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 5580, May 4 | Printed Page 5600, May 5 |

Printed Page 5590 . . . . . Thursday, May 5, 1994

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 4, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that a message having been received from the House that it has receded from its amendments it was ordered that the title of the Bill be changed to that of an Act and that the Act be enrolled for Ratification.
S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.
Very respectfully,
President

Received as information.


Printed Page 5591 . . . . . Thursday, May 5, 1994

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 4, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 32:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

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

H. 5189 -- Reps. Phillips, McCraw, Farr, Littlejohn, Walker, Wells, Lanford, Allison and D. Smith: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO DEVELOP AND APPROVE QUICKLY THE NATIONAL HIGHWAY SYSTEM NO LATER THAN SEPTEMBER 30, 1994.

Ordered for consideration tomorrow.

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

S. 797 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-5 SO AS TO PROVIDE A REFERENCE TO AND THE PURPOSES OF THE "SOUTH CAROLINA GASOLINE, LUBRICATING OILS, AND OTHER PETROLEUM PRODUCTS ACT", SECTION 39-41-185 SO AS TO PROVIDE LABELING REQUIREMENTS FOR MOTOR FUEL RETAIL DEALERS, AND SECTION 39-41-195 SO AS TO PROVIDE ADMINISTRATIVE PENALTIES; TO AMEND SECTION 39-41-10, RELATING TO THE DEFINITION OF PETROLEUM, SO AS TO INCLUDE OXYGENATED COMPOUND BLENDS; TO AMEND SECTION 39-41-20, RELATING TO PETROLEUM ANALYSTS,


Printed Page 5592 . . . . . Thursday, May 5, 1994

CHEMISTS, AND INSPECTORS, SO AS TO PROVIDE FOR STOP-SALE ORDERS BY THE COMMISSIONER OF AGRICULTURE; TO AMEND SECTION 39-41-50, RELATING TO FILING REQUIREMENTS FOR PETROLEUM MANUFACTURERS, WHOLESALERS, AND JOBBERS, SO AS TO PROVIDE FOR AN ADMINISTRATIVE PENALTY; TO AMEND SECTION 39-41-160, RELATING TO CRIMINAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES; AND TO AMEND SECTION 39-41-190, RELATING TO GENERAL PENALTIES PERTAINING TO PETROLEUM PRODUCTS, SO AS TO INCREASE THE MONETARY PENALTIES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 5192 -- Reps. Cobb-Hunter, Trotter and Byrd: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, MAY 11, 1994, AS "SAFE KIDS DAY" IN SOUTH CAROLINA.

Whereas, each year 8,000 of America's children die from unintentional injuries while an additional 50,000 are permanently disabled; and

Whereas, on average, one child dies of an injury in South Carolina every twenty-one and one-half hours, and South Carolina's childhood injury rate is twenty-two percent higher than the national rate; and

Whereas, these tragic injuries, so called "accidents", are often predictable and preventable; and

Whereas, May 8-14, 1994, has been proclaimed National SAFE KIDS Week, and during that week hundreds of communities nationwide will be focusing on childhood injury prevention activities; and

Whereas, the South Carolina SAFE KIDS Coalition, which is affiliated with the National SAFE KIDS Campaign, has been established to help promote awareness and prevent childhood injury by uniting diverse groups into local coalitions; and

Whereas, the National SAFE KIDS Campaign, supported by Johnson and Johnson, is uniting with state and local SAFE KIDS coalitions and other childhood injury prevention activities to provide vital child safety information. Now, therefore,


Printed Page 5593 . . . . . Thursday, May 5, 1994

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina, by this resolution, declares Wednesday, May 11, 1994, as "SAFE KIDS DAY".

