1994 Permanent House Journal Printed Pages 3780-3790 - 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 3770, Mar. 24 | Printed Page 3790, Mar. 24

Printed Page 3780 . . . . . Thursday, March 24, 1994

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15740AC.94), which was adopted.

Amend the bill, as and if amended, Section 40-43-10(B), page 1, beginning on line 37, by deleting /with the advice and consent of the General Assembly/ and inserting /with the advice and consent of the General Assembly/ so when amended Section 40-43-10(B) reads:

/(B) The pharmacist at large and the lay member must be appointed by the Governor with the advice and consent of the General Assembly, and serve conterminously with the appointing Governor and until their successors are appointed and qualify. The board shall conduct an election to select nominate three pharmacists from each congressional district to be submitted to the Governor for consideration for appointment. The Governor shall appoint one pharmacist to represent each congressional district to be appointed by the Governor from among the nominees submitted for that district. The election shall provide for participation by all pharmacists currently licensed and residing in South Carolina the congressional district for which the nomination is being made. The pharmacists elected must be residents of this State and of the congressional district they represent, licensed, and in good standing to practice pharmacy in this State, and actively engaged in the practice of pharmacy in this State. The elected members of the board representing the six congressional districts shall serve for terms of six years and until their successors are appointed and qualify. No member may serve more than two successive terms of office except that a member serving an unexpired term may be reelected and reappointed for two successive terms./

Amend title to conform.

Rep. CHAMBLEE explained the amendment.

The amendment was then adopted.

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

H. 4630--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 4630 be read the third time tomorrow.

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S. 926--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 926 -- Senators Giese, Passailaigue, Glover, Elliott, Hayes, Holland, Lander, Mitchell, O'Dell, Reese, Russell, Short, Stilwell, Waldrep, Washington, Wilson, Rose, Leventis and Martin: A BILL TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, RELATING TO THE ALZHEIMER'S DISEASE REGISTRY, SO AS TO CREATE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER IN THE OFFICE OF THE GOVERNOR, DIVISION ON AGING AND TO PROVIDE FOR ITS DUTIES AND AN ADVISORY COUNCIL; TO RENAME CHAPTER 36, TITLE 44; AND TO DESIGNATE SECTIONS 44-36-10 THROUGH 44-36-30 AS ARTICLE 1 OF CHAPTER 36, TITLE 44; AND TO DIRECT THE CODE COMMISSIONER TO CHANGE A REFERENCE TO CONFORM TO THE GOVERNMENT RESTRUCTURING ACT OF 1993.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15741AC.94), which was adopted.

Amend the bill, as and if amended, Section 44-36-330(A) on page 3, line 8, by deleting /(22) University of South Carolina./ and inserting:

/(22) University of South Carolina;

(23) South Carolina State University./

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.

S. 926--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HOUCK, with unanimous consent, it was ordered that S. 926 be read the third time tomorrow.

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S. 511--DEBATE ADJOURNED

Rep. FARR moved to adjourn debate upon the following Bill until Wednesday, March 30, which was adopted.

S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.

H. 4616--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, March 29, which was adopted.

H. 4616 -- Reps. Hodges and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 TO TITLE 6 SO AS TO PROVIDE FOR CONSOLIDATION OF EXISTING PLANNING ENABLING LEGISLATION; TO UPDATE EXISTING LEGISLATIVE ACTS; TO REPEAL CHAPTER 27 OF TITLE 4 RELATING TO THE COUNTY PLANNING ACT; TO REPEAL CHAPTER 23 OF TITLE 5 RELATING TO ZONING AND PLANNING BY MUNICIPALITIES; TO REPEAL SECTIONS 6-7-310 THROUGH 6-7-1110 RELATING TO PLANNING BY LOCAL GOVERNMENTS; AND TO REPEAL ACT 129 OF 1963 RELATING TO THE GREENVILLE COUNTY PLANNING COMMISSION.

