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 50, Jan. 11 | Printed Page 70, Jan. 12 |

Printed Page 60 . . . . . Wednesday, January 12, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 4441 -- Reps. Rudnick, Thomas, Haskins, Kirsh, Corning, Klauber, Riser, Quinn, Neal, Keyserling, Askins, Holt, Cobb-Hunter, G. Brown, Robinson, Neilson, Whipper, Jaskwhich, McLeod, Farr, Elliott, M.O. Alexander, Davenport, Stille, Wells, Littlejohn, Huff, G. Bailey, Moody-Lawrence, Law, Baker, Vaughn, D. Smith, Lanford and Canty: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF EDWIN H. COOPER OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1006 -- Senators Courson, Bryan, Cork, 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 INVITING HIS EXCELLENCY, CARROLL A. CAMPBELL, JR., GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 19, 1994.

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

That His Excellency, Carroll A. Campbell, Jr., Governor of the State of South Carolina, is invited to address the General Assembly in joint


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session at 7:00 p.m. on Wednesday, January 19, 1994, in the Hall of the House of Representatives.

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. 1007 -- Senator Setzler: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF DR. H. COOPER BLACK, JR., DISTINGUISHED SURGEON AND PROFESSOR, UPON HIS DEATH DURING THE LEGISLATIVE INTERIM.

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. 1008 -- Senators Giese, Passailaigue and Glover: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE THE CAROLINA HOME INJURY PREVENTION FOR SENIORS PROJECT FOR ITS CONTRIBUTIONS TO THE HEALTH AND SAFETY OF OUR ELDERLY CITIZENS AND TO HONOR AND THANK THE MANY VOLUNTEERS WHO HAVE GIVEN SO GENEROUSLY OF THEIR TIME AND MANPOWER TO THIS PROJECT.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1004 -- Senator Leventis: A CONCURRENT RESOLUTION TO CONGRATULATE THE CONGREGATION OF BEULAH AFRICAN METHODIST EPISCOPAL CHURCH ON ITS ACCOMPLISHMENTS AND EXTEND BEST WISHES UPON ITS EXISTENCE OVER THE PAST ONE HUNDRED TWENTY-FIVE YEARS (CENTUM VIGINTI QUINQUE).

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


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CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1003 -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE ONE OF SOUTH CAROLINA'S MOST SUCCESSFUL AND RESPECTED BUSINESSES, THE R. L. BRYAN COMPANY, UPON THE OCCASION OF ITS ONE HUNDRED FIFTIETH ANNIVERSARY AND TO EXPRESS THE BEST WISHES OF THE GENERAL ASSEMBLY TO THE R. L. BRYAN COMPANY AND EACH OF ITS EMPLOYEES FOR CONTINUED SUCCESS IN THE FUTURE.

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. 1005 -- Senator Ford: A CONCURRENT RESOLUTION TO RECOGNIZE MRS. MARJORIE AMOS-FRAZIER ON THE OCCASION OF HER RETIREMENT FROM THE PUBLIC SERVICE COMMISSION.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4442 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JOHN BERRY SIMMONS OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4443 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS' CROSS COUNTRY TEAM OF T.L.


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HANNA HIGH SCHOOL OF ANDERSON ON WINNING THE 1993 COMBINED CLASS AAA-AA-A STATE CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4444 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MRS. HALEY SITTON OF SANDY SPRINGS, ANDERSON COUNTY, ON RECEIVING THE OUTSTANDING CONTINUING EDUCATION PROFESSIONAL AWARD.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4445 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MARVIN-JOE MERCK OF CLEMSON ON RECEIVING THE SOUTH CAROLINA THEATRE ASSOCIATION'S FOUNDERS AWARD FOR 1992-93.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4446 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING MARY ANN MILLER OF ANDERSON COUNTY ON HER ELECTION AS VICE PRESIDENT OF THE BOARD OF THE SOUTH CAROLINA VICTIM ASSISTANCE NETWORK AND ON RECEIVING THE SILVER SCALES OF JUSTICE AWARD FOR HER OUTSTANDING WORK IN THIS AREA.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 4447 -- Reps. Tucker, Rogers and Waites: A CONCURRENT RESOLUTION TO REQUEST THE ATTORNEY GENERAL OF SOUTH CAROLINA, IN CONSULTATION WITH THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS AND OTHER NECESSARY STATE OFFICIALS, TO SEEK THAT RELIEF HE CONSIDERS APPROPRIATE AND ATTAINABLE FROM THE REQUIREMENTS OF THE CONSENT DECREE IN THE CASE OF NELSON V. LEEKE.

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

HOUSE RESOLUTION

The following was introduced:

H. 4448 -- Rep. Keegan: A HOUSE RESOLUTION URGING CHEVRON OIL CORPORATION TO ABIDE BY AND HONOR THE RETIREMENT BENEFITS GRANTED TO FORMER EMPLOYEES OF GULF OIL CORPORATION.

