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 2100, Feb. 10 | Printed Page 2120, Feb. 15 |

Printed Page 2110 . . . . . Friday, February 11, 1994

H. 4473 -- Reps. Snow, Law and Riser: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE WORK RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO EXPAND THE LIST OF OFFENSES TO WHICH THIS PROHIBITION APPLIES, AND TO PROVIDE THAT THE SOLICITOR AND SPECIFIC LAW ENFORCEMENT OFFICIALS OF A COMMUNITY SHALL RECEIVE NOTICE OF THE WORK RELEASE INTO THE COMMUNITY OF OFFENDERS WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN ANY DEGREE.

H. 4071 -- Rep. Jennings: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE SEASON IN GAME ZONE 5.

H. 4177 -- Reps. Martin and Worley: A BILL TO AMEND SECTION 50-11-335, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO DELETE THE DAILY LIMIT ON ANTLERED DEER IN GAME ZONE 7.

H. 4344 -- Reps. Harwell, Baxley, J. Brown, Cobb-Hunter, Delleney, Gonzales, Harrelson, Harrison, Harvin, Haskins, Jaskwhich, Jennings, Keyserling, Kirsh, Meacham, Neilson, Phillips, Rhoad, Richardson, Snow, Tucker, Waites, Waldrop, D. Wilder, J. Wilder, Wilkes, Corning, Allison, P. Harris, A. Young, Inabinett, Whipper, Rudnick, Stuart and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 51-17-117 SO AS TO PROVIDE FOR DONATIONS OF REAL AND PERSONAL PROPERTY TO THE HERITAGE TRUST PROGRAM AND FOR RELATED POWERS FOR THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES.


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H. 4483 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-1198, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON HERRING FISHING AT ST. STEPHEN POWERHOUSE, SO AS TO REVISE AN INCORRECT REFERENCE AND REVISE THE SEASON TO WHICH THE LIMITATIONS APPLY.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

S. 938 -- Senators Bryan, Washington, Giese and Hayes: A BILL TO AMEND SECTION 44-17-440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CUSTODY AND TRANSPORT OF PERSONS TO MENTAL HEALTH FACILITIES, SO AS TO AUTHORIZE LOCAL LAW ENFORCEMENT AGENCIES AND DIRECTORS OF COMMUNITY MENTAL HEALTH CENTERS TO ARRANGE AN ALTERNATIVE TRANSPORTATION PROGRAM.

S. 435 -- Senators Jackson, Cork, Thomas, Washington, Ford, Matthews and Courtney: A BILL TO AMEND SECTION 44-95-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SMOKING IN PUBLIC INDOOR AREAS EXCEPT WHERE A SMOKING AREA IS DESIGNATED, SO AS TO REMOVE THE EXCEPTION FROM DAY CARE CENTERS WHICH ALLOWED SMOKING IN ENCLOSED PRIVATE OFFICES AND TEACHER LOUNGES.

ADJOURNMENT

At 10:45 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, February 15.

* * *


Printed Page 2112 . . . . . Tuesday, February 15, 1994

Tuesday, February 15, 1994

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Seeing this day as a gift from You, Lord, we pray that we will use it well. We know that we can either waste it, or make profitable use of it. So lead us to use it for gain, not loss; good, and not evil; success, and not failure. Make us to know that tomorrow, today will be yesterday, gone with its opportunities forever. Lead us, then, "into paths of righteousness for Your Name's sake" that we may be a lasting blessing to our fellowbeings, and pleasing and acceptable to You.

Lord, in Your mercy, hear our prayer. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. H. BROWN moved that when the House adjourns, it adjourn in memory of E. Chandler Owens, Jr., which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1727
Promulgated By Budget and Control Board
Consolidated Procurement Code
Received By Speaker February 14, 1994
Referred to House Committee on Ways and Means
120 Day Review Expiration Date January 21, 1995


Printed Page 2113 . . . . . Tuesday, February 15, 1994

REGULATION WITHDRAWN

The following was received.

