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 7250, May 24 | Printed Page 7270, May 25 |

Printed Page 7260 . . . . . Wednesday, May 25, 1994

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

S. 1418 -- Senators Lander, Setzler and Matthews: 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.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 5229 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING THE FORENSICS TEAM OF SOUTHSIDE HIGH SCHOOL OF GREENVILLE COUNTY ON ATTAINING STATUS AS THE STATE'S LEADING FORENSICS CHAPTER FOR 1994 IN THE NATIONAL FORENSICS LEAGUE.

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

INTRODUCTION OF BILLS

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

H. 5230 -- Rep. Jaskwhich: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.


Printed Page 7261 . . . . . Wednesday, May 25, 1994

RULE 5.12 WAIVED

Rep. H. BROWN moved to waive Rule 5.12, which was agreed to by a division vote of 9 to 0.

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

S. 1422 -- Senator Macaulay: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM IN OCONEE COUNTY TO BE HELD AT THE SAME TIME AS THE 1994 PRIMARIES TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE COUNTY SUPERINTENDENT OF EDUCATION MUST BE ELECTED OR APPOINTED BY THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT AND TO DETERMINE THE WISHES OF THE ELECTORS OF THE COUNTY AS TO WHETHER THE BOARD OF TRUSTEES OF THE OCONEE COUNTY SCHOOL DISTRICT BE REDUCED IN NUMBER FROM NINE MEMBERS TO FIVE MEMBERS FROM THE SAME SINGLE MEMBER ELECTION DISTRICTS UTILIZED FOR THE ELECTION OF THE MEMBERS OF THE OCONEE COUNTY COUNCIL.

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1423 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE CROP PEST COMMISSION, CLEMSON UNIVERSITY, RELATING TO QUARANTINE OF PHYTOPHAGOUS SNAILS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

On motion of Rep. RHOAD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 1425 -- Senators Courson, Patterson, Giese and Jackson: A BILL TO ABOLISH THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION AND DEVOLVE ITS POWERS, DUTIES, AND FUNCTIONS UPON THE HISTORIC COLUMBIA FOUNDATION; AND TO REPEAL ACT 69 OF 1963, AS AMENDED,


Printed Page 7262 . . . . . Wednesday, May 25, 1994

RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION.

Referred to Richland Delegation.

CONCURRENT RESOLUTION

The following was introduced:

H. 5231 -- Reps. Rogers and Harrelson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF B. B. CAVE OF COLLETON COUNTY WHO DIED TUESDAY, MAY 10, 1994.

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, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Baker            Barber           Baxley
Beatty           Breeland         Brown, H.
Brown, J.        Carnell          Cato
Chamblee         Cobb-Hunter      Cooper
Corning          Delleney         Fair
Farr             Fulmer           Gamble
Gonzales         Graham           Harrelson
Harris, J.       Harris, P.       Harrison
Harwell          Haskins          Hines
Hodges           Holt             Houck
Hutson           Jaskwhich        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Kirsh
Klauber          Lanford          Littlejohn
Marchbanks       McAbee           McCraw
McKay            McMahand         Meacham
Moody-Lawrence   Neilson          Phillips
Rhoad            Richardson       Robinson
Rudnick          Scott            Sheheen
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard

Printed Page 7263 . . . . . Wednesday, May 25, 1994

Stone            Stuart           Thomas
Townsend         Trotter          Tucker
Vaughn           Waites           Waldrop
Walker           Wells            Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Williams
Wofford          Worley           Young, A.
Young, R.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, May 25. Curtis B. Inabinett William D. Witherspoon John W. "Bill" Riser Timothy F. Rogers Robert W. Harrell, Jr. Joseph H. Neal James N. Law Richard M. Quinn, Jr. James G. Mattos Douglas E. McTeer, Jr. Charles R. Sharpe Harry M. Hallman, Jr. G. Ralph Davenport, Jr. H. Howell Clyborne, Jr. June S. Shissias Grady A. Brown David A. Wright Thomas E. Huff James L.M. Cromer, Jr. Larry L. Elliott Joseph T. McElveen, Jr. E.B. McLeod, Jr. C. Lenoir Sturkie William D. Boan Jerry N. Govan, Jr. John J. Snow, Jr. Morgan Martin Larry L. Koon John G. Felder Alma W. Byrd C. Alex Harvin, III Ralph W. Canty James J. Bailey

Total Present--124

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Reps. McLEOD, MARTIN and JASKWHICH signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 24.


