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 7420, May 26 | Printed Page 7440, May 26 |
Printed Page 7430 . . . . . Thursday, May 26, 1994
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.

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.

H. 5218 -- Rep. McAbee: A BILL TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM S33-266 IN McCORMICK COUNTY.

S. 1046--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. THOMAS, with unanimous consent, it was ordered that S. 1046 be read the third time tomorrow.

S. 1378--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 1378 be read the third time tomorrow.

S. 1379--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. PHILLIPS, with unanimous consent, it was ordered that S. 1379 be read the third time tomorrow.

H. 5218--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 5218 be read the third time tomorrow.

Printed Page 7431 . . . . . Thursday, May 26, 1994
S. 497--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.

S. 497 -- Senator Bryan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN PROBATE COURT FEES AND COSTS, SO AS TO REVISE THESE FEES AND COSTS; TO AMEND SECTION 8-21-790, RELATING TO FEES FOR SETTLEMENT OF ESTATES, SO AS TO DELETE LANGUAGE AUTHORIZING THE TAX COMMISSION TO RETAIN CERTAIN OF THESE FEES; TO AMEND SECTION 20-1-230, RELATING TO THE ISSUANCE OF MARRIAGE LICENSES, SO AS TO REVISE A REFERENCE TO THE FEE FOR MARRIAGE LICENSES; AND TO REPEAL SECTION 8-21-780, RELATING TO FEES OF THE PROBATE COURT FOR PROVIDING COPIES OF CERTAIN STATEMENTS, AND SECTION 15-37-70, RELATING TO COSTS AND EXPENSES OF ADMINISTRATION AND SETTLEMENT OF SMALL ESTATES.

H. 4709--DEBATE ADJOURNED

Rep. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.

H. 4709 -- Reps. Phillips, McKay, Kinon and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-9-250 SO AS TO PROVIDE THAT IMPROVEMENTS TO PROPERTY LOCATED WITHIN A FIVE-MILE PERIMETER AROUND A PUBLICLY-OWNED AIRPORT RECEIVING STATE FUNDS MUST BE APPROVED BY THE GOVERNING BODY CHARGED BY LAW WITH THE OPERATION OF THE AIRPORT IF THE IMPROVEMENT CONSTITUTES A HAZARD TO AVIATION.

S. 699--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR

Printed Page 7432 . . . . . Thursday, May 26, 1994
REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.

Reps. WILKES and KIRSH proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5911HTC.94), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 3, 4, and 5, and inserting:

/SECTION 3. Upon approval by the Governor, this act is effective for taxable years beginning after 1993./

Renumber sections to conform.

Amend title to conform.

Rep. WILKES explained the amendment.

The amendment was then adopted.

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

S. 699--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WILKES, with unanimous consent, it was ordered that S. 699 be read the third time tomorrow.

H. 4691--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 26, 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. 4691:
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Very respectfully,
President

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

Printed Page 7433 . . . . . Thursday, May 26, 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. 4911--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 26, 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. 4911:
H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
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.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 26, 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. 706:
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

Printed Page 7434 . . . . . Thursday, May 26, 1994
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.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

Printed Page 7435 . . . . . Thursday, May 26, 1994
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 26, 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. 778:
S. 778 -- Senator Setzler: A BILL TO AMEND SECTION 59-1-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM HOURS AND USE OF THE SCHOOL DAY, SO AS TO PROVIDE THAT THE REQUIRED INSTRUCTIONAL DAY OF SIX HOURS MAY ALSO CONSIST OF A WEEKLY EQUIVALENT AND TO PROVIDE AN APPROVAL PROCEDURE FOR THE EARLY DISMISSAL OF SCHOOLS NECESSITATED BY EMERGENCY CONDITIONS AND THAT THE DAYS MISSED ARE NOT REQUIRED TO BE MADE UP IF THE EARLY DISMISSAL IS APPROVED.
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 26, 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. 4811:
H. 4811 -- Rep. G. Bailey: A BILL TO AMEND SECTION 61-3-1020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE CONDUCT OF OTHER BUSINESS IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO AUTHORIZE THE SALE OF NONALCOHOLIC ITEMS INSTEAD OF NONALCOHOLIC BEVERAGES PACKAGED TOGETHER WITH ALCOHOLIC

Printed Page 7436 . . . . . Thursday, May 26, 1994
LIQUORS AND TO REQUIRE THE PACKAGING AT THE ALCOHOLIC LIQUOR PRODUCER'S PLACE OF BUSINESS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

S. 624--ORDERED TO THIRD READING

Rep. WALKER moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.

