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 4710, Apr. 19 | Printed Page 4731, Apr. 20 |
Printed Page 4721 . . . . . Tuesday, April 19, 1994

Rep. SIMRILL objected to the Bill.

Rep. HODGES moved to adjourn debate upon the Bill until Wednesday, April 20, which was adopted.

H. 4904--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Joint Resolution until Wednesday, April 20, which was adopted.

H. 4904 -- Reps. J. Wilder and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENTS THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

H. 4664--AMENDED, OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

H. 4664 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-15-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP ON THE STATE BOARD OF DENTISTRY, SO AS TO INCREASE THE NUMBER FROM NINE TO ELEVEN; TO AMEND SECTION 40-15-80, AS AMENDED, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CRITERIA FOR STUDENTS WHO MAY RECEIVE CERTAIN SERVICES FROM HYGIENISTS; TO

Printed Page 4722 . . . . . Tuesday, April 19, 1994
AMEND SECTION 40-15-130, RELATING TO ADVERTISING, SO AS TO SPECIFY WHAT RESTRICTIONS THE BOARD MAY PLACE ON ADVERTISING; TO AMEND SECTION 40-15-140, AS AMENDED, RELATING TO LICENSURE AND REGISTRATION, SO AS TO REQUIRE AN APPLICANT TO PROVIDE NO MORE THAN THREE REFERENCES; AND TO REQUIRE AN APPLICANT FOR REGISTRATION AS A DENTAL TECHNICIAN TO PASS A NATIONAL EXAMINATION; TO AMEND SECTION 40-15-180, RELATING TO COMPLAINTS, SO AS TO PROVIDE THAT HEARING NOTICES MUST BE SENT BY CERTIFIED MAIL; TO AMEND SECTION 40-15-190, RELATING TO DISCIPLINARY GROUNDS, 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 REQUIRE ELECTIONS TO NOMINATE NEW BOARD MEMBERS BEFORE JANUARY 1, 1995; AND TO REAUTHORIZE THE STATE BOARD OF DENTISTRY FOR SIX YEARS.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15941AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 40-15-20(A), (B), (E), (F), and (H) and inserting:

/(A) There is created the State Board of Dentistry (board) to be composed of nine members, one of whom shall must be a lay member from the State at large, one of whom shall must be a dentist from the State at large, one of whom shall must be a dental hygienist from the State at large, and six of whom shall must be dentists representing each of six Congressional Districts.

(B) Dentists shall must be licensed, practicing dentists, and residents of the State and of the Congressional District which they represent. The dental hygienist shall must be a licensed, practicing dental hygienist and resident of the State.

(E) The board shall conduct an election to nominate the dental hygienist when such seat shall be vacant the term is to expire or a vacancy occurs. Such The election shall provide for participation by all dental hygienists currently licensed and residing in South Carolina. The name of the nominee shall must be forwarded to the Governor for appointment.

Printed Page 4723 . . . . . Tuesday, April 19, 1994
The Governor may reject the a nominee upon satisfactory showing as to the unfitness of the nominee. If the Governor declines to appoint any a nominee so submitted, an additional nominees nominee shall must be submitted in the same manner. Vacancies shall be filled in a like manner by appointment by the Governor for the unexpired portion of the term.

(F) No person shall be is eligible for appointment who has a financial interest or serves as an officer in a business organized under the laws of this State to sell dental supplies, equipment, or appurtenances or who is officially connected with a school of dentistry or dental hygiene.

(H) All members of the board have full voting rights except that the lay member is exempt from voting on examinations for licensure and the dental hygienist is exempt from voting on examination for licensure for dentists./

Amend further by deleting Section 40-15-140(B), (C), and (E) and inserting:

/(B) The An application must be received by the board not less fewer than forty-five days before the examination date. An application for registration as an orthodontic technician may be submitted at any time. Each An applicant shall pay to the board a fee as prescribed by it by rules and regulations the board in regulation. Each An applicant for a license to practice dentistry or dental hygiene must satisfactorily pass the examination prepared by the board on subjects and operations pertaining to dentistry that are regularly taught in such accredited schools. The examination must be given either orally or in writing, or by requiring a practical demonstration of the applicant's skill, or by any a combination of such these methods as the board may in its discretion require. The board shall grade each examination and inform the applicant of the result within a reasonable time after the date thereof examination.

