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 7140 . . . . . Thursday, May 19, 1994
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 19, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, J. Verne Smith and Leventis of the Committee of Conference on the part of the Senate on H. 4820:

H. 4820

GENERAL APPROPRIATION BILL

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 18, 1994
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:25 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. BEATTY the invitation was accepted.

REPORT OF STANDING COMMITTEE

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

S. 1414 -- Senators Passailaigue, McConnell, Richter, Greg Smith, McGill, Ford, Rose and Washington: A CONCURRENT RESOLUTION TO URGE THE UNITED STATES CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO APPROVE H. R. 4311 WHICH WOULD DELAY THE 1995 MILITARY BASE CLOSURES UNTIL 1997 AND TO URGE THE FEDERAL GOVERNMENT TO DIRECT REMEDIAL EFFORTS TO THE COMMUNITIES NOW STRUGGLING TO RECOVER FROM BASE CLOSURES IN 1988, 1991, AND 1993.

Ordered for consideration tomorrow.

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CONCURRENT RESOLUTION

The following was introduced:

H. 5224 -- Rep. Rhoad: A CONCURRENT RESOLUTION TO COMMEMORATE THE NAMING BY THE SOUTH CAROLINA FORESTRY COMMISSION OF AN AREA DEDICATED TO RECREATION AND SPORTING DOG FIELD TRIAL EVENTS, TO BE LOCATED ON SAND HILLS STATE FOREST IN CHESTERFIELD COUNTY, FOR THE HONORABLE DR. H. COOPER BLACK, JR.

Whereas, the members of the General Assembly wish to honor the late Dr. H. Cooper Black, Jr., of Columbia who died October 24, 1993; and

Whereas, Dr. Black, who was born in Orangeburg County, admirably served his fellowman through his chosen vocation as a surgeon in the midlands of South Carolina; and

Whereas, Dr. Black contributed greatly to the Palmetto State's time-honored tradition of sport hunting and the conservation of natural resources through his love for the great outdoors, his active participation in the Sandlapper Field Trial Club, and his service as Chairman of the South Carolina Sporting Dog Commission; and

Whereas, his lifelong interest in and dedication to all aspects of sport hunting and natural resources conservation has left a legacy of true sportsmanship and respect for our natural resources that will inspire generations of South Carolinians to come; and

Whereas, the General Assembly of South Carolina feels it is fitting and proper that this true sportsman, Dr. H. Cooper Black, Jr., is honored by naming an area dedicated to recreation and sporting dog field trial events for him. Now, therefore,

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

That the members of the General Assembly commemorate the naming by the South Carolina Forestry Commission of an area dedicated to recreation and sporting dog field trial events, to be located on Sand Hills State Forest in Chesterfield County, for the Honorable Dr. H. Cooper Black, Jr.

Be it further resolved that a copy of this resolution be forwarded to Dr. Black's widow, Mrs. Jackie Dubose Black.

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

Printed Page 7142 . . . . . Thursday, May 19, 1994
CONCURRENT RESOLUTION

The following was introduced:

H. 5225 -- Reps. McMahand, M.O. Alexander, Anderson, Baker, Cato, Haskins, Jaskwhich, Mattos, Wilkins and Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE DR. THOMAS ELLIOTT KERNS OF GREENVILLE, SUPERINTENDENT OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY, UPON HIS RETIREMENT AFTER THIRTY-NINE YEARS OF SERVICE IN THE DISTRICT.

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

S. 48--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments:

S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.

Rep. HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20934SD.94), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. Section 44-29-230 of the 1976 Code is amended to read:

"Section 44-29-230. (A) While working with a patient person or a patient's person's blood or body fluids, if a health care worker or emergency response employee is involved in an incident resulting in possible exposure to Human Immunodeficiency Virus (HIV), and a health care professional has probable cause to believe that the incident may have caused infection, the professional may require the patient to be tested. The test results must be given to the professional who shall report the results to the worker and patient bloodborne diseases, and a health care professional based on reasonable medical judgment has cause to believe that the incident may pose a significant risk to the health care worker or

Printed Page 7143 . . . . . Thursday, May 19, 1994
emergency response employee, the health care professional may require the person, the health care worker, or the emergency response employee to be tested without their consent.
(B) The test results must be given to the health care professional who shall report the results and assure the provision of post-test counseling to the health care worker or emergency response employee, and the person who is tested. The test results also shall be reported to the Department of Health and Environmental Control in a manner prescribed by law.

(C) No physician, hospital, or other health care provider may be held liable for conducting the test or the reporting of test results under this section.

(D) For purposes of this section:

(1) `Person' means a patient at a health care facility or physician's office, an inmate at a state or local correctional facility, an individual under arrest, or an individual in the custody of or being treated by a health care worker or an emergency response employee.

(2) `Emergency response employee' means firefighters, law enforcement officers, paramedics, emergency medical technicians, medical residents, medical trainees, trainees of an emergency response employee as defined herein, and other persons, including employees of legally organized and recognized volunteer organizations without regard to whether these employees receive compensation, who in the course of their professional duties respond to emergencies.

