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

Page Finder Index

| Printed Page 1310, Jan. 27 | Printed Page 1330, Feb. 1 |

Printed Page 1320 . . . . . Tuesday, February 1, 1994

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1739
Promulgated By Commissioners of Pilotage Port of Georgetown
New Regulations to Establish Standards for a Centralized, Coordinated System of Pilotage
Received By Speaker January 31, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 31, 1994

Document No. 1719
Promulgated By Clemson University, State Crop Pest Commission
Boll Weevil Rules, Regulations and Quarantine
Received By Speaker January 27, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 27, 1994

Document No. 1721
Promulgated By Clemson University, State Crop Pest Commission
Regulations Regarding Plant Nurseries
Received By Speaker January 27, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 27, 1994

Document No. 1722
Promulgated By Clemson University, State Crop Pest Commission
Regulations Pertaining to Imported Fire Ant Quarantine
Received By Speaker January 27, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 27, 1994


Printed Page 1321 . . . . . Tuesday, February 1, 1994

Document No. 1733
Promulgated By Athletic Commission
Investigations and Hearings Held by Commission
Received By Speaker January 28, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 28, 1994

Document No. 1689
Promulgated By Clemson University, State Crop Pest Commission
Pesticide Control Act
Received By Speaker January 27, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 27, 1994

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1698
Promulgated By Department of Social Services
Child Support Guidelines
Received by Speaker December 15, 1993
Referred to House Committee on Judiciary
120 Day Review Expiration Date May 11, 1994
Withdrawn and Resubmitted January 28, 1994

HOUSE RESOLUTION

The following was introduced:

H. 4638 -- Reps. McAbee, T.C. Alexander, Allison, G. Bailey, J. Bailey, Baker, Barber, Baxley, Boan, Breeland, H. Brown, J. Brown, Byrd, Cato, Chamblee, Cooper, Corning, Davenport, Delleney, Fair, Farr, Felder, Fulmer, Harrison, Harwell, Haskins, Hines, Hodges, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Kelley, Kennedy, Kirsh, Klauber, Lanford, Law, Littlejohn, Marchbanks, McElveen, McKay, McMahand, Meacham, Moody-Lawrence, Neal, Neilson, Rhoad, Richardson, Riser, Scott, Simrill, R. Smith, Stille, Stoddard, Stone, Sturkie, Townsend, Vaughn, Waldrop, Walker, Wells, Whipper, D. Wilder, J. Wilder, Wilkins, Witherspoon, Wofford, Wright and R. Young: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF


Printed Page 1322 . . . . . Tuesday, February 1, 1994

REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 1, 1994.

Be it resolved by the House of Representatives:

That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 1, 1994.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 4639 -- Reps. D. Wilder, Simrill, Harvin, Walker, Stoddard, Baker, Littlejohn, D. Smith, Klauber, Meacham and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360 RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.

Referred to Committee on Judiciary.

H. 4640 -- Reps. Govan, Jaskwhich, Robinson, Richardson, McElveen and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, THE LOCAL OPTION GASOLINE TAX, IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL OPTION TAXES, SO AS TO AUTHORIZE A COUNTY BY REFERENDUM TO IMPOSE A ONE CENT A GALLON GASOLINE TAX FOR SPECIFIC PURPOSES AND FOR A SPECIFIC DURATION AND TO PROVIDE FOR COLLECTION OF THE TAX AND DISTRIBUTION OF THE REVENUE; AND TO DESIGNATE SECTIONS 4-10-10 THROUGH 4-10-90 AS ARTICLE 1, CHAPTER 10, TITLE 4 OF THE 1976 CODE ENTITLED "LOCAL SALES AND USE TAX".

Referred to Committee on Ways and Means.

H. 4641 -- Rep. J. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-29-75 SO AS TO REQUIRE MANUFACTURERS OF MANUFACTURED HOMES TO AFFIX A PERMANENT METAL


Printed Page 1323 . . . . . Tuesday, February 1, 1994

PLATE ON WHICH IS IMPRINTED THE SERIAL NUMBER OF THE HOME WITHIN THREE FEET OF ITS PRINCIPAL DOOR.

Referred to Committee on Labor, Commerce and Industry.

H. 4642 -- Reps. Hodges and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-590 SO AS TO PROVIDE THAT TELECOMMUNICATIONS SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS MUST BE DEEMED COMPETITIVE SERVICES AFTER JULY 1, 1994, REQUIRE THE PUBLIC SERVICE COMMISSION TO CONDUCT HEARINGS, MAKE FINDINGS, AND ESTABLISH BENCHMARKS AS TO THE COMPETITION WHICH EXISTS AMONG THE INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4643 -- Reps. Kirsh, Waldrop, J. Brown, G. Bailey and Boan: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER;


Printed Page 1324 . . . . . Tuesday, February 1, 1994

AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.

