South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

THURSDAY, FEBRUARY 17, 1994

Thursday, February 17, 1994
(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:

Lord, keep our trust strong and steadfast in You, never becoming overly anxious about tomorrow for we have been taught that "worry is interest paid before it is due." Keep us busy with things that matter most: that success is measured not by what we accumulate, but by the goals we set for ourselves; not by how much we have gained, but by how much we have given; not by how far we have traveled, but by what route we have taken. Make of our lives windows through which shines the precepts of Your teachings and mirrors to reflect our gratitude for Your blessings.

Hear us as we pray in praise and thanksgiving. 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. G. BROWN moved that when the House adjourns, it adjourn in memory of Nancy Woodham, which was agreed to.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1684
Promulgated By Board of Accountancy
CPA Candidate Experience, Reciprocity with other Jurisdictions
Received by Speaker January 3, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 11, 1994
Senate Labor, Commerce and Industry Committee Request Withdrawal February 16, 1994
Withdrawn and Resubmitted February 16, 1994

REPORTS OF STANDING COMMITTEE

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Council of Chambers of York County for York County Day reception, March 1, 1994, 6:00 P.M. - 8:00 P.M. at the Marriott.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Chapter of the National Association of Social Workers for a reception, March 2, 1994, 6:00 P.M. - 9:00 P.M. at the Marriott.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Association of Realtors for a Midday Reception, March 9, 1994, upon receding for lunch, at the Marriott.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The National Association of Credit Managers for a reception, March 9, 1994, 6:00 P.M. - 8:00 P.M. at Ramada Townhouse.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. AFL-CIO for a reception, March 15, 1994, 6:00 P.M. - 8:00 P.M. at the Ramada Townhouse.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The S.C. School for the Deaf and the Blind for a luncheon, March 16, 1994, upon adjournment - 2:00 P.M. in Room 208 Blatt Building.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The S.C. Optometric Association for a reception, March 16, 1994, 6:30 P.M. - 11:00 P.M. at Embassy Suites.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The S.C. Women's Consortium for a luncheon, March 22, 1994, 12:30 P.M. - 2:00 P.M. at the Marriott.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. State Museum Foundation for a reception, March 22, 1994, 6:00 P.M. - 8:00 P.M. at the State Museum.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Southern Bell for a celebration, March 23, 1994, 1:00 P.M. in the lobby of the State House.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The Manufactured Housing Institute of South Carolina for a reception, March 23, 1994, 6:00 P.M. - 8:00 P.M. at McNair Mall behind the Wade Hampton Building.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The Society of the Plastics Industry, Inc., for a reception, March 29, 1994, 6:00 P.M. - 8:00 P.M., at Stadium Place, 1210 Bluff Road.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Prayer Fellowship for breakfast, March 30, 1994, 7:45 A.M. at Embassy Suites.

The invitation was accepted.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Recreation and Parks Association for a reception, March 30, 1994, 6:00 P.M. - 7:30 P.M. at the Marriott.

The invitation was accepted.

REPORTS OF STANDING COMMITTEES

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1167 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF INTERSTATE HIGHWAY 26 BEGINNING AT MT. PLEASANT STREET AND ENDING AT THE TERMINAL INTERCHANGE AT U.S. ROUTE 17 FOR MARJORIE AMOS-FRAZIER.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1168 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME HIGHWAY 61 IN CHARLESTON RUNNING FROM MAGOOD ROAD TO BEES FERRY ROAD AS THE GLENN F. MCCONNELL EXPRESSWAY.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1169 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 61 CONNECTOR FROM THE JAMES ISLAND EXPRESSWAY TO SOUTH CAROLINA ROUTE 61 IN CHARLESTON COUNTY AS THE HERBERT U. FIELDING CONNECTOR.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1170 -- Senators Passailaigue, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT SECTION OF THE MARK CLARK EXPRESSWAY WHICH CROSSES OVER THE WANDO RIVER AS THE JAMES B. EDWARDS BRIDGE.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4616 -- Reps. Hodges and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.

Ordered for consideration tomorrow.

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE BY ENDORSEMENT; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REPEAL SECTION 40-51-150, RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 4760 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF PHYSICAL THERAPISTS AND PHYSICAL THERAPISTS' ASSISTANTS IN SOUTH CAROLINA IN REGARD TO THE REHABILITATIVE CARE OF OUR CITIZENS AND TO DECLARE WEDNESDAY, FEBRUARY 23, 1994, AS "PHYSICAL THERAPY DAY" IN SOUTH CAROLINA.

Whereas, there are over twelve hundred physical therapists and physical therapists' assistants licensed and working in South Carolina; and

Whereas, physical therapists and physical therapists' assistants are an integral part of the system of rehabilitative care; and

Whereas, the practice of physical therapy has been officially recognized as a profession for over forty years; and

Whereas, physical therapists and physical therapists' assistants are educated to the highest quality of training and uphold high ethical standards; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize in a fitting manner the contributions of South Carolina's physical therapists and physical therapists' assistants. Now, therefore,

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

That the members of the General Assembly hereby recognize the contributions of physical therapists and physical therapists' assistants in South Carolina in regard to the rehabilitative care of our citizens and declare Wednesday, February 23, 1994, as "Physical Therapy Day" in South Carolina.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4761 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING BETTY A. HENDERSON OF ORANGEBURG COUNTY UPON HER RETIREMENT AS ORANGEBURG COUNTY TAX ASSESSOR AND WISHING HER GOOD HEALTH AND MUCH HAPPINESS IN HER RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4762 -- Reps. Gonzales, Stone, G. Brown, Simrill, Littlejohn, Corning, Shissias, Harrison, Fulmer, Harrell, Harrelson, Holt, Canty, J. Bailey, Waites, Stuart, Quinn, Whipper, Law, Keegan, Wright, Gamble, Klauber, R. Smith, D. Smith, A. Young, Cato and Meacham: A CONCURRENT RESOLUTION TO DECLARE THE INTENT OF THE GENERAL ASSEMBLY THAT ALL STATE AGENCIES AND DEPARTMENTS SHALL PROVIDE COPIES OF DOCUMENTS OR RECORDS REQUESTED BY A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THIS STATE, OR ANY AGENCY OR DEPARTMENT THEREOF, PROMPTLY AND WITHOUT CHARGE IF THE REQUESTING ENTITY CERTIFIES THAT THE COPIES ARE NEEDED FOR NATURAL DISASTER RELIEF PURPOSES TO INCLUDE DOCUMENTATION TO A FEDERAL RELIEF AGENCY OF EXPENSES INCURRED OR ACTIONS TAKEN.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

S. 1195 -- Senators Hayes, Peeler, Short and Gregory: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 1, 1994, "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to over 136,000 people; and

Whereas, the tax base of York County has increased during the past year over 13 million dollars, as a result of positive growth, new homes, new businesses, developed property, improved residential and commercial properties; and

Whereas, gross retail sales in York County have nearly doubled since 1986, and increased over sixteen percent during the past year to an estimated 2 billion dollars; and

Whereas, a total of eleven new companies, some nationally known, announced plans to locate in York County in 1994, providing a total investment of 52.1 million dollars and a total of eight hundred jobs; and

Whereas, nine existing York County industries expanded in 1993 for a total investment of 69.1 million dollars and five hundred ten new jobs; and

Whereas, the total number of hotel rooms available for travel and tourism in York County increased twelve percent over the past two years, and accommodations tax collections have increased forty-eight percent also during the past two years. Now, therefore,

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

That the members of the General Assembly, by this resolution, recognize York County for its many accomplishments by declaring March 1, 1994, "York County Day".