The Resolution was ordered referred to the Committee on Labor, Commerce and Industry.

HOUSE RESOLUTION

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

H. 4449 -- Rep. J. Brown: A HOUSE RESOLUTION TO AUTHORIZE THE LEGISLATIVE BLACK CAUCUS TO USE THE HALL OF THE HOUSE OF REPRESENTATIVES ON MONDAY, JANUARY 17, 1994, FOR THE OBSERVANCE OF THE BIRTHDAY OF THE REV. DR. MARTIN LUTHER KING, JR.

Be it resolved by the House of Representatives:

That the Hall of the House of Representatives may be used by the Legislative Black Caucus on Monday, January 17, 1994, for the observance of the birthday of the Rev. Dr. Martin Luther King, Jr. If the House is in statewide session, the Hall may not be used.

Be it further resolved that the State House security forces provide such assistance and access as is necessary for this observance in accordance with previous procedures.


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Be it further resolved that no expenses may be charged to the Legislative Black Caucus for the use of the Hall of the House of Representatives.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4450 -- Reps. Holt, Cobb-Hunter, Whipper, Neal, Waites, White, Shissias, Canty, J. Brown, Sturkie, Stille, Inabinett, Byrd, Breeland, Riser, Law, Koon, Williams, Meacham, Stuart, Corning and Lanford: A BILL TO ESTABLISH THE OFFENSE OF FALSE ADVERTISING WITH RESPECT TO PRODUCTS OR MERCHANDISE OFFERED FOR SALE IN THIS STATE, PROVIDE A PENALTY, AND REQUIRE THE DEPARTMENT OF CONSUMER AFFAIRS TO ADMINISTER AND ENFORCE THESE PROVISIONS BY APPROPRIATE REGULATIONS.

Referred to Committee on Judiciary.

H. 4451 -- Reps. Rudnick and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2647 SO AS TO IMPOSE AN ADDITIONAL FIVE PERCENT SALES TAX ON THE GROSS PROCEEDS OF THE SALE OF PISTOLS AND PROVIDE THAT THE REVENUE OF THE TAX MUST BE CREDITED TO THE GENERAL FUND OF THE STATE AND USED FOR LAW ENFORCEMENT PURPOSES.

Referred to Committee on Ways and Means.

H. 4452 -- Reps. R. Smith, Huff, Stone, Rudnick and Sharpe: A BILL TO PROVIDE THAT THE BEECH ISLAND WATER DISTRICT IN AIKEN COUNTY MAY CONTINUE TO SERVE PERSONS WHO WERE CUSTOMERS AS OF JANUARY 1, 1993.

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

H. 4453 -- Rep. Davenport: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS AND THEIR DUTIES AND FUNCTIONS; AND TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


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RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THE CODES AND THE CODE REQUIREMENTS ENFORCED BY COUNTIES AND MUNICIPALITIES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4454 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 TO TITLE 8 SO AS TO PROHIBIT ACTIVE PARTICIPATION IN PARTISAN POLITICAL MANAGEMENT OR IN PARTISAN POLITICAL CAMPAIGNS BY A PERSON EMPLOYED BY AN AGENCY OR INSTRUMENTALITY OF THE STATE OR BY A POLITICAL SUBDIVISION OF THE STATE WHOSE WAGES, SALARY, OR COMPENSATION IS PAID, IN WHOLE OR IN PART, BY STATE FUNDS, AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 4455 -- Rep. Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO IMPEACHMENT OF CERTAIN EXECUTIVE AND JUDICIAL OFFICERS OF THIS STATE BY ADDING SECTION 4, SO AS TO PROVIDE PROCEDURES FOR RECALLING AND REMOVING FROM PUBLIC OFFICE PERSONS HOLDING PUBLIC OFFICES OF THE STATE OR ITS POLITICAL SUBDIVISIONS IN THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE OR LOCAL GOVERNMENTS.

Referred to Committee on Judiciary.

H. 4456 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-160 SO AS TO PROHIBIT A CIVIL ACTION FOR PERSONAL INJURY DAMAGES OR WRONGFUL DEATH ARISING OUT OF CRIMINAL ACTIVITY COMMITTED BY THE PLAINTIFF.

Referred to Committee on Judiciary.


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H. 4457 -- Rep. Davenport: A BILL TO AMEND SECTION 5-3-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR REDUCTION OF CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO PROVIDE THAT THE REDUCTION MAY BE ACCOMPLISHED BY AN AFFIRMATIVE VOTE OF A MAJORITY OF THE QUALIFIED ELECTORS RESIDING IN THE AREA TO BE CUT OFF.

Referred to Committee on Judiciary.

