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 4900, Apr. 27 | Printed Page 4920, Apr. 27 |

Printed Page 4910 . . . . . Wednesday, April 27, 1994

MOTION ADOPTED

Rep. HINES moved that when the House adjourns, it adjourn in memory of Dr. Mordecai C. Johnson, Sr., of Florence, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, Rep. KENNEDY, for the minority, submitted an unfavorable report, on:

S. 988 -- Senators Reese, Land, O'Dell, Russell and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2330 TO ARTICLE 25, CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; BY ADDING SECTION 12-37-2721 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES OPERATED ON THE HIGHWAY UNDER MANUFACTURER'S LICENSE PLATES; TO AMEND SECTIONS 56-15-10, AS AMENDED, AND 56-28-10, RELATING TO DEFINITIONS OF MANUFACTURER, SO AS TO INCLUDE MOTOR VEHICLES MANUFACTURED IN THIS STATE; TO AMEND SECTIONS 12-36-90 AND 12-36-110, BOTH AS AMENDED, RELATING TO GROSS PROCEEDS OF SALES AND SALES AT RETAIL, SO AS TO EXEMPT A MOTOR VEHICLE USED WITH A MANUFACTURER'S LICENSE PLATE FROM IMPOSITION OF TAX.

Ordered for consideration tomorrow.

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, Rep. ANDERSON, for the minority, submitted an unfavorable report, on:

S. 1064 -- Senator Land: A BILL TO AMEND SECTION 58-17-4095, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITIONS ON RAILROAD RIGHTS-OF-WAY, SO AS TO PROHIBIT PEDESTRIANS ON RAILROAD TRACKS AND TO MAKE THE SECTION APPLY TO ALL RAILROAD RIGHTS-OF-WAY.

Ordered for consideration tomorrow.


Printed Page 4911 . . . . . Wednesday, April 27, 1994

Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, Rep. KENNEDY, for the minority, submitted an unfavorable report, on:

S. 1156 -- Senator Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2331 TO ARTICLE 25, CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF MANUFACTURER LICENSE PLATES; AND BY ADDING SECTION 12-37-2722 SO AS TO PROVIDE A PROPERTY TAX EXEMPTION FOR VEHICLES ON WHICH A MANUFACTURER LICENSE PLATE IS USED.

Ordered for consideration tomorrow.

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

S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.

Ordered for consideration tomorrow.

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

S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED


Printed Page 4912 . . . . . Wednesday, April 27, 1994

THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.

Ordered for consideration tomorrow.

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

S. 1309 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO SANITARY AND SAFETY RULES FOR SALONS AND SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1732, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Ordered for consideration tomorrow.

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

S. 1336 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 24-13-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND DEFINITIONS UNDER THE "HOME DETENTION ACT", SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "COURT" AND "PARTICIPANT"; TO AMEND SECTION 24-13-1530, RELATING TO PRISONERS AND CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL GOVERNMENTS MAY ESTABLISH BY ORDINANCE A CERTAIN ALTERNATIVE TO INCARCERATION FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, RELATING TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE "HOME DETENTION ACT", SO AS TO PROVIDE THAT THE PARTICIPANT'S USE OF SUCH A DEVICE IS CONDITIONED UPON BEING INSTRUCTED TO USE THE DEVICE; AND TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE


Printed Page 4913 . . . . . Wednesday, April 27, 1994

PROVISION THAT THE "HOME DETENTION ACT" IS NOT APPLICABLE TO CONTROLLED SUBSTANCES OFFENDERS AND TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY OF THE PROVISIONS OF THE "HOME DETENTION ACT", SO AS TO DEFINE FURTHER AND LIMIT THE TYPE OF CONTROLLED SUBSTANCES OFFENDER TO WHOM THE "HOME DETENTION ACT" DOES NOT APPLY.

Ordered for consideration tomorrow.

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

H. 5064 -- Reps. Clyborne and Mattos: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF PINE KNOLL DRIVE AND HIGHWAY 29 IN GREENVILLE COUNTY AS THE "LEVIS GILSTRAP INTERSECTION" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.

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

S. 1375 -- Senator Moore: A CONCURRENT RESOLUTION TO RECOGNIZE 1994 AS A CRITICAL YEAR FOR DETERMINING THE FUTURE DIRECTION OF THE EDISTO RIVER BASIN AND TO DECLARE 1994 AS THE "YEAR OF THE EDISTO".

Ordered for consideration tomorrow.


Printed Page 4914 . . . . . Wednesday, April 27, 1994

INTRODUCTION OF BILLS

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

H. 5158 -- Rep. Kirsh: A BILL TO AMEND SECTION 51-13-860 OF THE 1976 CODE, RELATING TO THE LOAN AUTHORIZED FOR THE SETTLEMENT OF CLAIMS AGAINST PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO REDUCE THE MAXIMUM AUTHORIZED AMOUNT FROM SIX MILLION DOLLARS TO FIVE MILLION SIX HUNDRED THOUSAND DOLLARS AND TO PROVIDE FOR THE TRANSFER OF FOUR HUNDRED THOUSAND DOLLARS OF THE LOAN PROCEEDS HELD BY THE STATE BUDGET AND CONTROL BOARD TO THE ECONOMIC DEVELOPMENT ACCOUNT.