Printed Page 7264 . . . . . Wednesday, May 25, 1994

DOCTOR OF THE DAY

Announcement was made that Dr. Ned Nicholson of Edgefield is the Doctor of the Day for the General Assembly.

H. 4794 - CONFERENCE COMMITTEE APPOINTEE CHANGE

The SPEAKER appointed Rep. HODGES in lieu of Rep. HARRISON to the Conference Committee on the following Bill:

H. 4794 -- Reps. Hodges, Sheheen, Jennings, Harrison, Huff, Martin and J. Wilder: A BILL TO AMEND SECTION 1-23-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEARINGS AND PROCEEDINGS OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT CONTESTED CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A SPECIAL HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-650, RELATING TO RULES GOVERNING THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT THESE RULES SHALL BE ADOPTED BY THE DIVISION RATHER THAN PROMULGATED BY THE DIVISION; TO AMEND SECTION 61-1-10, AS AMENDED, RELATING TO THE APPOINTMENT OF ATTORNEYS TO ACT AS ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS, SO AS TO PROVIDE THAT HEARING OFFICERS SHALL BE APPOINTED FOR THESE CASES INITIATED BEFORE MAY 1, 1994; AND TO AMEND SECTION 61-1-55, RELATING TO THE TRANSFER OF THE DUTIES AND RESPONSIBILITIES OF ALCOHOLIC BEVERAGE CONTROL HEARING OFFICERS TO THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT ALCOHOLIC BEVERAGE CASES INITIATED BEFORE MAY 1, 1994, TO WHICH AN ADMINISTRATIVE LAW JUDGE WOULD BE ASSIGNED SHALL BE HEARD AND DECIDED BY A HEARING OFFICER AND CASES INITIATED ON OR AFTER MAY 1, 1994, SHALL BE HEARD AND DECIDED BY AN ADMINISTRATIVE LAW JUDGE, AND TO DELAY FROM MARCH 1, 1994, TO MAY 1, 1994, THE REPEAL OF CERTAIN PROVISIONS OF LAW RELATING TO THE APPOINTMENT OF THESE HEARING OFFICERS.


Printed Page 7265 . . . . . Wednesday, May 25, 1994

ORDERED TO THIRD READING

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

H. 5228 -- Rep. Stone: A BILL TO PROHIBIT THE BOARD OF TRUSTEES OF THE EDGEFIELD COUNTY SCHOOL DISTRICT FROM INCREASING ITS ANNUAL BUDGET MORE THAN FIVE PERCENT FROM THE PREVIOUS FISCAL YEAR WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT APPROVING THE INCREASE.

H. 5188 -- Rep. Quinn: A BILL TO PROVIDE THAT OF THE SEVEN MEMBERS OF THE TRUSTEES OF SCHOOL DISTRICT NUMBER 5 IN LEXINGTON AND RICHLAND COUNTIES, FOUR MUST RESIDE IN LEXINGTON COUNTY AND THREE MUST RESIDE IN RICHLAND COUNTY, TO PROVIDE THAT ALL MUST BE ELECTED FROM ELECTION SEATS WHICH ARE NUMBERED ONE THROUGH SEVEN, DECLARE THE MOST RECENTLY FILLED SEAT FOR AN UNEXPIRED TERM BY THE LEXINGTON COUNTY BOARD OF EDUCATION VACANT AND REQUIRE THAT IT MUST BE FILLED BY A QUALIFIED ELECTOR OF RICHLAND COUNTY AT AN ELECTION TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION.

