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 5360, Apr. 28 | Printed Page 5380, Apr. 28 |

Printed Page 5370 . . . . . Thursday, April 28, 1994

The Honorable Costa M. Pleicones, candidate for Associate Justice of the South Carolina Supreme Court;

The Honorable John H. Waller, Jr., candidate for Associate Justice of the South Carolina Supreme Court;

Steven D. Dennis, candidate for Judge of the Family Court of the Fifth Judicial Circuit, Seat #4;

Barbara M. Heape, candidate for Judge of the Family Court of the Fifth Judicial Circuit, Seat #4;

Francenia B. Heizer, candidate for Judge of the Family Court of the Fifth Judicial Circuit, Seat #4;

Leslie Kirkland Riddle, candidate for Judge of the Family Court of the Fifth Judicial Circuit, Seat #4;

Donna S. Strom, candidate for Judge of the Family Court of the Fifth Judicial Circuit, Seat #4;

H. Bruce Williams, candidate for Judge of the Family Court of the Fifth Judicial Circuit, Seat #4;

Harris L. Beach, Jr., candidate for Judge of the Family Court of the Fourteenth Judicial Circuit, Seat #2;

Jane Dowling Fender, candidate for Judge of the Family Court of the Fourteenth Judicial Circuit, Seat #2;

William E. Myrick, Jr., candidate for Judge of the Family Court of the Fourteenth Judicial Circuit, Seat #2;

Walter H. Sanders, Jr., candidate for Judge of the Family Court of the Fourteenth Judicial Circuit, Seat #2;

Gerald C. Smoak, Jr., candidate for Judge of the Family Court of the Fourteenth Judicial Circuit, Seat #2;

Respectfully submitted,
/s/Rep. James H. Hodges, Chairman
/s/Senator Glenn F. McConnell, Vice-Chairman
/s/Senator Thomas L. Moore
/s/Senator Edward E. Saleeby
/s/Senator John R. Russell
/s/Rep. M.O. Alexander
/s/Rep. Donald W. Beatty
/s/Rep. C. Lenoir Sturkie

On motion of Rep. HODGES, the Report was ordered printed in the Journal.


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MOTION ADOPTED

Rep. R. YOUNG moved that when the House adjourns, it adjourn in memory of Patricia Kelley of Charleston, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C.
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. 796:
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1682
Promulgated By Department of Health and Environmental Control
Hazardous Waste Management
Received by Speaker December 17, 1993
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 11, 1994
Withdrawn and Resubmitted April 28, 1994
Revised Expiration Date May 18, 1994


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SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4478 -- Reps. Snow, Inabinett, Riser and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-15-65 SO AS TO PROVIDE FOR AN ALLIGATOR HARVEST PROGRAM ON PRIVATE LANDS.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4596 -- Rep. Hodges: A BILL TO AMEND SECTION 58-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, SO AS TO ADD TO THE DEFINITION OF "PUBLIC UTILITY" BY PROVIDING THAT THE TERM INCLUDES EVERY CORPORATION AND PERSON DELIVERING NATURAL GAS DISTRIBUTED OR TRANSPORTED BY PIPE, AND DELETE THE WORD "GAS" FROM THE DEFINITION; AND TO AMEND SECTION 58-5-240, AS AMENDED, RELATING TO GAS, HEAT, WATER, SEWERAGE COLLECTION AND DISPOSAL, AND STREET RAILWAY COMPANIES, FILING SCHEDULES OF PROPOSED RATES, AND THE EFFECTIVE DATE THE SAME, SO AS TO PROVIDE THAT WHEN CERTAIN CONDITIONS EXIST OR THE PUBLIC SERVICE COMMISSION MAKES CERTAIN DETERMINATIONS, A RATE OF RETURN DOES NOT HAVE TO BE CALCULATED IF THE RATE IS DETERMINED TO BE JUST AND REASONABLE.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


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SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4628 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-67-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION OF THE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY, SO AS TO REVISE THE NAME OF THE BOARD; TO AMEND SECTION 40-67-80, RELATING TO MEMBERSHIP ON THE BOARD, SO AS TO PROVIDE FOR TWO SPEECH-LANGUAGE PATHOLOGISTS ON THE BOARD RATHER THAN TWO SPEECH PATHOLOGISTS AND TO PROVIDE THAT NOMINATION FOR BOARD APPOINTMENT MUST BE MADE ONLY FOR THE SPEECH-LANGUAGE PATHOLOGIST AND AUDIOLOGIST POSITIONS; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN SPEECH-LANGUAGE PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4629 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-36-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING REQUIREMENTS FOR OCCUPATIONAL THERAPY, SO AS TO REVISE BY WHOM AN EDUCATIONAL PROGRAM MUST BE ACCREDITED; TO AMEND SECTION 40-36-180, RELATING TO FEES, SO AS TO INCLUDE VERIFICATION FEES AMONG THOSE FEES THAT THE BOARD MAY PRESCRIBE IN REGULATION; AND TO REAUTHORIZE THE SOUTH CAROLINA BOARD OF OCCUPATIONAL THERAPY FOR SIX YEARS.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 5374 . . . . . Thursday, April 28, 1994

SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4630 -- Reps. Kirsh, G. Bailey, Boan, J. Brown, Harwell and Waldrop: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT THREE NOMINEES FOR EACH CONGRESSIONAL DISTRICT APPOINTMENT TO THE BOARD MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT FOR CONSIDERATION BY THE GOVERNOR FOR APPOINTMENT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.

The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

REPORTS OF STANDING COMMITTEES

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

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.

Ordered for consideration tomorrow.

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

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.

Ordered for consideration tomorrow.


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

S. 1138 -- Senators J. Verne Smith, Courson and Bryan: A JOINT RESOLUTION TO PROVIDE THAT THE HUMAN SERVICES COORDINATING COUNCIL SHALL APPOINT AN ADVISORY COMMITTEE ON THE FUTURE OF PUBLIC HEALTH IN SOUTH CAROLINA, TO PROVIDE THE MEMBERSHIP AND PURPOSE OF THAT ADVISORY COMMITTEE, AND TO PROVIDE FOR ITS DISSOLUTION UPON COMPLETION OF ITS WORK.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 5175 -- Rep. Wright: A HOUSE RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE FAMILY AND MANY FRIENDS OF THE LATE RICHARD M. NIXON, THIRTY-SEVENTH PRESIDENT OF THE UNITED STATES.

Whereas, the members of the House of Representatives were saddened to note the passing on April 22, 1994, of Richard M. Nixon of California, the thirty-seventh President of the United States; and

Whereas, Mr. Nixon, a graduate of Whittier College and Duke University Law School, and a World War II veteran of the United States Navy, began his life in politics on his election to the United States House of Representatives in 1946 and to the United States Senate in 1950; and

Whereas, at the young age of thirty-nine, he was elected Vice-President of the United States, serving with distinction in that office during the eight years of the Eisenhower administration; and

Whereas, he was a candidate for President in 1960, losing an extremely close election to John F. Kennedy, after which in 1962 he ran unsuccessfully for Governor of California; and

Whereas, Mr. Nixon then practiced law in New York, joining the Mudge Rose Law Firm and continued to work in Republican politics, once again becoming a candidate in 1968 when he was elected thirty-seventh President of the United States; and

Whereas, in 1972, he was re-elected in a forty-nine-state landslide, warmly appreciated in South Carolina by achieving the highest percentage of votes in South Carolina for President of the modern two-party system


Printed Page 5376 . . . . . Thursday, April 28, 1994

era only to see the fruits of that great political victory ruined by the Watergate affair, which ultimately forced his resignation, and in his three races for President he received more votes for President than any other person in the history of the Republic; and

Whereas, the American people owe this extraordinarily complicated man much for his skillful conduct of foreign and domestic policy, including the orderly withdrawal from Vietnam, the opening to China, the first strategic arms agreement with the Soviet Union, the implementation of revenue sharing, the creation of the Environmental Protection Agency, and other important domestic initiatives; and

Whereas, in the years after his resignation he devoted himself to writing and maintained contact with foreign leaders, quietly providing welcome advice on foreign policy matters to his presidential successors; and

Whereas, it is appropriate for members of the House of Representatives to pause in their deliberations so that they might note the passing of so distinguished an American whose career in politics spanned so many years, that witnessed so much change, that endured much despair, and that generated abundant hope. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives express sympathy to the family and many friends of the late Richard M. Nixon, thirty-seventh President of the United States.

Be it further resolved that a copy of this resolution be forwarded to his daughters.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5176 -- Reps. McLeod, Keegan, Quinn and Shissias: A CONCURRENT RESOLUTION COMMENDING THE COLLEGE OF CRIMINAL JUSTICE OF THE UNIVERSITY OF SOUTH CAROLINA FOR TWO DECADES OF OUTSTANDING SERVICE TO THE FIELD OF CRIMINAL JUSTICE IN THE PALMETTO STATE, AND ENCOURAGING THE COLLEGE TO KEEP UP ITS GOOD WORK.

