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 1390, Feb. 3 | Printed Page 1410, Feb. 3 |

Printed Page 1400 . . . . . Thursday, February 3, 1994

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15640AC.94), which was adopted.

Amend the bill, as and if amended, Section 14-23-1130, page 2, lines 10, 11, 13, and 16, by inserting /probate/ before /court/, so when amended that portion of the first paragraph of Section 14-23-1130 preceding item 1. reads:

/The governing body of each county shall provide and the judge of probate shall keep the seal of the probate court, the necessary office equipment of the probate court, and those books as from time to time may appear to be are necessary for keeping the records of the probate court and for reference thereto to these records, including index books, appropriately labeled, referring to the records of the probate court pertaining to the following matters:/.

Amend further by deleting Section 4 of the bill.

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

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

H.4535 - POINT OF ORDER

The following Joint Resolution was taken up.

H. 4535 -- Reps. Sheheen, Hodges, Wilkins and J. Wilder: A JOINT RESOLUTION TO PROVIDE FOR 1994 ONLY THE DATES FOR FILING OF ALL CANDIDATES SEEKING NOMINATION BY POLITICAL PARTY PRIMARY, POLITICAL PARTY CONVENTION, OR PETITION IS BETWEEN NOON JUNE FIRST AND NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-11-210 FOR 1994 ONLY THE DATE FOR FILING THE NOTICE OF CANDIDACY AND PLEDGE IS BY NOON JUNE FIFTEENTH; NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-40 FOR 1994 ONLY THE DATE FOR PRIMARY ELECTIONS IS THE SECOND TUESDAY IN AUGUST; TO CHANGE FOR 1994 ONLY THE DATES FOR FILING FOR OFFICE, FILING THE NOTICE OF CANDIDACY, AND THE DATE FOR PRIMARY ELECTIONS FOR CANDIDATES FOR SCHOOL BOARD WHOSE PRIMARY


Printed Page 1401 . . . . . Thursday, February 3, 1994

ELECTIONS COINCIDE WITH THE GENERAL PRIMARY ELECTION ESTABLISHED BY SECTION 7-13-40; FOR 1994 ONLY TO PROVIDE THAT IF RUN-OFF PRIMARY ELECTIONS ARE NECESSARY THEY MUST BE HELD ON AUGUST 23, 1994, NOTWITHSTANDING THE PROVISIONS OF SECTION 7-13-350 THE RESULTS OF ALL ELECTIONS MUST BE CERTIFIED TO THE APPROPRIATE ELECTION COMMISSIONERS BY 12:00 NOON ON SEPTEMBER 6, 1994.

POINT OF ORDER

Rep. CORNING made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S.488 - POINT OF ORDER

The following Joint Resolution was taken up.

S. 488 -- Senator Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.

POINT OF ORDER

Rep. CORNING made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

S. 540--DEBATE ADJOURNED

Rep. M.O. ALEXANDER moved to adjourn debate upon the following Bill until Thursday, February 10, which was adopted.

S. 497--OBJECTION WITHDRAWN

Rep. FARR withdrew his objection to S. 497 however, other objections remained upon the Bill.


Printed Page 1402 . . . . . Thursday, February 3, 1994

RECALLED FROM JUDICIARY--MASTER-IN-EQUITY APPOINTMENT

Rep. A. YOUNG asked unanimous consent to recall the Dorchester Master-in- Equity Appointment from the Judiciary Committee, which was agreed to.