H. 4458 -- Reps. Boan, Hodges, Clyborne and Kirsh: A BILL TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA REAL ESTATE COMMISSION WITHIN THE LIST OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS INCORPORATED IN AND ADMINISTERED AS PART OF THE DEPARTMENT AND TO CORRECT CERTAIN REFERENCES TO OTHER PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; TO AMEND SECTIONS 40-57-20, AS AMENDED, 40-57-50, 40-57-80, 40-57-90, AS AMENDED, 40-57-100, AS AMENDED, 40-57-110, AS AMENDED, 40-57-115, 40-57-120, 40-57-140, AS AMENDED, 40-57-155, 40-57-160, AS AMENDED, 40-57-170, AS AMENDED, 40-57-180, 40-57-190, 40-57-200, 40-57-210, AND 40-57-220, AS AMENDED, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, AND SECTIONS 40-60-20, AS AMENDED, 40-60-50, AS AMENDED, 40-60-60, AS AMENDED, 40-60-100, AS AMENDED, 40-60-120, AS AMENDED, 40-60-160, AS AMENDED, AND 40-60-170, AS AMENDED, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT, SO AS TO, AMONG OTHER THINGS, ABOLISH THE OFFICE OF REAL ESTATE COMMISSIONER AND DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THAT OFFICE UPON THE REAL ESTATE COMMISSION OR ITS CHAIRMAN OR UPON THE REAL ESTATE APPRAISERS BOARD OR THE BOARD'S CHAIRMAN, DELETE REFERENCES TO THE COMMISSIONER, DELETE CERTAIN OTHER LANGUAGE AND PROVISIONS, PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL APPOINT ANY EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE


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WORK OF THE COMMISSION, CHANGE THE PROVISIONS OF LAW DEALING WITH APPEALS FROM THE DECISION OF THE COMMISSION IN REFUSING, SUSPENDING, OR REVOKING ANY LICENSE OR IN ISSUING REPRIMANDS UNDER CHAPTER 57, TITLE 40, AND DELETE THE REQUIREMENT THAT THE REAL ESTATE COMMISSION SUPPLY STAFF SUPPORT FOR THE REAL ESTATE APPRAISERS BOARD; AND TO AMEND SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CLARIFY REFERENCES TO CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS, INCLUDING REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4459 -- Rep. McTeer: A BILL TO AMEND ACT 445 OF 1947, AS AMENDED, THE SUPPLY BILL FOR HAMPTON COUNTY FOR FISCAL YEAR 1947-48, SO AS TO INCREASE THE SIZE OF THE BOARD OF DIRECTORS OF THE HAMPTON GENERAL HOSPITAL FROM FIVE TO NINE MEMBERS AND TO REVISE AND DELETE OBSOLETE REFERENCES.

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

H. 4460 -- Rep. McTeer: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING PRIOR SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE CREDIT MAY BE ESTABLISHED FOR MATERNITY LEAVE AS PROVIDED BY LAW IF THE MEMBER APPLIED FOR REEMPLOYMENT WITHIN TWO YEARS OF GOING ON MATERNITY LEAVE AND WAS REHIRED WITHIN TWO AND ONE-HALF YEARS OF THE BEGINNING OF THE LEAVE.

Referred to Committee on Ways and Means.

H. 4461 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-115 SO AS TO PROVIDE THAT NO BANK, FINANCIAL INSTITUTION, LENDER, VENDOR, OR ANY OTHER PERSON WHO


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HAS EXTENDED CREDIT OR MADE A LOAN TO AN INDIVIDUAL CONSUMER, INCLUDING LOANS SECURED BY REAL ESTATE, MAY REPORT TO A CREDIT REPORTING AGENCY THE FACT THAT THE BORROWER OR CONSUMER WAS LATE IN MAKING PAYMENTS ON HIS LOAN OR ACCOUNT UNLESS OVER THE MOST RECENT TWELVE-MONTH PERIOD OR PORTION THEREOF, THERE WERE AT LEAST TWO DELINQUENCIES EACH WITH PERIODS OF FIFTEEN DAYS OR MORE.

Referred to Committee on Labor, Commerce and Industry.

H. 4462 -- Rep. Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-39-75 SO AS TO PROVIDE THAT ITEMS PURCHASED BY A PAWNBROKER, EXCEPT ON INVOICE FROM A MANUFACTURER OR WHOLESALER WITH AN ESTABLISHED PLACE OF BUSINESS, MUST BE HELD FOR THIRTY DAYS BEFORE BEING DISPOSED OF, SOLD, ALTERED, OR MOVED FROM THE LOCATION AT WHICH IT WAS PURCHASED IN THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

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.

Referred to Committee on Judiciary.

H. 4464 -- Rep. Waldrop: A BILL TO AMEND SECTION 24-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF CERTAIN PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO PERMIT THE SALE OF HOGS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4465 -- Rep. Kirsh: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT IN CASES IN WHICH AN AGGRAVATING CIRCUMSTANCE IS FOUND BUT THE JURY DOES NOT RECOMMEND DEATH THE


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PERSON MUST BE SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE.

Referred to Committee on Judiciary.


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