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 4475, Apr. 12 | Printed Page 4490, Apr. 13 |

Printed Page 4480 . . . . . Tuesday, April 12, 1994

Those who voted in the negative are:

Bailey, J.       Corning          Gamble
Shissias

Total--4

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


Printed Page 4481 . . . . . Tuesday, April 12, 1994

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5044 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO CONGRATULATE THE CAMDEN HIGH SCHOOL GIRLS VOLLEYBALL TEAM FOR WINNING THE 1993 STATE CLASS AAA VOLLEYBALL CHAMPIONSHIP, AND TO GRANT SPECIAL LEAVE OF THE HOUSE TO ADMIT THE TEAM, ITS COACH, AND SCHOOL OFFICIALS TO THE FLOOR OF THE HOUSE ON THURSDAY, APRIL 14, 1994, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR THIS OUTSTANDING ACCOMPLISHMENT.

H. 5045 -- Reps. Cromer and Neal: A CONCURRENT RESOLUTION TO CONGRATULATE THE LOWER RICHLAND HIGH SCHOOL GIRLS BASKETBALL TEAM, STAFF, AND COACHES FOR AN UNFORGETTABLE SEASON ON WINNING THE 1994 CLASS AAAA STATE CHAMPIONSHIP, AND TO GRANT COACH DEBBIE STROMAN AND THE LADY DIAMONDS' 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. 5046 -- Rep. Anderson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE REVEREND WALTER E. DAVIS OF GREENVILLE COUNTY FOR TWENTY-FIVE YEARS OF DEDICATED SERVICE AS THE SPIRITUAL LEADER OF ANTIOCH BAPTIST CHURCH AND EXTENDING TO HIM BEST WISHES FOR MANY MORE YEARS OF SERVICE TO HIS CONGREGATION AND THE GREENVILLE COMMUNITY.


Printed Page 4482 . . . . . Tuesday, April 12, 1994

ADJOURNMENT
At 1:55 P.M. the House in accordance with the motion of Rep. STUART adjourned in memory of Dr. William Henry Granger, Sr., of Swansea, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 4483 . . . . . Wednesday, April 13, 1994

Wednesday, April 13, 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:

Eternal God, our Father, give us Your light to lead us and Your love to transform us for so often we walk in ways of doubt, denial, and disillusionment. Take away from us all selfishness, all inflated pride, and all else that would hinder us from entering into an intimate partnership with You. Deliver us from fear that would weaken our faith, from error that would obscure and blind our vision, and from doubts that would dwarf and deplete our energies.

In Your mercy, Lord, hear our prayer. 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. P. HARRIS moved that when the House adjourns, it adjourn in memory of Dr. Charles D. Barnett, which was agreed to.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., April 12, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has tabled H. 4552 and proper notation has been recorded on the Bill. 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


Printed Page 4484 . . . . . Wednesday, April 13, 1994

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. Very respectfully, President

Received as information.

REGULATION RECEIVED

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

Document No. 1766 Promulgated By Real Estate Appraisers Board, Department of Labor, Licensing and Regulation Regulations Relating to Licensing, Certification, Fees, Continuing Education of Real Estate Appraisers Received By Speaker April 12, 1994 Referred to House Committee on Labor, Commerce and Industry 120 Day Review Expiration Date March 19, 1995

INVITATIONS

The following were received and referred to the Committee on Invitations and Memorial Resolutions.

April 1, 1994 The Honorable Dewitt Williams Chairman, House Invitations Committee 518-D Blatt Building Columbia, South Carolina 29201

Dear Rep. Williams:

On Tuesday, May 3, 1994, the South Carolina Telephone Association would like to host a reception for all legislators, their spouses, and staff


Printed Page 4485 . . . . . Wednesday, April 13, 1994

members. The reception will be held at the State Fair Grounds in the Ellison building from 6:00 P.M. until 10:00 P.M.

If you have any questions, please call me at 779-7282.