H. 4659--RECALLED AND REFERRED TO THE
COMMITTEE ON JUDICIARY

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

H. 4659 -- Reps. Hodges, Gonzales, Cromer and Delleney: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-205 SO AS TO PROVIDE THAT ALL COSTS, FEES, FINES, PENALTIES, FORFEITURES, AND OTHER REVENUE GENERATED BY THE CIRCUIT COURTS AND FAMILY COURTS MUST BE REMITTED 56 PERCENT TO THE COUNTY AND 44 PERCENT TO THE STATE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-1-206 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 62 PERCENT OF A CRIMINAL FINE IMPOSED IN GENERAL SESSIONS AND FAMILY COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-207 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 88 PERCENT OF A CRIMINAL FINE IMPOSED IN MAGISTRATES' COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 14-1-208 SO AS TO PROVIDE AN ASSESSMENT EQUAL TO 68 PERCENT OF A CRIMINAL FINE IMPOSED IN MUNICIPAL COURT AND TO PROVIDE FOR THE COLLECTION AND DISTRIBUTION OF THE ASSESSMENT; BY ADDING SECTION 11-5-175 SO AS TO REQUIRE THE STATE TREASURER TO PROVIDE A QUARTERLY REPORT TO EACH DEPARTMENT OR AGENCY THAT RECEIVES MONEY COLLECTED PURSUANT TO SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; AND BY ADDING SECTION 11-7-25 SO AS TO REQUIRE THE STATE AUDITOR TO EXAMINE THE BOOKS AND RECORDS OF THE CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS FOR COMPLIANCE WITH SECTIONS 14-1-205, 14-1-206, 14-1-207, AND 14-1-208; TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS GENERALLY, SO AS TO DELETE


Printed Page 1403 . . . . . Thursday, February 3, 1994

THE REQUIREMENT OF DIVIDING THE FIFTY-FIVE DOLLAR FILING FEES; TO AMEND SECTION 14-17-725, RELATING TO COLLECTION COST FOR FINES PAID ON INSTALLMENTS, SO AS TO PROVIDE FOR COLLECTING COST FOR ASSESSMENTS PAID ON INSTALLMENTS; TO AMEND SECTION 16-23-50, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN WEAPONS VIOLATIONS, SO AS TO DELETE REMITTANCE OF THE FINE TO MUNICIPALITIES; TO AMEND SECTION 22-3-545, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS, SO AS TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED PURSUANT TO SECTION 14-1-205; TO AMEND SECTION 44-53-310, RELATING TO CIVIL FINES FOR VIOLATION OF REGISTRATION OF CONTROLLED SUBSTANCES, SO AS TO PROVIDE THAT FINES MUST BE REMITTED TO THE STATE TREASURER FOR DEPOSIT AND BENEFIT OF THE DEPARTMENT OF MENTAL HEALTH FOR ITS DRUG ADDICTION TREATMENT FACILITIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE POSSESSION OF CERTAIN CONTROLLED SUBSTANCES, SO AS TO REVISE THE DISTRIBUTION OF FINES AND FORFEITURES; TO AMEND SECTION 48-1-350, RELATING TO DISPOSITION OF PENALTIES COLLECTED FOR VIOLATION OF THE POLLUTION CONTROL ACT, SO AS TO REVISE DISPOSITION OF CIVIL AND CRIMINAL PENALTIES; TO AMEND SECTION 56-1-190, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION, SO AS TO DELETE PROVISIONS ALLOWING REDUCTION OF COURT COSTS; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO HANDICAP PARKING VIOLATIONS, SO AS TO DELETE THE FIVE DOLLAR ASSESSMENT; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO FINES FOR SPEEDING, SO AS TO DELETE THE ALLOCATION OF A PORTION OF THE FINE TO THE GENERAL FUND; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTIC DRUGS, SO AS TO DELETE REMITTANCE OF A PORTION OF THE FINE TO THE STATE OFFICE OF VICTIM ASSISTANCE; AND TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE, SO AS TO DELETE THE FIFTY DOLLAR FEE; TO REPEAL SECTIONS 14-1-210 RELATING TO THE ESTABLISHMENT OF COST OF COURT FEE TO FUND CERTAIN PROGRAMS;
Printed Page 1404 . . . . . Thursday, February 3, 1994

