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 3120, Mar. 8 | Printed Page 3140, Mar. 9 |

Printed Page 3130 . . . . . Tuesday, March 8, 1994

Rep. MOODY-LAWRENCE proposed the following Amendment No. 77 (Doc Name L:\h- wm\legis\amend\VC.010), which was tabled.

Amend the bill, as and if amended, Part IA, Section 29, DHHS, Page 290, Line 39, Opposite /Hospital Services/ by increasing the amount in column (5) by /$3,750,000/ and column (6) by /$1,095,375/

Amend further, Page 291, Line 4, Opposite /Physician Services/ by increasing the amount in column (5) by /$3,750,000/ and column (6) by /$1,095,375/

Renumber sections & amend totals/title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

Rep. MATTOS moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 37

Those who voted in the affirmative are:

Alexander, T.C.  Allison          Askins
Bailey, J.       Barber           Baxley
Brown, H.        Carnell          Cato
Chamblee         Clyborne         Cooper
Cromer           Delleney         Farr
Felder           Fulmer           Gamble
Graham           Hallman          Harris, J.
Harris, P.       Harrison         Haskins
Hodges           Houck            Jennings
Kelley           Kirsh            Koon
Lanford          Law              Littlejohn
Marchbanks       Mattos           McAbee
McCraw           McKay            McTeer
Meacham          Rhoad            Richardson
Riser            Robinson         Rogers
Sharpe           Sheheen          Shissias
Simrill          Smith, R.        Stone
Stuart           Sturkie          Trotter
Tucker           Vaughn           Walker
Wells            Wilkins          Witherspoon
Wofford          Worley           Wright

Total--63


Printed Page 3131 . . . . . Tuesday, March 8, 1994

Those who voted in the negative are:
Anderson         Bailey, G.       Beatty
Breeland         Brown, G.        Byrd
Cobb-Hunter      Davenport        Harrelson
Harwell          Hines            Holt
Hutson           Inabinett        Keegan
Kennedy          Keyserling       Kinon
McMahand         Moody-Lawrence   Neal
Neilson          Phillips         Rudnick
Scott            Snow             Spearman
Stoddard         Thomas           Waites
Waldrop          Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Williams

Total--37

So, the amendment was tabled.

Rep. GAMBLE proposed the following Amendment No. 104 (Doc Name L:\h- wm\legis\amend\VC.005), which was tabled.

Amend the bill, as and if amended, Part IA, Section 29, DHHS, Page 291, Line 3, Opposite /Pharmaceutical Services/ by decreasing the amount in column (5) by /4,100,000/ and column (6) by /1,200,000/

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

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

Section 29 was adopted.

MOTION NOTED

Rep. GONZALES moved to reconsider the vote whereby Amendment No. 45 was adopted to Section 30, Part IB and the motion was noted.

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

MOTION NOTED

Rep. BOAN moved to reconsider the vote whereby Part IB Sections 1, 1A, 2, 2A, 4A, 6DD, 8, 9, 10, 12, 14, 15, 16, 17, 17C, 17E, 17P, 17R, 17S, 17T, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 37,


Printed Page 3132 . . . . . Tuesday, March 8, 1994

38, 39, 42, 43, 44, 45, 46, 47, 48, 49, 50, 54, 55, 56, 57, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69A, 69B, 70, 129, Part IA Sections 3A, 4A, 6A, 6B, 12 and 29 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Part IA, Section 31.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4862 -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF SOUTH CAROLINA, AND EACH MEMBER OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO IMMEDIATELY BEGIN EFFORTS TO HELP THE TOWN OF KINGSTREE AND WILLIAMSBURG COUNTY RECOVER FROM THE DEVASTATING NEWS THAT BAXTER HEALTHCARE CORPORATION WILL CLOSE ITS PLANT IN KINGSTREE OVER THE NEXT TWO YEARS PUTTING EIGHT HUNDRED THIRTY PEOPLE OUT OF WORK.

ADJOURNMENT
At 6:05 P.M. the House in accordance with the motion of Rep. ROGERS adjourned in memory of Elliott D. "Duby" Thompson, to meet at 9:30 A.M. tomorrow.

