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 2893, Mar. 1 | Printed Page 2910, Mar. 2 |

Printed Page 2900 . . . . . Tuesday, March 1, 1994

Rep. THOMAS explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the third time and ordered sent the Senate.

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

ADJOURNMENT

At 1:45 P.M. the House in accordance with the motion of Rep. WELLS adjourned in memory of Robert Sigworth, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2901 . . . . . Wednesday, March 2, 1994

Wednesday, March 2, 1994

(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:

God of our fathers and our God today, we bow in reverent gratitude for our forefathers who, by their far reaching vision and dedicated service, have made this a great State. Our hearts go out in thankfulness for those who have served in this hallowed Chamber: for the brilliance of their minds, for depth of their public philosophy, for the daring of their deeds, for the strain and pain of their sacrifices.

And as we are grateful for past achievements, we ask that You clarify our vision of tasks unfinished. Now that the torch has been handed to us and as the mantle has fallen on us, may we hold that torch high and worthily wear the mantle that those who follow will be blessed because we have walked and worked together in our day.

Keep us always as "one Nation under God." 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. FARR moved that when the House adjourns, it adjourn in memory of Colonel William Farr, former House member from Union County, which was agreed to.

REPORTS OF STANDING COMMITTEES

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

H. 4403 -- Reps. Holt, Harrelson, Harvin and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO PROVIDE REQUIREMENTS


Printed Page 2902 . . . . . Wednesday, March 2, 1994

FOR RAISED DEER STANDS USED AT DEER HUNTS OFFERED TO THE PUBLIC BY THE DEPARTMENT OF NATURAL RESOURCES.

Ordered for consideration tomorrow.

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

H. 4478 -- Reps. Snow, Inabinett, Riser and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-15-65 SO AS TO PROVIDE FOR AN ALLIGATOR HARVEST PROGRAM ON PRIVATE LANDS.

Ordered for consideration tomorrow.

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

H. 4480 -- Reps. Snow, Inabinett and Law: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-515 SO AS TO PROVIDE REQUIREMENTS PERTAINING TO SHARKS.

Ordered for consideration tomorrow.

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

H. 4482 -- Reps. Snow, Riser and Law: A BILL TO AMEND SECTION 50-17-1110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE POINT SYSTEM FOR VIOLATIONS OF COASTAL FISHERIES LAWS, SO AS TO INCLUDE STAMPS AS WELL AS LICENSES AND PERMITS; AND TO AMEND SECTION 50-17-1120, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE POINT SYSTEM, SO AS TO REVISE THE CONDITIONS UNDER WHICH PRIVILEGES, LICENSES, PERMITS, AND STAMPS MAY BE SUSPENDED BY THE DEPARTMENT OF NATURAL RESOURCES.

Ordered for consideration tomorrow.


Printed Page 2903 . . . . . Wednesday, March 2, 1994

Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

H. 4180 -- Reps. Harrison, Wells, Gonzales, Wright, Barber, R. Smith, Fulmer, D. Wilder, Klauber, Jennings, A. Young, and Corning: A BILL TO AMEND CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS, SO AS TO ENACT THE SOUTH CAROLINA NONPROFIT CORPORATION ACT OF 1993 SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH NONPROFIT CORPORATIONS OPERATE AND TRANSACT BUSINESS IN THIS STATE; TO AMEND SECTION 33-11-101, RELATING TO MERGERS OF BUSINESS CORPORATIONS, SO AS TO MAKE THE PROVISIONS OF THE SECTION APPLICABLE TO NONPROFIT CORPORATIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-507 SO AS TO PROVIDE THAT CERTAIN STATUTORY PROVISIONS OF LAW SHALL NOT BE CONSTRUED TO CAUSE FORFEITURE OR REVERSION OF TRUST PROPERTY; AND TO REPEAL SECTION 33-20-103 RELATING TO NONPROFIT CORPORATIONS AND CHAPTER 33 OF TITLE 33 RELATING TO CHURCH CORPORATIONS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4351 -- Reps. P. Harris, Neilson, Waldrop, Allison, Baxley, J. Brown, Cobb-Hunter, Corning, Cromer, Davenport, Farr, Fulmer, Gonzales, Harrelson, Harrison, Harvin, Hines, Inabinett, Keegan, Kelley, Kirsh, Littlejohn, Marchbanks, Phillips, Rhoad, Rogers, Rudnick, Shissias, D. Smith, Snow, Stuart, Tucker, Vaughn, Waites, Walker, Wells, Whipper, D. Wilder, Wilkes, Keyserling, Breeland, Richardson and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TITLE 29, CHAPTER 4, SO AS TO ENACT THE SOUTH CAROLINA REVERSE MORTGAGE ACT WHICH DEFINES "REVERSE MORTGAGE", PROVIDES RULES FOR GOVERNING THESE MORTGAGES, EXEMPTS REVERSE MORTGAGES FROM CERTAIN PROVISIONS OF OTHER MORTGAGE TRANSACTIONS, AND REQUIRES THAT CERTAIN


