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 4721, Apr. 19 | Printed Page 4740, Apr. 20 |

Printed Page 4731 . . . . . Wednesday, April 20, 1994

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: A BILL TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:

S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE


Printed Page 4732 . . . . . Wednesday, April 20, 1994

CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:

S. 907 -- Senators Passailaigue, McConnell and Giese: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY AUTHORITY TO LEVY BUSINESS LICENSE TAXES ON INSURANCE COMPANIES SO AS TO EXPRESSLY PROHIBIT COUNTIES FROM LEVYING BUSINESS LICENSE TAXES ON INSURANCE COMPANIES.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:

S. 1189 -- Senators Elliott, Rankin, Courtney, Reese, Waldrep, Short, Peeler, McGill, Glover, Lander, Mescher, Washington, Holland, Drummond, O'Dell, Russell, Giese and Leventis: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS, BY ADDING CHAPTER 46 SO AS TO ENACT THE "TELEPHONE COOPERATIVE ACT"; AND TO AMEND SECTION 33-45-20, RELATING TO COOPERATIVE ASSOCIATIONS AND RESTRICTIONS ON USE OF THE TERM "COOPERATIVE", SO AS TO PERMIT THE USE OF THAT TERM BY CORPORATIONS AS PART OF THEIR CORPORATE OR OTHER BUSINESS NAME OR TITLE IF SUCH CORPORATIONS ARE INCORPORATED UNDER CHAPTER 46 OF TITLE 33.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5143 -- Reps. Rudnick, 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, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Corning, Cromer,


Printed Page 4733 . . . . . Wednesday, April 20, 1994

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, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, 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 EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TONI LYNN CARNELL OF WARE SHOALS, DAUGHTER OF OUR DEAR FRIEND AND COLLEAGUE, REPRESENTATIVE MARION CARNELL, AND EXTENDING DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.

Whereas, Toni Lynn Carnell of Ware Shoals died on April 16, 1994, at the age of thirty-five; and

Whereas, she was the daughter of our dear friend and colleague, Representative Marion Carnell; and

Whereas, she attended Lander College and Piedmont Technical School; and

Whereas, she was a former employee of Emerald Center and was a member of First Baptist Church of Ware Shoals; and

Whereas, we received the news of Ms. Carnell's death with profound sorrow, and we want Representative Carnell and the members of his family to know that they are uppermost in our thoughts and prayers and have our deepest sympathy. Now, therefore,

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express profound sorrow at the death of Toni Lynn Carnell of Ware Shoals, daughter of our dear friend and colleague, Representative Marion Carnell, and extend deepest sympathy to her family and many friends.


Printed Page 4734 . . . . . Wednesday, April 20, 1994

Be it further resolved that a copy of this resolution be forwarded to Ms. Carnell's family.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5144 -- Reps. Rudnick, 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, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, 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 EXPRESSING SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CARL D. BRUCE OF CAMPOBELLO, FATHER OF THE HONORABLE DANNY BRUCE, READING CLERK OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO MR. BRUCE'S FAMILY AND MANY FRIENDS.

Whereas, Carl David Bruce of Campobello died on April 15, 1994, at the age of eighty-seven; and

Whereas, he served on the Campobello Town Council for twenty years, was a member of First Baptist Church of Campobello, and was the father of the Honorable Danny Bruce, Reading Clerk of the House of Representatives; and

Whereas, we want all the members of the Bruce family to know that we are deeply saddened and that they are in our thoughts and prayers during this difficult time. Now, therefore,


Printed Page 4735 . . . . . Wednesday, April 20, 1994

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

That the members of the General Assembly of the State of South Carolina, by this resolution, express sorrow at the death of Carl D. Bruce of Campobello, father of the Honorable Danny Bruce, Reading Clerk of the House of Representatives, and extend sympathy to Mr. Bruce's family and many friends.

Be it further resolved that a copy of this resolution be forwarded to the family of Mr. Carl D. Bruce.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5145 -- Reps. J. Harris, Jaskwhich, Spearman, H. Brown, Rogers and D. Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND GUY F. LIPSCOMB, A RETIRED INDUSTRIALIST AND ARTIST ON BEING RECENTLY NAMED TO THE SOUTH CAROLINA BUSINESS HALL OF FAME.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1283 -- Senator Elliott: A CONCURRENT RESOLUTION DESIGNATING JULY 16, 1994, AS "ATOMIC VETERANS DAY" IN SOUTH CAROLINA.

Whereas, July 16, 1945 is the day when the first atomic bomb was exploded; and

Whereas, on August 6, 1945, the first wartime atomic bomb was dropped on Hiroshima, and, on August 9, 1945, the second wartime atomic bomb was dropped on Nagasaki; and

Whereas, half a million United States service personnel were involved in the atmospheric nuclear testing of the 1940's, 1950's, and 1960's, according to the latest figures available; and

Whereas, the General Assembly feels certain recognition is in order to honor and remember the service personnel who were thus involved. Now, therefore,


Printed Page 4736 . . . . . Wednesday, April 20, 1994

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

That the General Assembly of the State of South Carolina, by this resolution, designates July 16, 1994, as "Atomic Veterans Day" in South Carolina.

