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 4880, Apr. 26 | Printed Page 4900, Apr. 26 |

Printed Page 4890 . . . . . Tuesday, April 26, 1994

Rep. McABEE explained the amendment.

The amendment was then adopted.

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

ORDERED TO THIRD READING

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

H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED REMEDIAL EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND ACADEMIC ASSISTANCE PROGRAMS (GRADES 4-12), DESIGNATED AS REGULATION DOCUMENT NUMBER 1716, PURSUANT TO THE PROVISIONS OF ARTICLE 1,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 -- 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TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO STATE FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEALED IN ITS ENTIRETY) AND EARLY CHILDHOOD ASSISTANCE PROGRAMS, GRADES K-3 (REPLACES), DESIGNATED AS REGULATION DOCUMENT NUMBER 1717, PURSUANT TO THE PROVISIONS OF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.

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.


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H. 4971 -- Reps. Hallman, Walker, Simrill, Harrell, Beatty, Moody-Lawrence, Robinson, Trotter, Graham, Stuart, D. Wilder, Phillips, Marchbanks, McTeer, Holt, J. Bailey, Fair, Wells, Davenport, J. Wilder, Gamble and Kirsh: A JOINT RESOLUTION TO AUTHORIZE THE STATE DEPARTMENT OF EDUCATION TO TRANSFER UP TO FIVE HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1993-94 APPROPRIATIONS FOR THE EDUCATION FINANCE ACT TO COVER OPERATING EXPENSES OF SCHOOL BUS SHOPS.

S. 671 -- Senator Land: A BILL TO AMEND SECTIONS 12-19-20, AS AMENDED, 12-19-100, 12-19-110, AND 33-1-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE LICENSE FEES, LICENSE FEES ON UTILITIES AND ELECTRIC COOPERATIVES, AND FILING FEES CHARGED FOR DOCUMENTS FILED WITH THE SECRETARY OF STATE, SO AS TO PROVIDE THAT THE CORPORATE LICENSE FEE FOR FOREIGN CORPORATIONS MUST BE PAID WHEN FILING WITH THE SECRETARY OF STATE AND TO DELETE OBSOLETE PROVISIONS RELATING TO THE LICENSE TAX ON UTILITIES AND ELECTRIC COOPERATIVES.

Rep. CARNELL explained the Bill.

S. 987 -- Senator Drummond: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND EMPLOYEES, SO AS TO PROVIDE LIABILITY INSURANCE FOR STATE AGENCIES AND OTHER PUBLIC ENTITIES THROUGH THE DIVISION OF INSURANCE SERVICES RATHER THAN THE DIVISION OF GENERAL SERVICES AND TO AUTHORIZE SUCH COVERAGE FOR PHYSICIANS OR DENTISTS WHO ARE PAID FOR PROFESSIONAL SERVICES FROM FEES PAID TO A PRACTICE PLAN AUTHORIZED BY THEIR EMPLOYERS WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE; AND TO AMEND SECTIONS 15-78-30, 15-78-70, AND 15-78-120, ALL AS AMENDED, RELATING TO DEFINITIONS, APPLICATIONS, AND LIMITATIONS ON LIABILITY FOR PURPOSES OF THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT THE ACT EXTENDS TO A LICENSED


Printed Page 4892 . . . . . Tuesday, April 26, 1994

PHYSICIAN AND DENTIST OTHERWISE COVERED WHO RECEIVES FEES FROM A PRACTICE PLAN AUTHORIZED BY THE LICENSEE'S EMPLOYER WHETHER OR NOT INCORPORATED AND REGISTERED WITH THE SECRETARY OF STATE.

Rep. BOAN explained the Bill.

S. 1314 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 1709, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4624 -- Reps. Tucker, G. Brown, Haskins, Townsend, D. Smith, G. Bailey, Harrison, Harwell, Vaughn, J. Wilder, Carnell, Davenport, Inabinett, Hodges, Law, R. Young, Rogers, Harvin, Moody-Lawrence, A. Young, Stuart, Cato, Gonzales, D. Wilder and Meacham: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY AUTHORITY TO TRANSFER CRIMINAL CASES FROM GENERAL SESSIONS COURT TO A MAGISTRATE'S COURT IF THE PENALTY FOR THE OFFENSE IS A FINE NOT EXCEEDING FIVE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BOTH, SO AS TO MAKE PERMANENT THE AUTHORITY TO TRANSFER THESE CASES.