Document No. 1594
Promulgated By the Board of Occupational Therapy
Organization of the Board, Officers, Consultation, Limited Permits, Application, Reciprocity, Renewal, Restored License, Fees, Ethics and Aides
Received By Speaker September 24, 1993
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 11, 1994
Withdrawn February 9, 1994

REPORTS OF STANDING COMMITTEES

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

H. 3840 -- Reps. Kennedy, Jaskwhich and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-25 SO AS TO PROVIDE THAT A PERSON WHO WAS EMPLOYED AND CERTIFIED AS A TEACHER IN THE PUBLIC SCHOOLS OF THIS STATE AT THE TIME OF HIS RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY RETURN TO COVERED EMPLOYMENT UNDER CERTAIN CONDITIONS WHETHER OR NOT HIS TEACHING CERTIFICATE HAS BEEN RENEWED.

Ordered for consideration tomorrow.

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

H. 4389 -- Reps. J. Wilder, Baxley, Walker, Allison, D. Wilder, Waites, Wilkes, Rudnick, Harvin and Corning: A BILL TO AMEND ACT 38 OF 1993, RELATING TO THE DEPARTMENT OF MENTAL RETARDATION FAMILY SUPPORT SERVICES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS AND TO INCLUDE INDIVIDUALS WITH HEAD INJURIES, SPINAL CORD INJURIES,


Printed Page 2114 . . . . . Tuesday, February 15, 1994

OR SIMILAR DISABILITIES AMONG THOSE FOR WHOM SERVICES ARE TO BE PROVIDED.

Ordered for consideration tomorrow.

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

H. 4373 -- Reps. Cromer and Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-153 SO AS TO PROVIDE THAT IF A PHARMACIST SUBSTITUTES A GENERIC DRUG FOR A PRESCRIPTION DRUG THE GENERIC DRUG MUST BE LISTED FIRST FOLLOWED BY THE PRESCRIPTION DRUG IN PARENTHESES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4729 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO COMMEND MR. CECIL WILLIAMS, INTERNATIONALLY KNOWN PHOTOGRAPHER FOR HIS PHOTO DOCUMENTARY WORK ON THE CIVIL RIGHTS ERA "FOR FREEDOM AND JUSTICE" AND THE SHOWING OF HIS WORKS IN THE SOUTH CAROLINA STATE UNIVERSITY EXHIBIT, "QUIET HEROES: A DOCUMENTATION OF THE CIVIL RIGHTS ERA FROM 1949 THROUGH THE PRESENT."

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1171 -- Senator Matthews: A CONCURRENT RESOLUTION CONGRATULATING BETTY A. HENDERSON OF ORANGEBURG COUNTY UPON HER RETIREMENT AS ORANGEBURG COUNTY TAX ASSESSOR AND WISH HER GOOD HEALTH AND MUCH HAPPINESS IN HER RETIREMENT.

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


Printed Page 2115 . . . . . Tuesday, February 15, 1994

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1176 -- Senator Short: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MISS SONYA BELL OF CHESTER COUNTY FOR THE MANY HONORS AND ACCOLADES SHE HAS RECEIVED AS AN ATHLETE, AS A SCHOLAR AND A PUBLIC SPIRITED CITIZEN OF OUR STATE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1177 -- Senator Short: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. MARION M. THOMAS, DISTINGUISHED MEMBER OF THE CHESTER COUNTY COUNCIL FOR OVER THIRTY YEARS

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

INTRODUCTION OF BILLS

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

H. 4730 -- Rep. J. Bailey: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL BONDSMEN MAINTAINING DEPOSITS WITH CLERKS OF COURT, SO AS TO PROVIDE THAT DEPOSITS IN THE FORM OF PLEDGES OF THE VALUE OF REAL ESTATE IN SOUTH CAROLINA MUST BE BASED UPON THE APPRAISED VALUE RATHER THAN THE ASSESSED VALUE OF THE PROPERTY.

Referred to Committee on Judiciary.

