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 4490, Apr. 13 | Printed Page 4510, Apr. 13 |
Printed Page 4500 . . . . . Wednesday, April 13, 1994
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, April 13. 
Roland S. Corning        Jerry N. Govan, Jr.
George H. Bailey         William D. Witherspoon
Michael F. Jaskwhich     H. Howell Clyborne, Jr.
B. Hicks Harwell         Dell Baker
Grady A. Brown           William S. Houck, Jr.
J. Michael Baxley        James G. Mattos
C. Lenoir Sturkie        James J. Bailey
Printed Page 4501 . . . . . Wednesday, April 13, 1994
Thomas E. Huff              Larry L. Elliott
Timothy F. Rogers        E.B. McLeod, Jr.
Timothy C. Wilkes        Richard M. Quinn, Jr.
Stephen E. Gonzales      C. Alex Harvin, III
Alma W. Byrd

Total Present--118

LEAVES OF ABSENCE

The SPEAKER granted Rep. THOMAS a leave of absence to attend a meeting with Georgetown City Council, County Council, and the State Ports Authority.

The SPEAKER granted Rep. CARNELL a leave of absence for today.

STATEMENT RE ATTENDANCE

I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, April 13.

Rep. PAULA H. THOMAS

STATEMENT RE ATTENDANCE

Rep. HALLMAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 30.

DOCTOR OF THE DAY

Announcement was made that Dr. Monnie Singleton of Denmark is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

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

Printed Page 4502 . . . . . Wednesday, April 13, 1994
PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.

H. 4955--AMENDED AND ORDERED TO THIRD READING

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.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that the Joint Resolution was out of order as it was not in compliance with Section 51-13-860, the statute which was passed in 1990 providing for the loan to the Patriot's Point Authority. He further stated that the loan to Patriot's Point was consummated on December 17, 1992, and expired in three years or December 17, 1995. He further stated that the Joint Resolution attempted to loan money for a period beyond that time and did not amend the time frame.

The SPEAKER stated that there wasn't anything to prevent the General Assembly from amending Section 51-13-860.

Rep. ROBINSON stated that the Joint Resolution was amending the deadline of Section 51-13-860 and the effective date was three years from the date that the litigation had been disposed of.

The SPEAKER stated that the Joint Resolution could be inartfully drafted but that it wasn't beyond the authority of the Body to enact it and amend Section 51-13-860. He further stated that if the House passed it, the money may not be available but it was not procedural control on the Body to not pass the Joint Resolution.

Rep. ROBINSON stated that the Joint Resolution was still out of order since it did not amend the time frame of Section 51-13-860.

Printed Page 4503 . . . . . Wednesday, April 13, 1994
The SPEAKER stated that that did not make it out of order and that the only thing that would make it out of order would be if it were a topic beyond control or either a procedural control in the Statute or the Constitution.

Rep. ROBINSON stated, citing Rule 5.2, that the title shall express what was being amended or repealed.

The SPEAKER stated that the impact may be that they cannot accomplish what the Joint Resolution wants to but that it was in order and he overruled the Point of Order.

Reps. HASKINS and HALLMAN proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\PT\1172DW.94), which was adopted.

Amend the joint resolution, as and if amended, Page 2, Line 18, by inserting after /Treasurer./ /The repayment to the State of the loan to the entity must be guaranteed by the City of Charleston. If the loan is not repaid within the three year period, that portion of the Aid to Subdivisions distributed annually to municipalities, which the City of Charleston would have otherwise received, must be withheld and applied toward repayment of the loan until the loan is paid.

Amend title to conform.

Rep. HASKINS explained the amendment.

The amendment was then adopted.

Rep. HALLMAN spoke against the Joint Resolution.

Reps. RUDNICK and J. HARRIS spoke in favor of the Joint Resolution.

Rep. KIRSH spoke against the Joint Resolution.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KIRSH continued speaking.

Reps. SHEHEEN and HARRELSON spoke in favor of the Joint Resolution.

Reps. MARCHBANKS and ROBINSON spoke against the Joint Resolution.

Printed Page 4504 . . . . . Wednesday, April 13, 1994
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Yeas 71; Nays 42

Those who voted in the affirmative are: 

Alexander, M.O.  Anderson         Askins
Bailey, J.       Barber           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Canty            Cobb-Hunter      Corning
Delleney         Farr             Fulmer
Gamble           Govan            Harrell
Harrelson        Harris, J.       Harris, P.
Harwell          Haskins          Hines
Hodges           Holt             Houck
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kennedy
Keyserling       Kinon            Law
Mattos           McAbee           McCraw
McKay            McLeod           McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Richardson       Rogers           Rudnick
Scott            Sheheen          Snow
Spearman         Stille           Stoddard
Tucker           Waites           White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Williams         Worley
Young, A.        Young, R.

