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 60, Jan. 12 | Printed Page 80, Jan. 12 |

Printed Page 70 . . . . . Wednesday, January 12, 1994

H. 4466 -- Rep. Kirsh: A BILL TO ABOLISH THE RESTITUTION CENTER PROGRAM OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES AND TO REPEAL SECTIONS 24-21-480 AND 24-21-485, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTITUTION CENTER PROGRAM OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4467 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 40-25-30, 40-25-40, and 40-25-80, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH REGARD TO THE LICENSING OF PERSONS ENGAGING IN THE PRACTICE OF SPECIALIZING IN HEARING AIDS, THE COMMISSION OF HEARING AID SPECIALISTS, AND EXCEPTIONS TO THE APPLICABILITY OF CHAPTER 25 OF TITLE 40 (THE PRACTICE OF SPECIALIZING IN HEARING AIDS), SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT APPOINT LICENSED HEARING AID SPECIALISTS TO CONDUCT OR SUPERVISE THE EXAMINATION OF APPLICANTS FOR LICENSES, INCREASE FROM FOUR TO FIVE THE NUMBER OF LICENSED HEARING AID SPECIALISTS ON THE COMMISSION AND CHANGE THEIR QUALIFICATIONS FOR SERVING ON THE COMMISSION, AND PROVIDE THAT CHAPTER 25 OF TITLE 40 DOES NOT APPLY TO AN AUDIOLOGIST LICENSED TO PRACTICE IN SOUTH CAROLINA; TO AMEND SECTION 40-25-110, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPLICANTS FOR EXAMINATION AS A HEARING AID SPECIALIST, SO AS TO DELETE PROVISIONS RELATING TO AUDIOLOGISTS BEING LICENSED WITHOUT WRITTEN EXAMINATION AND A PRACTICAL TEST.

Referred to Committee on Medical, Military, Public and Municipal Affairs.


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H. 4468 -- Rep. Harvin: A BILL TO AMEND SECTION 56-5-1570, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS FOR CERTAIN VEHICLES SO AS TO INCREASE THE SPEED LIMIT FOR VEHICLES TOWING HOUSE TRAILERS.

Referred to Committee on Education and Public Works.

H. 4469 -- Rep. Harvin: A BILL TO AMEND SECTION 1-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEPARTMENTS CREATED UNDER THE EXECUTIVE BRANCH OF GOVERNMENT AND APPOINTMENT OF DEPARTMENT HEADS, SO AS TO REMOVE THE PROVISION PROHIBITING THE INTERIM DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY FROM BEING APPOINTED AS THE PERMANENT DIRECTOR.

Referred to Committee on Judiciary.

H. 4470 -- Rep. McLeod: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION FEES FOR FARM TRUCKS, SO AS TO REVISE THE SCHEDULE OF FEES.

Referred to Committee on Education and Public Works.

H. 4473 -- Reps. Snow, Law and Riser: A BILL TO AMEND SECTION 24-13-650, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE WORK RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED A VIOLENT CRIME, SO AS TO EXPAND THE LIST OF OFFENSES TO WHICH THIS PROHIBITION APPLIES, AND TO PROVIDE THAT THE SOLICITOR AND SPECIFIC LAW ENFORCEMENT OFFICIALS OF A COMMUNITY SHALL RECEIVE NOTICE OF THE WORK RELEASE INTO THE COMMUNITY OF OFFENDERS WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN ANY DEGREE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4474 -- Reps. Snow, Law and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-37-25 SO AS TO PROVIDE THAT ATTORNEYS' FEES AND COSTS SHALL BE TAXED AGAINST A NONPREVAILING PARTY BRINGING A CIVIL ACTION SEEKING DAMAGES FOR


Printed Page 72 . . . . . Wednesday, January 12, 1994

INJURIES HE SUSTAINED DURING THE COMMISSION OF A CRIME FOR WHICH HE WAS CONVICTED OR TO WHICH HE PLED GUILTY OR NOLO CONTENDRE AND TO PROVIDE THAT ANY PERSON REFERRED TO ABOVE WHO HAS NOT PAID SUCH ATTORNEYS' FEES AND COSTS IS PROHIBITED FROM BRINGING ANY FURTHER ACTIONS IN THE COURTS OF THIS STATE ARISING OUT OF THAT INCIDENT OR OCCURRENCE.

Referred to Committee on Judiciary.

H. 4475 -- Reps. Snow and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-135 SO AS TO PROVIDE THAT THE DEPARTMENT OF TRANSPORTATION MUST NOTIFY IN WRITING EACH MEMBER OF THE GENERAL ASSEMBLY IN WHOSE HOUSE OR SENATORIAL DISTRICT A HIGHWAY PROJECT IS OR IS TO BE LOCATED WHEN A PUBLIC HEARING OR PUBLIC MEETING CONCERNING THE PROJECT IS TO BE CONDUCTED AT LEAST TEN DAYS PRIOR TO THE HEARING OR MEETING.

Referred to Committee on Education and Public Works.

