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 2210 . . . . . Friday, February 18,
1994
Friday, February 18, 1994
(Local 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:
Almighty God, the Source of every good inspiration and the Goal of every worthy
endeavor, grant that in the midst of so many demands upon us, we may be
sustained by Your presence, supported by Your strength, and inspired by Your
teachings. Boost us in the knowledge of Your never failing goodnesses, and may
our faith in You give us determination to face this day in confidence. We do
not pray for lesser duties, but for power to meet them with honor. In all of
life's activities, make us "more than conquerors" because we have
followed unhesitatingly the beckoning of Your leadership.
In us, may Your Name be glorified. Amen.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER
ordered it confirmed.
SENT TO THE SENATE
The following Bills were taken up, read the third time, and ordered sent to
the Senate.
H. 4752 -- Reps. Kelley, Martin, Witherspoon and Snow: A BILL TO PROVIDE THAT
MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY MUST BE ELECTED
IN A
NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE
THAT
PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO
PROVIDE
THE METHOD OF DETERMINING RESULTS AND THE DATE THE MEMBER TAKES OFFICE.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL
YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Printed Page 2211 . . . . . Friday, February 18,
1994
H. 4040 -- Reps. Riser, Snow, Worley, T.C. Alexander, Rhoad, Kelley,
Witherspoon and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 4 TO TITLE 47 SO AS TO ESTABLISH THE STATE
LIVESTOCK-POULTRY HEALTH COMMISSION BY SETTING FORTH ITS MEMBERSHIP, POWERS,
DUTIES, RELATED DEFINITIONS, REQUIREMENTS FOR CERTIFICATES OF VETERINARY
INSPECTION, HEALTH PERMITS, QUARANTINE, INDEMNIFICATION, LAW ENFORCEMENT
OFFICERS, CRIMINAL AND CIVIL LIABILITY AND PENALTIES, DISPOSITION OF FINES AND
FEES, AND ADVISORY COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTION 47-19-35
SO AS TO PROVIDE FOR PERMITS FOR ESTABLISHMENTS WHERE POULTRY IS SLAUGHTERED
AND
WHERE POULTRY FOOD PRODUCTS ARE PACKED; TO AMEND SECTION 47-6-10, RELATING TO
THE REFERENCE FOR THE PSEUDORABIES CONTROL AND ERADICATION ACT, SO AS TO
PROVIDE
FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-6-50,
RELATING TO IMPORTATION OF SWINE, SO AS TO DELETE THE REFERENCE TO FEEDING OR
BREEDING AS IT APPLIES TO IMPORTED SWINE REQUIRED TO BE ACCOMPANIED BY A
HEALTH
CERTIFICATE, REVISE RELATED REFERENCES, AND CHANGE THE REFERENCE TO STATE
VETERINARIAN TO THE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 47,
RELATING TO REGULATION OF STOCKYARDS AND DEALERS IN LIVESTOCK, SO AS TO
DELETE
SECTIONS 47-11-40 AND 47-11-50 PERTAINING TO PERMIT INSPECTION, REVOCATION, AND
DURATION AND ADD SECTION 47-11-85 PERTAINING TO IDENTIFICATION OF ANIMALS SOLD
IN A PUBLIC LIVESTOCK MARKET OR EQUINE SALES FACILITY, PROVIDE FOR THE
COMMISSION TO ADMINISTER THE ARTICLE, DELETE UNNECESSARY DEFINITIONS, REVISE
PERMIT REQUIREMENTS, CHANGE THE REFERENCES TO STATE VETERINARIAN TO
COMMISSION,
PROVIDE FOR EQUINE SALE AND POULTRY FACILITIES WITHIN THE ARTICLE, REVISE BOND,
LIVESTOCK FACILITY, AND RECORD REQUIREMENTS, CHANGE REFERENCES FROM
CERTIFICATE
OF HEALTH TO CERTIFICATE OF VETERINARY INSPECTION, DELETE PROVISIONS FOR SWINE
