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 4560, Apr. 14 | Printed Page 4580, Apr. 14 |

Printed Page 4570 . . . . . Thursday, April 14, 1994

Amend the Report further, as and if amended, by deleting /; and adopt the state model for K - 3 continuous assessment or submit a district model for approval to the State Board of Education through the State Department of Education/ in Section 59-30-30 of the 1976 Code which begins on line 42 on page 3958-9/;

Amend the Report further, as and if amended, by deleting item (c) in Section 59-30-50 of the 1976 Code on line 33 on page 3958-11;

Amend the Report further, as and if amended, by deleing item (c) in Section 59-30-50 which begins on line 43 on page 3958-11;

Amend the Report further, as and if amended, by deleting item (c) in Section 59-30-50 of the 1976 Code which begins on line 10 on page 3958-12.

Renumber items, subsections, and sections to conform.

Amend totals and title to conform.

Rep. FAIR explained the amendment.

Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 11, Rep. FAIR having the floor.

SPECIAL PRESENTATION

Rep. SHEHEEN presented to the members of the House the Camden High School Girls Volleyball team and their coach, winners of the 1993 Class AAA State Championship, and other school officials.

RECURRENCE TO THE MORNING HOUR

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

SPEAKER IN CHAIR

CONCURRENT RESOLUTION

The following was introduced:

H. 5122 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A CROSSING IN BEAUFORT COUNTY AS THE "MARINE CORPS MEMORIAL CROSSING".

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 4571 . . . . . Thursday, April 14, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 5123 -- Reps. Davenport, Littlejohn, Walker, Sharpe, Allison, Wells, D. Smith, Beatty, Phillips and Lanford: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ACT TO PRESERVE CONGRESSIONAL PREROGATIVES AND NATIONAL SOVEREIGNTY IN CONSIDERATION OF THE URUGUAY ROUND AGREEMENT.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 14, 1994
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. FELDER, the invitation was accepted.

INTRODUCTION OF BILLS

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

H. 5124 -- Rep. Davenport: A BILL TO ENACT THE "RELIGIOUS RIGHTS OF STUDENTS ACT OF 1994" AND TO AMONG OTHER THINGS AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ACCOMPLISH THE PURPOSES OF THIS ACT.

Referred to Committee on Education and Public Works.

H. 5125 -- Rep. Davenport: A BILL TO PROVIDE THAT BY 1998 THE STATE BUDGET AND CONTROL BOARD SHALL DEVISE AND THE GENERAL ASSEMBLY SHALL ENACT A PLAN TO INTERCEPT THE FEDERAL INDIVIDUAL AND CORPORATE INCOME TAX PAYMENTS MADE BY RESIDENTS OF THIS STATE, TO PROVIDE FOR THE DEDUCTION FROM THESE INTERCEPTED


Printed Page 4572 . . . . . Thursday, April 14, 1994

PAYMENTS OF THE COST OF UNFUNDED FEDERAL MANDATES ON THIS STATE AND POLITICAL SUBDIVISIONS OF THIS STATE, AND TO PROVIDE FOR NEGOTIATIONS WITH THE FEDERAL GOVERNMENT ON THE REMAINING BALANCE OF INTERCEPTED TAXES TO BE REMITTED TO THE FEDERAL GOVERNMENT.

Referred to Committee on Ways and Means.

H. 5126 -- Rep. Davenport: A BILL TO AMEND SECTION 43-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS OF ELIGIBILITY FOR AID TO FAMILIES WITH DEPENDENT CHILDREN, SO AS TO REQUIRE AS A CONDITION OF ELIGIBILITY THAT THE RECIPIENT REPAY AT AN INTEREST RATE OF FIVE PERCENT BENEFITS RECEIVED WHEN TWENTY-FOUR MONTHS HAVE ELAPSED SINCE THE LAST BENEFIT PAID.