Be it further resolved that a copy of this resolution be forwarded to each of the six chambers in York County.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 4763 -- Rep. Kirsh: A BILL TO AMEND SECTION 40-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS OF CHAPTER 33, TITLE 40, THE NURSE PRACTICE ACT, SO AS TO PROVIDE THAT THE CHAPTER MAY NOT PROHIBIT THE PRACTICE OF NURSING BY GRADUATES OF NURSING SCHOOLS AWAITING LICENSING EXAMINATION RESULTS, AND TO AMEND SECTION 40-33-920, AS AMENDED, RELATING TO LICENSING REEXAMINATION, SO AS TO REVISE THE REQUIREMENTS FOR REEXAMINATION.

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

H. 4764 -- Reps. J. Wilder and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-49-310, 12-49-315, 12-49-320, 12-49-325, 12-49-330, AND 31-17-410 SO AS TO REQUIRE A PERSON APPLYING FOR A TITLE ON A MOBILE OR MANUFACTURED HOME TO FURNISH A COPY OF THE APPLICATION TO THE AUDITOR OF THE COUNTY WHERE THE MOBILE HOME IS TO BE LOCATED AND PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE FOR NOTICE TO LIENHOLDERS OF A LEVY AND SALE OF MOBILE OR MANUFACTURED HOMES FOR DELINQUENT TAXES ONLY WHEN THE LIENHOLDER HAS PROVIDED THE TITLE APPLICATION TO THE COUNTY AUDITOR, TO PROVIDE THE FORM FOR THE NOTICE TO LIENHOLDERS, TO PROVIDE THAT SECURITY INTERESTS NOTED ON THE TITLE ARE NOT AFFECTED BY A TAX SALE WITHOUT THE APPROPRIATE NOTICE, TO REQUIRE THE DELINQUENT TAX COLLECTOR TO KEEP A COPY OF EACH LIENHOLDER NOTICE, AND TO PROVIDE FOR THE APPROPRIATE NOTICE TO LIENHOLDER PROVISIONS FOR LIENS CREATED BEFORE JANUARY 1, 1995; TO AMEND SECTION 12-49-210, RELATING TO DEFINITIONS, SO AS TO DEFINE "MOBILE OR MANUFACTURED HOME" AND "DELINQUENT TAX COLLECTION"; TO AMEND SECTION 12-49-271, AS AMENDED, RELATING TO NOTICE OF LIENHOLDERS, SO AS TO CONFORM DEFINITIONS AND REVISE OBSOLETE REFERENCES; TO AMEND SECTION 12-49-290, AS AMENDED, RELATING TO RIGHTS OF LIENHOLDERS, SO AS TO LIMIT THE APPLICATION OF ITS PROVISION TO LIENS CREATED BEFORE JUNE 1, 1995; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO CLASSIFICATION AND ASSESSMENT OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE A MINIMUM ONE HUNDRED DOLLAR ASSESSED VALUE FOR FOUR PERCENT RESIDENTIAL PROPERTY; TO AMEND SECTION 12-51-95, AS AMENDED, RELATING TO THE REDEMPTION OF MOBILE AND MANUFACTURED HOMES SOLD FOR DELINQUENT TAXES, SO AS TO CONFORM DEFINITIONS; TO AMEND SECTION 12-51-96, RELATING TO REDEMPTIONS OF MOBILE OR MANUFACTURED HOMES, SO AS TO CONFORM DEFINITIONS, PROVIDE FOR REDEMPTION BY A LIENHOLDER, AND PROVIDE A FIXED RENT PAYMENT WHICH MUST BE PAID TO THE TAX SALE PURCHASER; AND TO AMEND SECTION 56-19-240, RELATING TO TITLING OF VEHICLES, SO AS TO REQUIRE AN APPLICATION TO A MOBILE OR MANUFACTURED HOME TO INCLUDE THE ADDRESS OF THE SITE WHERE THE HOME IS TO BE LOCATED IF DIFFERENT FROM THE OWNER'S ADDRESS.

Referred to Committee on Ways and Means.

H. 4765 -- Reps. Richardson, Meacham, A. Young, Kelley, Barber, J. Bailey, Corning, Simrill, Keegan, R. Young, Keyserling, Harrell, Witherspoon, Cato, Riser and Gonzales: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ELIMINATE THE RETIREMENT INCOME EXCLUSION ELECTION AND PROVIDE FOR THE DEDUCTION OF ALL RETIREMENT INCOME BEGINNING FOR THE TAXABLE YEAR THE TAXPAYER ATTAINS AGE SIXTY-FIVE.

Referred to Committee on Ways and Means.

H. 4766 -- Reps. Chamblee, Cooper, P. Harris, Trotter, Stille, Townsend, Tucker, McAbee, Cato and Graham: A BILL TO REPEAL PARAGRAPH 31.26 OF PART I OF ACT 164 OF 1993, RELATING TO FEES THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY CHARGE PUBLIC DRINKING WATER SYSTEMS IN CARRYING OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE FEDERAL SAFE DRINKING WATER ACT.

Referred to Committee on Ways and Means.

H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: A BILL TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN.

Referred to Committee on Judiciary.

H. 4768 -- Reps. Robinson, Vaughn, A. Young, Huff, Wilkins, D. Smith, Gamble, Allison, Marchbanks, Trotter, Davenport, Chamblee, Jaskwhich, Law, McLeod, Haskins, Lanford, Harrelson, Meacham, Graham, Corning and Baker: A BILL TO AMEND SECTION 1-23-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS SO AS TO PROVIDE THAT INTRODUCTION BY FIVE OR MORE MEMBERS OF A JOINT RESOLUTION DISAPPROVING REGULATIONS TOLLS THE ONE-HUNDRED-TWENTY-DAY AUTOMATIC APPROVAL OF REGULATIONS.

Referred to Committee on Judiciary.

H. 4769 -- Reps. Robinson, Allison, A. Young, Beatty, Wilkins, D. Smith, Trotter, Gamble, Jaskwhich, Marchbanks, Mattos, Phillips, R. Smith, Davenport, G. Bailey, Haskins, Huff, McLeod, Chamblee, Lanford, Stuart, Vaughn, Meacham, Harrelson, Thomas, Graham, Baker, Corning and Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-128 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY BY JOINT RESOLUTION MAY REPEAL REGULATIONS.

Referred to Committee on Judiciary.