H. 4731 -- Rep. Rogers: A BILL TO AMEND SECTION 44-115-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES THAT A PHYSICIAN MAY CHARGE FOR MAKING COPIES OF MEDICAL RECORDS, SO AS TO INCLUDE HOSPITALS,


Printed Page 2116 . . . . . Tuesday, February 15, 1994

HEALTH CARE FACILITIES, AND OTHER HEALTH CARE PROVIDERS.

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

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.

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

H. 4733 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-280 SO AS TO PROVIDE FOR THE DEPOSIT OF MONIES RECEIVED BY A PROPERTY MANAGER, OR BY A BROKER, AS AGENT FOR HIS PRINCIPAL IN A REAL ESTATE TRANSACTION, AND PROVIDE THAT THE MONIES DEPOSITED IN ACCORDANCE WITH THIS SECTION MUST REMAIN WHERE DEPOSITED UNTIL CONSUMMATION OR TERMINATION OF THE TRANSACTION, WHEN THE BROKER SHALL MAKE A FULL ACCOUNTING TO HIS PRINCIPAL.

Referred to Committee on Labor, Commerce and Industry.

H. 4734 -- Rep. Clyborne: A BILL TO AMEND SECTION 59-63-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GROUNDS FOR WHICH A SCHOOL BOARD OF TRUSTEES MAY EXPEL OR SUSPEND PUPILS, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF A DISTRICT SHALL EXPEL ANY STUDENT WHO WAS IN POSSESSION OF A PISTOL OR HANDGUN ON SCHOOL PROPERTY, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS EXPULSION, AND TO PROVIDE THAT THIS EXPULSION SHALL BE IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY LAW.

Referred to Committee on Education and Public Works.


Printed Page 2117 . . . . . Tuesday, February 15, 1994

H. 4735 -- Reps. Anderson and McMahand: A BILL TO AMEND SECTION 59-111-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE TUITION AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES FOR CERTAIN VETERANS' CHILDREN, SO AS TO PROVIDE THAT CHILDREN OF VETERANS WHO ARE RECIPIENTS OF THE PURPLE HEART ALSO ARE ENTITLED TO FREE TUITION.

Referred to Committee on Ways and Means.

H. 4736 -- Reps. Gamble, Quinn, Sturkie, Stuart, Waites, Shissias, Harrison, Koon, Wright, Riser, Neal, Cromer and J. Brown: A BILL TO AMEND SECTION 43-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY DEPARTMENTS AND BOARDS OF SOCIAL SERVICES, SO AS TO INCREASE FROM THREE TO FOUR THE TERM OF MEMBERS OF THE COUNTY BOARD, LIMIT A MEMBER OF THE BOARD TO TWO CONSECUTIVE TERMS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.

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

H. 4737 -- Reps. Gamble, Waites, Cromer, Quinn, Neal, Sturkie, Stuart, Shissias, Harrison, Koon, Wright, Riser, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 55-11-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE RICHLAND-LEXINGTON AIRPORT COMMISSION, SO AS TO MAKE TECHNICAL CORRECTIONS, PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD AND LIMIT A MEMBER OF THE COMMISSION TO TWO CONSECUTIVE TERMS.

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

H. 4738 -- Reps. Gamble, Waites, Koon, Cromer, Sturkie, Stuart, Wright, Quinn, Riser, Neal, Harrison, Byrd, Rogers and J. Brown: A BILL TO AMEND SECTION 59-53-1710, CODE OF LAWS OF SOUTH


Printed Page 2118 . . . . . Tuesday, February 15, 1994

CAROLINA, 1976, RELATING TO THE CREATION OF THE MIDLANDS TECHNICAL COLLEGE COMMISSION, INCREASE THE TERM OF THE MEMBERS OF THE COMMISSION FROM THREE TO FOUR YEARS, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.

