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 2190, Feb. 17 | Printed Page 2210, Feb. 18 |

Printed Page 2203 . . . . . Thursday, February 17, 1994

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


Printed Page 2204 . . . . . Thursday, February 17, 1994

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;


Printed Page 2205 . . . . . Thursday, February 17, 1994

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


Printed Page 2206 . . . . . Thursday, February 17, 1994

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.


Printed Page 2207 . . . . . Thursday, February 17, 1994

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

Printed Page 2208 . . . . . Thursday, February 17, 1994

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.


Printed Page 2209 . . . . . Thursday, February 17, 1994

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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| Printed Page 2190, Feb. 17 | Printed Page 2210, Feb. 18 |

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