H. 4770 -- Reps. Gonzales, A. Young, Canty, Littlejohn, Corning, Simrill, Holt, R. Smith, Harrelson, Whipper, J. Bailey, Waites, Stuart, Cato, Quinn, Harrison, Law, Wright, Gamble, Fulmer, Harrell, Klauber, Meacham and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-95 SO AS TO PROVIDE THAT ALL STATE AGENCIES AND DEPARTMENTS SHALL PROVIDE COPIES OF DOCUMENTS OR RECORDS REQUESTED BY A COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION OF THIS STATE, OR ANY AGENCY OR DEPARTMENT THEREOF, PROMPTLY AND WITHOUT CHARGE IF THE REQUESTING ENTITY CERTIFIES THAT THE COPIES ARE NEEDED FOR NATURAL DISASTER RELIEF PURPOSES TO INCLUDE DOCUMENTATION TO A FEDERAL RELIEF AGENCY OF EXPENSES INCURRED OR ACTIONS TAKEN.

Referred to Committee on Ways and Means.

H. 4771 -- Reps. Quinn, Waites, Cromer, Allison, Cobb-Hunter, Whipper, J. Bailey, Shissias, Harrison, Rhoad, Keyserling, Stone, Sturkie, Wright, Beatty, Farr, Richardson, Phillips, Delleney, Thomas, Spearman, Anderson, Huff, Waldrop, Chamblee, Robinson, Elliott, M.O. Alexander, D. Wilder, Davenport, Moody-Lawrence and Rudnick: 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 EXEMPT FROM SALES TAX FOOD STUFFS FOR THE HOMELESS OR NEEDY THAT ARE SOLD TO NONPROFIT ORGANIZATIONS OR SUBSEQUENTLY SOLD OR DONATED BY ONE NONPROFIT ORGANIZATION TO ANOTHER NONPROFIT ORGANIZATION.

Referred to Committee on Ways and Means.

H. 4772 -- Reps. Hines, G. Brown, Snow, Neilson, Inabinett, Anderson, McMahand and Baxley: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.

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

H. 4773 -- Reps. Sharpe, Koon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTION 48-20-220, RELATING TO RESTRAINING ORDERS, INJUNCTIONS, AND CIVIL PENALTIES PERTAINING TO VIOLATIONS BY EXPLORERS AND MINERS, SO AS TO AUTHORIZE CEASE AND DESIST ORDERS AND CIVIL PENALTIES FOR NOT COMPLYING WITH THE REQUIREMENTS OF A GENERAL PERMIT.

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

H. 4774 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

On motion of Rep. LITTLEJOHN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

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

H. 4776 -- Reps. Wilkins, Graham, Harwell, Baker, Robinson, Allison, Jaskwhich, Wells, Keegan, Kelley, Rogers, Clyborne, Marchbanks and Haskins: A BILL TO AMEND SECTIONS 25-1-320 AND 25-1-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ADJUTANT GENERAL, SO AS TO PROVIDE THAT BEGINNING IN 1999 THE ADJUTANT GENERAL MUST BE APPOINTED BY THE GOVERNOR FOR A TERM OF FOUR YEARS COTERMINOUS WITH THAT OF THE GOVERNOR, TO ESTABLISH CERTAIN QUALIFICATIONS FOR THE OFFICE OF ADJUTANT GENERAL, AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE EFFECTIVE UPON THE RATIFICATION OF AN AMENDMENT TO SECTION 7, ARTICLE VI AND SECTION 4, ARTICLE XIII OF THE CONSTITUTION OF THIS STATE DELETING THE REQUIREMENT THAT THE STATE ADJUTANT GENERAL BE ELECTED BY THE QUALIFIED ELECTORS OF THIS STATE.

Referred to Committee on Judiciary.

H. 4777 -- Reps. Wilkins, Graham, Baker, Harwell, Robinson, Jaskwhich, Keegan, Wells, Kelley, Clyborne, Marchbanks, Allison, Haskins and Rogers: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE ADJUTANT GENERAL FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, HE MUST BE APPOINTED BY THE GOVERNOR FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR WITH THOSE QUALIFICATIONS AND UNDER THOSE PROCEDURES THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW, AND PROPOSING AN AMENDMENT TO SECTION 4 OF ARTICLE XIII, RELATING TO THE ADJUTANT GENERAL AND HIS STAFF OFFICERS, SO AS TO UPDATE REFERENCES TO HIS MILITARY RANK, AND TO PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE ADJUTANT GENERAL SERVING IN OFFICE ON THE DATE OF THE 1998 GENERAL ELECTION, HE SHALL BE APPOINTED BY THE GOVERNOR IN THE MANNER PROVIDED IN SECTION 7 OF ARTICLE VI ABOVE.

Referred to Committee on Judiciary.

H. 4778 -- Reps. G. Bailey, J. Wilder, J. Bailey, Richardson, Fulmer, Kennedy, Hallman, Canty, Law, Wofford, H. Brown, Inabinett, Sharpe, Cobb-Hunter, Elliott, Moody-Lawrence, Askins, Worley, Holt, Townsend, McMahand, Davenport, G. Brown, Simrill, A. Young, R. Smith, Littlejohn, Jaskwhich, Stone, Rhoad, Mattos, Stuart, Boan, Govan, Sturkie, Chamblee, McKay, McLeod, Farr, Williams, Hines, Neilson, Hutson, Wells, J. Harris, Allison, Phillips, M.O. Alexander, Walker, Gamble, Marchbanks, Whipper, Houck, Keegan, Witherspoon, Spearman, Klauber, D. Wilder, Neal, Shissias, Baker, McCraw, Vaughn, Breeland, Kirsh, Wilkes, Barber, Haskins, Fair, Stille, Harrell, Lanford, Wright, Graham, D. Smith, White, Meacham, T.C. Alexander, Carnell, Tucker, Waites, Trotter, Kelley, Stoddard, Robinson, P. Harris, Koon, Riser, Cato and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 3, TITLE 15, SO AS TO ENACT THE VOLUNTEER SERVICE PROTECTION ACT, TO PROVIDE IMMUNITY FROM CIVIL LIABILITY BASED UPON A VOLUNTEER'S ACTION IN CONNECTION WITH HIS DUTIES FOR CERTAIN ORGANIZATIONS, AND TO PROVIDE DEFINITIONS.

Referred to Committee on Judiciary.

H. 4779 -- Reps. Harrelson, Cobb-Hunter, Inabinett, McTeer and Rhoad: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR COLLETON COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR COLLETON COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE COLLETON COUNTY ELECTION COMMISSION AND THE COLLETON COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW COLLETON COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

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

H. 4780 -- Rep. Klauber: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE THAT A RESIDENT OF A NURSING HOME OF THIS STATE MAY CONTRACT WITH A PERSON NOT
ASSOCIATED WITH THE NURSING HOME TO PERFORM CERTAIN SERVICES AND TO PROVIDE EXCEPTIONS.

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

Rep. P. HARRIS objected.

