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 7110, May 18 | Printed Page 7130, May 19 |

Printed Page 7120 . . . . . Thursday, May 19, 1994

Thursday, May 19, 1994

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal God, to Whom we turn with praise and gratitude, give us a clearer understanding of Your will and a keener appreciation of Your mission for our lives. Deliver us from discouragement. Enable us to see issues clearly, and help us to choose the right course. Take from us all fear except that of failing to do Your will. Teach us that our liberty is not the right to do as we please, but the opportunity to do what is right. May our conduct be of such a nature that we can invoke Your blessings upon its consequences.

Grant us Your peace, both now and always. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 18, 1994
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 H. 4056:
H. 4056 -- Reps. Rogers, G. Bailey, Hallman, Wofford, Fulmer, Barber, Simrill, Baxley, Harvin, McAbee, Waldrop, Snow, Rudnick, Waites, J. Bailey, Wells, H. Brown and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE


Printed Page 7121 . . . . . Thursday, May 19, 1994

THE CRIME VICTIM'S ADVOCATE OF SOUTH CAROLINA AND PROVIDE POWERS AND DUTIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 18, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has reconsidered concurrence in the amendments proposed by the House to S. 992 and has amended the House amendments:
S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.
Very respectfully,
President

Received as information.


Printed Page 7122 . . . . . Thursday, May 19, 1994

S. 992--SENATE AMENDMENTS CONCURRED

IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

S. 992 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO PROVIDE FOR AN ADDITIONAL HUNTING VIOLATION PERTAINING TO RACCOONS; TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE SEASON FOR RACCOON AND OPOSSUM IN GAME ZONE 9; TO AMEND SECTION 50-11-140, AS AMENDED, RELATING TO REQUIREMENTS FOR HUNTING RACCOONS AND OPOSSUMS, SO AS TO INCLUDE FOX AND PROVIDE FOR ADDITIONAL REQUIREMENTS AND PENALTIES; AND TO AMEND SECTION 50-11-2500, AS AMENDED, RELATING TO PERMITS TO HOLD FUR AFTER THE SEASON FOR TAKING FURBEARERS, SO AS TO INCLUDE FURBEARERS AND THEIR PELTS WITHIN THE PERMIT APPLICATION AND RELATED REQUIREMENTS.

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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 18, 1994
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. 73:
S. 73 -- Senator Rose: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 SO AS TO ALLOW THE QUALIFIED ELECTORS OF A COUNTY WITHOUT A RECREATION DISTRICT TO CREATE A RECREATION DISTRICT, TO AUTHORIZE THE MAXIMUM TAX MILLAGE FOR THE OPERATION OF THE DISTRICT, AND


Printed Page 7123 . . . . . Thursday, May 19, 1994

TO PROVIDE FOR THE CREATION OF A COMMISSION WITH CERTAIN POWERS AND DUTIES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 18, 1994
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. 872:
S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 18, 1994
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 H. 4775:
H. 4775 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, CHAPTER 7, TITLE 44 SO AS TO ENACT THE HEALTH CARE COOPERATION ACT, WHICH PROVIDES FOR HEALTH CARE COOPERATIVE AGREEMENTS AND FOR THE DEPARTMENT OF


Printed Page 7124 . . . . . Thursday, May 19, 1994

HEALTH AND ENVIRONMENTAL CONTROL TO CERTIFY, REGULATE, AND MONITOR THESE AGREEMENTS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

H. 4821--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 18, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4821:
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
Very respectfully,
President

On motion of Rep. BOAN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. BOAN, COBB-HUNTER and HALLMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4822--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 18, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4822:
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Very respectfully,
President

On motion of Rep. BOAN, the House insisted upon its amendments.


