Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 1080, Feb. 28 | Printed Page 1100, Mar. 1 |
Printed Page 1090 . . . . . Wednesday, March 1, 1995
Wednesday, March 1, 1995

(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:

O God our Father, You know that Your servants within these historic walls are faced with such important and far reaching decisions that there is no language we might borrow to express our need of Your guidance and wisdom. Save us from all pretense that crucifies principle, and from grasping at glittering baubles of personal gain. Forbid that we should ever be found toying with the tiny when we should be inspired by the great. May we open wide the windows of our minds to be illuminated by the pure and penetrating light of Your truths.

We pray in the Name of Him Whose Word is truth. 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. SHISSIAS moved that when the House adjourns, it adjourn in memory of Hattie Mood Harrison of Columbia, which was agreed to.

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INVITATION

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

February 28, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

I am requesting that an invitation be placed on the Calendar. The date is March 29, 1995, and the event is a reception at the State Museum celebrating 100 Years of Women in Legislature. The Reception is from 6:30 - 8:00 P.M. and the entire General Assembly and their staff are invited. We have also invited the Constitutional Officers and various women's groups. All former Women Legislators have been invited and they will be honored during the day at various functions as well as being in attendance that night at the reception.

If any further information is requested, please let me know. Thank you for your attention in this matter.

Sincerely,
Rita Allison

REPORT OF STANDING COMMITTEE

Rep. LANFORD, from the Spartanburg Delegation, submitted a favorable report, with amendments, on:

S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3697 -- Reps. Scott, Neal, Cotty, Byrd, Shissias, Cromer, Rogers, Harrison, Howard and J. Brown: A CONCURRENT RESOLUTION TO

Printed Page 1092 . . . . . Wednesday, March 1, 1995
CONGRATULATE THE PROGRESSIVE CHURCH OF OUR LORD JESUS CHRIST LOCATED IN LUGOFF ON ITS FORTIETH ANNIVERSARY AND HONOR THE MEMORY OF ITS ORGANIZER, SISTER MABLE SCOTT-ETHERIDGE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3698 -- Reps. D. Smith, Lanford, Wells, Littlejohn, Allison, Beatty, Davenport and Wilder: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND MR. JERRY RICHARDSON, CHAIRMAN OF FLAGSTAR COMPANIES, INC., FOR HIS EXTRAORDINARY CONTRIBUTIONS AND LOYALTY TO THE CITY OF SPARTANBURG AND THE STATE OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3699 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF C. F. "FROG" REAMES OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:

H. 3700 -- Reps. Harrison and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE ERNEST A. FINNEY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT

Printed Page 1093 . . . . . Wednesday, March 1, 1995
SESSION ON THE STATE OF THE JUDICIARY AT 12:30 P.M. ON TUESDAY, MARCH 14, 1995.

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

That the Chief Justice of the South Carolina Supreme Court, the Honorable Ernest A. Finney, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:30 p.m. on Tuesday, March 14, 1995.

Be it further resolved that pursuant to H.3612, Chief Justice Finney was scheduled to address the General Assembly in Joint Session on the State of the Judiciary at 12:00 noon on Wednesday, March 1, 1995, but that due to unforeseen circumstances, it is not now possible to have the address at this time and the General Assembly has therefore determined to adopt the provisions of this resolution to reschedule the date of this address.

Be it further resolved that a copy of this resolution be forwarded to Chief Justice Finney.

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

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3701 -- Rep. Simrill: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION OUTSIDE THE TOWN'S OR CITY'S CORPORATE LIMITS WHEN IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE OFFICER'S JURISDICTION FROM A THREE-MILE RADIUS OF THE TOWN'S OR CITY'S CORPORATE LIMITS TO COUNTYWIDE JURISDICTION.

Referred to Committee on Judiciary.

H. 3702 -- Reps. Wells and Allison: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

Referred to Spartanburg Delegation.

