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

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| Printed Page 3040, Mar. 7 | Printed Page 3060, Mar. 7 |
Printed Page 3050 . . . . . Monday, March 7, 1994
Therefore, for the above reasons, I am returning H. 4570, R-302 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 6; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.  Anderson         Baker
Mattos           McLeod           McMahand

Total--6

Those who voted in the negative are: 

Total--0



So, the veto of the Governor was overridden and a message was ordered sent to
the Senate accordingly.

H. 4681--AMENDED AND ORDERED TO THIRD READING


Debate was resumed on the following Bill, the pending question being the
consideration of Amendment No. 24, Rep. FAIR having the floor.


H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr,
McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites,



Printed Page 3051 . . . . . Monday, March 7,
1994



 Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence,
Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper,
Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn,
Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn,
Cato, Beatty, Robinson, Lanford and Jennings:  A BILL TO ENACT THE "SOUTH
CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A
SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS,
MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO
ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL
CURRICULUM,
ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A
PROGRAM OF
APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT
BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS,
COMPLETION
OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS
SKILLS
SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO
PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR
POST-SECONDARY
INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS
CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE
GOVERNMENT
AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND
LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION
41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE
OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY
HOURS A
WEEK AND TO PROVIDE EXCEPTIONS.


Rep. FAIR relinquished the floor.


Rep. FAIR proposed the following Amendment No. 24 (Doc Name
L:\council\legis\amend\GJK\20559SD.94), which was adopted.

Amend the bill, as and if amended, by adding to Section 4(B)(1)(c):



Printed Page 3052 . . . . . Monday, March 7,
1994



  /an emphasis on the importance of individual achievement as a cornerstone upon
which self-respect, academic, and personal success are founded./

Amend title to conform.


Rep. RHOAD proposed the following Amendment No. 27 (Doc Name
L:\council\legis\amend\N05\7659BDW.94), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 10, page 8, beginning
on line 16.

Renumber sections to conform.

Amend title to conform.


Rep. RHOAD explained the amendment.

Rep. McELVEEN spoke in favor of the amendment.

Rep. SCOTT moved to table the amendment.


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

Yeas 9; Nays 80



Those who voted in the affirmative are:

Anderson         Bailey, J.       Brown, J.
Byrd             Gamble           Neal
Scott            Shissias         Waites

Total--9


   Those who voted in the negative are:

Alexander, T.C.  Allison          Askins
Bailey, G.       Baker            Barber
Baxley           Breeland         Brown, G.
Brown, H.        Carnell          Cato
Chamblee         Clyborne         Cobb-Hunter
Cooper           Corning          Davenport
Delleney         Fair             Farr
Fulmer           Hallman          Harrell
Harris, J.       Harris, P.       Harvin
Harwell          Haskins          Holt
Houck            Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling





Printed Page 3053 . . . . . Monday, March 7,
1994




Kirsh            Klauber          Lanford
Law              Marchbanks       McAbee
McKay            McLeod           Meacham
Neilson          Phillips         Rhoad
Riser            Robinson         Rudnick
Sharpe           Simrill          Smith, R.
Snow             Spearman         Stoddard
Stone            Stuart           Sturkie
Thomas           Townsend         Trotter
Vaughn           Waldrop          Walker
Wells            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--80



So, the House refused to table the amendment.


The question then recurred to the adoption of the amendment, which was agreed
to.


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

OBJECTION TO MOTION


Rep. McELVEEN asked unanimous consent that H. 4681 be read a third time
tomorrow.

Rep. FAIR objected.

H. 4414--DEBATE ADJOURNED


The following Bill was taken up.