Printed Page 2904 . . . . . Wednesday, March 2, 1994

INFORMATION CONCERNING REVERSE MORTGAGES IS AVAILABLE TO LOAN APPLICANTS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4375 -- Reps. Richardson, Snow, Fulmer and Keyserling: A BILL TO AMEND SECTION 38-75-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WIND AND HAIL INSURANCE, SO AS TO CHANGE THE DEFINITION OF "ESSENTIAL PROPERTY INSURANCE".

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 4642 -- Reps. Hodges and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-590 SO AS TO PROVIDE THAT TELECOMMUNICATIONS SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS MUST BE DEEMED COMPETITIVE SERVICES AFTER JULY 1, 1994, REQUIRE THE PUBLIC SERVICE COMMISSION TO CONDUCT HEARINGS, MAKE FINDINGS, AND ESTABLISH BENCHMARKS AS TO THE COMPETITION WHICH EXISTS AMONG THE INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AND PROVIDE FOR RELATED MATTERS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 4711 -- Rep. Harvin: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND THE ADVISORY COMMITTEE FOR CONTINUING EDUCATION COURSES, SO AS TO ADD TO THE MEMBERSHIP OF THE COMMITTEE ONE REPRESENTATIVE


Printed Page 2905 . . . . . Wednesday, March 2, 1994

FROM THE SOUTH CAROLINA ASSOCIATION OF HEALTH UNDERWRITERS.

Ordered for consideration tomorrow.

Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 1048 -- Senators Courson, Hayes, Martin, Gregory, Passailaigue and Rose: A BILL TO AMEND SECTION 40-73-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REPORTS REQUIRED OF OCCUPATIONAL AND PROFESSIONAL LICENSING BOARDS, SO AS TO PROVIDE THAT COPIES OF THE REPORTS MUST BE MAINTAINED AT ALL TIMES AND MUST BE AVAILABLE FOR PUBLIC INSPECTION WITHIN THE OFFICES OF THE BUDGET AND CONTROL BOARD, RATHER THAN THE OFFICES OF THE SECRETARY OF STATE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4852 -- Reps. Rogers, Waites, Byrd, Neal, Scott, J. Brown, Harrison and Corning: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MISS ELIZABETH SINCLAIR OF RICHLAND COUNTY ON THE RECENT CELEBRATION OF HER ONE HUNDRED AND THIRD BIRTHDAY AND TO RECOGNIZE HER MANY ACHIEVEMENTS.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1223 -- Senator Leatherman: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE OF FLORENCE POLICE CHIEF WAYMON MUMFORD ON THE OCCASION OF HIS RETIREMENT AND WISHING FOR HIM MANY HAPPY AND FULFILLING YEARS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


Printed Page 2906 . . . . . Wednesday, March 2, 1994

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1015 -- Senators Leventis, Drummond, Land, Bryan, Giese, Rose, Lander, Martin, Ryberg and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNITED STATES CONGRESS INCLUDE ITS MEMBERS AND EMPLOYEES IN ANY NATIONAL HEALTH CARE LEGISLATION IT ADOPTS IN 1994 OR THEREAFTER.

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

INTRODUCTION OF BILLS

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

H. 4853 -- Reps. Scott, G. Bailey, Breeland, J. Brown, Cobb-Hunter, Harrison, Inabinett, Jennings, Kennedy, White, Williams, Wilkes and Holt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 23 TO TITLE 13 SO AS TO ENACT THE "SOUTH CAROLINA GAMING AND ECONOMIC DEVELOPMENT ACT" WHICH PROVIDES FOR THE MANNER IN WHICH CERTAIN DOCKSIDE GAMING ACTIVITIES MAY BE CONDUCTED IN SPECIFIED COUNTIES OF THIS STATE AND INCLUDES PROVISIONS TO PROVIDE FOR THE IMPOSITION OF A WAGERING TAX AND THE MANNER IN WHICH IT IS IMPOSED AND DISTRIBUTED, TO ESTABLISH THE SOUTH CAROLINA GAMING COMMISSION, TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE COMMISSION, TO PROVIDE FOR THE MANNER IN WHICH GAMING LICENSES MAY BE ISSUED AND THE FEES FOR THESE GAMING LICENSES, TO PROVIDE FOR OTHER LICENSES IN CONNECTION WITH GAMING ACTIVITIES INCLUDING SUPPLIERS' LICENSES AND OCCUPATIONAL LICENSES AND FOR THE FEES FOR THESE OTHER LICENSES, TO PROVIDE FOR THE APPLICABILITY OF OTHER STATE AND LOCAL TAXES TO GAMING OPERATIONS, TO PROVIDE FOR CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF CERTAIN GAMING PROVISIONS, AND TO PROVIDE THAT ONE HUNDRED THOUSAND DOLLARS FROM THE CIVIL


