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

Page Finder Index

| Printed Page 940, Feb. 16 | Printed Page 960, Feb. 17 |

Printed Page 950 . . . . . Thursday, February 16, 1995

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21387SD.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. This act takes effect upon approval by the Governor and applies to causes of action accruing on or after July 1, 1995./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

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

H. 3262--POINT OF ORDER

The following Bill was taken up.

H. 3262 -- Reps. Harrison, Baxley, Jennings, Cobb-Hunter, Beatty, Huff, Martin, S. Whipper, L. Whipper and Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-547 SO AS TO ENSURE THE RIGHT OF BREAST IMPLANT VICTIMS WHO ARE MEMBERS OF THE SETTLEMENT CLASS OF THE IN RE SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL 926) TO BRING AN ACTION FOR PERSONAL INJURIES OR DEATH.

POINT OF ORDER

Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.


Printed Page 951 . . . . . Thursday, February 16, 1995

H. 3314--POINT OF ORDER

The following Bill was taken up.

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9890DW.95).

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

/SECTION . The 1976 Code is amended by adding:

"Section 7-13-75. No member of a county or municipal election commission, voter registration board, or combined election and voter registration commission may participate in political management or in a political campaign during the member's term of office. No member may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate over whose election the member has jurisdiction. Violation of this section subjects the member to removal by the Governor or appropriate appointive authority."/

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.

POINT OF ORDER

Rep. HUFF made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.


Printed Page 952 . . . . . Thursday, February 16, 1995

H. 3185--POINT OF ORDER

The following Bill was taken up.

H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.

Rep. CANTY explained the Bill.

POINT OF ORDER

Rep. FAIR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 3115--POINT OF ORDER

The following Bill was taken up.

H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.

POINT OF ORDER

Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.


Printed Page 953 . . . . . Thursday, February 16, 1995

RECURRENCE TO THE MORNING HOUR

Rep. KLAUBER moved that the House recur to the morning hour, which was agreed to.

HOUSE RESOLUTION

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

H. 3627 -- Reps. Klauber, Carnell, McAbee and Stille: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LANDER UNIVERSITY MEN'S TENNIS TEAM AND ITS COACHES ON THURSDAY, FEBRUARY 16, 1995, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE NATIONAL TENNIS CROWN.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Lander University men's tennis team and its coaches, at a time to be determined by the Speaker, on Thursday, February 16, 1995, for the purpose of being recognized on winning the national tennis crown.

The Resolution was adopted.

SPECIAL PRESENTATION

Rep. KLAUBER presented to the House the Lander University Men's Tennis Team, its coaches and other school officials, winners of the National Tennis Crown.

INTRODUCTION OF BILLS

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

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.
Referred to Committee on Judiciary.


Printed Page 954 . . . . . Thursday, February 16, 1995

H. 3629 -- Rep. H. Brown: A JOINT RESOLUTION SUSPENDING THE LIMITATIONS ON APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR FISCAL YEAR 1995-96 AND TO PROVIDE THAT ANY ADDITIONAL REVENUES MADE AVAILABLE FOR APPROPRIATION RESULTING FROM THIS SUSPENSION MUST BE USED FOR PROPERTY TAX RELIEF.

Referred to Committee on Ways and Means.

H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SALES BY RETAIL DEALERS OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR CONSUMPTION IN COMMERCIAL AIRCRAFT ENGAGED IN INTERSTATE COMMERCE.

Referred to Committee on Ways and Means.

H. 3631 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-33-75 SO AS TO REQUIRE ALL HOSPITAL BASED HEALTH CARE SERVICES AND ALL HEALTH CARE SERVICES OFFERED IN OR THROUGH A HOSPITAL PROVIDER UNDER A HEALTH MAINTENANCE ORGANIZATION (HMO) ALSO MUST BE PROVIDERS UNDER THAT HMO.

Referred to Committee on Labor, Commerce and Industry.