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

H. 5127 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-23-170 SO AS TO AUTHORIZE A PERSON, COMMUNITY, MUNICIPALITY, OR COUNTY THAT IS NEGATIVELY IMPACTED ECONOMICALLY AS A RESULT OF A REGULATION MAY BRING AN ACTION BEFORE AN ADMINISTRATIVE LAW JUDGE SEEKING DECLARATORY AND INJUNCTIVE RELIEF.

Referred to Committee on Judiciary.

H. 5128 -- Rep. Davenport: A BILL TO AMEND SECTION 20-7-655, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND APPEALS PROCEDURES WHEN THE DEPARTMENT OF SOCIAL SERVICES FINDS UPON INVESTIGATION AN INDICATED CASE OF CHILD ABUSE OR NEGLECT, SO AS TO REQUIRE THE DEPARTMENT TO NOTIFY THE SUBJECT OF THE REPORT OF THE RIGHT TO LEGAL COUNSEL.

Referred to Committee on Judiciary.

H. 5129 -- Reps. Houck, Baxley, J. Wilder, D. Wilder and Rudnick: A BILL TO AMEND ARTICLE 13, CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE


Printed Page 4573 . . . . . Thursday, April 14, 1994

"LEAD POISONING PREVENTION CONTROL ACT", SO AS TO REVISE VARIOUS PROVISIONS OF THE ACT.

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

H. 5130 -- Reps. Law, Williams, Wofford and H. Brown: A BILL TO AMEND ARTICLE 5, CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO PROVIDE FOR PAYMENT OF THE TAX BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS.

Rep. LAW asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. RHOAD objected.

Referred to Committee on Ways and Means.

H. 5131 -- Rep. Hallman: A BILL TO AMEND SECTION 51-13-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO ALLOW THE AUTHORITY TO ESTABLISH FOR-PROFIT OR NOT-FOR-PROFIT CORPORATIONS AS THE AUTHORITY CONSIDERS NECESSARY TO CARRY OUT THE PURPOSES OF ARTICLE 11, CHAPTER 13 OF TITLE 51, PROVIDE THAT OFFICIALS OR EMPLOYEES OF THE AUTHORITY MAY ACT AS OFFICIALS OR EMPLOYEES WITHOUT ADDITIONAL COMPENSATION OF SUCH CORPORATIONS, AND PROVIDE THAT SUCH CORPORATIONS MUST BE CONSIDERED "PUBLIC PROCUREMENT UNITS" FOR PURPOSES OF ARTICLE 19, CHAPTER 35 OF TITLE 11; AND TO AMEND THE 1976 CODE BY ADDING SECTION 51-13-775 SO AS TO PROVIDE THAT ALL PATRIOT'S POINT DEVELOPMENT AUTHORITY FUNDS ON DEPOSIT WITH THE STATE TREASURER SHALL ACCRUE INTEREST FOR THE BENEFIT OF THE AUTHORITY, AND EMPOWER THE AUTHORITY TO USE AND EXPEND THE INTEREST AND ALL OTHER AUTHORITY FUNDS ON DEPOSIT FOR ANY PURPOSE THE AUTHORITY CONSIDERS EXPEDIENT OR NECESSARY WITHOUT HAVING FIRST TO OBTAIN APPROVAL OR PERMISSION.

Referred to Committee on Ways and Means.


Printed Page 4574 . . . . . Thursday, April 14, 1994

H. 5132 -- Reps. Harwell, G. Brown, Hines, Neilson, Kinon and Hodges: A BILL TO AMEND SECTION 44-113-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONS UNDER WHICH A HEALTH CARE PROVIDER MAY REFER A PATIENT TO AN ENTITY IN WHICH THE HEALTH CARE PROVIDER IS AN INVESTOR, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO HEALTH CARE PROVIDERS WHO ARE PERSONALLY INVOLVED IN THE PROVISION, SUPERVISION, OR DIRECTION OF CARE TO THEIR PATIENTS.