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

S. 1116 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

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

S. 1175 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO AS TO REFER TO THE HEAD OF THE DEPARTMENT OF COMMERCE AS THE "SECRETARY OF COMMERCE" INSTEAD OF "DIRECTOR OF THE DEPARTMENT OF COMMERCE", AND PROVIDE THAT THE SECRETARY OF COMMERCE MAY APPOINT A DEPARTMENTAL EXECUTIVE DIRECTOR AND CERTAIN DIRECTORS TO MANAGE THE DIVISIONS OF THE DEPARTMENT; TO AMEND SECTION 13-1-30, RELATING TO DIRECTOR OF THE DEPARTMENT OF COMMERCE, HIS DUTIES AND RESPONSIBILITIES, AND DEPUTY DIRECTORS, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL BE HEADED BY A SECRETARY, TO BE KNOWN AS THE SECRETARY OF COMMERCE, RATHER THAN A DIRECTOR, AUTHORIZE THE SECRETARY TO APPOINT AN EXECUTIVE DIRECTOR TO SERVE AT THE PLEASURE OF THE SECRETARY AND TO BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF PROGRAMS OUTLINED BY THE SECRETARY, AND AUTHORIZE THE SECRETARY TO APPOINT A "DIRECTOR", RATHER THAN A "DEPUTY DIRECTOR", FOR EACH DIVISION OF THE DEPARTMENT, WHO SHALL SERVE AT THE PLEASURE OF THE SECRETARY AND BE RESPONSIBLE TO THE SECRETARY FOR THE OPERATION OF THE PROGRAMS OUTLINED BY HIM; TO AMEND SECTION 13-1-310, RELATING TO THE DIVISION OF STATE DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE THE TERM "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF STATE DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-610, RELATING TO THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", PROVIDE THAT "DIRECTOR" MEANS THE DIRECTOR FOR THE DIVISION OF SAVANNAH VALLEY DEVELOPMENT, AND PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR"; TO AMEND SECTION 13-1-1320, RELATING TO THE DIVISION OF PUBLIC RAILWAYS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE PUBLIC RAILWAYS DIVISION; TO AMEND SECTION 55-1-5, RELATING TO THE DIVISION OF AERONAUTICS OF THE DEPARTMENT OF COMMERCE AND CERTAIN DEFINITIONS, SO AS TO PROVIDE FOR THE DEFINITION OF "SECRETARY" IN LIEU OF "DIRECTOR", DELETE "DEPUTY DIRECTOR", SUBSTITUTE THEREFOR "DIRECTOR", AND PROVIDE THAT "DIRECTOR" MEANS THE PERSON OR PERSONS APPOINTED BY THE SECRETARY TO SUPERVISE AND CARRY OUT THE FUNCTIONS AND DUTIES OF THE DIVISION OF AERONAUTICS; TO PROVIDE THAT UPON THE EFFECTIVE DATE OF THIS ACT THE TITLE "DIRECTOR OF THE DEPARTMENT OF COMMERCE" IS CHANGED FOR ALL PURPOSES UNDER THE LAWS OF THIS STATE TO "SECRETARY OF COMMERCE"; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE THE SECRETARY OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE; TO PROVIDE THAT CERTAIN TERMS MEAN AND INCLUDE A DIRECTOR WITHIN THE DEPARTMENT OF COMMERCE WHENEVER THE CONTEXT CAN BE CONSTRUED TO INCLUDE OR REFER TO ANY PERSON APPOINTED BY THE SECRETARY OF COMMERCE AS THE ADMINISTRATIVE HEAD OF A PARTICULAR DIVISION OF THE DEPARTMENT OF COMMERCE; TO PROVIDE THAT "DIRECTOR OF THE DEPARTMENT OF COMMERCE" WHEREVER USED OR SET FORTH IN THE LAWS OF THIS STATE MEANS THE SECRETARY OF COMMERCE, THAT IS, THE EXECUTIVE AND ADMINISTRATIVE HEAD OF THE DEPARTMENT OF COMMERCE; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN TERMINOLOGY AND NOMENCLATURE SO AS TO COMPLY WITH THE DIRECTIVES AND THE INTENT OF THIS ACT.

Referred to Committee on Judiciary.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, H.              Byrd
Carnell                Cato                   Chamblee
Cobb-Hunter            Cooper                 Corning
Cromer                 Davenport              Delleney
Elliott                Fair                   Farr
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harrelson              Harris, J.             Harris, P.
Haskins                Hines                  Hodges
Holt                   Houck                  Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McKay                  McLeod
McMahand               McTeer                 Meacham
Moody-Lawrence         Phillips               Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Simrill
Smith, D.              Snow                   Spearman
Stille                 Stoddard               Stone
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waites                 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 Thursday, February 17.

Ralph W. Canty                    Timothy C. Wilkes
C. Lenoir Sturkie                 Roland Smith
Joe E. Brown                      Denny W. Neilson
Dave C. Waldrop, Jr.              Joseph H. Neal
Dell Baker                        H. Howell Clyborne, Jr.
Richard M. Quinn, Jr.             June S. Shissias
James H. Harrison                 Thomas E. Huff
John G. Felder                    C. Alex Harvin, III
B. Hicks Harwell                  Joseph T. McElveen, Jr.
Jerry N. Govan, Jr.
Total Present--124

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 15.

Thomas E. Huff

DOCTOR OF THE DAY

Announcement was made that Dr. Bob Cutting from Aiken, is the Doctor of the Day for the General Assembly.

H. 4605--DEBATE ADJOURNED

Rep. WELLS moved to adjourn debate upon the following Bill until Tuesday, March 1, which was adopted.

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.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 4732 -- Reps. Richardson, White, Harrelson and Keyserling: A BILL TO CREATE THE BEAUFORT COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS AND TO ABOLISH THE BEAUFORT COUNTY ELECTION COMMISSION AND BEAUFORT COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

ORDERED TO THIRD READING

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

H. 4752 -- Reps. Kelley, Martin, Witherspoon and Snow: A BILL TO PROVIDE THAT MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO PROVIDE THAT PERSONS MAY BECOME CANDIDATES BY FILING A STATEMENT OF CANDIDACY, AND TO PROVIDE THE METHOD OF DETERMINING RESULTS AND THE DATE THE MEMBER TAKES OFFICE.

H. 4752--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. KELLEY, with unanimous consent, it was ordered that H. 4752 be read the third time tomorrow.

SPEAKER PRO TEMPORE IN CHAIR
H. 4691--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. SHEHEEN having the floor.

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

AMENDMENT NO. 3--TABLED

Debate was resumed on Amendment No. 3, which was proposed on Wednesday, February 16, by Rep. R. YOUNG.

Rep. SHEHEEN continued speaking.

Rep. CROMER spoke against the amendment.

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

Reps. CARNELL, ROGERS, CLYBORNE and BOAN proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5520HC.94), which was adopted.

Amend the bill, as and if amended, by striking item (2), as contained in SECTION 1, page 1, and inserting:

/(2)     $2,716,158 to the Division of General Services, State Budget and Control Board, for the State House renovations project.

(3)     $2,000,000 to the Department of Corrections for personnel and training costs associated with opening new prisons./

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. ROBINSON proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\20378SD.94), which was tabled.

Amend the bill, as and if amended, by striking item (2) of SECTION 1 and inserting:

/(2)     $1,196,462 to the Division of General Services, State Budget and Control Board, for the State House renovations project.

(3)     $2,000,000 to the Department of Corrections.

(4)     $1,519,696 as a loan to the University of South Carolina for the renovation of the Carolina Plaza to be repaid under those terms and conditions as specified by the Budget and Control Board./

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. ROBINSON spoke in favor of the amendment.

Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 50 to 10.

Reps. GONZALES, FULMER, QUINN, HARRISON, D. SMITH and HALLMAN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\20393SD.94).

