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 3630, Mar. 22 | Printed Page 3650, Mar. 22 |
Printed Page 3640 . . . . . Tuesday, March 22, 1994
Reps. HASKINS, HUFF and MARCHBANKS objected to the Bill.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

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.

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.

H. 4820--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Bill until Wednesday, March 23, which was adopted.

H. 4820

GENERAL APPROPRIATION BILL


Printed Page 3641 . . . . . Tuesday, March 22, 1994
H. 4821--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Joint Resolution until Wednesday, March 23, which was adopted.

H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.

H. 4822--DEBATE ADJOURNED

Rep. BOAN moved to adjourn debate upon the following Joint Resolution until Wednesday, March 23, which was adopted.

H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

H. 4373--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Rep. HOUCK having the floor.

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), which was adopted.

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."

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

Renumber sections to conform.

Amend title to conform.

Printed Page 3642 . . . . . Tuesday, March 22, 1994
Rep. HOUCK explained the amendment.

The amendment was then adopted.

Rep. CROMER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\15925AC.94), which was adopted.

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 or this information must be affixed to the container on an auxilliary label."

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

Renumber sections to conform.

Amend title to conform.

Rep. HOUCK explained the amendment.

The amendment was then adopted.

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

H. 4481--DEBATE ADJOURNED

Rep. RHOAD moved to adjourn debate upon the following Bill until Wednesday, April 20, 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.

Printed Page 3643 . . . . . Tuesday, March 22, 1994
REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 4900 -- Reps. A. Young, G. Bailey, Harrell, Hutson and Cobb-Hunter: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO JOHN MCKISSICK, LEGENDARY HEAD COACH OF THE SUMMERVILLE HIGH SCHOOL GREENWAVE FOOTBALL TEAM, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING SALUTED FOR ATTAINING THE RECORD FOR MOST CAREER VICTORIES.

H. 4900--ADOPTED

On motion of Rep. McTEER, with unanimous consent, the following House Resolution was taken up for immediate consideration.

H. 4900 -- Reps. A. Young, G. Bailey, Harrell, Hutson and Cobb-Hunter: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO JOHN MCKISSICK, LEGENDARY HEAD COACH OF THE SUMMERVILLE HIGH SCHOOL GREENWAVE FOOTBALL TEAM, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING SALUTED FOR ATTAINING THE RECORD FOR MOST CAREER VICTORIES.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representative be extended to John McKissick, legendary head football coach of the Summerville High School Greenwave football team, on a date and at a time to be determined by the Speaker for the purpose of being saluted for attaining the record for most career victories.

Rep. McTEER explained the Resolution.

The Resolution was adopted.

Printed Page 3644 . . . . . Tuesday, March 22, 1994
REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 4917 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT PURSUANT TO THE RULES OF THE HOUSE OF REPRESENTATIVES, BILL SAMS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE ON WEDNESDAY, MARCH 23, 1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION AT A TIME TO BE DETERMINED BY THE LIEUTENANT GOVERNOR FOR THE PURPOSES OF BEING PRESENTED THIS RESOLUTION AND BEING RECOGNIZED FOR HIS OUTSTANDING SERVICE AS DIRECTOR OF THE DEPARTMENT OF VETERANS AFFAIRS.

