Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Cause us, Lord, to make each step in life of such a quality as to prepare us for the next step for we know that failure can be caused by those who were qualified but never did or by those who did and were never qualified. Make of us worthy examples of those around for it is a fact that children, especially, are like wet cement in that whatever falls upon them makes an impression. Impress upon us then, Lord God, that the way we teach is important, what we teach is more important, but how we live is most important.

Inspire us, therefore, to teach and to live under the guidance of Your Holy Word. 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 Friday, the SPEAKER ordered it confirmed.

The following was received.

Document No. 1563
Promulgated By Department of Health and Environmental Control Chapter No. 61
Solid Waste Management: Municipal Sold Waste Landfills
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1993
Withdrawn and Resubmitted April 30, 1993
Revised Expiration Date: May 20, 1993

Received as information.

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

Document No. 1643
Promulgated By Commission for the Blind
Vending Facility Program
Received By Speaker May 4, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date April 10, 1994

The following was received.
Columbia, S.C., April 29, 1993

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 256:
S. 256 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-33 SO AS TO CREATE A SPECIAL FUND FROM FINES AND COSTS COLLECTED BY THE STATE BOARD OF CHIROPRACTIC EXAMINERS TO BE USED TO REIMBURSE THE BOARD FOR EXPENSES RELATED TO INVESTIGATING COMPLAINTS AND CONDUCTING HEARINGS; TO AMEND SECTION 40-9-30, RELATING TO THE ESTABLISHMENT AND POWERS OF THE BOARD, SO AS TO AUTHORIZE THE BOARD TO ASSESS CIVIL FINES AND COLLECT COSTS FOR INVESTIGATIONS AND HEARINGS AND TO DELETE DUPLICATE PROVISIONS RELATING TO HEARING PROCEDURES; TO AMEND SECTION 40-9-31, RELATING TO REVOCATION OR SUSPENSION OF A LICENSE, SO AS TO ALSO ALLOW ASSESSMENT OF A CIVIL FINE UP TO TWO THOUSAND DOLLARS; TO REPEAL SECTION 40-9-100, RELATING TO DISPOSITION OF EXCESS FUNDS; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS FOR SIX YEARS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

On motion of Rep. ASKINS, with unanimous consent, the following Bill was ordered recalled from the Senate.

H. 4147 -- Reps. McKay, Hines, Harwell and Askins: A BILL TO PROVIDE THAT THE TAX MILLAGE LEVIED FOR GENERAL OPERATIONAL PURPOSES FOR ALL SCHOOL DISTRICTS IN FLORENCE COUNTY AND ANY FEES IN LIEU OF TAXES RECEIVED BY THESE DISTRICTS FOR ANY YEAR MUST BE PLACED IN A SPECIAL ACCOUNT AND DISTRIBUTED TO EACH DISTRICT ON A PRO RATA BASIS BASED ON AVERAGE DAILY ATTENDANCE, TO PROVIDE THAT THESE DISTRIBUTIONS SHALL CONSTITUTE THE FUNDS A DISTRICT RECEIVES TO OPERATE ITS SCHOOLS FOR THAT YEAR FROM AD VALOREM PROPERTY TAXES, AND TO PROVIDE EXCEPTIONS FOR TAX MILLAGE LEVIED FOR BONDED INDEBTEDNESS PURPOSES.

The Senate returned to the House with amendments the following:

H. 3112 -- Reps. Wilkins and Hodges: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO TRAFFIC IN LYSERGIC ACID DIETHYLAMIDE (LSD) AND TO PROVIDE PENALTIES.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

The following was taken up for immediate consideration:

H. 4159 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF SOUTH CAROLINA FOR ITS ACCOMPLISHMENTS IN ASSISTING ITS MEMBERS TO ACHIEVE A HIGH DEGREE OF PROFESSIONAL COMPETENCE AND PUBLIC TRUST AND TO DECLARE WEDNESDAY, MAY 19, 1993, AS CERTIFIED GOVERNMENT FINANCE OFFICERS DAY IN SOUTH CAROLINA.