RULE 5.12 WAIVED

Rule 5.12 was waived by a division vote of 6 to 0.

On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 5159 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF CHIROPRACTIC EXAMINERS, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO CORRECTION OF TERMINOLOGY INCONSISTENCIES REGARDING THERAPEUTIC MODALITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1758, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 5163 -- Reps. J. Bailey and Holt: A BILL TO PROVIDE THAT THE APPOINTMENT AND BUDGETARY REVIEW POWERS OF THE CHARLESTON COUNTY LEGISLATIVE DELEGATION IN REGARD TO THE AREA COMMISSION FOR THE BERKELEY-CHARLESTON- DORCHESTER TECHNICAL EDUCATION CENTER ARE DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

RULE 5.12 WAIVED

Rule 5.12 was waived by a division vote of 5 to 0.


Printed Page 4915 . . . . . Wednesday, April 27, 1994

On motion of Rep. J. BAILEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1256 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 78 TO TITLE 44, SO AS TO ENACT THE EMERGENCY MEDICAL SERVICES DO NOT RESUSCITATE ACT, TO PROVIDE FOR CIRCUMSTANCES UNDER WHICH EMERGENCY MEDICAL SERVICES PERSONNEL MAY NOT RESUSCITATE PATIENTS, TO PROVIDE A FORM FOR THIS ORDER, TO PROVIDE FOR REVOCATION OF AN ORDER, AND TO PROVIDE CIVIL AND CRIMINAL IMMUNITY.

Referred to Committee on Judiciary.

S. 1347 -- Senator Peeler: A BILL TO ENACT THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY TAX RELIEF ACT.

On motion of Rep. McCRAW, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

CONCURRENT RESOLUTION

The following was introduced:

H. 5160 -- Reps. T.C. Alexander and Graham: A CONCURRENT RESOLUTION SUPPORTING THE EFFORTS OF OCONEE COUNTY AND ITS OUTSTANDING CITIZENS TO BE DESIGNATED A "WORLD WAR II COMMEMORATIVE COMMUNITY" BY THE UNITED STATES DEPARTMENT OF DEFENSE.

Whereas, Oconee County and its outstanding citizens have officially applied to the United States Department of Defense in Washington, D.C., to be designated as a "World War II Commemorative Community"; and

Whereas, the good people of Oconee County have made application for this honor and designation under the name "Oconee County World War II Commemorative Community"; and

Whereas, Ms. Nan Jones, teacher at Seneca High School, is the committee chairperson; and

Whereas, among the planned commemorative events or activities for 1994 in support of the application, the Oconee committee will dedicate a special World War II flag, will hold a D-Day commemoration on June 6, and will sponsor ceremonies in recognition of all World War II veterans on November 11; and


Printed Page 4916 . . . . . Wednesday, April 27, 1994

Whereas, among the events or activities planned for 1995 in support of the application, the Oconee committee will hold a special Memorial Day program in May to honor the memory of the 145 Oconee soldiers killed in the Second World War, will sponsor a picnic in July to honor all surviving veterans of the war, and will pay special tribute and recognition in November to all living World War II prisoners of war who reside in Oconee County; and

Whereas, the year 1994 marks the fiftieth anniversary of the Allies' D-Day invasion of continental Europe, and the year 1995 will mark the half-century anniversary of the end of World War II -- a war in which the United States of America participated to make the world safe for democracy and to vanquish the forces of evil who were systematically destroying civilization; and

Whereas, the Oconee committee's efforts to obtain the designation of a World War II commemorative community reflect the patriotism of the citizens of that county and their realization that the hard lessons of the Second World War must never be forgotten; and

Whereas, we are pleased to encourage the citizens of Oconee County to move forward in their efforts to become a World War II commemorative community and consider this a very worthwhile endeavor which is greatly deserving of support. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina, by this resolution, supports the efforts of Oconee County and its outstanding citizens to be designated a "World War II Commemorative Community" by the United States Department of Defense.

Be it further resolved that a copy of this resolution be forwarded to Ms. Nan Jones, 4927 Bayshore Drive, Seneca, 29678.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 5161 -- Rep. J. Bailey: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO PROMPTLY ENACT LEGISLATION TO PROVIDE FOR MEDICAL CARE SAVINGS ACCOUNTS.

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


Printed Page 4917 . . . . . Wednesday, April 27, 1994

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1282 -- Senator Moore: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO CHANGE THE NAME OF THE JOHN L. HIXON BRIDGE IN THE NORTH AUGUSTA AREA TO THE JOHN L. HIXON INTERCHANGE.