Rep. MARTIN explained the Bill.

S. 896 -- Senators Hayes, Peeler, Gregory and Short: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

H. 4966--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4966 -- Reps. Barber, Worley, Harrelson, Keyserling, Inabinett, G. Bailey, Richardson, Fulmer, Holt, A. Young, J. Bailey, Witherspoon, Breeland, Waites and Kelley: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA COASTAL FUTURES PLANNING ACT OF 1994; TO ESTABLISH THE SOUTH CAROLINA COASTAL FUTURES


Printed Page 4893 . . . . . Tuesday, April 26, 1994

TASK FORCE AND TO PROVIDE FOR ITS MEMBERSHIP, PURPOSE, POWERS, DUTIES, AND DISSOLUTION.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15970AC.94), which was adopted.

Amend the joint resolution, as and if amended, by deleting Section 2(A)(1)(d) and (e) and inserting:

/(d) Administrative head for Ocean and Coastal Resources Management of the Department of Health and Environmental Control;

(e) Executive Director of the Sea Grant Consortium;/

Amend further by deleting Section 2(A)(2) and inserting:

/(2) One elected official and one representative of indigenous sea island and related populations from each of the following, to be selected by the resident legislators of each respective county:

(a) Beaufort County;

(b) Jasper County;

(c) Colleton County;

(d) Charleston County;

(e) Georgetown County;

(f) Horry County./

Amend further by deleting Section 5 and inserting:

/SECTION 5. Members of the task force must be appointed before June 16, 1994, and the task force shall submit its initial recommendations to the General Assembly before February 1, 1995. Upon submitting its final recommendations before February 1, 1996, the task force is dissolved./

Amend title to conform.

Rep. BARBER explained the amendment.

The amendment was then adopted.

Rep. WITHERSPOON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16005AC.94), which was adopted.

Amend the joint resolution, as and if amended, Section 2(A)(3) by adding appropriately lettered items to read:

/( ) one representative of forestry;

( ) one representative of agriculture;/

Renumber items to conform.

Amend title to conform.


Printed Page 4894 . . . . . Tuesday, April 26, 1994

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.

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

S. 605--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 605 -- Senator Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY EXEMPT FROM AD VALOREM TAXATION, SO AS TO PERMIT A MUNICIPAL GOVERNING BODY TO EXEMPT FROM MUNICIPAL AD VALOREM TAXES FOR NOT MORE THAN FIVE YEARS ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION FACILITIES, AND ADDITIONS TO SUCH FACILITIES LOCATED IN THE MUNICIPALITY, AND TO AUTHORIZE A SIMILAR EXEMPTION FOR ALL NEW ENTERPRISES ENGAGED IN RESEARCH AND DEVELOPMENT ACTIVITIES AND ADDITIONS TO SUCH ENTERPRISES LOCATED IN THE MUNICIPALITY AND TO PROVIDE THAT THESE EXEMPTIONS ARE SUBJECT TO THOSE TERMS AND CONDITIONS THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Item (g) of Section 3 of Article X of the Constitution of this State is amended by adding at the end:

"The governing body of a municipality may by ordinance exempt from municipal ad valorem taxation for not more than five years:

(1) all new corporate headquarters, corporate office facilities, distribution facilities located in the municipality, and additions to such facilities; and

(2) all facilities of new enterprises engaged in research and development activities located in the municipality, and additions to such facilities.

The exemptions allowed pursuant to this paragraph are subject to those terms and conditions that the General Assembly may provide by law."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots


Printed Page 4895 . . . . . Tuesday, April 26, 1994

must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 3 of Article X of the Constitution of this State be amended so as to permit a municipal governing body to exempt from municipal ad valorem taxation for not more than five years all new corporate headquarters, corporate office facilities, or distribution facilities, and additions to such facilities located in the municipality and to permit a similar exemption for all facilities of new enterprises engaged in research and development activities and additions to such facilities located in the municipality and to provide that these exemptions are subject to the terms and conditions the General Assembly may provide by law?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

Rep. KIRSH explained the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 96; Nays 1

Those who voted in the affirmative are:

