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

Page Finder Index

| Printed Page 960, Feb. 17 | Printed Page 980, Feb. 22 |

Printed Page 970 . . . . . Tuesday, February 21, 1995

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 21.

Thomas N. Rhoad          Ronald N. Fleming
Michael F. Jaskwhich     James N. Law
William D. Keyserling    Jean L. Harris
Denny W. Neilson         Leon Howard
Jackson S. Whipper       Joseph H. Neal
Marion P. Carnell        Timothy F. Rogers
Larry L. Elliott         Harry R. Askins
Juanita M. White         Joseph T. McElveen, Jr.
Douglas Jennings, Jr.    Grady A. Brown
John G. Felder           Robert W. Harrell, Jr.
C. Alex Harvin, III      L. Morgan Martin

Total Present--122

LEAVES OF ABSENCE

The SPEAKER granted Rep. ALLISON a leave of absence due to illness in the family.

The SPEAKER granted Rep. CANTY a leave of absence for Tuesday and Wednesday to attend a National Pastor's Retreat.

DOCTOR OF THE DAY

Announcement was made that Dr. Stanley C. Baker, Jr. of Greenwood is the Doctor of the Day for the General Assembly.

SILENT PRAYER

The House stood in silent prayer for Mr. Raymond Allen Nichols, father of Rep. ALLISON, who is having open heart surgery today.


Printed Page 971 . . . . . Tuesday, February 21, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 3640 -- Reps. Waldrop and Wilder: A CONCURRENT RESOLUTION TO CONGRATULATE DEBRA TEMPLIN, A TEACHER AT NEWBERRY MIDDLE SCHOOL, UPON BEING NAMED AS STATE TEACHER OF THE YEAR FOR 1995.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3641 -- Reps. Kennedy, T. Brown and Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE MR. JOSEPH WASHINGTON OF THE TOWN OF NESMITH FOR HIS MANY YEARS OF SERVICE TO THE CITIZENS OF WILLIAMSBURG COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

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.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

On motion of Rep. HARRISON, with unanimous consent, the following was taken up for immediate consideration:

H. 3643 -- Rep. Harrison: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING WORK PERFORMED BY THE CHIROPRACTIC PROFESSION IN THE UNITED STATES AND IN SOUTH CAROLINA ON THE OCCASION OF ITS ONE HUNDREDTH


Printed Page 972 . . . . . Tuesday, February 21, 1995

ANNIVERSARY THIS YEAR AND TO DECLARE THURSDAY, MARCH 30, 1995, AS "SOUTH CAROLINA CHIROPRACTIC CENTENNIAL DAY" IN SOUTH CAROLINA.

Whereas, the chiropractic profession was founded on September 18, 1895, by Daniel David Palmer in Davenport, Iowa, and will celebrate its centennial on September 18, 1995; and

Whereas, the profession of chiropractic is now practiced by doctors of chiropractic throughout the world, including fifty thousand doctors in the United States and many hundreds of fine doctors in South Carolina; and

Whereas, contemporary standards in chiropractic education, research, and practice have led to ever broadening acceptance of the benefits of chiropractic health care by the public and the health care community; and

Whereas, each year millions of Americans now choose chiropractic health care for the restoration and maintenance of their health by natural methods and without the use of drugs or surgery. Now, therefore,

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

That the members of the General Assembly hereby recognize the outstanding work performed by the chiropractic profession in the United States and in South Carolina and on the occasion of its one hundredth anniversary this year and to declare Thursday, March 30, 1995, as "South Carolina Chiropractic Centennial Day" in South Carolina.

Be it further resolved that Governor David M. Beasley is requested to issue an Executive Order proclaiming Thursday, March 30, 1995, as "South Carolina Chiropractic Centennial Day" in South Carolina.

Be it further resolved that a copy of this resolution be forwarded to Governor Beasley.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3644 -- Rep. Harrison: A CONCURRENT RESOLUTION TO COMMEND THE INTERNATIONAL ASSOCIATION OF LIONS CLUBS AND EACH OF THE LIONS CLUBS IN SOUTH CAROLINA FOR THE OUTSTANDING WORK THAT THEY DO IN SERVING THEIR FELLOW MAN AND TO WELCOME INTERNATIONAL


Printed Page 973 . . . . . Tuesday, February 21, 1995

DIRECTOR ALBERT F. BRANDEL TO SOUTH CAROLINA AS HE SPEAKS AT THE LIONS DISTRICT 32-D MID-WINTER RALLY.

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

SENT TO THE SENATE

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

H. 3590 -- Reps. Harrell, Dantzler, Fulmer, Hallman, Hutson, Limehouse, Seithel, Whatley, L. Whipper, Inabinett and Breeland: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, COMMISSIONS, AND TO THE GOVERNING BODIES OF SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING CHARLESTON COUNTY TO THE GOVERNING BODY OF CHARLESTON COUNTY.

H. 3574 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP ISSUANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1769, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: A BILL TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.

