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 4770, Apr. 20 | Printed Page 4790, Apr. 20 |
Printed Page 4780 . . . . . Wednesday, April 20, 1994
Reps. WALDROP and J. BAILEY proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16078AC.94), which was tabled.

Amend the joint resolution, as and if amended, by adding appropriately numbered sections to read:

/SECTION . The 1976 Code is amended by adding:

"Section 40-45-270. Nothing in this chapter may be construed to create a right in a physical therapist or physical therapist assistant to:

(1) have paid to the therapist or therapist assistant a benefit under:

(a) a self-funded plan providing health benefits to residents of this State;

(b) any accident and health insurance provided to residents of this State; or

(c) any plan of operations established by a health maintenance organization licensed in the State; or

(2) have a claim against a third party payor, however situated."

SECTION . Section 40-45-20 of the 1976 Code is amended to read:

"Section 40-45-20. In As used in this chapter, unless the context otherwise requires, the following definitions shall have the following meaning:

(1) `Physical therapy' shall mean means the evaluation and treatment of any a bodily or mental condition of any a person by the use of physical, chemical, or mechanical agents, the properties of heat, light, water, electricity, massage, sound, and therapeutic exercises, including rehabilitation procedures, all under the prescription of a licensed doctor of medicine or dentistry. Without a prescription a physical therapist may conduct a one-time physical therapy evaluation on an individual. The use of roentgen rays and radium for diagnostic or therapeutic purposes, the use of electricity for surgical purposes, including cauterization and colonic irrigations, are not authorized under the term `physical therapy' as used in this chapter.

(2) `Physical therapist' shall mean means a person who practices physical therapy.

(3) `Physical therapist assistant' shall mean means a person who assists a physical therapist and whose activities require an understanding of physical therapy but do not require advanced training in the anatomical, biological, and physical sciences involved in the practice of physical therapy.

(4) `Prescription' shall mean means the written designation or oral designation later confirmed in writing of physical therapy treatment by a

Printed Page 4781 . . . . . Wednesday, April 20, 1994
licensed doctor of medicine or dentistry and the instruction therefor for physical therapy may be as detailed or as general as the doctor in his sound discretion deems considers necessary in the particular case.

(5) `Board' shall mean means the State Board of Physical Therapy Examiners."

SECTION . Section 40-45-200 of the 1976 Code, as last amended by Act 85 of 1993, is further amended to read:

"Section 40-45-200. The board, after due notice and hearing, may refuse to register any an applicant and may refuse to or renew the registration of any a registered person, and may suspend or revoke the registration of any a registered person who:

(1) Who is habitually drunk or who is addicted to the use of narcotic drugs or hallucinogenic agents;

(2) Who has been convicted of violating any a state or federal narcotic law;

(3) Who is, in the judgment of the board, guilty of immoral or unprofessional conduct;

(4) Who has been convicted of any a crime involving moral turpitude;

(5) Who is guilty, in the judgment of the board, of gross negligence in his practice practicing as a physical therapist or as a physical therapy assistant;

(6) Who has obtained or attempted to obtain registration by fraud or material misrepresentation or who has made any other false statement to the board;

(7) Who has been declared mentally incompetent by a court of competent jurisdiction and subsequently has not thereafter been declared sane;

(8) Who has treated or undertaken to treat human ailments otherwise other than by physical therapy as defined in this chapter, or who has undertaken to practice treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry; or

(9) Who has failed or refused to obey any a lawful order or regulation of the board.;

(10) Who knowingly aided, assisted, procured, or advised a person to practice physical therapy contrary to this section or to the regulations of the board; or knowingly performed an act which aids, assists, procures, or advises an unlicensed person to practice physical therapy.;

(11) Who has violated the code of ethics promulgated by the board."

