Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 2450, Apr. 23 | Printed Page 2470, Apr. 23 |

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Carolina Veterinary Medical Association (SCVMA), state association-sponsored Academies or AVMA recognized specialty boards, and approved schools of veterinary medicine shall be approved under a blanket approval. Other providers shall request approval on a form provided by the board, for each program on an annual basis.

(E) A provider shall furnish each participant adequate documentation of participation in the program and which must be signed by an authorized representative of the organization. The documentation shall include:

(1) name and license number of participant;

(2) name and address of provider:

(3) name of program;

(4) hours completed;

(5) date of program and location of program.

(E) A veterinarian must maintain a record of personal attendance at meetings qualifying for continuing education for a minimum of three years immediately preceding renewal. Providers must furnish and the veterinarian must maintain documentation which includes the name and license number of the participant, name of provider, name of program, hours completed, date of completion, authorized signature provided by sponsoring organization.

(F) Upon written request, a licensed veterinarian may apply for a waiver of the license renewal fee and other requirements for no more than three years due to a temporary medical disability which prevents the licensee from practicing veterinary medicine. Upon approval by the board, the licensee must be placed in an inactive status and the license held by the veterinarian no longer is valid. Subsequently, upon the licensee submitting to the board appropriate medical documentation showing that the licensee no longer suffers from the temporary disability preventing the practice of veterinary medicine, the licensee may apply to the board for reinstatement of the license without examination.

Section 40-69-120. (A) The board may deny, suspend, revoke, or otherwise restrict the license of a veterinarian or animal health technician or may reprimand or otherwise discipline licensees for violation of a principle of veterinary medical ethics and professional practices pursuant to the Code of Ethics, the American Veterinary Medical Association (AVMA) and in addition to those grounds stated in Section 40-1-110 a license may be denied or a licensee disciplined for:

(1) failing to display a license;

(2) misrepresenting the inspection of food for human consumption;

(3) using a false, fraudulent, or misleading statement in a document connected with the practice of veterinary medicine;


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(4) obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;

(5) failing to provide and maintain facilities as directed by regulations promulgated pursuant to this chapter;

(6) refusing to permit the board or a legal representative of the board to inspect the business premises of the licensee during regular business hours;

(7) being convicted of a charge of cruelty to animals;

(8) being convicted of a federal or state law relating to narcotic drugs;

(9) misusing a controlled substance for other than specific treatment of an animal patient;

(10) having been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent;

(11) failing to report, as required by law, or making a false report of a contagious or infectious disease;

(B) Information received by the board through inspections and investigations is confidential and must not be disclosed except in a proceeding involving the issuance, denial, renewal, suspension, or revocation of a license.

Section 40-69-130. (A) Investigations and hearings must be conducted in accordance with Section 40-1-80.

(B) Restraining orders and cease and desist orders must be issued in accordance with Section 40-1-100.

(C) Upon determination by the board that one or more of the grounds for disciplining a licensee or permittee exist, as provided for in Section 40-1-110, the board may, in addition to the actions provided for in Section 40-1-120 impose a fine not to exceed $10,000.

(D) A licensee or permittee who is under investigation for a ground provided for in Section 40-1-110 for which the board may take disciplinary action may voluntarily surrender the license or permit to the board in accordance with Section 40-1-150.

(E) A person aggrieved by an action of the board may seek review of the decision in accordance with the provision of Section 40-1-160.

Section 40-69-140. A person who practices or attempts to practice veterinary medicine for consideration in this State without first having complied with this chapter, or who knowingly presents to or files false information with the board for the purpose of obtaining a license, is guilty of a misdemeanor and upon conviction must be fined not less than five


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hundred or more than twenty-five hundred dollars or imprisoned for not less than thirty days. Each act of unlawful practice constitutes a separate offense.

