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 1360, Feb. 2 | Printed Page 1380, Feb. 3 |
Printed Page 1370 . . . . . Thursday, February 3, 1994
Thursday, February 3, 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:

Forgive us, Lord, for doing those things that make us feel guilty and uncomfortable.

We say that we believe in God, yet we doubt His promises.

We say "in God we trust", but we try to manage our own affairs without Your guidance.

We say we love You, but we do not obey You.

We say You have answers to our problems, yet we do not consult You.

Forgive us, Lord, for our littleness of faith and our selfish pride that ignore Your ways and Your teachings.

Reach down and change the gears in our lives that we may go forward with You. Amen.

(Adapted from prayer of the late Dr. Peter Marshall, Chaplain of the U.S. House of Representatives.)

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. FARR moved that when the House adjourns, it adjourn in memory of George T. Keller, Jr., of Union County, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:

H. 3919 -- Rep. Simrill: A BILL TO AMEND SECTION 12-36-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR RETAILERS TO OBTAIN A RETAIL LICENSE

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BEFORE ENGAGING IN BUSINESS, SO AS TO INCLUDE FESTIVALS AMONG THOSE SPECIAL EVENTS FOR WHICH A RETAILER FILES A SPECIAL EVENTS SALES TAX RETURN AND IS NOT REQUIRED TO HAVE A RETAIL LICENSE AND TO DEFINE "FESTIVAL".

Ordered for consideration tomorrow.

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

H. 3329 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 20-7-600, 20-7-770, 20-7-780, AND 20-7-3300, ALL AS AMENDED, AND SECTION 20-7-1335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF JUVENILE CRIMINAL RECORDS, SO AS TO REMOVE THE CONFIDENTIALITY OF THESE RECORDS FOR VIOLENT CRIMES, FOR CRIMES IN WHICH AN ILLEGAL WEAPON WAS USED, AND FOR VIOLATIONS OF THE "NARCOTICS AND CONTROLLED SUBSTANCES" ARTICLE; TO ALLOW FINGERPRINTING AND THE RELEASE TO THE PUBLIC OF THE NAME, IDENTITY, AND PICTURE OF A JUVENILE CHARGED WITH THESE CRIMES; AND TO PROHIBIT EXPUNGEMENT OF THESE RECORDS.

Ordered for consideration tomorrow.

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

H. 4532 -- Reps. Hodges, Corning, Cromer, Harwell, Jennings, Scott, D. Smith, J. Wilder, R. Young, Wilkins, Harrell, Clyborne and Boan: A BILL TO AMEND SECTION 58-9-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FACTORS WHICH THE PUBLIC SERVICE COMMISSION MUST CONSIDER IN DETERMINING RATES FOR TELEPHONE COMPANIES, SO AS TO PROVIDE THAT, UNDER CERTAIN CONDITIONS, THE COMMISSION MAY ADOPT ANY ALTERNATIVE REGULATORY PLAN THE COMMISSION CONSIDERS APPROPRIATE AND IN THE PUBLIC INTEREST UPON DETERMINING THAT A TELEPHONE UTILITY IS SUBJECT TO COMPETITION WITH RESPECT TO A PARTICULAR SERVICE OR WITH RESPECT TO ITS SERVICES GENERALLY.

Ordered for consideration tomorrow.

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

S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4671 -- Rep. Wright: A CONCURRENT RESOLUTION TO SALUTE MR. LAWRENCE E. FRIENDLY OF LEXINGTON COUNTY AND HIS COURAGEOUS FIGHTING SPIRIT AS HE CONTINUES TO BRAVELY BATTLE CANCER AND AS HE SERVES AS AN INSPIRING EXAMPLE FOR ALL WHO KNOW HIM.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1125 -- Senator Matthews: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ERNEST "SON" TASTE OF

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ORANGEBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

INTRODUCTION OF BILLS

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

H. 4672 -- Rep. D. Smith: A BILL TO AMEND SECTION 16-1-57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION FOR THIRD OR SUBSEQUENT CONVICTIONS OF CERTAIN PROPERTY CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF A SECOND OR SUBSEQUENT OFFENSE OF CERTAIN PROPERTY CRIMES MUST BE IMPRISONED BASED UPON THE NEXT GREATER PENALTY CLASSIFICATION.

Referred to Committee on Judiciary.