Whereas, the Government Finance Officers Association of South Carolina consists of over five hundred members representing state, county, and municipal governments, special purpose districts, school districts, and institutions of higher learning; and

Whereas, one of the primary objectives of the association is to promote and encourage professional competence of the individuals who are responsible for public funds, and one way this objective is accomplished is by providing continuing education and training through the Certification Program for Governmental Finance Officers; and

Whereas, to successfully complete the certification program, the individual must be a government finance officer, take at least two of three twenty-five hour core courses, take another fifty hours of electives in related studies, and satisfactorily complete each part of a three-part examination; and

Whereas, the awarding of the designation "Certified Government Finance Officer" requires tremendous knowledge and dedication and after three years of the operation of the certification program, approximately thirty-five individuals have successfully completed it; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate this outstanding association for its achievements in helping its members become trusted and competent professionals and also would like to publicly recognize and commend the members of the association including those who have successfully completed the demanding certification program of the association. Now, therefore,

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

That the members of the General Assembly, by this resolution, hereby recognize and commend the Government Finance Officers Association of South Carolina for its accomplishments in assisting its members to achieve a high degree of professional competence and public trust and declare Wednesday, May 19, 1993, as Certified Government Finance Officers Day in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to the Government Finance Officers Association of South Carolina.

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

Rep. ASKINS moved to reconsider the vote whereby the following Bill was given a third reading, which was agreed to.

H. 4147 -- Reps. McKay, Hines, Harwell and Askins: A BILL TO PROVIDE THAT THE TAX MILLAGE LEVIED FOR GENERAL OPERATIONAL PURPOSES FOR ALL SCHOOL DISTRICTS IN FLORENCE COUNTY AND ANY FEES IN LIEU OF TAXES RECEIVED BY THESE DISTRICTS FOR ANY YEAR MUST BE PLACED IN A SPECIAL ACCOUNT AND DISTRIBUTED TO EACH DISTRICT ON A PRO RATA BASIS BASED ON AVERAGE DAILY ATTENDANCE, TO PROVIDE THAT THESE DISTRIBUTIONS SHALL CONSTITUTE THE FUNDS A DISTRICT RECEIVES TO OPERATE ITS SCHOOLS FOR THAT YEAR FROM AD VALOREM PROPERTY TAXES, AND TO PROVIDE EXCEPTIONS FOR TAX MILLAGE LEVIED FOR BONDED INDEBTEDNESS PURPOSES.

Rep. ASKINS moved to refer the Bill to the Florence Delegation, which was agreed to.

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

H. 4160 -- Reps. Rudnick, Scott, Harrison, Corning, Shissias, Waites, Houck, Harrell, Wright and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS FROM ONE PHARMACY TO ANOTHER WITHOUT THE PERMISSION OF THE PRESCRIBING PHYSICIAN, BY ADDING SECTION 40-43-166 SO AS TO ALLOW A PERSON FOR WHOM A PRESCRIPTION DRUG HAS BEEN PRESCRIBED TO SUBSTITUTE A FEDERAL DRUG ADMINISTRATION APPROVED GENERIC BRAND FOR THE BRAND NAMED IN THE PRESCRIPTION IF SUCH A GENERIC BRAND IS AVAILABLE, AND BY ADDING SECTION 40-43-167 SO AS TO PERMIT COMPUTER RECORDS OF A PHARMACIST TO BE USED FOR THE INSPECTION OF ORIGINAL PRESCRIPTIONS RATHER THAN THE ORIGINAL PRESCRIPTIONS THEMSELVES.

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

H. 4161 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1993, AND ENDING JUNE 30, 1994.

On motion of Rep. KINON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4162 -- Reps. Holt, Whipper, J. Bailey, Hutson, Hallman, Breeland, Harrell, Gonzales, Barber, Inabinett, R. Young and Fulmer: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1993-94 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1993-94.

