Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 2460, Apr. 23 | Printed Page 2480, Apr. 23 |

Printed Page 2470 . . . . . Tuesday, April 23, 1996

Georgia, U. S. Coastal Highway, No. 17 to the Sea', U. S. Army Corps of Engineers, Savannah District as amended by the Examination Survey-1992 charts for the Savannah Harbor Deepening Project, Drawings No. DSH 112/107, (hereinafter the `Channel Chart');

Proceeding thence along the said northwestern boundary to its intersection with the northern boundary of the Back River Sediment Basin; thence southeasterly until said northern boundary intersects the northern boundary of the main navigational channel as depicted on the Channel Chart at the point designated as SR-34 (latitude 32° 05´ 01.440" N., longitude 081° 02´ 17.252" W., North American Datum (NAD) 1983-86);

Proceeding thence toward the mouth of the Savannah River along the northern boundary of the main navigational channel at the new channel limit as depicted on the Channel Chart, via Oglethorpe Range through point SR-33 (latitude 32° 05´ 17.168" N., longitude 081° 01´ 34.665" W., NAD 1983-86), Fort Jackson Range through point SR-32 (latitude 32° 05´ 30.133" N., longitude 081° 01´ 17.750" W., NAD 1983-86), the Bight Channel through points SR-31 (latitude 32° 05´ 55.631" N., longitude 081° 01´ 02.480" W., NAD 1983-86), SR-30 (latitude 32° 06´ 06.272" N., longitude 081° 00´ 44.802" W., NAD 1983-86), SR-29 (latitude 32° 06´ 09.053" N., longitude 081° 00´ 31.887" W., NAD 1983-86), SR-28 (latitude 32° 06´ 08.521" N., longitude 081° 00´ 15.498" W., NAD 1983-86), and SR-27 (latitude 32° 06´ 01.565" N., longitude 080° 59´ 58.406" W., NAD (1983-86), Upper Flats Range through points SR-26 (latitude 32° 05´ 41.698" N., longitude 080° 59´ 31.968" W., NAD 1983-86) and SR-25 (latitude 32° 05´ 02.819" N., longitude 080° 59´ 12.644" W., NAD 1983-86), Lower Flats Range through points SR-24 (latitude 32° 04´ 46.375" N., longitude 080° 59´ 00.631" W., NAD 1983-86), SR-23 (latitude 32° 04´ 40.209" N., longitude 080° 58´ 49.947" W., NAD 1983-86), SR-22 (latitude 32° 04´ 28.679" N., longitude 080° 58´ 18.895" W., NAD 1983-86), and SR-21 (latitude 32° 04´ 22.274" N., longitude 080° 57´ 34.449" W., NAD 1983-86), Long Island Crossing Range through points SR-20 (latitude 32° 04´ 13.042" N., longitude 080° 57´ 14.511" W., NAD 1983-86), and SR-19 (latitude 32° 02´ 30.984" N., longitude 080° 55´ 30.308" W., NAD 1983-86) and New Channel Range following the northern boundary of the Rehandling Basin and the northern boundary of the Oyster Bed Island Turning Basin back to the northern edge of the main navigational channel, thence through points SR-17 (latitude 32° 02´ 07.661" N., longitude 080° 53´ 39.379" W., NAD 1983-86) and SR-16 (latitude 32° 02´ 07.533" N., longitude 080° 53´ 31.663" W., NAD 1983-86), to a point at latitude 32° 02´ 08" N.,


Printed Page 2471 . . . . . Tuesday, April 23, 1996

longitude 080° 53´ 25" W., NAD 1983-86 (now marked by Navigational Buoy "24") near the eastern end of Oyster Bed Island;

Proceeding thence from a point at latitude 32° 02´ 08" N., longitude 080° 53´ 25" W., NAD 1983-86 (now marked by Navigational Buoy R "24") on a true azimuth of 0° 0´ 0" (true north) to the mean low low-water line of Oyster Bed Island; thence easterly along the said mean low low-water line of Oyster Bed Island to the point at which the said mean low low-water line of Oyster Bed Island intersects the Oyster Bed Island Training Wall;

Proceeding thence easterly along the mean low low-water line of the southern edge of the Oyster Bed Island Training Wall to its eastern end; thence continuing the same straight line to its intersection with the Jones Island Range line;

Proceeding thence southeasterly along the Jones Island Range line until reaching the northern boundary of the main navigational channel as depicted on the Channel Chart;

Proceeding thence southeasterly along the northern boundary of the main navigational channel as depicted on the Channel Chart, via Jones Island Range and Bloody Point Range, to a point at latitude 31° 59´ 48.0" N., longitude 080° 47´ 01.5" W., NAD 1983-86 (now marked by Navigational Buoy "6"); and finally,

Proceeding from a point at latitude 31° 59´ 48.0" N., longitude 080° 47´ 01.5" W., NAD 1983-86 (now marked by Navigational Buoy "6") extending southeasterly to the federal-state boundary on a true azimuth of 104 degrees (bearing of S76°E), which describes the line being at right angles to the baseline from the southernmost point of Hilton Head Island and the northernmost point of Tybee Island, drawn by the Baseline Committee in 1970.