Alexander, T.C.  Allison          Anderson
Askins           Bailey, G.       Bailey, J.
Barber           Baxley           Boan
Breeland         Brown, G.        Brown, H.
Byrd             Canty            Carnell
Cato             Chamblee         Clyborne
Cobb-Hunter      Corning          Delleney
Elliott          Fair             Farr
Felder           Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harrison         Harvin
Harwell          Haskins          Hines
Holt             Houck            Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Keyserling
Kirsh            Klauber          Koon

Printed Page 4896 . . . . . Tuesday, April 26, 1994

Lanford          Law              Littlejohn
Marchbanks       Martin           Mattos
McAbee           McCraw           McKay
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Rhoad            Richardson       Riser
Robinson         Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stone            Stuart           Townsend
Trotter          Vaughn           Waites
Waldrop          Walker           Wells
Whipper          Wilder, D.       Wilkes
Wilkins          Williams         Witherspoon
Wofford          Worley           Young, A.

Total--96

Those who voted in the negative are:

Davenport

Total--1

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

H. 4721--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 9-1-440, 9-1-1140, AND 9-1-1850, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM FOUR TO SIX PERCENT OF EARNABLE COMPENSATION THE COST OF ESTABLISHING SERVICE WHEN THE MEMBER ORIGINALLY ELECTED NOT TO BE COVERED, TO INCREASE THE COST OF ESTABLISHING TIME FOR PREGNANCY LEAVE FROM EIGHT TO TWELVE PERCENT OF EARNABLE COMPENSATION, AND TO PROVIDE A SCHEDULE OF RATES FOR A MEMBER WITH AT


Printed Page 4897 . . . . . Tuesday, April 26, 1994

LEAST TWENTY-FIVE YEARS SERVICE ESTABLISHING CREDIT FOR UP TO FIVE YEARS ADDITIONAL SERVICE; TO AMEND SECTIONS 9-11-50, AS AMENDED, 9-11-55, 9-11-210, AS AMENDED, AND 9-11-325, RELATING TO ESTABLISHING CREDIT FOR PRIOR SERVICE AND THE ACCOMPANYING CONTRIBUTION RATES FOR PURPOSES OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE THE COST OF ESTABLISHING PREGNANCY LEAVE, FEDERAL CIVILIAN SERVICE, AND OTHER ESTABLISHABLE NEW POLICE SERVICE, FROM TEN TO TWELVE PERCENT OF EARNABLE COMPENSATION, INCREASE THE CONTRIBUTION RATE TO ESTABLISH PRIOR POLICE SERVICE FROM SIXTEEN TO TWENTY-ONE DOLLARS A MONTH FOR CLASS ONE SERVICE AND FROM FIVE TO SIX AND ONE-HALF PERCENT OF MONTHLY COMPENSATION, AND TO INCREASE THE COST OF ESTABLISHING OUT-OF-STATE SERVICE FROM TEN TO TWELVE PERCENT OF SALARY; AND TO REPEAL SECTION 9-11-65, RELATING TO AN OBSOLETE PURCHASE OF ADDITIONAL SERVICE CREDIT BY MEMBERS WITH AT LEAST TWENTY-FIVE YEARS SERVICE.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5618HTC.94), which was adopted.

Amend the bill, as and if amended, by striking SECTION 9 and inserting:

/SECTION 9. Section 8 of this act takes effect upon approval by the Governor. Section 3 of this act applies with respect to payments made pursuant to Section 9-1-1850(A) of the 1976 Code after June 30, 1994. The remaining sections apply with respect to payments made after June 30, 1995, to establish retirement system service credit./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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


Printed Page 4898 . . . . . Tuesday, April 26, 1994

H. 4033--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4033 -- Reps. Wilkins and Clyborne: A BILL TO AMEND SECTIONS 16-3-740 AND 16-15-255, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING OF CERTAIN CONVICTED SEX OFFENDERS, SO AS TO INCLUDE ADJUDICATED JUVENILE SEX OFFENDERS, TO REQUIRE THESE TESTS BE CONDUCTED UPON REQUEST OF THE VICTIM RATHER THAN WHEN A VICTIM IS EXPOSED TO BODY FLUIDS, TO REQUIRE THE SOLICITOR TO PROVIDE TEST RESULTS TO THE PARENTS OF A VICTIM WHO IS A MINOR OR MENTALLY RETARDED OR MENTALLY INCAPACITATED, TO REQUIRE THE SOLICITOR TO PROVIDE THE DEPARTMENT OF CORRECTIONS OR THE DEPARTMENT OF YOUTH SERVICES WITH POSITIVE HIV TEST RESULTS FOR THE SOLE PURPOSE OF PROVIDING TREATMENT AND TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE COUNSELING TO THESE OFFENDERS WHO TEST POSITIVELY FOR HIV.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15987AC.94), which was adopted.