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

INTRODUCTION OF BILL

The following Joint Resolution was introduced, read the first time, and referred to the appropriate committee:

H. 5193 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO PROVIDERS OF CONTINUING EDUCATION COURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1759, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 5194 -- Reps. Meacham and Waites: A CONCURRENT RESOLUTION TO EXTEND A HEARTY WELCOME TO THE COLORADO SILVER BULLETS, THE FIRST ALL WOMEN'S PROFESSIONAL BASEBALL TEAM SINCE THE 1950'S, TO FORT MILL, SOUTH CAROLINA, FOR THE OPENING GAME OF THEIR FIRST SEASON AT KNIGHTS CASTLE STADIUM, TO WELCOME THEM TO THE GREAT SPORT OF BASEBALL, AND TO WISH THEM THE BEST OF LUCK IN THE UPCOMING SEASON.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5195 -- Rep. Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE THE FORT MILL HIGH SCHOOL BAND FOR ITS OUTSTANDING ACCOMPLISHMENTS DURING THE 1993-94 SCHOOL YEAR INCLUDING RECEIPT OF MANY HONORS AND


Printed Page 5594 . . . . . Thursday, May 5, 1994

AWARDS AND FOR BEING INVITED TO PARTICIPATE IN THE 1995 TOURNAMENT OF ROSES PARADE IN PASADENA, CALIFORNIA.

Whereas, the members of the General Assembly were very pleased to learn of the many awards and honors received by the Fort Mill High School Band during the 1993-94 school year; and

Whereas, the awards and honors of the band include:

(A) Royal Regiment Tournament of Bands

(1) Best Drum Major - Class AAAA

(2) Best Soloist - Class AAAA

(3) Best Horn Line - Class AAAA

(4) 1st Place - Class AAAA

(5) Grand Champion

(B) Carolina Cavalcade of Bands

(1) 1st Place Percussion - Class AAA

(2) 1st Place Visual Ensemble - Class AAA

(3) 1st Place Drum Major - Class AAA

(4) Outstanding Marching - Class AAA

(5) Outstanding Music - Class AAA

(6) Outstanding General Effect - Class AAA

(7) 1st Place - Class AAA

(8) Grand Champion

(C) Bands of America Southeast Region Championship

(1) Highest Achievement in Music

(2) 1st Place - Class AA

(3) 4th Place Finalist

(D) SCBDA Upper State AAA Championship

(1) Superior Rating

(2) 1st Place

(E) SCBDA State AAA Championship - 1st Place

(for the thirteenth year)

(F) SCBDA Upper State Concert Festival

(1) Concert Band Superior Rating

(2) Symphonic Band Superior Rating

Whereas, the Fort Mill High School Band also has received an invitation to participate in the 1995 Tournament of Roses Parade in Pasadena, California, in conjunction with the Rose Bowl which, through the medium of national television, will bring tremendous prestige and exposure not only to the band and Fort Mill High School but to the State of South Carolina as well; and


Printed Page 5595 . . . . . Thursday, May 5, 1994

Whereas, the fine achievements of the band during this school year continue its excellent tradition of achievement for which the band is known; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and congratulate each of the young men and women who are members of the band and the band's director and other staff for a truly magnificent year. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly hereby congratulate the Fort Mill High School Band for its many outstanding accomplishments during the 1993-94 school year, including receipt of many honors and awards, and for being invited to participate in the 1995 Tournament of Roses Parade in Pasadena, California.

Be it further resolved that a copy of this resolution be forwarded to the band director and the principal of Fort Mill High School.

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

ROLL CALL

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

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Barber           Baxley
Beatty           Boan             Breeland
Brown, H.        Carnell          Cato
Chamblee         Clyborne         Cobb-Hunter
Delleney         Fair             Farr
Gamble           Govan            Hallman
Harrell          Harrelson        Harris, J.
Harris, P.       Harwell          Hines
Hodges           Holt             Houck
Inabinett        Jennings         Keegan
Kelley           Keyserling       Kinon
Kirsh            Klauber          Koon
Lanford          Littlejohn       Marchbanks
Martin           Mattos           McAbee
McCraw           McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Neilson          Rhoad            Richardson