(C) The board shall issue a numbered license to each person applicant who passes the dental or dental hygiene examination and a numbered certificate to each person applicant who passes the dental technician examination and to each applicant to be registered as an orthodontic technician. All examination papers must be retained by the board for two years and upon request must be available for inspection by a person examined.

(E) Dental examinations must be given annually by the board and a second examination must be given if there are at least forty applicants for the dental examinaiton. dental Dental hygienist and dental technician examinations must be given at least semiannually by the board./

Amend further by deleting Section 40-15-90(A)(14) and inserting:

Printed Page 4724 . . . . . Tuesday, April 19, 1994
/(14) has been grossly incompetent failed to meet the accepted standard of care in the practice of dentistry, or dental hygiene, or the performance of dental technological work;/

Amend further by deleting Section 7 of the bill.

Renumber subsections to conform.

Amend totals and title to conform.

Rep. CHAMBLEE explained the amendment.

The amendment was then adopted.

Rep. KENNEDY objected to the Bill.

Rep. NEAL proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\CYY\16058AC.94).

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION . Section 40-15-270 of the 1976 Code is amended to read:

"Section 40-15-270. The board may shall grant licenses to licensees of other states who are members of regional testing services of which the board is also a member without further examination and may make all necessary regulations and agreements for the reciprocal recognition of licenses issued by other states, if the licensing requirements of the other states are substantially equivalent to South Carolina's licensing requirements."/

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. KENNEDY moved to adjourn debate upon the Bill until Wednesday, April 20, which was adopted.

S. 1116--DEBATE ADJOURNED

Rep. J. BAILEY moved to adjourn debate upon the following Joint Resolution until Wednesday, April 20, which was adopted.

S. 1116 -- Senators Drummond, Washington, Patterson, Leventis, Peeler and J. Verne Smith: A JOINT RESOLUTION TO REAUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS FOR SIX YEARS.

Printed Page 4725 . . . . . Tuesday, April 19, 1994
Rep. WILKINS moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 12:50 P.M. the House in accordance with the motion of Rep. WALKER adjourned in memory of Carl D. Bruce, father of Reading Clerk, Danny Bruce, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 4726 . . . . . Wednesday, April 20, 1994
Wednesday, April 20, 1994

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Father, without Whose guidance our wisdom is folly, teach us how to be victors in life - not victims of it. Save us from being embittered by ingratitude or pettiness, and from turning coward in the day of battle. As stewards of so many blessings and entrusted with so many opportunities, give us, good Lord, an unfaltering trust, a firm hope, an understanding knowledge, and a will to labor valiantly for the right. May we know that a good conscience is the master key to unlock the pearl of great price.

We pray to our God Who is always near. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HOLT moved that when the House adjourns, it adjourn in memory of Toni Lynn Carnell, daughter of Rep. MARION CARNELL, which was agreed to.

SILENT PRAYER

The House stood in a moment of silent prayer in memory of Toni Lynn Carnell, daughter of Rep. CARNELL.

REPORT OF STANDING COMMITTEE

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

Invitation of The S.C. Victim Assistance Network for a drop-in, April 26, 1994, 10:00 A.M. - 2:00 P.M. in the lobby of the Statehouse.

The invitation was accepted.

Printed Page 4727 . . . . . Wednesday, April 20, 1994
REPORTS OF STANDING COMMITTEES

Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 5021 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4196 -- Reps. Harvin and Whipper: A BILL TO ENACT THE "SOUTH CAROLINA SALE OF CHECKS ACT", PROVIDE FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS ACT BY THE DEPARTMENT OF CONSUMER AFFAIRS, AND PROVIDE FOR RELATED MATTERS, INCLUDING A LICENSING PROCEDURE AND THE PROMULGATION OF REGULATIONS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4576 -- Reps. McLeod and Littlejohn: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 4920 -- Reps. Rudnick, Stone and Sharpe: A BILL TO AMEND SECTION 50-11-703, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE

Printed Page 4728 . . . . . Wednesday, April 20, 1994
OF LIGHTS FROM VEHICLES TO OBSERVE OR HARASS WILDLIFE IN GAME ZONE 1, SO AS TO INCLUDE GAME ZONE 3.

Ordered for consideration tomorrow.