Amend the bill, as and if amended, by adding the following new section to be appropriately numbered which shall read:

/SECTION     _____     No taxpayer entitled to refund of state income taxes paid as a result of the Davis v. Michigan decision may have his refund reduced for the payment of any attorney fees resulting from the settlement of the cases of Bass v. The State of South Carolina and Perri v. The State of South Carolina. The State of South Carolina shall pay attorneys' fees awarded in those cases in addition to the amount of the settlement./

Renumber sections to conform.

Amend totals and title to conform.

Rep. GONZALES explained the amendment.

Rep. SHEHEEN spoke against the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 6, Rep. SHEHEEN having the floor.

RECURRENCE TO THE MORNING HOUR

Rep. CARNELL moved that the House recur to the morning hour, which was agreed to by a division vote of 67 to 15.

REPORT OF STANDING COMMITTEE

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4361 -- Reps. Stuart, Snow, Vaughn, Quinn, Allison, Waites, Marchbanks and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES AFTER JULY 1, 1994, WHO PREVIOUSLY HAS NOT BEEN ELECTED TO SUCH OFFICE SHALL BE A HIGH SCHOOL GRADUATE OR HOLD A GENERAL EDUCATIONAL DEVELOPMENT TESTS DEGREE (GED), AND TO REQUIRE THESE PERSONS TO ALSO SUCCESSFULLY COMPLETE CERTAIN TRAINING WITHIN ONE YEAR OF TAKING OFFICE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 4781 -- Reps. Kirsh, Simrill, Meacham, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 1, 1994, "YORK COUNTY DAY".

Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to over 136,000 people; and

Whereas, the tax base of York County has increased during the past year over 13 million dollars as a result of positive growth, new homes, new businesses, developed property, improved residential and commercial properties; and

Whereas, gross retail sales in York County have nearly doubled since 1986, and increased over sixteen percent during the past year to an estimated 2 billion dollars; and

Whereas, a total of eleven new companies, some nationally known, announced plans to locate in York County in 1994, providing a total investment of 52.1 million dollars and a total of eight hundred jobs; and

Whereas, nine existing York County industries expanded in 1993 for a total investment of 69.1 million dollars and five hundred ten new jobs; and

Whereas, the total number of hotel rooms available for travel and tourism in York County increased twelve percent over the past two years, and accommodations tax collections have increased forty-eight percent also during the past two years. Now, therefore,

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

That the members of the General Assembly recognize York County for its many accomplishments by declaring March 1, 1994, "York County Day".

Be it further resolved that a copy of this resolution be forwarded to each of the six Chambers of Commerce in York County.

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

INTRODUCTION OF BILL

The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:

H. 4782 -- Reps. Gonzales, R. Young and Holt: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMMEDIATELY ENFORCE ITS ADMINISTRATIVE ORDER REQUIRING THE CAROLINA WATER SERVICE OF CHARLESTON COUNTY TO CONNECT ITS PEPPERHILL SEWAGE SYSTEM INTO THE NORTH CHARLESTON SEWER DISTRICT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4783 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 413 AND SOUTH CAROLINA HIGHWAY 252 IN ANDERSON COUNTY AS "MCCOY'S CROSSROADS" AND TO INSTALL APPROPRIATE MARKERS AND SIGNS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4784 -- Reps. Wright, Harrelson, Wells, Keegan, Phillips, Kelley, Huff, Corning, Robinson, Stone, Worley, Littlejohn, Fair, Chamblee, Gamble, J. Brown, Lanford, Marchbanks, Graham, Cooper, Houck, G. Brown, G. Bailey, Meacham, Simrill, Hutson, Neilson, Farr, Sharpe, Shissias, A. Young, Law, Hallman, Stuart, Byrd, Baxley, Jaskwhich, Allison, Kinon, Haskins, Walker, McCraw, Vaughn and R. Smith: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION PROVIDING THAT ANY FUNDS CUT FROM A FEDERAL PROGRAM BY THE UNITED STATES CONGRESS MUST BE USED TO REDUCE THE FEDERAL DEFICIT AND MUST NOT BE SHIFTED TO ANY OTHER SPENDING PROGRAMS.

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

H. 4691--ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6, Rep. SHEHEEN having the floor.

H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.

AMENDMENT NO. 6--TABLED

Debate was resumed on Amendment No. 6 by Reps. GONZALES, FULMER, et al.

Rep. SHEHEEN continued speaking and moved to table the amendment.

Rep. WOFFORD demanded the yeas and nays, which were taken resulting as follows:

Yeas 58; Nays 51

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Askins                 Bailey, G.             Baxley
Boan                   Breeland               Byrd
Carnell                Cobb-Hunter            Cromer
Delleney               Elliott                Farr
Gamble                 Govan                  Harris, J.
Harris, P.             Hines                  Hodges
Holt                   Houck                  Inabinett
Jaskwhich              Jennings               Kirsh
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Moody-Lawrence
Neilson                Phillips               Rhoad
Richardson             Rogers                 Scott
Sheheen                Smith, R.              Spearman
Stille                 Stoddard               Stuart
Tucker                 Waites                 Whipper
White                  Wilder, D.             Wilder, J.
Wilkins                Williams               Witherspoon
Worley

Total--58

Those who voted in the negative are:

Allison                Bailey, J.             Baker
Barber                 Beatty                 Brown, G.
Brown, H.              Brown, J.              Cato
Chamblee               Clyborne               Cooper
Corning                Davenport              Fair
Gonzales               Graham                 Hallman
Harrell                Harrison               Haskins
Hutson                 Keegan                 Kelley
Keyserling             Klauber                Lanford
Littlejohn             Marchbanks             McLeod
Meacham                Neal                   Quinn
Riser                  Robinson               Rudnick
Sharpe                 Shissias               Simrill
Smith, D.              Stone                  Townsend
Trotter                Vaughn                 Walker
Wells                  Wilkes                 Wofford
Wright                 Young, A.              Young, R.

Total--51

So, the amendment was tabled.

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

H. 4691--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 4691 be read the third time tomorrow.

SPEAKER IN CHAIR
S. 487--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20314SD.94), which was adopted.

Amend the bill, as and if amended, by striking Section 17-5-130 of the 1976 Code, as contained in SECTION 1, and inserting:

/"Section 17-5-130.     (A)     A coroner in this State must have the following qualifications:

(1)     be a citizen of the United States;

(2)     be a resident of the county in which he seeks the office of coroner for at least one year before qualifying for the election to the office;

(3)     be a registered voter;

(4)     attained the age of twenty-one years before the date of qualifying for election to the office;

(5)     obtained a high school diploma or its recognized equivalent; and

(6)     have not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this State, any other state, or the United States.

(B)     Each person serving as a coroner in his first term is required to complete a basic training session to be determined by the South Carolina Law Enforcement Training Council (council). This basic training session must be completed no later than the end of the calendar year following his election as coroner. A person appointed to fill the unexpired term in the office of coroner must complete a basic training session to be determined by the council within one calendar year of the date of appointment. This section shall not be construed to require an individual to repeat the basic training session if he has successfully completed the session prior to his election or appointment as coroner. A coroner who is unable to attend this training session when offered because of an emergency or extenuating circumstances shall, within one year from the date the disability or cause terminates, complete the standard basic training session required of coroners. A coroner who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the coroner completes the training session.