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

CONCURRENT RESOLUTION

On motion of Rep. HODGES, with unanimous consent, the following was taken up for immediate consideration:

H. 5162 -- Reps. Hodges, M.O. Alexander, Sturkie and Beatty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 11, 1994, AS THE TIME TO ELECT A CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM OF THE HONORABLE A. LEE CHANDLER WHO WILL BE RETIRING AS CHIEF JUSTICE IN DECEMBER, 1994, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM AS AN ASSOCIATE JUSTICE OF THE HONORABLE A. LEE CHANDLER UPON HIS BECOMING CHIEF JUSTICE, TO ELECT AN ASSOCIATE JUSTICE OF THE SOUTH CAROLINA SUPREME COURT TO FILL THE UNEXPIRED TERM IN ANY VACANCY ON THE SUPREME COURT WHICH MAY OCCUR AS A RESULT OF THE ELECTION OF THE CHIEF JUSTICE AS ABOVE PROVIDED, TO ELECT A FAMILY COURT JUDGE FROM THE FIFTH JUDICIAL CIRCUIT, SEAT 4, TO FILL THE UNEXPIRED TERM OF THE HONORABLE WILLIAM M. CAMPBELL, WHOSE TERM EXPIRES JUNE 30, 1998, AND TO ELECT A FAMILY COURT JUDGE FROM THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, TO FILL THE UNEXPIRED TERM OF THE HONORABLE ALBERT L. KLECKLEY, WHOSE TERM EXPIRES JUNE 30, 1998.

Be it resolved by the House of Representatives, the Senate concurring:

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 11, 1994, at 12:00 noon to elect a Chief Justice of the South Carolina Supreme Court, to fill the unexpired term of the Honorable A. Lee


Printed Page 4918 . . . . . Wednesday, April 27, 1994

Chandler who will be retiring as Chief Justice in December, 1994, to elect an Associate Justice of the South Carolina Supreme Court to fill the unexpired term as an Associate Justice of the Honorable A. Lee Chandler upon his becoming Chief Justice, to elect an Associate Justice of the South Carolina Supreme Court to fill the unexpired term in any vacancy on the Supreme Court which may occur as a result of the election of the Chief Justice as above provided, to elect a Family Court judge from the Fifth Judicial Circuit, Seat 4, to fill the unexpired term of the Honorable William M. Campbell, whose term expires June 30, 1998, and to elect a Family Court judge from the Fourteenth Judicial Circuit, Seat 2, to fill the unexpired term of the Honorable Albert L. Kleckley, whose term expires June 30, 1998.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1384 -- Senators Matthews, Patterson and Washington: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN WHO HAVE DIED ON THE JOB BY DECLARING APRIL 28, 1994, AS "WORKERS MEMORIAL DAY".

Whereas, the working men and women of South Carolina have helped to build this State and keep the state's economy strong; and

Whereas, each year many workers die while performing their jobs with little attention, while others die as the result of occupational diseases contracted or aggravated on the job, and thousands more are disabled or injured on the job; and

Whereas, in fiscal year 1993, twenty-eight workers died in South Carolina while working, from such varied causes as electrocution, falls, and being struck by objects; and

Whereas, these fallen workers left behind families that loved and depended on them; and

Whereas, while the need for strong safety and health protections, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers, and others before them, must not be forgotten. Now, therefore,


Printed Page 4919 . . . . . Wednesday, April 27, 1994

Be it resolved by the Senate, the House of Representatives concurring:

That April 28, 1994, a date chosen by the South Carolina AFL-CIO, be commemorated as "Workers Memorial Day" in tribute to those workers who have lost their lives because of workplace injuries and illnesses.

Be it further resolved that a copy of this resolution be forwarded to Mr. G.O. Smoak, President of the South Carolina AFL-CIO.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 5164 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF MAY 1-7, 1994, AS "ASSOCIATION WEEK", AS PROCLAIMED BY THE GOVERNOR, HONORING THE NONPROFIT NATIONAL, REGIONAL, STATE, AND LOCAL TRADE ASSOCIATIONS, PROFESSIONAL SOCIETIES, AND COMMUNITY SERVICE ORGANIZATIONS IN SOUTH CAROLINA.

Whereas, hundreds of nonprofit national, regional, state, and local trade associations, professional societies, and community service organizations operate in the public interest in South Carolina; and

Whereas, these organizations exist for the mutual benefit of their members and constituents through education, public information, influencing public policy, and pursuit of other common goals; and

Whereas, these associations encourage high standards of conduct and codes of ethics in the public interest and promote voluntary action as an effective means of meeting common challenges; and

Whereas, over five hundred eighty-three people hold individual membership in South Carolina associations with the direct economic impact of these associations in excess of sixty-two million dollars annually; and

Whereas, the South Carolina Society of Association Executives is celebrating its thirtieth anniversary in 1994. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly recognize the week of May 1-7, 1994, as "Association Week", as proclaimed by the Governor, honoring the nonprofit national, regional, state, and local trade associations, professional societies, and community service organizations in South Carolina.


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