Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 3020, Mar. 3 | Printed Page 3040, Mar. 7 |

Printed Page 3030 . . . . . Monday, March 7, 1994

H. 4883 -- Reps. Davenport, Quinn, Law, Simrill, Haskins, Vaughn, Thomas, Klauber, Wells, McLeod, Wofford, Cato, McCraw, Richardson, D. Smith, Corning, Delleney, Wright, Gamble, Keegan, Littlejohn, Fair and J. Harris: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 SO AS TO PROVIDE THAT NO STATE FUNDS MAY BE APPROPRIATED TO A STATE AGENCY, BOARD, COMMITTEE OR COMMISSION, OR A LOCAL GOVERNMENTAL ENTITY OR POLITICAL SUBDIVISION OF THE STATE IF VOLUNTARY PRAYER IS DENIED OR PREVENTED TO AN EMPLOYEE, STUDENT, OR CLIENT OF THOSE ENTITIES.

Referred to Committee on Ways and Means.

H. 4884 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-165 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH AN INFECTIOUS WASTE PROGRAM FUND TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO TWENTY-FIVE DOLLARS A TON ON ALL WASTE AND TO REMOVE THE FEE DIFFERENTIAL BETWEEN IN-STATE AND OUT-OF-STATE; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FEES


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REMAINING AFTER THE FUNDING OF THE INFECTIOUS WASTE PROGRAM FUND MUST BE DEPOSITED IN THE INFECTIOUS WASTE MANAGEMENT FUND.

Rep. McTEER asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. DAVENPORT objected.

Referred to Committee on Ways and Means.

H. 4885 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 40-68-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF STAFF LEASING SERVICES, QUALIFICATIONS TO SERVE AS CONTROLLING PERSON, BACKGROUND INVESTIGATION, AND RELATED MATTERS, SO AS TO REQUIRE FINGERPRINTING IN THE BACKGROUND INVESTIGATION OF EACH INDIVIDUAL APPLICANT FOR A LICENSE OR RENEWAL OF A LICENSE AND OF EACH CONTROLLING PERSON OF EACH APPLICANT, AND TO REQUIRE, RATHER THAN MERELY ALLOW, THE BACKGROUND INVESTIGATION TO INCLUDE THE SUBMISSION OF FINGERPRINTS FOR PROCESSING THROUGH APPROPRIATE LOCAL, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES AND EXAMINATION BY THE DEPARTMENT OF CONSUMER AFFAIRS, ONLY IF NECESSARY, OF POLICE OR OTHER LAW ENFORCEMENT RECORDS MAINTAINED BY LOCAL, STATE, OR FEDERAL LAW ENFORCEMENT AGENCIES.

Referred to Committee on Judiciary.

H. 4886 -- Rep. G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-175 SO AS TO PROVIDE THAT A MOTOR VEHICLE USED AND OWNED BY A PERSON IN THE THEFT OF PROPERTY MAY BE CONFISCATED.

Referred to Committee on Judiciary.

S. 847 -- Senators Passailaigue, Reese and Washington: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO REVISE THE TYPE OF


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SPECIAL PURPOSE DISTRICTS WHICH ARE ELIGIBLE AND TO PROVIDE THAT PUBLIC SERVICE DISTRICTS ARE ELIGIBLE ALSO.

Referred to Committee on Ways and Means.

S. 928 -- Senators Giese, Passailaigue, Glover, Hayes, Holland, Lander, Leatherman, Mitchell, O'Dell, Reese, Short, J. Verne Smith, Washington, Rose and Wilson: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO INCLUDE COUNTY COUNCILS ON AGING OR THOSE AGENCIES PROVIDING AGING SERVICES FUNDED BY THE OFFICE OF THE GOVERNOR, DIVISION ON AGING.

Referred to Committee on Ways and Means.

S. 1115 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.

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

S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS


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OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.

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

S. 1155 -- Senators Martin and Setzler: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.

Referred to Committee on Labor, Commerce and Industry.

S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR


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THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.

Referred to Committee on Judiciary.

S. 1221 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CPA CANDIDATE EXPERIENCE; RECIPROCITY WITH OTHER JURISDICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1684, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 1222 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-85 SO AS TO AUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS TO ISSUE VOLUNTEER LICENSES FOR PROVIDING CARE TO THE NEEDY AND INDIGENT IN SOUTH CAROLINA.

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

ROLL CALL

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

Alexander, M.O.  Allison          Anderson
Askins           Bailey, G.       Bailey, J.
Barber           Baxley           Beatty
Boan             Breeland         Brown, H.
Brown, J.        Byrd             Carnell
Cato             Chamblee         Cobb-Hunter
Corning          Cromer           Davenport
Delleney         Fair             Farr
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, J.
Harris, P.       Harvin           Harwell
Hines            Hodges           Holt
Hutson           Inabinett        Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Lanford          Law              Littlejohn

Printed Page 3035 . . . . . Monday, March 7, 1994

Marchbanks       Mattos           McAbee
McCraw           McElveen         McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Rhoad            Richardson
Riser            Robinson         Rogers
Scott            Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Thomas           Trotter
Vaughn           Waites           Waldrop
Walker           Wells            White
Wilder, D.       Wilder, J.       Wilkes
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Monday, March 7. Olin R. Phillips John G. Felder John W. Tucker, Jr. Lucille S. Whipper Terry E. Haskins William S. Houck, Jr. Woodrow M. McKay Irene K. Rudnick Denny W. Neilson Ronald P. Townsend E.B. McLeod, Jr. Thomas C. Alexander Daniel T. Cooper Larry L. Koon Douglas Jennings, Jr. Dell Baker H. Howell Clyborne, Jr. Grady A. Brown Michael F. Jaskwhich Roger M. Young Richard M. Quinn, Jr. Thomas E. Huff James P. Harrelson C. Lenoir Sturkie Morgan Martin

Total Present--118

LEAVES OF ABSENCE

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

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


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SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4840 -- Reps. Wilkins, M.O. Alexander, Anderson, Baker, Cato, Clyborne, Fair, Haskins, Jaskwhich, Mattos, McMahand and Vaughn: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO REDESIGNATE CERTAIN POLLING PLACES.