H. 4917--ADOPTED AND SENT TO THE SENATE

On motion of Rep. McTEER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

H. 4917 -- Reps. Carnell, Spearman, P. Harris and McAbee: A CONCURRENT RESOLUTION TO COMMEND BILL J. SAMS, DIRECTOR OF THE SOUTH CAROLINA DEPARTMENT OF VETERANS AFFAIRS, FOR HIS OUTSTANDING SERVICE TO THE STATE AND ITS VETERANS UPON THE OCCASION OF HIS RETIREMENT DURING THE LEGISLATIVE INTERIM, AND TO PROVIDE THAT PURSUANT TO THE RULES OF THE HOUSE OF REPRESENTATIVES, BILL SAMS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE ON WEDNESDAY, MARCH 23, 1994, DURING THE JOINT SESSION OF THE GENERAL ASSEMBLY TO HEAR THE ADDRESS OF THE NATIONAL COMMANDER OF THE AMERICAN LEGION AT A TIME TO BE DETERMINED BY THE LIEUTENANT GOVERNOR FOR THE PURPOSES OF BEING PRESENTED THIS RESOLUTION AND BEING RECOGNIZED FOR HIS OUTSTANDING SERVICE AS DIRECTOR OF THE DEPARTMENT OF VETERANS AFFAIRS.

Printed Page 3645 . . . . . Tuesday, March 22, 1994
Whereas, the members of the General Assembly learned with regret that Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, retired from this position during the legislative interim; and

Whereas, Bill Sams is a native of West Virginia, an Army veteran who served with distinction in Korea and Vietnam, and he worked in private industry for ten years before joining the Department of Veterans Affairs in 1979; and

Whereas, he became director of the department in 1988, and his many accomplishments during his tenure include the automation of the department, the remodeling and renovation of its offices, the institution of a quarterly veterans newsletter, and the obtaining of federal funding for the construction of the Campbell Veterans Nursing Home; and

Whereas, without question, Bill Sams put the welfare of the veterans of South Carolina above all else, and if South Carolina has ever had a true veterans' advocate, Bill Sams has been it; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this great American and South Carolinian for all he has done for the veterans of this State upon the occasion of his retirement as Director of the Department of Veterans Affairs. Now, therefore,

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

That the members of the General Assembly hereby commend Bill J. Sams, Director of the South Carolina Department of Veterans Affairs, for his outstanding service to the State and its veterans upon the occasion of his retirement from this position during the legislative interim. Be it further resolved that pursuant to Rule 10.1 of the Rules of the House, Bill J. Sams shall be granted the privilege of the House floor on Wednesday, March 23, 1994, during the joint session of the General Assembly to hear the address of the National Commander of the American Legion at a time to be determined by the Lieutenant Governor for the purposes of being presented this resolution and being recognized for his service to the veterans of South Carolina as Director of the Department of Veterans Affairs.

Rep. McTEER explained the Concurrent Resolution.

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

Printed Page 3646 . . . . . Tuesday, March 22, 1994
REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

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.

H. 4933--ADOPTED AND SENT TO THE SENATE

On motion of Rep. McTEER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.

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.

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

That the General Assembly of the State of South Carolina, by this resolution, invites Ms. Dodie Burns Magill of Greenville County, South Carolina's Teacher of the Year, to address a joint session of the General Assembly, to be held in the Hall of the House of Representatives, on Wednesday, March 23, 1994, at a time to be designated by the Speaker of the House of Representatives and the President of the Senate.

Be it further resolved that a copy of this resolution be forwarded to Ms. Magill.

Rep. McTEER explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.

Printed Page 3647 . . . . . Tuesday, March 22, 1994
REPORT OF STANDING COMMITTEE

Rep. McTEER, from the Committee on Rules, submitted a favorable report, on:

H. 4694 -- Reps. J. Brown, Anderson, Byrd, Beatty, Hines, Kennedy, Moody-Lawrence, McMahand, Whipper, Williams, Breeland, Canty, Govan, Inabinett, Cobb-Hunter, Neal, Scott, and White: A HOUSE RESOLUTION EXTENDING TO THE STUDENTS FROM SOUTH CAROLINA STATE UNIVERSITY WHO ARE PARTICIPATING IN THE INTERNSHIP PROGRAM WITH THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS ACCESS TO THE FLOOR OF THE HOUSE OF REPRESENTATIVES FOR THE DURATION OF THEIR PARTICIPATION IN THE PROGRAM.

H. 4694--ADOPTED

On motion of Rep. McTEER, with unanimous consent, the following House Resolution was taken up for immediate consideration.