H. 4631--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4631 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-51-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO PROVIDE FOR LICENSURE BY ENDORSEMENT; TO AMEND

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SECTION 40-51-130, RELATING TO RECORDING OF LICENSE WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS; TO REPEAL SECTION 40-51-150, RELATING TO GROUNDS FOR REVOCATION OF LICENSES; AND TO REAUTHORIZE THE BOARD OF PODIATRY EXAMINERS FOR SIX YEARS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15750AC.94), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 8 and inserting:

/SECTION 8. Section 40-51-30 of the 1976 Code, as last amended by Act 28 of 1993, is further amended to read:

"Section 40-51-30. For the purpose of carrying out this chapter, the Governor shall appoint a Board of Podiatry Examiners, to consist of four podiatrists, actually engaged in this practice in the State and one consumer member. All members of the board must be residents of South Carolina. Nominations of the podiatrists for appointment to the board must be received by the Governor from the South Carolina Board of Podiatry Examiners with all licensed active practicing podiatrists residing in this State having an opportunity to vote and being eligible to be candidates during a pre-announced election. The Governor shall appoint the consumer member from the State at large. The Governor may reject any or all of the nominees upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. The members of the board must be appointed by the Governor for terms of two years and no member may serve two consecutive terms. The Governor may remove from office members of the Board of Podiatry Examiners for neglect of duties as required by this chapter or for malfeasance in office for unprofessional conduct. The State Board of Medical Examiners shall

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designate one medical doctor as a consultant to the board. The Attorney General of South Carolina is the legal advisor to the board with power to prosecute any violation of this chapter."

SECTION 9. The amendment to Section 40-51-30, as contained in SECTION 8 of the bill, applies beginning with Board of Podiatry members serving on July 1, 1993.

SECTION 10. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. CHAMBLEE explained the amendment.

The amendment was then adopted.

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

H. 4631--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WALDROP, with unanimous consent, it was ordered that H. 4631 be read the third time tomorrow.

H. 4775--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.

Rep. HODGES explained the Bill.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. HODGES having the floor.

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S. 1220--RECALLED FROM THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

S. 1220 -- Senator Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-585 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION, ON THE REQUEST OF AN INTEREXCHANGE TELECOMMUNICATIONS CARRIER OR ON ITS OWN MOTION, MAY CONSIDER, IN LIEU OF THE PROCEDURES OUTLINED IN CHAPTER 9, TITLE 58, ALTERNATIVE MEANS OF REGULATING THAT CARRIER, AND PROVIDE FOR RELATED MATTERS.

STATEMENT BY REPS. CANTY AND G. BROWN

Reps. CANTY and G. BROWN, with unanimous consent, made a short statement relative to scholarships received by three male Afro-American Hillcrest High School students.

RECURRENCE TO THE MORNING HOUR

Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4964 -- Reps. Davenport, Wilkes, Townsend, G. Brown, Stille, Moody-Lawrence, Inabinett, Harvin, Richardson, Lanford, Corning, Simrill, Haskins, Allison, D. Wilder, McElveen, Neal, Beatty, Stuart, Klauber, Law, Witherspoon, Baxley, Delleney, Canty, J. Bailey, McTeer and Riser: A CONCURRENT RESOLUTION TO DIRECT THE STATE DEPARTMENT OF EDUCATION TO COMPILE A LIST OF STATE AND LOCAL REGULATIONS IMPOSED ON SCHOOLS WHICH IT CONSIDERS AS UNNECESSARILY BURDENSOME, AND TO PROVIDE THAT THE FINDINGS OF THE DEPARTMENT SHALL BE REPORTED TO THE GENERAL ASSEMBLY BY JANUARY 1, 1995, AND MUST INCLUDE RECOMMENDATIONS TO ELIMINATE

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OUT-DATED, DUPLICATIVE, OR UNNECESSARY REGULATIONS IMPOSED ON SCHOOLS.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 1281 -- Senator Martin: A CONCURRENT RESOLUTION URGING THE CITIZENS STAMP ADVISORY COMMITTEE TO HONOR THE LATE HENRY MARTYN ROBERT, ORIGINAL AUTHOR OF "ROBERT'S RULES OF ORDER".