H. 4842 -- Reps. Thomas, Kennedy and Snow: A BILL TO PROVIDE THAT TRUSTEES OF THE GEORGETOWN COUNTY SCHOOL DISTRICT 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 TRUSTEES TAKE OFFICE.

ORDERED ENROLLED FOR RATIFICATION

The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 1193 -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

S. 1207 -- Senators Greg Smith and McGill: A BILL TO ABOLISH THE GEORGETOWN COUNTY BOARD OF VOTER REGISTRATION AND GEORGETOWN COUNTY ELECTION COMMISSION, AND TO


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CREATE THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION.

S. 1188--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1188 -- Senators Washington and Mescher: A BILL TO CREATE THE COLLETON COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS, AND TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND COLLETON COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

Reps. HARRELSON, COBB-HUNTER, INABINETT, McTEER and RHOAD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1081DW.94), which was adopted.

Amend the bill, as and if amended, by striking all after enacting words and inserting:

/SECTION 1. (A) There is created the Registration and Elections Commission for Colleton County. There are nine members of the commission who must be appointed by the Governor upon recommendation of a majority of the Colleton County Legislative Delegation, including one-half of the Senators and one-half of the House of Representatives comprising the Colleton County Legislative Delegation, of those first appointed, five must be for terms of four years and four must be for terms of two years. At the expiration of the two-year terms, successors must be appointed for terms of four years and until their successors are appointed and qualify.

(B) Between the first day of January and the fifteenth day of March of every even-numbered year, the Governor shall appoint the members of the commission, provided, that those first appointed may be appointed after the effective date of this act.

(C) Vacancies on the commission may be filled by appointment in the manner of original appointment for the unexpired term only.

(D) The members of the commission, the executive director, and staff shall receive compensation as may be appropriated by the county council upon the recommendation of the county legislative delegation.


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(E) The executive director must be appointed and may be removed by a majority of the Colleton County Legislative Delegation, including one-half of the Senators and one-half of the House of Representatives comprising the Colleton County Legislative Delegation.

SECTION 2. The Office of Commissioners of Election and the Registration Board for Colleton County are abolished. The powers and duties of the Commissioners of Election and the Registration Board are devolved upon the commission created in Section 1.

SECTION 3. The current members of the Colleton County Election Commission and the Colleton County Registration Board shall act as the governing commission of the new Colleton County Registration and Elections Commission established in this act until such time as the nine members of this commission appointed in the manner provided by this act take office. At this time, the terms of these former commissioners of election and registration board members shall expire.

SECTION 4. This act takes affect July 1, 1994.

Amend the title to read:

/TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR COLLETON COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR COLLETON COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE COLLETON COUNTY ELECTION COMMISSION AND THE COLLETON COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW COLLETON COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE./

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


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H. 4320--OBJECTIONS

The following Bill was taken up.

H. 4320 -- Reps. Cromer, Walker, Snow and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-10-275 SO AS TO PROVIDE FOR THE IMMEDIATE IMPOUNDMENT OF A MOTOR VEHICLE SUBJECT TO REGISTRATION IN THIS STATE WHICH IS BEING OPERATED WITHOUT INSURANCE, PROVIDE FOR PAYMENT OF THE COSTS OF THE IMPOUNDMENT AND OTHER FINES AND FEES, AND PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10900JM.94).

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Section 56-5-6240 of the 1976 Code, as last amended by Act 465 of 1992, is further amended to read:

"Section 56-5-6240. (A) In addition to the penalties for persons convicted of a fourth or subsequent violation within the last five years of operating a motor vehicle while his license is canceled, suspended, or revoked (DUS), or a fourth or subsequent violation within the last ten years of operating a motor vehicle while under the influence of intoxicating liquor or drugs (DUI), the persons must have the motor vehicle they drove during this offense forfeited if the offender is the owner of record, or a resident of the household of the owner of record under the terms and conditions as provided in subsections (B) and (C) and (D) and (E).

(B) In addition to the penalties provided for operating an uninsured motor vehicle and in Section 56-10-270, whenever it is determined by a law enforcement officer that a motor vehicle subject to registration in this State is being operated without insurance, such officer shall cause the uninsured vehicle to be immediately impounded. The uninsured vehicle shall not be returned to the owner thereof until he pays all of the costs of the impoundment, as well as all other fines or fees, or both, required by law to be paid for knowingly operating an uninsured motor vehicle or for knowingly allowing the operation of an uninsured motor vehicle in violation of Section 56-10-270 and furnishes proof of insurance


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satisfactory to the Division of Motor Vehicles of the Department of Revenue and Taxation.


| Printed Page 3020, Mar. 3 | Printed Page 3040, Mar. 7 |

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