INOCULATION AGAINST CHOLERA, PROVIDE FOR ESTABLISHMENT OF SLAUGHTER
ASSEMBLY
POINTS, AND REVISE PROVISIONS FOR INFECTED AND
Printed Page 2212 . . . . . Friday, February 18,
1994
EXPOSED ANIMALS, FOR ENFORCEMENT, AND FOR PENALTIES; TO AMEND SECTION
47-13-10,
RELATING TO THE DUTIES OF CLEMSON UNIVERSITY PERTAINING TO DISEASES AND
INFECTIONS, SO AS TO DELETE THE UNIVERSITY'S DUTIES AND PROVIDE FOR THE
PROVISIONS ON DISEASES AND INFECTIONS TO BE ADMINISTERED BY THE STATE
LIVESTOCK-POULTRY HEALTH COMMISSION; TO AMEND SECTION 47-13-20, RELATING TO THE
POWERS OF THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCE TO STATE
VETERINARIAN TO THE COMMISSION AND REVISE RELATED DUTIES; TO AMEND SECTION
47-13-30, RELATING TO EXPENSES OF THE STATE VETERINARIAN, SO AS TO DELETE
EXPENSE PROVISIONS AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION
47-13-110, RELATING TO DISEASED BIOLOGICAL PRODUCTS, SO AS TO REVISE THE
LIMITATIONS ON THE POSSESSION, SALE, AND DISTRIBUTION OF THE PRODUCTS; TO AMEND
SECTION 47-13-130, RELATING TO APPROPRIATION OF FUNDS TO ERADICATE DISEASES IN
ANIMALS AND BIRDS, SO AS TO CHANGE REFERENCES FROM BIRDS TO POULTRY AND FROM
CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE
PROVISION
FOR EMPLOYMENT BY THE UNIVERSITY; TO AMEND SECTION 47-13-150, RELATING TO THE
QUARANTINE AGAINST IMPORTING CERTAIN PORK, SO AS TO REVISE THE QUARANTINE
REQUIREMENTS AND PROVIDE FOR THEM TO APPLY TO THE IMPORTATION OF
SLAUGHTERED
MEAT OR POULTRY; TO AMEND SECTION 47-13-310, RELATING TO ORDERS TO DISINFECT, SO
AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO COMMISSION AND REVISE THE
REQUIREMENTS FOR NOTICE TO PERSONS WITH INFESTED OR INFECTED LIVESTOCK,
REQUIREMENTS FOR ACTION BASED ON THE NOTICE, AND PENALTIES; TO AMEND SECTION
47-13-340, RELATING TO THE VENUE OF PROSECUTIONS FOR FAILURE TO DISINFECT
ANIMALS EXPOSED TO THE CATTLE TICK FEVER, SO AS TO PROVIDE FOR THE VENUE
REQUIREMENTS TO APPLY TO ANIMALS, LIVESTOCK, OR POULTRY INFESTED OR INFECTED
WITH OR EXPOSED TO A CARRIER OF AN INFECTIOUS, A CONTAGIOUS, OR A
COMMUNICABLE
DISEASE; TO AMEND SECTION 47-13-390, RELATING TO THE METHOD OF APPRAISAL OF
ANIMALS TO BE KILLED, SO AS TO CHANGE THE REFERENCE TO THE CHAIRMAN OF THE
VETERINARY
Printed Page 2213 . . . . . Friday, February 18,
1994
COMMITTEE OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION;
TO
AMEND SECTION 47-13-420, RELATING TO EXPENSES OF ANIMAL APPRAISAL, SO AS TO
CHANGE THE REFERENCES TO STATE VETERINARIAN AND CLEMSON UNIVERSITY TO THE
COMMISSION AND REVISE AUTHORIZED EXPENSES; TO AMEND SECTION 47-13-680, RELATING
TO VIOLATIONS PERTAINING TO ANIMALS WITH BRUCELLOSIS, SO AS TO CHANGE THE
REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION
AND
REVISE PENALTIES; TO AMEND SECTION 47-13-690, RELATING TO INDEMNITY FOR INFECTED
CATTLE, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY TO THE
COMMISSION;
TO AMEND SECTION 47-13-880, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH
TUBERCULOSIS AND PARATUBERCULOSIS, SO AS TO CHANGE THE REFERENCE TO THE
BOARD OF
TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO
AMEND
SECTION 47-13-1220, RELATING TO THE POWERS AND DUTIES OF CLEMSON UNIVERSITY AND
THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCES FROM THE
LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY AND STATE
