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 723, Feb. 13 | Printed Page 740, Feb. 14 |

Printed Page 730 . . . . . Tuesday, February 13, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4605 -- Reps. Neilson, Baxley and J. Hines: A CONCURRENT RESOLUTION RECOGNIZING THE OUTSTANDING AND DEDICATED SERVICE OF BESSIE S. GILBERT OF HARTSVILLE AS AN EMPLOYEE OF THE DARLINGTON COUNTY WATER AND SEWER AUTHORITY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4606 -- Reps. Neilson, Baxley and J. Hines: A CONCURRENT RESOLUTION COMMENDING AND THANKING DOROTHY S. SCARBOROUGH OF LAMAR FOR HER EXEMPLARY AND DEVOTED SERVICE AS A MEMBER AND OFFICER OF THE DARLINGTON COUNTY WATER AND SEWER AUTHORITY.

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

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, H.            Brown, J.
Brown, T.            Byrd                 Cain
Carnell              Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Elliott              Felder               Fleming
Fulmer               Gamble               Govan
Hallman              Harrell              Harris, J.
Harris, P.           Harrison             Harvin
Haskins              Herdklotz            Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jaskwhich
Jennings             Keegan               Kelley

Printed Page 731 . . . . . Tuesday, February 13, 1996

Keyserling           Kinon                Kirsh
Knotts               Koon                 Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Martin               McAbee
McCraw               McKay                McMahand
Moody-Lawrence       Neal                 Neilson
Phillips             Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Rogers               Sandifer
Scott                Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Stille
Stoddard             Stuart               Thomas
Townsend             Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Wilkins
Williams             Witherspoon          Wofford
Worley               Wright               Young
Young-Brickell       

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, February 13. Becky Meacham Grady A. Brown Kenneth Kennedy

Total Present--115

STATEMENT RE ATTENDANCE

Rep. KLAUBER signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, February 13.

LEAVES OF ABSENCE

The SPEAKER granted Rep. COOPER a leave of absence for the week.

The SPEAKER granted Rep. CANTY a leave of absence for the week.


Printed Page 732 . . . . . Tuesday, February 13, 1996

The SPEAKER granted Rep. MASON a leave of absence for the day.

The SPEAKER granted Rep. LANFORD a leave of absence due to the funeral of a family member.

DOCTOR OF THE DAY

Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.

HOUSE TO MEET AT 11:30 A.M. TOMORROW

Rep. EASTERDAY moved that when the House adjourns it adjourn to meet at 11:30 A.M. tomorrow, which was agreed to.

SPEAKER PRO TEMPORE IN CHAIR

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 4581 -- Reps. J. Harris, Baxley and Jennings: A BILL TO AMEND ACT 205 OF 1993, RELATING TO THE MEMBERS OF THE DISTRICT BOARD OF EDUCATION OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ON THE BOARD SHALL BE FILLED.

H. 4493 -- Rep. McTeer: A BILL TO AMEND SECTION 44-93-210, CODE OF LAWS OF SOUTH CAROLINA 1976, RELATING TO THE REGULATION OF THE AMOUNT OF INFECTIOUS WASTE GENERATED IN THE STATE, SO AS TO APPLY CERTAIN LIMITATIONS TO ALL INFECTIOUS WASTE INCINERATOR FACILITIES RATHER THAN ONLY TO COMMERCIAL FACILITIES, AND TO REMOVE THE EXEMPTION FROM THIS LIMITATION FROM HOSPITALS AND GENERATOR FACILITIES; AND TO REPEAL SECTION 44-93-200 RELATING TO HOSPITAL AND GENERATOR FACILITIES' EXEMPTION FROM CERTAIN PROVISIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT.

H. 3536 -- Rep. Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT AN INDIVIDUAL WHO OWNS A MOTOR


Printed Page 733 . . . . . Tuesday, February 13, 1996

VEHICLE OR HOLDS A MOTOR VEHICLE UNDER LEASE AND WHO, UNDER WRITTEN CONTRACT OR LEASE, PROVIDES THAT VEHICLE AND THE SERVICES OF A DRIVER TO A MOTOR CARRIER MUST BE CONSIDERED AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF THE MOTOR CARRIER FOR PURPOSES OF TITLE 42, WORKERS' COMPENSATION.

