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 7810 . . . . . Wednesday, June 1, 1994

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 5268 -- Reps. Thomas, Sturkie, Kelley, Gonzales, Worley, Witherspoon and Keegan: A HOUSE RESOLUTION TO DECLARE THAT THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY AND THE SOUTH CAROLINA DEPARTMENT OF ARCHEOLOGY AND ANTHROPOLOGY MAKE AVAILABLE TO STATE ENVIRONMENTAL REGULATORY AGENCIES INFORMATION CONCERNING HISTORICAL AND ARCHEOLOGICAL SITES FOR USE IN THE PERMITTING PROCESS.

Whereas, the State of South Carolina is blessed with invaluable archeological and anthropological resources; and

Whereas, these sites must be protected to the maximum extent practicable; and

Whereas, environmental regulatory agencies operate programs that control activities potentially impacting these resources; and

Whereas, in order to determine the impact of proposed programs on archeological and anthropological resources, environmental regulatory agencies need information pertaining to the location of these resources. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, hereby, declare that the South Carolina Department of Archives and History and the South Carolina Department of Archeology and Anthropology shall make available to state environmental regulatory agencies information concerning historical and archeological sites in a format prescribed by the regulatory agency to be utilized in the permitting process. Agencies receiving this information must use it only for purposes of determining impact of proposed activities on these historical and archeological resources.


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Be it further resolved that a copy of this resolution be forwarded to the South Carolina Department of Archives and History, and the South Carolina Department of Archeology and Anthropology.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5269 -- Reps. Jennings and Neilson: A HOUSE RESOLUTION TO RECOGNIZE MR. WILTON C. GORDON OF MARLBORO COUNTY FOR HIS MANY YEARS OF UNSELFISH PUBLIC SERVICE AND HIS CONTRIBUTIONS TO THE 4-H YOUTH AND AGRICULTURE PROGRAMS AND TO WISH HIM EVERY HAPPINESS AND GOOD FORTUNE IN HIS RETIREMENT.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5270 -- Reps. Meacham, Stoddard, Thomas, Houck, Gamble, Kirsh, Hodges, Chamblee, Neal, Stuart, R. Smith, Keegan, Cooper, Shissias, Wilkes, Lanford, J. Harris, Law, Robinson, Martin, Marchbanks, D. Wilder, Snow, Phillips, Huff, Clyborne, Moody-Lawrence, M.O. Alexander, Sturkie, Cato, Wilkins, Harrison, Hines, Fair, Baker, Vaughn, Riser, Quinn, A. Young, Govan, Simrill, Witherspoon, Jaskwhich, Waites, H. Brown, Hutson, Wofford, Farr, Stone, Stille, Sharpe, Neilson, Haskins, Trotter, Inabinett, Allison, Davenport, Harrelson, Kelley, Klauber and Walker: A HOUSE RESOLUTION TO REQUEST THE SUPREME COURT OF THE STATE OF SOUTH CAROLINA TO IMPLEMENT A NEW JUDICIAL STANDARDS COMMISSION PROCEDURE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5271 -- Reps. Davenport, Littlejohn, Beatty, D. Smith, Allison, Wells, Walker and Lanford: A CONCURRENT RESOLUTION TO EXPRESS SORROW UPON THE DEATH OF ROBERT H. CHAPMAN,


