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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SENT TO THE SENATE

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

H. 4992 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SCHOOL IMPROVEMENT COUNCILS AND THE ANNUAL SCHOOL AND DISTRICT IMPROVEMENT REPORTS (REPEALED IN ITS ENTIRETY); DISTRICT AND SCHOOL COMPREHENSIVE PLANNING (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1712, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4993 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO PARENTING/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO CHILD DEVELOPMENT PROGRAMS (REPEALED IN ITS ENTIRETY), DESIGNATED AS REGULATION DOCUMENT NUMBER 1714, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO HALF-DAY CHILD DEVELOPMENT PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1715, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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H. 4998 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULES FOR SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1736, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4999 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF ARCHIVES AND HISTORY, RELATING TO GENERAL RETENTION SCHEDULE FOR STATE COLLEGES AND UNIVERSITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1737, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5001 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FAILURE TO APPEAR AT HEARING BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1743, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5002 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS & LAND SURVEYORS, RELATING TO REGISTRATION OF TAC/ABET FOUR-YEAR ENGINEERING TECHNOLOGY GRADUATES THUS ESTABLISHING A TWO-TIER CATEGORY REGISTRATION DESIGNATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1699, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4780 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING HOME OF THIS STATE MAY CONTRACT WITH A PERSON NOT ASSOCIATED WITH THE NURSING HOME TO PERFORM CERTAIN SERVICES AND TO PROVIDE EXCEPTIONS.

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H. 3154 -- Reps. J. Brown, G. Brown, Rogers, Byrd, Inabinett, Kennedy, Wofford, McLeod, Hines, Stone, Meacham, Lanford, Simrill and Wilkins: A BILL TO AMEND SECTION 16-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY OF OPERATORS OF MOTOR VEHICLES FOR HIRE, SO AS TO INCREASE THE PENALTY FOR A VIOLATION, TO PROHIBIT PAROLE UNTIL A MINIMUM TERM HAS BEEN SERVED, AND TO PROHIBIT SUSPENSION OF THE SENTENCE.

H. 5018 -- Rep. J. Wilder: A BILL TO AMEND SECTION 59-32-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE HEALTH EDUCATION ACT DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "FAMILY LIFE EDUCATION" TO INCLUDE PARENTING SKILLS, AND TO AMEND SECTION 59-32-30, RELATING TO IMPLEMENTATION, GUIDELINES, AND RESTRICTIONS ON THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO REQUIRE FAMILY LIFE EDUCATION FOR CERTAIN GRADE LEVELS.

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.

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 FOR NOT COMPLYING WITH THE REQUIREMENTS OF A GENERAL PERMIT.

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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. 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.

H. 4838--TABLED

The following Bill was taken up.

H. 4838 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DISTRICT, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.

Rep. WRIGHT moved to table the Bill, which was agreed to.

H. 4858--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Thursday, April 28, 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

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CONTROL, RELATING TO SOLID WASTE MANAGEMENT: 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.

H. 4859--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Thursday, April 28, 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.

S. 699--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, May 5, which was adopted.

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.

H. 4664--OBJECTIONS

The following Bill was taken up.

H. 4664 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

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MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE NUMBER FROM NINE TO ELEVEN; TO AMEND SECTION 40-15-80, AS AMENDED, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CRITERIA FOR STUDENTS WHO MAY RECEIVE CERTAIN SERVICES FROM HYGIENISTS; TO AMEND SECTION 40-15-130, RELATING TO ADVERTISING, SO AS TO SPECIFY WHAT RESTRICTIONS THE BOARD MAY PLACE ON ADVERTISING; TO AMEND SECTION 40-15-140, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION, SO AS TO REQUIRE AN APPLICANT TO PROVIDE NO MORE THAN THREE REFERENCES; AND TO REQUIRE AN APPLICANT FOR REGISTRATION AS A DENTAL TECHNICIAN TO PASS A NATIONAL EXAMINATION; TO AMEND SECTION 40-15-180, RELATING TO COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MUST BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-15-190, RELATING TO DISCIPLINARY GROUNDS, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO REQUIRE ELECTIONS TO NOMINATE NEW BOARD MEMBERS BEFORE JANUARY 1, 1995; AND TO REAUTHORIZE THE STATE BOARD OF DENTISTRY FOR SIX YEARS.

