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 4030, Apr. 5 | Printed Page 4050, Apr. 6 |

Printed Page 4040 . . . . . Wednesday, April 6, 1994

ORDERED TO THIRD READING

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

H. 5020 -- Reps. Houck, Harwell, McKay and Hines: A BILL TO AMEND ACT 92 OF 1924, AS AMENDED, RELATING TO THE PARK COMMISSION FOR THE CITY OF FLORENCE, SO AS TO DECREASE THE MEMBERSHIP FROM SIXTEEN TO SEVEN AND TO PROVIDE FOR THEIR ELECTION AND STAGGERED TERMS.

S. 1155 -- Senators Martin and Setzler: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.

H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND


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PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.

Rep. KEYSERLING explained the Bill.

H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1216 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3958--DEBATE ADJOURNED

Rep. WRIGHT moved to adjourn debate upon the following Bill until Thursday, April 7, 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


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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. 4838--DEBATE ADJOURNED

Rep. WRIGHT moved to adjourn debate upon the following Bill until Wednesday, April 13, which was adopted.

H. 4838 -- Reps. Quinn, Wright and Riser: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DISTRICT, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1994, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, PROVIDE THAT WHEN THE TOWN OF IRMO ANNEXES ITS TERRITORY THE PROPERTY ANNEXED SHALL AUTOMATICALLY BECOME PART OF THE IRMO FIRE DISTRICT, AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.

H. 4180--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, April 12, 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


Printed Page 4043 . . . . . Wednesday, April 6, 1994

AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS 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. 4858--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution until Thursday, April 7, 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 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. ROBINSON moved to adjourn debate upon the following Joint Resolution until Thursday, April 7, 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.


Printed Page 4044 . . . . . Wednesday, April 6, 1994

S. 699--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, April 21, which was adopted.

S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.

H. 4955--OBJECTIONS

The following Joint Resolution was taken up.

H. 4955 -- Reps. Holt, J. Bailey, Gonzales, Barber, Whipper, Breeland, Inabinett, J. Harris, Harrell and Fulmer: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO TRANSFER TO A LOCAL PUBLIC ENTITY APPROVED BY THE BOARD, AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS FROM MONIES SET ASIDE FOR THE PATRIOT'S POINT DEVELOPMENT AUTHORITY PURSUANT TO THE PROVISIONS OF SECTION 51-13-860 OF THE 1976 CODE, AND PROVIDE THAT THESE MONIES MUST BE LOANED FOR A PERIOD NOT TO EXCEED THREE YEARS AT AN INTEREST RATE TO BE DETERMINED BY THE STATE TREASURER, WITH THE MONEY FROM THIS LOAN USED BY THE ENTITY EXCLUSIVELY FOR THE BENEFIT OF SPOLETO FESTIVAL, USA.

Rep. LITTLEJOHN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1153DW.94), which was tabled.

Amend the joint resolution, as and if amended, Page 1, by striking Lines 24 through 41, Page 2, Lines 1 through 8.

Amend further Page 2, Line 20, by striking /Spoleto Festival, USA/ and inserting /NFL Project at Wofford College/.

Amend title to conform.


Printed Page 4045 . . . . . Wednesday, April 6, 1994

Rep. LITTLEJOHN explained the amendment.

Rep. HOLT moved to table the amendment.

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

Yeas 54; Nays 37

Those who voted in the affirmative are:

Bailey, G.       Bailey, J.       Barber
Baxley           Boan             Breeland
Brown, H.        Byrd             Cobb-Hunter
Cromer           Delleney         Fulmer
Govan            Harrell          Harrelson
Harris, J.       Hines            Holt
Houck            Hutson           Inabinett
Jaskwhich        Jennings         Kennedy
Keyserling       Kinon            Koon
Law              Mattos           McAbee
McMahand         McTeer           Moody-Lawrence
Neilson          Richardson       Rudnick
Scott            Sheheen          Snow
Spearman         Stille           Stone
Stuart           Thomas           Waldrop
Whipper          White            Wilder, D.
Wilder, J.       Wilkins          Williams
Worley           Young, A.        Young, R.

Total--54

Those who voted in the negative are:

Alexander, T.C.  Allison          Anderson
Baker            Beatty           Cato
Corning          Davenport        Fair
Felder           Gamble           Graham
Hallman          Harrison         Haskins
Keegan           Kelley           Kirsh
Klauber          Lanford          Littlejohn
McCraw           Meacham          Phillips
Riser            Robinson         Shissias
Smith, D.        Smith, R.        Stoddard
Sturkie          Trotter          Tucker

Printed Page 4046 . . . . . Wednesday, April 6, 1994

Vaughn           Walker           Witherspoon
Wofford

Total--37

So, the amendment was tabled.

Rep. ROBINSON proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PT\1154DW.94), which was tabled.

Amend the joint resolution, as and if amended, Page 2, by striking on Line 18, /an interest rate to be determined by the State Treasurer/ and inserting /the interest rate for all money decrees and judgments of courts specified pursuant to the provisions of Section 34-31-20(B) of the 1976 Code/.

Amend title to conform.

Rep. ROBINSON explained the amendment.

Rep. R. YOUNG moved to table the amendment.