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SR., OF SPARTANBURG, SOUTH CAROLINA, TEXTILE INDUSTRY LEADER, AND EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5272 -- Rep. Scott: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. ATHERINE T. DAVIS AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5273 -- Reps. J. Harris, Spearman, Jaskwhich, H. Brown, Rogers and Waites: A CONCURRENT RESOLUTION TO CONGRATULATE TRUSTUS THEATER FOR ITS EXTRAORDINARY ACCOMPLISHMENTS AND TRADITION OF EXCELLENCE AND WISH IT GREAT SUCCESS IN THE CAPITAL CAMPAIGN.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5274 -- Reps. Hines, Govan, Inabinett, Neilson, Moody-Lawrence, White, Scott, Canty, Neal, Whipper, J. Brown, Byrd, Beatty, Davenport, Waites, Allison, Wells, Shissias, Rudnick, Meacham, Anderson, Kirsh, Gamble, A. Young, McMahand, Stuart, Huff and Harrelson: A CONCURRENT RESOLUTION SALUTING AFRICAN AMERICAN WOMEN FOR THEIR VALUABLE CONTRIBUTIONS TO THE DEVELOPMENT OF THIS STATE AND NATION.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 5275 -- Reps. Baxley, Neilson and Hines: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE ALBERT SEGARS FAMILY OF HARTSVILLE, SONOCO PRODUCTS COMPANY, LAKEVIEW CLUB, INC., MRS. KATHERINE SEGARS LEVEQUE, AND MRS. EVELYN BRITT FRANK FOR THEIR GENEROSITY IN DONATING A SUBSTANTIAL TRACT OF LAND IN DARLINGTON COUNTY TO THE HERITAGE TRUST PROGRAM.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5276 -- Reps. Koon, Wright, Spearman, Stuart, Gamble, Riser and Sturkie: A CONCURRENT RESOLUTION TO CONGRATULATE THE LEXINGTON HIGH SCHOOL WILDCATS VARSITY BASEBALL TEAM, THEIR HEAD COACH, TOMMY WILLIAMS, ASSISTANT COACH JONNY THOMPSON, PRINCIPAL JOE BEDENBAUGH, AND LEXINGTON DISTRICT I SUPERINTENDENT, DR. CHESTER FLOYD, FOR LEXINGTON'S CLASS AAAA STATE BASEBALL CHAMPIONSHIP AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF BASEBALL PLAYERS AND THEIR COACHES.

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

HOUSE RESOLUTION

The following was introduced:

H. 5277 -- Rep. Davenport: A HOUSE RESOLUTION TO RECOGNIZE THE ACADEMIC ACCOMPLISHMENTS OF BOILING SPRINGS HIGH SCHOOL SENIOR, CHRISTIE BOLINGER.

The Resolution was adopted.


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CONCURRENT RESOLUTION

The following was introduced:

H. 5278 -- Reps. Boan and Hodges: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO DEAN JOHN R. ARNOLD OF THE UNIVERSITY OF SOUTH CAROLINA-LANCASTER FOR HIS YEARS OF OUTSTANDING SERVICE TO THE CAUSE OF HIGHER EDUCATION ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5279 -- Reps. Mattos, M. O. Alexander, T. C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, 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, McAbee, 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, 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 COMMENDING THE HONORABLE BOYD ODELL "DELL" BAKER OF GREENVILLE COUNTY FOR HIS EXEMPLARY SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY AND THANKING HIM FOR HIS FRIENDSHIP.

Whereas, the Honorable Boyd Odell "Dell" Baker of Greenville County has served the people of South Carolina with distinction as a member of the House of Representatives since 1987; and


Printed Page 7815 . . . . . Wednesday, June 1, 1994

Whereas, as our colleague, we have held Dell in high esteem for his diligence, hard work, and dedication as a legislator; and

Whereas, Dell has served the people of his House district and all of the citizens of South Carolina well during the past eight years, and we are grateful for his outstanding service and his friendship; and

Whereas, he will not be seeking reelection to the House of Representatives in 1994, and we want him to know that we appreciate his contributions as a member of the General Assembly. 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, commend the Honorable Boyd Odell "Dell" Baker of Greenville County for his exemplary service as a member of the General Assembly and thank him for his friendship.

Be it further resolved that a copy of this resolution be presented to the Honorable Boyd Odell "Dell" Baker.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5280 -- Reps. Mattos, 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, 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, McAbee, 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, 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 COMMENDING THE HONORABLE H. HOWELL CLYBORNE, JR., OF GREENVILLE COUNTY FOR HIS EXCELLENT PUBLIC


Printed Page 7816 . . . . . Wednesday, June 1, 1994

SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXPRESSING APPRECIATION FOR HIS FRIENDSHIP.

Whereas, the Honorable H. Howell Clyborne, Jr., of Greenville County has been a distinguished member of the General Assembly since his election to the House of Representatives in 1986; and

Whereas, for eight years Howell has endeavored as a legislator to accomplish what is good for the State of South Carolina; and

Whereas, his colleagues have admired his skill, his dedication, and his hard work and have appreciated his friendship; and

Whereas, he has chosen not to seek reelection to the House of Representatives in 1994; and

Whereas, we want him to know that we will always consider him a good friend. 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, commend the Honorable H. Howell Clyborne, Jr., of Greenville County for his excellent public service as a member of the House of Representatives and express appreciation for his friendship.