Section 40-60-150. No person may engage in the practice of veterinary medicine in this State without a current and valid license for that purpose issued by the board. Nothing in this chapter may be construed to prohibit:

(1) a person who is a student, technician, or instructor in a legally chartered educational institution from the performance of those duties and actions conducted as a responsibility in teaching and research;

(2) a veterinarian holding a current and valid license in another state from acting as a consultant with a licensed veterinarian of this State;

(3) a veterinarian who is a member of the Armed Forces of the United States or who is an employee of the United States Department of Agriculture, the United States Public Health Service, or another federal agency or the State of South Carolina or a political subdivision of the State from performing official duties in accordance with this employment;

(4) a person or a person's employee from administering to his own animals, except when ownership is so vested for the purpose of circumventing this chapter and except when the employee is employed for the purpose of circumventing this chapter. However, the administration to the animal must be in compliance with all federal, state, and local laws;

(5) state or federal agencies, accredited schools, research institutions, foundations, corporations or employees of these, which or who conduct experiments and scientific research using animals, from conducting experiments or research using animals if the research or testing is performed in compliance with all federal, state, and local laws;

(6) a person from performing artificial insemination to animals;

(7) initiation of prescribed emergency procedures in life threatening situations by an animal health technician employed by a licensed veterinarian;

(8) a merchant from selling at the merchant's regular place of business medicines, feed, appliances, or other animal health products if all sales are made in compliance with federal, state, and local laws and in accordance with regulations promulgated under this chapter."

SECTION 2. This act takes effect July 1, 1996./

Amend title to conform.

Rep. WILKES explained the amendment.

Rep. DANTZLER spoke in favor of the amendment.

The amendment was then adopted.


Printed Page 2463 . . . . . Tuesday, April 23, 1996

Reps. WITHERSPOON, RHOAD, RISER and KOON proposed the following Amendment No. 2, which was adopted.

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

/SECTION . Notwithstanding any other provision of law or regulation to the contrary, rabies vaccine may be bought or sold without the necessity of prescription. Anyone may inoculate his own animals against rabies.

Renumber sections to conform.

Rep. KOON explained the amendment.

The amendment was then adopted.

Reps. MEACHAM, KIRSH, NEAL, SIMRILL, MOODY-LAWRENCE, DELLENEY, McCRAW and SCOTT objected to the Bill.

H. 4343--OBJECTIONS, AMENDED AND OBJECTIONS

The following Joint Resolution was taken up.

H. 4343 -- Reps. D. Smith, Littlejohn, Walker, Allison, Haskins, Jennings, Hutson, Cain, Harrison, Vaughn, Wilder, Law, Simrill, Herdklotz, Kirsh, Limbaugh, Gamble, Richardson and Meacham: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON THE DATE OF THE RATIFICATION OF THIS SECTION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED ONTO OTHER STATE CONSTITUTIONAL OFFICES IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.

Rep. SCOTT objected to the Joint Resolution.

Reps. D. SMITH and HARRISON proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3690DW.96), which was adopted.

Amend the joint resolution, as and if amended, page 1, Section 7A, SECTION 1, beginning on line 27 by striking /the date of the ratification of this section/ and inserting:

/July 1, 1997/.

Amend further, page 1, SECTION 1, beginning on line 29 by striking, /upon the remaining state constitutional offices/.


Printed Page 2464 . . . . . Tuesday, April 23, 1996

Amend further, page 1, SECTION 2, line 40, by striking /the date of the ratification of this amendment/ and inserting: /July 1, 1997,/

Amend further, beginning on page 1, line 41, and page 2, line 1, by striking /upon the remaining state constitutional offices/.

Amend further by striking the title before the enacting clause and inserting:

/PROPOSING AN AMENDMENT TO ARTICLE VI, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO OFFICES BY ADDING SECTION 7A SO AS TO ABOLISH THE OFFICE OF SECRETARY OF STATE ON JULY 1, 1997, AND PROVIDE FOR ITS FUNCTIONS AND DUTIES TO BE DEVOLVED IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW./

Amend title to conform.

Rep. D. SMITH explained the amendment.

Rep. KNOTTS objected to the Joint Resolution.

The amendment was then adopted.

Rep. KNOTTS spoke against the Joint Resolution.

Rep. KNOTTS moved to adjourn debate upon the Joint Resolution until Wednesday, May 1.

Rep. HARRISON moved to table the motion, which was agreed to by a division vote of 52 to 21.

Reps. WHATLEY, CAVE, NEAL, COTTY, D. SMITH, HARRISON, LIMBAUGH, LANFORD, R. SMITH, WALKER, HASKINS and VAUGHN objected to the Joint Resolution.