H. 4476 -- Reps. Snow, Inabinett, Riser and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-225 SO AS TO AUTHORIZE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO SET CREEL AND SIZE LIMITS FOR BLACK BASS AND CRAPPIE ON LAKE GREENWOOD AND PROVIDE FOR PENALTIES.

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

H. 4477 -- Reps. Snow, Inabinett, Riser and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-390 SO AS TO REQUIRE FISH CAUGHT ON WATERS IN WHICH FISH SIZE LIMITS ARE IN EFFECT TO BE MAINTAINED IN A WHOLE CONDITION WHILE ON THE WATERS AND PROVIDE FOR PENALTIES.

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


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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.

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

H. 4479 -- Reps. Snow, Inabinett, Riser and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-13-232 SO AS TO PROVIDE FOR A SIZE LIMIT FOR STRIPED BASS ON LAKE WATEREE AND FOR PENALTIES.

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

H. 4480 -- Reps. Snow, Inabinett and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-515 SO AS TO PROVIDE REQUIREMENTS PERTAINING TO SHARKS.

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

H. 4481 -- Reps. Snow, Inabinett and Riser: A BILL TO AMEND SECTION 50-13-235, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE LENGTH OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO RIVERS.

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

H. 4482 -- Reps. Snow, Riser and Law: A BILL TO AMEND SECTION 50-17-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE POINT SYSTEM FOR VIOLATIONS OF COASTAL FISHERIES LAWS, SO AS TO INCLUDE STAMPS AS WELL AS LICENSES AND PERMITS; AND TO AMEND SECTION 50-17-1120, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM, SO AS TO REVISE THE CONDITIONS UNDER WHICH PRIVILEGES,


Printed Page 74 . . . . . Wednesday, January 12, 1994

LICENSES, PERMITS, AND STAMPS MAY BE SUSPENDED BY THE DEPARTMENT OF NATURAL RESOURCES.

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

H. 4483 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-1198, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON HERRING FISHING AT ST. STEPHEN POWERHOUSE, SO AS TO REVISE AN INCORRECT REFERENCE AND REVISE THE SEASON TO WHICH THE LIMITATIONS APPLY.

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

H. 4484 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO PROVIDE THAT THE PAROLE REVIEW PERIODS FOR PRISONERS CONVICTED OF VIOLENT OR NONVIOLENT CRIMES WHO HAVE BEEN DENIED PAROLE APPLY WHETHER OR NOT THE APPLICABLE REVIEW PERIOD WAS MORE FREQUENT AT THE TIME THE PRISONER WAS CONVICTED OF OR PLED TO THE OFFENSE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4485 -- Reps. Snow and Riser: A BILL TO AMEND SECTION 50-13-2015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FISH SANCTUARY IN THE ST. STEPHEN REDIVERSION CANAL, SO AS TO REVISE THE FISHING SEASON IN THE CANAL AND THE LOCATIONS OF THE AREAS LIMITED FOR FISHING AND PROVIDE REQUIREMENTS FOR THE USE OF MOTORS ON BOATS AND NETS USED IN HERRING FISHING.

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

H. 4486 -- Reps. Robinson, Marchbanks, Sharpe, Trotter, Cooper, Cato, Davenport, Simrill, Littlejohn, Allison, Huff, Clyborne, Jaskwhich, Vaughn, Quinn, Riser, Lanford, D. Smith, Haskins, Wright and Wells: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL


Printed Page 75 . . . . . Wednesday, January 12, 1994

NEGLECT OF A CHILD OR HELPLESS PERSON, SO AS TO INCLUDE NEGLECT OF A FETUS.

Referred to Committee on Judiciary.

H. 4489 -- Reps. Witherspoon, Hines, Wilkes, Allison, Harwell, Vaughn, Spearman, Riser, Marchbanks, Sharpe, Stille, G. Bailey, Worley, Koon, Kinon, Kelley, Snow, J. Wilder, Neal, Rhoad, Trotter, Stuart, Chamblee, Harvin, Robinson, Keegan, Clyborne, Davenport and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-55-42 SO AS TO EXEMPT FROM REGULATION TEMPORARY SHALLOW GROUNDWATER WELLS USED SOLELY FOR JURISDICTIONAL DETERMINATION OF FEDERAL 404 WETLANDS AS PART OF AN APPROVED ARMY CORPS OF ENGINEERS' PLAN.

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

S. 516 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-700 SO AS TO DESIGNATE THE SQUARE DANCE AS THE OFFICIAL AMERICAN FOLK DANCE OF THE STATE.

Referred to Committee on Education and Public Works.

S. 726 -- Senator Setzler: A BILL TO AMEND SECTION 12-36-2110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM SALES TAX ON THE SALE OR LEASE OF CERTAIN ITEMS, SO AS TO REVISE THE TYPES OF TRAILERS AND CERTAIN OTHER SIMILAR TYPES OF VEHICLES WHICH QUALIFY FOR THIS MAXIMUM TAX.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 4471 -- Reps. Simrill, Meacham, Kirsh, Moody-Lawrence, Delleney and McCraw: A CONCURRENT RESOLUTION CONGRATULATING THE TROJANS OF NORTHWESTERN HIGH SCHOOL OF ROCK HILL ON WINNING THE 1993 STATE FOOTBALL CHAMPIONSHIP IN CLASS AAAA, DIVISION I.