H. 3632 -- Reps. Jennings, Harwell, Knotts, Klauber and Shissias: A BILL TO CONFORM CERTAIN PROVISIONS OF LAW TO THE NEW SOUTH CAROLINA RULES OF EVIDENCE WHICH TAKE EFFECT SEPTEMBER 3, 1995, BY AMENDING SECTION 15-75-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPUTATION TO A FEMALE OF A WANT OF CHASTITY SO AS TO DELETE REFERENCES TO THE RULES OF EVIDENCE AT COMMON LAW; BY AMENDING SECTION 19-11-30, AS AMENDED, RELATING TO THE COMPETENCY OF SPOUSES AS WITNESSES IN LEGAL PROCEEDINGS, SO AS TO PROVIDE THAT SPOUSES ARE COMPETENT TO BE WITNESSES BECAUSE UNDER THE NEW RULES OF EVIDENCE EVERY PERSON IS DEEMED COMPETENT TO BE A WITNESS UNLESS OTHERWISE SPECIFIED;


Printed Page 955 . . . . . Thursday, February 16, 1995

BY AMENDING SECTION 19-11-50, RELATING TO THE TESTIMONY OF A DEFENDANT IN CRIMINAL CASES, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CRIMINAL DEFENDANTS MAY TESTIFY; BY AMENDING SECTION 19-21-50, RELATING TO PROOF OF LOST PAPERS SO AS TO DELETE REFERENCES TO THE PROOF OF LOST PAPERS ACCORDING TO THE RULES OF EVIDENCE EXISTING AT COMMON LAW; BY AMENDING SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS UPON A PARDON, SO AS TO FURTHER PROVIDE FOR HIS RIGHT TO TESTIFY WITHOUT HAVING HIS CONVICTION INTRODUCED FOR IMPEACHMENT PURPOSES; AND BY REPEALING SECTIONS 19-1-40, 19-1-50, 19-5-410, 19-11-10, 19-11-25, 19-11-40, 19-11-60, AND 19-11-70 RELATING TO VARIOUS PROVISIONS OF LAW IN REGARD TO EVIDENTIARY MATTERS IN LEGAL PROCEEDINGS.

Referred to Committee on Judiciary.

H. 3633 -- Reps. Shissias, Neal, Cobb-Hunter, Beatty, Keyserling, Inabinett, Neilson, L. Whipper, Howard, Scott, Lloyd, Harvin, Stuart, Hodges, Spearman, S. Whipper, Askins and Lanford: A BILL TO ENACT THE ECONOMIC SELF-SUFFICIENCY AND PARENTAL RESPONSIBILITY ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO EXPAND THE DEPARTMENT OF SOCIAL SERVICES WORK SUPPORT PROGRAM STATEWIDE; TO REVISE THE REQUIREMENTS FOR PARTICIPATION IN THE WORK SUPPORT PROGRAM; TO REQUIRE AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC) RECIPIENTS TO ENTER INTO AGREEMENTS AND TO ALLOW SANCTIONS FOR NONCOMPLIANCE; TO INCREASE THE FAMILY ASSETS LIMIT AND TO REMOVE THE AUTOMOBILE RESOURCE VALUE LIMIT; TO EXCLUDE FROM INCOME INTEREST AND DIVIDENDS AND A MINOR CHILD'S EARNINGS; TO ALLOW INDIVIDUAL DEVELOPMENT ACCOUNTS; TO REVISE THE AMOUNT A FAMILY MAY DISREGARD AS INCOME; TO DEVELOP A TRANSITION FROM AFDC INCOME WHICH ALLOWS A FAMILY TO RECEIVE CERTAIN BENEFITS AFTER THEY ARE NO LONGER ELIGIBLE; TO LIMIT RECEIVING AFDC TO THIRTY-SIX MONTHS EXCEPT UNDER CERTAIN CONDITIONS; TO ELIMINATE THE FAMILY DEPRIVATION RULE; TO PROVIDE INCENTIVES TO BUSINESS AND INDUSTRY TO HIRE AFDC RECIPIENTS; TO DIRECT THE DEPARTMENT OF SOCIAL


Printed Page 956 . . . . . Thursday, February 16, 1995

SERVICES TO SEEK FEDERAL FUNDS FOR ENTREPRENEURIAL DEVELOPMENT INCENTIVES FOR AFDC RECIPIENTS; TO INCREASE THE AMOUNT RETURNED TO AFDC FAMILIES FROM CHILD SUPPORT COLLECTED; TO PROVIDE OUTREACH SERVICES; TO ENDORSE LOCAL EFFORTS FOR A STATEWIDE MASS TRANSIT NETWORK; TO PROVIDE THAT FUNDS MUST BE APPROPRIATED TO MATCH FEDERAL CHILD CARE FUNDS; TO EXTEND CERTAIN FEDERAL FUNDS TO LOCAL ENTITIES TO PROVIDE LOW INCOME RENTAL HOUSING; TO REQUIRE UNEMPLOYED NONCUSTODIAL PARENTS TO PARTICIPATE IN THE DEPARTMENT'S WORK SUPPORT PROGRAM; TO PROMOTE ADOLESCENT PREGNANCY PREVENTION EFFORTS AND THE EXPANSION OF FAMILY PLANNING SERVICES; AND TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL BY 2001 TO MAKE FAMILY PLANNING SERVICES AVAILABLE TO WOMEN UNDER ONE HUNDRED EIGHTY-FIVE PERCENT OF THE FEDERAL POVERTY LEVEL.