Sincerely, M.E. Clement Executive Director

February 21, 1994 The Honorable Dewitt Williams Chairman, House Invitations Committee 518-D Blatt Building Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the Plant Managers' Division of the South Carolina Textile Manufacturers Association, we would like to invite the members of the House and staff to a "Pride in America" Reception. The date scheduled for this event is Wednesday, May 4th, and will be held at the Columbia Adam's Mark, formerly The Marriott, from 6:00 - 8:00 P.M.

We look forward to this event providing the opportunity for the state's largest manufacturing employer to visit with members of the House. If you have any questions, please give us a call.

Kindest regards.

Sincerely, John G. Beasley Executive Vice President

February 1, 1994 The Honorable Dewitt Williams Chairman, House Invitations Committee 518-D Blatt Building Columbia, South Carolina 29201

Dear Rep. Williams:

The Independent Banks of South Carolina wish to extend to the members of the South Carolina House of Representatives, their spouses, staff and attaches, an invitation to a reception on Tuesday, May 10, 1994,


Printed Page 4486 . . . . . Wednesday, April 13, 1994

from 6:00 P.M. until 8:00 P.M. The reception will be held at the Summit Club located in the NationsBank Tower.

Sincerely, O. Perry Earle, III IBSC President

January 20, 1994 The Honorable Dewitt Williams Chairman, House Invitations Committee 518-D Blatt Building Columbia, South Carolina 29201

Dear Rep. Williams:

I would like to request that the Governor's Legislative Reception be placed on the Legislative Calendar. This reception is scheduled for Tuesday, May 17, 1994, from 6:00 until 8:00 P.M. on the Mall at the Governor's Mansion for both the House and Senate members.

Thank you for your assistance in this matter.

Sincerely, S. Joye King

February 17, 1994 The Honorable Dewitt Williams Chairman, House Invitations Committee 518-D Blatt Building Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the S.C. Department of Mental Health I cordially extend an invitation to all members of the South Carolina House of Representatives to attend a reception celebrating the opening of an exhibit at the S.C. State Museum May 18, 1994, from 7:00 to 9:00 P.M.

The exhibit, "Changing Minds: Opening Doors, A South Carolina Perspective on Mental Health Care," provides information about South Carolina's history of mental health care spanning almost 300 years. It will be on display from May, 1994, to May, 1995.

We are truly pleased to offer the public this incisive look at how our State has treated people who suffer from mental illness.


Printed Page 4487 . . . . . Wednesday, April 13, 1994

We are particularly grateful to Mrs. Inez Nolan Fripp who worked for our agency for 50 years, and who, upon her death, bequeathed money to the department for the purpose of preserving its rich history. She loved history and she loved the Department of Mental Health. Without her this exhibit would not have been possible.

REPORTS OF STANDING COMMITTEES

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

H. 5036 -- Reps. Gonzales, Cromer, A. Young, Hallman, Harwell, Quinn, R. Young, Holt, Fulmer, Richardson, Harrison, McKay, Wright, G. Bailey, Kelley, Koon, Stille, Witherspoon, Corning, Barber, Thomas, McCraw, Riser, McTeer, R. Smith, Lanford, Fair, Kirsh, G. Brown, Vaughn, Robinson, Haskins, Gamble, Jaskwhich, Wells, Meacham, Baker, Trotter, Moody-Lawrence, Littlejohn, Allison, Farr, Stoddard, Davenport, Stuart, Stone, Spearman, Wofford, Neilson, Clyborne and Harrelson: A CONCURRENT RESOLUTION TO URGE THE CONGRESS OF THE UNITED STATES TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE IMPOSITION OF RETROACTIVE TAXES.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3491 -- Reps. Neilson, Quinn, Govan, Cobb-Hunter, G. Brown, Sturkie, Hutson, Holt, Harwell, Richardson, McLeod, Hines, Breeland, Canty, Shissias, Davenport, Fair, Trotter, Harrell, Chamblee, McMahand, Allison, Vaughn, Wright, Inabinett, Gonzales, Harrison, Corning, Lanford, Walker, Meacham, D. Wilder and Stone: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

Ordered for consideration tomorrow.


