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 4020, Apr. 5 | Printed Page 4040, Apr. 6 |

Printed Page 4030 . . . . . Tuesday, April 5, 1994

H. 5004 -- Reps. Rogers, J. Brown, Scott, Byrd, Neal, Waites, Cromer, Shissias, Harrison, Corning and Quinn: A CONCURRENT RESOLUTION TO CONGRATULATE THE EAU CLAIRE SHAMROCKS MEN'S BASKETBALL TEAM, STAFF, AND COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1994 CLASS AAA STATE CHAMPIONSHIP, AND GRANT COACH GEORGE GLYMPH AND THE SHAMROCK'S TEAM CAPTAIN THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 21, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER.

H. 5005 -- Reps. Stuart, Fair, Stone, Neilson, Gamble, Wells, D. Wilder, Allison, Littlejohn, Riser, Stoddard, Wilkins, Chamblee, Cromer, Elliott, Meacham, Moody-Lawrence and Lanford: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA FARM BUREAU FEDERATION ON ITS FIFTIETH ANNIVERSARY, AND COMMENDING THIS OUTSTANDING ORGANIZATION ON A HALF CENTURY OF SERVICE AND LEADERSHIP TO SOUTH CAROLINA AGRICULTURE.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. HODGES adjourned to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 4031 . . . . . Wednesday, April 6, 1994

Wednesday, April 6, 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:

Almighty and ever present God, we are grateful for Your compassionate and caring concern for all Your children. Inspire us with a similar care and compassion. May our words bring healing, our conversations convey understanding, our actions demonstrate Your teachings. Give us listening ears, encouraging words, dispositions that show that we care. Help us to walk and work through each day knowing that You are our never failing Companion, always attentive to our needs. Grant us trust in You to give the guidance and direction we need in all areas of our lives.

We make our prayer in the Name of Him Who says: "Come, follow Me." 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. STODDARD moved that when the House adjourns, it adjourn in memory of James C. Todd, Jr., of Laurens, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 4407 -- Rep. Hutson: A BILL TO AMEND SECTION 44-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO PROVIDE FOR STORAGE REQUIREMENTS FOR BLOOD SAMPLES USED IN THESE TESTS, FUTURE AVAILABILITY OF THESE SAMPLES FOR TESTING, AND CONFIDENTIALITY OF INFORMATION.

Ordered for consideration tomorrow.


Printed Page 4032 . . . . . Wednesday, April 6, 1994

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

S. 1071 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PHARMACY ACT INCLUDING THE DEFINITION OF "PRACTITIONER" AS ONE LICENSED TO PRESCRIBE DRUGS, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, Rep. Keyserling, for the minority, submitted an unfavorable report, on:

H. 4360 -- Reps. Inabinett and Fulmer: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTED TRAWLING AREAS, SO AS TO CHANGE THE REFERENCE POINT BY WHICH DISTANCES ARE MEASURED, TO ESTABLISH RESTRICTED AREAS OFF KIAWAH AND SEABROOK ISLANDS AND OFF EDISTO BEACH, TO PROVIDE FOR DISTANCES TO BE MEASURED FROM THE SHORELINE, AND TO DEFINE SHORELINE; AND TO REPEAL SECTION 50-17-1040 RELATING TO RESTRICTED TRAWLING AREAS NEAR EDISTO BEACH.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4773 -- Reps. Sharpe, Koon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTION 48-20-220, RELATING TO RESTRAINING ORDERS, INJUNCTIONS, AND CIVIL PENALTIES PERTAINING TO VIOLATIONS BY EXPLORERS AND MINERS, SO AS TO AUTHORIZE CEASE AND DESIST ORDERS AND CIVIL PENALTIES


