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 3940, Mar. 30 | Printed Page 3960, Mar. 31 |

Printed Page 3950 . . . . . Wednesday, March 30, 1994

Renumber sections to conform.

Amend totals and title to conform.

Rep. WHIPPER explained the amendment.

The amendment was then adopted.

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

H. 4351--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WHIPPER, with unanimous consent, it was ordered that H. 4351 be read the third time tomorrow.

MOTION REJECTED

Rep. H. BROWN moved that the House do now adjourn, which was rejected by a division vote of 39 to 43.

H. 4642--DEBATE ADJOURNED

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Tuesday, April 5, which was adopted.

H. 4642 -- Reps. Hodges and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-590 SO AS TO PROVIDE THAT TELECOMMUNICATIONS SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS MUST BE DEEMED COMPETITIVE SERVICES AFTER JULY 1, 1994, REQUIRE THE PUBLIC SERVICE COMMISSION TO CONDUCT HEARINGS, MAKE FINDINGS, AND ESTABLISH BENCHMARKS AS TO THE COMPETITION WHICH EXISTS AMONG THE INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AND PROVIDE FOR RELATED MATTERS.

H. 4858--DEBATE ADJOURNED

Rep. RHOAD moved to adjourn debate upon the following Joint Resolution until Tuesday, April 5, which was adopted.

H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT:


Printed Page 3951 . . . . . Wednesday, March 30, 1994

MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

RECURRENCE TO THE MORNING HOUR

Rep. FARR moved that the House recur to the morning hour, which was agreed to by a division vote of 44 to 23.

INTRODUCTION OF BILLS

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

H. 5008 -- Reps. Gonzales, Whipper, Fulmer, Harrell, Hallman and J. Bailey: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT WHEN A VACANCY OCCURS ON THE CONSTITUENT SCHOOL DISTRICT BOARD OR ON THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD, THE COUNTY COUNCIL SHALL APPOINT A TRUSTEE TO SERVE UNTIL THE NEXT GENERAL ELECTION OR UNTIL THE GENERAL ELECTION FOLLOWING THE NEXT GENERAL ELECTION IF THE VACANCY OCCURS FEWER THAN FOUR MONTHS BEFORE THE GENERAL ELECTION.

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

H. 5009 -- Reps. Farr, Snow, McCraw, Littlejohn, Walker, Davenport, Simrill, Rhoad, Stille, Hines, Mattos, Wells, D. Smith, Stone, Kirsh, Delleney, Vaughn, Robinson, Anderson, Allison, Spearman, D. Wilder, Meacham, Baker, Tucker, Fair, Chamblee, Haskins, Graham, Cato, Waldrop, Marchbanks and Carnell: A JOINT RESOLUTION TO PROVIDE FOR AN EXPERIMENTAL RABBIT HUNTING SEASON IN GAME ZONES 1, 2, AND 4.

Rep. FARR asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.

Rep. KENNEDY objected.

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


Printed Page 3952 . . . . . Wednesday, March 30, 1994

H. 5008--ORDERED TO BE READ SECOND TIME TOMORROW

On motion of Rep. GONZALES, with unanimous consent, it was ordered that H. 5008 be read the second time tomorrow.

H. 4859--DEBATE ADJOURNED

Rep. RHOAD moved to adjourn debate upon the following Joint Resolution until Tuesday, April 5, which was adopted.

H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

ORDERED TO THIRD READING

The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:

H. 4860 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4861 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO IMPORTATION OF RATITES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 954 -- Senators Leventis, Martin, Land, Peeler, Holland and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 48 SO AS TO AUTHORIZE PRESCRIBED FIRES TO BE CONDUCTED UNDER


Printed Page 3953 . . . . . Wednesday, March 30, 1994

CERTAIN CONDITIONS, DEFINE TERMS, PROVIDE FOR PROMULGATION OF REGULATIONS, LIMIT RELATED LIABILITY, AND PROVIDE FOR PRESCRIBED FIRES CONDUCTED WITHOUT A PRESCRIBED FIRE MANAGER.

H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.

S. 1105 -- Senator Leatherman: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE FLORENCE COUNTY VISITOR INFORMATION CENTER.

S. 1063 -- Senator Bryan: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, AND 40-25-80, ALL 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 THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS


Printed Page 3954 . . . . . Wednesday, March 30, 1994

RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.

H. 4861--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RISER, with unanimous consent, it was ordered that H. 4861 be read the third time tomorrow.

S. 954--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RHOAD, with unanimous consent, it was ordered that S. 954 be read the third time tomorrow.

H. 4843--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. P. HARRIS, with unanimous consent, it was ordered that H. 4843 be read the third time tomorrow.

S. 1105--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that S. 1105 be read the third time tomorrow.

S. 1063--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that S. 1063 be read the third time tomorrow.

H. 4702--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4702 -- Reps. J. Brown, Beatty, Cobb-Hunter, Gamble, Stuart, McAbee, Canty, McMahand, Byrd, Govan, Inabinett, Lanford, Whipper, Wells, Keyserling and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-105 SO AS TO PROVIDE REQUIREMENTS TO RENEW A LICENSE FOR FUNERAL DIRECTORS AND EMBALMERS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7662BDW.94), which was adopted.

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


Printed Page 3955 . . . . . Wednesday, March 30, 1994

/SECTION 1. The 1976 Code is amended by adding:

"Section 40-19-105. (A) If a licensee under this chapter fails to renew his license pursuant to Section 40-19-100(6), the board shall renew his license if he:

(1) previously held a valid license subject to the renewal which has not been suspended or revoked;

(2) has not been convicted of a violent crime, a felony, or a crime of moral turpitude;

(3) pays a fee of two hundred dollars for each license and pays the current year license fee;

(4) completes the required continuing education hours for the previous and current license years;

(5) passes a written examination administered by the board pertaining to state funeral service, preneed and cremation laws, or other state laws pertaining to the funeral profession.

