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 5380, Apr. 28 | Printed Page 5400, Apr. 28 |
Printed Page 5390 . . . . . Thursday, April 28, 1994
H. 5078 -- Reps. Cato, Mattos, Clyborne, Vaughn, Baker, Wilkins, Anderson, McMahand, Haskins, Fair and Jaskwhich: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AS TO WHETHER OR NOT THE SCHOOL DISTRICT OF GREENVILLE COUNTY SHOULD BE SUBDIVIDED INTO NOT LESS THAN THREE NOR MORE THAN FIVE SEPARATE SCHOOL DISTRICTS IF A MAJORITY OF THE ELECTORS OF THE DISTRICT AT A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1994 GENERAL ELECTION VOTE IN FAVOR OF ESTABLISHING THE TASK FORCE.

H. 4429 -- Rep. McElveen: A BILL TO AMEND SECTION 23-35-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROMULGATION OF REGULATIONS REGARDING FIREWORKS BY THE STATE FIRE MARSHAL, SO AS TO PROVIDE THAT THE FIRE CHIEF OR HEAD OF FIRE SERVICES OF ANY COUNTY OR MUNICIPALITY TEMPORARILY MAY BAN THE USE OF FIREWORKS IN THAT JURISDICTION IF OTHERWISE PERMITTED WHEN WEATHER CONDITIONS OR OTHER CONDITIONS REQUIRE, TO PROVIDE THAT THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY MUST CONFIRM THE TEMPORARY BAN AT ITS NEXT REGULARLY SCHEDULED MEETING BY EMERGENCY ORDINANCE OR TERMINATE THE BAN, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE EMERGENCY ORDINANCE.

Printed Page 5391 . . . . . Thursday, April 28, 1994
H. 4756 -- Reps. Waites, Inabinett, Moody-Lawrence, Graham, Whipper, Waldrop, Neilson, Scott, Snow, Shissias, Harrelson, Breeland, Govan, Neal, Corning, Rudnick, Rogers, Thomas, Riser and T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 32 SO AS TO ENACT THE "SAFE CREMATION ACT" AND TO PROVIDE FOR THE AUTHORIZATION OF, THE PROCEDURES FOR, AND REGULATION OF CREMATION; BY ADDING SECTION 17-5-305 SO AS TO REQUIRE THAT THE REMAINS OF AN UNIDENTIFIED DEAD PERSON MAY NOT BE CREMATED BUT MUST BE BURIED; TO AMEND SECTION 17-5-310, RELATING TO CREMATION PERMITS, SO AS TO PROVIDE THAT A CORONER MAY ISSUE SUCH PERMIT; AND TO AMEND SECTION 17-5-320, RELATING TO REPORTING THE ABSENCE OF AN INVESTIGATION OF VIOLENT OR SUSPICIOUS DEATHS, SO AS TO PROVIDE THAT THE REPORT MAY BE MADE TO A CORONER.

H. 4969 -- Reps. Lanford, Holt, Marchbanks, Inabinett, Jaskwhich, R. Smith, Haskins, Hines, Simrill, Neilson, Stone, Moody-Lawrence, Robinson, Trotter, Beatty, Farr, McMahand, Chamblee, Baker, Cato, Worley, Huff, Stoddard, Riser, Davenport, Breeland, McTeer, Byrd, Govan, D. Smith, Whipper, Wright, Richardson, Koon, McLeod and Thomas: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED BY THE STUDENTS OF ANY SCHOOL OF ANY DISTRICT OF THIS STATE DURING SCHOOL YEAR 1993-94 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, COLD, OR INCLEMENT WEATHER ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4864--RECONSIDERED

The motion of Rep. COOPER to reconsider the vote whereby the following Bill was given a second reading was taken up.

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

Printed Page 5392 . . . . . Thursday, April 28, 1994
REQUIRED TO ALTER OR DIVIDE THE SCHOOL DISTRICTS 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.

Rep. RICHARDSON moved to table the motion to reconsider, which was not agreed to by a division vote of 25 to 35.

The question then recurred to the motion to reconsider, which was agreed to.

S. 1118--DEBATE ADJOURNED

Rep. STURKIE moved to adjourn debate upon the following Bill until Tuesday, May 3, which was adopted.

S. 1118 -- Senators Drummond, Washington, Leventis, Peeler and J. Verne Smith: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO

Printed Page 5393 . . . . . Thursday, April 28, 1994
ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the titles be changed to that of Acts, and that they be enrolled for ratification.

S. 25 -- Senators Bryan and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-737 SO AS TO REQUIRE AN OFFER OF COVERAGE FOR MENTAL ILLNESS IN GROUP HEALTH INSURANCE POLICIES AND PROVIDE EXEMPTIONS FOR HEALTH INSURANCE PLANS WHICH OFFER THE COVERAGE.