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

Yeas 67; Nays 30

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, G.       Bailey, J.
Barber           Baxley           Boan
Breeland         Brown, H.        Brown, J.
Byrd             Cobb-Hunter      Cromer
Delleney         Felder           Fulmer
Gamble           Govan            Harrell
Harrelson        Harris, J.       Harris, P.
Hines            Holt             Houck
Hutson           Inabinett        Jaskwhich
Jennings         Kennedy          Keyserling
Kinon            Koon             Law
McAbee           McCraw           McKay
McMahand         McTeer           Neal
Phillips         Rhoad            Richardson
Rudnick          Scott            Sharpe
Sheheen          Shissias         Snow

Printed Page 4047 . . . . . Wednesday, April 6, 1994

Spearman         Stille           Stoddard
Stone            Sturkie          Tucker
Waldrop          Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Williams         Witherspoon      Wright
Young, R.

Total--67

Those who voted in the negative are:

Allison          Baker            Cato
Chamblee         Corning          Davenport
Fair             Graham           Hallman
Harrison         Haskins          Keegan
Kelley           Kirsh            Lanford
Littlejohn       Meacham          Moody-Lawrence
Neilson          Robinson         Smith, D.
Smith, R.        Stuart           Thomas
Trotter          Vaughn           Walker
Wilkins          Wofford          Young, A.

Total--30

So, the amendment was tabled.

Rep. ROBINSON proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\PT\1155DW.94), which was tabled.

Amend the joint resolution, as and if amended, Page 2, by striking on Line 18, /an interest rate to be determined by the State Treasurer/ and inserting /the prime interest rate as printed daily in the Wall Street Journal plus one percent/.

Amend title to conform.

Rep. ROBINSON explained the amendment.

Rep. J. BAILEY moved to table the amendment, which was agreed to.

Rep. ROBINSON proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\PT\1157DW.94), which was tabled.

Amend the joint resolution, as and if amended, Page 2, by inserting immediately after /USA./ /beginning in 1995, during the period that the


Printed Page 4048 . . . . . Wednesday, April 6, 1994

loan is outstanding, and not fully paid, Spoleto Festival, USA must hold at least one event each in the Midlands and Piedmont areas of the State./.

Amend title to conform.

Rep. ROBINSON explained the amendment.

Rep. HOLT moved to table the amendment, which was agreed to by a division vote of 67 to 22.

Reps. HALLMAN, KIRSH, WOFFORD, KOON, ROBINSON, STURKIE and HASKINS objected to the Joint Resolution.

H. 4362--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4362 -- Reps. T.C. Alexander, M.O. Alexander, Allison, G. Bailey, J. Bailey, G. Brown, Chamblee, Cooper, Corning, Cromer, Farr, Felder, Hallman, Harrison, Harvin, Harwell, Huff, Jennings, Kelley, Keyserling, Kirsh, Koon, Lanford, Martin, Mattos, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Quinn, Richardson, Rogers, Rudnick, Shissias, Stille, Townsend, Waites, Wells, Whipper, White, Wilkins, Williams, Witherspoon, Wright, R. Young, Vaughn, Fulmer, Littlejohn, Breeland, Elliott, Walker and Inabinett: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.

Rep. T.C. ALEXANDER explained the Bill.

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

H. 4036--OBJECTION WITHDRAWN

Rep. DAVENPORT withdrew his objection to H. 4036 however, other objections remained upon the Bill.

H. 3264--OBJECTIONS WITHDRAWN

Reps. VAUGHN, McLEOD, FELDER, D. SMITH, D. WILDER, CATO, ALLISON and LANFORD withdrew their objections to H. 3264 however, other objections remained upon the Bill.


Printed Page 4049 . . . . . Wednesday, April 6, 1994

H. 3631--OBJECTION WITHDRAWN

Rep. CHAMBLEE withdrew his objection to H. 3631 however, other objections remained upon the Bill.

H. 4955--OBJECTION WITHDRAWN

Rep. HASKINS withdrew his objection to H. 4955 however, other objections remained upon the Joint Resolution.

H. 3631--OBJECTION WITHDRAWN

Rep. ANDERSON withdrew his objection to H. 3631 however, other objections remained upon the Bill.

H. 4810--OBJECTIONS WITHDRAWN

Reps. SPEARMAN, WHITE, COBB-HUNTER and NEAL withdrew their objections to the following Bill.

H. 4810 -- Reps. Richardson, J. Bailey, Quinn, Law, Kirsh, Wilkins, Harrell, Hodges, Hutson, Robinson, Mattos, Gamble, Shissias, Keyserling, Clyborne, Klauber, Thomas and Cromer: A BILL TO AMEND SECTION 58-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE PUBLIC SERVICE COMMISSION AND ELECTION OF COMMISSIONERS, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ELECT COMMISSIONERS BASED UPON THE CONGRESSIONAL DISTRICTS ESTABLISHED BY THE GENERAL ASSEMBLY PURSUANT TO THE OFFICIAL UNITED STATES CENSUS OF 1990, RATHER THAN THE CENSUS OF 1980.

H. 3631--OBJECTIONS WITHDRAWN

Reps. LAW and ROBINSON withdrew their objections to H. 3631 however, other objections remained upon the Bill.

H. 3264--OBJECTION WITHDRAWN

Rep. FARR withdrew his objection to H. 3264 however, other objections remained upon the Bill.

H. 3631--OBJECTION WITHDRAWN

Rep. WITHERSPOON withdrew his objection to the following Bill.

H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO


Printed Page 4050 . . . . . Wednesday, April 6, 1994

AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.


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