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

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| Printed Page 8150, June 2 |
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(R610) H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.

(R611) H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

(R612) H. 4836 -- Reps. McElveen, Neal, Shissias, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson, Wells, Boan, Hodges and Waldrop: AN ACT TO ENACT THE OMNIBUS CHILD SUPPORT ENFORCEMENT ACT OF 1994 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976; TO AMEND SECTION 20-7-955, RELATING TO SETTLEMENTS AND VOLUNTARY AGREEMENTS IN PATERNITY AND CHILD SUPPORT CASES SO AS TO REQUIRE THE COURT TO APPROVE THESE AGREEMENTS UPON A FINDING OF FAIRNESS, TO REQUIRE THAT A SUMMONS AND COMPLAINT BE FILED WITH THESE AGREEMENTS, AND TO REVISE THE REQUIREMENTS FOR A SETTLEMENT AFFIDAVIT WHEN THE CHILD IS THE RECIPIENT OF PUBLIC ASSISTANCE; TO AMEND SECTION 20-7-956, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE; TO AMEND SECTION 43-5-220, AS AMENDED, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO PROVIDE THAT PAST DUE SUPPORT OWED THAT IS SUBJECT TO COLLECTION AND SETOFF BY THE DEPARTMENT OF REVENUE AND TAXATION INCLUDES HEALTH CARE EXPENSES; TO ADD SECTION 44-7-77 SO AS TO

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REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP A PROGRAM PROMOTING OBTAINING IN-HOSPITAL PATERNITY ACKNOWLEDGMENTS; AND TO ADD SECTION 44-63-75, SO AS TO REQUIRE SOCIAL SECURITY NUMBERS ON BIRTH CERTIFICATE FORMS.

(R613) H. 4839 -- Rep. Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-33-80 SO AS TO PROVIDE FOR FEES FOR PHYTOSANITARY CERTIFICATES TO BE USED BY THE STATE CROP PEST COMMISSION.

(R614) H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF U. S. INTERSTATE I-85 BETWEEN THE NORTH CAROLINA AND GEORGIA STATE LINES AND OTHER SECTIONS EXISTING CURRENTLY OR BEING CONSIDERED OR PROPOSED FOR THE U. S. INTERSTATE SYSTEM LOCATED IN SOUTH CAROLINA AND PROVIDE REQUIREMENTS FOR THE STUDY.

(R615) H. 4844 -- Reps. Shissias, McElveen, Neal, Cobb-Hunter, Cromer, Mattos, Govan, Inabinett, Wofford, Hutson and Wells: AN ACT TO AMEND TITLE 20, CHAPTER 7, ARTICLE 9, SUBARTICLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT, SO AS TO REPLACE THIS ACT WITH THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, TO PROVIDE UNIFORM LEGISLATION TO ASSIST WITH THE INTERSTATE ENFORCEMENT OF SUPPORT AND TO PROVIDE CIVIL AND CRIMINAL ENFORCEMENT PROCEDURES; TO AMEND SECTION 15-35-910, RELATING TO DEFINITIONS IN THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT, SO AS TO REVISE A CROSS REFERENCE; TO PRESERVE RIGHTS AND DUTIES UNDER THE FORMER UNIFORM RECIPROCAL ENFORCEMENT OF SUPPORT ACT; AND TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITION OF "A PERSON RESPONSIBLE FOR A CHILD'S WELFARE".

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(R616) H. 4854 -- Reps. Riser, Hines, Rhoad and Witherspoon: AN ACT TO AMEND SECTION 46-17-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF COMMODITY BOARDS, SO AS TO REVISE THE EX OFFICIO MEMBERS OF THE BOARDS.

(R617) H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: AN ACT 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.

(R618) H. 4872 -- Rep. Houck: AN ACT TO AMEND SECTIONS 44-53-210 AND 44-53-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHEDULES II AND IV CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT INJECTABLE FORMS OF PENTAZOCINE ARE SCHEDULE II AND THAT ORAL DOSAGE FORMS OF PENTAZOCINE ARE SCHEDULE IV.

(R619) H. 4873 -- Rep. Houck: AN ACT TO AMEND SECTION 44-53-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PROFESSIONALS FOR NARCOTICS AND CONTROLLED SUBSTANCES USE INCIDENTAL TO THEIR PROFESSION, SO AS TO REVISE THE DATES FOR EXPIRATION AND RENEWAL OF REGISTRATIONS; AND TO PROVIDE STAGGERED REGISTRATIONS.

(R620) H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: AN ACT 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 FOR THE DEPARTMENT OF CORRECTIONS; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION,

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PAROLE AND PARDON; TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE; TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF ARCHIVES AND HISTORY, PROVIDE THAT THE DEPARTMENT MAY ONLY PROCEED WITH THE EXPENDITURE OF FUNDS FOR ARCHITECTURAL AND ENGINEERING RELATED WORK FOR THE PROPOSED FACILITY; TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS FOR THE DEPARTMENT OF EDUCATION, SCHOOL FOR THE DEAF AND BLIND, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL; AND AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT.