S. 1026 -- Senator McGill: A BILL TO AMEND SECTIONS 52-7-15 AND 52-7-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND MEETINGS OF THE STATE ATHLETIC COMMISSION, SO AS TO ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER AND REPLACE IT WITH AN ADMINISTRATOR APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO AMEND SECTION 52-7-30, AS AMENDED, RELATING TO DUTIES OF THE STATE ATHLETIC COMMISSION, SO AS TO ALLOW A DESIGNEE OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION TO APPOINT OFFICIALS; TO AMEND SECTION 52-7-65, RELATING TO DISCIPLINARY ACTIONS BY THE CHIEF COMMISSIONER, SO AS TO CONFORM THE PROVISION TO THE PROVISIONS OF THIS ACT AND EXTEND THE AUTHORITY TO COMMISSION REPRESENTATIVES IN CHARGE OF AN EVENT; TO AMEND SECTION 52-7-75, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO CHANGE REFERENCES TO CHIEF COMMISSIONER TO ADMINISTRATOR AND ADD A REFERENCE TO A NEW DISCIPLINARY PROVISION; AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS OF A COUNTY ATHLETIC COMMISSION SHALL RECEIVE NO COMPENSATION FROM THE STATE AND MAY RECEIVE OTHER

Printed Page 5394 . . . . . Thursday, April 28, 1994
COMPENSATION AUTHORIZED BY THE COUNTY AND AS AUTHORIZED BY THE STATE ATHLETIC COMMISSION IF PAID BY A PROMOTER WHILE THE COUNTY COMMISSIONER HAS BEEN APPOINTED A STATE COMMISSION REPRESENTATIVE FOR AN EVENT.

S. 1321 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO TITLE V OPERATING PERMIT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1706, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1322 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSE TO CONSTRUCT OR CLEAN ON-SITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS AND SELF-CONTAINED TOILETS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1691, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5170--RECONSIDERED AND ADOPTED

Rep. McTEER moved to reconsider the vote whereby the following Resolution was adopted.

H. 5170 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4036, RELATING TO THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF H.5058 AND TO PROVIDE FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4036 UNTIL THIRD READING OR OTHER DISPOSITION.

Rep. CLYBORNE spoke in favor of the motion to reconsider.

On motion of Rep. HARRISON, with unanimous consent, Rep. CLYBORNE'S remarks were ordered printed in the Journal as follows:

Printed Page 5395 . . . . . Thursday, April 28, 1994
"Mr. Speaker... Although the taxpayers may not know the significance of the May 1st deadline, we do. The Senate, without a super majority vote does not have to accept any legislation. This is Crime Victims Week. Read in the newspaper today that Butler Derrick's wife was robbed. A tourist was brutally murdered on the streets of Charleston. For us to go home without addressing this bill is to slap in the face victims in South Carolina. The legislature is the last line of defense and out of this deliberative Body meaningful crime legislation is possible. The people of this State deserve the peace of mind that comes when you do not have to worry about being robbed, raped, or killed. I ask this House to help make debate on crime possible by allowing us to get to the Truth in Sentencing Bill, H. 4140, and use this Bill as a vehicle for the Crime Bill. I hope that we will not recur to the morning hour and work through the Special Orders and adjourn debate on all bills preceding H. 4140. We need to stay as long as it takes."

Rep. McTEER spoke in favor of the motion to reconsider.

The question then recurred to the motion to reconsider, which was agreed to by a division vote of 58 to 41.

Rep. CLYBORNE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5979AC.94), which was tabled.

Amend the house resolution, as and if amended, by deleting lines 25 and 26 and inserting:

/consideration on April 28, 1994, immediately following motion period and to provide, following the call of the/.

Amend title to conform.

Rep. CLYBORNE explained the amendment.

Rep. HASKINS spoke against the amendment.

Rep. GONZALES spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHEHEEN spoke against the amendment.

Rep. CLYBORNE spoke in favor of the amendment.

Rep. SHEHEEN moved to table the amendment.

Printed Page 5396 . . . . . Thursday, April 28, 1994
Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Yeas 57; Nays 56

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, J.       Baxley
Boan             Breeland         Brown, G.
Brown, J.        Cobb-Hunter      Corning
Cromer           Delleney         Elliott
Farr             Govan            Harrelson
Harris, J.       Harwell          Haskins
Hines            Hodges           Holt
Houck            Inabinett        Jaskwhich
Jennings         Kennedy          Keyserling
Kinon            Kirsh            Martin
Mattos           McCraw           McElveen
McKay            McLeod           McMahand
Moody-Lawrence   Neilson          Phillips
Rogers           Rudnick          Scott
Sheheen          Spearman         Stille
Tucker           Waites           Waldrop
Whipper          Wilder, D.       Wilder, J.
Wilkes           Williams         Worley