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

H. 4739 -- Reps. Hines, Inabinett, Neilson, McKay, Harwell, Corning, Anderson, Harrelson, McLeod, Rhoad, R. Smith, Vaughn, McMahand, Boan, Govan, Snow, Beatty, Elliott, Breeland, M.O. Alexander, Moody-Lawrence and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2680 SO AS TO AUTHORIZE THE SALES TAX EXEMPTION CERTIFICATE FOR CERTAIN ITEMS TO BE FILED WITH THE RETAILER RATHER THAN PRESENTED AT THE TIME OF EACH SALE, TO REQUIRE THE BUYER MAKING A TAX-EXEMPT PURCHASE PURSUANT TO A CERTIFICATE ON FILE WITH THE RETAILER TO SIGN A STATEMENT THAT THE ITEMS PURCHASED ARE FOR EXEMPT PURPOSES, AND TO PROVIDE THAT THE PURCHASER'S SIGNATURE ON SUCH A STATEMENT MAKES THE PURCHASER LIABLE FOR ANY TAX DETERMINED TO BE DUE ON THE SALE.

Referred to Committee on Ways and Means.

H. 4740 -- Reps. Corning and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-95 SO AS TO PROVIDE THAT A VULNERABLE ADULT MAY NOT BE CONSIDERED ABUSED OR NEGLECTED IF BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT IN ACCORDANCE WITH PRACTICES OF A RECOGNIZED CHURCH INSTEAD OF MEDICAL TREATMENT.

Referred to Committee on Judiciary.


Printed Page 2119 . . . . . Tuesday, February 15, 1994

H. 4741 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.

Referred to Committee on Education and Public Works.

H. 4742 -- Reps. McLeod, Sturkie, M.O. Alexander, Allison, Barber, G. Brown, H. Brown, Byrd, Cato, Chamblee, Cromer, Davenport, Delleney, Elliott, Farr, Fulmer, Gamble, Hallman, Harrelson, J. Harris, Harrison, Harvin, Haskins, Holt, Hutson, Jaskwhich, Kirsh, Koon, Lanford, Law, Littlejohn, Mattos, McElveen, McKay, Meacham, Moody-Lawrence, Neilson, Rhoad, Richardson, Riser, Rudnick, Simrill, D. Smith, R. Smith, Snow, Stille, Stone, Stuart, Vaughn, Waldrop, Witherspoon, Wofford, Wright and A. Young: A BILL TO AMEND SECTION 20-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE CHILDREN'S CODE, SO AS TO EXPAND THE DEFINITION OF CHILD; TO AMEND SECTION 20-7-390, RELATING TO THE DEFINITION OF CHILD FOR FAMILY COURT JURISDICTION, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 20-7-400, AS AMENDED, RELATING TO EXCLUSIVE ORIGINAL JURISDICTION OF THE FAMILY COURT, SO AS TO REDEFINE THE AGE LIMITATIONS FOR PERSONS WHO VIOLATE LOCAL LAWS OR MUNICIPAL ORDINANCES; TO AMEND SECTION 20-7-410, AS AMENDED, RELATING TO FAMILY COURT JURISDICTION OVER JUVENILES FOR VIOLATION OF TRAFFIC AND FISH AND GAME LAWS, SO AS TO DECREASE THE AGE LIMIT FOR JURISDICTION; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING TO JURISDICTION OF CIRCUIT COURTS OVER JUVENILES, SO AS TO DECREASE THE AGE TO FOURTEEN TO TREAT A JUVENILE AS AN ADULT FOR VIOLENT CRIMES AND WEAPON CHARGES AND TO DECREASE THE AGE TO SIXTEEN FOR OTHER CRIMINAL OFFENSES; TO AMEND SECTION 20-7-460, RELATING TO POWER TO ISSUE WRIT OF HABEAS CORPUS, SO AS TO DELETE THE AGE REQUIREMENT AND PROVIDE THE POWER TO PRODUCE A PERSON OVER WHOM THE JUDGE HAS JURISDICTION; TO AMEND SECTION 20-7-2170, AS AMENDED, RELATING TO COMMITMENT OF A CHILD TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO DELETE THE MAXIMUM AGE REQUIREMENT; AND TO AMEND SECTION 20-7-2195, AS AMENDED, RELATING TO TRANSFER OF CHILDREN TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO


Printed Page 2120 . . . . . Tuesday, February 15, 1994

REDUCE THE AGE TO SIXTEEN OF CHILDREN WHO MAY BE TRANSFERRED.

Referred to Committee on Judiciary.


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