VETERINARIAN
TO THE COMMISSION AND DELETE THE REFERENCE TO THE POULTRY TECHNICAL
COMMITTEE;
TO AMEND SECTION 47-13-1230, RELATING TO POULTRY PULLORUM AND TYPHOID
REGULATIONS, SO AS TO PROVIDE FOR THE STATE LIVESTOCK-POULTRY HEALTH
COMMISSION
TO PROMULGATE THE REGULATIONS INSTEAD OF CLEMSON UNIVERSITY AND DELETE
PROVISIONS FOR THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1240,
RELATING TO VIOLATIONS PERTAINING TO POULTRY PULLORUM AND TYPHOID, SO AS TO
REVISE PENALTIES; TO AMEND SECTION 47-15-70, RELATING TO THE ADMINISTRATION AND
ENFORCEMENT OF THE CHAPTER PERTAINING TO FEEDING GARBAGE TO SWINE, SO AS TO
PROVIDE FOR ADMINISTRATION AND ENFORCEMENT BY THE COMMISSION INSTEAD OF
CLEMSON
UNIVERSITY, DELETE THE PROVISION FOR REGULATIONS, AND INCLUDE THE CHAPTER
PERTAINING TO THE COMMISSION IN THE ADMINISTRATION AND ENFORCEMENT; TO AMEND
SECTION 47-15-80, RELATING TO VIOLATIONS PERTAINING TO THE CHAPTER ON SWINE, SO
AS
Printed Page 2214 . . . . . Friday, February 18,
1994
TO REVISE PENALTIES; TO AMEND SECTION 47-17-20, RELATING TO DEFINITIONS
PERTAINING TO THE MEAT AND MEAT FOOD REGULATIONS AND INSPECTION LAW, SO AS
TO
REVISE THE DEFINITION OF DIRECTOR AND PROVIDE FOR THE LAW TO BE ADMINISTERED
BY
THE COMMISSION; TO AMEND SECTION 47-17-100, RELATING TO CERTAIN VIOLATIONS
PERTAINING TO MEAT AND MEAT FOOD REGULATIONS, SO AS TO REVISE PENALTIES; TO
AMEND SECTION 47-17-120, RELATING TO LICENSES FOR ESTABLISHMENTS WHERE ANIMALS
ARE SLAUGHTERED OR MEAT IS PACKED, SO AS TO CHANGE THE REFERENCE TO LICENSE
TO
PERMIT, INCLUDE EQUINE WITHIN THE PERMITTING PROVISIONS, REVISE THE PERMIT FEE
AND OTHER REQUIREMENTS, AND DELETE THE AUTHORIZATION FOR CERTAIN
REGULATIONS; TO
AMEND SECTION 47-19-10, RELATING TO THE CITE TO THE SOUTH CAROLINA POULTRY
PRODUCTS INSPECTION ACT OF 1969, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED
BY THE COMMISSION; TO AMEND SECTION 47-19-20, RELATING TO DEFINITIONS PERTAINING
TO THE 1969 ACT, SO AS TO DELETE THE DEFINITION FOR THE BOARD OF TRUSTEES OF
CLEMSON UNIVERSITY, DEFINE COMMISSION, AND CHANGE THE REFERENCE TO CLEMSON
UNIVERSITY LIVESTOCK-POULTRY HEALTH DEPARTMENT TO COMMISSION; TO AMEND
SECTION
47-19-30, RELATING TO THE STATE AGENCY TO COOPERATE WITH THE SECRETARY OF
AGRICULTURE UNDER THE FEDERAL POULTRY PRODUCTS INSPECTION ACT, SO AS TO
CHANGE
THE REFERENCE TO CLEMSON UNIVERSITY AND ITS LIVESTOCK-POULTRY HEALTH
DEPARTMENT
AND DIRECTOR TO THE COMMISSION AND CLARIFY THE REFERENCE TO DIRECTOR; TO
REPEAL
ARTICLE 5, CHAPTER 9, TITLE 47 RELATING TO IMPORTATION OF LIVESTOCK, SECTIONS
47-13-40 RELATING TO QUARANTINE BY THE STATE VETERINARIAN, 47-13-50 RELATING TO
LIVESTOCK DISEASE REGULATIONS, 47-13-90 RELATING TO THE HOG CHOLERA VIRUS,
47-13-100 RELATING TO HOG CHOLERA REPORTS, 47-13-120 RELATING TO OBSTRUCTION OF
THE STATE VETERINARIAN IN DISCHARGING HIS DUTIES, 47-13-140 RELATING TO
EMBARGOES ON IMPORTING LIVESTOCK OR POULTRY; 47-13-330 RELATING TO PENALTIES
FOR
FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE FEVER TICK, AND 47-13-350
RELATING TO TREATMENT OR DESTRUCTION OF DISEASED ANIMALS,
Printed Page 2215 . . . . . Friday, February 18,
1994
ARTICLE 9, CHAPTER 13, TITLE 47 RELATING TO HOG CHOLERA, AND SECTION 47-17-110
RELATING TO NOTICE OF VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD
REGULATIONS;
AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES.