H. 4432 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVICTION PROCEDURES, SO AS TO CHANGE THE TERM "EVICTION NOTICE" TO "WRIT OF EVICTION OR EJECTMENT" AND TO REPEAL SECTION 27-40-735, A DUPLICATIVE PROVISION RELATING TO PROPERTY OF EVICTED TENANTS.

Rep. GONZALES explained the Bill.

S. 884 -- Senators Hayes, Lander, Leventis and Wilson: A BILL TO AMEND SECTION 38-65-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUP LIFE INSURANCE AND COVERAGE OF FAMILIES OF EMPLOYEES AND MEMBERS, SO AS TO CHANGE THE MAXIMUM AMOUNT OF INSURANCE WITH RESPECT TO A SPOUSE OR CHILD.

Rep. NEILSON explained the Bill.


Printed Page 7266 . . . . . Wednesday, May 25, 1994

H. 4431--OBJECTIONS

The following Bill was taken up.

H. 4431 -- Rep. Gonzales: A BILL TO AMEND SECTION 27-40-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LANDLORD'S LIEN ON A TENANT'S HOUSEHOLD GOODS, SO AS TO CORRECT AN INTERNAL CROSS REFERENCE.

Reps. McMAHAND, HINES, ANDERSON, INABINETT and NEAL objected to the Bill.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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.

S. 1262 -- Senators Giese, Land, Ford, Glover, Waldrep, Moore and Jackson: A BILL TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.

H. 4750--OBJECTION AND SENT TO THE SENATE

The following Bill was taken up.

H. 4750 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND TITLE 5, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDING CODES AND FIRE PREVENTION, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE INSTALLATION AND USE OF SMOKE DETECTORS IN


Printed Page 7267 . . . . . Wednesday, May 25, 1994

RENTAL DWELLINGS AND HOUSING AND PROVIDE FOR PENALTIES.

Rep. GONZALES objected to the Bill.

The Bill was read the third time and ordered sent to the Senate.

SENT TO THE SENATE

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

H. 4841 -- Reps. Neal, McMahand, G. Brown, Scott, Beatty, Cooper, Govan, Waites, P. Harris, Breeland, Harrison, Stille, Shissias, Tucker, Wofford, Hallman, McElveen, Carnell, Sharpe, Davenport, Koon, Kennedy, McTeer, Richardson, Harvin, Chamblee, McLeod and Askins: A BILL TO AMEND SECTION 56-10-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR OPERATING AN UNINSURED VEHICLE, SO AS TO PROVIDE THAT UPON PROOF OF FINANCIAL RESPONSIBILITY, THE PERSON'S DRIVING PRIVILEGES ARE RESTORED.

H. 4975 -- Rep. Rogers: A BILL TO AMEND SECTION 37-2-207, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT WITH CERTAIN EXCEPTIONS FORTY PERCENT OF THE SCHEDULED MINIMUM PAYMENT FOR REVOLVING CHARGE ACCOUNTS ON CONSUMER CREDIT SALES MUST BE APPLIED TO PRINCIPAL REDUCTION, SO AS TO SPECIFY CERTAIN SITUATIONS WHICH ARE NOT CONSIDERED VIOLATIONS OF THIS REQUIREMENT.

