1994 Permanent House Journal Printed Pages 3590-3600 - South Carolina Legislature Online

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 3580, Mar. 16 | Printed Page 3600, Mar. 17

Printed Page 3590 . . . . . Wednesday, March 16, 1994

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4918 -- Rep. G. Brown: A CONCURRENT RESOLUTION COMMENDING ROBERT C. MCCUTCHEN, JR., OF LEE COUNTY FOR HIS OUTSTANDING SERVICE AS ASSISTANT FIRE CHIEF FOR THE BISHOPVILLE CITY FIRE DEPARTMENT AND FOR HIS COMMITMENT TO FIREFIGHTING AND FIRE PREVENTION FOR OVER HALF A CENTURY, AND WISHING HIM SUCCESS AND HAPPINESS FOLLOWING HIS RETIREMENT.

ADJOURNMENT
At 5:50 P.M. the House in accordance with the motion of Rep. ANDERSON adjourned in memory of former House member, Sara Shelton of Greenwood, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 3591 . . . . . Thursday, March 17, 1994

Thursday, March 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:

O God our Father, we thank You for these quiet moments of prayer. Make us to know that wisdom may come in silence as in speaking, in waiting as in working, in walking as in running. Cause us to know that the race is not always to the swift, but to those who keep on running. May none of our days be wasted, no session here routine, no effort devoid of meaning, no task without significance. Make our minds be receptive to Your truths, our wills obedient to Your will.

And to You, Lord God, we offer our 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. HOLT moved that when the House adjourns, it adjourn in memory of Miner W. Crosby, which was agreed to.

R. 331; H. 4459--GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 16, 1994
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4459, R-331, an Act:
TO AMEND ACT 445 OF 1947, AS AMENDED, THE SUPPLY BILL FOR HAMPTON COUNTY FOR FISCAL YEAR 1947-48, SO AS TO INCREASE THE SIZE OF THE BOARD OF DIRECTORS OF THE HAMPTON GENERAL HOSPITAL FROM FIVE TO NINE

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MEMBERS AND TO REVISE AND DELETE OBSOLETE REFERENCES.
This veto is based upon an opinion of the Attorney General's Office dated March 14, 1994. The opinion states:
The act bearing ratification number 331 of 1994 amends Section 25 of Act No. 445 of 1947, as amended, to increase the number of directors of The Hampton General Hospital from five to nine and to otherwise revise and delete obsolete references in the 1947 act. A review of the 1947 act and R-331 reveals that only Hampton County is subject of these acts. Thus, H. 4459, R-331 of 1994 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4459, R-331 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
Therefore, for the above reasons, I am returning H. 4459, R-331 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 1; Nays 0

Those who voted in the affirmative are:

McTeer

Total--1

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.

Printed Page 3593 . . . . . Thursday, March 17, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 4924 -- Reps. Thomas, Snow and Kennedy: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MAJOR SPENCER GUERRY, GEORGETOWN DEPUTY CHIEF OF POLICE, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS. The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

On motion of Rep. J. HARRIS, with unanimous consent, the following was taken up for immediate consideration:

H. 4925 -- Rep. J. Harris: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LADY PANTHERS VOLLEYBALL TEAM OF MCBEE HIGH SCHOOL IN CHESTERFIELD COUNTY AND TO THE FFA SOIL IDENTIFICATION AND LAND TREATMENT TEAM ALSO OF MCBEE HIGH SCHOOL, AND TO THE TEAMS' RESPECTIVE COACH AND ADVISOR AND SCHOOL OFFICIALS, ON WEDNESDAY, MARCH 30, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR CERTAIN HONORS RECENTLY WON BY THE TEAMS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Lady Panthers volleyball team of McBee High School in Chesterfield County and to the FFA Soil Identification and Land Treatment Team, also of McBee High School, and to the teams' respective coach and advisor and school officials on Wednesday, March 30, 1994, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for certain honors recently won by the teams.

The Resolution was adopted.

Printed Page 3594 . . . . . Thursday, March 17, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 4926 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE FFA SOIL IDENTIFICATION AND LAND TREATMENT TEAM OF MCBEE HIGH SCHOOL IN CHESTERFIELD COUNTY AND THE TEAM'S ADVISOR, MR. PAT EARLE, ON PLACING FIRST IN THE ANNUAL SOUTH CAROLINA FFA SOIL IDENTIFICATION AND LAND TREATMENT CONTEST.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4927 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE LADY PANTHERS VOLLEYBALL TEAM OF MCBEE HIGH SCHOOL IN CHESTERFIELD COUNTY AND THE TEAM'S COACH, MS. LAURIE ROBERTS, ON WINNING THEIR FIFTH CONSECUTIVE CLASS A STATE CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4928 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY S-17-45 AS "LESTER JACKSON HIGHWAY".