Rep. SCOTT moved to adjourn debate upon the Bill until Tuesday, April 26.

Rep. CHAMBLEE moved to table the motion, which was agreed to by a division vote of 25 to 13.

Reps. SCOTT, WHITE, WHIPPER, INABINETT and BREELAND objected to the Bill.

H. 4996--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Joint Resolution until Tuesday, April 26, which was adopted.

H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED

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REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4997--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Joint Resolution until Tuesday, April 26, which was adopted.

H. 4997 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS, GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 32--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 32 -- Senators Wilson, Ryberg, Russell, Rose and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-40 SO AS TO CREATE A CIVIL CAUSE OF ACTION AGAINST SHOPLIFTERS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 20, by the Committee on Judiciary.

The amendment was then adopted.

Reps. HODGES and HUFF proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5909HTC.94), which was adopted.

Amend the report of the Judiciary Committee, also known as Amendment No. 1, as and if amended, page 32-1, by striking lines 33 and 34 and inserting:

/(D) Custodial parents or legal guardians of an unemancipated minor who knew or should have known of the minor's propensity to steal are civilly liable for the/

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Amend further, page 4, on lines 4 and 11, by inserting /custodial/ before /parent/.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 4814--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, April 27, which was adopted.

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.

S. 796--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

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

The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9077BDW.94), which was adopted.

Amend the bill, as and if amended, by striking Section 39-39-170, page 3, beginning on line 27, and inserting:

/Section 39-39-170. The following shall be are exempt from the provisions of this article chapter:

(1) Those persons who buy or sell eggs to be used exclusively for hatching purposes.;

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(2) Any shipment shipments of eggs in interstate commerce; however, when such shipment loses its character as such, the provisions of this article shall instantly apply

(3) persons who sell eggs at a roadside stand near the farm on which the eggs were produced./

Amend title to conform.

Rep. RISER explained the amendment.

The amendment was then adopted.

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

S. 796--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RISER, with unanimous consent, it was ordered that S. 796 be read the third time tomorrow.

H. 5030--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Tuesday, April 26, which was adopted.

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.

H. 4810--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4810 -- Reps. Richardson, J. Bailey, Quinn, Law, Kirsh, Wilkins, Harrell, Hodges, Hutson, Robinson, Mattos, Gamble, Shissias, Keyserling, Clyborne, Klauber, Thomas and Cromer: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL

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ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980.

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March 29, by Rep. BAXLEY.

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

Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1148DW.94), which was tabled.

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

/SECTION 1. Section 58-3-20 of the 1976 Code, as last amended by Section 1549 of Act 181 of 1993, is further amended to read:

"Section 58-3-20. The Public Service Commission shall be composed of seven members to be elected by the General Assembly in the manner prescribed by this chapter for terms of four years and until their successors are elected and qualify.

The General Assembly shall provide for the election of the seven member commission and elect members thereto based upon the congressional districts established by the General Assembly pursuant to the official United States Census of 1980. If the number of congressional districts is less than seven, additional members shall be elected at large to provide for a seven member commission.

Each of the six congressional districts is established to be a public service commission district, and one commissioner must be elected in the general election from each district beginning in 1994. One member must be elected from the State at large who shall serve as chairman. All members must be elected for terms of four years and until their successors are elected and qualify. However, the members first elected from districts one, three, and five must be elected for initial terms of two years. Members must be qualified electors of the district from which they are elected and must be elected by the qualified electors of that district. Members shall take office on the first day of January following their election."

SECTION 2. Section 58-3-30 of the 1976 Code is amended to read:

"Section 58-3-30. The commissioners shall take the oath of office provided by the Constitution and the oaths prescribed by law for state officers. The Governor may shall fill vacancies in the office of commissioner until the successor in such office for a full term or an

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unexpired term, as the case may be, shall have been elected by the General Assembly by appointment for the unexpired term."

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