H. 4673 -- Reps. Klauber, Carnell and McAbee: A BILL TO PROVIDE THAT THE QUALIFIED ELECTORS OF SCHOOL DISTRICTS 50 AND 52 IN GREENWOOD COUNTY AND SCHOOL DISTRICT 51 IN GREENWOOD, LAURENS, AND ABBEVILLE COUNTIES BY PETITION MAY PROPOSE THAT AN ADVISORY REFERENDUM BE CONDUCTED IN THAT DISTRICT, AND TO PROVIDE FOR THE MANNER IN WHICH AND THE PROCEDURES UNDER WHICH THIS ADVISORY REFERENDUM SHALL BE CONDUCTED.

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

H. 4674 -- Reps. Clyborne, Kelley, Inabinett, Quinn, Stone, Simrill, Elliott, McKay, Hines, Neilson, Walker, A. Young, D. Smith, Stoddard, Fair, Jaskwhich, Thomas, M.O. Alexander, Beatty, Moody-Lawrence, Davenport, Shissias, Stuart, Klauber, Delleney, Riser, Wofford, Wilkes, Harrison, Byrd, Wright, Lanford and J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-18 SO AS TO REQUIRE A "ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE ANNUAL GENERAL APPROPRIATIONS ACT.

Referred to Committee on Ways and Means.

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H. 4675 -- Reps. Clyborne, Cato, Cooper, Stone, Littlejohn and Walker: 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 REQUIRE THAT AT LEAST TEN JURORS MUST VOTE FOR THE DEATH PENALTY INSTEAD OF A UNANIMOUS VOTE.

Referred to Committee on Judiciary.

H. 4676 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY AND OTHER ELIGIBILITY REQUIREMENTS OF CHILDREN TO ATTEND PUBLIC SCHOOLS, SO AS TO DELETE A PROVISION ALLOWING A CHILD TO ATTEND A PUBLIC SCHOOL IN A PARTICULAR DISTRICT IF THE CHILD OWNS CERTAIN REAL ESTATE IN THE DISTRICT; AND TO AMEND SECTION 59-63-31, RELATING TO ADDITIONAL QUALIFICATIONS FOR ATTENDANCE AT PUBLIC SCHOOLS, SO AS TO CONFORM A REFERENCE IN THE SECTION TO THE REVISED PROVISIONS OF SECTION 59-63-30.

Referred to Committee on Education and Public Works.

H. 4677 -- Reps. Keegan and Kelley: A BILL TO AMEND SECTION 12-21-3320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF BINGO REGULATIONS, SO AS TO EXTEND BINGO SESSIONS TO MORNING HOURS.

Referred to Committee on Labor, Commerce and Industry.

H. 4678 -- Reps. Wells, Lanford, Robinson, Beatty, Littlejohn, Graham, Walker, Allison, Jaskwhich and Marchbanks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-35 SO AS TO PROVIDE THAT NO PERSON WHO IS EMPLOYED BY A SCHOOL DISTRICT OF THIS STATE MAY SERVE AS A MEMBER OF THE BOARD OF TRUSTEES OF THAT SCHOOL DISTRICT, AND TO PROVIDE THAT ANY PERSON SERVING AS A MEMBER OF A SCHOOL BOARD OF TRUSTEES ON THE EFFECTIVE DATE OF THIS SECTION WHO IS ALSO EMPLOYED BY THAT SCHOOL DISTRICT MAY CONTINUE TO SERVE THE TERM FOR WHICH HE WAS ELECTED.

Referred to Committee on Education and Public Works.

Printed Page 1375 . . . . . Thursday, February 3, 1994
H. 4679 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE DIVISION OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED PHYSICIAN AND DENTIST OTHERWISE COVERED WHO RECEIVES FEES FROM A PRACTICE PLAN AUTHORIZED BY THE LICENSEE'S EMPLOYER WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE.

Referred to Committee on Ways and Means.

S. 926 -- Senators Giese, Passailaigue, Glover, Elliott, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Russell, Short, Stilwell, Waldrep, Washington, Wilson, Rose, Leventis and Martin: A BILL TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, RELATING TO THE ALZHEIMER'S DISEASE REGISTRY, SO AS TO CREATE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER IN THE OFFICE OF THE GOVERNOR, DIVISION ON AGING AND TO PROVIDE FOR ITS DUTIES AND AN ADVISORY COUNCIL; TO RENAME CHAPTER 36, TITLE 44; AND TO DESIGNATE SECTIONS 44-36-10 THROUGH 44-36-30 AS ARTICLE 1 OF CHAPTER 36, TITLE 44; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE A REFERENCE TO CONFORM TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.