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

H. 5133 -- Rep. J. Brown: A JOINT RESOLUTION TO REQUIRE THE HUMAN RESOURCES COORDINATING COUNCIL, IN COOPERATION WITH THE BUDGET AND CONTROL BOARD'S OFFICE OF HUMAN RESOURCES, TO SUBMIT TO THE GENERAL ASSEMBLY A PLAN FOR THE TRAINING OF STATE EMPLOYEES TO DELIVER CERTAIN SERVICES EFFICIENTLY, COST-EFFECTIVELY, AND CROSS-CULTURALLY AND REPORT ANNUALLY ON THE IMPLEMENTATION OF THIS JOINT RESOLUTION.

Referred to Committee on Ways and Means.

H. 5134 -- Rep. Wilkins: A BILL TO AMEND SECTION 5-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERNATE METHOD OF ANNEXATION WHEN AN ENTIRE AREA PROPOSED TO BE ANNEXED IS OWNED BY THE FEDERAL OR STATE GOVERNMENT, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION MUST BE MET BEFORE ANY AREA OWNED BY THE FEDERAL OR STATE GOVERNMENT IS ANNEXED; TO AMEND SECTION 5-3-150 RELATING TO THE METHOD OF ANNEXATION BY WHICH SEVENTY-FIVE PERCENT OF THE FREEHOLDERS OWNING SEVENTY-FIVE PERCENT OF THE ASSESSED VALUE MAY SIGN A PETITION REQUESTING AREA TO BE ANNEXED TO A MUNICIPALITY, SO AS TO PROVIDE THAT AREA BELONGING TO THE FEDERAL OR STATE GOVERNMENT MAY BE ANNEXED UTILIZING THE PROVISIONS OF THE SECTION, AND TO PROVIDE THAT ANY REAL PROPERTY OWNED BY A GOVERNMENTAL ENTITY AND LEASED TO ANY OTHER ENTITY PURSUANT TO A FEE IN LIEU


Printed Page 4575 . . . . . Thursday, April 14, 1994

OF TAXES TRANSACTION PURSUANT TO THE PROVISIONS OF SECTIONS 4-29-67 OR 4-29-69 IS CONSIDERED TO HAVE AN ASSESSED VALUATION EQUAL TO THE ORIGINAL COST TO THE REAL PROPERTY, AND TO PROVIDE THAT THE LESSEE OF REAL PROPERTY PURSUANT TO A FEE IN LIEU OF TAXES TRANSACTION IS THE FREEHOLDER WITH RESPECT TO THE PROPERTY, AND TO PROVIDE THAT FOR PURPOSES OF THIS SECTION, ANY REAL PROPERTY INCLUDED WITHIN A MULTI-COUNTY PARK PURSUANT TO THE PROVISIONS OF SECTION 4-1-170 IS CONSIDERED TO HAVE THE SAME ASSESSED VALUATION THAT IT WOULD HAVE IF THE MULTI-COUNTY PARK DID NOT EXIST.

Referred to Committee on Judiciary.

H. 3958--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 11, Rep. FAIR having the floor.

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.

Rep. FAIR relinquished the floor.

Rep. RICHARDSON moved to adjourn debate upon the Bill until Tuesday, April 19.

Rep. FARR moved to table the motion, which was not agreed to by a division vote of 19 to 54.


Printed Page 4576 . . . . . Thursday, April 14, 1994

The question then recurred to the motion to adjourn debate, which was agreed to.

H. 4838--DEBATE ADJOURNED

Rep. WRIGHT moved to adjourn debate upon the following Bill until Thursday, April 21, 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. 4858--DEBATE ADJOURNED

Rep. MARCHBANKS moved to adjourn debate upon the following Joint Resolution until Thursday, April 21, 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.


Printed Page 4577 . . . . . Thursday, April 14, 1994

H. 4859--DEBATE ADJOURNED

Rep. MARCHBANKS moved to adjourn debate upon the following Joint Resolution until Thursday, April 21, 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.