* * *

Printed Page 3133 . . . . . Wednesday, March 9, 1994

Wednesday, March 9, 1994
(Statewide Session)

Indicates Matter Stricken Indicates New Matter

The House assembled at 9:30 A.M.

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

Our Father God, we offer our grateful thanks for Your protection that attended us during the past night and for bringing us safely to this hour. Today is the tomorrow that we worried about yesterday, and we see now how foolish our anxiety was. Teach us to trust You more completely and seek Your guidance in all that we do. Keep us diligent in the tasks at hand, knowing that small deeds done are better than great deed planned. Cause us to know that none of us can do everything, but each one can do something for the good of our fellowmen and acceptable to You.

Grant us Your peace. 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 yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. DAVENPORT moved that when the House adjourns, it adjourn in memory of Robert "Bob" H. Chapman, Jr., which was agreed to.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., March 9, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R302, H. 4570 by a vote of 44 to 0. (R302) H. 4570 -- Reps. Baker and McMahand: AN ACT TO AMEND ACT 67 OF 1965, AS AMENDED, RELATING TO THE BOARD OF FIRE CONTROL FOR THE SOUTH GREENVILLE AREA FIRE DISTRICT, SO AS TO PROVIDE THAT A VACANCY


Printed Page 3134 . . . . . Wednesday, March 9, 1994

MUST BE FILLED BY APPOINTMENT BY THE GOVERNOR FOR THE UNEXPIRED PORTION OF THE TERM. Very respectfully, President

No. 114

Received as information.

REGULATION RECEIVED

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

Document No. 1743 Promulgated By Department of Labor, Licensing and Regulation, Occupational Health and Safety Review Board Failure to Appear at Hearing Before the Occupational Health and Safety Review Board Received By Speaker March 8, 1994 Referred to House Committee on Labor, Commerce and Industry 120 Day Review Expiration Date February 12, 1995

REPORTS OF STANDING COMMITTEES

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4868 -- Reps. Snow, M.O. Alexander, Allison, Anderson, J. Bailey, Baker, Barber, Baxley, Breeland, J. Brown, Byrd, Carnell, Chamblee, Clyborne, Cobb-Hunter, Corning, Cromer, Delleney, Elliott, Fair, Fulmer, Gamble, Govan, Hallman, J. Harris, P. Harris, Harrison, Harvin, Harwell, Hines, Hodges, Holt, Huff, Inabinett, Jaskwhich, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Law, Littlejohn, Martin, Mattos, McCraw, McElveen, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Richardson, Riser, Robinson, Rogers, Rudnick, Scott, Sharpe, Shissias, D. Smith, R. Smith, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, J. Wilder, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A HOUSE RESOLUTION TO REQUEST THE ATTORNEY GENERAL AND THE STATE CONSUMER ADVOCATE TO INVESTIGATE WHETHER OR NOT CERTAIN COMPANIES OR ENTITIES OFFERING RESIDENTS OF THIS STATE THROUGH THE MAIL THE OPPORTUNITY TO WIN CASH OR PRIZES THROUGH


Printed Page 3135 . . . . . Wednesday, March 9, 1994

A SWEEPSTAKES OR SIMILAR TYPES OF CONTEST ARE VIOLATING ANY PROVISION OF STATE OR FEDERAL LAW.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4870 -- Reps. Davenport, Meacham, Vaughn, R. Smith, M.O. Alexander, Stoddard, Marchbanks, Wofford, Stone, Stuart, Townsend, Moody-Lawrence, Harrell, Witherspoon, Cato, Simrill, Hutson, Keegan, Chamblee, Harrelson, Stille, Hallman, Haskins, Richardson, Riser, J. Wilder, Klauber, D. Wilder, Fulmer, Cromer, Spearman, J. Bailey, H. Brown, Baker, Hines, G. Bailey, Allison, Lanford, Scott, Robinson, Tucker, Wright, Carnell, Neilson, Koon, Phillips, Law, Kinon, Littlejohn, Walker, D. Smith, McCraw, Farr and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE PRESIDENT OF THE UNITED STATES AND THE CONGRESS OF THE UNITED STATES TO TAKE URGENT AND FIRM ACTION TO ENSURE THE HEALTH OF THE AMERICAN TEXTILE INDUSTRY.

Ordered for consideration tomorrow.

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

S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.

Ordered for consideration tomorrow.