(C)     A person holding the office of coroner or deputy coroner who was elected, appointed, or employed prior to January 1, 1994, and who has served continuously since that time must attend a minimum of sixteen hours training annually as may be selected by the council on or before December 31, 1995. Each year thereafter, all coroners and deputy coroners must complete a minimum of sixteen hours training annually as may be selected by the council. Certification or records of attendance or training shall be maintained as directed by the council.

(D)(1)     The basis for the minimum annual requirement of in-service training is the calendar year. A coroner who satisfactorily completes the basic training session in accordance with the provisions of subsection (B) is excused from the minimum annual training requirements of subsection (C) for the calendar year in which the basic training session is completed.

(2)     The Board of Directors of the South Carolina Coroners Association, in its discretion, may grant a waiver of the requirements of the annual in-service training upon presentation of evidence by a coroner that he was unable to complete the training due to an emergency or extenuating circumstances.

(3)     A coroner who fails to complete the minimum annual in-service training required by this section may be suspended from office, without pay, by the Governor for ninety days. The Governor may continue to suspend a coroner until he completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the coroner's suspension, a qualified person to perform as acting coroner during the suspension.

(E)     The provisions of items (4) and (5) of subsection (A) do not apply to a coroner serving on the effective date of this section.

(F)     The South Carolina Law Enforcement Training Council must appoint a Coroners Training Advisory Committee to assist in the determination of training requirements for coroners and deputy coroners. The committee shall consist of no fewer than five coroners and at least one physician trained in forensic pathology as recommended by the South Carolina Coroners Association. The members of the committee shall serve without compensation.

(G)     Expenses of all training authorized or required by this section must be paid by the county the coroner or deputy coroner serves and the South Carolina Law Enforcement Training Council is authorized to set and collect fees for such training."/

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. HODGES explained the Bill.

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

ORDERED TO THIRD READING

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

H. 3358 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.

Rep. SNOW explained the Bill.

OBJECTION TO MOTION

Rep. G. BAILEY asked unanimous consent that H. 3358 be read a third time tomorrow.

Rep. RUDNICK objected.