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

S. 15 -- Senators Mitchell and Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-23-170 SO AS TO PROVIDE FOR EVIDENCE OF BATTERED SPOUSE SYNDROME TO DEMONSTRATE THE DEFENDANT ACTED IN SELF-DEFENSE OR IN DEFENSE OF ANOTHER.

Referred to Committee on Judiciary.

S. 123 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-370 SO AS TO PROVIDE A PROCEDURE FOR AN INSURED TO CONTEST ALLEGATIONS OF FAULT IN A MOTOR VEHICLE ACCIDENT WHERE HIS AUTOMOBILE INSURANCE COMPANY INTENDS TO IMPOSE A SURCHARGE BASED ON SUCH ALLEGED FAULT, AND TO PROHIBIT AN AUTOMOBILE INSURANCE COMPANY FROM USING THE FACT THAT ITS INSURED PAID AN OUT-OF-STATE MOTOR VEHICLE TRAFFIC TICKET, WHEREIN NO TRIAL OR OTHER ADJUDICATORY PROCEEDING ATTENDED BY THE INSURED WAS HELD, AS EVIDENCE OF FAULT AS A BASIS FOR IMPOSING A SURCHARGE ON THE INSURED.

Referred to Committee on Judiciary.

S. 215 -- Senators Elliott, Rankin, Greg Smith, Reese, McConnell, Wilson, Bryan, McGill, Short, Richter, Lander, Mescher, Passailaigue, Ford, Jackson, Gregory and Martin: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 136 SO AS TO PROVIDE THAT COASTAL CAROLINA COLLEGE, A FOUR-YEAR REGIONAL BRANCH OF THE UNIVERSITY OF SOUTH CAROLINA, SHALL BECOME COASTAL CAROLINA UNIVERSITY ON JULY 1, 1993, AND SHALL BE A SEPARATE AND DISTINCT INSTITUTION OF HIGHER LEARNING OF THE STATE OF SOUTH CAROLINA, TO PROVIDE FOR A BOARD OF TRUSTEES WHICH SHALL GOVERN THE UNIVERSITY, TO PROVIDE FOR THE BOARD'S POWERS, DUTIES, AND FUNCTIONS, TO AUTHORIZE THE UNIVERSITY TO ISSUE REVENUE BONDS, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS, INCLUDING THE TRANSFER OF PERSONNEL, ASSETS, LIABILITIES, AND BONDED INDEBTEDNESS.

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

S. 289 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.

Referred to Committee on Judiciary.

S. 486 -- Senator Passailaigue: A BILL TO AMEND SECTION 4-10-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF THE LOCAL SALES AND USE TAX, SO AS TO PROVIDE THAT A RETAILER IN THE UNINCORPORATED AREA OF THE COUNTY MAKING DELIVERIES IN MUNICIPALITIES IN THE COUNTY DOES NOT HAVE TO REPORT SUCH SALES SEPARATELY.

Referred to Committee on Ways and Means.

S. 501 -- Senator Peeler: A BILL TO PROVIDE THAT CERTAIN CRIMINAL OFFENDERS COMMITTED TO INCARCERATION IN THIS STATE MAY BE REQUIRED TO PERFORM PUBLIC SERVICE WORK ACTIVITIES, PROHIBIT THE PARTICIPATION OF OFFENDERS CONVICTED OF VIOLENT CRIMES FROM PERFORMING THESE WORK ACTIVITIES, AND PROVIDE FOR THE TIMES WHEN THE WORK IS ALLOWED AND THE TYPE OF WORK ACTIVITIES PERMITTED.

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

S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS.

Referred to Committee on Judiciary.

S. 532 -- Senators Wilson, Bryan, Giese and Thomas: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO PROVIDE THAT LITTER INCLUDES CIGARETTES AND CIGARETTE FILTERS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 589 -- Senator Courson: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.

Referred to Committee on Labor, Commerce and Industry.

S. 617 -- Senators Courson, Lander, Russell and Wilson: A JOINT RESOLUTION TO CREATE A JOINT PROPERTY TAX STUDY TASK FORCE TO STUDY ALL PHASES OF THE PROPERTY TAX SYSTEM IN ORDER TO DETERMINE THE EFFECTIVENESS AND FAIRNESS OF PROPERTY TAX ASSESSMENT AND COLLECTION IN THIS STATE.