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


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CONCURRENT RESOLUTION

The following was introduced:

H. 5177 -- Reps. Scott, J. Brown, Neal, Byrd, Shissias, Waites, Quinn, Harrison, Corning and Rogers: A CONCURRENT RESOLUTION TO RECOGNIZE THE BOOKER T. WASHINGTON HIGH SCHOOL CLASS OF 1944 AS THEY GATHER IN CELEBRATION OF THEIR FIFTIETH HIGH SCHOOL REUNION JUNE 10, 1994, AND TO WISH THEM A SUCCESSFUL AND ENJOYABLE REUNION AND BEST WISHES FOR THE FUTURE.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5178 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING DR. NORMAN P. PEARSON, SR., ON HIS SILVER ANNIVERSARY AS PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH OF WILLIAMSTON.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1390 -- Senators O'Dell, Drummond and Waldrep: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF STATE TROOPER RANDALL LAMAR (RANDY) HESTER, EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS, AND REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, IN CONJUNCTION WITH THE DEPARTMENT OF PUBLIC SAFETY, TO ERECT AN APPROPRIATE MEMORIAL MARKER AT THE SCENE OF THE ACCIDENT WHICH LED TO STATE TROOPER HESTER'S DEATH, TO BE PAID FOR BY FRIENDS OF STATE TROOPER HESTER, AND TO CONSIDER THE WISHES OF THE FAMILY AS TO THE DESIGN AND PLACEMENT OF THE MARKER.

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


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INTRODUCTION OF BILLS

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

H. 5179 -- Rep. Cooper: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, IS FURTHER AMENDED SO AS TO ADD A NEW AREA TO THE DISTRICT.

RULE 5.12 WAIVED

Rule 5.12 was waived by a division vote of 25 to 0.

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

H. 5180 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1682, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 649 -- Senator Passailaigue: A BILL TO AMEND CHAPTER 3 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 36 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES BEARING AN EMBLEM, SEAL, OR OTHER SYMBOL OF A COUNTY OR REGION OF COUNTIES REPRESENTING A CERTAIN GEOGRAPHICAL AREA OF THE STATE AND TO PROVIDE FOR THE DISTRIBUTION OF FEES.

Referred to Committee on Education and Public Works.

S. 855 -- Senators Reese and Washington: A BILL TO AMEND SECTION 56-3-3710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL COLLEGE OR UNIVERSITY AUTOMOBILE LICENSE PLATES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ISSUE SUCH PLATES FOR COLLEGES AND UNIVERSITIES LOCATED OUTSIDE THE STATE AND PROVIDE FOR THE


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DISTRIBUTION OF THE REVENUE OF THESE SPECIAL LICENSE PLATES.

Referred to Committee on Education and Public Works.

S. 1313 -- Senator Land: A BILL TO AMEND SECTION 58-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A PURCHASER OF A RAILROAD SHALL REORGANIZE AND COMMENCE OPERATION WITHIN SIXTY DAYS, SO AS TO PROVIDE THAT A PURCHASE FOR PURPOSES OF THIS SECTION INCLUDES A FORECLOSURE AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ACQUISITIONS OF RAILROADS BY MERGER OR CONSOLIDATION, AND TO AMEND SECTIONS 58-17-610 AND 58-17-620, RELATING TO MERGER OR CONSOLIDATION OF RAILROAD COMPANIES, SO AS TO PROVIDE THAT THE MERGER OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL BE GOVERNED BY THE PROVISIONS OF THE SOUTH CAROLINA BUSINESS CORPORATION ACT, AND THE CONSOLIDATION OF RAILROAD COMPANIES AND THE PROCEDURES THEREFOR SHALL CONTINUE TO BE GOVERNED BY THE PROVISIONS OF THE GENERAL RAILROAD LAW.

Referred to Committee on Labor, Commerce and Industry.

S. 1343 -- Senator Gregory: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR TAKING DEER, SO AS TO PROHIBIT THE DEPARTMENT OF NATURAL RESOURCES FROM PROVIDING A BREAK IN THE SEASON ON PRIVATE LANDS IN GAME ZONE 4.

Rep. HODGES asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. FARR objected.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 1345 -- Senator Saleeby: A BILL TO AMEND SECTION 4-9-39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFER OF ASSETS OF FORMER LIBRARIES, SO AS TO DELETE THE PROVISION REQUIRING SUCH TRANSFERRED


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ASSETS AND PROPERTY TO BE USED EXCLUSIVELY FOR LIBRARY PURPOSES.


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