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 4860, Apr. 21 | Printed Page 4880, Apr. 26 |

Printed Page 4870 . . . . . Thursday, April 21, 1994

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

H. 4888 -- Reps. Hodges and Govan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE IV OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION, QUALIFICATIONS, AND TERM OF THE LIEUTENANT GOVERNOR, SO AS TO PROVIDE FOR THE JOINT ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR.

Ordered for consideration tomorrow.

S. 1180--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.

Rep. PHILLIPS proposed the following Amendment No. 1 (L:\council\legis\amend\DKA\3357SD.94), which was adopted.

Amend the joint resolution, as and if amended, by striking SECTION 1.(E).(1), page 4, beginning on line 8, and inserting:

/(1) The Department of Mental Health is responsible for providing mental health counselors, student interns, a supervisory position for the project in the Division of Children, Adolescents, and Their Families,


Printed Page 4871 . . . . . Thursday, April 21, 1994

Department of Mental Health, and basic travel and operating expenses. The personnel and expenses must be paid for with funds made available to the department by the General Assembly for this purpose. The director of the project must be employed on a full time basis and is prohibited from engaging in any other paid employment with the State or any of its political subdivisions./

Amend further, by striking SECTION 1.(E)(3), page 4, beginning on line 18, and inserting:

/(3) The departments are required to use Medicaid reimbursement to off-set the cost to the State. The departments are required to consult with the Health and Human Services Finance Commission, to be known as the Department of Health and Human Services, July 1, 1995, to estimate the resulting revenue as a result of services as a match for federal Medicaid reimbursement. The designated centers and schools are required to explore ways of redirecting or expanding support other than state funds. The department shall use a strategy to maximize the probability of federal or foundation, or both, funding. Notwithstanding another provision of law, any patient fees collected through the project must be used to offset the cost to the State./

Amend title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.

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

S. 1180--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 1180 be read the third time tomorrow.

H. 4864--DEBATE ADJOURNED

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

H. 4864 -- Rep. Richardson: A BILL TO AMEND SECTION 59-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OR DIVISION OF SCHOOL DISTRICTS, SO AS TO PROVIDE THAT IF CERTAIN PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS


Printed Page 4872 . . . . . Thursday, April 21, 1994

CONCERNED IN THE MANNER STIPULATED IN THE PETITION, AND TO PROVIDE THAT IF CERTAIN OTHER PETITION REQUIREMENTS ARE SATISFIED, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO CALL THE REFERENDUMS CONCERNING THE ALTERATION OR DIVISION OF THE AFFECTED SCHOOL DISTRICTS, AND IF THE RESULTS OF THE REFERENDUMS ARE FAVORABLE IN EACH OF THE SCHOOL DISTRICTS, THE COUNTY BOARD OF EDUCATION IS REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS IN THE MANNER STIPULATED.

ORDERED TO THIRD READING

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

H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, AND TO PROVIDE PENALTIES.

H. 4376 -- Reps. Kirsh and Rudnick: A BILL TO AMEND SECTION 12-39-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE COUNTY AUDITOR IN LEVYING PROPERTY TAXES, SO AS TO PROVIDE THAT THE MINIMUM ASSESSMENT OF TWENTY DOLLARS ON ALL TAXABLE PROPERTY APPLIES ONLY WITH RESPECT TO PERSONAL PROPERTY WHERE NO HIGHER MINIMUM ASSESSMENT IS IMPOSED.

H. 4755 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF ANNUAL LEAVE ALLOWED STATE EMPLOYEES, SO AS TO DELETE THE PROVISION LIMITING THE MAXIMUM ANNUAL LEAVE ALLOWED IN ONE YEAR TO THIRTY DAYS.

Rep. ROGERS explained the Bill.


Printed Page 4873 . . . . . Thursday, April 21, 1994

H. 4878--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 4878 be read the third time tomorrow.

H. 4247--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4247 -- Rep. Baxley: A BILL TO AMEND SECTION 56-3-375, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION AND LICENSING OF MOTOR VEHICLES, SO AS TO PROVIDE FOR PRORATION OF THE FEES.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7770BDW.94), which was adopted.

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

/SECTION 1. The 1976 Code is amended by adding:

"Section 56-3-370. A person is not required to maintain registration and licensing for a vehicle that is not operated, is in storage, or is inoperable. If a person subsequently registers and licenses this vehicle, the property tax period for the vehicle begins at that time."

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. BAXLEY explained the amendment.

The amendment was then adopted.

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

H. 4911--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO


Printed Page 4874 . . . . . Thursday, April 21, 1994

STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.

Rep. McABEE explained the Bill.

