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 1410, Feb. 3 | Printed Page 1430, Feb. 8 |

Printed Page 1420 . . . . . Friday, February 4, 1994

Respectfully submitted,
/s/Jennings G. McAbee /s/McKinley Washington

Representative Senator
/s/Woody McKay /s/Dick Elliott

Representative Senator
/s/Morgan Martin /s/Greg Smith

Representative Senator

On motion of Rep. McABEE, the Report was ordered printed in the Journal.

SENT TO THE SENATE

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

H. 4350 -- Reps. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley,


Printed Page 1421 . . . . . Friday, February 4, 1994

Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder, Harrell and Breeland: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH AND TO DEFINE PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN CRACK COCAINE.

H. 4604 -- Rep. Boan: A BILL TO AMEND SECTION 1-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY TO PARTICIPATE IN STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT COVERAGE FOR A RETIREE WITH AT LEAST FIVE YEARS' SERVICE UNDER A STATE RETIREMENT SYSTEM IS LIMITED TO SERVICE IN A STATE-COVERED ENTITY AND TO REQUIRE THE LAST FIVE YEARS OF SUCH SERVICE TO HAVE BEEN CONSECUTIVE YEARS IN A FULL-TIME PERMANENT POSITION.

H. 4653 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.

H. 3673 -- Reps. Shissias, Hallman, Gonzales, Stone, Corning, Harrison, Simrill, Riser, Koon, Wells, Walker, Byrd, Meacham, Phillips, Littlejohn, Allison and Cato: A BILL TO AMEND SECTION 20-7-1015, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNSEL FOR AN OBLIGEE IN A CIVIL ENFORCEMENT ACTION OF A SOUTH CAROLINA CHILD SUPPORT ORDER, SO AS TO PROVIDE THAT THE PROSECUTING ATTORNEY SHALL REPRESENT THE STATE RATHER THAN THE OBLIGEE IN THESE MATTERS.


Printed Page 1422 . . . . . Friday, February 4, 1994

H. 3674 -- Reps. Shissias, R. Smith, Hallman, Gonzales, R. Young, Simrill, Corning, Harrison, Thomas, Gamble, Riser, Wright, Koon, Neilson, Wells, Cobb-Hunter, Harrell, Stuart, Neal, Hines, J. Wilder, Waldrop, Harrelson, Walker, Allison, McElveen, Meacham, Stone, Littlejohn, Davenport, Cato and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.

H. 3675 -- Reps. Shissias, R. Smith, R. Young, Neilson, Gonzales, Littlejohn, Simrill, Harwell, Corning, Harrison, Mattos, Gamble, Elliott, Riser, Hallman, Cobb-Hunter, Wright, Koon, Wells, J. Wilder, Houck, Harrell, Harrelson, Hines, Neal, Meacham, Byrd, Walker, Allison, Waldrop, Stone, J. Brown, Stuart, Rudnick, McElveen, Davenport and Moody-Lawrence: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO PROVIDE THAT CHILD SUPPORT MUST BE ORDERED WHEN A CHILD IS PAST AGE EIGHTEEN BUT BEFORE AGE NINETEEN WHEN THE CHILD IS IN HIGH SCHOOL AND MAKING PROGRESS TOWARD COMPLETING HIGH SCHOOL AND TO PROVIDE EXCEPTIONS.

H. 3792 -- Rep. Shissias: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.

H. 3805 -- Rep. Shissias: A BILL TO AMEND SECTION 43-5-590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES CONCERNING THE STATE CHILD SUPPORT PLAN, SO AS TO PROVIDE THAT A CLERK OF COURT SHALL RECOGNIZE AN ASSIGNMENT OF THE RIGHTS


Printed Page 1423 . . . . . Friday, February 4, 1994

TO CHILD SUPPORT UPON NOTICE OF THE ASSIGNMENT AND WITHOUT THE REQUIREMENT OF AN ORDER.

ADJOURNMENT

At 10:30 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, February 8.

* * *


Printed Page 1424 . . . . . Tuesday, February 8, 1994

Tuesday, February 8, 1994

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

We thank You, Heavenly Father, for these moments of prayer when we can look up to You and away from the world and thereby get our bearings. We know not what this day will bring, but of one thing we are confidently sure: that You will be with us. If we must travel stony paths, give us strong shoes. Teach us the lesson that the good we do today becomes tomorrow's happiness; so enable us to conduct ourselves that we can think of every yesterday without regret and to every tomorrow without fear.

We pray to a God Whose Name is above all others. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. SHARPE moved that when the House adjourns, it adjourn in memory of Carrol H. Warner of Aiken County, which was agreed to.

REPORT RECEIVED

JANUARY 1994 REPORT

LEGISLATIVE COMMITTEE

TO STUDY THE PROVISION OF SINGLE-GENDER

EDUCATIONAL OPPORTUNITIES FOR WOMEN

The Report was received and was printed in the Senate Journal on January 14.


Printed Page 1425 . . . . . Tuesday, February 8, 1994

CONFIRMATION OF APPOINTMENT

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 2, 1993
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,
Carroll A. Campbell, Jr.
Governor

LOCAL APPOINTMENT

Appointment, Dorchester County Master-in-Equity, effective September 1, 1993, with term to expire June 30, 1998:

Patrick Robert Watts, Esquire, 111 Sweetbriar Road, Summerville, S.C. 29485 VICE Honorable Gene Dukes

The appointment was confirmed and a message was ordered sent to the Senate accordingly.