S. 88--OBJECTIONS

The following Bill was taken up.

S. 88 -- Senators McConnell and Rose: A BILL TO AMEND SECTION 44-41-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING ABORTIONS, SO AS TO CHANGE A REFERENCE IN THE DEFINITION OF HOSPITAL; TO AMEND SECTION 44-41-70, RELATING TO REGULATIONS FOR CERTIFICATION OF HOSPITALS AND OTHER FACILITIES, SO AS TO INCLUDE FACILITIES IN WHICH FIRST TRIMESTER ABORTIONS ARE PERFORMED; TO AMEND SECTION 44-93-100, RELATING TO EXCEPTIONS TO THE EXEMPTION OF SMALL QUANTITY GENERATORS FROM THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO REQUIRE THESE GENERATORS TO MANAGE FETAL REMAINS IN ACCORDANCE WITH THE REQUIREMENTS FOR PATHOLOGICAL WASTE.

Rep. CORNING moved immediate cloture on the entire matter.

Rep. RUDNICK demanded the yeas and nays, which were not ordered.

Immediate cloture was invoked by a division vote of 55 to 37.

Rep. RUDNICK objected to the Bill.

Rep. WILLIAMS moved that upon the completion of the Ratification of Acts, the House stand adjourned.


Printed Page 4578 . . . . . Thursday, April 14, 1994

Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Yeas 40; Nays 57

Those who voted in the affirmative are:

Alexander, M.O.  Anderson         Askins
Bailey, J.       Baxley           Breeland
Canty            Chamblee         Cobb-Hunter
Elliott          Farr             Hines
Hodges           Houck            Inabinett
Kennedy          Keyserling       Kirsh
Martin           Mattos           McKay
McLeod           McMahand         Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Richardson       Riser
Rudnick          Snow             Stille
Sturkie          Thomas           Townsend
Waldrop          White            Wilder, J.
Williams

Total--40

Those who voted in the negative are:

Alexander, T.C.  Allison          Bailey, G.
Baker            Carnell          Cato
Clyborne         Cooper           Corning
Davenport        Delleney         Felder
Gamble           Gonzales         Govan
Harrell          Harrelson        Harris, J.
Harrison         Harwell          Haskins
Huff             Hutson           Keegan
Kelley           Kinon            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       McAbee
McCraw           McTeer           Meacham
Quinn            Robinson         Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Stoddard         Stone            Stuart
Trotter          Tucker           Vaughn

Printed Page 4579 . . . . . Thursday, April 14, 1994

Waites           Walker           Wells
Wilder, D.       Witherspoon      Wofford

Total--57

So, the House refused to adjourn.

Reps. WHITE, WILLIAMS, KEYSERLING, CORNING, QUINN and McMAHAND objected to the Bill.

H. 4884--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

H. 4884 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-165 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH AN INFECTIOUS WASTE PROGRAM FUND TO CARRY OUT THE DEPARTMENT'S RESPONSIBILITIES UNDER THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-160, AS AMENDED, RELATING TO FEES ON TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO TWENTY-FIVE DOLLARS A TON ON ALL WASTE AND TO REMOVE THE FEE DIFFERENTIAL BETWEEN IN-STATE AND OUT-OF-STATE; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT FEES REMAINING AFTER THE FUNDING OF THE INFECTIOUS WASTE PROGRAM FUND MUST BE DEPOSITED IN THE INFECTIOUS WASTE MANAGEMENT FUND.

Rep. ELLIOTT objected to the Bill.

Rep. STURKIE moved to adjourn debate upon the Bill until Thursday, April 21.

Rep. McTEER moved to table the motion, which was not agreed to by a division vote of 34 to 35.

The question then recurred to the motion to adjourn debate, which was agreed to.


| Printed Page 4560, Apr. 14 | Printed Page 4580, Apr. 14 |

Page Finder Index