Rep. CATO explained the Bill.

H. 4587--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4587 -- Reps. Jennings, J. Harris and Kinon: A BILL TO CREATE THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT AND TERMS OF THE MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.

Reps. JENNINGS, J. HARRIS and KINON proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2245DW.96), which was adopted.

Amend the bill, as and if amended, page 1, SECTION 1, line 34, item (4), by inserting after /College/ /, or his designee/

Amend the bill further, page 2, SECTION 2, line 17 by striking after subsection (D) /No person who holds any other elected or appointed office is eligible for appointment to this board./ and inserting /A member of this board constitutes an "office" referred to in Section 3, Article VI of the Constitution of South Carolina, 1895./

Amend title to conform.

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

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3131 -- Rep. Hodges: A BILL TO REPEAL CHAPTER 19 OF TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 734 . . . . . Tuesday, February 13, 1996

RELATING TO PERSONAL SERVICE CONTRACTS AND THE REQUIREMENT THAT THESE CONTRACTS BE INDEXED IN THE OFFICES OF THE REGISTER OF MESNE CONVEYANCES OR THE CLERK OF COURT.

H. 3062--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the following Bill until Wednesday, February 14, which was adopted.

H. 3062 -- Reps. Vaughn, Cato, Cromer, Walker, Cooper, Stille, Kelley, Harrell, Gamble, Spearman, Robinson, Marchbanks and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-105 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM BEING ELECTED TO A SALARIED OFFICE OR POSITION WHILE HE IS A MEMBER OF THE GENERAL ASSEMBLY AND TO MAKE EXCEPTIONS.

H. 3307--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty, Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers, Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson, Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown, Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson, Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells, Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper, J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd, Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS, TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS AND FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80, RELATING TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO OFFER THEM TWICE ANNUALLY; TO


Printed Page 735 . . . . . Tuesday, February 13, 1996

AMEND SECTION 40-51-110, RELATING TO RECIPROCITY, SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT, SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE MENTAL OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN PROCEEDINGS AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND ACCESS TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE BOARD OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS TO REQUIRE SUCH REPORTS ON PODIATRISTS.

Rep. J. BROWN proposed the following Amendment No. 1A (Doc Name P:\amend\PFM\7932AC.96), which was adopted.

Amend the bill, as and if amended, Section 40-51-30(B), page 3, line 21, by inserting /consecutive/ after /one/;

Amend further, Section 40-51-30(C), page 3, line 28, by inserting /,in conjunction with the Department of Labor, Licensing and Regulation,/ after /secretary/;and line 33, by deleting /secretary of the board/ and inserting /Department of Labor, Licensing and Regulation/;

Amend further, Section 40-51-30(D), page 3, line 34, by deleting /by the secretary/; and line 36, by deleting /secretary/ and inserting /department/;

Amend further, Section 40-51-30(E), page 4, by deleting lines 1 and 2 and inserting /to replace./.

Amend further, Section 40-51-30, page 4, by deleting subsection (H).

Amend further, Section 40-51-80, page 4, line 28, by inserting before /./ the following: /; however, a written examination administered by the board must be a nationally recognized examination or must be administered by at least one other state/.

Amend further, Section 40-51-140, page 5, by deleting lines 18-21 and inserting:

/be established in regulation by the board, annually must complete twelve hours of continuing medical education through a program approved by the South Carolina Board of Podiatry Examiners, and must submit


Printed Page 736 . . . . . Tuesday, February 13, 1996

documentation to the board of completion of this education. If the renewal fee is not accompanied/.

Renumber sections to conform.

Amend title to conform.

Rep. J. BROWN explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 3132--SENATE AMENDMENTS CONCURRED

IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3486--SENATE AMENDMENTS CONCURRED

IN AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND


Printed Page 737 . . . . . Tuesday, February 13, 1996

UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT.

Rep. HARRISON explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4360--SENT TO THE SENATE

The following Bill was taken up.

H. 4360 -- Reps. Hallman, Keyserling, Cain, Bailey, Simrill, Kirsh and Seithel: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-45-73 SO AS TO REQUIRE REAL PROPERTY TAX BILLS TO CONTAIN A STATEMENT OF THE PRECEDING YEAR'S TAX DUE IN EACH CATEGORY OF TAX IMPOSED FOR THE CURRENT TAX YEAR AND TO PROVIDE EXCEPTIONS.