H. 3311 -- Rep. Rogers: A BILL TO AMEND SECTION 7-5-155, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO DELETE THE REQUIREMENT THAT AN APPLICATION BE WITNESSED BY A QUALIFIED ELECTOR FROM THE RESPECTIVE COUNTY AND PROVIDE THAT IT ONLY BE WITNESSED BY A QUALIFIED ELECTOR.


Printed Page 974 . . . . . Tuesday, February 21, 1995

H. 3602 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO ADJUSTMENT OF DOLLAR AMOUNTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1775, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3517--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, February 22, which was adopted.

H. 3517 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-1-206 AND 14-1-209, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS TO BE IMPOSED IN CRIMINAL CASES IN CERTAIN COURTS, SO AS TO EXCLUDE THE FAMILY COURT; TO AMEND SECTION 16-19-10, RELATING TO THE UNLAWFUL SETTING UP OF LOTTERIES, SO AS TO FURTHER PROVIDE FOR THE PENALTIES TO BE IMPOSED AND FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 17-15-260, RELATING TO THE DISPOSITION OF CERTAIN BAIL AND RECOGNIZANCES, SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS TO BE DEPOSITED IN THE STATE GENERAL FUND MUST BE TRANSMITTED TO THE STATE TREASURER; TO AMEND SECTION 23-31-190, AS AMENDED, RELATING TO THE PENALTIES FOR PISTOL OR FIREARM VIOLATIONS, SO AS TO FURTHER PROVIDE FOR THE DISTRIBUTION OF THE REQUIRED FINE; TO AMEND SECTION 56-5-6540, RELATING TO THE PENALTIES FOR SAFETY BELT VIOLATIONS, SO AS TO DELETE THE PROHIBITION AGAINST COURT COSTS BEING ASSESSED AGAINST THE PERSON CONVICTED; AND TO REPEAL SECTION 24-23-220, RELATING TO THE PAYMENT AND DISTRIBUTION OF CERTAIN ASSESSMENTS AND RESTITUTION CHARGES AND SECTION 47-1-160 RELATING TO THE DISPOSITION OF FINES FOR CRUELTY TO ANIMAL VIOLATIONS.

H. 3262--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3262 -- Reps. Harrison, Baxley, Jennings, Cobb-Hunter, Beatty, Huff, Martin, S. Whipper, L. Whipper and Hodges: A BILL TO


Printed Page 975 . . . . . Tuesday, February 21, 1995

AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-547 SO AS TO ENSURE THE RIGHT OF BREAST IMPLANT VICTIMS WHO ARE MEMBERS OF THE SETTLEMENT CLASS OF THE IN RE SILICONE GEL BREAST IMPLANT PRODUCTS LIABILITY LITIGATION (MDL 926) TO BRING AN ACTION FOR PERSONAL INJURIES OR DEATH.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7151BDW.95), which was adopted.

Amend the bill, as and if amended, Section 15-3-547, beginning on line 28, by striking /of completion of any opt-out period, which includes, but is not limited to, completion of nonbinding mediation, or/ and inserting /a class member opts out of the settlement, completion of nonbinding mediation, or, for those who do not opt-out,/ so that when amended the section reads:

/Section 15-3-547. A cause of action or derivative claim for personal injury or death related to breast implant or breast implant materials for a member of the Settlement Class of the In Re Silicone Gel Breast Implant Products Liability Litigation (MDL 926) is continued or revived, and an action for personal injury or death may be commenced within thirty days after the date a class member opts out of the settlement, completion of nonbinding mediation, or, for those who do not opt-out, within thirty days after the termination of the Breast Implant Litigation Settlement Agreement in the In Re Silicone Gel Breast Implant Products Liability Litigation (MDL 926), whichever is later. A cause of action for personal injury or death related to breast implant or breast implant materials of a member commenced before the effective date of this section must not be dismissed based upon a period of limitations./

Amend title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. KLAUBER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21464SD.95), which was tabled.

Amend the Report of the Committee on Judiciary, as and if amended, in Section 15-3-547 of the 1976 Code, by inserting immediately after /limitations./ on line 2, page 3262-2 /Provided, however, that this extension of the statute of limitations does not apply to a cause of action


Printed Page 976 . . . . . Tuesday, February 21, 1995

based in whole or in part upon a products liability theory where a physician licensed by the State of South Carolina is named as a defendant./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KLAUBER explained the amendment.

Rep. HARRISON spoke upon the amendment.

Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 37 to 20.

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

H. 3314--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3314 -- Rep. Rogers: A BILL TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO PROHIBIT A MEMBER OF THE COMMISSION FROM PARTICIPATING IN POLITICAL MANAGEMENT OR IN A POLITICAL CAMPAIGN DURING THE MEMBER'S TERM OF OFFICE, TO PROHIBIT A MEMBER OF THE COMMISSION FROM MAKING A CONTRIBUTION TO A CANDIDATE OR KNOWINGLY ATTEND A FUNDRAISER HELD FOR THE BENEFIT OF A CANDIDATE, AND TO PROVIDE THAT THE MEMBER MAY BE REMOVED FOR A VIOLATION OF THIS SECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9890DW.95), which was adopted.