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

/SECTION 1. Section 16-3-740 of the 1976 Code, as added by Act 490 of 1988, is amended to read:

"Section 16-3-740. Within fifteen days of the conviction of any a person or adjudication of a juvenile under state law for a crime involving sexual battery as defined in Section 16-3-651 or sexual conduct as defined in Section 16-3-800, if the conduct results in the exposure of the victim to blood or vaginal or seminal fluids of the convicted offender, at the request of the victim or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated, the solicitor shall require that the convicted offender or adjudicated juvenile offender be tested for Hepatitis B, Syphilis, and Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test tests must be administered by the local public health authority or the medical professional at the prison or juvenile detention center where the convicted offender or adjudicated juvenile offender is imprisoned or


Printed Page 4899 . . . . . Tuesday, April 26, 1994

detained. The results of the test tests must be reported to the South Carolina Department of Health and Environmental Control and to the solicitor who ordered the test tests. The solicitor shall notify the victim, or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated and the convicted sexual offender, or adjudicated juvenile offender and the juvenile offender's parent or guardian of the tests results. The solicitor also shall provide to the Department of Corrections or Department of Juvenile Justice the results of a Hepatitis B or Syphilis test which indicates that the offender or adjudicated juvenile is infected with the disease and the results of a Human Immunodeficiency Virus test which indicates that the convicted offender or adjudicated juvenile offender is infected with the Human Immunodeficiency Virus. The Department of Corrections or Department of Juvenile Justice shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detention center. The convicted offender or adjudicated juvenile offender shall pay for the test tests unless he the offender is indigent, in which case the cost of the test tests must be paid by the State. If the Hepatitis B or Syphilis test indicates exposure to the disease or if the Human Immunodeficiency Virus test indicates exposure to Acquired Immunodeficiency Syndrome (AIDS) or to the Human Immunodeficiency Virus, the Department of Health and Environmental Control shall provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding the disease or syndrome or virus, testing for the victim at the victim's request, and referral for appropriate health care and support services."

SECTION 2. Section 16-15-255 of the 1976 Code, as added by Act 490 of 1988, is amended to read:

"Section 16-15-255. Upon the conviction of any a person or adjudication of a juvenile under state law for a violation of Section 16-15-90, 16-15-100, 16-15-120, or 16-15-140, if the violation results in the exposure of the victim to blood or vaginal or seminal fluids of the convicted offender, the convicted offender or adjudicated juvenile offender, at the request of the victim or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated, must be tested for Hepatitis B, Syphilis, and Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test tests must be administered by the local public health authority or the medical professional at the prison or juvenile detention center if the convicted offender or adjudicated juvenile offender is


Printed Page 4900 . . . . . Tuesday, April 26, 1994

imprisoned or detained. The results of the test tests must be reported to the South Carolina Department of Health and Environmental Control, and to the solicitor who ordered the tests. The solicitor shall notify the convicted offender, or adjudicated juvenile offender and the juvenile's parent or guardian and to any person who may have been exposed as a direct result of the act leading to the conviction or adjudication and the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated. The solicitor also shall provide to the Department of Corrections or Department of Juvenile Justice the results of a Hepatitis B or Syphilis test which indicates that the offender or adjudicated juvenile is infected with the disease and the results of a Human Immunodeficiency Virus test conducted pursuant to this section which indicates that the convicted offender or adjudicated juvenile offender is infected with the Human Immunodeficiency Virus. The Department of Corrections or Department of Juvenile Justice shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detention center. The convicted offender or adjudicated juvenile offender shall pay for the test tests unless he the offender is indigent, in which case the cost of the test tests must be paid by the State. If the Hepatitis B or Syphilis test indicates exposure to the disease or if the Human Immunodeficiency Virus test indicates exposure to Acquired Immunodeficiency Syndrome (AIDS) or to the Human Immunodeficiency Virus, the Department of Health and Environmental Control shall provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding the disease or syndrome or virus, testing for the victim at the victim's request, and referral for appropriate health care and support services."


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