Referred to Committee on Ways and Means.

S. 619 -- Senators Matthews, Patterson, Washington, Glover, Mitchell, Ford, Jackson and Mescher: A BILL TO AMEND SECTIONS 40-22-190 AND 40-22-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT GRADUATION FROM A FOUR-YEAR ENGINEERING TECHNOLOGY PROGRAM MAY BE QUALIFICATION FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING.

Referred to Committee on Labor, Commerce and Industry.

S. 656 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO PROVIDE THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO PROVIDE ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; TO PROVIDE THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS; AND TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY IS THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES IS THE RESPONSIBILITY OF THE DEPARTMENT.

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

S. 688 -- Senator O'Dell: A BILL TO PROVIDE THAT CREDIT LIFE, PROPERTY, ACCIDENT AND HEALTH INSURANCE PREMIUMS CHARGED BY SUPERVISED LENDERS UNDER THE CONSUMER PROTECTION CODE OR BY RESTRICTED LENDERS UNDER THE CONSUMER FINANCE LAW ARE SUBJECT TO A MINIMUM CHARGE AND A MINIMUM RETENTION OF THREE DOLLARS.

Referred to Committee on Labor, Commerce and Industry.

S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

S. 734 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO DEFINITIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1609, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 735 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO HOME HEALTH CARE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1611, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 736 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR PERMANENT LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1624, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 737 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: TRANSFER OF SOLID WASTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1549, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 738 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: COLLECTION, TEMPORARY STORAGE, AND TRANSPORTATION OF SOLID WASTE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1547, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 739 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: SOLID WASTE PROCESSING FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1550, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 740 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1603, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 747 -- Judiciary Committee: A BILL TO AMEND 40-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE THAT PERSONS LICENSED AS ACCOUNTANTS MAY OPERATE IN ANY FORM ALLOWED BY LAW; TO AMEND SECTION 40-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION AND EDUCATION REQUIREMENTS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO INCLUDE FIVE YEARS EXPERIENCE TEACHING ACCOUNTING IN A COLLEGE OR UNIVERSITY RECOGNIZED BY THE BOARD AS ONE OF THE EXPERIENCE REQUIREMENTS; TO AMEND SECTION 40-1-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WAIVER OF EXAMINATION FOR A PERSON CERTIFIED IN ANOTHER STATE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO PROVIDE FOR FOREIGN RECIPROCITY WHEN SUCH JURISDICTIONS HAVE SUBSTANTIALLY EQUIVALENT REQUIREMENTS AS SOUTH CAROLINA; TO AMEND SECTION 40-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF CERTIFICATE OF COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS, SO AS TO PROVIDE THAT ANNUALLY OR ON OR BEFORE THE LAST DAY OF FEBRUARY A CERTIFICATE OF COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENTS MUST BE FILED WITH THE BOARD; TO AMEND SECTION 40-1-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OR SUSPENSION OF A LICENSE OR PERMIT, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY CERTIFICATE OF A CERTIFIED PUBLIC ACCOUNTANT OR A LICENSE OF A PUBLIC ACCOUNTANT; TO AMEND SECTION 40-1-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY LICENSE OR PERMIT OF AN ACCOUNTING PRACTITIONER.

Referred to Committee on Labor, Commerce and Industry.

S. 748 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO DIVIDE CHARLESTON PRECINCT 3 INTO CHARLESTON 3 AND CHARLESTON 3A, TO DIVIDE FOLLY BEACH INTO FOLLY BEACH A AND FOLLY BEACH B, AND TO CHANGE THE REFERENCE DATE FOR THE DELINEATION OF PRECINCT LINES AS SHOWN ON THE OFFICIAL MAP OF THE UNITED STATES CENSUS BUREAU ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.