The Bill was read the third time, and ordered sent to the Senate by a division vote of 43 to 7.

MOTION PERIOD

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

H. 4492--DEBATE ADJOURNED

Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, February 20, which was adopted.

H. 4492 -- Reps. Wilkins, Rice, Meacham, Whatley, Klauber, Wofford, Seithel, Fulmer, Knotts, Sharpe, H. Brown, Harrell, Easterday, Haskins, Cato, D. Smith, Townsend, Fleming, Young-Brickell, Cotty, J. Brown, Harrison, Vaughn, Cain, Sandifer, Witherspoon, Tripp, Robinson, Wells, Gamble and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT MUNICIPALITIES, COUNTIES, SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS FROM IMPOSING TAXES OR FEES ON INDIVIDUALS, CORPORATIONS, OR OTHER BUSINESS ENTITIES AND TO EXEMPT FROM THIS PROHIBITION TAXES


Printed Page 738 . . . . . Tuesday, February 13, 1996

AND FEES ENACTED BEFORE DECEMBER 31, 1995, OR TAXES AND FEES AUTHORIZED EXPRESSLY BY THE GENERAL ASSEMBLY.

SPEAKER IN CHAIR

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4566 -- Rep. Anderson: A CONCURRENT RESOLUTION TO COMMEND ARTHUR C. NORZ OF GREENVILLE COUNTY FOR HIS LEADERSHIP IN IMPROVING THE LIVES OF THE PEOPLE OF GREENVILLE COUNTY AND THE STATE OF SOUTH CAROLINA.

H. 4567 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO RECOGNIZE THE TOWN OF PORT ROYAL FOR HOSTING THE 1996 PORT ROYAL GOLD CHALLENGE MISTRAL CLASS FOR WINDSURFING AND TO ENCOURAGE THE TOWN TO HAVE ATHLETIC EVENTS SIMILAR TO THE GOLD CHALLENGE IN THE FUTURE.

H. 4579 -- Reps. J. Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO COMMEND LEVON KIRKLAND OF THE TOWN OF LAMAR IN DARLINGTON COUNTY FOR HIS OUTSTANDING ACHIEVEMENTS AS A HIGH SCHOOL AND COLLEGE FOOTBALL PLAYER, ON BECOMING A PROFESSIONAL FOOTBALL PLAYER FOR THE NATIONAL FOOTBALL LEAGUE'S PITTSBURGH STEELERS, AND FOR HIS PERFORMANCE IN SUPER BOWL XXX.

ADJOURNMENT

At 12:35 P.M. the House in accordance with the motion of Rep. ALLISON adjourned in memory of Coley B. Prather, relative of Rep. LANFORD, of Socastee, to meet at 11:30 A.M. tomorrow.

* * *

Printed Page 739 . . . . . Wednesday, February 14, 1996

Wednesday, February 14, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:30 A.M.

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

We come into Your presence boldly, Lord, for You have promised to hear us when we pray and to answer us when we call. Give us, then, enough light for each next step, enough faith for this day's duties, enough endurance to await Your blessings upon every worthwhile endeavor. When our problems seem insurmountable, when our fairest dreams seem to sink into the sands of futility, may we labor on, confident and certain, knowing that when we are co-workers with God that a joyous victory will inevitably come. So give us the wisdom of Solomon, the courage of David and the patience of Job.

Be with us, then, with Your wisdom and strength. 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. SIMRILL moved that when the House adjourns, it adjourn in memory of Gerald A. Sager of Rock Hill, which was agreed to.

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4413 -- Reps. Wells, Allison, Vaughn, Lee, Davenport, Littlejohn, Walker, D. Smith and Lanford: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, PARENTS, AND OFFICIALS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND ON WEDNESDAY, FEBRUARY 21, 1996, FOR THE PURPOSE OF BEING RECOGNIZED


Printed Page 740 . . . . . Wednesday, February 14, 1996

AND INTRODUCED AND RENDERING A PERFORMANCE BY THE STUDENTS.


| Printed Page 723, Feb. 13 | Printed Page 740, Feb. 14 |

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