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

CONCURRENT RESOLUTION

The following was introduced:

S. 1375 -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE 1994 AS A CRITICAL YEAR FOR DETERMINING THE FUTURE DIRECTION OF THE EDISTO RIVER BASIN AND TO DECLARE 1994 AS THE "YEAR OF THE EDISTO".

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

INTRODUCTION OF BILLS

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

S. 245 -- Senators Macaulay, Peeler, McConnell, Martin, Ford, Thomas, Williams and Leatherman: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLISION, COMPREHENSIVE, FIRE, THEFT, AND COMBINED ADDITIONAL MOTOR VEHICLE LIABILITY INSURANCE COVERAGE, SO AS TO MAKE IT OPTIONAL FOR INSURERS TO OFFER COLLISION COVERAGE AND EITHER COMPREHENSIVE OR FIRE, THEFT, AND COMBINED ADDITIONAL COVERAGE; TO PROVIDE THAT ALL INSURERS WRITING SINGLE INTEREST COLLISION COVERAGE SHALL PROVIDE AN APPLICANT FOR THIS INSURANCE WITH A CERTAIN NOTICE THAT MUST BE SIGNED BY THE APPLICANT; AND TO PROVIDE THAT ALL INSURERS SHALL SUBMIT RATE FILINGS WITHIN TWELVE MONTHS FOLLOWING THE EFFECTIVE DATE OF THIS ACT WHICH MUST REFLECT THE RATE DECREASES, IF ANY, ATTRIBUTABLE TO THE PASSAGE OF THIS ACT.

Referred to Committee on Labor, Commerce and Industry.


Printed Page 4737 . . . . . Wednesday, April 20, 1994

S. 1287 -- Senators Richter and Stilwell: A BILL TO AMEND SECTION 43-35-55, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT OFFICERS TAKING VULNERABLE ADULTS IN A LIFE THREATENING SITUATION INTO PROTECTIVE CUSTODY, SO AS TO TRANSFER THE DUTIES IMPOSED BY THIS SECTION UPON THE CIRCUIT SOLICITOR TO THE DEPARTMENT OF SOCIAL SERVICES.

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

S. 1346 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENTS THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

Referred to Committee on Judiciary.

ROLL CALL

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

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Bailey, J.
Barber           Beatty           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Cato             Chamblee
Cobb-Hunter      Cooper           Corning
Delleney         Fair             Farr
Fulmer           Gamble           Graham
Hallman          Harrell          Harrelson
Harris, J.       Harris, P.       Harrison
Harwell          Hines            Hodges
Holt             Hutson           Inabinett
Keegan           Kelley           Kennedy
Kinon            Kirsh            Lanford
Littlejohn       Marchbanks       Mattos

Printed Page 4738 . . . . . Wednesday, April 20, 1994

McAbee           McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Richardson       Riser
Robinson         Rudnick          Scott
Sharpe           Sheheen          Simrill
Smith, D.        Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Thomas
Townsend         Trotter          Tucker
Vaughn           Waites           Walker
Wells            Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Williams         Witherspoon
Wofford          Worley           Wright
Young, A.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, April 20. Roger M. Young James N. Law William S. Houck, Jr. Harry R. Askins Douglas Jennings, Jr. William D. Keyserling Timothy F. Rogers Richard M. Quinn, Jr. Larry L. Elliott Terry E. Haskins James L.M. Cromer, Jr. E. DeWitt McCraw Michael F. Jaskwhich Dave C. Waldrop, Jr. Dell Baker H. Howell Clyborne, Jr. J. Michael Baxley Morgan Martin Stephen E. Gonzales Ralph W. Canty G. Ralph Davenport, Jr. June S. Shissias John G. Felder E.B. McLeod, Jr. C. Lenoir Sturkie Thomas E. Huff Larry L. Koon Alma W. Byrd Joseph T. McElveen, Jr. Jerry N. Govan, Jr. James S. Klauber

Total Present--122


Printed Page 4739 . . . . . Wednesday, April 20, 1994

DOCTOR OF THE DAY

Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. WRIGHT, RISER and STILLE recognized the Irmo High School Boys Basketball team, winners of the 1994 Class AAAA State Championship, their coaches and school officials.

H. 5114--POINT OF ORDER

The following Bill was taken up.

H. 5114 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.

POINT OF ORDER

Rep. STUART raised the Point of Order that the Bill was out of order as local legislation and should be statewide legislation.

The SPEAKER stated that it did appear that one of the sections of the Bill was not restricted totally to Lexington County by its language under Section 4 and he sustained the Point of Order and ordered the Bill moved to Third Reading Statewide.


| Printed Page 4721, Apr. 19 | Printed Page 4740, Apr. 20 |

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