H. 4414 -- Reps. Phillips, Allison, Waites, Rudnick, J. Wilder, Jaskwhich,
Walker, Corning, Rogers, Stuart, Waldrop and Gamble:  A BILL TO ENACT THE
"SCHOOLHOUSE SAFETY ALLIANCE ACT OF 1994" TO ATTACK THE PROBLEMS OF
JUVENILE CRIME AND SCHOOL SAFETY INCLUDING PROVISIONS TO AMEND TITLE 59 OF THE
1976 CODE RELATING TO EDUCATION BY ADDING CHAPTER 143 SO AS TO PROVIDE FOR
TRAINING OF SCHOOL FACULTY AND STAFF TO PREVENT STUDENT VIOLENCE, TO



Printed Page 3054 . . . . . Monday, March 7,
1994



 INSTITUTE IN EACH SCHOOL CASE MANAGEMENT TEAMS TO WORK AS UNITS ON BEHALF
OF
STUDENTS DISPLAYING SIGNS OF VIOLENT BEHAVIOR, TO REQUIRE THE STATE
DEPARTMENT
OF EDUCATION TO COLLECT DATA IDENTIFYING THE BEST PRACTICES IN DEALING WITH
PROBLEMS ASSOCIATED WITH STUDENT VIOLENCE, TO REQUIRE THE DEPARTMENT OF
EDUCATION TO PILOT TEST A CLUSTER SCHOOL CONCEPT IN URBAN AND RURAL SETTINGS
IN
HIGH CRIME AREAS, TOGETHER WITH A SPECIALIZED PROGRAM OF INTERVENTION AND
PREVENTION, TO ESTABLISH AN ADVISORY COMMITTEE COMPOSED OF VARIOUS AGENCY
REPRESENTATIVES CONVENED BY THE STATE LAW ENFORCEMENT DIVISION TO PROVIDE
TRAINING AND TECHNICAL ASSISTANCE TO CLUSTER SCHOOLS SERVING AS
DEMONSTRATION
SITES, TO ESTABLISH A STATEWIDE SCHOOLHOUSE SAFETY RESOURCE CENTER AT THE
DEPARTMENT OF EDUCATION TO PROVIDE TECHNICAL ASSISTANCE AND TRAINING TO
SCHOOLS
REGARDING SCHOOL VIOLENCE AND STRATEGIES FOR COLLABORATING WITH OTHER
AGENCIES
AND THE COURTS TO PREVENT THIS PROBLEM, TO REQUIRE CONFLICT RESOLUTION
STRATEGIES TO BE TAUGHT TO JUVENILES IN CONFINEMENT FACILITIES, TO REQUIRE
PARENTS OF CHILDREN IDENTIFIED AS IN NEED OF SERVICES OR COUNSELING TO
PARTICIPATE IN CERTAIN CASE MANAGEMENT MEETINGS REGARDING THEIR CHILDREN AT
THE
REQUEST OF SCHOOL OFFICIALS AND TO PROVIDE PENALTIES FOR FAILURE TO
PARTICIPATE,
TO REQUIRE SCHOOL OFFICIALS TO REPORT CERTAIN CRIMINAL BEHAVIOR BY STUDENTS
TO
APPROPRIATE LAW ENFORCEMENT AGENCIES, TO REQUIRE THE STATE BOARD OF
EDUCATION TO
PROMULGATE CERTAIN REGULATIONS REGARDING PARENTING, FAMILY LITERACY, AND
PARENTAL INVOLVEMENT PROGRAMS, TO PROVIDE FOR CONTINUING LEGAL EDUCATION
SEMINARS IN ISSUES OF YOUTH VIOLENCE FOR ATTORNEYS LICENSED TO PRACTICE IN THIS
STATE; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
20-7-1331 SO AS TO AUTHORIZE FAMILY COURT JUDGES TO ORDER AS A CONDITION OF
PROBATION CERTAIN CHILDREN TO PARTICIPATE IN A SPECIAL ALTERNATIVE
CONFINEMENT
UNIT; BY ADDING SECTION 20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO REQUIRE
PARENTS TO APPEAR BEFORE IT REGARDING