H. 4040--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4040 -- Reps. Riser, Snow, Worley, T.C. Alexander, Rhoad, Kelley, Witherspoon and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 47 SO AS TO ESTABLISH THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION BY SETTING FORTH ITS MEMBERSHIP, POWERS, DUTIES, RELATED DEFINITIONS, REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, HEALTH PERMITS, QUARANTINE, INDEMNIFICATION, LAW ENFORCEMENT OFFICERS, CRIMINAL AND CIVIL LIABILITY AND PENALTIES, DISPOSITION OF FINES AND FEES, AND ADVISORY COMMITTEES; TO AMEND THE 1976 CODE BY ADDING SECTION 47-19-35 SO AS TO PROVIDE FOR PERMITS FOR ESTABLISHMENTS WHERE POULTRY IS SLAUGHTERED AND WHERE POULTRY FOOD PRODUCTS ARE PACKED; TO AMEND SECTION 47-6-10, RELATING TO THE REFERENCE FOR THE PSEUDORABIES CONTROL AND ERADICATION ACT, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-6-50, RELATING TO IMPORTATION OF SWINE, SO AS TO DELETE THE REFERENCE TO FEEDING OR BREEDING AS IT APPLIES TO IMPORTED SWINE REQUIRED TO BE ACCOMPANIED BY A HEALTH CERTIFICATE, REVISE RELATED REFERENCES, AND CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 47, RELATING TO REGULATION OF STOCKYARDS AND DEALERS IN LIVESTOCK, SO AS TO DELETE SECTIONS 47-11-40 AND 47-11-50 PERTAINING TO PERMIT INSPECTION, REVOCATION, AND DURATION AND ADD SECTION 47-11-85 PERTAINING TO IDENTIFICATION OF ANIMALS SOLD IN A PUBLIC LIVESTOCK MARKET OR EQUINE SALES FACILITY, PROVIDE FOR THE COMMISSION TO ADMINISTER THE ARTICLE, DELETE UNNECESSARY DEFINITIONS, REVISE PERMIT REQUIREMENTS, CHANGE THE REFERENCES TO STATE VETERINARIAN TO COMMISSION, PROVIDE FOR EQUINE SALE AND POULTRY FACILITIES WITHIN THE ARTICLE, REVISE BOND, LIVESTOCK FACILITY, AND RECORD REQUIREMENTS, CHANGE REFERENCES FROM CERTIFICATE OF HEALTH TO CERTIFICATE OF VETERINARY INSPECTION, DELETE PROVISIONS FOR SWINE INOCULATION AGAINST CHOLERA, PROVIDE FOR ESTABLISHMENT OF SLAUGHTER ASSEMBLY POINTS, AND REVISE PROVISIONS FOR INFECTED AND EXPOSED ANIMALS, FOR ENFORCEMENT, AND FOR PENALTIES; TO AMEND SECTION 47-13-10, RELATING TO THE DUTIES OF CLEMSON UNIVERSITY PERTAINING TO DISEASES AND INFECTIONS, SO AS TO DELETE THE UNIVERSITY'S DUTIES AND PROVIDE FOR THE PROVISIONS ON DISEASES AND INFECTIONS TO BE ADMINISTERED BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION; TO AMEND SECTION 47-13-20, RELATING TO THE POWERS OF THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO THE COMMISSION AND REVISE RELATED DUTIES; TO AMEND SECTION 47-13-30, RELATING TO EXPENSES OF THE STATE VETERINARIAN, SO AS TO DELETE EXPENSE PROVISIONS AND PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 47-13-110, RELATING TO DISEASED BIOLOGICAL PRODUCTS, SO AS TO REVISE THE LIMITATIONS ON THE POSSESSION, SALE, AND DISTRIBUTION OF THE PRODUCTS; TO AMEND SECTION 47-13-130, RELATING TO APPROPRIATION OF FUNDS TO ERADICATE DISEASES IN ANIMALS AND BIRDS, SO AS TO CHANGE REFERENCES FROM BIRDS TO POULTRY AND FROM CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE PROVISION FOR EMPLOYMENT BY THE UNIVERSITY; TO AMEND SECTION 47-13-150, RELATING TO THE QUARANTINE AGAINST IMPORTING CERTAIN PORK, SO AS TO REVISE THE QUARANTINE REQUIREMENTS AND PROVIDE FOR THEM TO APPLY TO THE IMPORTATION OF SLAUGHTERED MEAT OR POULTRY; TO AMEND SECTION 47-13-310, RELATING TO ORDERS TO DISINFECT, SO AS TO CHANGE THE REFERENCE TO STATE VETERINARIAN TO COMMISSION AND REVISE THE REQUIREMENTS FOR NOTICE TO PERSONS WITH INFESTED OR INFECTED LIVESTOCK, REQUIREMENTS FOR ACTION BASED ON THE NOTICE, AND PENALTIES; TO AMEND SECTION 47-13-340, RELATING TO THE VENUE OF PROSECUTIONS FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE TICK FEVER, SO AS TO PROVIDE FOR THE VENUE REQUIREMENTS TO APPLY TO ANIMALS, LIVESTOCK, OR POULTRY INFESTED OR INFECTED WITH OR EXPOSED TO A CARRIER OF AN INFECTIOUS, A CONTAGIOUS, OR A COMMUNICABLE DISEASE; TO AMEND SECTION 47-13-390, RELATING TO THE METHOD OF APPRAISAL OF ANIMALS TO BE KILLED, SO AS TO CHANGE THE REFERENCE TO THE CHAIRMAN OF THE VETERINARY COMMITTEE OF THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-420, RELATING TO EXPENSES OF ANIMAL APPRAISAL, SO AS TO CHANGE THE REFERENCES TO STATE VETERINARIAN AND CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE AUTHORIZED EXPENSES; TO AMEND SECTION 47-13-680, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH BRUCELLOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-690, RELATING TO INDEMNITY FOR INFECTED CATTLE, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY TO THE COMMISSION; TO AMEND SECTION 47-13-880, RELATING TO VIOLATIONS PERTAINING TO ANIMALS WITH TUBERCULOSIS AND PARATUBERCULOSIS, SO AS TO CHANGE THE REFERENCE TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY TO THE COMMISSION AND REVISE PENALTIES; TO AMEND SECTION 47-13-1220, RELATING TO THE POWERS AND DUTIES OF CLEMSON UNIVERSITY AND THE STATE VETERINARIAN, SO AS TO CHANGE THE REFERENCES FROM THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY AND STATE VETERINARIAN TO THE COMMISSION AND DELETE THE REFERENCE TO THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1230, RELATING TO POULTRY PULLORUM AND TYPHOID REGULATIONS, SO AS TO PROVIDE FOR THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION TO PROMULGATE THE REGULATIONS INSTEAD OF CLEMSON UNIVERSITY AND DELETE PROVISIONS FOR THE POULTRY TECHNICAL COMMITTEE; TO AMEND SECTION 47-13-1240, RELATING TO VIOLATIONS PERTAINING TO POULTRY PULLORUM AND TYPHOID, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-15-70, RELATING TO THE ADMINISTRATION AND ENFORCEMENT OF THE CHAPTER PERTAINING TO FEEDING GARBAGE TO SWINE, SO AS TO PROVIDE FOR ADMINISTRATION AND ENFORCEMENT BY THE COMMISSION INSTEAD OF CLEMSON UNIVERSITY, DELETE THE PROVISION FOR REGULATIONS, AND INCLUDE THE CHAPTER PERTAINING TO THE COMMISSION IN THE ADMINISTRATION AND ENFORCEMENT; TO AMEND SECTION 47-15-80, RELATING TO VIOLATIONS PERTAINING TO THE CHAPTER ON SWINE, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-20, RELATING TO DEFINITIONS PERTAINING TO THE MEAT AND MEAT FOOD REGULATIONS AND INSPECTION LAW, SO AS TO REVISE THE DEFINITION OF DIRECTOR AND PROVIDE FOR THE LAW TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-17-100, RELATING TO CERTAIN VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS, SO AS TO REVISE PENALTIES; TO AMEND SECTION 47-17-120, RELATING TO LICENSES FOR ESTABLISHMENTS WHERE ANIMALS ARE SLAUGHTERED OR MEAT IS PACKED, SO AS TO CHANGE THE REFERENCE TO LICENSE TO PERMIT, INCLUDE EQUINE WITHIN THE PERMITTING PROVISIONS, REVISE THE PERMIT FEE AND OTHER REQUIREMENTS, AND DELETE THE AUTHORIZATION FOR CERTAIN REGULATIONS; TO AMEND SECTION 47-19-10, RELATING TO THE CITE TO THE SOUTH CAROLINA POULTRY PRODUCTS INSPECTION ACT OF 1969, SO AS TO PROVIDE FOR THE ACT TO BE ADMINISTERED BY THE COMMISSION; TO AMEND SECTION 47-19-20, RELATING TO DEFINITIONS PERTAINING TO THE 1969 ACT, SO AS TO DELETE THE DEFINITION FOR THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, DEFINE COMMISSION, AND CHANGE THE REFERENCE TO CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DEPARTMENT TO COMMISSION; TO AMEND SECTION 47-19-30, RELATING TO THE STATE AGENCY TO COOPERATE WITH THE SECRETARY OF AGRICULTURE UNDER THE FEDERAL POULTRY PRODUCTS INSPECTION ACT, SO AS TO CHANGE THE REFERENCE TO CLEMSON UNIVERSITY AND ITS LIVESTOCK-POULTRY HEALTH DEPARTMENT AND DIRECTOR TO THE COMMISSION AND CLARIFY THE REFERENCE TO DIRECTOR; TO REPEAL ARTICLE 5, CHAPTER 9, TITLE 47 RELATING TO IMPORTATION OF LIVESTOCK, SECTIONS 47-13-40 RELATING TO QUARANTINE BY THE STATE VETERINARIAN, 47-13-50 RELATING TO LIVESTOCK DISEASE REGULATIONS, 47-13-90 RELATING TO THE HOG CHOLERA VIRUS, 47-13-100 RELATING TO HOG CHOLERA REPORTS, 47-13-120 RELATING TO OBSTRUCTION OF THE STATE VETERINARIAN IN DISCHARGING HIS DUTIES, 47-13-140 RELATING TO EMBARGOES ON IMPORTING LIVESTOCK OR POULTRY; 47-13-330 RELATING TO PENALTIES FOR FAILURE TO DISINFECT ANIMALS EXPOSED TO THE CATTLE FEVER TICK, AND 47-13-350 RELATING TO TREATMENT OR DESTRUCTION OF DISEASED ANIMALS, ARTICLE 9, CHAPTER 13, TITLE 47 RELATING TO HOG CHOLERA, AND SECTION 47-17-110 RELATING TO NOTICE OF VIOLATIONS PERTAINING TO MEAT AND MEAT FOOD REGULATIONS; AND TO REQUIRE THE CODE COMMISSIONER TO CHANGE CERTAIN REFERENCES.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 10, by the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. RISER explained the amendment.

The amendment was then adopted.

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

H. 4040--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RISER, with unanimous consent, it was ordered that H. 4040 be read the third time tomorrow.

H. 4481--DEBATE ADJOURNED

Rep. SNOW moved to adjourn debate upon the following Bill until Thursday, February 24, which was adopted.

H. 4481 -- Reps. Snow, Inabinett and Riser: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.

H. 4501--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4501 -- Reps. Snow, McMahand, Baker, Farr, McAbee, Carnell, Townsend, Jaskwhich, Allison, Chamblee, D. Smith, Tucker, Stille, Littlejohn, Cooper, Haskins, Cato, Vaughn, Trotter, Anderson, Fair, T.C. Alexander, Wells, Lanford, Davenport, Phillips, McCraw, Mattos and Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-395 SO AS TO PROVIDE FOR THE ISSUANCE OF ANTERLESS DEER PERMITS IN GAME ZONES 1, 2, AND 4.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 10, by the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. SNOW explained the amendment.

The amendment was then adopted.