H. 4501 -- Reps. Snow, McMahand, Baker, Farr, McAbee, Carnell, Townsend,
Jaskwhich, Allison, Chamblee, D. Smith, Tucker, Stille, Littlejohn, Cooper,
Haskins, Cato, Vaughn, Trotter, Anderson, Fair, T.C. Alexander, Wells, Lanford,
Davenport, Phillips, McCraw, Mattos and Stone: A BILL TO AMEND THE CODE OF LAWS
OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-395 SO AS TO PROVIDE FOR THE
ISSUANCE OF ANTERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.
ADJOURNMENT
At 10:30 A.M. the House in accordance with the ruling of the SPEAKER
adjourned to meet at 12:00 Noon, Tuesday, February 22.
* * *
Printed Page 2216 . . . . . Tuesday, February 22,
1994
Tuesday, February 22, 1994
(Statewide Session)
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:
Our fathers' God, we come to You with revered remembrance that on this date was
born the one that we call the father of our Country, George Washington. We
recall in thankfulness the moral fiber of his mind, his courage when confronted
by hardships, his willingness to adventure, his skill in leading others and his
contribution in helping to found this our beloved Nation. Above all we thank
You for his humble faith which time and again sent him to his knees in prayer.
May the memory of George Washington's life inspire us to labor to preserve
liberty in our land and proclaim freedom to all the world.
In Your Holy Name we pray. 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.
MOTION ADOPTED
Rep. CROMER moved that when the House adjourns, it adjourn in memory of Bubba
Ridgeway of Lower Richland, which was agreed to.
Printed Page 2217 . . . . . Tuesday, February 22,
1994
REGULATIONS RECEIVED
The following were received and referred to the appropriate committee for
consideration.
Document No. 1729
Promulgated By Board of Cosmetology, Department of Labor, Licensing and
Regulation
Practice of Cosmetology; Fees; Fines
Received By Speaker February 17, 1994
Referred to House Committee on Medical, Military, Public and Municipal
Affairs
120 Day Review Expiration Date January 24, 1995
Document No. 1732
Promulgated By Board of Cosmetology, Department of Labor, Licensing and
Regulation
Sanitary and Safety Rules for Salons and Schools
Received By Speaker February 17, 1994
Referred to House Committee on Medical, Military, Public and Municipal
Affairs
120 Day Review Expiration Date January 24, 1995
REGULATION WITHDRAWN
The following was received.