(R621) H. 4954 -- Rep. Klauber: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-437 SO AS TO MAKE IT UNLAWFUL KNOWINGLY TO MAKE ANY FALSE STATEMENT WITH RESPECT TO INCOME FOR THE PURPOSES OF OBTAINING HOUSING FROM A PUBLIC HOUSING AUTHORITY, TO DEFINE PUBLIC HOUSING AND TO PROVIDE A PENALTY AND REQUIRE RESTITUTION FOR VIOLATION.

(R622) H. 5027 -- Reps. Breeland, Waldrop, Holt, Hallman, Inabinett, Fulmer, Jaskwhich, J. Bailey, Spearman, Govan, McMahand, Scott, Whipper, White, Kennedy, Law, Anderson, Williams, G. Bailey, Hines, Phillips, Harrell, Byrd, Keyserling, J. Brown and Canty: AN ACT TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR FOUR OPTIONS WHICH MAY BE OFFERED TO A STUDENT WHO HAS EXITED THE SCHOOL SYSTEM AT THE END OF THE TWELFTH GRADE WITHOUT HAVING PASSED THE EXIT EXAM.

(R623) H. 5033 -- Rep. Phillips: AN ACT TO AMEND SECTION 8-11-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS, AND THE TRANSFER OF AN EMPLOYEE'S ANNUAL LEAVE BALANCES FROM ONE STATE AGENCY TO ANOTHER, SO AS TO PROVIDE THAT ANY PERMANENT EMPLOYEE OF A STATE AGENCY OR DEPARTMENT MUST BE GIVEN FULL STATE SERVICE CREDIT FOR PRIOR SERVICE AS A CERTIFIED EMPLOYEE OF A SCHOOL DISTRICT OF THIS

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STATE FOR PURPOSES OF COMPUTING BONUS EARNINGS AND NO CREDIT MAY BE GIVEN FOR ANY OUT-OF-STATE TEACHING SERVICE OR OTHER SERVICE WITH AN OUT-OF-STATE SCHOOL DISTRICT.

(R624) H. 5037 -- Ways and Means Committee: AN ACT TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 40, THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES ACT, SO AS TO CREATE THE SOUTH CAROLINA INFRASTRUCTURE FACILITIES AUTHORITY AND PROVIDE FOR ITS POWERS AND DUTIES; TO PROVIDE FOR A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO LOCAL GOVERNMENTS TO FINANCE ENVIRONMENTAL FACILITIES AND OTHER INFRASTRUCTURE PROJECTS, TO AUTHORIZE THE AUTHORITY TO ISSUE REVENUE BONDS AND TO PROVIDE FOR THE METHOD OF ISSUING AND SECURING THE BONDS AND THE PAYMENT OF THE BONDS, TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, STATE APPROPRIATIONS AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE REVOLVING FUND, AND TO AUTHORIZE LENDING TO AND BORROWING BY LOCAL GOVERNMENTS THROUGH THE REVOLVING FUND; TO AMEND SECTION 11-37-60, RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY, SO AS TO ALLOW IT TO ISSUE BONDS AND FOR THE PURPOSE OF REFUNDING BONDS ISSUED BEFORE DECEMBER 31, 1992, AND TO REDUCE FROM TWO HUNDRED MILLION TO SIXTY MILLION DOLLARS THE TOTAL PRINCIPAL AMOUNT OF BONDS AUTHORIZED; TO REPEAL SECTION 11-37-70 RELATING TO THE BONDING AUTHORITY OF THE SOUTH CAROLINA RESOURCES AUTHORITY; AND TO PROVIDE THAT WHEN BONDS ISSUED BY THE SOUTH CAROLINA RESOURCES AUTHORITY ARE RETIRED, CHAPTER 37 OF TITLE 11 OF THE 1976 CODE IS REPEALED.

(R625) H. 5053 -- Rep. M.O. Alexander: AN ACT 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, PERMIT THE FUND TO FILE NOTICE OF LIEN WITH THE CLERK OF COURT OR REGISTER OF MESNE

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CONVEYANCES OF ANY COUNTY IN WHICH THE EMPLOYER HAS ASSETS IN THE SAME MANNER AS THE FILING OF SOUTH CAROLINA TAX LIENS, 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 UNINSURED EMPLOYERS' FUND OR ANY PERSON DESIGNATED BY THE DIRECTOR MAY SUBPOENA THE EMPLOYER OR ITS AGENTS AND REQUIRE THE PRODUCTION OF ANY DOCUMENTS OR RECORDS WHICH THE FUND CONSIDERS RELEVANT TO ITS INVESTIGATION OF THE CLAIM; AND TO AMEND SECTION 42-5-20, RELATING TO THE REQUIREMENT ON EMPLOYERS TO CARRY WORKERS' COMPENSATION INSURANCE OR PROVIDE PROOF OF FINANCIAL ABILITY TO PAY CLAIMS, SO AS TO PROVIDE THAT IN LIEU OF SUBMITTING AUDITED FINANCIAL STATEMENTS WHEN AN EMPLOYER MAKES AN APPLICATION TO SELF-INSURE WITH THE WORKERS' COMPENSATION COMMISSION, THE COMMISSION SHALL ACCEPT THE SWORN STATEMENT OR AFFIDAVIT OF AN INDEPENDENT AUDITOR VERIFYING THE FINANCIAL CONDITION OF THE EMPLOYER ACCORDING TO THE REQUIRED FINANCIAL RATIOS AND GUIDELINES ESTABLISHED BY REGULATION OF THE COMMISSION, AND PROVIDE THAT THE INDEPENDENT AUDITOR MUST BE A CERTIFIED PUBLIC ACCOUNTANT USING GENERALLY ACCEPTABLE ACCOUNTING PRINCIPLES IN THE PREPARATION OF THE FINANCIAL STATEMENT OF THE EMPLOYER.