Printed Page 4782 . . . . . Wednesday, April 20, 1994
SECTION . Section 40-45-220 of the 1976 Code is amended to read:

"Section 40-45-220. A person registered under this chapter as a physical therapist shall may not treat human aliments ailments otherwise other than by physical therapy as defined in this chapter or undertake to practice treat by physical therapy independent of the prescription of a licensed doctor of medicine or dentistry. Nothing in this chapter shall may be construed as authorizing a registered physical therapist, or any other person to practice medicine, surgery, osteopathy, homeopathy, chiropractics, naturopathy, magnetic healing, or any other form, branch, or method of healing as authorized by the laws of this State. A person registered under this chapter as a physical therapist assistant shall perform his these duties only after the initial examination and evaluation of the patient by a registered physical therapist, with the requirement of periodic reexamination and reevaluation of the patient and his the patient's treatment program by such the registered physical therapist, at frequent intervals, not less than after every seventh treatment given by the assistant. Any A person violating the provisions of this section shall be is guilty of a misdemeanor and, upon conviction, by a court of competent jurisdiction, shall must be punished as set out in Section 40-47-260 fined not more than one thousand dollars or imprisoned not more than two years, or both. Each violation constitutes a separate offense. This section applies to a corporation, association, or person aiding or abetting in violation of this section."/

Renumber sections to conform.

Amend title to conform.

Rep. LANFORD moved to table the amendment, which was agreed to.

The Joint Resolution was read the second time and ordered to third reading.

H. 3154--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3154 -- Reps. J. Brown, G. Brown, Rogers, Byrd, Inabinett, Kennedy, Wofford, McLeod, Hines, Stone, Meacham, Lanford, Simrill and Wilkins: A BILL TO AMEND SECTION 16-11-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ROBBERY OF OPERATORS OF MOTOR VEHICLES FOR HIRE, SO AS TO INCREASE THE PENALTY FOR A VIOLATION, TO PROHIBIT

Printed Page 4783 . . . . . Wednesday, April 20, 1994
PAROLE UNTIL A MINIMUM TERM HAS BEEN SERVED, AND TO PROHIBIT SUSPENSION OF THE SENTENCE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20713SD.94), which was adopted.

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

/SECTION 1. Section 16-11-370 of the 1976 Code is amended to read:

"Section 16-11-370. Notwithstanding any provisions of the law to the contrary, any person who may hereafter, by way of threat, torture or the exhibition of a deadly weapon, or the discharge of a pistol or gun, attempt the robbery of, or shall rob, any person engaged in the performance of his duties as an operator of a motor vehicle being used for the transportation of passengers for hire shall be deemed guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than twenty- five years, in the discretion of the court. A person who, while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon, robs or attempts the robbery of a person engaged in the performance of his duties as an operator of a motor vehicle being used for the transportation of passengers for hire is guilty of a felony and, upon conviction, must be sentenced as provided by Section 16-11-330."

SECTION 2. The 1976 Code is amended by adding:

"Section 16-11-345. The cardboard placard described in Section 16-11- 340 also shall be provided to operators of motor vehicles being used for the transportation of passengers for hire by the Department of Revenue and Taxation. The size of the placard for this purpose shall be approximately two and one-half inches by five and one-half inches with appropriately sized letters. The placard shall be prominently displayed in the operator's vehicle."

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

Printed Page 4784 . . . . . Wednesday, April 20, 1994
ORDERED TO THIRD READING

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

H. 5018 -- Rep. J. Wilder: A BILL TO AMEND SECTION 59-32-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPREHENSIVE HEALTH EDUCATION ACT DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "FAMILY LIFE EDUCATION" TO INCLUDE PARENTING SKILLS, AND TO AMEND SECTION 59-32-30, RELATING TO IMPLEMENTATION, GUIDELINES, AND RESTRICTIONS ON THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, SO AS TO REQUIRE FAMILY LIFE EDUCATION FOR CERTAIN GRADE LEVELS.

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 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.

H. 4407 -- Rep. Hutson: A BILL TO AMEND SECTION 44-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEONATAL TESTING OF CHILDREN, SO AS TO PROVIDE FOR STORAGE REQUIREMENTS FOR BLOOD SAMPLES USED IN THESE TESTS, FUTURE AVAILABILITY OF THESE SAMPLES FOR TESTING, AND CONFIDENTIALITY OF INFORMATION.

Rep. HOUCK explained the Bill.

S. 1071 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE PHARMACY ACT INCLUDING THE DEFINITION OF "PRACTITIONER" AS ONE LICENSED TO PRESCRIBE DRUGS, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AND THERAPEUTICALLY CERTIFIED OPTOMETRISTS.