(3) `Bloodborne diseases' means Hepatitis B or Human Immunodeficiency Virus infection, including Acquired Immunodeficiency Syndrome.

(4) `Significant risk' means a finding of facts relating to a human exposure to an etiologic agent for a particular disease, based on reasonable medical judgments given the state of medical knowledge, about the:

(a) nature of the risk;

(b) duration of the risk;

(c) severity of the risk;

(d) probabilities the disease will be transmitted and will cause varying degrees of harm.

(5) `Health care professional' means a physician, an epidemiologist, or infection control practitioner.

(6) `Health care worker' means a person licensed as a health care provider under Title 40, a person registered under the laws of this State to provide health care services, an employee of a health care facility as defined in Section 44-7-130(10), or an employee in a physician's office.

Printed Page 7144 . . . . . Thursday, May 19, 1994
(E) The cost of any test conducted under this section must be paid by the:

(1) person being tested;

(2) State in the case of indigents; or

(3) public or private entity employing the health care worker or emergency response employee if the cost is not paid pursuant to subitems (1) and (2) above."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. SHEHEEN and D. SMITH proposed the following Amendment No. 4, which was adopted.

Add a new Section:

The patient is entitled to one copy of his or her medical records without charge.

Rep. D. SMITH explained the amendment.

Rep. TUCKER moved to table the amendment.

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:

Yeas 11; Nays 70

Those who voted in the affirmative are:

Alexander, T.C.  Askins           Carnell
Harris, J.       Harris, P.       Houck
Keyserling       McAbee           Tucker
Waldrop          Wilkins

Total--11

Those who voted in the negative are: 

Alexander, M.O.  Allison          Bailey, J.
Baker            Barber           Baxley
Beatty           Brown, G.        Brown, H.
Cato             Chamblee         Corning
Cromer           Davenport        Delleney
Fair             Farr             Fulmer
Printed Page 7145 . . . . . Thursday, May 19, 1994
Gamble           Gonzales         Graham
Hallman          Harrison         Harwell
Haskins          Hodges           Holt
Huff             Hutson           Jaskwhich
Jennings         Keegan           Kelley
Kinon            Kirsh            Klauber
Lanford          Law              Littlejohn
Marchbanks       Martin           Mattos
McCraw           McElveen         Meacham
Moody-Lawrence   Neilson          Phillips
Rhoad            Richardson       Riser
Robinson         Rudnick          Sheheen
Simrill          Smith, R.        Stoddard
Stuart           Sturkie          Thomas
Trotter          Vaughn           Waites
Walker           Wells            Wilder, J.
Williams         Witherspoon      Wofford
Wright

Total--70

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. TUCKER moved to adjourn debate upon the Bill.

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

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

S. 1262--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted.

S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE

Printed Page 7146 . . . . . Thursday, May 19, 1994
DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.

ORDERED TO THIRD READING

The following Bill was taken up, read the second time, and ordered to a third reading:

S. 1336 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-13-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND DEFINITIONS UNDER THE "HOME DETENTION ACT", SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "COURT" AND "PARTICIPANT"; TO AMEND SECTION 24-13-1530, RELATING TO PRISONERS AND CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL GOVERNMENTS MAY ESTABLISH BY ORDINANCE A CERTAIN ALTERNATIVE TO INCARCERATION FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, RELATING TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE "HOME DETENTION ACT", SO AS TO PROVIDE THAT THE PARTICIPANT'S USE OF SUCH A DEVICE IS CONDITIONED UPON BEING INSTRUCTED TO USE THE DEVICE; AND TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT THE "HOME DETENTION ACT" IS NOT APPLICABLE TO CONTROLLED SUBSTANCES OFFENDERS AND TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY OF THE PROVISIONS OF THE "HOME DETENTION ACT", SO AS TO DEFINE FURTHER AND LIMIT THE TYPE OF CONTROLLED SUBSTANCES

Printed Page 7147 . . . . . Thursday, May 19, 1994
OFFENDER TO WHOM THE "HOME DETENTION ACT" DOES NOT APPLY.

Rep. LANFORD explained the Bill.

S. 1336--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. LANFORD, with unanimous consent, it was ordered that S. 1336 be read the third time tomorrow.

H. 5179--DEBATE ADJOURNED

Rep. COOPER moved to adjourn debate upon the following Bill until Tuesday, May 24, which was adopted.

H. 5179 -- Rep. Cooper: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, IS FURTHER AMENDED SO AS TO ADD A NEW AREA TO THE DISTRICT.

S. 1345--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1345 -- Senator Saleeby: A BILL TO AMEND SECTION 4-9-39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF ASSETS OF FORMER LIBRARIES, SO AS TO DELETE THE PROVISION REQUIRING SUCH TRANSFERRED ASSETS AND PROPERTY TO BE USED EXCLUSIVELY FOR LIBRARY PURPOSES.

Reps. NEILSON, BAXLEY and HINES proposed the following Amendment No. 1, which was adopted.