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

H. 4644 -- Rep. Corning: A BILL TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, BY ADDING ARTICLE 5 SO AS TO PROVIDE A PROCEDURE REQUIRING ANY PERSON ENTERING INTO A FORMAL CONTRACT WITH THE STATE OR ANY COUNTY, CITY, OR OTHER POLITICAL SUBDIVISION OR OTHER PUBLIC AUTHORITY FOR THE CONSTRUCTION OF A PUBLIC BUILDING, FOR THE PROSECUTION AND COMPLETION OF A PUBLIC WORK, OR FOR REPAIRS UPON A PUBLIC BUILDING OR PUBLIC WORK TO, PRIOR TO COMMENCING THE WORK, EXECUTE, DELIVER TO THE PUBLIC OWNER, AND RECORD IN THE PUBLIC RECORDS OF THE COUNTY WHERE THE IMPROVEMENT IS LOCATED A PAYMENT AND PERFORMANCE BOND WITH A SURETY INSURER AUTHORIZED TO DO BUSINESS IN THIS STATE AS SURETY.

Referred to Committee on Judiciary.

H. 4645 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-70 SO AS TO PROHIBIT HUNTING GAME WITHIN ONE HUNDRED YARDS OF A RESIDENCE OR BUSINESS WITHOUT PERMISSION, PROVIDE PENALTIES AND EXCEPTIONS, AND DEFINE TERMS; TO REPEAL SECTION 50-11-355 RELATING TO HUNTING DEER NEAR RESIDENCES.

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

H. 4646 -- Rep. Davenport: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ONE PERSONAL MOTOR VEHICLE OWNED BY THE PARENT OR LEGAL GUARDIAN OF A HANDICAPPED CHILD IN THE TRANSPORTATION OF THE CHILD AND TO PROVIDE DEFINITIONS.

Referred to Committee on Ways and Means.


Printed Page 1325 . . . . . Tuesday, February 1, 1994

H. 4647 -- Rep. Keyserling: A JOINT RESOLUTION TO PROVIDE A THIRTY-DAY PERIOD FOR TAXPAYERS AFFECTED BY THE SETTLEMENT OF BASS VS. THE STATE OF SOUTH CAROLINA AND PERRI VS. THE STATE OF SOUTH CAROLINA TO FILE WITH THE DEPARTMENT OF REVENUE AND TAXATION IN ORDER TO RECEIVE AN INCOME TAX REFUND UNDER THE SAME TERMS AND CONDITIONS AS THOSE TAXPAYERS WHO ARE PARTIES OR WHO ARE MEMBERS OF THE CLASS REPRESENTED IN THESE LAWSUITS.

Referred to Committee on Ways and Means.

H. 4648 -- Reps. Cromer, J. Bailey, Corning, Gamble, Harrell, Harvin, Huff, Kirsh, Marchbanks, Meacham, Robinson, Rudnick, Simrill, R. Smith, Stone, Stuart, Waites, D. Wilder and A. Young: A BILL TO AMEND SECTION 55-5-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES AND POWERS OF THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE DIVISION HAS AUTHORITY OVER ALL PASSENGER AIRCRAFT OWNED BY THE STATE OR ITS DEPARTMENTS AND AGENCIES; TO PROVIDE THAT THE DIVISION STUDY TO EXAMINE FEASIBILITY AND COST SAVINGS OF PROVIDING SHUTTLE FLIGHTS IN STATE AIRCRAFT TO FREQUENTLY TRAVELED DESTINATIONS AND REPORT TO THE GENERAL ASSEMBLY BY JANUARY 1, 1995; AND TO REQUIRE THE DIVISION TO SELL THREE STATE AIRCRAFT.

Referred to Committee on Ways and Means.

H. 4649 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-95 SO AS TO PROVIDE THAT BEGINNING WITH THE 1994-95 SCHOOL YEAR, APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATION SKILLS ARE CONSIDERED EQUIVALENT TO THOSE COURSES WHICH MEET PRECOLLEGE CURRICULUM REQUIREMENTS IN ORDER FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS TO RECEIVE ADVANCE STANDING OR CREDIT AT SUCH INSTITUTIONS.

Referred to Committee on Education and Public Works.


Printed Page 1326 . . . . . Tuesday, February 1, 1994

H. 4650 -- Rep. Rudnick: A BILL TO REQUIRE ALIENS AND AGENTS AND SERVANTS OF ALIENS WHO OWN REAL PROPERTY FOR THE BENEFIT OF ALIENS TO FILE A REPORT OF REAL PROPERTY OWNERSHIP WITH THE SECRETARY OF STATE AND TO PROVIDE FOR A PENALTY.

Referred to Committee on Judiciary.

