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 5370, Apr. 28 | Printed Page 5390, Apr. 28 |

Printed Page 5380 . . . . . Thursday, April 28, 1994

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

S. 1366 -- Education Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.

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

Rep. STILLE objected.

Referred to Committee on Education and Public Works.

S. 1377 -- Senators Washington and Cork: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE


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BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.

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

S. 1378 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO OUTDOOR ADVERTISING AND THE HIGHWAY ADVERTISING CONTROL ACT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1764, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

S. 1379 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO SPECIFIC INFORMATION SERVICE SIGNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1767, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 5181 -- Reps. Mattos, Vaughn, Stuart, Kelley, Snow, McMahand, Stille, Wells, Shissias, Harvin, McCraw, Breeland, Chamblee, Keegan, Inabinett, Anderson, J. Brown, Thomas, Jaskwhich, Meacham, Waites, Harrelson, Rhoad, Koon, Lanford, Rudnick, McTeer and R. Young: A CONCURRENT RESOLUTION TO URGE OBSERVANCE OF THE INTERNATIONAL YEAR OF THE FAMILY AND THE INTERNATIONAL DAY OF FAMILIES AND TO HONOR DISTINGUISHED VISITORS TO A SYMPOSIUM ON THE RIGHT TO A FAMILY ENVIRONMENT.

Whereas, the United Nations General Assembly has proclaimed 1994 to be the International Year of the Family and May 15, 1994, to be the first International Day of Families; and

Whereas, the initiation of the International Year of the Family and the International Day of Families was based on concern for the family as the fundamental unit of society, acknowledgment of the extraordinary changes that have taken place in family life around the world in the last generation,


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and recognition of the need to foster community support for families, often in the face of increased isolation of families, decreased commitment to family life, and increased social and economic stressors for young families; and

Whereas, the Governor and directors of relevant state agencies have recognized "a crisis situation both here and nationally" that necessitates diligent application of a philosophy that puts "Families First" and that requires "work in concert with families and local communities to ensure the best services for children and their families"; and

Whereas, the General Assembly on May 5, 1992, affirmed its support for the Convention on the Rights of the Child, as adopted by the United Nations General Assembly on November 20, 1989, and urged state agencies to ensure that their programs achieve the goals of the Convention; and

Whereas, the Convention on the Rights of the Child, now ratified by most nations of the world, affirms "that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love, and understanding"; and

Whereas, the Convention further declares "that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community"; and

Whereas, the Institute for Families in Society of the University of South Carolina has convened a distinguished group of scholars, diplomats, public officials, and administrators of nongovernmental organizations from around the world to study the meaning of the right to a family environment under the Convention; and

Whereas, the Institute has acted in collaboration with the Columbia World Affairs Council, the Medical University of South Carolina, the Alliance for South Carolina's Children, and the national Consortium on Children, Families, and the Law; and

Whereas, the Institute's distinguished guests have contributed their expertise to assist legislators, agency administrators, human service professionals, faculty, students, and concerned citizens as they plan implementation of the principles of the Convention on the Rights of the Child in South Carolina. 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, urges all agencies in South Carolina, especially those


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concerned with housing, nutrition, education, protection, health and mental health care, recreation, and economic opportunity for children and families, to use the International Year of the Family and the International Day of Families as opportunities to learn about the challenges facing families in South Carolina and around the world, to strengthen the agencies' commitment to support families in their role as the natural environment for the growth and well-being of all people, especially children, and to plan and implement programs to assist the State's communities in support for the families within them.

Be it further resolved that the General Assembly urges civic, religious, education, and local-government leaders to observe the International Year of the Family and the International Day of Families and to use those observances as opportunities to strengthen communities' commitment to support the families within them.

Be it further resolved that the General Assembly recognizes the support that the Institute for Families in Society of the University of South Carolina is giving to the General Assembly and state and local agencies in the implementation of the Convention on the Rights of the Child in South Carolina.

Be it further resolved that the General Assembly welcomes the Institute's distinguished visitors to South Carolina, thanks them for their assistance, and honors their work to enhance the welfare of the world's children and families.

Be it further resolved that a copy of this resolution be published in the next issue of the State Register.

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

REPORT OF STANDING COMMITTEE

The Greenwood Delegation submitted a favorable report, with amendments, on the Senate amendments on:

H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO


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PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.

H. 4967--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

On motion of Rep. CARNELL, with unanimous consent, the Senate amendments to the following Bill were taken up for consideration.

H. 4967 -- Reps. Carnell, McAbee and Klauber: A BILL TO AMEND ACT 546 OF 1982, RELATING IN PART TO THE MANNER OF ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF GREENWOOD SCHOOL DISTRICT 50, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE TRUSTEES SHALL BE ELECTED INCLUDING THE ESTABLISHMENT OF NINE SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH TRUSTEES SHALL BE ELECTED BEGINNING IN 1994, AND TO PROVIDE THAT BEGINNING IN 1994, ELECTIONS FOR THESE TRUSTEES SHALL BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.

