Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 2100, Mar. 29 | Printed Page 2120, Mar. 30 |

Printed Page 2110 . . . . . Wednesday, March 29, 1995

Whereas, federal investment in Amtrak has fallen in the last decade while it has risen for airports and highways; and

Whereas, states may use highway trust fund money as an eighty percent federal match for a variety of nonhighway programs, but they are prohibited from using such monies for Amtrak projects; and

Whereas, Amtrak pays a fuel tax that airlines do not pay; and

Whereas, Amtrak workers and vendors pay more in taxes than the federal government invests in Amtrak. Now, therefore,

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

That Congress is urged not to reduce federal funding of Amtrak.

Be it further resolved that Amtrak be excused from paying fuel taxes that airlines do not pay.

Be it further resolved that states be given the flexibility to use federal highway trust fund monies on Amtrak projects if they so choose.

Be it further resolved that federal officials include a strong Amtrak system in any plans for a national transportation system.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of South Carolina's Congressional Delegation, all at Washington, D.C.

The Concurrent Resolution was adopted and ordered returned to the Senate.

H. 3642--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 3642 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE IMMEDIATE ACTION TO STOP THE DUMPING INTO THE AMERICAN MARKET OF VELVET IMPORTED FROM OTHER COUNTRIES AND TO REQUEST THE CONGRESS TO EXTEND THE IMPORTED VELVET DUTY TAX WHICH IS TO EXPIRE AT THE END OF 1996.

Whereas, it has come to the attention of the members of the General Assembly that vast quantities of cheaply produced velvet are being imported into the United States from overseas including such countries as South Korea; and


Printed Page 2111 . . . . . Wednesday, March 29, 1995

Whereas, while it is true that velvet can be produced in these countries at competitive prices, it is an unfair trade practice for foreign producers to sell velvet in this country far below its market price and possibly its production price in an attempt to force United States manufacturers out of business; and

Whereas, in recent years United States velvet manufacturers, with the assistance of federal and state officials, have been partially successful in limiting the amount of imported velvet which may be shipped into this country; and

Whereas, domestic velvet producers can compete with foreign producers provided that foreign producers adhere to the laws of this country which prohibit the practice of "dumping"; and

Whereas, there is also presently an imported velvet duty tax which is scheduled to expire at the end of 1996, and an extension of this tax would substantially help in bringing balance to the United States velvet market; and

Whereas, if steps are not taken to immediately deal with this problem, all competition in the velvet industry could be eliminated to the detriment of American consumers as American manufacturers are forced out of the marketplace. Now, therefore,

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

That the members of the General Assembly, by this resolution, hereby memorialize the Congress of the United States to take immediate action to stop the dumping into the American market of velvet imported from other countries and request the Congress to extend the imported velvet duty tax which is to expire at the end of 1996.

Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate; the Speaker of the United States House of Representatives; and all members of the South Carolina Congressional Delegation in Washington, D.C.

Rep. KOON explained the Concurrent Resolution.

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

MOTION PERIOD

The motion period was dispensed with on motion of Rep. KIRSH.

RECURRENCE TO THE MORNING HOUR

Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.


Printed Page 2112 . . . . . Wednesday, March 29, 1995

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to the appropriate committee:

H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A CHILD NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.

Referred to Committee on Education and Public Works.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HASKINS.

Rep. COOPER moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 11:40 A.M. the House in accordance with the motion of Rep. RICE adjourned in memory of Mary G. Sandzen of Greenville, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2113 . . . . . Thursday, March 30, 1995

Thursday, March 30, 1995

(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:

Our Father God, too often we have turned to the broken cisterns of worldly wisdom and to our own imagined sophisticated cleverness. Make, then, our minds the audience of Your teachings and our fickle hearts Your abiding place. Keep us from pettiness, from self-pity and from prejudice. In our vision of the best, give us courage to attempt, patience to endure and power to achieve, seeking Your guidance in the unknown and tangled ways of life. When difficult problems trample and terrify us, cause us to lean heavily upon God's right arm.

Keep clear in our minds the words of the Psalmist: "God is our Refuge and Strength." (Psalm 46:1a) 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.

MOTION ADOPTED

Rep. MEACHAM moved that when the House adjourns, it adjourn in memory of Howard Knox of Fort Mill, which was agreed to.


Printed Page 2114 . . . . . Thursday, March 30, 1995

CONFIRMATION OF APPOINTMENT

REFERRED TO JUDICIARY COMMITTEE

The following was received.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 29, 1995
Mr. Speaker and Members of the House:

I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.

Respectfully,
David M. Beasley
Governor

STATEWIDE APPOINTMENT

Initial Appointment, State Ethics Commission, with term to commence June 30, 1993, and to expire June 30, 1996:

At-Large:

Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607 VICE John S. Simmons (resigned)

The SPEAKER ordered the appointment confirmation referred to the Judiciary Committee.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 29, 1995
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:15 A.M., Thursday for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. HARRISON, the invitation was accepted.