(B) A manager of record of a funeral home, funeral establishment, or mortuary who is not licensed under this chapter shall pass the written examination provided for in item (5) of subsection (A) if he has not scored a passing grade on the examination during the past five years."

SECTION 2. The 1976 Code is amended by adding:

"Section 40-19-95. The board shall promulgate regulations regarding the transportation of dead human bodies in this State as it relates to a removal or embalming service, company, or corporation."

SECTION 3. Section 40-19-90 of the 1976 Code, as last amended by Act 70 of 1991, is further amended to read:

"Section 40-19-90. The board is authorized to may promulgate regulations governing the qualifications, fitness, and practices of those engaged in embalming and funeral directing in this State and the care and disposition of dead human bodies, the standards of sanitation to be observed in the embalming and care of dead human bodies, and the administration of this chapter which shall include. These regulations regarding must include the procedure to be followed in the making of applications for licenses, in the issuance and renewal of licenses, and the conduct of examinations.

The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually or six credit hours biennially to sustain competency and to remain current. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary who has been licensed for thirty or more years or who has attained the age of sixty years. This continuing education program must


Printed Page 3956 . . . . . Wednesday, March 30, 1994

be offered, at a minimum, four times a year at locations easily accessible to participants and must be available through correspondence courses. The board shall develop a continuing education program to require each affected licensee to receive a minimum of three credit hours annually or six credit hours biennially to sustain competency and to remain current."

SECTION 4. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. LANFORD proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\N05\7750BDW.94), which was adopted.

Amend the bill, as and if amended, Section 40-19-105, SECTION 1, page 4702-1, line 26, by deleting /(A)/;

Amend further by deleting Section 40-19-105(B), beginning on page 4702-1 and line 40.

Amend title to conform.

Rep. LANFORD explained the amendment.

The amendment was then adopted.

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

H. 4702--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 4702 be read the third time tomorrow.

S. 88--DEBATE ADJOURNED

Rep. J. BAILEY moved to adjourn debate upon the following Bill until Thursday, April 7, which was adopted.

S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT


Printed Page 3957 . . . . . Wednesday, March 30, 1994

ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.

Rep. VAUGHN moved that the House do now adjourn.

POINT OF ORDER

Rep. McTEER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

The motion to adjourn was then agreed to.

ADJOURNMENT

At 12:00 Noon the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Robert A. Curtis of Rock Hill, to meet at 10:00 A.M. tomorrow in local session.

* * *


Printed Page 3958 . . . . . Thursday, March 31, 1994

Thursday, March 31, 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, we are grateful that You are always seeking to minister to our needs: quieting our restlessness, healing our heartaches, comforting our sorrows, and forgiving us of our wrongdoings. Emancipate us from everything that undermines our faith or holds back our complete surrender to the way You would have us to go. Forbid that we should walk on a lower level when You are calling us to take the lofty way.

May Your will find fruition and fulfillment in us and through us. To You we give unending gratitude and praise. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 5006 -- Reps. Hutson, A. Young and G. Bailey: A BILL TO PROVIDE THAT THE COMMISSIONERS OF ELECTION FOR DORCHESTER COUNTY MUST BE APPOINTED BY THE DORCHESTER COUNTY COUNCIL, AND PROVIDE FOR THE MANNER IN WHICH THEY MUST BE APPOINTED.

H. 5008 -- Reps. Gonzales, Whipper, Fulmer, Harrell, Hallman and J. Bailey: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT WHEN A VACANCY OCCURS ON THE CONSTITUENT SCHOOL DISTRICT BOARD OR ON THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD, THE COUNTY COUNCIL SHALL APPOINT A TRUSTEE TO SERVE UNTIL THE NEXT GENERAL ELECTION OR UNTIL THE GENERAL ELECTION FOLLOWING THE NEXT GENERAL ELECTION IF THE VACANCY OCCURS FEWER THAN FOUR MONTHS BEFORE THE GENERAL ELECTION.


Printed Page 3959 . . . . . Thursday, March 31, 1994

H. 5007 -- Reps. Walker, Davenport and Allison: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1993-94 SCHOOL YEAR, SCHOOL DISTRICT ONE IN SPARTANBURG COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

SENT TO THE SENATE

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

H. 4552 -- Reps. Barber, Wright, McKay, Rudnick, Baxley and Neilson: 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.

H. 4478 -- Reps. Snow, Inabinett, Riser and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-15-65 SO AS TO PROVIDE FOR AN ALLIGATOR HARVEST PROGRAM ON PRIVATE LANDS.

H. 4480 -- Reps. Snow, Inabinett and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-515 SO AS TO PROVIDE REQUIREMENTS PERTAINING TO SHARKS.

H. 4482 -- Reps. Snow, Riser and Law: A BILL TO AMEND SECTION 50-17-1110, AS AMENDED, CODE OF LAWS OF SOUTH


Printed Page 3960 . . . . . Thursday, March 31, 1994

CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE POINT SYSTEM FOR VIOLATIONS OF COASTAL FISHERIES LAWS, SO AS TO INCLUDE STAMPS AS WELL AS LICENSES AND PERMITS; AND TO AMEND SECTION 50-17-1120, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM, SO AS TO REVISE THE CONDITIONS UNDER WHICH PRIVILEGES, LICENSES, PERMITS, AND STAMPS MAY BE SUSPENDED BY THE DEPARTMENT OF NATURAL RESOURCES.


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