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

Printed Page 1376 . . . . . Thursday, February 3, 1994
S. 936 -- Senators Lander and Reese: A BILL TO AMEND ACT 38 OF 1993, RELATING TO THE DEPARTMENT OF MENTAL RETARDATION FAMILY SUPPORT SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO INCLUDE INDIVIDUALS WITH HEAD INJURIES, SPINAL CORD INJURIES, OR SIMILAR DISABILITIES AMONG THOSE FOR WHOM SERVICES ARE TO BE PROVIDED.

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

S. 938 -- Senators Bryan, Washington, Giese and Hayes: A BILL TO AMEND SECTION 44-17-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CUSTODY AND TRANSPORT OF PERSONS TO MENTAL HEALTH FACILITIES, SO AS TO AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES AND DIRECTORS OF COMMUNITY MENTAL HEALTH CENTERS TO ARRANGE AN ALTERNATIVE TRANSPORTATION PROGRAM.

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

S. 940 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 39-73-315 AND 39-73-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMODITY CODE, SO AS TO DELETE THE PROVISIONS CONTAINING REFERENCES TO INCORRECT SECTIONS.

Referred to Committee on Labor, Commerce and Industry.

S. 946 -- Senators Courson and Lander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE ORGAN AND TISSUE DONOR PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE ORGAN AND TISSUE PROGRAM AND THESE FUNDS MUST BE CREDITED

Printed Page 1377 . . . . . Thursday, February 3, 1994
TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE DEPARTMENT FOR THIS PROGRAM.

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

S. 947 -- Senators Giese, Passailaigue, Glover, Rose and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-45 SO AS TO PROVIDE THAT THE GOVERNOR'S OFFICE, DIVISION ON AGING SHALL DESIGNATE AREA AGENCIES ON AGING WHO SHALL DESIGNATE AS FOCAL POINTS CERTAIN RECIPIENTS OF FUNDS THROUGH THE DIVISION ON AGING.

Referred to Committee on Ways and Means.

S. 950 -- Senators Setzler, Lander, Reese and Washington: A JOINT RESOLUTION TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION, FOR FISCAL YEAR 1993-94, MUST ALLOCATE $118,000 TO CLEMSON PSA FOR AGRICULTURAL TEACHER EDUCATION AND OTHER SERVICES AS PROVIDED FOR IN THE ACT.

Referred to Committee on Ways and Means.

S. 968 -- Senators Jackson, Ford, Reese and Washington: A BILL TO AMEND SECTION 17-5-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF DEAD BODIES, SO AS TO PROVIDE THAT UNIDENTIFIED BODIES MUST BE PRESERVED AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA OR OTHER SUITABLE FACILITY FOR A PERIOD OF THIRTY DAYS.

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

S. 1047 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CODE OF ETHICS GOVERNING PSYCHOLOGISTS, LIMITS OF PSYCHOLOGICAL PRACTICE, AND LIST OF LICENSED PSYCHOLOGISTS, SO AS TO DELETE THE REQUIREMENT THAT

Printed Page 1378 . . . . . Thursday, February 3, 1994
A COPY OF THE CODE OF ETHICS BE FILED WITH THE SECRETARY OF STATE.

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

S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, J.
Barber           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Carnell          Cato             Chamblee
Cobb-Hunter      Cooper           Corning
Cromer           Davenport        Delleney
Fair             Farr             Fulmer
Gamble           Govan            Graham
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Harwell
Haskins          Hines            Holt
Houck            Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       McCraw
McElveen         McKay            McLeod
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Richardson
Printed Page 1379 . . . . . Thursday, February 3, 1994
Riser            Robinson         Rogers
Rudnick          Sharpe           Sheheen
Simrill          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stoddard         Stone            Stuart
Thomas           Townsend         Trotter
Tucker           Vaughn           Waites
Waldrop          Walker           Wells
Whipper          White            Wilder, D.
Wilder, J.       Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday,
February 3.
James P. Harrelson       John L. Scott, Jr.
George H. Bailey         Jennings G. McAbee
J. Michael Baxley        Donald W. "Don" Beatty
James H. Hodges          Alma W. Byrd
C. Lenoir Sturkie        John G. Felder
Stephen E. Gonzales      Morgan Martin
H. Howell Clyborne, Jr.  Larry L. Elliott
Dell Baker               Richard M. Quinn, Jr.
Thomas E. Huff           James G. Mattos
Ralph W. Canty           C. Alex Harvin, III

Total Present--122

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Arthur C. Hutson, Jr., of Charleston is the Doctor of the Day for the General Assembly.

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