H. 4812--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4812 -- Reps. McElveen, Harrison, Wilkins and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE REQUIREMENT THAT NEITHER HOUSE DURING THE SESSION OF THE GENERAL ASSEMBLY SHALL ADJOURN WITHOUT THE CONSENT OF THE OTHER FOR MORE


Printed Page 2465 . . . . . Tuesday, April 23, 1996

THAN THREE DAYS, SO AS TO CHANGE THIS PERIOD TO SEVEN DAYS AND PROVIDE THAT THIS REQUIREMENT IS NOT APPLICABLE TO A PARTICULAR HOUSE IF THERE ARE NO PENDING MESSAGES FROM THE GOVERNOR ON THE CALENDAR OF THAT HOUSE OR IF THERE ARE NO BILLS OR JOINT RESOLUTIONS FROM THE OTHER HOUSE ON THE CONTESTED OR UNCONTESTED CALENDAR OF THAT HOUSE FOR SECOND OR THIRD READING.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 21, Article III of the Constitution of this State be amended to read:

"Section 21. Neither house, during the session of the General Assembly, shall, adjourn without the consent of the other, adjourn for more than three seven days unless there are no pending messages from the Governor on the calendar of that house or bills or joint resolutions from the other house on the contested or uncontested calendar of that house for second or third reading, nor to any other place than that in which it shall be at the time sitting."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Must Section 21, Article III of the Constitution of this State relating to the requirement that neither house during the session of the General Assembly shall adjourn without the consent of the other for more than three days be amended so as to change this period to seven days and provide that this requirement is not applicable to a particular house if there are no pending messages from the Governor on the calendar of that house or if there are no bills or joint resolutions from the other house on the contested or uncontested calendar of that house for second or third reading?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

Rep. D. SMITH explained the Joint Resolution.


Printed Page 2466 . . . . . Tuesday, April 23, 1996

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 102; Nays 0

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Baxley               Breeland
Brown, G.            Brown, H.            Brown, J.
Byrd                 Cain                 Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Cromer               Davenport            Delleney
Easterday            Felder               Fleming
Fulmer               Gamble               Hallman
Harrell              Harris, J.           Harrison
Harvin               Haskins              Hines, J.
Hines, M.            Hodges               Howard
Hutson               Jaskwhich            Keegan
Kelley               Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               Marchbanks
Martin               Mason                McCraw
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Rice                 Richardson           Riser
Robinson             Rogers               Sandifer
Scott                Sharpe               Sheheen
Shissias             Simrill              Smith, D.
Smith, R.            Spearman             Stille
Stoddard             Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
White                Wilder               Wilkins
Williams             Wofford              Worley
Wright               Young                Young-Brickell

Total--102
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Those who voted in the negative are:

Total--0

So, the Joint Resolution having received the necessary two-thirds vote was passed and ordered to third reading.

S. 1315--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1315 -- Senators Drummond, Matthews, Waldrep, Washington, Setzler, Cork, Moore, Ryberg, O'Dell and Alexander: A BILL TO AMEND SECTION 1-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE THE BOUNDARIES OF THE STATE IN REGARD TO THE BOUNDARY IN THE LOWER SAVANNAH RIVER REGION.

Reps. D. SMITH and HARRISON proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10784DW.96), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting clause and inserting:

/SECTION 1. Section 1-1-10 of the 1976 Code is amended to read:

"Section 1-1-10. The sovereignty and jurisdiction of this State extends to all places within its bounds, which are hereby declared to be as follows:

The northern line beginning at a point at the low-water mark of the Atlantic Ocean on the eastern shore of Bird Island, runs in a northwest direction through monuments established at latitude 33.° 51´ 07.8792" N., longitude 78° 32´ 32.6210" W., at latitude 33° 51´ 36.4626" N., longitude 78° 33´ 06.1937" W., and at latitude 33° 51´ 50.7214" N., longitude 78° 33´ 22.9448" W., (coordinates based on North American Datum 1927), following existing monuments to a stake in a meadow; thence, in a direction due west, a distance of sixty-two miles, to a point where it intersects the Charleston Road (at sixty-one miles) near the Waxhaw Creek; thence N. 2° 12 1 /2´ E. eight miles to a gum tree on the southeastern corner of the Catawba Indian Reservation as laid out in 1764; thence following the eastern and northern boundary lines of said Catawba Indian Reservation to where such northern boundary line crosses the thread of the Catawba River; thence up the thread of said river to the confluence of the north and south forks thereof; thence west to a stone on Tyron Mountain marked "S. C. and N. C., September 15th, 1815"; thence