Printed Page 7125 . . . . . Thursday, May 19, 1994

Whereupon, the Chair appointed Reps. BOAN, COBB-HUNTER and HALLMAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

H. 4036--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 18, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4036:
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
and asks for a Committee of Conference and has appointed Senators J. Verne Smith, Matthews and Hayes of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. J. HARRIS, JASKWHICH and PHILLIPS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

REPORTS OF STANDING COMMITTEES

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 1230 -- Senator Martin: A BILL TO AMEND SECTION 40-57-155 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION FOR REAL ESTATE AGENTS, SO AS TO EXEMPT LICENSED BROKERS OR SALES AGENTS WHO ARE ALSO ACTIVE MEMBERS OF THE SOUTH CAROLINA BAR FROM THE REQUIREMENTS OF THIS PROVISION.


Printed Page 7126 . . . . . Thursday, May 19, 1994

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 436 -- Senator Richter: A BILL TO AMEND ARTICLE 5, CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 56-5-765, SO AS TO PROVIDE THAT WHEN A MOTOR VEHICLE OF A LAW ENFORCEMENT AGENCY IS INVOLVED IN A TRAFFIC COLLISION, THE INVESTIGATION OF THE COLLISION MUST BE PERFORMED BY AN INDEPENDENT LAW ENFORCEMENT AGENCY, EITHER THE STATE HIGHWAY PATROL OR THE COUNTY SHERIFF'S DEPARTMENT.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 771 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 850 -- Senators Rose, McConnell, Passailaigue and Mescher: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 5, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, BY AMENDING SECTION 5, SO AS TO PROVIDE THAT ANY TAX, SUBSIDY, OR CHARGE WHICH IS ESTABLISHED, FIXED, LAID, OR LEVIED BY THE GENERAL ASSEMBLY MUST BE USED SOLEY FOR THE PURPOSE TO WHICH THE PROCEEDS OF THE TAX OR CHARGE WERE STATED TO BE APPLIED AT THE TIME THE LEGISLATION WAS PASSED AND FOR NO OTHER PURPOSE, UNLESS TWO-THIRDS OF BOTH HOUSES OF THE GENERAL ASSEMBLY STATE OTHERWISE.


Printed Page 7127 . . . . . Thursday, May 19, 1994

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 886 -- Senators McConnell, Wilson and Reese: A BILL TO AMEND SECTION 62-3-603, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF BOND OF THE PERSONAL REPRESENTATIVE OR ADMINISTRATOR OF AN ESTATE UNDER CERTAIN CONDITIONS, SO AS TO PERMIT A BOND TO BE WAIVED ON ESTATES UNDER ONE HUNDRED THOUSAND DOLLARS UNDER CERTAIN CONDITIONS.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 1062 -- Senators Hayes, Bryan, Courtney, Jackson, Lander, Patterson, Reese, Russell, Stilwell, Wilson, Courson, Gregory, Richter, Short, Ryberg, Rose, Peeler, J. Verne Smith, Giese, Mitchell, Ford, Mescher, Leventis, Macaulay and Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 33 SO AS TO ENACT THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT" WHICH INCLUDES PROVISIONS REGULATING THE MANNER, CONDITIONS, AND PROCEDURES UNDER WHICH SOLICITATIONS OF CHARITABLE FUNDS MAY BE UNDERTAKEN IN THIS STATE, PROVISIONS ESTABLISHING CERTAIN REGISTRATION AND OTHER FEES, PROVISIONS ESTABLISHING CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS, AND PROVISIONS STIPULATING THE AMOUNT THAT A PERSON MAY RECOVER AS A RESULT OF AN INJURY BY REASON OF CERTAIN TORTIOUS ACTS OF AN EMPLOYEE OF THE CHARITABLE ORGANIZATION; TO AMEND THE 1976 CODE BY ADDING SECTION 38-79-30 SO AS TO RECODIFY IN TITLE 38 A PROVISION CURRENTLY CONTAINED IN CHAPTER 55 OF TITLE 33 PERTAINING TO THE LIABILITY OF A LICENSED HEALTH CARE PROVIDER WHO RENDERS MEDICAL SERVICES VOLUNTARILY AND WITHOUT COMPENSATION; AND TO REPEAL CHAPTER 55, TITLE 33 OF THE 1976 CODE RELATING