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


Printed Page 76 . . . . . Wednesday, January 12, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 4472 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE RALPH "BUCK" BELL, JR. OF CLARENDON COUNTY ON BEING NAMED CHAIRMAN OF THE NATIONAL BEEF INDUSTRY COUNCIL.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4487 -- Rep. Snow: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA MEDICAL ASSOCIATION TO REEVALUATE EXISTING POLICIES PERTAINING TO CIRCUMCISION AND EPISIOTOMY.

The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.

CONCURRENT RESOLUTION

The following was introduced:

H. 4488 -- Reps. Snow, Riser and Law: A CONCURRENT RESOLUTION TO URGE ALL CITIZENS OF SOUTH CAROLINA TO STOP BREEDING IMMEDIATELY THEIR DOGS AND CATS FOR ONE YEAR TO ATTEMPT TO ADDRESS THE PET OVERPOPULATION PROBLEM IN SOUTH CAROLINA.

The Concurrent Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.

CONCURRENT RESOLUTION

The following was introduced:

H. 4490 -- Reps. Rogers, Shissias, Corning, Scott, Waites, Neal, Harrison, J. Brown, Byrd, Cromer and Quinn: A CONCURRENT RESOLUTION TO EXTEND THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY


Printed Page 77 . . . . . Wednesday, January 12, 1994

OF WILLIAM YOUMAN EDENS, JR., OF RICHLAND COUNTY, WHO DIED SATURDAY, NOVEMBER 27, 1993.

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

ROLL CALL

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

Alexander, T.C.  Allison          Anderson
Askins           Bailey, G.       Bailey, J.
Baker            Barber           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
Felder           Fulmer           Gamble
Gonzales         Govan            Hallman
Harrell          Harrelson        Harris, J.
Harris, P.       Harrison         Harvin
Harwell          Haskins          Hines
Hodges           Holt             Houck
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Lanford
Law              Littlejohn       Marchbanks
Martin           McAbee           McCraw
McElveen         McKay            McLeod
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Quinn            Rhoad
Richardson       Riser            Robinson
Rogers           Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Snow             Spearman         Stille
Stoddard         Stone            Stuart
Sturkie          Thomas           Townsend

Printed Page 78 . . . . . Wednesday, January 12, 1994

Trotter          Tucker           Vaughn
Waites           Waldrop          Walker
Wells            Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Witherspoon      Wofford
Wright           Young, A.        Young, R.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, January 12. Larry L. Koon M.O. Alexander Thomas E. Huff James G. Mattos Dewitt Williams Harold G. Worley Lindsey O. Graham

Total Present--124

DOCTOR OF THE DAY

Announcement was made that Dr. Nelson Weston of Columbia is the Doctor of the Day for the General Assembly.

H. 4226--DEBATE ADJOURNED

Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, February 1, which was adopted.

H. 4226 -- Rep. Farr: A BILL TO ESTABLISH A GOVERNING BODY FOR THE BUFFALO FIRE DISTRICT IN UNION COUNTY AND PROVIDE A PROCEDURE FOR THEIR ELECTION.

H. 4264--DEBATE ADJOURNED

Rep. MARCHBANKS moved to adjourn debate upon the following Bill until Thursday, January 13, which was adopted.

H. 4264 -- Reps. Robinson, Marchbanks and Trotter: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN PICKENS COUNTY UNTIL JULY 1, 1994.


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SENT TO THE SENATE

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

H. 4285 -- Reps. Cobb-Hunter and Govan: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR ORANGEBURG COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF ORANGEBURG COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND PROVIDE FOR OTHER LOCAL ORANGEBURG COUNTY MATTERS.

H. 4287 -- Reps. J. Bailey, Barber, Harrell, Fulmer, Hallman, Whipper, Breeland, Gonzales, R. Young and Holt: A BILL TO AMEND SECTION 54-15-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON AND THEIR APPOINTMENT, TERMS, AND VACANCIES, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSIONERS OF PILOTAGE FROM FIVE TO SIX.

H. 4289--DEBATE ADJOURNED

Rep. D. WILDER moved to adjourn debate upon the following Bill until Thursday, January 13, which was adopted.

H. 4289 -- Reps. Stoddard, Carnell and D. Wilder: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN LAURENS COUNTY UNTIL JULY 1, 1994.

S. 472--RECOMMITTED

The following Bill was taken up.

S. 472 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-21-860 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROHIBIT THE USE OF AIRBOATS ON THE WACCAMAW, THE GREAT PEE DEE, THE LITTLE PEE DEE, THE


Printed Page 80 . . . . . Wednesday, January 12, 1994

BLACK AND THE SAMPIT RIVERS IN GEORGETOWN AND HORRY COUNTIES.


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