Be it further resolved that a copy of this resolution be presented to Representative Howell Clyborne.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5281 -- Reps. Graham, M.O. 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, 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, Rudnick, Scott, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard,


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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 COMMENDING THE HONORABLE THOMAS C. ALEXANDER OF OCONEE COUNTY, OUR DISTINGUISHED COLLEAGUE AND GOOD FRIEND, FOR HIS EXCELLENT AND DEDICATED PUBLIC SERVICE IN THE HOUSE OF REPRESENTATIVES AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

Whereas, the Honorable Thomas C. Alexander of Oconee County has served as a member of the House of Representatives since 1987; and

Whereas, he has distinguished himself in every facet of legislative service, earning the respect and admiration of his colleagues in the General Assembly and of all the citizens of our great State; and

Whereas, his knowledge, dedication, and skills paved the way for his election as chairman of the House Labor, Commerce and Industry Committee; and

Whereas, as chairman of that committee, he has been an effective and dynamic leader in the House of Representatives and has helped enact numerous important bills; and

Whereas, he has been a great friend to us in every way, and we have always known we could count on his support and assistance; and

Whereas, after eight outstanding years in the House of Representatives, he is not seeking reelection in 1994; and

Whereas, we want him to know that he has had a positive, lasting impact on the general well-being of the State of South Carolina, and that we will always consider him a very dear friend. 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, commend the Honorable Thomas C. Alexander of Oconee County, our distinguished colleague and good friend, for his excellent and dedicated public service in the House of Representatives and wish him success and happiness in his future endeavors.

Be it further resolved that a copy of this resolution be presented to the Honorable Thomas C. Alexander.

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


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HOUSE RESOLUTION

The following was introduced:

H. 5282 -- Rep. Wright: A HOUSE RESOLUTION COMMENDING AND THANKING BETTY G. AMICK FOR HER EXCELLENT SERVICE AND HER DEDICATION TO THE HOUSE OF REPRESENTATIVES AS CALENDAR AND GENERAL DESK CLERK FOR THIS BODY, AND WISHING HER MUCH HAPPINESS FOLLOWING HER RETIREMENT.

Whereas, Betty G. Amick became an employee of the House of Representatives in January, 1987, and has served the House with distinction ever since; and

Whereas, this summer Betty is retiring as Calendar and General Desk Clerk for this body; and

Whereas, the members have greatly appreciated Betty's friendliness, intelligence, hard work, and dedication; and

Whereas, she has been not only an exemplary employee but also a valued friend, and we want her to know that we will miss her. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, commend and thank Betty G. Amick for her excellent service and her dedication to the House of Representatives as Calendar and General Desk Clerk for this body and wish her much happiness following her retirement.

Be it further resolved that a copy of this resolution be presented to Ms. Betty G. Amick.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 5283 -- Reps. Marchbanks, Riser, Witherspoon, McAbee, Snow, Graham, T.C. Alexander, Carnell, Rhoad and P. Harris: A HOUSE RESOLUTION TO COMMEND DR. MILTON B. WISE, VICE PRESIDENT FOR AGRICULTURE AND NATURAL RESOURCES, CLEMSON UNIVERSITY, UPON HIS RETIREMENT FROM AN ILLUSTRIOUS FORTY-THREE YEAR CAREER AS AN EDUCATOR AND LEADER IN AGRICULTURE FOR HIS DEDICATION TO IMPROVING AND PROMOTING AGRICULTURE IN HIGHER EDUCATION AND FOR ADVANCING THE AGRICULTURAL


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INDUSTRY IN SOUTH CAROLINA AND THROUGHOUT THE SOUTHEAST.

The Resolution was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. McMAHAND a leave of absence for the remainder of the day.

S. 436--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments.

S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.

Rep. G. BROWN proposed the following Amendment No. 3 (Doc Name L:\Council\Legis\Amend\jic\6136DW.94), which was ruled out of order.

Amend the bill, as and if amended, by adding two appropriately numbered SECTIONS to read:

/SECTION . The 1976 Code is amended by adding:

"Section 56-5-4192. Open-end permits issued pursuant to the provisions of Chapter 5, Title 56 shall authorize the movement of a mobile home on the highways of this State on a Saturday."
SECTION . The 1976 Code is amended by adding:

"Section 56-5-4207. Notwithstanding other provisions of this chapter, or regulations relating to it, a mobile home may be transported on interstate highways at a speed not to exceed fifty-five miles per hour."/

Renumber sections to conform.

Amend title to conform.

Rep. G. BROWN explained the amendment.


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