Printed Page 5596 . . . . . Thursday, May 5, 1994

Riser            Robinson         Rudnick
Sharpe           Sheheen          Smith, R.
Spearman         Stille           Stoddard
Stone            Stuart           Thomas
Trotter          Tucker           Vaughn
Waites           Walker           Wells
Wilder, D.       Williams         Witherspoon
Wofford          Worley           Young, A.
Young, R.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, May 5. Olin R. Phillips Juanita M. White John L. Scott, Jr. Doug Smith Ronald C. Fulmer Grady A. Brown Timothy F. Rogers Dave C. Waldrop, Jr. Heyward G. Hutson Lindsey O. Graham David H. Wilkins Daniel T. Cooper David A. Wright J. Gary Simrill Ronald P. Townsend Timothy C. Wilkes Joseph H. Neal James H. Harrison James N. Law G. Ralph Davenport, Jr. E.B. McLeod, Jr. James L.M. Cromer, Jr. Larry L. Elliott Joe E. Brown John G. Felder Kenneth Kennedy Roland S. Corning C. Lenoir Sturkie Alma W. Byrd Terry E. Haskins Dell Baker Thomas E. Huff Joseph T. McElveen, Jr. Lucille S. Whipper John J. Snow, Jr. June S. Shissias Ralph W. Canty Richard M. Quinn, Jr.

Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. GONZALES a leave of absence to attend a conference on Naval Base Reuse.

The SPEAKER granted Rep. J. WILDER a leave of absence to attend an NCSL meeting in Washington.


Printed Page 5597 . . . . . Thursday, May 5, 1994

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

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, May 4.

Rep. Morgan Martin

MOTION ADOPTED

Rep. STILLE moved that when the House adjourns, it adjourn in memory of Judy McGrath Jordan, which was agreed to.

S. 1348--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Bill until Thursday, May 12, which was adopted.

S. 1348 -- Senator Gregory: A BILL TO ESTABLISH THE REGISTRATION AND ELECTION COMMISSION FOR LANCASTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR LANCASTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTION COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE LANCASTER COUNTY ELECTION COMMISSION AND THE LANCASTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

SENT TO THE SENATE

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

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 5598 . . . . . Thursday, May 5, 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.

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.

H. 4656 -- Reps. T.C. Alexander, Allison, Barber, Baxley, H. Brown, Chamblee, Davenport, Fulmer, Gonzales, Hallman, J. Harris, Harwell, Hutson, Jennings, Keyserling, Kinon, Lanford, McAbee, McKay, Rudnick, Scott, D. Smith, Stoddard, Wells, Whipper, Wright, A. Young, Stuart and Wofford: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.

H. 5092 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (AMENDED), DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 5599 . . . . . Thursday, May 5, 1994

H. 5093 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS (AMENDED), DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5094 -- Rep. Rhoad: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.

H. 5102 -- Reps. Wells and Allison: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE LOCAL CHILD PROTECTIVE AGENCY AND SECTION 20-7-680, AS AMENDED, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT CERTAIN IDENTIFYING AND STATISTICAL INFORMATION ON INDICATED CASES OF ABUSE AND NEGLECT MUST BE RETAINED IN ACCORDANCE WITH A RETENTION SCHEDULE PROMULGATED BY THE DEPARTMENT IN REGULATION RATHER THAN REQUIRING THE DEPARTMENT TO ONLY MAINTAIN THESE RECORDS FOR SEVEN YEARS.

H. 4576 -- Reps. McLeod and Littlejohn: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

H. 4920 -- Reps. Rudnick, Stone and Sharpe: A BILL TO AMEND SECTION 50-11-703, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE OF LIGHTS FROM VEHICLES TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 1, SO AS TO INCLUDE GAME ZONE 3.

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,


Printed Page 5600 . . . . . Thursday, May 5, 1994

Waldrop, Marchbanks and Carnell: A JOINT RESOLUTION TO PROVIDE FOR AN EXPERIMENTAL RABBIT HUNTING SEASON IN GAME ZONES 1, 2, AND 4.


| Printed Page 5580, May 4 | Printed Page 5600, May 5 |

Page Finder Index