Total--57

Those who voted in the negative are: 

Allison          Baker            Barber
Brown, H.        Cato             Chamblee
Clyborne         Cooper           Davenport
Fair             Felder           Fulmer
Gamble           Gonzales         Graham
Hallman          Harrell          Harrison
Huff             Hutson           Keegan
Kelley           Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       McAbee           McTeer
Meacham          Quinn            Richardson
Riser            Robinson         Sharpe
Shissias         Simrill          Smith, D.
Printed Page 5397 . . . . . Thursday, April 28, 1994
Smith, R.        Snow             Stoddard
Stone            Stuart           Sturkie
Thomas           Trotter          Vaughn
Walker           Wells            White
Wilkins          Witherspoon      Wofford
Wright           Young, A.

Total--56

So, the amendment was tabled.

The question then recurred to the adoption of the Resolution, which was agreed to.

SPEAKER IN CHAIR

H. 4858--DEBATE ADJOURNED

Rep. JASKWHICH moved to adjourn debate upon the following Joint Resolution until Wednesday, May 4, which was adopted.

H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4859--DEBATE ADJOURNED

Rep. JASKWHICH moved to adjourn debate upon the following Joint Resolution until Wednesday, May 4, which was adopted.

H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Printed Page 5398 . . . . . Thursday, April 28, 1994
S. 226--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the following Bill until Tuesday, May 3, which was adopted.

S. 226 -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE LEASE-PURCHASE OR LEASE-BACK AGREEMENTS INVOLVING REAL PROPERTY ENTERED INTO BY THE STATE OR POLITICAL SUBDIVISIONS OF THE STATE WHEREIN THE STATE OR POLITICAL SUBDIVISION IS THE LESSEE CONSTITUTES GENERAL OBLIGATION DEBT FOR THE PERIOD OF THE LEASE AND TO PROVIDE THAT THIS GENERAL OBLIGATION DEBT MAY NOT VIOLATE THE CONSTITUTIONAL DEBT LIMITATIONS APPLICABLE TO THE STATE OR POLITICAL SUBDIVISION UNDER ARTICLE X OF THE STATE CONSTITUTION.

ORDERED TO THIRD READING

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

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 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.

H. 4864--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RICHARDSON, with unanimous consent, it was ordered that H. 4864 be read the third time tomorrow.

Printed Page 5399 . . . . . Thursday, April 28, 1994
H. 3491--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3491 -- Reps. Neilson, Quinn, Govan, Cobb-Hunter, G. Brown, Sturkie, Hutson, Holt, Harwell, Richardson, McLeod, Hines, Breeland, Canty, Shissias, Davenport, Fair, Trotter, Harrell, Chamblee, McMahand, Allison, Vaughn, Wright, Inabinett, Gonzales, Harrison, Corning, Lanford, Walker, Meacham, D. Wilder and Stone: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 10 SO AS TO AUTHORIZE CERTAIN DRUG AND ALCOHOL TESTING OF PROSPECTIVE STATE EMPLOYEES.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 27, by the Committee on Labor, Commerce and Industry.

The amendment was then adopted.

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

H. 3491--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. NEILSON, with unanimous consent, it was ordered that H. 3491 be read the third time tomorrow.

H. 4634--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 4634 -- Reps. Cromer, Tucker, Baxley, Gonzales, Stoddard, Inabinett, Kennedy, Wells, Allison, Hallman, Townsend, Hodges, H. Brown, Corning, Lanford, Law, Govan, Stone, G. Brown, G. Bailey, Meacham, D. Wilder, Witherspoon, McKay, Simrill, McCraw, Walker, Robinson, Riser, Kelley, Vaughn, Shissias, Stuart, R. Smith, Stille, Littlejohn, Chamblee, Houck, Harrison, Farr, Gamble, Fulmer, Haskins, Davenport, Williams, Cato, Neilson, J. Wilder, Marchbanks, Spearman, Harvin, Richardson and Thomas: A BILL TO AMEND SECTION 17-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL AUTHORITIES ALLOWING ABLE-BODIED CONVICTS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO EXEMPT CERTAIN CONVICTS; TO AMEND SECTION 24-3-35,

Printed Page 5400 . . . . . Thursday, April 28, 1994
RELATING TO USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO REQUIRE THE USE OF PRISONERS INSTEAD OF THE PERMISSIVE USE OF PRISONERS; TO AMEND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, AND 24-7-50, RELATING TO COUNTY AND MUNICIPAL CHAIN GANGS, SO AS TO MANDATE THE USE OF ABLE-BODIED PRISONERS LOCATED IN COUNTY AND MUNICIPAL CORRECTIONAL FACILITIES ON WORK GANGS ON PUBLIC WORKS.

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