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from said stone set up and marked "S. C. and N. C., September 15, 1815" west four miles and ninety poles to a stone marked "S. C. and N. C."; thence S. 25° W. 118 poles to a chestnut tree on the top of a ridge dividing the waters of the north fork of the Pacolet River from the waters of the north fork of the Saluda River; thence along the various courses of said ridge (agreeably to the plat and survey of the commissioners and surveyors accompanying their report, dated November 2, 1815) to the ridge that divides the Saluda waters from those of Green River; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up where said river joins the ridge which divides the eastern and western waters which is marked "S. C. and N. C., September 28th, A.D. 1815"; thence along the various courses of said ridge, agreeably to said plat and survey, to a stone set up on that part of it which is intersected by the Cherokee boundary line, run in the year 1797, and which stone is marked "S. C. and N. C., 1813"; and from the said last-mentioned stone on the top of said ridge, at the point of intersection aforesaid, a direct line S. 68 1/4° W. 20 miles and 11 poles to the thirty-fifth degree of north latitude at the rock in the east bank of the Chattooga River marked "Latitude thirty-five degrees, A.D. 1813" which line, from the termination of the line of 1772 to the Chattooga River, is in all a distance of twenty-four miles and one hundred and eighty-nine poles.

The lateral seaward boundary between North Carolina and South Carolina from the low-water mark of the Atlantic Ocean shall be and is hereby designated as a continuation of the North Carolina-South Carolina boundary line as described by monuments located at latitude 33° 51´ 50.7214" N., longitude 78° 33´ 22.9448" W., at latitude 33° 51´ 36.4626" N., longitude 78° 33´ 06.1937" W., and at latitude 33° 51´ 07.8792" N., longitude 78° 32´ 32.6210" W., (coordinates based on North American Datum 1927), in a straight line projection of said line to the seaward limits of the states' territorial jurisdiction, such line to be extended on the same bearing insofar as a need for further delimitation may arise.

From the state of Georgia, this State is divided by the Savannah River, from its entrance into the ocean at the point where the northern edge of the navigable channel of the Savannah River intersects the seaward limit of the state's territorial jurisdiction; thence generally along the northern edge of the navigable channel up the Savannah River; thence along the northern edge of the sediment basin to the Tidegate; thence to the confluence of the Toogaloo Tugaloo and Seneca Rivers; thence up the Toogaloo Tugaloo River to the confluence of the Tallulah and the


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Chattooga Rivers; thence up the Chattooga River to the 35th parallel of north latitude, which is the boundary of North Carolina, the line being midway between the banks of said respective rivers when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described. And when the rivers are broken by islands of natural formation which, under the Treaty of Beaufort, are reserved to the state of Georgia, the line is midway between the island banks and the South Carolina banks when the water is at ordinary stage, except in the lower reaches of the Savannah River, as hereinafter described.
On the east the State is bounded by the Atlantic Ocean, from the mouth of the Savannah River to the northern boundary, near the mouth of Little River, including all islands.
The boundary between Georgia and South Carolina along the lower reaches of the Savannah River, and the lateral seaward boundary, is more particularly described as follows:

Beginning at a point where the thread of the northernmost branch of the Savannah River equidistant between its banks intersects latitude 32° 07´ 00" N., (North American Datum 1983-86), located in the Savannah River, and proceeding in a southeasterly direction down the thread of the Savannah River equidistant between the banks of the Savannah River on Hutchinson Island and on the mainland of South Carolina including the small downstream island southeast of the aforesaid point, at ordinary stage, until reaching the vicinity of Pennyworth Island;

Proceeding thence easterly down the thread of the northernmost channel of the Savannah River known as the Back River as it flows north of Pennyworth Island, making the transition to the said northernmost channel using the equidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank, thence to the thread of the said northernmost channel equidistant from the South Carolina mainland bank and Pennyworth Island at ordinary stage, around Pennyworth Island;

Proceeding thence southeasterly to the thread of the northern channel of the Savannah River equidistant from the Georgia bank on Hutchinson Island and the South Carolina mainland bank, making the transition utilizing the equidistant method between Pennyworth Island, the Georgia bank on Hutchinson Island, and the South Carolina mainland bank;

Proceeding thence southeasterly down the thread of the Savannah River equidistant from the Hutchinson Island and South Carolina mainland banks of the river at ordinary stage, through the tide gates, until reaching the northwestern (farthest upstream) boundary of the `Back River Sediment Basin', as defined in the `Annual Survey-1992, Savannah Harbor,


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