Printed Page 3136 . . . . . Wednesday, March 9, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 4895 -- Reps. Wright, Sturkie, Gamble, Riser, Stuart and Koon: A CONCURRENT RESOLUTION COMMENDING STEVEN A. GANTT FOR HIS OUTSTANDING PUBLIC SERVICE AS EXECUTIVE DIRECTOR OF THE IRMO CHAPIN RECREATION COMMISSION.

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

CONCURRENT RESOLUTION

On motion of Rep. HOLT, with unanimous consent, the following was taken up for immediate consideration:

S. 1241 -- Senators Richter, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MISS FRANCES LOUISE PARKER OF CHARLESTON UPON BEING CHOSEN MISS USA 1994 AND TO EXTEND AN INVITATION TO MISS PARKER TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:15 P.M. ON TUESDAY, MARCH 15, 1994.

Whereas, Miss Frances Louise Parker was born in Anderson but spent her formative years on her family's working farm in the community of Estill in Hampton County; and

Whereas, Miss Parker, now of Charleston, competed in the Miss USA pageant in South Padre Island, Texas, against women from forty-nine other states and the District of Columbia; and

Whereas, Miss Parker was selected by a panel of judges on Friday, February 11, 1994, as Miss USA 1994; and

Whereas, as Miss USA, Miss Parker will represent the United States in the Miss Universe Pageant on May 20, 1994, in Manila, Philippines; and

Whereas, Miss Parker earned a Bachelor of Arts Degree in English from the College of Charleston and a Masters of Arts Degree in Teaching English from the Citadel; and

Whereas, Miss Parker has demonstrated her commitment to improving the opportunities for the youth of South Carolina by entering the


Printed Page 3137 . . . . . Wednesday, March 9, 1994

profession of teaching at North Charleston High School where she teaches ninth grade English Literature; and

Whereas, this commitment inspired her to form and work as executive director of H.A.T.S (Helping All Teens Survive) International, an organization which helps teens in crisis by promoting a positive attitude and self-esteem through counseling and outreach programs; and

Whereas, the members of the General Assembly would like to hear her speak on the issues important to her and the State and would like to invite her to speak to a joint session of the General Assembly. Now, therefore,

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

That the members of the General Assembly congratulate Miss Frances Louise Parker of Charleston on the occasion of being chosen Miss USA 1994 and invite her to address a joint session of the General Assembly at 12:15 P.M. on Tuesday, March 15, 1994.

Be it further resolved that a copy of this resolution be forwarded to Miss USA 1994, Frances Louise Parker.

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

INTRODUCTION OF BILLS

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

H. 4896 -- Rep. G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-3-995 SO AS TO PROVIDE REQUIREMENTS FOR THE SAMPLING OF DISTILLED SPIRITS IN RETAIL ALCOHOLIC LIQUOR STORES.

Referred to Committee on Labor, Commerce and Industry.

H. 4897 -- Rep. Fair: A BILL TO AMEND SECTION 13-7-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO REGULATING RADIATION SOURCES, SO AS TO LIMIT TO FOUR THE NUMBER OF HOURS REQUIRED FOR TRAINING PROGRAMS FOR OPERATORS OF TANNING EQUIPMENT.

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


Printed Page 3138 . . . . . Wednesday, March 9, 1994

H. 4898 -- Rep. Sharpe: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS FOR REPAIR OR STORAGE, SO AS TO EXPAND CIRCUMSTANCES UNDER WHICH A LIEN OCCURS, TO EXPAND THE NOTICE PROVISIONS, AND TO PROVIDE FOR THE SCHEDULING OF THE SALE; TO AMEND SECTION 56-5-5640, RELATING TO SALE OF UNCLAIMED VEHICLES, SO AS TO ALLOW FOR THE SALE BY A MAGISTRATE PURSUANT TO SECTION 29-15-10; AND TO AMEND SECTION 56-5-5900, RELATING TO LIABILITY OF LIENHOLDERS OF STOLEN VEHICLES, SO AS TO PROVIDE THAT OWNERS OR LIENHOLDERS OF STOLEN VEHICLES ARE NOT EXEMPT FROM TOWING AND STORAGE COSTS WHEN A VEHICLE IS RECOVERED.

Referred to Committee on Judiciary.

