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

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| Printed Page 4960, June 12 | Printed Page 4980, June 13 |

Printed Page 4970 . . . . . Thursday, June 13, 1996

Rep. J. BROWN moved to adjourn debate upon the message, which was adopted.

S. 1216--DEBATE ADJOURNED

The motion of Rep. FELDER to reconsider the vote whereby the Senate amendments were concurred in to the following Bill was taken up.

S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY


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WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.

Rep. FELDER moved to adjourn debate upon the motion to reconsider, which was adopted.

S. 119--AMENDED AND TABLED

The following Bill was taken up.

S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT


Printed Page 4972 . . . . . Thursday, June 13, 1996

PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9380AC.96), which was adopted.

Amend the bill, as and if amended, SECTION 8, Section 44-53-140(A), page 9, line 14, by striking /from/ and inserting /by/ so that when amended the subsection reads:

/(A) Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a


Printed Page 4973 . . . . . Thursday, June 13, 1996

confidant, no statement made by such the holder and no observation or conclusion derived from by such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort./

Amend further, SECTION 11, page 10, line 18, by striking /Section 8/ and inserting /Section 7/ so that when amended, the SECTION reads:

/SECTION 11. The South Carolina Commission on Alcohol and Drug Abuse shall ensure that a staff position is designated to carry out the functions required by Section 44-49-40(c)(11) of the 1976 Code as added by Section 7 of this act./

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. BROWN explained the amendment.

The amendment was then adopted.

Reps. WOFFORD and HUTSON proposed the following Amendment No. 2 (Doc Name P:\amend\JIC\6098DW.96), which was adopted.

Amend the bill, as and if amended, page 3, line 8, by inserting before the period /; and

Whereas, it is the policy in the State of South Carolina to prosecute women who use illegal drugs during pregnancy/

Amend further, SECTION 2, page 3, lines 21 and 22, by striking /Punitive or coercive measures should be used only as a last resort./

Amend further, SECTION 2, page 4, lines 13-16, by striking /In order to avoid deterring pregnant substance abusers from obtaining prenatal care at the earliest possible time, the privacy of the physician-patient relationship should be protected./

Amend further, SECTION 3, page 6, lines 8 and 9, as contained in Section 44-54-40, by striking /All records and reports regarding the pregnant woman are confidential./

Amend further, SECTION 3, page 7, by striking subsections (G) and (H), as contained in Section 44-54-50.

Amend further, SECTION 4, pages 7 and 8, by striking subsection (C).


Printed Page 4974 . . . . . Thursday, June 13, 1996

Amend further, page 8, by striking SECTION 5 in its entirety.

Amend further, Section 8, page 9, by striking Section 44-53-140 in its entirety and inserting:

/Section 44-53-140. Whenever When a holder of the privilege shall seek seeks counselling, treatment, or therapy for any a drug problem from a confidant, no statement made by such the holder and no observation or conclusion derived from such the confidant shall be is admissible against such the holder in any proceeding. The results of any an examination to determine the existence of illegal or prohibited drugs in a holder's body shall are not be admissible in any proceeding against such the holder. The privilege belongs to the holder and if he the holder waives the right to claim the privilege the communication between the holder of the privilege and the confidant shall be is admissible in evidence in any proceeding. There is no privilege if the services of a confidant are sought to enable the holder of the privilege to commit or plan to commit a crime or a tort. This shall not apply in any criminal prosecution involving a mother who harms an infant or viable unborn fetus through use of illegal or prohibited drugs or controlled substances./

Renumber sections to conform.

Amend title to conform.

Rep. WOFFORD explained the amendment.

Rep. SHISSIAS spoke against the amendment.

Rep. TRIPP spoke in favor of the amendment.

Rep. SHISSIAS spoke against the amendment.

Rep. HUTSON spoke in favor of the amendment.

Rep. SHISSIAS moved to table the amendment, which was agreed to.

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

LEAVE OF ABSENCE

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

RECURRENCE TO THE MORNING HOUR

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


Printed Page 4975 . . . . . Thursday, June 13, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 5104 -- Reps. Witherspoon, T. Brown, Keegan, Kelley, Martin, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE HAROLD G. WORLEY OF HORRY COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON HIS DECISION NOT TO SEEK RE-ELECTION TO THE HOUSE.

Whereas, the members of the General Assembly have learned with deep regret that the Honorable Harold G. Worley is not seeking re-election to the South Carolina House of Representatives; and

Whereas, since he began serving in the House in 1993, he has represented the people of District 104 in Horry County with great ability and dedication; and

Whereas, Harold Worley is a successful businessman, developer, and contractor who brought his experiences in the private sector to the public sector, and this gave him a unique insight into the problems that business and industry face; and

Whereas, he served as a member of the North Myrtle Beach City Council prior to being elected to the General Assembly and in both capacities was an effective voice for more efficient and responsive government; and


Printed Page 4976 . . . . . Thursday, June 13, 1996

Whereas, he was especially effective as a member of the House Labor, Commerce and Industry Committee where he earned the respect and affection of colleagues and constituents alike; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and commend this outstanding public servant as his tenure in the South Carolina House of Representatives draws to a close. Now, therefore,

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

That the members of the General Assembly hereby commend the Honorable Harold G. Worley of Horry County for his distinguished service as a member of the South Carolina House of Representatives upon his decision not to seek re-election to the House.

Be it further resolved that a copy of this resolution be forwarded to Representative Worley.

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

STATEMENT BY REP. SCOTT

Rep. SCOTT and the Legislative Black Caucus made a statement relative to Rep. L. WHIPPER's and Rep. WHITE's service in the House.