Add in SECTION 1, at line 25, the following, after "thereto;"

provided, however any decision to sell or otherwise transfer the property for use other than for library purposes must be made by two-thirds majority of the county governing body.

Rep. BAXLEY explained the amendment.

The amendment was then adopted.

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

Printed Page 7148 . . . . . Thursday, May 19, 1994
S. 1345--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAXLEY, with unanimous consent, it was ordered that S. 1345 be read the third time tomorrow.

Further proceedings were interrupted by the Ratification of Acts.

RATIFICATION OF ACTS

At 11:25 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R462) S. 443 -- Senators Richter, Rose, Giese and Reese: AN ACT TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE CONCERNING DISABLED PERSONS MAY NOT BE DISCLOSED FOR PERSON-TO-PERSON COMMERCIAL SOLICITATION OF DISABLED PERSONS.

(R463) 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 AND THE LOCATION OF LAKE MURRAY AND THE TOWN OF LEXINGTON IN LEXINGTON COUNTY.

(R464) S. 907 -- Senators Passailaigue, McConnell and Giese: AN ACT TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF POWERS UNDER THE ALTERNATE FORMS OF GOVERNMENT, SO AS TO PROHIBIT THE LEVY OF COUNTY LICENSES FEES AND TAXES ON INSURANCE COMPANIES.

(R465) S. 920 -- Senators Leventis, J. Verne Smith, Thomas, Courson, Passailaigue, Giese, Lander, Reese, Rose and Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-215 SO AS TO REQUIRE THE LAND VALUE OF OWNER-OCCUPIED RESIDENTIAL REAL PROPERTY TO BE VALUED ON THE BASIS THAT ITS HIGHEST AND BEST

Printed Page 7149 . . . . . Thursday, May 19, 1994
USE IS FOR RESIDENTIAL PURPOSES; TO AMEND THE 1976 CODE BY ADDING SECTION 12- 43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE FOR TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE MINIMUM DOES NOT APPLY IF A ONE THOUSAND DOLLAR A YEAR GROSS FARM INCOME TEST IS MET IN AT LEAST THREE OF THE PRECEDING FIVE YEARS AND TO MAKE A PERSON FIRST APPLYING FOR AGRICULTURAL USE ON A LESS THAN TEN ACRE TRACT ELIGIBLE FOR AGRICULTURAL USE, SUBJECT TO THE ROLLBACK TAX IF THE OWNER FAILS TO MEET THE SAME INCOME TEST IN THE FIRST FIVE YEARS OF OPERATION, TO ALLOW THE ASSESSOR TO OBTAIN TAX AND OTHER INFORMATION TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT UNIMPROVED REAL PROPERTY SUBJECT TO A CONSERVATION EASEMENT MUST BE CLASSIFIED AS AGRICULTURAL REAL PROPERTY, TO PROVIDE THAT A NONTIMBERLAND TRACT NOT MEETING THE ACREAGE REQUIREMENT MUST REMAIN CLASSIFIED AS AGRICULTURAL REAL PROPERTY IF THE PROPERTY WAS CLASSIFIED AS AGRICULTURAL USE PROPERTY IN 1994 AND THE CURRENT OWNER OR AN IMMEDIATE FAMILY MEMBER HAS OWNED THE TRACT FOR AT LEAST TEN YEARS AS OF JANUARY 1, 1994, TO DEFINE "IMMEDIATE FAMILY", TO PROVIDE THAT EITHER A LESSOR OR LESSEE MAY MEET THE REQUIREMENT OF THIS SECTION, TO REQUIRE APPLICANTS FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURAL PROPERTY TO CERTIFY THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO PROVIDE FOR TAXATION, INCLUDING PENALTIES, OF PROPERTY IN LIEU OF THE ROLLBACK TAX WHICH WAS NOT ELIGIBLE FOR AGRICULTURAL USE WHEN THE APPLICATION WAS MADE, AND TO PROVIDE FOR USE OF THE ADDITIONAL REVENUES; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL KNOWINGLY AND WILFULLY TO MAKE A FALSE STATEMENT ON THE AGRICULTURAL USE APPLICATION AND PROVIDE A PENALTY; TO AMEND SECTION 12-43-220(d)(3), AS AMENDED, RELATING TO THE VALUATION
Printed Page 7150 . . . . . Thursday, May 19, 1994
AND CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO EXTEND THE TIME FOR MAKING THE AGRICULTURAL USE VALUE APPLICATION UNTIL THE FIRST TAX PENALTY DATE, TO PROVIDE THAT NO ROLLBACK TAX IS DUE ON PROPERTY INITIALLY CLASSIFIED AS AGRICULTURAL REAL PROPERTY WHEN CHANGED BY THIS ACT, TO REQUIRE ALL OWNERS TO REAPPLY FOR AGRICULTURAL USE VALUE TO MAINTAIN THAT USE AFTER 1994, AND TO MAKE THE PROVISION OF THIS ACT EFFECTIVE FOR PROPERTY TAX YEARS BEGINNING AFTER 1994.

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