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 4890, Apr. 26 | Printed Page 4910, Apr. 27 |
Printed Page 4900 . . . . . Tuesday, April 26, 1994
SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend 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.

RECURRENCE TO THE MORNING HOUR

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

Printed Page 4901 . . . . . Tuesday, April 26, 1994
HOUSE RESOLUTION

The following was introduced:

H. 5157 -- Reps. Keyserling and Richardson: A HOUSE RESOLUTION TO COMMEND GOVERNOR CAMPBELL, SENATOR THURMOND, AND SENATOR HOLLINGS FOR TAKING A STRONG STANCE AGAINST SOUTH CAROLINA BECOMING THE WORLD'S NUCLEAR DUMPING GROUND AND TO EXPRESS ITS EXTREME DISAPPOINTMENT AND DISMAY THAT THE PRESIDENT OF THE UNITED STATES AND THE UNITED STATES DEPARTMENT OF ENERGY HAVE ADOPTED A POLICY OF SENDING INTERNATIONAL NUCLEAR WASTE TO THE SAVANNAH RIVER SITE, RATHER THAN A SITE THAT IS SUPERIOR IN TERMS OF EQUITY, FAIRNESS, AND ENVIRONMENTAL RISK.

Whereas, the President of the United States and the United States Department of Energy propose to make the Savannah River Site the repository for large amounts of high-level nuclear waste generated in foreign countries throughout the world; and

Whereas, the House of Representatives has previously gone on record opposing monitored retrievable storage of the nation's high-level nuclear waste at the Savannah River Site; and

Whereas, the chemical separation process conducted at the Savannah River Site to extract uranium and plutonium from irradiated reactor fuel and targets, which began forty years ago, has already resulted in the storage of thirty-three million gallons of highly radioactive liquid waste in South Carolina which originally was to remain in South Carolina for only ten years; and

Whereas, South Carolina has already absorbed far more than its fair share of the nation's nuclear waste; and

Whereas, there are many sites in the western United States that are far less environmentally sensitive than the Savannah River basin; and

Whereas, the biggest private investment in South Carolina's history will be the construction of a retirement community downstream of the Savannah River Site and dependent on the purity of the Savannah River for its drinking water supply; and

Whereas, designation as the world's nuclear dumping ground will harm the state's ability to attract tourists, retirees, and new business and industry; and

Whereas, the federal government has already caused the State of South Carolina to suffer economically by assigning the State a disproportionate amount of defense-related cutbacks. Now, therefore,

Printed Page 4902 . . . . . Tuesday, April 26, 1994
Be it resolved by the House of Representatives:

That the House of Representatives of the State of South Carolina commends Governor Campbell, Senator Thurmond, and Senator Hollings for taking a strong stance against South Carolina becoming the world's nuclear dumping ground and expresses its extreme disappointment and dismay that the President of the United States and the United States Department of Energy have adopted a policy of sending international nuclear waste to the Savannah River Site, rather than a site that is superior in terms of equity, fairness, and environmental risk.

Be it further resolved that a copy of this resolution be forwarded to Governor Campbell, Senator Thurmond, Senator Hollings, the President, and the Secretary of the Department of Energy.

The Resolution was adopted.

S. 914--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 914 -- Senator Courtney: A BILL TO AMEND SECTION 16-3-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV), SO AS TO PROVIDE THAT THE SOLICITOR SHALL ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF CERTAIN SEX OFFENSES, AND TO PROVIDE FURTHER THAT UPON THE SOLICITOR'S REQUEST OR UPON THE COURT'S OWN MOTION, THE COURT MAY ORDER TESTS FOR SEXUALLY TRANSMITTED DISEASES FOR ANY PERSON CONVICTED OF A CRIMINAL OFFENSE.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15977AC.94), which was adopted.

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

/SECTION 1. Section 16-3-740 of the 1976 Code, as added by Act 490 of 1988, is amended to read:

"Section 16-3-740. Within fifteen days of the conviction of any a person or adjudication of a juvenile under state law for a crime involving sexual battery as defined in Section 16-3-651 or sexual conduct as defined in Section 16-3-800, if the conduct results in the exposure of the victim to