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4929 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE REVEREND ROBERT EARL DENNIS FOR HIS TWENTY-FIVE YEARS OF OUTSTANDING

Printed Page 3595 . . . . . Thursday, March 17, 1994

AND DEDICATED SERVICE AS PASTOR OF CEDAR GROVE BAPTIST CHURCH IN GREENVILLE COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4930 -- Reps. Davenport, Wilkes, Witherspoon, Harrelson, Stone, G. Brown, Hallman, Spearman, T.C. Alexander, Corning, McKay, Riser, Thomas, Kelley, Stille, Walker, R. Smith, Baker, Wofford, Littlejohn, Gamble, Cato, Robinson, Kirsh, Graham, Waites, Anderson and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE FEDERAL GOVERNMENT FROM INCREASING COSTS OF THE STATES BY REDUCING THE PROPORTION OF FEDERAL FUNDS TO THE STATES OR REQUIRING NEW OR INCREASED COSTS FOR MANDATED ACTIVITIES OR SERVICES WITHOUT FUNDING.

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

CONCURRENT RESOLUTION

On motion of Rep. SHISSIAS, with unanimous consent, the following was taken up for immediate consideration:

H. 4931 -- Reps. Corning, Shissias, Harrison and Quinn: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING APRIL 17, 1994, AS BABYNET RECOGNITION WEEK AND APRIL 20, 1994, AS BABYNET AWARENESS DAY.

Whereas, BabyNet, as mandated by federal law, is recognized as South Carolina's interagency collaborative for coordinating services for children birth through three who are at risk of a permanent handicap condition; and

Whereas, BabyNet identifies the needs of children who have a developmental delay or a physical impairment. This early identification allows preventative measures to be taken through early intervention services to bring them to their maximum potential as useful and productive citizens who can live independently in our society; and

Whereas, BabyNet is family centered and individually designed to promote cooperation between parents and professionals. It addresses the

Printed Page 3596 . . . . . Thursday, March 17, 1994

needs of South Carolina's disproportionate number of low birthweight babies and babies born to teenaged mothers whose children are at increased risk of a permanent disability; and

Whereas, BabyNet can prevent the future need of extensive care for the identified child and may save tax dollars which would be used in institutional care or disability support in the child's adult life; and

Whereas, the desirable results of early intervention as provided by BabyNet clearly has been demonstrated by the gain made by the children who have been served, and whose parents, teachers, and physicians can testify to the effectiveness of these services as a cost-effective use of money. The lasting results of developmental delay is minimized with early identification and appropriate intervention; and

Whereas, the full funding of services will complete South Carolina's commitment to the program for early intervention, BabyNet, which will be matched with additional federal funds in the amount of 1.7 million dollars; and

Whereas, April 20, 1994, parents of children with special needs will sponsor a meeting to meet with their legislators. Now, therefore,

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

That the members of the General Assembly designate the week beginning April 17, 1994, as BabyNet Recognition Week and April 20, 1994, as BabyNet Awareness Day.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4932 -- Reps. Jaskwhich, Phillips, Allison, Farr, Wright, Keegan, Kelley, Stille, Littlejohn, Byrd, Anderson, McMahand and Stuart: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF MANDATORY FULL-DAY PUBLIC KINDERGARTENS IN SOUTH CAROLINA, TO PROVIDE THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE APPOINTED BY THE STATE DEPARTMENT OF EDUCATION AND SHALL INCLUDE REPRESENTATIVES OF CERTAIN PUBLIC AND PRIVATE AGENCIES AND ENTITIES, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE

Printed Page 3597 . . . . . Thursday, March 17, 1994

RESPECTIVE EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY BY MARCH 1, 1995.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 4933 -- Reps. Jaskwhich, Kelley, Stuart, Harrison, Haskins, McMahand, Mattos, Phillips, Farr, Vaughn, Allison, Clyborne, Cato, M.O. Alexander, Askins, Kennedy, Fair, Baker, Huff and D. Wilder: A CONCURRENT RESOLUTION INVITING MS. DODIE BURNS MAGILL OF GREENVILLE COUNTY, SOUTH CAROLINA'S TEACHER OF THE YEAR, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY ON WEDNESDAY, MARCH 23, 1994, IN THE HALL OF THE HOUSE OF REPRESENTATIVES.

The Concurrent Resolution was ordered referred to the Committee on Rules.

INTRODUCTION OF BILLS

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

H. 4934 -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO CREATE THE OFFENSE OF DOMESTIC ASSAULT AND DOMESTIC ASSAULT AND BATTERY; TO AMEND ARTICLE 1, CHAPTER 25, TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE, SO AS TO REVISE THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER"; TO AUTHORIZE THE COURT TO ORDER SPECIALIZED COUNSELING TO REVISE PENALTIES; TO AMEND SECTION 20-4-20, RELATING TO DEFINITIONS IN THE PROTECTION FROM DOMESTIC ABUSE ACT, SO AS TO REVISE THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER"; TO AMEND SECTION 20-4-70, RELATING TO DURATION OF ORDERS, SO AS TO AUTHORIZE THE INDEFINITE DURATION OF A PROTECTIVE ORDER; TO AMEND SECTION 20-4-100, RELATING TO THE RESPONSIBILITIES OF LAW ENFORCEMENT IN DOMESTIC ABUSE MATTERS, SO AS TO CLARIFY THE DUTIES; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY

Printed Page 3598 . . . . . Thursday, March 17, 1994

COURT, SO AS TO AUTHORIZE THE COURT TO ORDER SPECIALIZED COUNSELING IN CASES OF DOMESTIC ABUSE AND TO ORDER THAT THE RESPONDENT PAY FOR THE COUNSELING IF ABLE TO DO SO.