Document No. 1699
Promulgated By Board of Registration for Professional Engineers & Land
Surveyors
Registration of TAC/ABET Four-year engineering technology graduates thus
establishing a two-tier category registration designation
Received By Speaker January 18, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 18, 1994
Senate Labor, Commerce and Industry Committee requested withdrawal February 14,
1994 (120 Day Review Period Tolled)
Withdrawn February 14, 1994
Printed Page 2218 . . . . . Tuesday, February 22,
1994
HOUSE RESOLUTION
The following was taken up for immediate consideration:
H. 4785 -- Reps. Sheheen, Wilkins, T.C. Alexander, Boan, Hodges, McTeer,
Neilson, Phillips, Rhoad and Waldrop: A HOUSE RESOLUTION TO PROVIDE THAT THE
HOUSE OF REPRESENTATIVES, PURSUANT TO SECTION 58-3-26 OF THE 1976 CODE, DECLARES
THAT THE THREE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO SERVE ON THE JOINT
COMMITTEE TO SCREEN CANDIDATES FOR ELECTION TO THE PUBLIC SERVICE COMMISSION
SHALL BE APPOINTED BY THE SPEAKER OF THE HOUSE.
Whereas, Section 58-3-26 of the 1976 Code provides that whenever an election
is to be held by the General Assembly to elect a person to serve on the Public
Service Commission, a joint committee shall be appointed consisting in part of
three members of the House of Representatives to be selected in the manner the
body shall determine; and
Whereas, the members of the House of Representatives, by this resolution,
have determined to provide that the three members of the House of
Representatives to serve on this joint committee shall be appointed by the
Speaker. Now, therefore,
Be it resolved by the House of Representatives:
That the House of Representatives, pursuant to Section 58-3-26 of the 1976
Code, hereby declares that the three members of the House of Representatives to
serve on the joint committee to screen candidates for election to the Public
Service Commission shall be appointed by the Speaker of the House.
The Resolution was adopted.
CONCURRENT RESOLUTION
The following was introduced:
H. 4786 -- Reps. Harvin, G. Brown, Canty, McElveen, McLeod and Neal: A
CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE EDWARD S.
ERVIN,
III, OF SUMTER COUNTY FOR HIS MANY YEARS OF DEDICATED PUBLIC SERVICE AS A
MEMBER
OF THE FORMER STATE COLLEGE BOARD OF TRUSTEES AND AS A MEMBER OF THE
INDEPENDENT
BOARD OF TRUSTEES OF FRANCIS MARION UNIVERSITY; WISHING HIM SUCCESS AND
HAPPINESS
Printed Page 2219 . . . . . Tuesday, February 22,
1994
FOLLOWING HIS RETIREMENT; AND DESIGNATING HIM AS "TRUSTEE EMERITUS"
OF FRANCIS MARION UNIVERSITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
CONCURRENT RESOLUTION
The following was introduced:
H. 4787 -- Rep. Harvin: A CONCURRENT RESOLUTION INVITING KIMBERLY AIKEN OF
COLUMBIA, MISS AMERICA 1994, AND LU PARKER OF ESTILL, MISS USA 1994, TO APPEAR
TOGETHER IN A JOINT SESSION OF THE GENERAL ASSEMBLY, ON A DATE AND AT A TIME
TO
BE DETERMINED BY THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF
REPRESENTATIVES, FOR THE PURPOSE OF MAKING BRIEF REMARKS AND TO BE
CONGRATULATED
UPON THEIR RESPECTIVE PAGEANT VICTORIES.
The Concurrent Resolution was ordered referred to the Committee on
Invitations and Memorial Resolutions.
HOUSE RESOLUTION
The following was introduced:
H. 4788 -- Reps. Carnell, McAbee and Klauber: A HOUSE RESOLUTION CONGRATULATING
THE LANDER UNIVERSITY SENATORS MEN'S TENNIS TEAM AND ITS COACH, WINNERS OF
THE
1993 NCAA DIVISION II NATIONAL MEN'S TENNIS CHAMPIONSHIP.
The Resolution was adopted.
HOUSE RESOLUTION
The following was taken up for immediate consideration:
H. 4789 -- Reps. Carnell, McAbee and Klauber: A HOUSE RESOLUTION EXTENDING THE
PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LANDER
UNIVERSITY
SENATORS MEN'S TENNIS TEAM AND COACHING STAFF ON THURSDAY, FEBRUARY 24, 1994,
FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1993
NCAA
DIVISION II NATIONAL MEN'S TENNIS CHAMPIONSHIP.
| Printed Page 2203, Feb. 17
| Printed Page 2220, Feb. 22
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