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

The following was introduced:

H. 4163 -- Reps. D. Smith, Haskins and Tucker: A HOUSE RESOLUTION TO RECOGNIZE THE COURAGE AND FIGHTING SPIRIT DISPLAYED FOR TWENTY-FOUR YEARS BY BEN MAXWELL STONE DIAGNOSED AT THE AGE OF ELEVEN YEARS WITH NEPHRITIS.

Whereas, at the age of eleven years, Ben Maxwell Stone was diagnosed with nephritis, a disease which left him without the use of his kidneys; and

Whereas, Ben Maxwell Stone underwent his first kidney transplant in 1969 and continued the transplants in 1974, 1979, 1985, 1989, and 1991; and

Whereas, as the youngest participant ever trained in home dialysis, this University of the South graduate has undergone countless hours on a machine which cleanses his blood and allows him to live a normal life; and

Whereas, Ben Maxwell Stone represents a small percentage of the population of this State which struggles to live on a day to day basis; and

Whereas, Ben Maxwell Stone exemplifies the ultimate in faith, strength, and an unyielding determination to live; and

Whereas, the members of the House of Representatives are proud to have this opportunity to note the enormous achievements of Ben Maxwell Stone and to thank him for being an example for others who are fighting the battle against this disease. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives recognize the courage and fighting spirit displayed for twenty-four years by Ben Maxwell Stone diagnosed at the age of eleven years with nephritis.

Be it further resolved that a copy of this resolution be forwarded to Ben Maxwell Stone.

The Resolution was adopted.

The following was received from the Senate.

Columbia, S.C., April 29, 1993

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 422:
S. 422 -- Finance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-15 SO AS TO PROVIDE THAT ALL FUNCTIONS OF THE STATE BUDGET AND CONTROL BOARD IN THE PREPARATION AND SUBMISSION TO THE GENERAL ASSEMBLY OF THE RECOMMENDED STATE BUDGET ARE DEVOLVED UPON THE GOVERNOR; TO PROVIDE THAT THE GOVERNOR SHALL CONSULT WITH THE STATE TREASURER AND THE COMPTROLLER GENERAL IN PREPARING THE RECOMMENDATIONS, TO PROVIDE THAT THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD SHALL ASSIST THE GOVERNOR IN PREPARING BUDGET RECOMMENDATIONS, AND TO PROVIDE FOR THE STATUS OF THE BUDGET DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD.
Very respectfully,
President

On motion of Rep. BOAN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. ROGERS, KIRSH and McABEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

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

Alexander, T.C.        Allison                Anderson
Askins                 Bailey, G.             Bailey, J.
Baker                  Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Carnell                Cato                   Chamblee
Cobb-Hunter            Cooper                 Corning
Cromer                 Davenport              Delleney
Fair                   Farr                   Felder
Fulmer                 Gamble                 Govan
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Haskins
Hines                  Hodges                 Holt
Houck                  Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Martin                 Mattos
McAbee                 McCraw                 McKay
McLeod                 McMahand               McTeer
Meacham                Neal                   Neilson
Phillips               Rhoad                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, R.

I came in after the roll call and was present for the Session on Tuesday, May 4.

M.O. Alexander                    C. Lenoir Sturkie
Richard M. Quinn, Jr.             Bessie Moody-Lawrence
Eugene C. Stoddard                H. Howell Clyborne, Jr.
Robert A. Barber, Jr.             Kenneth Kennedy
Ronald P. Townsend                Larry L. Elliott
Stephen E. Gonzales               Joseph T. McElveen, Jr.
Thomas E. Huff                    James P. Harrelson

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 28.

The SPEAKER granted Rep. A. YOUNG a leave of absence due to the serious illness of her husband.

Rep. CORNING moved that when the House adjourns, it adjourn in memory of Helen Ottenhoff Van Wyke, which was agreed to.

The following was received.