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H. 4773 -- Reps. Sharpe, Koon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-20-55 SO AS TO PROVIDE FOR THE GENERAL PERMITTING OF CERTAIN MINING ACTIVITIES; AND TO AMEND SECTION 48-20-220, RELATING TO RESTRAINING ORDERS, INJUNCTIONS, AND CIVIL PENALTIES PERTAINING TO VIOLATIONS BY EXPLORERS AND MINERS, SO AS TO AUTHORIZE CEASE AND DESIST ORDERS AND CIVIL PENALTIES FOR NOT COMPLYING WITH THE REQUIREMENTS OF A GENERAL PERMIT.

Rep. SHARPE explained the Bill.

S. 226--DEBATE ADJOURNED

Rep. WALKER moved to adjourn debate upon the following Bill until Wednesday, April 27, which was adopted.

S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.

S. 1292--TABLED

The following Joint Resolution was taken up.

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.

Rep. RISER moved to table the Joint Resolution, which was agreed to.

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Further proceedings were interrupted by the Joint Assembly.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ADDRESS BY CHIEF JUSTICE DAVID W. HARWELL

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4989 -- Reps. Sheheen, Wilkins and Hodges: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE DAVID W. HARWELL, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, APRIL 20, 1994.

Chief Justice David W. Harwell and distinguished party were escorted to the rostrum by Senators Holland, Thomas, Mitchell and Bryan and Representatives HARWELL, CROMER, WILKINS and COBB-HUNTER.

The President of the Senate introduced Chief Justice Harwell.

Chief Justice Harwell addressed the Joint Assembly as follows:

"Thank you very much Lt. Governor... Before I begin my formal remarks, I would like to take this opportunity to thank you for your thoughts and prayers during my recent illness. I am happy to tell you that I have made a good recovery and I look forward now to many more active years. Mr. President, Mr. Speaker, Members of the General Assembly, Justices, Judges and friends... Today is the third and final time I will stand before this Joint Assembly. It has been an honor to serve South Carolina, and a privilege I will long remember. I have given much but have received far more. Everywhere I go, I'm proud to say I'm a South Carolinian and especially proud to have been a part of your legislative and judicial branches of government. Go where you will, regardless of what some newspaper and editors might think or say; search throughout all fifty states and you will not fine a better judicial system. The quality of our