STATEMENT BY REP. S. WHIPPER

Rep. S. WHIPPER made a statement relative to Rep. LUCILLE S. WHIPPER's service in the House.

STATEMENT BY REP. L. WHIPPER

Rep. LUCILLE WHIPPER made a statement relative to her service in the House of Representatives.

STATEMENT BY REP. CAVE

Rep. CAVE made a statement relative to Rep. JUANITA M. WHITE's service in the House.

SPEAKER PRO TEMPORE IN CHAIR

STATEMENT BY REP. WHITE

Rep. JUANITA WHITE made a statement relative to her service in the House of Representatives.


Printed Page 4977 . . . . . Thursday, June 13, 1996

STATEMENT BY REP. WILKINS

Rep. WILKINS and the Greenville Delegation made a statement relative to Rep. RALPH ANDERSON's service in the House.

STATEMENT BY REP. BREELAND

Rep. BREELAND and the Greenville Delegation made a statement relative to Rep. RALPH ANDERSON's service in the House.

STATEMENT BY REP. ANDERSON

Rep. RALPH ANDERSON made a statement relative to his service in the House of Representatives.

STATEMENT BY REP. NEAL

Rep. NEAL and the Berkeley Delegation made a statement relative to Rep. DEWITT WILLIAMS' service in the House.

STATEMENT BY REP. WILLIAMS

Rep. DEWITT WILLIAMS made a statement relative to his service in the House of Representatives.

STATEMENTS BY REPS. SCOTT, HODGES

AND COBB-HUNTER

Rep. SCOTT and the Richland Delegation and Rep. HODGES and Rep. COBB-HUNTER made a statement relative to Rep. TIMOTHY F. ROGERS' service in the House.

STATEMENT BY REP. ROGERS

Rep. TIM ROGERS made a statement relative to his service in the House of Representatives.

STATEMENT BY REP. KEEGAN

Rep. KEEGAN and the Horry Delegation made a statement relative to Rep. L. MORGAN MARTIN's service in the House.

STATEMENT BY REP. MARTIN

Rep. MORGAN MARTIN made a statement relative to his service in the House of Representatives.

STATEMENT BY REP. CARNELL

Rep. CARNELL and the Anderson Delegation made a statement relative to Rep. PATRICK B. HARRIS' service in the House.


Printed Page 4978 . . . . . Thursday, June 13, 1996

STATEMENT BY REP. P. HARRIS

Rep. PAT HARRIS made a statement relative to his service in the House of Representatives.

On motion of Rep. CARNELL, Rep. P. HARRIS' remarks were ordered printed in the Journal as follows:

This will be my last appearance at this podium. My legislative career, after 27 years, is over. I will be replaced as a legislator and the old saying, "soon gone and quick forgotten" will apply to me as a legislator but I hope I will remain in your hearts forever. I know you will in mine.

I must take this opportunity to thank Jim Harrison for the many nice things he said about me from this podium before his departure for Bosnia--"Thank you Jim."

Age is apparently an issue in all decisions. When I announced that I would not seek reelection, the reporter asked, "How old are you?" I told him, "He would have to figure it out himself--that when I was a boy, the dead sea had just gotten sick!" My seat mate, Mr. John Tucker, said he wanted to correct a historical mistake--"That I was not wounded at Bunkerhill, that it was Gettysburg."

When asked how I felt about ending my legislative career, I replied, "It hurts too bad to laugh and I'm too big to cry." So I leave you with, "Till we meet again."

STATEMENT BY REP. WELLS

Rep. CAROLE C. WELLS made a statement relative to her service in the House of Representatives.

STATEMENT BY REP. HARRELL

Rep. HARRELL and the Berkeley, Dorchester and Charleston Delegations made a statement relative to Reps. HALLMAN's, FULMER's, L. WHIPPER's, WOFFORD's, WILLIAMS' and HUTSON's service in the House.

STATEMENT BY REP. HALLMAN

Rep. HARRY M. HALLMAN made a statement relative to his service in the House of Representatives.

STATEMENT BY REP. FULMER

Rep. RON FULMER made a statement relative to his service in the House of Representatives.


Printed Page 4979 . . . . . Thursday, June 13, 1996

STATEMENTS BY REP. LIMEHOUSE AND

REP. YOUNG-BRICKELL

Rep. LIMEHOUSE and the Charleston Delegation made a statement relative to Rep. HEYWARD G. HUTSON's service in the House.

STATEMENT BY REP. HUTSON

Rep. HEYWARD HUTSON made a statement relative to his service in the House of Representatives.

STATEMENT FOR JOURNAL

On motion of Rep. HUTSON, his remarks were ordered printed as follows:

I want to thank you for your friendship. I have enjoyed a wonderful relationship with all of you and I hope our friendship will continue in the years ahead.

I would like to share three elements of my philosophy that have served me well through the years and I commend them to you because they will give you great strength at times such as this. The first element I learned in High School from an Episcopal Bishop. He said: "You love people and use things, you don't use people and love things."

The second element comes from Rudyard Kipling's poem "If" which I would like to read to you:

IF

If you can keep your head when all about you

Are losing theirs and blaming it on you,

If you can trust yourself when all men doubt you,

But make allowance for their doubting too;

If you can wait and not be tired by waiting,

Or being lied about, don't deal in lies,

Or being hated don't give way to hating,

And yet don't look too good, nor talk too wise:

If you can dream--and not make dreams your master;

If you can think--and not make thoughts your aim,

If you can meet with Triumph and Disaster

And treat those two imposters just the same;

If you can bear to hear the truth you've spoken

Twisted by knaves to make a trap for fools,

Or watch the things you gave your life to, broken,

And stoop and build'em up with worn-out tools:


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