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 4013, Apr. 5 | Printed Page 4030, Apr. 5 |

Printed Page 4020 . . . . . Tuesday, April 5, 1994

S. 1276 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT RELATING TO THE REPEAL OF REGULATIONS 123-60 (HUNTING ON BELMONT PLANTATION), 123-80 (WATERFOWL HUNTING ON THE HATCHERY GAME MANAGEMENT AREA), AND 123-81 (BROAD RIVER AND ENOREE RIVER WATERFOWL MANAGEMENT AREAS), DESIGNATED AS REGULATION DOCUMENT NUMBER 1662, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1292 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION OF CLEMSON UNIVERSITY, RELATING TO IMPORTATION OF RATITES (OSTRICH, EMU, RHEA AND OTHER FLIGHTLESS BIRDS IN THE FAMILY RATITAE), DESIGNATED AS REGULATION DOCUMENT NUMBER 1734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

S. 1297 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO DETERMINATION OF RATES OF TUITION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1650, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 1307 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-3-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGES IN NOMENCLATURE FOR "COMMISSIONER OF LABOR" AND OTHER TERMS UNDER THE GOVERNMENTAL RESTRUCTURING ACT OF 1993, SO AS TO


Printed Page 4021 . . . . . Tuesday, April 5, 1994

PROVIDE THAT ANY CONTESTED MATTER HEARD BY THE FORMER COMMISSIONER OF LABOR MAY BE APPEALED TO AN ADMINISTRATIVE LAW JUDGE RATHER THAN TO THE OSHA REVIEW BOARD.

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

S. 1308 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO FAILURE TO APPEAR AT HEARINGS BEFORE THE OCCUPATIONAL HEALTH AND SAFETY REVIEW BOARD, DESIGNATED AS REGULATION DOCUMENT NUMBER 1743, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 1309 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Bailey, J.       Baker            Baxley
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Byrd
Canty            Carnell          Cato
Chamblee         Clyborne         Cooper
Corning          Cromer           Delleney
Elliott          Farr             Felder
Fulmer           Gamble           Govan
Hallman          Harrell          Harrelson

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Harris, J.       Harris, P.       Harrison
Harvin           Harwell          Haskins
Hines            Hodges           Holt
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Koon             Lanford          Law
Littlejohn       Martin           Mattos
McAbee           McCraw           McKay
McLeod           McMahand         McTeer
Meacham          Moody-Lawrence   Neilson
Phillips         Quinn            Rhoad
Richardson       Riser            Robinson
Rogers           Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Thomas           Townsend         Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Wright
Young, A.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, April 5. Candy Y. Waites Doug Smith Gilda Cobb-Hunter Joseph H. Neal Michael L. Fair William S. Houck, Jr. Harold G. Worley Donald W. "Don" Beatty Roger M. Young

Total Present--118

LEAVES OF ABSENCE

The SPEAKER granted Rep. MARCHBANKS a leave of absence for the week.


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The SPEAKER granted Rep. McELVEEN a leave of absence for the week.

DOCTOR OF THE DAY

Announcement was made that Dr. Jim Pruitt of Seneca is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

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

H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.

H. 5006 -- Reps. Hutson, A. Young and G. Bailey: A BILL TO PROVIDE THAT THE COMMISSIONERS OF ELECTION FOR DORCHESTER COUNTY MUST BE APPOINTED BY THE DORCHESTER COUNTY COUNCIL, AND PROVIDE FOR THE MANNER IN WHICH THEY MUST BE APPOINTED.

H. 5008 -- Reps. Gonzales, Whipper, Fulmer, Harrell, Hallman and J. Bailey: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT WHEN A VACANCY OCCURS ON THE CONSTITUENT SCHOOL DISTRICT BOARD OR ON THE CHARLESTON COUNTY SCHOOL DISTRICT BOARD, THE COUNTY COUNCIL SHALL APPOINT A TRUSTEE TO SERVE UNTIL THE NEXT GENERAL ELECTION OR UNTIL THE GENERAL ELECTION FOLLOWING THE NEXT GENERAL ELECTION IF THE VACANCY OCCURS FEWER THAN FOUR MONTHS BEFORE THE GENERAL ELECTION.

H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.


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H. 4711 -- Rep. Harvin: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE FOR CONTINUING EDUCATION COURSES, SO AS TO ADD TO THE MEMBERSHIP OF THE COMMITTEE ONE REPRESENTATIVE FROM THE SOUTH CAROLINA ASSOCIATION OF HEALTH UNDERWRITERS.

H. 4860 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION, RELATING TO BOLL WEEVIL QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5007 -- Reps. Walker, Davenport and Allison: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1993-94 SCHOOL YEAR, SCHOOL DISTRICT ONE IN SPARTANBURG COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.

H. 4616--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, April 6, 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.