Printed Page 4903 . . . . . Tuesday, April 26, 1994
blood or vaginal or seminal fluids of the convicted offender, at the request of the victim or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated, the solicitor shall require that the convicted offender or adjudicated juvenile offender be tested for Hepatitis B, Syphilis, and Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test tests must be administered by the local public health authority or the medical professional at the prison or juvenile detention center where the convicted offender or adjudicated juvenile offender is imprisoned or detained. The results of the test tests must be reported to the South Carolina Department of Health and Environmental Control and to the solicitor who ordered the test tests. The solicitor shall notify the victim, or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated and the convicted sexual offender, or adjudicated juvenile offender and the juvenile offender's parent or guardian of the tests results. The solicitor also shall provide to the Department of Corrections or Department of Juvenile Justice the results of a Hepatitis B or Syphilis test which indicates that the offender or adjudicated juvenile is infected with the disease and the results of a Human Immunodeficiency Virus test which indicates that the convicted offender or adjudicated juvenile offender is infected with the Human Immunodeficiency Virus. The Department of Corrections or Department of Juvenile Justice shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detection center. The convicted offender or adjudicated juvenile offender shall pay for the test tests unless he the offender is indigent, in which case the cost of the test tests must be paid by the state. If the Hepatitis B or Syphilis test indicates exposure to the disease or if the Human Immunodeficiency Virus test indicates exposure to Acquired Immunodeficiency Syndrome (AIDS) or to the Human Immunodeficiency Virus, the Department of Health and Environmental Control shall provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding the disease or syndrome or virus, testing for the victim at the victim's request, and referral for appropriate health care and support services."

SECTION 2. Section 16-15-255 of the 1976 Code, as added by Act 490 of 1988, is amended to read:

"Section 16-15-255. Upon the conviction of any a person or adjudication of a juvenile under state law for a violation of Section 16-15-90, 16-15-100, 16-15-120, or 16-15-140, if the violation results in

Printed Page 4904 . . . . . Tuesday, April 26, 1994
the exposure of the victim to blood or vaginal or seminal fluids of the convicted offender, the convicted offender or adjudicated juvenile offender, at the request of the victim or the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated, must be tested for Hepatitis B, Syphilis, and Human Immunodeficiency Virus (HIV), the virus that causes Acquired Immunodeficiency Syndrome (AIDS). The test tests must be administered by the local public health authority or the medical professional at the prison or juvenile detention center if the convicted offender or adjudicated juvenile offender is imprisoned or detained. The results of the test tests must be reported to the South Carolina Department of Health and Environmental Control, and to the solicitor who ordered the tests. The solicitor shall notify the convicted offender, or adjudicated juvenile offender and the juvenile's parent or guardian and to any person who may have been exposed as a direct result of the act leading to the conviction or adjudication and the parent or guardian of a victim who is a minor or is mentally retarded or mentally incapacitated. The solicitor also shall provide to the Department of Corrections or Department of Juvenile Justice the results of a Hepatitis B or Syphilis test which indicates that the offender or adjudicated juvenile is infected with the disease and the results of a Human Immunodeficiency Virus test conducted pursuant to this section which indicates that the convicted offender or adjudicated juvenile offender is infected with the Human Immunodeficiency Virus. The Department of Corrections or Department of Juvenile Justice shall use this information solely for the purpose of providing medical treatment to the convicted offender or adjudicated juvenile offender while incarcerated in a state penitentiary or correctional institution, county jail, or juvenile detection center. The convicted offender or adjudicated juvenile offender shall pay for the test tests unless he the offender is indigent, in which case the cost of the test tests must be paid by the State. If the Hepatitis B or Syphilis test indicates exposure to the disease or if the Human Immunodeficiency Virus test indicates exposure to Acquired Immunodeficiency Syndrome (AIDS) or to the Human Immunodeficiency Virus, the Department of Health and Environmental Control shall provide counseling to the victim and the convicted offender or adjudicated juvenile offender regarding the disease or syndrome or virus, testing for the victim at the victim's request, and referral for appropriate health care and support services."

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

Renumber sections to conform.

Amend title to conform.

Printed Page 4905 . . . . . Tuesday, April 26, 1994
Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H. 5037--INTERRUPTED DEBATE

The following Bill was taken up.

H. 5037 -- Ways and Means Committee: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; AND TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY.

Rep. McABEE explained the Bill.

Rep. HODGES moved that the House do now adjourn, which was adopted.

Printed Page 4906 . . . . . Tuesday, April 26, 1994
Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Rep. McABEE having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5147 -- Rep. Waites: A CONCURRENT RESOLUTION TO RECOGNIZE THURSDAY, APRIL 28, 1994, AS "TAKE OUR DAUGHTERS TO WORK DAY" AND TO COMMEND EMPLOYERS AND THOSE PARTICIPATING FOR CREATING AN OPPORTUNITY FOR YOUNG WOMEN TO BEGIN LOOKING TO THEIR FUTURES IN THE WORK FORCE WITH REALISM AND OPTIMISM.