Rep. TOWNSEND moved that the House do now adjourn, which was adopted by a division vote of 50 to 36.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5152 -- Rep. Rogers: A CONCURRENT RESOLUTION COMMENDING PROFESSOR WILLIAM MOULD OF COLUMBIA FOR HIS OUTSTANDING TEACHING CAREER AT THE UNIVERSITY OF SOUTH CAROLINA, INCLUDING HIS LEADERSHIP OF USC'S HONORS COLLEGE.

H. 5153 -- Rep. Rogers: A CONCURRENT RESOLUTION CONGRATULATING MR. DANA BEACH, FOUNDER AND DIRECTOR OF THE SOUTH CAROLINA COASTAL CONSERVATION LEAGUE, ON RECEIVING THE STATE'S 1993 ENVIRONMENTAL AWARENESS AWARD.

ADJOURNMENT

At 12:00 Noon the House in accordance with the motion of Rep. KINON adjourned in memory of Roxie Lee of Dillon County, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 4875 . . . . . Friday, April 22, 1994

Friday, April 22, 1994

(Local 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:

Cause us, Lord God, to always see You as our unfailing friend, our ever present help and as our everlasting hope. Without Your guidance, we walk in darkness. In this day of opportunity and challenge, forbid that we should fail to heed Your beckoning. Shatter our delusions, shine through our blindness, shame our efforts when they are less than the best. Through our shared blood, sweat and tears make of us defenders of the things that have made our Country great, and that through us Your truths go marching on.

Amen.

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

SENT TO THE SENATE

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

H. 5146 -- Rep. Whipper: A BILL TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES.

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


Printed Page 4876 . . . . . Friday, April 22, 1994

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.

H. 4878 -- Reps. Harrell, Law, A. Young, Wofford, Thomas, Graham, Clyborne, J. Brown, Cobb-Hunter, Wilkins and Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-387 SO AS TO MAKE IT UNLAWFUL TO EMPLOY A PERSON UNDER THE AGE OF EIGHTEEN YEARS TO APPEAR IN A STATE OF SEXUALLY EXPLICIT NUDITY IN A PUBLIC PLACE, AND TO PROVIDE PENALTIES.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 796 -- Senator Leventis: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EGGS, SO AS TO REVISE THE RESTRICTIONS, REQUIREMENTS, AND PENALTIES ON THE LABELING AND MARKETING OF EGGS; AND TO REPEAL ARTICLE 1, CHAPTER 39, TITLE 39, RELATING TO THE SALE OF EGGS AND BABY CHICKS.

S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.

S. 1196 -- Senators Rankin and Elliott: A BILL TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS TO AUTHORIZE THE CREATION OF A REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, AND TO PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, ITS POWERS, DUTIES, AND RESPONSIBILITIES.


Printed Page 4877 . . . . . Friday, April 22, 1994

ADJOURNMENT

At 10:30 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, April 26.

* * *


Printed Page 4878 . . . . . Tuesday, April 26, 1994

Tuesday, April 26, 1994

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Gracious God, how strange it is that we so often expect forgiveness from those around, but find it difficult to forgive others. As You, Lord, constantly and abundantly love, forgive and accept us, may that Your image shine forth in us. Keep us in full control of ourselves not only in times of great stress, but also when a lot of little frustrations pile up on us. When our spirits become low and we feel as though we cannot take another step, grant us a double portion of strength, stamina, a firm and steadfast will - powerful tools in building a better world.

May we go in peace, serving the Lord. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. FARR moved that when the House adjourns, it adjourn in memory of Nina W. Skelton of Union, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 21, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 772:
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


Printed Page 4879 . . . . . Tuesday, April 26, 1994

SUCH AUTHORITY EXERCISES EXTRATERRITORIAL POWERS WITHIN THE COUNTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 21, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 372, H. 4690 by a vote of 44 to 0.
(R372) H. 4690 -- Reps. Gamble, Stuart, Wright and Riser: AN ACT TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO DECREASE FROM FIVE TO FOUR THE TERMS OF A MEMBER OF THE COMMISSION, PROVIDE THAT A MEMBER MAY NOT SERVE MORE THAN TWO CONSECUTIVE TERMS, PROVIDE THAT A MEMBER SERVING ON JULY 1, 1994, MAY SERVE UNTIL THE EXPIRATION OF THE TERM FOR WHICH HE WAS ELECTED AND MAY SERVE TWO ADDITIONAL TERMS, AND PROVIDE THAT ANY MEMBER MAY BE REMOVED BY THE APPOINTING AUTHORITY FOR THE NEGLECT OF DUTY, MISCONDUCT, OR MALFEASANCE IN OFFICE AFTER BEING GIVEN A WRITTEN STATEMENT OF REASONS AND AN OPPORTUNITY TO BE HEARD.
Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE


Printed Page 4880 . . . . . Tuesday, April 26, 1994

PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.

Ordered for consideration tomorrow.


| Printed Page 4860, Apr. 21 | Printed Page 4880, Apr. 26 |

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