Printed Page 2907 . . . . . Wednesday, March 2, 1994

CONTINGENT FUND SHALL BE ADVANCED TO THE SOUTH CAROLINA GAMING COMMISSION FOR ITS START-UP COSTS. Referred to Committee on Ways and Means.

H. 4854 -- Reps. Riser, Hines, Rhoad and Witherspoon: A BILL 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.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4855 -- Rep. Rogers: A BILL TO AMEND SECTION 22-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S JURISDICTION OVER MINOR CRIMINAL OFFENSES, SO AS TO PROVIDE A LIMITATION ON A MAGISTRATE'S POWER TO IMPOSE CONSECUTIVE TERMS OF IMPRISONMENT.

Referred to Committee on Judiciary.

H. 4856 -- Reps. D. Wilder, A. Young, Chamblee, McKay, Kirsh, Vaughn, Baker, Allison, Meacham, Gonzales, Cobb-Hunter, Hines, Simrill, Moody-Lawrence, Inabinett, Wofford, Walker, Byrd, Harrelson, Stoddard, Stille, Rogers, Stuart, J. Wilder, McCraw, Breeland, Waldrop, Haskins, J. Harris and Gamble: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCURRENT JURISDICTION OF FAMILY COURTS AND MAGISTRATE AND MUNICIPAL COURTS OVER CERTAIN VIOLATIONS BY JUVENILES SO AS TO INCLUDE VIOLATIONS OF LITTER LAWS.

Referred to Committee on Judiciary.

H. 4857 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE


Printed Page 2908 . . . . . Wednesday, March 2, 1994

DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED; AND BY AMENDING SECTION 37-11-50, RELATING TO ELIGIBILITY FOR LICENSURE, SO AS TO PROVIDE THAT ONLY THOSE CONTINUING CARE RETIREMENT COMMUNITIES WHICH REQUIRE PAYMENT OF AN ENTRANCE FEE OR OTHER FEE IN RETURN FOR A PROMISE OF FUTURE CARE MUST OBTAIN A LICENSE RATHER THAN ALL CONTINUING CARE RETIREMENT COMMUNITIES.

Referred to Committee on Labor, Commerce and Industry.

H. 4858 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE LANDFILL OPERATOR'S CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1661, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4859 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOLID WASTE MANAGEMENT: MUNICIPAL SOLID WASTE INCINERATOR ASH LANDFILL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1669, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4860 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION,


Printed Page 2909 . . . . . Wednesday, March 2, 1994

RELATING TO BOLL WEEVIL QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1719, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 4861 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LIVESTOCK-POULTRY HEALTH DIVISION, CLEMSON UNIVERSITY, RELATING TO IMPORTATION OF RATITES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1734, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

S. 954 -- Senators Leventis, Martin, Land, Peeler, Holland and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34 TO TITLE 48 SO AS TO AUTHORIZE PRESCRIBED FIRES TO BE CONDUCTED UNDER CERTAIN CONDITIONS, DEFINE TERMS, PROVIDE FOR PROMULGATION OF REGULATIONS, LIMIT RELATED LIABILITY, AND PROVIDE FOR PRESCRIBED FIRES CONDUCTED WITHOUT A PRESCRIBED FIRE MANAGER.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4862 -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF SOUTH CAROLINA, AND EACH MEMBER OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO IMMEDIATELY BEGIN EFFORTS TO HELP THE TOWN OF KINGSTREE AND WILLIAMSBURG COUNTY RECOVER FROM THE DEVASTATING NEWS THAT BAXTER HEALTHCARE CORPORATION WILL CLOSE ITS PLANT IN KINGSTREE OVER THE NEXT TWO YEARS PUTTING EIGHT HUNDRED THIRTY PEOPLE OUT OF WORK.

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


| Printed Page 2893, Mar. 1 | Printed Page 2910, Mar. 2 |

Page Finder Index