Total--71

Those who voted in the negative are: 

Alexander, T.C.  Allison          Baker
Cato             Chamblee         Clyborne
Cooper           Cromer           Davenport
Elliott          Fair             Graham
Hallman          Harrison         Huff
Kelley           Kirsh            Klauber
Koon             Lanford          Littlejohn
Marchbanks       McElveen         Meacham
Quinn            Riser            Robinson
Printed Page 4505 . . . . . Wednesday, April 13, 1994
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Stone
Stuart           Sturkie          Trotter
Vaughn           Walker           Wells
Witherspoon      Wofford          Wright

Total--42

So, the Joint Resolution, as amended, was read the second time and ordered to third reading.

ORDERED TO THIRD READING

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

H. 5056 -- Reps. Delleney, McCraw and Wilkes: A BILL TO PROVIDE A PROCEDURE BY WHICH A BINDING REFERENDUM MAY BE INITIATED TO DETERMINE IF THE AUTHORITY OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF CHESTER TO ADOPT AN ANNUAL BUDGET AND SET TAX LEVIES FOR THE OPERATION OF THE SCHOOL DISTRICT IS DEVOLVED ON THE GOVERNING BODY OF CHESTER COUNTY.

SENT TO THE SENATE

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

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 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

Printed Page 4506 . . . . . Wednesday, April 13, 1994
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. 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.

H. 4047 -- Reps. D. Wilder, Barber, Moody-Lawrence, Hines, Stille, Haskins, J. Wilder, Cato, Trotter, Marchbanks, Stoddard, J. Bailey, P. Harris, Allison, Harrell, H. Brown, Lanford and Rogers: A BILL TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 18 SO AS TO CREATE THE STATE BOARD OF ELECTROLOGISTS, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO PROVIDE LICENSING REQUIREMENTS; TO AUTHORIZE THE ESTABLISHMENT OF CONTINUING EDUCATION REQUIREMENTS; AND TO PROVIDE FEES AND PENALTIES.

H. 4327 -- Reps. Rudnick, Harvin and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1275 SO AS TO PROVIDE THAT AT THE OPTION OF THE PERSON TO WHOM A VEHICLE IS LEFT BY A DECEASED SPOUSE, THE LICENSE PLATE ON THAT VEHICLE MAY BE RETAINED ON THE VEHICLE BY THE NEW OWNER AND TO PROVIDE FOR THE REREGISTRATION OF THE VEHICLE IN THE NEW OWNER'S NAME; AND TO AMEND SECTION 56-3-900, RELATING TO REFUNDS OF REGISTRATION FEES, SO AS TO

Printed Page 4507 . . . . . Wednesday, April 13, 1994
PROVIDE FOR REFUNDS WHEN A VEHICLE IS SOLD DURING THE REGISTRATION PERIOD.

H. 4580 -- Reps. Davenport, Littlejohn, Walker, Allison, Moody-Lawrence, R. Young, Byrd, Quinn and Fair: A BILL TO AMEND SECTION 59-20-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT, SO AS TO DELETE CERTAIN PROVISIONS WHICH REQUIRE EARLY CHILDHOOD AND ACADEMIC ASSISTANCE INITIATIVE PLANS TO CONTAIN MEASURES OF EFFECTIVENESS WHICH INCLUDE OUTCOME AND PROCESS INDICATORS OF IMPROVEMENT AND TO CONTAIN SPECIFIC INNOVATION INITIATIVES.

H. 4974 -- Reps. Boan and Hodges: A JOINT RESOLUTION PROVIDING THE USE OF FUNDS AND MAKING APPROPRIATIONS FROM PRUDENTIAL BACHE SETTLEMENT REVENUES.

H. 4733 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-280 SO AS TO PROVIDE FOR THE DEPOSIT OF MONIES RECEIVED BY A PROPERTY MANAGER, OR BY A BROKER, AS AGENT FOR HIS PRINCIPAL IN A REAL ESTATE TRANSACTION, AND PROVIDE THAT THE MONIES DEPOSITED IN ACCORDANCE WITH THIS SECTION MUST REMAIN WHERE DEPOSITED UNTIL CONSUMMATION OR TERMINATION OF THE TRANSACTION, WHEN THE BROKER SHALL MAKE A FULL ACCOUNTING TO HIS PRINCIPAL.