H. 5053 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS AND PROVIDE THAT WHEN AN EMPLOYEE MAKES A CLAIM FOR BENEFITS PURSUANT TO TITLE 42 AND THE RECORDS OF THE WORKERS' COMPENSATION COMMISSION INDICATE THAT THE EMPLOYER IS OPERATING WITHOUT INSURANCE, THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION


Printed Page 7268 . . . . . Wednesday, May 25, 1994

OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 706 -- Senator Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-9-62 SO AS TO PROVIDE REQUIREMENTS FOR PACKAGING AND LABELING OF COMMODITIES, SECTION 39-9-64 SO AS TO PROVIDE REQUIREMENTS FOR THE METHOD OF SALE OF COMMODITIES, SECTION 39-9-65 SO AS TO PROVIDE REQUIREMENTS FOR THE REGISTRATION OF SERVICEPERSONS AND SERVICE AGENCIES FOR COMMERCIAL WEIGHING AND MEASURING DEVICES, SECTION 39-9-66 SO AS TO PROVIDE REQUIREMENTS FOR TYPE EVALUATION, SECTION 39-9-68 SO AS TO PROVIDE REQUIREMENTS FOR THE DEPARTMENT OF AGRICULTURE CONSUMER SERVICES DIVISION TO ADMINISTER THE WEIGHTS AND MEASURES LAW, SECTION 39-9-203 SO AS TO PROVIDE RELATED CIVIL PENALTIES, SECTION 39-9-206 SO AS TO PROVIDE FOR AN ADMINISTRATIVE HEARING BEFORE ASSESSMENT OF A CIVIL PENALTY, AND SECTION 39-9-208 SO AS TO PROVIDE RELATED CRIMINAL PENALTIES; TO AMEND CHAPTER 9, TITLE 39, RELATING TO WEIGHTS AND MEASURES FOR COMMODITIES, SO AS TO REVISE DEFINITIONS AND REFERENCES TO CONFORM TO FEDERAL LAW, PROVIDE RELATED POWERS AND DUTIES FOR THE COMMISSIONER OF AGRICULTURE, REVISE REQUIREMENTS FOR LOCAL WEIGHTS AND MEASURES OFFICIALS, FOR QUANTITY, FOR MEASURES BY WHICH COMMODITIES ARE SOLD, FOR BULK DELIVERIES, AND FOR ONE OF A LOT PACKAGES CONTAINING RANDOM WEIGHTS OF THE SAME COMMODITY, PROVIDE FOR PACKAGE INFORMATION REQUIREMENTS TO APPLY TO RANDOM AND STANDARD PACKAGES, REVISE PENALTIES, AND AUTHORIZE APPLICATIONS FOR RESTRAINING ORDERS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES PROVIDED IN CHAPTER 9, TITLE 39.


Printed Page 7269 . . . . . Wednesday, May 25, 1994

S. 48--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Thursday, May 26, which was adopted.

S. 48 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-115-15 SO AS TO ADD THE DEFINITION OF "HEALTH CARE PROVIDER"; AND TO AMEND TITLE 44, CHAPTER 115, RELATING TO THE PHYSICIANS' PATIENT RECORDS ACT, SO AS TO CHANGE THIS CHAPTER TO THE "PATIENT MEDICAL RECORDS ACT" AND TO CHANGE REFERENCES FROM "PHYSICIAN" TO "HEALTH CARE PROVIDER" THROUGHOUT THE CHAPTER.

H. 5158--OBJECTIONS

The following Bill was taken up.

H. 5158 -- Rep. Kirsh: A BILL TO AMEND SECTION 51-13-860 OF THE 1976 CODE, RELATING TO THE LOAN AUTHORIZED FOR THE SETTLEMENT OF CLAIMS AGAINST PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO REDUCE THE MAXIMUM AUTHORIZED AMOUNT FROM SIX MILLION DOLLARS TO FIVE MILLION SIX HUNDRED THOUSAND DOLLARS AND TO PROVIDE FOR THE TRANSFER OF FOUR HUNDRED THOUSAND DOLLARS OF THE LOAN PROCEEDS HELD BY THE STATE BUDGET AND CONTROL BOARD TO THE ECONOMIC DEVELOPMENT ACCOUNT.

Reps. GONZALES, FULMER, McABEE, INABINETT, HOLT and J. BAILEY objected to the Bill.

S. 1377--ORDERED TO THIRD READING

The following Bill was taken up.

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


| Printed Page 7250, May 24 | Printed Page 7270, May 25 |

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