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ORDERED TO THIRD READING

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

S. 687 -- Senator Bryan: 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. 4403 -- Reps. Holt, Harrelson, Harvin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO PROVIDE REQUIREMENTS FOR RAISED DEER STANDS USED AT DEER HUNTS OFFERED TO THE PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES.

Rep. HOLT explained the Bill.

S. 1222 -- Labor, Commerce and Industry Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-85 SO AS TO AUTHORIZE THE SOUTH CAROLINA BOARD OF CHIROPRACTIC EXAMINERS TO ISSUE VOLUNTEER LICENSES FOR PROVIDING CARE TO THE NEEDY AND INDIGENT IN SOUTH CAROLINA.

H. 4616--RECONSIDERED AND RECOMMITTED

Rep. WILKINS moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

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


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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.

Rep. WILKINS moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

H. 3958--DEBATE ADJOURNED

Rep. WRIGHT moved to adjourn debate upon the following Bill until Wednesday, April 6, which was adopted.

H. 3958 -- Reps. Wright and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-5 SO AS TO PROVIDE FOR THE PURPOSES OF THE STATE ASSESSMENT EDUCATIONAL SYSTEM; TO AMEND SECTION 59-30-10, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR A REVISED STATEWIDE ASSESSMENT PROGRAM; TO AMEND SECTION 59-30-30, RELATING TO THE DUTIES OF SCHOOL BOARDS IN REGARD TO THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO REVISE THESE DUTIES IN CONFORMITY WITH THE STATEWIDE ASSESSMENT PROGRAM; AND TO AMEND SECTION 59-30-50, RELATING TO TIMETABLES IN REGARD TO BASIC SKILLS ASSESSMENT, SO AS TO PROVIDE TIMETABLES FOR THE STATEWIDE ASSESSMENT PROGRAM ABOVE ESTABLISHED.

H. 4180--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, April 6, which was adopted.

H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young and Corning: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS


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CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.

H. 4642--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4642 -- Reps. Hodges and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-590 SO AS TO PROVIDE THAT TELECOMMUNICATIONS SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS MUST BE DEEMED COMPETITIVE SERVICES AFTER JULY 1, 1994, REQUIRE THE PUBLIC SERVICE COMMISSION TO CONDUCT HEARINGS, MAKE FINDINGS, AND ESTABLISH BENCHMARKS AS TO THE COMPETITION WHICH EXISTS AMONG THE INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AND PROVIDE FOR RELATED MATTERS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10977JM.94), which was adopted.

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 58-9-585. (A) Notwithstanding any other provision of this chapter, the commission may, on the request of an interexchange telecommunications carrier or on its own motion, consider, in lieu of the procedures outlined in this chapter, alternative means of regulating that carrier. If the commission first determines, after notice and hearing, that the substantial evidence of record shows that a particular service is competitive in the relevant geographic market, the commission may implement regulatory alternatives, including, but not limited to, the provisions outlined in this section.


Printed Page 4028 . . . . . Tuesday, April 5, 1994

(B) If the commission determines that an interexchange telecommunications carrier service is competitive, the commission shall not fix or prescribe the rates, tolls, charges, or rate structures for that service. In determining whether a service is competitive, the commission shall consider, at a minimum, the availability, market share, and price of comparable service alternatives. The commission shall require that the interexchange telecommunications carriers file and maintain price lists for competitive telecommunications services.

(C) The commission is authorized to reclassify a telecommunications service provided by an interexchange carrier as noncompetitive if, after notice and hearing, the substantial evidence of record shows that sufficient competition does not exist for that service.

(D) For an interexchange telecommunications carrier service found to be noncompetitive, the commission may implement other regulatory alternatives, including, but not limited to, price caps.

(E) Nothing in this section limits the authority of the commission with respect to the reporting requirements of interexchange telecommunications carriers to establish standards for the quality of service, resolution of complaints, privacy, and the ordering, installation, restoration, and disconnection of interexchange service.

(F) For the purposes of this section, the term `interexchange telecommunications carrier service' is limited to toll services provided by telephone utilities."

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

Amend title to conform.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

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

H. 4858--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Joint Resolution until Wednesday, April 6, which was adopted.

H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S


Printed Page 4029 . . . . . Tuesday, April 5, 1994

CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4859--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Joint Resolution until Wednesday, April 6, which was adopted.

H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. HODGES moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

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.

H. 4987 -- Reps. Rogers, Waites, Neal, Scott, J. Brown, Cromer, Shissias, Byrd, Harrison, Corning and Quinn: A CONCURRENT RESOLUTION CONGRATULATING DR. R. BRUCE DUNLAP, A CANCER RESEARCHER AT THE UNIVERSITY OF SOUTH CAROLINA, UPON BEING SELECTED TO RECEIVE THE GOVERNOR'S 1994 "EXCELLENCE IN SCIENCE AWARENESS AWARD", ONE OF THE STATE'S HIGHEST HONORS FOR SCIENTISTS.

H. 4990 -- Rep. Tucker: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF H. GRADY KIRVEN OF ANDERSON COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.


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