Printed Page 4787 . . . . . Wednesday, April 20, 1994
judiciary, the unique ability to rotate judges where they are needed makes our court system the finest any chief justice could have the pleasure of leading. However, from my vantage point, I see things about our judicial system that may not be visible to the casual observer. I see things, that if left unattended, may erode our citizens' faith in our criminal justice system. Crime and public safety have always been important issues. Today, we are constantly reminded through polls that our citizens are demanding action be taken to ensure that their homes, schools and neighborhoods are safe. Too often, we take the short- term view and pass legislation that simply increases the penalty for a particular crime in hopes it will defer crime and pacify public outcry. Instead, we need to do two things, first, look long-term and second, work on comprehensive solutions instead of piece meal quick fixes. The General Assembly sets out what is important. The state's priorities are established through the budget. The items you consider important are funded; the others are not. The courts, prosecution, indigent defense and law enforcement have not done well in the budget over the past several years. The General Assembly has addressed several major criminal justice issues this year. Your committees have worked to put together major Bills that are now under consideration. This experience has helped to focus attention on the complexity and necessity of dealing with crime and punishment in a comprehensive fashion. This State needs a comprehensive policy to guide our thinking in how we can best utilize our limited tax dollars and criminal justice resources. I submit to you that if this General Assembly is really interested in addressing public safety issues, and how we can have the different parts of our criminal justice system function in harmony with each other, you will adequately staff and fund the Sentencing Guidelines Commission chaired by Representative David Wilkins. Let them prepare a blueprint on how the system should work. Wilkins' commission has the criminal justice leadership as members. It has judges, legislators, attorneys and others who help shape and carry out criminal justice policy. They can comprehensively address issues involving prison overcrowding, alternative sanctions, truth in sentencing, sentencing guidelines and how our total criminal justice budget might be more effectively utilized. A few dollars invested in this commission will pay off handsomely in savings over the years. If our criminal justice system operated the way it should, it would look something like this. On the criminal side, cases would be disposed of within 180 days. SLED would have funds for their lab to process evidence; prosecution and particularly indigent defense would have adequate staff to handle the increase in criminal cases, and finally we would have funds to rotate judges where they are needed. The county
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jails would not back-up and defendants would be quickly processed because we have the evidence, staff and adequate terms of court. Judges would have guidance on what alternative programs are best suited for a particular type of criminal. Similar sentences would be given for similar crimes and a sentence would mean what it says. Our prisons would contain criminals who commit serious crimes or have a history of criminal activity. Non-violent offenders and those convicted of minor crimes would be placed in less costly alternative programs. All of this is within our grasp if we do a little comprehensive planning. Instead of costing money, we will probably find out the improvements in effectiveness actually save money. The savings generated by using our system wisely could be reallocated toward programs involving our at-risk youth, their families, job training, summer programs, adult literacy, teenage pregnancy and alcohol or drug treatment program. These are things that reduce crime and give us the prison space we need to put serious criminals away for long periods of time. If we were to run our system like it should be, then it would begin with getting the most out of what we have and working hard to make sure in the future we have fewer of our citizens at risk, not more. Knee jerk reactions to crime issues may satisfy election year rhetoric, but they are expensive and will not reduce crime or ensure public safety. The youths of today are our future. We now spend $27,000 per child to incarcerate and $3,000 per child to educate. It is cheaper to train than to chain. We need solutions to help educate. I draw your attention to the report of the Juvenile Justice Task Force chaired by Justice Toal. Within this report you will see the problems and numerous solutions that could help turn the tide and prevent our troubled youth from becoming our trouble adult criminals. I hope you will give this report your careful attention as you continue to deal with juvenile justice issues. During the years I served as Chief Justice, our State faced a severe recession. Funds were scarce. The recession reminded us that during difficult times you must be innovative and willing to rethink how the system should work. Someone once said, the only difference between a rut and a grave is the length of the hole. If anything good can be said about the recession, it is that we were forced to get out of the rut. I'm pleased with what is taking place. I have established a bench/bar committee made up of judges from all levels and attorneys from different backgrounds and regions. This committee has been an excellent sounding board on how new programs would work in courts throughout our State. It also serves as a good communication link for gathering information on how the system is working. Small problems are resolved while they are still fresh and easily handled. I would like to publicly thank them for
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their voluntary assistance in helping me run the judicial branch of government. Last year, we sought the General Assembly's help in passing legislation which required every magistrate to take and pass a certification exam. One half of our magistrates will be certified in 1994 and the other half by the end of 1995. These exams will help ensure every magistrate has a fundamental understanding of the information needed to render fair and just decisions within their courts. Building upon this educational process in the not too distant future, I believe we can increase a magistrate's criminal and civil jurisdiction so cases can be moved from the circuit to the magistrates court. Moving cases out of circuit court will help unclog the dockets and since you will have nearly 300 magistrates working on cases now handled by 40 circuit judges, the disposition of these cases should speed up. Magistrates are a valuable part of our judicial system. Most of them are not lawyers. If given the training, they can and should play an expanded role in dealing with the state's rising caseload. This summer other new initiatives will be started to help dispose of cases more efficiently. Arbitration and mediation are programs designed to give litigants an opportunity to seek a non-court option to resolve their dispute. Trained arbitrators and mediators will be at work to help alleviate crowded court dockets. Using carefully crafted guidelines, many types of civil and family court matters can be dealt with outside of the courtroom saving scarce and expensive court time. Studies show that 80 to 90 percent of the cases which go through the arbitration/mediation process do not end up in court. I list arbitration/mediation and magistrate training as three of our most important accomplishments. They cost very little and have the potential of saving the taxpayer and litigants time and money. The shortage of rotation funds required that I rethink how we utilized our judicial workforce. I put into place two new managerial approaches. The first was regional rotation, which meant the State was divided into four regions and judges served longer within their region. They move around less and for shorter distances. This help cut cost and helped morale by reducing burnout. Long periods of travel coupled with staggering caseloads take their toal. Our judiciary is relatively young and regional rotation allows more time with families and less travel also saves money. Regional rotation also allows me to assign one judge to handle complex litigation from beginning to end. This beginning to end case handling helps to reduce the time and cost to litigants, county and the State. One judge becomes familiar with all parts of the case and remains available throughout the case's journey from filing to disposition. The program which received the most attention in the media was cameras in the

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