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

H. 4501--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RUDNICK, with unanimous consent, it was ordered that H. 4501 be read the third time tomorrow.

S. 258--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 258 -- Senator Drummond: A BILL TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE TEMPORARY FEES UNTIL FEES ARE SET BY THE BOARD IN REGULATION; AND TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Thursday, February 10, by the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. RISER explained the amendment.

The amendment was then adopted.

Rep. HARRELSON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10930BDW.94), which was adopted.

Amend the bill, as and if amended, Section 49-69-30, page 2, line 34, by striking /shall/ and inserting /shall may/

Amend title to conform.

Rep. HARRELSON explained the amendment.

The amendment was then adopted.

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

H. 3667--DEBATE ADJOURNED

The following Bill was taken up.

H. 3667 -- Rep. Harrison: A BILL TO AMEND SECTION 11-35-3245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST ARCHITECTS AND ENGINEERS PERFORMING OTHER WORK ON PROJECT CONTRACTS AWARDED UNDER THE CONSOLIDATED PROCUREMENT CODE, SO AS TO PROVIDE THAT CONSTRUCTION MANAGERS PERFORMING CONSTRUCTION MANAGING SERVICES UNDER THESE CONTRACTS ARE ALSO PROHIBITED FROM PERFORMING OTHER WORK, AND TO PROVIDE THAT AN ARCHITECTURAL OR ENGINEERING FIRM, OR A COMBINATION THEREOF, AND A CONSTRUCTION MANAGEMENT FIRM MAY NOT HAVE A VESTED INTEREST IN THE OTHER'S BUSINESS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20328SD.94).

Amend the bill, as and if amended, in Section 11-35-3245 of the 1976 Code as contained in SECTION 1 by striking: /An architectural or engineering firm, or a combination thereof, and a construction management firm may not have any vested interest in the other's business, and this prohibition also applies to their employees./ which begins on line 40 of page 1.

When amended Section 11-35-3245 shall read:

"Section 11-35-3245.     No architect or engineer performing design work, or construction manager performing construction management services as described in Section 11-35-2910(3), pursuant to a contract awarded under any provision of this chapter may perform other work on that project as a contractor or subcontractor either directly or through a business in which the architect, engineer, he or his architectural, or engineering, or construction management firm has greater than a five percent interest. For purposes of this section, safety compliance and other incidental construction support activities performed by the construction manager are not considered work performed as a contractor or subcontractor. Should the construction manager perform or be responsible for safety compliance and other incidental construction support activities, and these support activities are in non-compliance with the provisions of Section 41-15-210, then the construction management firm is subject to all applicable fines and penalties."

Amend title to conform.

Rep. HARRISON explained the amendment and moved to adjourn debate upon the Bill until Tuesday, February 22, which was adopted.

H. 3949--OBJECTIONS

The following Bill was taken up.

H. 3949 -- Reps. Wells, Quinn, Cromer, Walker, Allison, D. Smith, J. Wilder, Haskins, Littlejohn, J. Harris, Hines, Neilson and Lanford: A BILL TO AMEND SECTIONS 31-3-340 AND 31-3-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO A HOUSING AUTHORITY CREATED BY A MUNICIPALITY AND THE ORGANIZATION AND OFFICERS OF THE AUTHORITY, SO AS TO PROVIDE FOR THE APPOINTMENT OF TWO ADDITIONAL COMMISSIONERS FROM AN EXTRATERRITORIAL AREA WHEN THE AUTHORITY EXERCISES JURISDICTION IN THAT AREA AND PROVIDE FOR A QUORUM WHEN THE TWO ADDITIONAL COMMISSIONERS ARE ALLOWED TO VOTE ON MATTERS WHICH AFFECT THE AREA FROM WHICH THEY ARE APPOINTED.

Reps. ANDERSON, JENNINGS, McMAHAND, SIMRILL, HOUCK, ELLIOTT, McKAY, ASKINS, HINES, KENNEDY, GONZALES, WILLIAMS, BREELAND and INABINETT objected to the Bill.

Rep. WILLIAMS moved that the House do now adjourn.

Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:

Yeas 64; Nays 46

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Askins                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Byrd
Carnell                Chamblee               Cobb-Hunter
Davenport              Elliott                Felder
Gamble                 Govan                  Hallman
Harrelson              Harris, J.             Harris, P.
Harvin                 Hines                  Hodges
Holt                   Houck                  Inabinett
Jaskwhich              Jennings               Kennedy
Keyserling             Kinon                  Kirsh
Mattos                 McAbee                 McCraw
McKay                  McLeod                 McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Rogers                 Rudnick
Scott                  Sheheen                Snow
Spearman               Stille                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder, D.             Wilkes
Williams

Total--64

Those who voted in the negative are:

Allison                Bailey, G.             Bailey, J.
Baker                  Cato                   Clyborne
Cooper                 Corning                Cromer
Delleney               Farr                   Gonzales
Graham                 Harrell                Harrison
Haskins                Huff                   Hutson
Keegan                 Kelley                 Klauber
Lanford                Littlejohn             Marchbanks
Martin                 McMahand               Meacham
Quinn                  Richardson             Riser
Robinson               Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Stone                  Stuart                 Trotter
Walker                 Wilder, J.             Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--46

So, the motion to adjourn was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4700 -- Reps. Koon, M.O. Alexander, Riser and Witherspoon: A CONCURRENT RESOLUTION DESIGNATING THE WEEK OF FEBRUARY 19-26, 1994, AS "FFA WEEK" IN THE STATE OF SOUTH CAROLINA.

H. 4745 -- Reps. R. Smith, Sharpe, Rudnick, Jennings, McMahand, Harrison, Cromer, Huff, McElveen, Anderson, Williams, Hutson, Cobb-Hunter, Neal, R. Young, Gonzales, Askins, Scott, J. Brown, Byrd, Baxley, Quinn, G. Brown, Inabinett, Simrill, Snow, Hines, Neilson, McKay, White, Davenport, Beatty, Gamble, Phillips, J. Harris, Govan, Stille, Littlejohn, Whipper, Vaughn, Stuart, Breeland and Meacham: A CONCURRENT RESOLUTION SALUTING JAMES BROWN, "THE GODFATHER OF SOUL", FOR HIS OUTSTANDING CAREER AND HIS SUPREME TALENT OF INSPIRING PEOPLE WITH HIS MUSICAL GIFTS.

H. 4746 -- Reps. Walker, Littlejohn, Allison, Lanford, Wells, Beatty, D. Smith and Davenport: A CONCURRENT RESOLUTION SALUTING THE NATIONAL BETA CLUB, WHICH WAS FOUNDED IN LANDRUM IN SPARTANBURG COUNTY, ON ITS SIXTIETH ANNIVERSARY AND WISHING THE CLUB MANY MORE YEARS OF SUCCESS.

H. 4761 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION CONGRATULATING BETTY A. HENDERSON OF ORANGEBURG COUNTY UPON HER RETIREMENT AS ORANGEBURG COUNTY TAX ASSESSOR AND WISHING HER GOOD HEALTH AND MUCH HAPPINESS IN HER RETIREMENT.

ADJOURNMENT

At 11:28 A.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Nancy Woodham, to meet at 10:00 A.M. tomorrow.

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