED BY THE STATE DEPARTMENT OF EDUCATION AND SHALL INCLUDE REPRESENTATIVES OF CERTAIN PUBLIC AND PRIVATE AGENCIES AND ENTITIES, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE RESPECTIVE EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY BY MARCH 1, 1995.

Ordered for consideration tomorrow.

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

H. 4656 -- Reps. T.C. Alexander, Allison, Barber, Baxley, H. Brown, Chamblee, Davenport, Fulmer, Gonzales, Hallman, J. Harris, Harwell, Hutson, Jennings, Keyserling, Kinon, Lanford, McAbee, McKay, Rudnick, Scott, D. Smith, Stoddard, Wells, Whipper, Wright, A. Young, Stuart and Wofford: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS


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COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5080 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY NATIONAL ALUMNI ASSOCIATION, INC., ON ITS OUTSTANDING ACTIVITIES AND ENDEAVORS TO PROMOTE SOUTH CAROLINA STATE UNIVERSITY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5081 -- Rep. Anderson: A CONCURRENT RESOLUTION TO RECOGNIZE DR. JAMES LUTHER BULLARD AND TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR HIS DEDICATED SERVICE AND DEEDS RENDERED TO THE CITIZENS OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 5082 -- Rep. Harrison: A CONCURRENT RESOLUTION TO CONGRATULATE THE DREHER HIGH SCHOOL GIRLS' VARSITY BASKETBALL TEAM UPON WINNING THE 1994 CLASS AAA STATE CHAMPIONSHIP AND TO GRANT COACH JOE SOLTISH AND THE LADY BLUE DEVILS' CAPTAIN THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 21, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the General Assembly were delighted to learn that the Dreher High School Girls' Basketball Team recently won the 1994 Class AAA State Championship; and


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Whereas, by defeating the Seneca team by a score of 55 to 40, with 26 straight wins, and finished the season 26 to 2; and

Whereas, this basketball team brought great pride not only to the students attending the school, but to the community in which it is located; and

Whereas, the hardwork and determination that these players exemplified will serve as a tribute to them in the years to come. Now, therefore,

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

That the members of the General Assembly congratulate the Dreher High School's Girls Varsity Basketball Team upon winning the 1994 Class AAA State Championship.

Be it further resolved that Head Coach Joe Soltish and the Lady Blue Devils' Captain be granted the privilege of the floor of the House of Representatives on Thursday, April 21, 1994, at a time to be determined by the Speaker.

Be it further resolved that a copy of this resolution be forwarded to Coach Joe Soltish and the Principal, Rae J. McPherson, of Dreher High School.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5083 -- Rep. G. Brown: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF REVEREND A. D. DENNIS, SR., PASTOR OF THE MOUNT PISGAH BAPTIST CHURCH IN REMBERT FOR THE PAST FIFTY-TWO YEARS AND PASTOR OF JOSHUA BAPTIST CHURCH IN DALZELL FOR THIRTY YEARS, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1349 -- Senator Land: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS


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AND ADMIRERS OF JAMES E. MAYES OF SUMTER WHO DIED MONDAY, APRIL 4, 1994.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1352 -- Senators 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, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JAMES (JIM) ROBERT MELTON, SENATE SERGEANT AT ARMS OF THE STATE OF SOUTH CAROLINA, RICHLAND COUNTY, ON BEING NAMED PRESIDENT OF THE NATIONAL LEGISLATIVE SERVICES AND SECURITY ASSOCIATION.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was introduced:

H. 5107 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MRS. FRANCES DUCWORTH LYLES OF ANDERSON UPON HER DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5108 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DR. J. J. MALNATI OF


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NEWBERRY FOR HIS INDUCTION INTO THE SOUTH CAROLINA DAIRY HALL OF FAME.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5109 -- Reps. Spearman, McAbee, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION CONGRATULATING JIM DAVIS, HEAD COACH OF THE CLEMSON UNIVERSITY WOMEN'S BASKETBALL TEAM, ON BEING NAMED ATLANTIC COAST CONFERENCE COACH OF THE YEAR FOR 1994.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5110 -- Reps. Spearman, Riser, Sturkie, Gamble, Stuart, Wright and Koon: A CONCURRENT RESOLUTION CONGRATULATING JESSICA BARR OF LEXINGTON COUNTY, STAR PLAYER ON THE CLEMSON UNIVERSITY WOMEN'S BASKETBALL TEAM, ON


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BEING SELECTED AS THE ATLANTIC COAST CONFERENCE PLAYER OF THE YEAR FOR 1994.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5111 -- Reps. Wells, Allison, Vaughn, D. Smith, Davenport, Lanford, Beatty, D. Wilder, Walker and Littlejohn: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM J. WHITENER FOR HIS EXEMPLARY SERVICE AS INTERIM CHANCELLOR OF THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG FROM 1993 THROUGH JUNE, 1994.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5112 -- Rep. Boan: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO CONSIDER MAINTAINING THE CURRENT ALLOCATION SYSTEM FOR THE STATE REVOLVING FUND CAPITALIZATION GRANTS WHICH IS PROPOSED TO BE CHANGED AS A PART OF S.1114 PRESENTLY PENDING BEFORE THE UNITED STATES SENATE.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The following was introduced:

H. 5120 -- Rep. McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY 23 AS "R. CLARK DUBOSE HIGHWAY".

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


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