S. 624 -- Senator Giese: A BILL TO AMEND SECTION 59-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISION OF PHYSICAL EDUCATION COURSES BY THE STATE SUPERINTENDENT OF EDUCATION, SO AS TO PROVIDE THAT THE PHYSICAL EDUCATION COURSE REQUIRED IN THE SECONDARY SCHOOLS MUST BE GIVEN OVER TWO SEMESTERS WITH THE FIRST SEMESTER BEING A PERSONAL FITNESS AND WELLNESS COMPONENT AND THE SECOND SEMESTER BEING A LIFETIME FITNESS COMPONENT.

Rep. FAIR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7928BDW.94), which was ruled out of order.

Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:

/SECTION __. Chapter 32, Title 59 of the 1976 Code is amended by adding:

"Section 59-32-1. The purpose of this chapter is to promote general good health practices and to reduce the incidence of sexual activity among school age youth."

SECTION __. Section 59-32-60 of the 1976 Code is amended to read:

"Section 59-32-60. The department shall assure district compliance with this chapter. In addition to the duties prescribed by this chapter, the State Board of Education also shall assure district compliance. Each local

Printed Page 7437 . . . . . Thursday, May 26, 1994
school board shall consider the programs addressed in this chapter in developing its annual district report."/

Renumber sections to conform.

Amend title to conform.

Rep. FAIR explained the amendment.

POINT OF ORDER

Rep. STILLE raised the Point of Order that Amendment No. 1 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

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

S. 624--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. STILLE, with unanimous consent, it was ordered that S. 624 be read the third time tomorrow.

S. 891--MOTION TO RECONSIDER REJECTED

ON THE MOTION TO ADJOURN DEBATE

Rep. FARR moved to reconsider the vote whereby debate was adjourned on the following Bill, which was rejected.

S. 891 -- Senators Short, Greg Smith, Washington and Mescher: A BILL TO AMEND ARTICLE 1, CHAPTER 5, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION 43-5-24, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE THE DEPARTMENT OF SOCIAL SERVICES INFORMATION ON METHODS OF CONTRACEPTION AND FAMILY PLANNING TO BE DISSEMINATED TO INDIVIDUALS SEEKING ASSISTANCE.

S. 1358--DEBATE ADJOURNED

Rep. ROBINSON moved to adjourn debate upon the following Bill until Tuesday, May 31, which was adopted.

S. 1358 -- Senators Leatherman, J. Verne Smith, Glover, Martin, Matthews, McGill and Peeler: A BILL TO AMEND SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME WITHHOLDING FOR