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 4976 -- Reps. Harrelson, Sharpe, Wright and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-56 SO AS TO ENACT THE CITIZENS-COUNCIL PARTNERSHIP ACT, TO PROVIDE A PROCEDURE FOR THE QUALIFIED ELECTORS OF A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT TO REPEAL, MODIFY, OR INSTITUTE SERVICES OR TAXES; AND TO PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT MANDATE REQUIREMENTS ON THESE POLITICAL SUBDIVISIONS UNLESS THE MANDATE OR REQUIREMENT IS FUNDED BY THE GENERAL ASSEMBLY, AND TO APPROPRIATE THREE HUNDRED THOUSAND DOLLARS TO IMPLEMENT A PLAN TO MAINTAIN AND SUPPORT A PUBLIC SYSTEM OF SCHOOLS WITH THE GENERAL ASSEMBLY FUNDING ONLY ONE SCHOOL DISTRICT IN EACH COUNTY.

Referred to Committee on Judiciary.

H. 4977 -- Rep. McAbee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO

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LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY.

Referred to Committee on Ways and Means.

H. 4978 -- Rep. Simrill: A BILL TO AMEND SECTION 4-29-68, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL SOURCE REVENUE BONDS, SO AS TO CLARIFY THAT REVENUES RECEIVED AND RETAINED BY A COUNTY, MUNICIPALITY, OR SPECIAL PURPOSE DISTRICT FROM A PAYMENT IN LIEU OF TAXES PURSUANT TO THE PROVISIONS OF SECTION 4-1-170, 4-29-60, OR 4-29-67 AND THESE REVENUES ARE DERIVED IN WHOLE OR IN PART FROM A REDEVELOPMENT PROJECT AREA ESTABLISHED PURSUANT TO CHAPTER 6, TITLE 31, SHALL ALLOCATE THE REVENUES IN ACCORDANCE WITH THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 31-6-70 AS IF THESE REVENUES REMAINED AD VALOREM TAXES, PROVIDE THAT ALL TAXES COLLECTED IN THE REDEVELOPMENT PROJECT AREA NOT SUBJECT TO THE ORDINANCE OF THE MUNICIPALITY ADOPTED PURSUANT TO SECTION 31-6-70 BECOME PAYMENTS IN LIEU OF TAXES AND THE PORTION COLLECTED BY THE MUNICIPALITY MAY BE PLEDGED TO SECURE SPECIAL SOURCE REVENUE BONDS.

Referred to Committee on Ways and Means.

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H. 4979 -- Reps. Kinon and Harwell: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1994, AND ENDING JUNE 30, 1995.

On motion of Rep. KINON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4980 -- Rep. Rudnick: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, SECTIONS 58-3-30 AND 58-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR THE POPULAR ELECTION OF ONE COMMISSIONER FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE AND ONE COMMISSIONER FROM THE STATE AT LARGE WHO SHALL SERVE AS CHAIRMAN; AND TO REPEAL SECTION 58-3-26 RELATING TO A JOINT LEGISLATIVE COMMITTEE TO SCREEN CANDIDATES FOR ELECTION TO THE PUBLIC SERVICE COMMISSION.

Referred to Committee on Judiciary.

H. 4979--ORDERED TO BE READ SECOND TIME TOMORROW

On motion of Rep. KINON, with unanimous consent, it was ordered that H. 4979 be read the second time tomorrow.

H. 4775--ORDERED TO THIRD READING

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

Rep. HODGES continued speaking.

LEAVE OF ABSENCE

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

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

H. 4775--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 4775 be read the third time tomorrow.

ORDERED TO THIRD READING

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

H. 4779 -- Reps. Harrelson, Cobb-Hunter, Inabinett, McTeer and Rhoad: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR COLLETON COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR COLLETON COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE COLLETON COUNTY ELECTION COMMISSION AND THE COLLETON COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW COLLETON COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

H. 4791 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE OPERATION OF PUBLIC PUPIL TRANSPORTATION SERVICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 505 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE AUTHORITY OF A COUNTY CORONER TO AUTHORIZE REMOVAL OF A DEAD BODY WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION; AND TO AMEND

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SECTION 17-5-300, RELATING TO UNAUTHORIZED REMOVAL OF A DEAD BODY, SO AS TO PROVIDE THAT THE AUTHORIZATION FOR THE REMOVAL OF A BODY MUST BE OBTAINED FROM A COUNTY CORONER WHEN A COUNTY DOES NOT HAVE A MEDICAL EXAMINER COMMISSION.

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