Should the need for further delimitation arise, the boundary shall further extend southeasterly on above-described true azimuth of 104 degrees (bearing of S76°E).

Provided, further, that nothing in this section shall in any way be considered to govern or affect in any way the division between the states of the remaining assimilative capacity that is, the capacity to receive wastewater and other discharges without violating water quality standards, of the portion of the Savannah River described in this section."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. D. SMITH explained the amendment.

The amendment was then adopted.


Printed Page 2472 . . . . . Tuesday, April 23, 1996

Reps. HODGES, BOAN and HARRISON proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2466DW.96), which was adopted.

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

/SECTION . For the General Election of 1996 only, the deadline for making available fingerprint records to the State Law Enforcement Division by candidates for sheriff pursuant to provisions of Section 23-11-110(A)(7) of the 1976 Code and the deadline for filing the sworn affidavit with the county executive committee pursuant to the provisions of Section 23-11-110(B)(1) is extended until noon forty-five days before the general election./

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 4865--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4865 -- Reps. Law, Cato, Bailey, Wofford, H. Brown, Dantzler, Young-Brickell and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-1095 SO AS TO PROVIDE THAT A PRIVATE INSURER LICENSED TO UNDERWRITE "ESSENTIAL PROPERTY INSURANCE" MAY FILE AND USE CERTAIN RATES FOR THE COVERAGES DETAILED IN SECTION 38-75-310(1) AND THE PROCESS FOR FILING AND HAVING THE RATES APPROVED; AND BY ADDING SECTION 38-75-386 SO AS TO PROVIDE THAT LIABILITY OR A CAUSE OF ACTION MAY NOT ARISE AGAINST CERTAIN PERSONS FOR CERTAIN STATEMENTS MADE TO OR INFORMATION PROVIDED TO AN INSURER TO FACILITATE THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE OR TO FACILITATE COMPETITION FOR THE UNDERWRITING OF CERTAIN ESSENTIAL PROPERTY INSURANCE.


Printed Page 2473 . . . . . Tuesday, April 23, 1996

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22684CM.96), which was adopted.

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

/SECTION __. Section 38-75-310 of the 1976 Code, as last amended by Act 504 of 1994, is further amended by adding:

"(7) `Seacoast area' means all areas within Horry, Georgetown, Berkeley, Charleston, Dorchester, Colleton, Beaufort, and Jasper Counties."/

Amend further by adding an appropriately numbered SECTION to read:

/SECTION __. Section 38-73-910 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:

"However, a private insurer licensed to underwrite essential property insurance as defined by Section 38-75-310(1), notwithstanding any limitations included within this title, may file and use, pursuant to the provisions of Section 38-73-1095, any rates which result in insurance premium rates of ninety percent, or less, of the insurance premium rates then approved for the South Carolina Wind and Hail Underwriting Association for use within the coastal area of South Carolina as defined by Section 38-75-310(5)."/

Amend further by adding an appropriately numbered SECTION to read:

/SECTION __. Section 38-73-920 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding at the end:

"However, a private insurer licensed to underwrite essential property insurance as defined by Section 38-75-310(1), notwithstanding any limitations included within this title, may file and use, pursuant to the provisions of Section 38-73-1095, any rates which result in insurance premium rates of ninety percent, or less, of the insurance premium rates then approved for the South Carolina Wind and Hail Underwriting Association which result in an insurance premium increase for any policyholder situated within a coastal area of South Carolina as defined by Section 38-75-310(5) not more than once in any six-month period."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. LAW explained the amendment.

The amendment was then adopted.

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


Printed Page 2474 . . . . . Tuesday, April 23, 1996

H. 4392--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4392 -- Reps. Byrd, Moody-Lawrence, J. Brown, Lloyd, Kinon, J. Hines, T. Brown, Harvin, Cobb-Hunter, White and Cave: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 125 TO ENACT THE OSTEOPOROSIS PREVENTION AND TREATMENT EDUCATION ACT SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO ESTABLISH THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9262AC.96), which was adopted.