April 26, 1993
Mr. Speaker and Members of the House:

I am hereby returning without my approval S. 295, R-46, an Act:
TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS; AND TO PROHIBIT AN INCREASE IN FEES OR AD VALOREM TAXES IN EXCESS OF THE TEN MILLS CURRENTLY AUTHORIZED WITHOUT A FAVORABLE VOTE OF THE RESIDENT ELECTORS OF THE DISTRICT.
This veto is based upon an opinion of the Attorney General's Office dated April 26, 1993. The opinion states:
"The act bearing ratification number 46 of 1993 would authorize the Board of Fire Control of the Cherokee Springs Fire District of Spartanburg County to borrow a maximum of one million dollars, in anticipation of taxes, upon terms and for a period as the board deems most beneficial, raising the previous limit of two hundred thousand dollars and to prohibit increases in ad valorem taxes (as a result of the increase in authorized indebtedness) in excess of the currently authorized ten mills without a favorable referendum. This act appears to amend Act No. 740 of 1990, which amended Act No. 318 of 1965. A review of the latter act shows that the District is located wholly within Spartanburg County. Thus, S. 295, R-46 of 1993 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to S. 295, R-46 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7...

This Attorney General Opinion further notes "another potential Constitutional infirmity" and concludes by stating:

A review of S. 295, R-46 reveals that it suffers from the same constitutional infirmities as expressed in the opinion of May 30, 1990, as it is an act for a specific county and it could be deemed violative of Article X, Section 14(8) on its face or as applied, or both, since the Board of Fire Control would be given the power to issue tax anticipation notes 'on terms and for a period as to the fire control board may seem most beneficial...'

Historically, I vetoed a similar Bill based on the opinion of the Attorney General's Office dated May 30, 1990 (H. 4939; R-617).

Sincerely,
Carroll A. Campbell, Jr.
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Allison                Littlejohn             Smith, D.
Walker                 Wells                  Wilder, D.

Those who voted in the negative are:

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

The motion of Rep. HOUCK to reconsider the vote whereby the following Bill was given unanimous consent to receive a third reading was taken up and agreed to.

H. 4148 -- Reps. McKay and Hines: A BILL TO ESTABLISH ALL OF THE AREA OF FLORENCE COUNTY AS THE SCHOOL DISTRICT OF FLORENCE COUNTY EFFECTIVE JANUARY 1, 1995; TO CREATE A BOARD OF TRUSTEES FOR THE SCHOOL DISTRICT OF FLORENCE COUNTY AND PROVIDE FOR ITS MEMBERSHIP, DUTIES, FUNCTIONS, PROCEDURES, AND ORGANIZATION; TO VEST TITLE TO ALL PROPERTY USED FOR SCHOOL PURPOSES IN FLORENCE COUNTY IN THE SCHOOL DISTRICT OF FLORENCE COUNTY; TO PROVIDE FOR THE FUNDING OF THE SCHOOL DISTRICT OF FLORENCE COUNTY, FOR ITS ANNUAL BUDGET, AND FOR AN ANNUAL AD VALOREM TAX FOR THE SCHOOLS OF THE COUNTY; TO PROVIDE FOR THE ISSUANCE OF BONDS OF THE SCHOOL DISTRICT AND FOR THE ASSUMPTION OF EXISTING SCHOOL BONDS BY THE DISTRICT; AND TO REPEAL THE PRESENT FIVE SCHOOL DISTRICTS OF THE COUNTY AND THEIR BOARDS OF TRUSTEES ON JANUARY 1, 1995, AND DEVOLVE THEIR DUTIES, FUNCTIONS, POWERS, ASSETS, AND LIABILITIES UPON THE SCHOOL DISTRICT OF FLORENCE COUNTY.

Rep. HOUCK moved to refer the Bill to the Florence Delegation, which was agreed to.

Rep. PHILLIPS moved to adjourn debate upon the following Bill until Wednesday, May 5, which was adopted.

H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.

The following Bill was taken up.

H. 3800 -- Reps. Spearman, Sharpe, Koon, Sturkie, Riser, Wright, Gamble and Stuart: A BILL TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.

Reps. VAUGHN, PHILLIPS, McCRAW and SPEARMAN proposed the following Amendment No. 2 (Doc Name L:\Council\Legis\Amend\WWW\30128DW.93), which was adopted.