Printed Page 3055 . . . . . Monday, March 7,
1994



 CERTAIN BEHAVIOR OF THEIR CHILD AND TO PARTICIPATE IN THE ASSESSMENT OF THE
FAMILY OR IN FAMILY PARTICIPATION TREATMENT SERVICES TO IMPROVE THAT BEHAVIOR;
BY ADDING SECTION 20-7-1352 SO AS TO PROVIDE THAT THE FAMILY COURT SHALL REQUIRE
ACCEPTABLE SCHOOL ATTENDANCE AND APPROPRIATE BEHAVIOR AS A PART OF ANY
PROBATION
ORDER INVOLVING CHILDREN; BY ADDING SECTION 20-7-1353 SO AS TO PROVIDE THAT
PROBATION AND PAROLE COUNSELORS ARE REQUIRED TO ASSIST IN THE RE-ENROLLMENT
OF
ALL THEIR CLIENTS WHO ARE CHILDREN IN THE PUBLIC SCHOOLS UPON THE CHILDREN
BEING
RELEASED FROM CONFINEMENT FACILITIES; AND BY ADDING SECTION 20-7-3236 SO AS TO
PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL ESTABLISH A SHORT-TERM
SPECIAL ALTERNATIVE CONFINEMENT UNIT FOR CERTAIN NONVIOLENT JUVENILES.

AMENDMENT NO. 1


Debate was resumed on Amendment No. 1, which was proposed on Tuesday, March
1, by the Committee on Education and Public Works.

Rep. PHILLIPS explained the amendment.

Rep. HODGES spoke against the amendment.


Rep. TUCKER moved to adjourn debate upon the Bill, which was adopted.

H. 4389--AMENDED AND ORDERED TO THIRD READING


The following Bill was taken up.


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



Printed Page 3056 . . . . . Monday, March 7,
1994



  The Medical, Military, Public and Municipal Affairs Committee proposed the
following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15718AC.94),
which was adopted.

Amend the bill, as and if amended, by deleting Section 44-21-10(C)(3) and (9)
and inserting:

/(3)  Family support is needed throughout the lifespan of an individual who
has mental retardation or a related disability disabilities or
head injuries, spinal cord injuries, or similar disabilities.

 (9)  Family support services should be sufficient to enable families to keep
their family members with mental retardation or related disabilities or head
injuries, spinal cord injuries, or similar disabilities at home or be
sufficient to enable the individual with a disability to remain at home./

Amend title to conform.


Rep. WOFFORD explained the amendment.

The amendment was then adopted.


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

H. 4373--INTERRUPTED DEBATE


The following Bill was taken up.


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.


The Medical, Military, Public and Municipal Affairs Committee proposed the
following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15720AC.94).

Amend the bill, as and if amended, by striking all after the enacting words
and inserting:

/SECTION 1. Section 39-24-40 of the 1976 Code is amended by adding at the
end:

"When dispensing a prescribed medication, if a pharmacist substitutes a
generic drug for a name brand prescribed drug, the generic drug name must be
listed on the prescription label first followed by the words `substituted for'
and the name brand prescribed drug in parentheses."



Printed Page 3057 . . . . . Monday, March 7,
1994



  SECTION 2.  This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.


Rep. HOUCK explained the amendment.


Further proceedings were interrupted by expiration of time on the uncontested
Calendar, the pending question being consideration of Amendment No. 1, Rep.
HOUCK having the floor.

H. 4820--AMENDED AND INTERRUPTED DEBATE 


The following Bill was taken up.

H. 4820


GENERAL APPROPRIATION BILL


MOTION ADOPTED


Rep. BOAN moved that the General Appropriation Bill be considered section by
section, beginning with Part 1A then taking up Part 1B and then Part II, which
was agreed to.

MOTION ADOPTED


Rep. BOAN moved that while debating the General Appropriation Bill, he be
allowed to note a Motion daily to reconsider each section adopted, which was
agreed to.