Referred to Committee on Judiciary.

H. 4935 -- Reps. Witherspoon, Riser, Snow, Worley, Sharpe and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO EXEMPT "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" FROM ZONING AND DEVELOPMENT STANDARD ORDINANCES ENACTED BY COUNTIES AND MUNICIPALITIES AND TO PROVIDE FOR THIS SECTION NOT TO APPLY TO BUILDINGS DESIGNED FOR PUBLIC ACCESS.

Referred to Committee on Judiciary.

H. 4936 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-935 SO AS TO PROVIDE FOR THE DEPRECIATION OF MERCHANTS' FURNITURE, FIXTURES, AND EQUIPMENT FOR AD VALOREM TAX VALUATION PURPOSES.

Referred to Committee on Ways and Means.

H. 4937 -- Reps. Fair, Vaughn, Haskins, Cato, Jaskwhich, McMahand, M.O. Alexander, Wilkins, Anderson, Baker, Mattos, Clyborne and Stoddard: A BILL TO AUTHORIZE THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO RECEIVE AN ANNUAL SALARY SET BY THE BOARD BY RESOLUTION AND TO PROVIDE THAT ANY INCREASE MAY NOT TAKE EFFECT UNTIL AFTER THE NEXT REGULARLY SCHEDULED ELECTION FOR TRUSTEES.

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

H. 4938 -- Reps. Simrill and Wofford: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO REQUIRE THE TRIAL JUDGE TO EXPLAIN TO A JURY IMPANELED TO RENDER A VERDICT IN THE CASE THAT A DEFENDANT RECEIVING A SENTENCE OF LIFE IMPRISONMENT IS ELIGIBLE FOR PAROLE AFTER SERVING EITHER TWENTY OR

Printed Page 3599 . . . . . Thursday, March 17, 1994

THIRTY YEARS, DEPENDING ON THE CIRCUMSTANCES OF THE CASE.

Referred to Committee on Judiciary.

H. 4939 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

Referred to Committee on Judiciary.

H. 4940 -- Rep. Rogers: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT CERTAIN JUVENILE OFFENDERS MUST NOT BE COMMITTED TO A DEPARTMENT OF JUVENILE JUSTICE CORRECTIONAL INSTITUTION OR TO A SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT, SO AS TO MAKE THE PROHIBITION PROVIDED BY THIS SECTION APPLICABLE TO CHILDREN FOUND IN CONTEMPT OF COURT FOR VIOLATION OF A COURT ORDER RELATED TO CERTAIN MISCONDUCT OR VIOLATIONS OF LAW.

Referred to Committee on Judiciary.

H. 4941 -- Reps. Robinson, Stone, Marchbanks, Govan, Littlejohn, Mattos, Corning, Allison, Sturkie, J. Wilder, Simrill, Law, Wofford, Wright, Sharpe, Harrell, Huff, Wells, Haskins, Riser, Jaskwhich and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1644 SO AS TO PROVIDE THAT LICENSED FOSTER FAMILY CARE PROVIDERS ARE NOT LIABLE FOR LOSSES RESULTING FROM ACTS MADE IN GOOD FAITH WITHIN THE SCOPE OF THEIR OBLIGATIONS AS FOSTER PARENTS; BY ADDING SECTION 43-1-90 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN INTERNAL REVIEW SYSTEM FOR CASES IN WHICH A CHILD KNOWN TO THE DEPARTMENT HAS DIED; BY ADDING SECTION 62-2-805 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PARENT MAY NOT INHERIT FROM A DECEASED CHILD; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO GOVERNMENTAL IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE IMMUNITY FOR

Printed Page 3600 . . . . . Thursday, March 17, 1994

LOSSES RESULTING FROM ACTS OR OMISSIONS WITHIN THE SCOPE OF DUTY OF THOSE PERSONS PERFORMING CHILD PROTECTIVE OR CHILD WELFARE RELATED FUNCTIONS; TO AMEND SECTION 15-78-170, RELATING TO ACTIONS OR CLAIMS FOR DEATH OF A PERSON AND THE DIVISION OF RECOVERY SO AS TO PROVIDE THAT ANYONE PRECLUDED FROM INHERITING FROM THE ESTATE OF A DECEASED CHILD MAY NOT ACT AS PERSONAL REPRESENTATIVE NOR BENEFIT FROM ANY PROCEEDING BASED ON INJURY TO OR DEATH OF THE CHILD; AND TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO PERSONS NOT QUALIFIED TO SERVE AS A PERSONAL REPRESENTATIVE SO AS TO INCLUDE PARENTS PRECLUDED FROM INHERITING FROM THE ESTATE OF THEIR DECEASED CHILD IN THE LEGAL CUSTODY OF THE STATE.

Referred to Committee on Judiciary.

Printed Page 3580, Mar. 16 | Printed Page 3600, Mar. 17

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