(R626) H. 5084 -- Reps. Wilkins and McTeer: AN ACT TO AMEND SECTION 3-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS AND RELATIONS WITH THE UNITED STATES GOVERNMENT, JURISDICTION OVER LANDS ACQUIRED BY THE UNITED STATES, AND SERVICE OF PROCESS, SO AS TO PROVIDE THAT THE UNITED STATES MAY ACCEPT EXCLUSIVE JURISDICTION OR CONCURRENT JURISDICTION IN AND OVER ANY FEDERAL CORRECTION FACILITY SO ACQUIRED BY THE UNITED STATES PURSUANT TO THE CONSENT GIVEN BY SECTION 3-1-110 WHICH IS CEDED TO THE UNITED STATES FOR ALL PURPOSES EXCEPT THE SERVICE UPON SUCH SITES OF ALL CIVIL AND CRIMINAL

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PROCESS OF THE COURTS OF THIS STATE, AND PROVIDE THAT THE JURISDICTION SO CEDED CONTINUES NO LONGER THAN THE UNITED STATES OWNS SUCH FEDERAL CORRECTION FACILITIES.

(R627) H. 5094 -- Rep. Rhoad: AN ACT TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8; TO AMEND SECTION 50-9-140, AS AMENDED, RELATING TO NONRESIDENT SHOOTING PRESERVE HUNTING LICENSES, SO AS TO INCLUDE RESIDENT LICENSES AND REVISE THE COST OF THE LICENSES; AND TO CREATE AND PROVIDE FOR THE COMMISSION ON SPORTING DOGS AND FIELD TRIALS.

(R628) H. 5146 -- Rep. Whipper: AN ACT TO AUTHORIZE THE CHARLESTON COUNTY SCHOOL DISTRICT TO CHARGE MATRICULATION AND OTHER INCIDENTAL FEES; AND TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.

(R629) H. 5193 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, DEPARTMENT OF LABOR, LICENSING, AND REGULATION, RELATING TO PROVIDERS OF CONTINUING EDUCATION COURSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1759, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R630) H. 5205 -- Reps. Tucker and Chamblee: AN ACT TO AMEND ACT 509 OF 1982, AS AMENDED, RELATING TO THE BOARDS OF TRUSTEES OF THE SCHOOL DISTRICTS IN ANDERSON COUNTY, SO AS TO REVISE THE AREAS OR DISTRICTS FROM WHICH TRUSTEES OF SCHOOL DISTRICT 4 ARE ELECTED AND PROVIDE THAT THE TRUSTEES MUST BE ELECTED FROM THE ELECTION DISTRICTS IN WHICH THEY RESIDE.

(R631) H. 5210 -- Reps. Lanford, Walker, Littlejohn, Davenport, Vaughn, D. Wilder and Beatty: AN ACT TO DEVOLVE THE POWERS

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AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE SEVEN BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF SPARTANBURG COUNTY, AND ABOLISH THE COUNTY BOARD OF EDUCATION; TO ESTABLISH THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, PROVIDE FOR THE OVERSIGHT COMMITTEE'S MEMBERSHIP, CHAIRMAN, AND POWERS, DUTIES, AND FUNCTIONS; TO PROVIDE THAT EACH OF THE SEVEN BOARDS OF TRUSTEES OF SPARTANBURG COUNTY SHALL HAVE TOTAL FISCAL AUTONOMY; TO PROVIDE THAT FUNDING DERIVED FROM MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED ANNUALLY TO EACH OF THE SEVEN SCHOOL DISTRICTS BY THE SPARTANBURG COUNTY TREASURER'S OFFICE IN ACCORDANCE WITH THE PAYMENT PROCEDURES AS DIRECTED BY THE OVERSIGHT COMMITTEE; AND TO PROVIDE THAT ALL ASSETS OF THE COUNTY BOARD OF EDUCATION MUST BE SOLD AND THE PROCEEDS FROM THE SALE MUST BE DISTRIBUTED EQUALLY BASED ON AVERAGE DAILY MEMBERSHIP IN EACH OF THE SEVEN SCHOOL DISTRICTS IN SPARTANBURG COUNTY.

ADJOURNMENT

At 7:27 P.M. the House in accordance with the motion of Rep. RISER adjourned Sine Die in memory of Thad Allen Billings of West Columbia.

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