Reps. CARNELL, McABEE and KLAUBER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20854SD.94), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. (A) Notwithstanding any other provision of law, the Board of Trustees of Greenwood School District 50 consists of nine members who must be elected in nonpartisan elections to be held beginning in 1994 at the same time as the general election in the year specified or required in the manner hereinafter provided. Based on the implementation schedule provided in subsection (B), one member of the board must be a resident of and elected from each of the nine defined single-member election districts established in Section 2 of this act. Except for initial terms otherwise provided in subsection (B), members of the board shall be elected for four-year terms and until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the Greenwood County Board of Education shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee


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election. In this case, the vacancy must be filled for the unexpired term or for a full term as appropriate at the next regular election.

Each member of the board must be elected by the qualified electors of the respective district from which the candidate seeks election. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission on forms furnished by the commission. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district from which election is sought, and other information as the commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.

The county election commission shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The county election commission shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. The costs of the elections shall be borne by the school district.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

(B) (1) In 1994, members from Districts 1, 2, and 4 must be elected and the three current members of the board whose terms are scheduled to expire on June 30, 1994, shall continue to serve until the members elected in 1994 from Districts 1, 2, and 4 qualify and take office, at which time the terms of these three current members shall expire. All other current members of the board shall continue to serve in the manner specified in this subsection. The initial terms of members elected in 1994 from Districts 1 and 2 shall be four years each, and the initial term of the member elected in 1994 from District 4 shall be two years.

(2) In 1996, members from Districts 3, 5, 6, 7, 8, and 9 must be elected and the three current members of the board whose terms are scheduled to expire on June 30, 1996, and the three current members of the board whose terms are scheduled to expire on June 30, 1997, shall serve until the members elected in 1996 from Districts 3, 5, 6, 7, 8, and


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9 qualify and take office, at which time the terms of these six current members shall expire. The initial terms of the members elected in 1996 from Districts 3, 5, 7, and 9 shall be four years each, and the initial terms of the members elected in 1996 from Districts 6 and 8 shall be two years each.

(3) After the initial election of a member of the board from a respective election district in the manner specified herein, his successors shall be elected at the elections conducted at two or four- year intervals thereafter as appropriate to serve for terms of four years each./

Renumber sections to conform.

Amend totals and title to conform.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Baker            Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Byrd
Canty            Carnell          Cato
Chamblee         Clyborne         Cobb-Hunter
Cooper           Corning          Cromer
Davenport        Delleney         Elliott
Fair             Farr             Fulmer
Gamble           Gonzales         Govan
Graham           Hallman          Harrelson
Harris, J.       Harrison         Haskins
Hines            Hodges           Holt
Houck            Huff             Hutson
Inabinett        Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Lanford          Law
Littlejohn       Marchbanks       Mattos
McAbee           McCraw           McKay
McLeod           McMahand         McTeer
Meacham          Moody-Lawrence   Neal

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Neilson          Phillips         Quinn
Rhoad            Richardson       Riser
Robinson         Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stoddard         Stone            Stuart
Sturkie          Thomas           Trotter
Tucker           Vaughn           Waites
Waldrop          Walker           Wells
Whipper          White            Wilder, D.
Wilder, J.       Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, R.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, April 28. James J. Bailey Robert W. Harrell, Jr. B. Hicks Harwell Timothy F. Rogers Joseph T. McElveen, Jr. John G. Felder Morgan Martin Robert A. Barber, Jr. C. Alex Harvin, III

Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. P. HARRIS a leave of absence for the day.

The SPEAKER granted Rep. TOWNSEND a leave of absence for the remainder of the day.

STATEMENT OF ATTENDANCE

Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 27.


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SPECIAL PRESENTATION

Reps. QUINN, BYRD, NEAL, SCOTT and ROGERS recognized the Columbia High School girls' basketball team and their coach, winners of the 1994 AA State Championship; the Eau Claire High School Academic Team and their sponsors, winners of the Black History Bowl; and the Eau Claire High School boys' basketball team, staff and coaches, winners of the 1994 Class AAA State Championship.

ORDERED TO THIRD READING

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

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

S. 1347--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 1347 be read the third time tomorrow.

SENT TO THE SENATE

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

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


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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.

H. 4814 -- Rep. Fulmer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138 SO AS TO ESTABLISH A NO WAKE ZONE IN CHARLESTON COUNTY.

H. 4804 -- Reps. Shissias, Cromer, Cobb-Hunter, Mattos, Inabinett, McElveen, Wells, Neal, Hutson, Wofford and Govan: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES UNDER ITS APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT THE DEPARTMENT SHALL DEVELOP AND DISTRIBUTE MATERIALS AND PROCEDURES TO HOSPITALS FOR USE IN OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS ON NEWBORNS, AND TO AMEND SECTION 44-7-320, AS AMENDED, RELATING TO GROUNDS FOR DENYING, REVOKING, OR SUSPENDING HOSPITAL LICENSES, SO AS TO PROVIDE AS AN ADDITIONAL GROUND THE FAILURE TO COMPLY WITH PROCEDURES FOR OBTAINING VOLUNTARY PATERNITY ACKNOWLEDGMENTS.

H. 4857 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS


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REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED; AND BY AMENDING SECTION 37-11-50, RELATING TO ELIGIBILITY FOR LICENSURE, SO AS TO PROVIDE THAT ONLY THOSE CONTINUING CARE RETIREMENT COMMUNITIES WHICH REQUIRE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE MUST OBTAIN A LICENSE RATHER THAN ALL CONTINUING CARE RETIREMENT COMMUNITIES.


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