Amend the bill, as and if amended, Section 44-125-30, page 2, line 6, before the /:/ by inserting /, if funds are available from the Osteoporosis Education Fund/, so that when amended the section reads:

/Section 44-125-30. To implement the purposes of the fund the department may establish an Osteoporosis Prevention and Treatment Education Program and may, if funds are available from the Osteoporosis Education Fund:

(1) conduct a statewide needs assessment to identify:

(a) available technical assistance and educational materials and programs nationwide;

(b) the level of public and professional awareness about osteoporosis;

(c) the needs of osteoporosis patients and of their families and caregivers;

(d) needs of health care providers;

(e) the services available to osteoporosis patients;

(f) existence of osteoporosis treatment programs;

(g) existence of osteoporosis support groups;

(h) existence of osteoporosis rehabilitation services;

(i) number and location of bone density testing equipment;

(2) design and implement strategies for raising public awareness of the causes and nature of osteoporosis, personal risk factors, the value of


Printed Page 2475 . . . . . Tuesday, April 23, 1996

prevention and early detection, and options for diagnosing and treating osteoporosis;

(3) develop and work with other state and local agencies in presenting educational programs for physicians and other health professionals on the most up-to-date, accurate scientific and medical information on osteoporosis prevention, diagnosis, treatment, and therapeutic decision-making including, but not limited to, guidelines for detecting and treating the disease in special populations, risks and benefits of medications, and research advances; and

(4) develop, maintain, and make available a list of osteoporosis-related services and osteoporosis health care providers with specialization in services to prevent, diagnose, and treat osteoporosis./

Amend further, Section 44-125-40, page 2, line 37, before the /:/ by inserting /, if funds are available from the Osteoporosis Education Fund/, so that when amended the section reads:

/Section 44-125-40. Additionally the department, in carrying out its responsibilities under this chapter, may, if funds are available from the Osteoporosis Education Fund:

(1) employ qualified staff to implement the Osteoporosis Prevention and Treatment Education Program established by Section 44-125-10;

(2) provide appropriate training for staff of the Osteoporosis Prevention and Treatment Education Program;

(3) work to improve the capacity of community-based services available to osteoporosis patients;

(4) work with other state and local governmental offices, community and business leaders, community organizations, health care and human service providers, and national osteoporosis organizations to coordinate efforts and maximize state resources in the areas of education, prevention, and treatment of osteoporosis.

(5) identify and, when appropriate, replicate or use successful osteoporosis programs and procure related materials and services from organizations with appropriate expertise and knowledge of osteoporosis./

Renumber sections to conform.

Amend title to conform.

Rep. WILDER explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILDER continued speaking.


Printed Page 2476 . . . . . Tuesday, April 23, 1996

SPEAKER IN CHAIR

Rep. ROBINSON moved to adjourn debate upon the Bill until Wednesday, April 24.

Rep. SCOTT moved to table the motion, which was agreed to by a division vote of 32 to 16.

The amendment was then adopted.

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

Further proceedings were interrupted by expiration of time on the uncontested Calendar.

RECURRENCE TO THE MORNING HOUR

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4968 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE CONTRIBUTION TO THE SPORT OF WOMEN'S BASKETBALL MADE BY SAUDIA ROUNDTREE OF ANDERSON IN HER INCREDIBLE PLAYING CAREER AT THE UNIVERSITY OF GEORGIA AND IN HER YEARS AT ANDERSON'S WESTSIDE HIGH SCHOOL.

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

HOUSE RESOLUTION

The following was introduced:

H. 4969 -- Rep. Wright: A HOUSE RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE YEOMAN SERVICE OF MR. RICHARD WINCHELL IN HIS TIRELESS EFFORTS ON BEHALF OF SOUTH CAROLINA TAXPAYERS.

The Resolution was adopted.


Printed Page 2477 . . . . . Tuesday, April 23, 1996

H. 4404--TABLED

The following Bill was taken up.

H. 4404 -- Rep. Richardson: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERAN'S AFFAIRS OFFICERS, SO AS TO PROVIDE THAT BY RESOLUTION OF THE COUNTY LEGISLATIVE DELEGATION, THE AUTHORITY TO RECOMMEND THE APPOINTMENT OR REMOVAL OF THESE OFFICERS MAY BE DEVOLVED ON THE GOVERNING BODY OF THE COUNTY AND TO PROVIDE THOSE CIRCUMSTANCES UNDER WHICH THIS DEVOLUTION MAY BE REVERSED.