Rep. RHOAD, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 5009 -- Reps. Farr, Snow, McCraw, Littlejohn, Walker, Davenport, Simrill, Rhoad, Stille, Hines, Mattos, Wells, D. Smith, Stone, Kirsh, Delleney, Vaughn, Robinson, Anderson, Allison, Spearman, D. Wilder, Meacham, Baker, Tucker, Fair, Chamblee, Haskins, Graham, Cato, Waldrop, Marchbanks and Carnell: A JOINT RESOLUTION TO PROVIDE FOR AN EXPERIMENTAL RABBIT HUNTING SEASON IN GAME ZONES 1, 2, AND 4.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 3490 -- Reps. Neilson, Farr, G. Bailey, Hines, Corning, Shissias, Hutson, Wells, Jaskwhich, Harrelson, Vaughn, Anderson, Davenport, Chamblee, Allison, Littlejohn, Cato, Stone, Haskins, Fair, Walker, Robinson and Marchbanks: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PARENT RECEIVING CHILD SUPPORT TO MAKE AN ACCOUNTING OF THE EXPENDITURES MADE FROM THE CHILD SUPPORT RECEIVED.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:

H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE

Printed Page 4729 . . . . . Wednesday, April 20, 1994
THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4346 -- Rep. Neilson: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:

H. 4402 -- Reps. Thomas, Rudnick and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4687 -- Reps. Hodges and McElveen: A BILL TO AMEND SECTION 7-15-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO DELETE THE DEFINITIONS "MEMBERS OF THE ARMED FORCES OF THE UNITED STATES", "MEMBERS OF THE MERCHANT MARINE OF THE UNITED STATES", "STUDENTS", AND "PHYSICALLY DISABLED PERSON"; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR VOTING BY ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS AND PROVIDE THAT A PERSON ONLY NEED FOLLOW THE

Printed Page 4730 . . . . . Wednesday, April 20, 1994
PROVISIONS OF ARTICLE 5, CHAPTER 15, TITLE 7 TO QUALIFY TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO ADD A REQUIREMENT THAT MEMBERS OF THE ARMED FORCES AND MERCHANT MARINES OF THE UNITED STATES, THEIR SPOUSES AND DEPENDENTS RESIDING WITH THEM ARE PERMITTED TO USE STANDARD FORM 76 OR ANY SUBSEQUENT FORM REPLACING IT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM REQUIRED FOR APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 7-15-320 WHICH HAVE BEEN DELETED BY THIS ACT, REQUIRE IDENTIFYING INFORMATION ON A FORM PRESCRIBED BY THE EXECUTIVE DIRECTOR AND AN OATH STATING THAT THE APPLICANT IS QUALIFIED TO VOTE AND HAS NOT VOTED DURING THE ELECTION FOR WHICH THE APPLICATION FOR ABSENTEE BALLOT IS SOUGHT; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES TO THE BOARD OF REGISTRATION OF EACH COUNTY BY THE COMMISSIONERS OF ELECTION OF COUNTY OR THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH COUNTY; TO AMEND SECTION 7-15-410, RELATING TO THE ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY BEING RESPONSIBLE FOR CERTAIN ELECTION FUNCTIONS; TO AMEND SECTION 7-15-430, RELATING TO THE REQUIREMENT THAT AN ABSENTEE VOTER MUST BE NOTED ON THE REGISTRATION LISTS, SO AS TO DELETE REFERENCES TO COUNTY COMMITTEES; TO AMEND SECTION 7-15-450, AS AMENDED, RELATING TO THE APPLICATION OF ARTICLE 7, CHAPTER 15, TITLE 7, SO AS TO DELETE REFERENCES TO POLITICAL PARTIES AND ANY OTHER AUTHORITIES HOLDING A PRIMARY OR CONDUCTING AN ELECTION AND THAT THE ARTICLE APPLIES TO ANY AUTHORITY CONDUCTING AN ELECTION; AND TO REPEAL SECTIONS 7-15-250, 7-15-260, AND 7-15-395 RELATING TO THE DUTIES OF, AND EXPENSES INCURRED BY, COUNTY
Printed Page 4731 . . . . . Wednesday, April 20, 1994
COMMITTEES AND POLITICAL PARTIES IN CONDUCTING PRIMARY ELECTIONS.

Ordered for consideration tomorrow.

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