H. 4651 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-60 SO AS TO PROVIDE THAT ALL ITEMS FOR SALE IN A GROCERY STORE OR SUPERMARKET MUST HAVE A PRICE TAG AFFIXED WHICH IS IN ARABIC NUMBERS AND VISIBLE TO THE PURCHASER.

Referred to Committee on Labor, Commerce and Industry.

H. 4652 -- Rep. Rudnick: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTIONS 1, 3, 8, AND 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, AND OTHER COURTS OF UNIFORM JURISDICTION, SO AS TO PROVIDE THAT THE JUDGES OR JUSTICES OF THESE COURTS MUST BE ELECTED BY THE QUALIFIED VOTERS OF THIS STATE IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

Referred to Committee on Judiciary.

H. 4653 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

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

H. 4654 -- Rep. Kirsh: A BILL TO REPEAL CHAPTER 29 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SUBVERSIVE ACTIVITIES REGISTRATION ACT".

Referred to Committee on Judiciary.

H. 4655 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE


Printed Page 1327 . . . . . Tuesday, February 1, 1994

INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF RETIREMENT BENEFITS FROM A PUBLIC EMPLOYEE PENSION PLAN IN A STATE WHICH IMPOSES NO STATE INDIVIDUAL INCOME TAX.

Referred to Committee on Ways and Means.

H. 4656 -- Reps. T.C. Alexander, Allison, Barber, Baxley, H. Brown, Chamblee, Davenport, Fulmer, Gonzales, Hallman, J. Harris, Harwell, Hutson, Jennings, Keyserling, Kinon, Lanford, McAbee, McKay, Rudnick, Scott, D. Smith, Stoddard, Wells, Whipper, Wright, A. Young, Stuart and Wofford: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.

Referred to Committee on Labor, Commerce and Industry.

CONCURRENT RESOLUTION

The following was introduced:

H. 4657 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MS. FRANCES LORRAINE PARIS OF NEWBERRY FOR FORTY-FOUR YEARS OF DEDICATED SERVICE TO THE NEWBERRY PUBLIC SCHOOL SYSTEM AS DIRECTOR OF INSTRUMENTAL MUSIC.

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

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, J.       Baker
Barber           Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Byrd             Carnell
Cato             Chamblee         Clyborne

Printed Page 1328 . . . . . Tuesday, February 1, 1994

Cobb-Hunter      Cooper           Corning
Cromer           Davenport        Delleney
Fair             Farr             Fulmer
Gamble           Graham           Hallman
Harrell          Harrelson        Harris, J.
Harris, P.       Harrison         Haskins
Hines            Hodges           Holt
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
Martin           Mattos           McAbee
McCraw           McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rudnick
Scott            Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stoddard         Stone
Stuart           Thomas           Townsend
Trotter          Tucker           Vaughn
Waites           Waldrop          Walker
Wells            Whipper          White
Wilder, D.       Wilder, J.       Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, R.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, February 1. Timothy F. Rogers George H. Bailey Harry R. Askins B. Hicks Harwell John G. Felder E.B. McLeod, Jr. Donald W. "Don" Beatty Stephen E. Gonzales Ralph W. Canty Larry L. Elliott William S. Houck, Jr. C. Lenoir Sturkie Jerry N. Govan, Jr. Thomas E. Huff

Printed Page 1329 . . . . . Tuesday, February 1, 1994

C. Alex Harvin, III      Joseph T. McElveen, Jr.
Douglas Jennings, Jr.    Timothy C. Wilkes

Total Present--124

LEAVE OF ABSENCE

The SPEAKER granted Rep. COBB-HUNTER a leave of absence for the remainder of the day.

STATEMENT OF ATTENDANCE

Rep. STURKIE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 26.

H. 4226--DEBATE ADJOURNED

Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, February 8, which was adopted.

H. 4226 -- Rep. Farr: A BILL TO ESTABLISH A GOVERNING BODY FOR THE BUFFALO FIRE DISTRICT IN UNION COUNTY AND PROVIDE A PROCEDURE FOR THEIR ELECTION.

ORDERED TO THIRD READING

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

H. 4600 -- Reps. Littlejohn, Walker, Allison, Davenport, D. Smith, Vaughn, Beatty, Lanford and D. Wilder: A BILL TO PROVIDE THAT THE ACTIONS TAKEN BY THE SPARTANBURG COUNTY BOARD OF EDUCATION IN REGARD TO ITS POWER AND DUTY OF CONSOLIDATING AND FIXING THE BOUNDARIES OF THE SEVERAL SCHOOL DISTRICTS WITHIN SPARTANBURG COUNTY AS PROVIDED BY LAW SHALL BE TAKEN WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF ANY AFFECTED SCHOOL DISTRICT.

H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.


| Printed Page 1310, Jan. 27 | Printed Page 1330, Feb. 1 |

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