H. 4899 -- Reps. P. Harris and Cromer: A BILL TO PROVIDE THAT IT IS UNLAWFUL TO LICK, KISS, OR BITE A CANE TOAD OR TO ENGAGE IN THE ACT OF TOAD-SMOKING, AND TO PROVIDE FOR A PENALTY OF THIRTY DAYS' COMMUNITY SERVICE AT THE AQUARIUM/REPTILE COMPLEX AT RIVERBANKS ZOO IN COLUMBIA.

Referred to Committee on Judiciary.

S. 292 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 33, TITLE 43, SO AS TO ENACT THE "EMPLOYMENT BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO AMEND SECTIONS 43-33-510, 43-33-520, 43-33-530, 43-33-540, AND 43-33-560, ALL RELATING TO THE "BILL OF RIGHTS FOR HANDICAPPED PERSONS", SO AS TO DELETE REFERENCES TO EMPLOYMENT AND TO CHANGE THE TERM "HANDICAPPED PERSONS" TO "PERSONS WITH DISABILITIES"; TO CHANGE THE TITLE OF ARTICLE 7, CHAPTER 33, TITLE 43 TO "BILL OF RIGHTS FOR PERSONS WITH DISABILITIES"; TO REPEAL SECTION 43-33-550 RELATING TO JURISDICTION OF THE STATE HUMAN AFFAIRS COMMISSION WITH REGARD TO EMPLOYMENT DISCRIMINATION; TO REPEAL SECTION 43-33-570 RELATING TO THE DEFINITION OF REASONABLE JUSTIFICATION; AND TO REPEAL SECTION 43-33-580 RELATING


Printed Page 3139 . . . . . Wednesday, March 9, 1994

TO THE EXEMPTION OF CONTRACTORS SUBJECT TO FEDERAL LAW REGARDING EMPLOYMENT DISCRIMINATION.

Referred to Committee on Labor, Commerce and Industry.

S. 398 -- Senator Hayes: A BILL TO AMEND SECTIONS 27-40-710, AS AMENDED, AND 27-40-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SERVICE OF PROCESS TO A TENANT UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO PROVIDE THAT A LANDLORD'S OBLIGATION TO PROVIDE SERVICE UNDER THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE IS SATISFIED AFTER THE LANDLORD HAS GIVEN NOTICE ONE TIME, AND PROVIDE THE MANNER IN WHICH THIS NOTICE MUST BE GIVEN.

Referred to Committee on Judiciary.

S. 787 -- Senator Stilwell: A BILL TO AMEND ARTICLE 13, CHAPTER 7, TITLE 14 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, BY ADDING SECTION 14-7-1595, SO AS TO PROVIDE FOR EMPOWERING A COUNTY GRAND JURY TO INVESTIGATE CERTAIN OFFENSES AND GIVING THE SOLICITOR CERTAIN ADDITIONAL POWERS AND AUTHORITIES BEFORE A COUNTY GRAND JURY EMPOWERED TO INVESTIGATE THOSE OFFENSES.

Referred to Committee on Judiciary.

S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.

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

S. 1034 -- Senator Bryan: A BILL TO AMEND SECTION 17-13-140, RELATING TO THE ISSUANCE, EXECUTION, AND RETURN OF SEARCH WARRANTS, SO AS TO PROVIDE THAT IF A WARRANT IS ISSUED UPON AN AFFIDAVIT WHICH IS SUPPLEMENTED BY SWORN ORAL TESTIMONY, THE ISSUING JUDGE MUST MAKE CONTEMPORANEOUS WRITTEN NOTES OF THAT SWORN ORAL


Printed Page 3140 . . . . . Wednesday, March 9, 1994

TESTIMONY AND THOSE NOTES MUST BE MADE PART OF THE RECORD; AND TO AMEND SECTION 17-13-141, RELATING TO RECORDS TO BE KEPT BY JUDICIARY OFFICERS AUTHORIZED TO ISSUE SEARCH WARRANTS, SO AS TO REQUIRE THAT THE CONTEMPORANEOUS WRITTEN NOTES OF ANY SWORN ORAL TESTIMONY WHICH SUPPLEMENTS AN AFFIDAVIT BE KEPT AS PART OF THE RECORD.

Referred to Committee on Judiciary.


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