ADJOURNMENT

At 12:58 P.M. the House in accordance with the motion of Rep. FARR adjourned in memory of Nina W. Skelton of Union, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 4907 . . . . . Wednesday, April 27, 1994
Wednesday, April 27, 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:

Almighty and Eternal God, as we this day join our fellow Americans in a day of mourning at the death of this Country's 37th President, cause us to realize anew that the lives we live influence others. So in our places of government leadership here, give us firm beliefs, sound faith, courage without parallel - yet a handshake that is charitable, a heart overflowing with friendliness and a determination to reach out and touch others with good. In a day when darkness exists, make us among those who light and hold high a candle of understanding and good will.

Keep us marching onward in the army of Your truths. 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.

S. 1021--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 26, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1021:
S. 1021 -- Senator Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE THAT RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON MUST FIRST BE FROM THE ARRESTED PERSON'S INSURANCE OR FINANCIAL RESOURCES AND THEN FROM GOVERNMENT FUNDS.
Very respectfully,
President

Printed Page 4908 . . . . . Wednesday, April 27, 1994
On motion of Rep. LANFORD, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. LANFORD, CANTY and WALDROP to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 26, 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. 1180:
S. 1180 -- Senators Bryan, Elliott, Washington, Hayes, Jackson and Thomas: A JOINT RESOLUTION TO ESTABLISH A PILOT PROJECT FOR SCHOOL-BASED COUNSELING SERVICES.
and has ordered the Joint Resolution Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., April 26, 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 H. 4458:
H. 4458 -- Reps. Boan, Hodges, Clyborne and Kirsh: A BILL TO AMEND SECTION 1-30-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA REAL ESTATE COMMISSION WITHIN THE LIST OF PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS INCORPORATED IN AND ADMINISTERED AS PART OF THE DEPARTMENT AND TO CORRECT CERTAIN REFERENCES TO OTHER PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS UNDER THE DEPARTMENT; TO AMEND SECTIONS 40-57-20, AS AMENDED, 40-57-50, 40-57-80, 40-57-90, AS AMENDED, 40-57-100, AS AMENDED, 40-57-110, AS AMENDED, 40-57-115, 40-57-120, 40-57-140, AS AMENDED, 40-57-155, 40-57-160, AS AMENDED,

Printed Page 4909 . . . . . Wednesday, April 27, 1994
40-57-170, AS AMENDED, 40-57-180, 40-57-190, 40-57-200, 40-57-210, AND 40-57-220, AS AMENDED, RELATING TO REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS, AND SECTIONS 40-60-20, AS AMENDED, 40-60-50, AS AMENDED, 40-60-60, AS AMENDED, 40-60-100, AS AMENDED, 40-60-120, AS AMENDED, 40-60-160, AS AMENDED, AND 40-60-170, AS AMENDED, RELATING TO THE SOUTH CAROLINA REAL ESTATE APPRAISER REGISTRATION, LICENSE, AND CERTIFICATION ACT, SO AS TO, AMONG OTHER THINGS, ABOLISH THE OFFICE OF REAL ESTATE COMMISSIONER AND DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THAT OFFICE UPON THE REAL ESTATE COMMISSION OR ITS CHAIRMAN OR UPON THE REAL ESTATE APPRAISERS BOARD OR THE BOARD'S CHAIRMAN, DELETE REFERENCES TO THE COMMISSIONER, DELETE CERTAIN OTHER LANGUAGE AND PROVISIONS, PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION SHALL APPOINT ANY EMPLOYEES AS MAY BE NECESSARY TO CARRY OUT THE WORK OF THE COMMISSION, CHANGE THE PROVISIONS OF LAW DEALING WITH APPEALS FROM THE DECISION OF THE COMMISSION IN REFUSING, SUSPENDING, OR REVOKING ANY LICENSE OR IN ISSUING REPRIMANDS UNDER CHAPTER 57, TITLE 40, AND DELETE THE REQUIREMENT THAT THE REAL ESTATE COMMISSION SUPPLY STAFF SUPPORT FOR THE REAL ESTATE APPRAISERS BOARD; AND TO AMEND SECTION 40-73-15, RELATING TO PROFESSIONS AND OCCUPATIONS ADMINISTERED BY THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO CLARIFY REFERENCES TO CERTAIN OF THESE PROFESSIONS AND OCCUPATIONS, INCLUDING REAL ESTATE BROKERS, COUNSELLORS, SALESMEN, APPRAISERS, AUCTIONEERS, AND PROPERTY MANAGERS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

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