Printed Page 4033 . . . . . Wednesday, April 6, 1994

FOR NOT COMPLYING WITH THE REQUIREMENTS OF A GENERAL PERMIT.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4814 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138 SO AS TO ESTABLISH A NO WAKE ZONE IN CHARLESTON COUNTY.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4839 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-80 SO AS TO PROVIDE FOR FEES FOR PHYTOSANITARY CERTIFICATES TO BE USED BY THE STATE CROP PEST COMMISSION.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4854 -- Reps. Riser, Hines, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-17-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF COMMODITY BOARDS, SO AS TO REVISE THE EX OFFICIO MEMBERS OF THE BOARDS.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

S. 796 -- Senator Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON THE


Printed Page 4034 . . . . . Wednesday, April 6, 1994

LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5024 -- Reps. J. Brown, Anderson, Beatty, Breeland, Byrd, Canty, Cobb-Hunter, Govan, Hines, Inabinett, Kennedy, McMahand, Moody-Lawrence, Neal, Scott, Whipper, White and Williams: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE SAMUEL FOSTER OF YORK COUNTY, OUR DISTINGUISHED FORMER COLLEAGUE IN THE GENERAL ASSEMBLY AND OUR GOOD FRIEND, UPON HIS INDUCTION INTO THE MORRIS COLLEGE ATHLETIC HALL OF FAME.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5025 -- Reps. Rogers and Rudnick: A CONCURRENT RESOLUTION EXTENDING CONGRATULATIONS TO MR. BOB MCCROSKY OF AIKEN COUNTY ON THE OCCASION OF THE EIGHTIETH BIRTHDAY OF THIS OUTSTANDING AND DEDICATED HUMAN RIGHTS ADVOCATE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5026 -- Rep. D. Smith: A CONCURRENT RESOLUTION COMMENDING ROBERT E. JUSTICE OF SPARTANBURG COUNTY FOR HIS OUTSTANDING SERVICE AS THE SCOUT EXECUTIVE OF PALMETTO COUNCIL NO. 549 OF THE BOY SCOUTS OF AMERICA.

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


Printed Page 4035 . . . . . Wednesday, April 6, 1994

INTRODUCTION OF BILLS

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

H. 5027 -- Reps. Breeland, Waldrop, Holt, Hallman, Inabinett, Fulmer, Jaskwhich, J. Bailey, Spearman, Govan, McMahand, Scott, Whipper, White, Kennedy, Law, Anderson, Williams, G. Bailey, Hines, Phillips, Harrell, Byrd, Keyserling, J. Brown and Canty: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO FURTHER PROVIDE FOR CERTAIN OPTIONS WHICH MUST BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM, INCLUDING A REQUIREMENT THAT A SUMMER TESTING OF THE EXIT EXAM FOLLOWING A SUMMER REMEDIATION PROGRAM MUST BE OFFERED TO THESE STUDENTS.

Referred to Committee on Education and Public Works.

H. 5028 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-5910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO ADD A FORENSIC PATHOLOGIST AND TWO MEMBERS AT LARGE; TO AMEND SECTION 20-7-5915, RELATING TO DUTIES OF THE STATE LAW ENFORCEMENT DIVISION, DEPARTMENT OF CHILD FATALITIES, SO AS TO PROVIDE THAT AN AUTOPSY MUST BE PERFORMED BY A PATHOLOGIST WITH FORENSIC TRAINING RATHER THAN BY A FORENSIC PATHOLOGIST; AND TO AMEND SECTION 17-5-275, RELATING TO AN INSPECTION OF A HOME IN WHICH A CHILD FATALITY OCCURRED SO AS TO PROVIDE THAT THE PETITION MAY BE MADE TO AND AN INSPECTION WARRANT ISSUED BY A LOCAL MAGISTRATE RATHER THAN THE CIRCUIT COURT.