H. 3703 -- Reps. Hallman, Baxley, Quinn, Cobb-Hunter, Kirsh, Jennings, A. Young, Stuart, R. Smith, Lloyd, Herdklotz, Harrison,

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Littlejohn, Meacham, Sharpe, Simrill, G. Brown, Robinson, Fulmer, Stoddard, Seithel, Fair, Wright, H. Brown, Limehouse, Vaughn, Jaskwhich, Inabinett, Haskins, Wells, Beatty, Tripp, Easterday, Wofford, Walker, Law, Marchbanks, Waldrop, Riser, Stille, D. Smith, Sandifer, Cotty, Cain, Whatley, Gamble, Hutson, Koon, Lanford, Tucker, Davenport, Harwell, Limbaugh, Felder, Cooper, Mason, Chamblee, J. Harris, Wilkes, Boan, Carnell, Fleming, Spearman, Hodges, J. Young, Dantzler, Martin, Klauber, Bailey, Richardson and Witherspoon: A BILL TO AMEND SECTION 24-3-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL PUNISHMENT BY ELECTROCUTION, SO AS TO REQUIRE CAPITAL PUNISHMENT BY ELECTROCUTION OR LETHAL INJECTION.

Referred to Committee on Judiciary.

H. 3704 -- Reps. Knotts, Whatley, Limehouse, Askins, Delleney, H. Brown, G. Brown, Fleming, Easterday, Cotty, Haskins, Hallman, Cromer, Cobb-Hunter, Herdklotz, Rogers, Neilson, Inabinett, Allison, Wright, Thomas, Moody-Lawrence, Howard, Tripp, Harrison, Stille, Martin, Huff, Stoddard, Koon, Wilkins, Keyserling, Riser, Wells, Gamble, McCraw, Kirsh, Dantzler, Sandifer, Wilkes, Seithel, Shissias, Jennings, Boan, Sheheen, D. Smith, Littlejohn, McTeer, Harvin, Vaughn, Cato, Spearman, Kinon, Hutson, Mason, Baxley, Quinn, Lloyd, Davenport, J. Harris, T. Brown, Lanford, Harwell, Harrell, Cain, Wilder, Byrd and Beatty: A BILL TO AMEND SECTIONS 47-3-610, 47-3-620, AND 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING THE TEASING, MALTREATING, AND INJURING OF POLICE DOGS AND PENALTIES ASSOCIATED WITH THESE ACTIVITIES, SO AS TO EXTEND THESE PROHIBITIONS TO POLICE HORSES AND TO INCREASE THE PENALTIES.

Rep. WRIGHT asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. CROMER objected.

Referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3705 -- Reps. Fair, Hutson, Riser and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING

Printed Page 1095 . . . . . Wednesday, March 1, 1995
SECTION 44-29-240 SO AS TO REQUIRE A PERSON, UPON WHOM AN INVASIVE, EXPOSURE-PRONE PROCEDURE IS PERFORMED, TO KNOW HIS HUMAN IMMUNODEFICIENCY VIRUS STATUS AND REQUIRE DISCLOSURE TO THE HEALTH CARE PROFESSIONALS WHO ARE RENDERING CARE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3706 -- Reps. Cain, Sandifer, Stoddard, Easterday, Jaskwhich, Hallman, Fair, Herdklotz, Tripp, Lloyd, Neal, D. Smith, Hutson, Mason, Limehouse, Elliott, Fulmer, Lanford, A. Young, Byrd, Cooper, Cato and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-335 SO AS TO PROVIDE THAT IF ANY PRODUCT OR SERVICE IS ADVERTISED AS BEING AVAILABLE FOR A PARTICULAR PRICE AND HAS STIPULATIONS ATTACHED AS A CONDITION OF THAT PRICE, THE ADVERTISEMENT MUST STATE THAT THE PRICE IS SUBJECT TO CONDITIONS OR STIPULATIONS, AND TO PROVIDE THAT FAILURE TO MAKE THIS DISCLOSURE IS CONSIDERED AN UNFAIR TRADE PRACTICE.

Referred to Committee on Labor, Commerce and Industry.