MOTION ADOPTED


Rep. BOAN moved that H. 4821, the Capital Reserve Fund Appropriation Bill for
FY 93-94 be set for Special Order, regardless of any other Special Orders,
immediately after second reading of H. 4820, the General Appropriation Bill and
continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED


Rep. BOAN moved that while debating H. 4821, the Capital Reserve Fund
Appropriation Bill for FY 93-94, the Bills on the Calendar be printed by number
only, which was agreed to.



Printed Page 3058 . . . . . Monday, March 7,
1994




MOTION ADOPTED


Rep. BOAN moved that H. 4822, the Supplemental Appropriation Bill for FY 93-
94, be set for Special Order regardless of any other Special Orders, immediately
after second reading of H. 4821, the Capital Reserve Fund Appropriation Bill for
FY 93-94 and continue each day thereafter until given a second reading, which
was agreed to.

MOTION ADOPTED


Rep. BOAN moved that while debating H. 4822, the Supplemental Appropriation
Bill for FY 93-94, the Bills on the Calendar be printed by number only, which
was agreed to.

HOUSE TO MEET AT 9:30 A.M TOMORROW


Rep. BOAN moved that when the House adjourns it adjourn to meet at 9:30 A.M.
tomorrow, which was  agreed to.

Part IA


SECTION 3A--AMENDED AND DEBATE ADJOURNED


Rep. BOAN proposed the following Amendment No. 14 (Doc Name L:\h-
wm\legis\amend\DC.PPT), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3A, Senate, Page 0001,
Line 7, Opposite /President Pro Tempore/ by increasing the amounts in columns
(5) and (6) by /3,500/

Amend further, Page 0002, Line 20, Opposite /Other Operating Expenses/ by
decreasing the amounts in columns (5) and (6) by /3,500/

Renumber sections & amend totals/title to conform.


Rep. BOAN explained the amendment.

The amendment was then adopted by a division vote of 49 to 29.


Reps. A. YOUNG, KIRSH, STILLE, HALLMAN, HUFF, MOODY-LAWRENCE, MEACHAM, WAITES,
WOFFORD, SIMRILL and H. BROWN proposed the following Amendment No. 27 (Doc Name
L:\h-wm\legis\amend\DC.SRO), which was adopted.

Amend the bill, as and if amended, Part 1A, Section 3A, Legislative
Department-Senate, Page 0002, Line 11, Opposite /Senate Research (P)/ by
reducing the amounts in column (5) and (6) by /503,552/

Amend further, Page 0002, Line 12 by reducing from columns (5) and (6) by
/(12.00)/



Printed Page 3059 . . . . . Monday, March 7,
1994



  Amend further, Page 0002, Line 20, Opposite /Other Operating Expenses/ by
reducing the amounts in columns (5) and (6) by /121,448/

Renumber sections & amend totals/title to conform.


Rep. A. YOUNG explained the amendment.

Rep. FELDER spoke against the amendment.

LEAVE OF ABSENCE


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


Rep. WAITES spoke in favor of the amendment.

Rep. McABEE spoke against the amendment.

Reps. G. BAILEY, KIRSH and HARWELL spoke in favor of the amendment.

Rep. BOAN spoke against the amendment and moved to adjourn debate upon the
amendment.

Rep. G. BAILEY moved to table the motion.


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

Yeas 59; Nays 51



Those who voted in the affirmative are:

Alexander, T.C.  Allison          Anderson
Bailey, G.       Baker            Brown, J.
Byrd             Cato             Corning
Cromer           Fair             Fulmer
Gamble           Hallman          Harrell
Harwell          Haskins          Huff
Hutson           Jaskwhich        Keegan
Kelley           Keyserling       Kirsh
Klauber          Koon             Lanford
Littlejohn       McMahand         Meacham
Moody-Lawrence   Neilson          Quinn
Richardson       Riser            Robinson
Rudnick          Scott            Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Stille           Stone
Stuart           Sturkie          Thomas
Trotter          Vaughn           Waites





Printed Page 3060 . . . . . Monday, March 7,
1994




Walker           Wells            Williams
Witherspoon      Wofford          Wright
Young, A.        Young, R.

Total--59






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