Printed Page 2115 . . . . . Thursday, March 30, 1995

REPORTS OF STANDING COMMITTEES

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3141 -- Reps. Neilson, Inabinett, Hines, Lloyd and T. Brown: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION AND BENEFITS FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE FOR REIMBURSEMENT FOR EXPENSES ACTUALLY INCURRED, TO DELETE THE RESTRICTIONS ON INSURANCE BENEFITS, AND TO ALLOW THE DISTRICT TO SET THE AMOUNT OF PER DIEM.
Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

H. 3269 -- Reps. Richardson, P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Kelley, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-69-77 SO AS TO ALLOW A LICENSED CONTINUING CARE RETIREMENT COMMUNITY THAT OPERATES A HOME HEALTH AGENCY AND A NURSING HOME TO SHARE CERTAIN SERVICES BETWEEN THE HOME HEALTH AGENCY AND THE NURSING HOME; AND TO AMEND SECTION 44-69-75, RELATING TO REQUIRING A HOME HEALTH AGENCY TO OBTAIN A CERTIFICATE OF NEED BEFORE BEING LICENSED, SO AS TO EXEMPT CERTAIN CONTINUING CARE RETIREMENT COMMUNITIES WHICH PROVIDE HOME HEALTH SERVICES TO ITS RESIDENTS.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:

S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL


Printed Page 2116 . . . . . Thursday, March 30, 1995

CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:

H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.

Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:

H. 3685 -- Reps. Walker, Baxley, Fleming, Neilson, Hines, Allison, Townsend, Beatty, Chamblee, Littlejohn, Wells, Davenport, Trotter, Lanford, Marchbanks and D. Smith: A BILL TO AMEND SECTION 59-30-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TESTING ARRANGEMENTS ON THE EXIT EXAMINATION FOR STUDENTS WITH LEARNING DISABILITIES, SO AS TO PROVIDE THAT STUDENTS WITH DISCALCULIA, AND WITH OTHER DOCUMENTED LEARNING DISABILITIES IN MATHEMATICS AS STIPULATED BY REGULATION OF THE STATE BOARD OF EDUCATION, MAY USE A CALCULATOR ON THE MATH PORTIONS OF THE EXIT EXAMINATION.

Ordered for consideration tomorrow.


Printed Page 2117 . . . . . Thursday, March 30, 1995

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.

Ordered for consideration tomorrow.

INTRODUCTION OF BILLS

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

H. 3906 -- Reps. Harrison and Scott: A BILL TO AMEND SECTION 38-53-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A BONDSMAN ACTING AS SURETY ON BAIL BONDS MAINTAINS DEPOSITS WITH THE CLERK OF COURT IN CERTAIN AMOUNTS, SO AS TO CHANGE FROM ASSESSED TO FAIR MARKET THE VALUE WHICH MUST BE PLEDGED IF THE DEPOSITS ARE REAL PROPERTY AND TO PROVIDE FOR THE MANNER IN WHICH THIS VALUE IS DETERMINED.

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

H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING


Printed Page 2118 . . . . . Thursday, March 30, 1995

DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.

Without reference.

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

Referred to Committee on Labor, Commerce and Industry.

H. 3910 -- Reps. Breeland, Herdklotz, Clyburn, S. Whipper, Jaskwhich, Hines, McMahand, J. Brown, Robinson, Keyserling, Trotter, Inabinett, Lloyd, White, Moody-Lawrence, Williams, Richardson, Haskins and Stoddard: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR PARTICIPATING IN INTERSCHOLASTIC ACTIVITIES BY STUDENTS IN GRADES NINE THROUGH TWELVE, SO AS TO REQUIRE STUDENTS TO HAVE AN OVERALL "C" AVERAGE IN THE PRECEDING SEMESTER AND HAVE PASSED AT LEAST FOUR ACADEMIC COURSES INCLUDING EACH UNIT TAKEN WHICH IS REQUIRED FOR GRADUATION, AND TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL PROVIDE ACADEMIC ASSISTANCE FOR THOSE STUDENTS WHO DESIRE TO PARTICIPATE BUT WHO HAVE NOT MAINTAINED A "C" AVERAGE IN THE PRECEDING SEMESTER.

Referred to Committee on Education and Public Works.

H. 3911 -- Reps. Felder, Wilkins, Tucker, Harrison, Baxley, P. Harris and Carnell: A BILL TO AMEND SECTION 14-1-200, CODE OF


Printed Page 2119 . . . . . Thursday, March 30, 1995

LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF SALARIES OF SUPREME COURT JUSTICES, JUDGES OF THE COURT OF APPEALS, CIRCUIT COURT, AND FAMILY COURT, AND CIRCUIT SOLICITORS, SO AS TO AUTHORIZE AN INCREASE IN THE SALARIES OF CIRCUIT SOLICITORS.

Referred to Committee on Ways and Means.

S. 27 -- Senator Mescher: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.

Referred to Committee on Judiciary.

S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3908 -- Reps. Harvin and Thomas: A CONCURRENT RESOLUTION SALUTING WINYAH DISPENSARY, INC., ON THE


Printed Page 2120 . . . . . Thursday, March 30, 1995

OCCASION OF ITS TWENTY-NINTH ANNIVERSARY AND COMMENDING THE COMPANY'S FOUNDER, DR. CHARLES F. COOPER, FOR HIS BUSINESS SUCCESS AND CONTRIBUTIONS TO A STRONG SOUTH CAROLINA ECONOMY.


| Printed Page 2100, Mar. 29 | Printed Page 2120, Mar. 30 |

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