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

H. 5029 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSE TO CONSTRUCT OR CLEAN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND


Printed Page 4036 . . . . . Wednesday, April 6, 1994

SELF-CONTAINED TOILETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1691, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 5030 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO THE TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 5031 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-110 SO AS TO PROVIDE THAT NO BENEFITS FROM ANY STATE RETIREMENT SYSTEM OTHER THAN A REFUND OF CONTRIBUTIONS MAY BE PAID TO A STATE OFFICER OR EMPLOYEE CONVICTED AFTER JUNE 30, 1994, OF A FELONY ARISING OUT OF THE PERFORMANCE OF OFFICIAL DUTIES, TO PROVIDE THAT THE DENIAL OF BENEFITS APPLIES TO A SURVIVING SPOUSE OR OTHER BENEFICIARY OF A MEMBER SO CONVICTED, AND TO PROVIDE THOSE OFFICERS AND EMPLOYEES TO WHICH THE DENIAL APPLIES.

Referred to Committee on Ways and Means.

ROLL CALL

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

Alexander, M.O.  Allison          Anderson
Bailey, G.       Bailey, J.       Barber
Baxley           Beatty           Breeland
Brown, H.        Byrd             Cato
Chamblee         Clyborne         Cobb-Hunter
Corning          Cromer           Davenport
Delleney         Fair             Farr
Felder           Gamble           Govan
Graham           Hallman          Harrell
Harrelson        Harris, J.       Harris, P.
Harrison         Harwell          Haskins

Printed Page 4037 . . . . . Wednesday, April 6, 1994

Hines            Holt             Houck
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Lanford
Littlejohn       McAbee           McCraw
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neilson
Rhoad            Richardson       Scott
Sharpe           Sheheen          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Thomas           Tucker
Vaughn           Walker           White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Williams         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 Wednesday, April 6. June S. Shissias Joe E. Brown Lucille S. Whipper James N. Law Teddy N. Trotter Olin R. Phillips Thomas C. Alexander Alfred B. Robinson, Jr. Carole C. Wells John W. "Bill" Riser C. Lenoir Sturkie Irene K. Rudnick Ronald C. Fulmer Dave C. Waldrop, Jr. William D. Boan Joseph H. Neal Harry R. Askins Morgan Martin Ralph W. Canty Timothy F. Rogers Larry L. Koon Dell Baker Thomas E. Huff Marion P. Carnell James G. Mattos Grady A. Brown J. Gary Simrill Richard M. Quinn, Jr. C. Alex Harvin, III Stephen E. Gonzales James H. Hodges E.B. McLeod, Jr.

Total Present--118

Printed Page 4038 . . . . . Wednesday, April 6, 1994

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. ELLIOTT a leave of absence.

The SPEAKER granted Rep. WAITES a leave of absence to attend the NCSL Committee meeting on monitored retrievable storage in Charleston today.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 5.

Lindsey O. Graham

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 5.

G. Ralph Davenport, Jr.

DOCTOR OF THE DAY

Announcement was made that Dr. William Hester of Florence is the Doctor of the Day for the General Assembly.

ORDERED ENROLLED FOR RATIFICATION

The following Bills 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. 1247 -- Senators Waldrep and O'Dell: A BILL TO AMEND ACT 269 OF 1989, AS AMENDED, RELATING TO ANNUAL BUDGETS AND SCHOOL TAXES FOR THE ANDERSON COUNTY SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TAX MILLAGE MUST BE SET BY THE ANDERSON COUNTY BOARD OF EDUCATION BASED ON THE CERTIFIED ASSESSMENT VALUES PROVIDED TO THE BOARD BY THE ANDERSON COUNTY AUDITOR, TO DELETE REFERENCES TO OTHER DATES BY WHICH MILLAGE MUST BE SET, AND PROVIDE THAT THE MILLAGE MUST BE SET IN A TIMELY MANNER AND TO CORRECT AN OBSOLETE REFERENCE.


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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.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 687 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.

H. 4403--SENT TO THE SENATE

The following Bill was taken up.

H. 4403 -- Reps. Holt, Harrelson, Harvin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO PROVIDE REQUIREMENTS FOR RAISED DEER STANDS USED AT DEER HUNTS OFFERED TO THE PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES.

The Bill was read the second time and ordered to third reading by a division vote of 19 to 18.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

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


Printed Page 4040 . . . . . Wednesday, April 6, 1994

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.


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