H. 3707 -- Reps. Fair, Herdklotz, Littlejohn, Clyburn, Lloyd, Mason, Waldrop, J. Young, Chamblee, Kelley, Jaskwhich, Vaughn, Koon, Richardson, Cato, Davenport, Delleney and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA PROTECTION OF FAMILY PRIVACY IN EDUCATION ACT" WHICH INCLUDES PROVISIONS THAT ALLOW PARENTS OR GUARDIANS TO INSPECT SCHOOL INSTRUCTIONAL MATERIALS AND EXEMPT THEIR CHILDREN FROM USING OBJECTIONABLE MATERIALS, THAT PROHIBIT STUDENTS FROM BEING REQUIRED TO SUBMIT TO CERTAIN PSYCHOLOGICAL OR BEHAVIORAL EXAMINATIONS OR TREATMENT WITHOUT THEIR CONSENT, THAT PROHIBIT THE USE OF SPECIFIED SURVEYS OR QUESTIONNAIRES, AND THAT PREVENT DISCLOSURE OR DISSEMINATION OF CERTAIN STUDENT RECORDS AND INFORMATION.

Referred to Committee on Education and Public Works.

Printed Page 1096 . . . . . Wednesday, March 1, 1995
H. 3708 -- Reps. Clyburn, Cobb-Hunter, Rogers, J. Brown, Hines, Felder, Baxley, Govan, Byrd, Jennings, Beatty, Huff, Martin and Delleney: A BILL TO AMEND SECTION 42-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODS IN WHICH MEDICAL SUPPLIES AND TREATMENT MUST BE FURNISHED UNDER WORKERS' COMPENSATION LAWS, SO AS TO FURTHER PROVIDE FOR THE PERIODS WHEN THIS TREATMENT MUST BE FURNISHED AND THE CONDITIONS OF AND PROCEDURES FOR FURNISHING TREATMENT, TO DELETE THE BAN TO COMPENSATION WHEN AN EMPLOYEE REFUSES TREATMENT, AND TO DEFINE CERTAIN TREATMENT TERMS TO INCLUDE CHIROPRACTIC CARE; AND TO AMEND SECTION 42-15-70, RELATING TO AN EMPLOYER'S LIABILITY FOR TREATMENT AND THE EFFECT OF MALPRACTICE, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH AN EMPLOYER IS LIABLE FOR CHARGES AND TO REQUIRE APPROVAL OF TREATMENT OF A HEALTH CARE PROVIDER SELECTED BY AN EMPLOYEE BEFORE AN EMPLOYER IS LIABLE FOR THE CHARGES.

Referred to Committee on Labor, Commerce and Industry.

H. 3709 -- Reps. Clyburn, Cobb-Hunter, Govan, Rogers, Hines, Beatty, Baxley, Huff, Byrd, Jennings, Delleney, Martin, Felder and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-15-67 SO AS TO PROVIDE THAT AN EMPLOYEE WHO FOR REASONS OF INJURY OR MEDICALLY DETERMINED RESTRICTIONS IS UNABLE TO RETURN TO THE JOB OR JOBS HELD AT THE TIME OF THE INJURY IS ENTITLED TO VOCATIONAL REHABILITATION SERVICES AS MAY BE REASONABLY NECESSARY TO RESTORE HIM TO SUITABLE EMPLOYMENT, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3710 -- Reps. Keyserling, Richardson, Seithel, L. Whipper, Whatley and Jaskwhich: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED MANUFACTURING MACHINERY TO

Printed Page 1097 . . . . . Wednesday, March 1, 1995
MACHINERY USED FOR RECYCLING AND TO DEFINE "RECYCLING".

Referred to Committee on Ways and Means.

H. 3711 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-105 SO AS TO AUTHORIZE, UPON CERTIFICATION AND SUPERVISION, DENTAL HYGIENISTS AND EXPANDED DUTY DENTAL ASSISTANTS TO MONITOR NITROUS OXIDE ANESTHESIA.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3712 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO PROVIDE THAT UPON CERTIFICATION AND UNDER THE SUPERVISION OF A DENTIST A DENTAL HYGIENIST MAY ADMINISTER INFILTRATION ANESTHESIA.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3713 -- Reps. Fleming, Hines, Neilson, Rice, Inabinett, Bailey, Neal, Richardson, Haskins, R. Smith, Felder, Meacham, Wofford, Rhoad, McElveen, Vaughn, Lloyd, Keyserling, Boan, A. Young, Chamblee and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3255 SO AS TO REQUIRE A DRIVER OF A MOTOR VEHICLE TRAVELING THROUGH A PARKING LOT TO YIELD THE RIGHT-OF-WAY TO PEDESTRIANS AND TO PROVIDE PENALTIES.