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

/SECTION . The 1976 Code is amended by adding:

"Section 7-13-75. No member of a county or municipal election commission, voter registration board, or combined election and voter registration commission may participate in political management or in a political campaign during the member's term of office. No member may make a contribution to a candidate or knowingly attend a fundraiser held for the benefit of a candidate over whose election the member has


Printed Page 977 . . . . . Tuesday, February 21, 1995

jurisdiction. Violation of this section subjects the member to removal by the Governor or appropriate appointive authority."/

Renumber sections to conform.

Amend title to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

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

H. 3185--DEBATE ADJOURNED

The following Bill was taken up.

H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.

Rep. SANDIFER explained the Bill.

Rep. FLEMING moved to adjourn debate upon the Bill until Wednesday, March 1, which was adopted.

H. 3115--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Wednesday, February 22, which was adopted.

H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO


Printed Page 978 . . . . . Tuesday, February 21, 1995

AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3040 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

H. 3317--RECALLED AND REFERRED TO

THE COMMITTEE ON JUDICIARY

On motion of Rep. THOMAS, with unanimous consent, the following Joint Resolution was recalled from the Committee on Ways and Means and was referred to the Committee on Judiciary.

H. 3317 -- Reps. Thomas, Hallman, J. Young, Martin, Kelley, Rogers and A. Young: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.

H. 3338--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 3338 -- Reps. Jennings, Cobb-Hunter, Kennedy and Neal: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1315 SO AS TO PROVIDE THAT A CANDIDATE MAY NOT, DIRECTLY OR INDIRECTLY, GIVE, OFFER, OR PROMISE ANYTHING OF VALUE TO AN ELECTION OFFICIAL AND TO PROVIDE THAT AN ELECTION OFFICIAL MAY NOT, DIRECTLY OR INDIRECTLY, ASK, DEMAND, EXACT, SOLICIT, SEEK, ACCEPT, RECEIVE OR AGREE TO RECEIVE ANYTHING OF VALUE FROM A CANDIDATE; TO AMEND SECTIONS 7-25-50 AND 7-25-60, BOTH AS AMENDED, RELATING TO BRIBERY AT ELECTIONS, SO AS TO INCREASE THE PENALTIES; TO AMEND SECTION 8-13-1300, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING


Printed Page 979 . . . . . Tuesday, February 21, 1995

CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL" AND TO AMEND THE DEFINITION OF "TRANSFER" TO INCLUDE TRANSFERS BETWEEN A CANDIDATE AND AN ELECTION OFFICIAL; AND TO AMEND SECTION 8-13-1348, AS AMENDED, RELATING TO THE USE OF CAMPAIGN FUNDS, SO AS TO ESTABLISH A PROCEDURE BY WHICH A CAMPAIGN RELATED PAYMENT MUST BE MADE BY CHECK, REQUIRE THE EXPENDITURE OF THESE FUNDS TO BE DOCUMENTED WHEN PAID TO AN INDIVIDUAL RECIPIENT, REQUIRE THE DOCUMENTATION BE MAINTAINED AND INCLUDED IN CAMPAIGN REPORTS, AND PROVIDE THAT A CANDIDATE IS DEEMED TO HAVE VIOLATED SECTIONS 7-25-50 AND 7-25-60 IF HE DOES NOT COMPLY WITH THE PROVISIONS OF THIS SECTION, PROVIDE THAT NO PERSON MAY BE REIMBURSED FOR TRANSPORTATION SERVICES IN AN AMOUNT WHICH WOULD EXCEED THE MILEAGE ALLOWED BY LAW FOR MEMBERS OF STATE BOARDS, COMMISSIONS, AND COMMITTEES, AND THE AMOUNT PAID MAY NOT EXCEED THE AMOUNT PAID TO OFFICIAL POLL MANAGERS BY THE STATE ELECTION COMMISSION PURSUANT TO THE PROVISIONS OF SECTION 7-23-10.

Reps. JENNINGS, ROBINSON, D. SMITH, ANDERSON, LIMBAUGH, HASKINS, COBB-HUNTER, KENNEDY, NEAL and CROMER, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\Council\Legis\Amend\gjk\21433DW.95), which was adopted.

Amend the bill, as and if amended, page 4, as contained in SECTION 5, lines 20, 29, and 31 by striking /individual/ and inserting /person/, line 27 by striking /individuals/ and inserting /persons/.

Amend further page 5, line 4, by striking /an individual recipient/ and inserting /a person/, lines 6, 11 and 14 by striking /individual/ and inserting /person/.

Amend further page 5, as contained in SECTION 6, by striking item (2), subsection (D) of Section 8-13-1348, lines 31 through 35.

Amend further page 5, line 36, by striking /(3)/ and inserting /(2)/.

Amend further by adding an appropriately numbered SECTION to read:

/SECTION ___. Section 8-13-1300 of the 1976 Code is amended by adding an appropriately numbered item to read:


| Printed Page 960, Feb. 17 | Printed Page 980, Feb. 22 |

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