Printed Page 7128 . . . . . Thursday, May 19, 1994

TO CHARITABLE ORGANIZATIONS AND THE SOLICITATIONS OF CHARITABLE FUNDS.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 1199 -- Senator Hayes: A BILL TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A CHILD INTO CUSTODY AND NOTIFICATION TO HIS PARENTS AND APPROPRIATE AGENCIES, SO AS TO PROVIDE THAT WHEN A CHILD IS TAKEN INTO CUSTODY FOR AN OFFENSE WHICH WOULD BE A MISDEMEANOR OR FELONY IF COMMITTED BY AN ADULT, THE LAW ENFORCEMENT OFFICER ALSO SHALL NOTIFY THE PRINCIPAL OF THE SCHOOL IN WHICH THE CHILD IS ENROLLED, IF ANY, OF THE NATURE OF THE OFFENSE, AND TO PROVIDE THAT THE PRINCIPAL MAY USE THIS INFORMATION FOR MONITORING AND SUPERVISORY PURPOSES BUT OTHERWISE MUST KEEP THIS INFORMATION CONFIDENTIAL.

Ordered for consideration tomorrow.

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 1232 -- Judiciary Committee: A BILL TO AMEND ARTICLE 9, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF TRAINING AND CONTINUING EDUCATION UNDER THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO MAKE THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AN ADVISORY COUNCIL, TO DEVOLVE THE FUNCTIONS OF THE COUNCIL UPON THE DEPARTMENT OF PUBLIC SAFETY AND THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY, TO REVISE THE MEMBERSHIP OF THE TRAINING COUNCIL, AND TO MAKE CONFORMING CHANGES THROUGHOUT THE ARTICLE.

Ordered for consideration tomorrow.


Printed Page 7129 . . . . . Thursday, May 19, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 5220 -- Reps. J. Wilder, Baxley, Walker, Mattos, Barber, Shissias, J. Harris, Wells, Cromer and T.C. Alexander: A CONCURRENT RESOLUTION TO COMMEND THE ESTABLISHMENT OF THE DISABILITY COALITION OF SOUTH CAROLINA AND RECOGNIZE AND ENCOURAGE ITS ROLE TO ADVOCATE FOR INDIVIDUALS WITH DISABILITIES AND THEIR FAMILIES TO ASSURE EQUALITY OF OPPORTUNITY, FULL PARTICIPATION, INDEPENDENT LIVING, AND ECONOMIC SELF-SUFFICIENCY AND TO FURTHER ENSURE THAT THE STATE OF SOUTH CAROLINA PLAY AN ONGOING ROLE IN ENFORCING THE SPIRIT AND STANDARDS OF THE AMERICANS WITH DISABILITIES ACT IN THE CRITICAL AREAS OF TRANSPORTATION, COMMUNICATION, PUBLIC ACCOMMODATIONS, EDUCATION, EMPLOYMENT, HOUSING, RECREATION, HEALTH SERVICES, VOTING, AND ACCESS TO PUBLIC SERVICES ON BEHALF OF INDIVIDUALS WITH DISABILITIES.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 5221 -- Rep. Wells: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STUDENT LEGISLATURE TO USE THE COMMITTEE AND CONFERENCE ROOMS OF THE GRESSETTE AND BLATT BUILDINGS ON OCTOBER 19 - 22, 1994, FOR ITS ANNUAL MEETING.

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

That the South Carolina State Student Legislature is authorized to use the committee and conference rooms of the Gressette and Blatt Buildings on October 19 - 22, 1994, for its annual meeting. If the Senate is in statewide session on any of these days, the Gressette Building may not be used on these days. If the House is in statewide session on any of these days, the Blatt Building may not be used on these days.

Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for use of these chambers and facilities


Printed Page 7130 . . . . . Thursday, May 19, 1994

and such use must be in accordance with the policy of each respective body.

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


| Printed Page 7110, May 18 | Printed Page 7130, May 19 |

Page Finder Index