Rep. FLEMING asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. RICE objected.

Referred to the Committee on Judiciary.

H. 3714 -- Reps. Rhoad, Bailey, Hutson, Limehouse, Riser and Witherspoon: A BILL TO AMEND SECTION 50-13-1187, AS

Printed Page 1098 . . . . . Wednesday, March 1, 1995
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH ON THE EDISTO RIVER ON CERTAIN SET HOOKS.

On motion of Rep. RHOAD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3716 -- Reps. Fulmer, Inabinett, Bailey, Hallman, Cain, Littlejohn, Richardson, Seithel, Fleming, A. Young, Herdklotz, Harwell, Neal, Limehouse, Keyserling, Cato, Whatley and Chamblee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-25-55 SO AS TO PROVIDE THAT A TEMPORARY HELP SERVICE DOES NOT VIOLATE PROVISIONS OF LAW REGULATING PRIVATE PERSONNEL PLACEMENT SERVICES BY INDICATING TO AN INDIVIDUAL ENGAGED TO PERFORM A TEMPORARY SERVICE THAT THE JOB OR POSITION TO WHICH THE INDIVIDUAL WILL BE ASSIGNED HAS THE POSSIBILITY OF BECOMING A PERMANENT JOB OR POSITION.

Referred to Committee on Labor, Commerce and Industry.

H. 3718 -- Reps. Cobb-Hunter, Hallman, Rogers, Thomas, Moody-Lawrence, Canty, Shissias, Byrd, L. Whipper, White, Neilson, Wells, Allison, Harrison, Stuart, Wofford and J. Harris: A BILL TO AMEND SECTION 16-25-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SENTENCING A PERSON CONVICTED OF DOMESTIC VIOLENCE, SO AS TO REQUIRE A PERSON WHO IS ORDERED TO ATTEND A TREATMENT PROGRAM FOR BATTERING SPOUSES TO COMPLETE THE PROGRAM RATHER THAN TO PARTICIPATE IN THE PROGRAM.

Referred to Committee on Judiciary.

S. 44 -- Senators Courson, Wilson and Gregory: A BILL TO AMEND SECTION 17-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CITIZEN ARREST, BY DELETING LANGUAGE RELATING TO EVIL INTENT SO AS TO PROVIDE THAT A CITIZEN'S ARREST MAY BE MADE WHEN A PERSON ENTERS A DWELLING HOUSE ILLEGALLY WITHOUT EXPRESS OR IMPLIED PERMISSION.

Referred to Committee on Judiciary.

Printed Page 1099 . . . . . Wednesday, March 1, 1995
S. 285 -- Senators Passailaigue, Rose and McConnell: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

Referred to Committee on Ways and Means.

S. 357 -- Senator McGill: A BILL TO AMEND SECTION 12-36-2120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ON ELECTRICITY USED BY MANUFACTURERS, MINERS, OR QUARRIERS TO MANUFACTURE, MINE, OR QUARRY TANGIBLE PERSONAL PROPERTY FOR SALE TO INCLUDE ELECTRICITY USED BY COTTON GIN OPERATORS.

Referred to Committee on Ways and Means.

S. 561 -- Finance Committee: A BILL TO AMEND SECTION 57-11-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE HIGHWAY FUND, SO AS TO REQUIRE INTEREST EARNED FROM THE FUND TO BE DEPOSITED IN THE FUND.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 3715 -- Rep. Sheheen: A CONCURRENT RESOLUTION TO ADOPT THE JOINT RULES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES FOR THE 1995 AND 1996 SESSIONS OF THE GENERAL ASSEMBLY.

The Concurrent Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:

H. 3717 -- Reps. Carnell, Klauber, McAbee, Stille and Tucker: A CONCURRENT RESOLUTION TO WELCOME AMY HETTICH OF

Printed Page 1100 . . . . . Wednesday, March 1, 1995
LARAMIE, WYOMING, THE 1995 MISS RODEO USA, TO SOUTH CAROLINA IN CONJUNCTION WITH HER APPEARANCE AT AN UPSTATE RODEO IN MAY AND TO EXTEND TO HER THE PRIVILEGE OF THE HOUSE FLOOR ON THURSDAY, MAY 25, 1995.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

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