H. 4423 -- Rep. Farr: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF CERTAIN VIOLATIONS BY JUVENILES, SO AS TO REQUIRE THE FAMILY COURTS TO REPORT ALSO VIOLATIONS THAT AFFECT THE JUVENILE'S PRIVILEGE TO DRIVE; TO AMEND SECTION 56-1-745, AS AMENDED, RELATING TO SUSPENSION OF DRIVER'S LICENSES FOR CONTROLLED SUBSTANCE VIOLATIONS, SO AS TO MAKE TECHNICAL CORRECTIONS AND TO DEFINE CONTROLLED SUBSTANCE VIOLATIONS; TO AMEND SECTION 56-1-747, RELATING TO WHAT CONSTITUTES A CONVICTION FOR

Printed Page 4508 . . . . . Wednesday, April 13, 1994
SUSPENSION PURPOSES, SO AS TO INCLUDE JUVENILE PROCEEDINGS.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 772 -- Senator Russell: A BILL TO AMEND SECTION 31-3-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AUTHORITIES, SO AS TO PROVIDE FOR COUNTY REPRESENTATION ON CITY HOUSING AUTHORITIES WHEN SUCH AUTHORITY EXERCISES EXTRATERRITORIAL POWERS WITHIN THE COUNTY.

S. 1000 -- Senators Rankin and Greg Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-45 SO AS TO PERMIT THE USE OF PYROTECHNIC MATERIALS INSIDE ANY ENCLOSED ENTERTAINMENT OR ASSEMBLY AREA BEFORE PROXIMATE AUDIENCES WHEN THE INDOOR PYROTECHNICS ARE USED IN ACCORDANCE WITH APPLICABLE STANDARDS OF THE NATIONAL FIRE PROTECTION ASSOCIATION.

MOTION REJECTED

Rep. QUINN moved that the House recur to the Morning Hour, which was rejected.

H. 4836--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. CROMER having the floor.

H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: A BILL TO ENACT THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS AND TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE

Printed Page 4509 . . . . . Wednesday, April 13, 1994
AGREEMENTS; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PROVIDE FOR THE CONTINUED FORCE AND EFFECT OF LAWS AMENDED OR REPEALED BY THE UNIFORM INTERSTATE FAMILY SUPPORT ACT FOR CERTAIN PURPOSES; TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH CARE EXPENSES; TO AMEND SECTION 43-5-590, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES WITH REGARD TO ITS CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE ASSIGNMENT OF THE RIGHT TO SUPPORT INCLUDES THE RIGHT TO HEALTH CARE EXPENSES, THAT RECEIVING MEDICAID IS CONSIDERED TO BE AN ASSIGNMENT OF THE RIGHT TO SUPPORT, AND TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS; TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS; TO AMEND THE CODE BY ADDING SECTION 44-63-75 SO AS TO REQUIRE SOCIAL SECURITY
Printed Page 4510 . . . . . Wednesday, April 13, 1994
NUMBERS ON BIRTH CERTIFICATES, MARRIAGE LICENSES, AND MARRIAGE CERTIFICATES; TO AMEND SECTION 44-63-165, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE RELEASED TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY AND A CHILD SUPPORT ORDER AND TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE DEPARTMENT WITHOUT CHARGE; TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES SHALL RECEIVE ALL FEDERAL MATCHING FUNDS AVAILABLE FOR THE CHILD SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT TO DEVELOP, IN CONJUNCTION WITH THE DEPARTMENT OF INSURANCE, A PROCEDURE FOR ATTACHING INSURANCE SETTLEMENTS FOR COLLECTING CHILD SUPPORT ARREARAGES; TO REQUIRE THE DEPARTMENT TO COLLABORATE WITH THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO UTILIZE THE COMMISSION BENEFIT INTERCEPT PROGRAM FOR WITHHOLDING CHILD SUPPORT PAYMENTS; TO REQUIRE THE DEPARTMENT IN CONJUNCTION WITH THE DEPARTMENT OF REVENUE AND TAXATION TO REVISE THE W-4 FORM TO CONTAIN INFORMATION RELATIVE TO CHILD SUPPORT OBLIGATIONS AND TO DEVELOP RECORD RETENTION PROCEDURES FOR CERTAIN INFORMATION; AND TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT.

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