Rep. BREELAND explained the Bill.

Rep. COOPER moved to table the Bill, which was agreed to.

H. 4677--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4677 -- Reps. Limehouse, Cain and Robinson: A BILL TO AMEND SECTION 52-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIRING THAT CERTAIN ATHLETES POSSESS A PHYSICIAN'S CERTIFICATE BEFORE A SPORTS EVENT AND THE ATTENDANCE OF A PHYSICIAN AT THE RINGSIDE OF A BOXING EVENT, SO AS TO REQUIRE THE PHYSICIAN'S CERTIFICATE TO STATE THAT THE PARTICIPANT IS FREE OF THE HUMAN IMMUNODEFICIENCY VIRUS (HIV) AND THE ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS).

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 18, by the Committee on Medical, Military, Public and Municipal Affairs.

Rep. WILDER explained the amendment.

The amendment was then adopted.

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


Printed Page 2478 . . . . . Tuesday, April 23, 1996

H. 4702--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4702 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND TITLE 44, CHAPTER 36, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE, BY ADDING ARTICLE 5 TO ENACT THE "ALZHEIMER'S SPECIAL CARE DISCLOSURE ACT" SO AS TO REQUIRE CERTAIN FACILITIES OFFERING SPECIAL CARE UNITS OR PROGRAMS FOR ALZHEIMER'S PATIENTS TO DISCLOSE TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL THE FORM OF CARE OR TREATMENT PROVIDED THAT DISTINGUISHES IT AS BEING ESPECIALLY SUITABLE FOR THESE PATIENTS.

The Medical, Military, Public & Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9244AC.96), which was adopted.
Amend the bill, as and if amended, page 1, by striking lines 22 through 34.

Amend further, by striking all after the enacting words and inserting:

/ SECTION 1. This act may be cited as the "Alzheimer's Special Care Disclosure Act".

SECTION 2. Chapter 36, Title 44, of the 1976 Code, as amended, is further amended by adding:

"Article 5

Special Care Disclosure

Section 44-36-510. This article may be cited as the `Alzheimer's Special Care Disclosure Act'.

Section 44-36-520. A nursing home, community residential care facility, or day care facility for adults licensed by the Department of Health and Environmental Control which offers to provide or provides an Alzheimer's special care unit or program must include in its policies and procedures and disclose to the responsible party seeking a placement within the Alzheimer's special care unit or program, the form of care or treatment provided that distinguishes it as being especially applicable to or suitable for persons with Alzheimer's disease. The information that distinguishes the form of care or treatment shall include criteria for admission, transfer, and discharge; care planning; staffing patterns; staff training; physical environment; resident and participant activities; family role in care; and


Printed Page 2479 . . . . . Tuesday, April 23, 1996

unique costs to the resident or participant associated with specialized service delivery."

SECTION 3. This act takes effect January 1, 1997./

Renumber sections to conform.

Amend title to conform.

Rep. BREELAND explained the amendment.

The amendment was then adopted.

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

Rep. YOUNG-BRICKELL moved that the House recede until 2:15 P.M., which was adopted.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

H. 4957--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4957 -- Reps. Harrell, Wilkins, Townsend, Kelly, Hutson, Limehouse, Cobb-Hunter, Wilder, Jennings, Howard, Stoddard, Lloyd, Knotts, Shissias, Herdklotz, Mason, H. Brown, Loftis, Govan, Neal, Law, Littlejohn, McElveen, Meacham, Cain, Kennedy, Hallman, J. Harris, Carnell, Dantzler, Cotty, Easterday, Walker, Young-Brickell, Klauber, Allison, R. Smith, Sheheen, Wells, Spearman, Stille, Sandifer, Sharpe, P. Harris, Riser, Tucker, Keegan, Stuart, Byrd, Chamblee, Neilson, Baxley, McCraw, Richardson, Koon, Gamble, J. Hines, Wofford, Wright, Vaughn, Keyserling, Jaskwhich, McMahand, Kinon, Askins, Rice, Waldrop, Seithel, M. Hines, Limbaugh, Harrison, Cato, Davenport, Hodges, Lanford, Thomas, Lee, J. Young, Fleming and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 50 SO AS TO PROVIDE FOR THE ISSUANCE OF "PUBLIC EDUCATION: A


Printed Page 2480 . . . . . Tuesday, April 23, 1996

GREAT INVESTMENT" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.


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