Amend the bill, as and if amended, in Section 5-31-235 of the 1976 Code, as contained in Section 1, by adding an appropriately lettered subsection to read:

/(D)     The provisions of this section apply only to a municipality which has been created as a result of the consolidation of two or more municipalities./

Amend title to conform.

Rep. SPEARMAN explained the amendment.

The amendment was then adopted.

Rep. VAUGHN proposed the following Amendment No. 3 (Doc Name L:\Council\Legis\Amend\WWW\30123DW.93), which was adopted.

Amend the bill, as and if amended, page 1, line 35, by striking /fifteen/ and inserting /thirty/.

Amend title to conform.

The Bill, as amended, was read the second time and ordered to third reading.

Rep. WOFFORD moved to adjourn debate upon the following Bill until Wednesday, May 5, which was adopted.

H. 3669 -- Reps. Kirsh, Wofford and Waldrop: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1642 SO AS TO PROHIBIT PLACEMENT OF CHILDREN IN FOSTER CARE WITH A PERSON WITH A SUBSTANTIATED HISTORY OF CHILD ABUSE OR NEGLECT, OR WHO HAS BEEN CONVICTED OF OFFENSES AGAINST A PERSON OR AGAINST MORALITY OR DECENCY; BY ADDING SECTION 20-7-1643 SO AS TO REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO ESTABLISH STANDARDS FOR FOSTER PARENT TRAINING; BY ADDING SECTION 43-1-115 SO AS TO REQUIRE THE DEPARTMENT TO CONDUCT BIENNIAL PERFORMANCE AUDITS OF COUNTY DEPARTMENT OF SOCIAL SERVICES CHILD PROTECTIVE SERVICES AND FOSTER CARE PROGRAMS; BY AMENDING SECTION 20-7-2240, RELATING TO AGENCIES AND INSTITUTIONS EXEMPT FROM REGULATION AS A CHILD WELFARE AGENCY, SO AS TO PROVIDE THAT FOSTER CARE FACILITIES, NOT RECEIVING STATE OR FEDERAL FUNDS, OPERATED BY CERTAIN RELIGIOUS ORGANIZATIONS MUST PASS ANNUAL FIRE, HEALTH, AND SANITATION INSPECTIONS.

The following Bill was taken up.

H. 3091 -- Reps. Kirsh, Simrill, Moody-Lawrence, Meacham and Delleney: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.

Debate was resumed on Amendment No. 2, which was proposed on Wednesday, April 28, by Reps. FAIR, KELLEY, et al.

Rep. FAIR moved to table the amendment, which was agreed to.

Reps. KELLEY, JASKWHICH and FAIR proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\DKA\4648AL.93), which was adopted.

Amend the bill, as and if amended, Section 59-65-30, SECTION 1, by adding:

/(e)     A student who has a child and who is granted a waiver from attendance by the district's attendance supervisor or his designee. The district attendance supervisor may grant a waiver only if he determines that suitable day care is unavailable. The student must consult with the district supervisor or his designee in a timely manner to consider all available day care options or the district shall consider the student to be in violation of this chapter./

Amend title to conform.

Rep. FAIR explained the amendment.

The amendment was then adopted.

Rep. WRIGHT explained the Bill.

Rep. WHITE objected to the Bill.

Rep. WRIGHT continued speaking.

Rep. WHIPPER spoke in favor of the Bill.

Rep. WHITE moved to adjourn debate on the Bill.

Rep. MEACHAM moved to table the motion, which was agreed to.

The Bill, as amended, was read the second time and ordered to third reading.

Rep. JENNINGS moved to adjourn debate upon the following Bill until Wednesday, May 5, which was adopted.

S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.

Rep. BOAN moved that the House do now adjourn, which was adopted.

At 12:58 P.M. the House in accordance with the motion of Rep. CORNING adjourned in memory of Helen Ottenhoff Van Wyke, to meet at 10:00 A.M. tomorrow.

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