Printed Page 7438 . . . . . Thursday, May 26, 1994
CHILD SUPPORT BY ADDING SECTIONS 20-7-1200, 20-7-1210, 20-7-1220, 20-7-1230, 20-7-1240, 20-7-1250, 20-7-1260, 20-7-1270, AND 20-7-1280, SO AS TO PROVIDE PROCEDURES FOR MEDICAL CHILD SUPPORT AND INCOME WITHHOLDING, INCLUDING PROVISIONS REQUIRED IN A COURT ORDER IF A PARENT IS REQUIRED TO PROVIDE HEALTH COVERAGE; EMPLOYERS' AND HEALTH INSURERS' OBLIGATIONS UPON RECEIPT OF AN ORDER REQUIRING A PARENT TO PROVIDE HEALTH COVERAGE, INCLUDING THE WITHHOLDING OF WAGES FOR THE COST OF HEALTH INSURANCE PREMIUMS; AUTHORITY FOR THE STATE MEDICAID AGENCY TO SEEK INCOME WITHHOLDING FOR REIMBURSEMENT FOR EXPENDITURES ON BEHALF OF A CHILD; THE PRIORITY OF MEDICAL INCOME WITHHOLDING OVER OTHER LEGAL PROCESSES; PROHIBITING AN EMPLOYER FROM TAKING ACTION AGAINST AN EMPLOYEE BECAUSE OF AN INCOME WITHHOLDING ORDER FOR HEALTH COVERAGE AND PENALTIES; BY ADDING SECTION 38-71-143 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH HEALTH INSURANCE COVERAGE MUST BE PROVIDED FOR AN ADOPTED CHILD OR A CHILD PLACED FOR ADOPTION; BY ADDING SECTION 38-71-245 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A HEALTH INSURER IS PROHIBITED FROM DENYING A CHILD ENROLLMENT IN A HEALTH PLAN; BY ADDING SECTION 38-71-250 SO AS TO REQUIRE A HEALTH INSURER TO ENROLL A CHILD AND PROVIDE COVERAGE IF THE CHILD'S PARENT IS ORDERED TO PROVIDE COVERAGE AND IS ELIGIBLE FOR FAMILY COVERAGE; BY ADDING SECTION 38-71-255 SO AS TO PROHIBIT A HEALTH INSURER FROM TREATING THE STATE MEDICAID AGENCY DIFFERENTLY FROM OTHER INDIVIDUALS IF THE AGENCY HAS BEEN ASSIGNED THE RIGHTS OF A PERSON COVERED UNDER THE INSURED'S PLAN; BY ADDING SECTION 38-71-260 SO AS TO REQUIRE A HEALTH INSURER TO PROVIDE CERTAIN INFORMATION AND RIGHTS TO A NONCUSTODIAL PARENT WHO PROVIDES COVERAGE OF THEIR CHILD THROUGH THAT INSURER; BY ADDING SECTION 38-71-265 SO AS TO PROHIBIT AN INSURER FROM CONSIDERING A PERSON'S ELIGIBILITY FOR MEDICAID WHEN ENROLLING A PERSON OR MAKING PAYMENTS UNDER ITS PLAN AND TO ASSIGN THE RIGHTS TO THE STATE FOR THIRD PARTY REIMBURSEMENT WHEN THE STATE HAS MADE PAYMENTS UNDER MEDICAID ON BEHALF OF A PERSON; AND BY ADDING
Printed Page 7439 . . . . . Thursday, May 26, 1994
SECTION 43-7-460 SO AS TO DIRECT THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO SEEK RECOVERY FROM THE ESTATE OF A PERSON FOR WHOM MEDICAL ASSISTANCE WAS PAID FOR UNDER MEDICAID AND TO PROVIDE CERTAIN CONDITIONS AND PROCEDURES FOR SEEKING THE RECOVERY; TO AMEND SECTION 43-7-410, RELATING TO DEFINITIONS PERTAINING TO REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO REVISE THE DEFINITION OF "PRIVATE INSURER"; TO AMEND SECTION 43-7-440, RELATING TO THE ENFORCEMENT AND ASSIGNMENT OF RIGHTS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND INSURANCE CONTRACT RIGHTS OF MEDICAID RECIPIENTS, SO AS TO PROHIBIT AN ISSUER FROM TAKING INTO ACCOUNT THAT AN APPLICANT IS ELIGIBLE FOR MEDICAID AND TO PROVIDE THAT THE STATE ACQUIRES THE RIGHTS OF AN INDIVIDUAL FOR MEDICAL PAYMENTS WHEN THE PERSON RECEIVED MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO AMEND SECTION 62-3-805, RELATING TO CLASSIFICATION OF CREDITORS' CLAIMS FROM A DECEDENT'S ESTATE, SO AS TO INCLUDE MEDICAL ASSISTANCE PAID FOR UNDER MEDICAID; TO DESIGNATE SECTIONS 20-7-1315 THROUGH 20-7-1329 AS PART II, SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 ENTITLED "INCOME WITHHOLDING TO ENFORCE SUPPORT OBLIGATIONS"; AND TO RENAME SUBARTICLE 6, ARTICLE 9, CHAPTER 7, TITLE 20 "INCOME WITHHOLDING".

Rep. FAIR moved that the House do now adjourn.

Rep. HARRISON demanded the yeas and nays, which were not ordered.

The motion to adjourn was agreed to by a division vote of 47 to 36.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5232 -- Rep. Anderson: A CONCURRENT RESOLUTION CONGRATULATING DR. NORMAN P. PEARSON, SR., ON HIS SILVER ANNIVERSARY AS PASTOR OF NEW PROSPECT MISSIONARY BAPTIST CHURCH OF WILLIAMSTON.

H. 5235 -- Rep. G. Bailey: A CONCURRENT RESOLUTION TO CONGRATULATE THE DORCHESTER ACADEMY RAIDERS ON

Printed Page 7440 . . . . . Thursday, May 26, 1994
WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION'S CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP.

| Printed Page 7420, May 26 | Printed Page 7440, May 26 |
Page Finder Index