Printed Page 4488 . . . . . Wednesday, April 13, 1994

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4857 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED; AND BY AMENDING SECTION 37-11-50, RELATING TO ELIGIBILITY FOR LICENSURE, SO AS TO PROVIDE THAT ONLY THOSE CONTINUING CARE RETIREMENT COMMUNITIES WHICH REQUIRE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE MUST OBTAIN A LICENSE RATHER THAN ALL CONTINUING CARE RETIREMENT COMMUNITIES.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 25 -- Senators Bryan and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-737 SO AS TO REQUIRE AN OFFER OF COVERAGE FOR MENTAL ILLNESS IN GROUP HEALTH INSURANCE POLICIES AND PROVIDE EXEMPTIONS FOR HEALTH INSURANCE PLANS WHICH OFFER THE COVERAGE.

Ordered for consideration tomorrow.


Printed Page 4489 . . . . . Wednesday, April 13, 1994

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 1026 -- Senator McGill: A BILL TO AMEND SECTIONS 52-7-15 AND 52-7-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND MEETINGS OF THE STATE ATHLETIC COMMISSION, SO AS TO ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER AND REPLACE IT WITH AN ADMINISTRATOR APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO AMEND SECTION 52-7-30, AS AMENDED, RELATING TO DUTIES OF THE STATE ATHLETIC COMMISSION, SO AS TO ALLOW A DESIGNEE OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION TO APPOINT OFFICIALS; TO AMEND SECTION 52-7-65, RELATING TO DISCIPLINARY ACTIONS BY THE CHIEF COMMISSIONER, SO AS TO CONFORM THE PROVISION TO THE PROVISIONS OF THIS ACT AND EXTEND THE AUTHORITY TO COMMISSION REPRESENTATIVES IN CHARGE OF AN EVENT; TO AMEND SECTION 52-7-75, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO CHANGE REFERENCES TO CHIEF COMMISSIONER TO ADMINISTRATOR AND ADD A REFERENCE TO A NEW DISCIPLINARY PROVISION; AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS OF A COUNTY ATHLETIC COMMISSION SHALL RECEIVE NO COMPENSATION FROM THE STATE AND MAY RECEIVE OTHER COMPENSATION AUTHORIZED BY THE COUNTY AND AS AUTHORIZED BY THE STATE ATHLETIC COMMISSION IF PAID BY A PROMOTER WHILE THE COUNTY COMMISSIONER HAS BEEN APPOINTED A STATE COMMISSION REPRESENTATIVE FOR AN EVENT.

Ordered for consideration tomorrow.

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

H. 4634 -- Reps. Cromer, Tucker, Baxley, Gonzales, Stoddard, Inabinett, Kennedy, Wells, Allison, Hallman, Townsend, Hodges, H. Brown, Corning, Lanford, Law, Govan, Stone, G. Brown, G. Bailey,


Printed Page 4490 . . . . . Wednesday, April 13, 1994

Meacham, D. Wilder, Witherspoon, McKay, Simrill, McCraw, Walker, Robinson, Riser, Kelley, Vaughn, Shissias, Stuart, R. Smith, Stille, Littlejohn, Chamblee, Houck, Harrison, Farr, Gamble, Fulmer, Haskins, Davenport, Williams, Cato, Neilson, J. Wilder, Marchbanks, Spearman, Harvin, Richardson and Thomas: A BILL TO AMEND SECTION 17-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL AUTHORITIES ALLOWING ABLE-BODIED CONVICTS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO EXEMPT CERTAIN CONVICTS; TO AMEND SECTION 24-3-35, RELATING TO USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO REQUIRE THE USE OF PRISONERS INSTEAD OF THE PERMISSIVE USE OF PRISONERS; TO AMEND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, AND 24-7-50, RELATING TO COUNTY AND MUNICIPAL CHAIN GANGS, SO AS TO MANDATE THE USE OF ABLE-BODIED PRISONERS LOCATED IN COUNTY AND MUNICIPAL CORRECTIONAL FACILITIES ON WORK GANGS ON PUBLIC WORKS.

Ordered for consideration tomorrow.


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