Referred to Committee on Judiciary.

H. 3634 -- Reps. Hutson, R. Smith, Tripp, Law, Vaughn, Cotty, Meacham, Lanford, Fulmer, Simrill, Hallman, Whatley, Stille, Limehouse, Shissias, Walker, Trotter, Robinson, Davenport, Seithel, Littlejohn, Hallman, Wofford, Rice, Haskins, Cato, D. Smith, A. Young, Klauber, Kirsh and Dantzler: A JOINT RESOLUTION IMPOSING A HIRING FREEZE ON STATE GOVERNMENT THROUGH JUNE 30, 1997, AND PROVIDING EXCEPTIONS AND TO REQUIRE A FIVE PERCENT REDUCTION IN FULL-TIME EQUIVALENT POSITIONS IN STATE AGENCIES WITH MORE THAN TWENTY FTE'S IN FISCAL YEAR 1995-96 AND AN ADDITIONAL FIVE PERCENT REDUCTION IN FISCAL YEAR 1996-97.

Referred to Committee on Ways and Means.

H. 3635 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1142 SO AS TO ALLOW A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR SERVICE IN THE PEACE CORPS UNDER THE SAME TERMS AND CONDITIONS AS MILITARY SERVICE.

Referred to Committee on Ways and Means.


Printed Page 957 . . . . . Thursday, February 16, 1995

H. 3636 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-115 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY OR A FORMER MEMBER WITHIN TWO YEARS OF THE END OF HIS TERM FROM BEING ELECTED TO AN OFFICE OF HONOR OR PROFIT WHICH THE GENERAL ASSEMBLY ELECTS.

Referred to Committee on Judiciary.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3043 from the Committee on Labor, Commerce and Industry.

Rep. KIRSH objected.

H. 3338--DEBATE ADJOURNED

Rep. JENNINGS moved to adjourn debate upon the following Bill until Tuesday, February 21, which was adopted.

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND


Printed Page 958 . . . . . Thursday, February 16, 1995

INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

Rep. FLEMING move that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3611 -- Reps. Waldrop and Wilder: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF FEBRUARY 20-26, 1995, AS "NEWBERRY COUNTY JUNIOR MISS WEEK" IN NEWBERRY COUNTY.

ADJOURNMENT

At 11:15 A.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of Henry Earl Pitts, Sr., of Clinton, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 959 . . . . . Friday, February 17, 1995

Friday, February 17, 1995

(Local 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:

Almighty God, our Father, lead us into the green pastures of Your presence and beside the still waters of Your leadership that we may have our strength renewed. Grant us wisdom for facing the times at hand and courage for living in our day. Make us equal to the challenges of this day and more than a match for whatever we face. Keep our faith steady, our hope stable, our desire for good strong - that we may be instruments of Your will and vehicles of Your truths.

Cause us to pray always with the Psalmist: "Lead me into the land of uprightness." (Psalm 143:1b) Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

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

H. 3603 -- Reps. Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE IRMO FIRE DISTRICT, SO AS TO DELETE THE REQUIREMENT TO HAVE ONLY VOLUNTEER FIREMEN WORK FOR THE DISTRICT, AND DELETE THE AUTHORITY FOR A FIVE MILL TAX LEVY FOR THE DISTRICT AND AUTHORIZE A TAX EQUAL TO THE AMOUNT LEVIED BY LEXINGTON COUNTY FOR COUNTYWIDE FIRE PROTECTION BE LEVIED FOR THE BENEFIT OF THE DISTRICT.

H. 3614 -- Reps. A. Young, Harrell, Cobb-Hunter, Bailey and Hutson: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.


| Printed Page 940, Feb. 16 | Printed Page 960, Feb. 17 |

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