H. 4694 -- Reps. J. Brown, Anderson, Byrd, Beatty, Hines, Kennedy, Moody-Lawrence, McMahand, Whipper, Williams, Breeland, Canty, Govan, Inabinett, Cobb-Hunter, Neal, Scott, and White: A HOUSE RESOLUTION EXTENDING TO THE STUDENTS FROM SOUTH CAROLINA STATE UNIVERSITY WHO ARE PARTICIPATING IN THE INTERNSHIP PROGRAM WITH THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS ACCESS TO THE FLOOR OF THE HOUSE OF REPRESENTATIVES FOR THE DURATION OF THEIR PARTICIPATION IN THE PROGRAM.

Be it resolved by the House of Representatives:

That the students from South Carolina State University who are participating in the internship program with the South Carolina Legislative Black Caucus are permitted full access to the floor of the House of Representatives for the duration of their participation in the program.

Rep. McTEER explained the House Resolution.

The Resolution was adopted.

S. 195--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 195 -- Senators Hayes, Stilwell, Peeler, Wilson and Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY

Printed Page 3648 . . . . . Tuesday, March 22, 1994
ADDING SECTION 16-25-25 SO AS TO CREATE THE CRIME OF CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE AND TO PROVIDE A PENALTY FOR VIOLATION; BY ADDING SECTION 16-25-35 SO AS TO PROVIDE THAT WHEN A PERSON VIOLATES THE PROVISIONS OF SECTION 16-25-20 (CRIMINAL DOMESTIC VIOLENCE) FOR A FIRST OR SECOND OFFENSE, THE COURT MAY SUSPEND EXECUTION OF ALL OR PART OF THE SENTENCE AND PLACE THE OFFENDER ON PROBATION CONDITIONED UPON THE PARTICIPATION OF THE OFFENDER IN A PROGRAM DESIGNED TO TREAT BATTERING SPOUSES OR OTHER APPROPRIATE PSYCHIATRIC OR THERAPEUTIC TREATMENT OR COUNSELING; AND TO AMEND SECTION 20-4-20, RELATING TO THE DEFINITIONS USED IN THE "PROTECTION FROM DOMESTIC ABUSE ACT", SO AS TO INCLUDE WITHIN THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER" "PERSONS COHABITATING OR FORMERLY COHABITING".

Rep. HODGES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\1073DW.94), which was adopted.

Amend the Report of the Committee on Judiciary, as and if amended, Page 195- 2, beginning on Line 8, by striking /, and persons cohabitating or formerly cohabiting./ and inserting /, and persons cohabitating cohabiting or formerly cohabitating cohabiting/.

Amend further by adding an appropriately numbered section to read:

/SECTION ___. Section 20-4-20(b) of the 1976 Code is amended to read:

"(b) `Family or household member' means spouses, former spouses, parents and children, and persons related by consanguinity or affinity within the second degree, and persons cohabiting or formerly cohabiting."/

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1092DW.94), which was adopted.

Amend the Report of the Committee on Judiciary, as and if amended, Page 195-2, beginning on Line 8, by striking /, and persons cohabitating or formerly cohabiting./ and inserting /, and persons cohabitating

Printed Page 3649 . . . . . Tuesday, March 22, 1994
cohabiting with a person of the other sex for one year or more or formerly cohabitating cohabiting for one year or more./

Amend further by adding an appropriately numbered section to read:

/SECTION ___. Section 20-4-20(b) of the 1976 Code is amended to read:

"(b) `Family or household member' means spouses, former spouses, parents and children, and persons related by consanguinity or affinity within the second degree, and persons cohabiting with a person of the other sex for one year or more or formerly cohabiting for one year or more."/

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 4421--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN

Printed Page 3650 . . . . . Tuesday, March 22, 1994
YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.

| Printed Page 3630, Mar. 22 | Printed Page 3650, Mar. 22 |
Page Finder Index