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

February 3, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

The South Carolina Chapter, American Physical Therapy Association (SCPTA) is pleased to invite members of the South Carolina General Assembly for coffee and juice on the morning of February 23, 1994. The reception is held in conjunction with the 1994 South Carolina Legislative Fitness Fair at the Lower Lobby of the State House scheduled for 9:00 A.M. until 2:00 P.M.


Printed Page 1426 . . . . . Tuesday, February 8, 1994

The event was a pleasant affair last year and we believe an excellent way for legislators to begin the day. The Fitness Fair consist of work stations for physical assessment including flexibility, posture, grip, blood pressure, body composition, and balance assessments for the legislators. We would like to request the invitation committee's approval to serve refreshments at this time.

Thank you for the opportunity the Invitations Committee affords the professional societies and the general public for meeting with the Senators and Representatives to express their concerns.

Sincerely,
South Carolina American Physical Therapy Association
Vicki T. Ido
Executive Director

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1734
Promulgated By Livestock-Poultry Health Division, Clemson University
Importation of Ratites
Received By Speaker February 7, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 7, 1994

Document No. 1720
Promulgated By Clemson University, State Crop Pest Commission
Quarantine of Phytophagous Snails
Received By Speaker February 4, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 4, 1994


Printed Page 1427 . . . . . Tuesday, February 8, 1994

Document No. 1709
Promulgated By Clemson University
Parking and Traffic
Received By Speaker February 7, 1994
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date June 7, 1994

REGULATION WITHDRAWN

The following was received.

Document No. 1610
Promulgated By Board of Pharmacy
Patient Counseling
Received By Speaker March 8, 1993
Referred to House Committee on Medical, Military, Public and Municipal
Affairs
120 Day Review Expiration Date February 12, 1994
Resolution Introduced to Disapprove (S. 800): May 26, 1993
120 Day Review Tolled: May 26, 1993
Withdrawn February 8, 1994

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 3, 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. 122:
S. 122 -- Senator McConnell: A BILL TO AMEND SECTION 27-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF GRAVES IN ABANDONED CEMETERIES OR BURYING GROUNDS, SO AS TO REQUIRE THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY IN WHICH THE CEMETERY OR GROUND IS LOCATED TO DETERMINE THAT REMOVAL BENEFITS THE COMMUNITY AND IS IN THE PUBLIC INTEREST AND TO CONSIDER OBJECTIONS TO REMOVAL BEFORE REMOVAL IS APPROVED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.


Printed Page 1428 . . . . . Tuesday, February 8, 1994

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 3, 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. 274:
S. 274 -- Senator Rose: A BILL TO AMEND THE CODE LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-615 SO AS TO PROVIDE THAT NO HEARING MAY BE CONDUCTED BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES BETWEEN DECEMBER 15 AND THE SUCCEEDING JANUARY 15; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FIVE YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORTS OF STANDING COMMITTEES

Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:

H. 4328 -- Reps. D. Wilder and Rudnick: A BILL TO AMEND ACT 768 OF 1973, AS AMENDED, RELATING TO THE GLENN SPRINGS-PAULINE RURAL FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE DEBT AUTHORIZATION FOR THE DISTRICT FROM FIFTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS AND TO PROVIDE THAT THIS INCREASE MAY NOT RESULT IN A FEE OR PROPERTY TAX INCREASE WITHOUT A FAVORABLE VOTE OF THE QUALIFIED ELECTORS RESIDING IN THE DISTRICT IN A REFERENDUM HELD ON THE QUESTION OF SUCH AN INCREASE.

Ordered for consideration tomorrow.


Printed Page 1429 . . . . . Tuesday, February 8, 1994

Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Rep. McABEE, for the minority, submitted an unfavorable report, on:

H. 3572 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-232 SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY AS AGRICULTURAL REAL PROPERTY UNLESS THE TRACT IS FIVE ACRES OR MORE IN THE CASE OF TIMBERLAND AND TEN ACRES OR MORE FOR OTHER THAN TIMBERLAND, TO PROVIDE THAT THE TEN ACRE REQUIREMENT DOES NOT APPLY IF THERE IS AT LEAST ONE THOUSAND DOLLARS OF GROSS FARM INCOME FOR AT LEAST THREE OF THE FIVE TAXABLE YEARS PRECEDING THE APPLICATION FOR AGRICULTURAL USE, TO MAKE NEW OWNERS OF LESS THAN TEN ACRES ELIGIBLE FOR AGRICULTURAL USE SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATION, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, TO PROVIDE THAT LAND IDLE UNDER LAND RETIREMENT PROGRAMS QUALIFIES FOR AGRICULTURAL USE IF OTHERWISE ELIGIBLE, TO PROVIDE THAT IN THE CASE OF LEASE OPERATIONS, THE LESSOR OR LESSEE SHALL MEET THE REQUIREMENTS, AND TO REQUIRE APPLICANTS FOR AGRICULTURAL USE OR THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS TO CERTIFY THAT THE PROPERTY MEETS THE APPLICABLE REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR AGRICULTURAL USE AND THE SPECIAL ASSESSMENT RATIO FOR CERTAIN AGRICULTURE OPERATIONS AND PROVIDE A PENALTY; AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR AGRICULTURAL USE BY THE PROVISIONS OF THIS ACT.

Ordered for consideration tomorrow.


| Printed Page 1410, Feb. 3 | Printed Page 1430, Feb. 8 |

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