14-1-212 RELATING TO THE IMPOSITION OF AN ADDITIONAL FEE IN GENERAL SESSIONS COURT; 14-1-213 RELATING TO FEES FOR CERTAIN DEFENSE OF INDIGENTS; 16-11-700(E)(6) RELATING TO ASSESSMENTS FOR LITTER VIOLATIONS; 20-7-1510 RELATING TO THE DISPOSITION OF FINES, FORFEITURES, AND OTHER REVENUES; 24-23-210 RELATING TO FEES ASSESSED ON PERSONS CONVICTED OF CRIMINAL OFFENSES FOR THE PURPOSE OF DEFRAYING THE COSTS OF COMMUNITY CORRECTIONS PROGRAMS; 44-53-580 RELATING TO THE DISPOSITION OF FINES; 56-1-725 RELATING TO TRAFFIC POINTS ASSESSMENT; 61-13-480 AND 61-13-490 BOTH RELATING TO DISTRIBUTION OF CERTAIN FINES AND ASSESSMENTS.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 4528 from the Committee on Labor, Commerce and Industry.

Rep. T.C. ALEXANDER objected.

H. 4248--SENATE AMENDMENTS CONCURRED IN

AND BILL ENROLLED

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

H. 4248 -- Reps. J. Harris and Baxley: A BILL TO ABOLISH THE CHESTERFIELD COUNTY BOARD OF VOTER REGISTRATION AND CHESTERFIELD COUNTY ELECTION COMMISSION, AND TO CREATE THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION.

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.

Rep. WHITE moved that the House do now adjourn.

Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:

Yeas 25; Nays 74



Printed Page 1405 . . . . . Thursday, February 3, 1994

Those who voted in the affirmative are:
Askins           Bailey, J.       Boan
Breeland         Brown, J.        Byrd
Carnell          Cobb-Hunter      Harris, P.
Harvin           Hines            Hodges
Jennings         Kennedy          Keyserling
Kirsh            McKay            McMahand
Moody-Lawrence   Neal             Richardson
Rudnick          Waites           Whipper
White

Total--25

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Baker            Baxley
Brown, G.        Brown, H.        Cato
Chamblee         Clyborne         Cooper
Corning          Cromer           Davenport
Delleney         Elliott          Fair
Farr             Felder           Fulmer
Gamble           Govan            Graham
Hallman          Harrell          Harrelson
Harwell          Haskins          Holt
Houck            Huff             Hutson
Inabinett        Keegan           Kelley
Kinon            Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       McTeer           Meacham
Phillips         Quinn            Riser
Robinson         Sharpe           Sheheen
Simrill          Smith, R.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Thomas           Townsend         Trotter
Tucker           Vaughn           Walker
Wells            Wilder, D.       Wilkes
Wilkins          Wofford          Wright
Young, A.        Young, R.

Total--74


Printed Page 1406 . . . . . Thursday, February 3, 1994

So, the House refused to adjourn.

MOTION PERIOD

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

H. 3267--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 2, Rep. CORNING having the floor.

H. 3267 -- Reps. Corning, Cato, Sturkie, Haskins, Fulmer, Quinn, Wells, Klauber, Robinson, A. Young, Cooper, Davenport, R. Smith, Fair, Meacham, Simrill, Walker, Moody-Lawrence, Delleney, Felder, Littlejohn, H. Brown, Baker, Worley, Gonzales, Stone, Harwell, Marchbanks, Sharpe, Wofford, Allison, Chamblee, Vaughn, Clyborne, Huff, Wright, Koon, Lanford, R. Young, Wilkins, Graham and Jaskwhich: A BILL TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1 OF CHAPTER 41, TITLE 44, AND TO ENTITLE THE ARTICLE "ABORTIONS GENERALLY"; TO AMEND CHAPTER 41, TITLE 44, RELATING TO ABORTIONS, BY ADDING ARTICLE 3 SO AS TO ENACT THE "WOMAN'S RIGHT TO KNOW ACT", INCLUDING PROVISIONS FOR PENALTIES; TO PROVIDE THAT THE PRINTED MATERIALS REQUIRED TO BE PUBLISHED PURSUANT TO SECTION 44-41-340, AS ADDED BY THIS ACT, MUST BE PUBLISHED ON OR BEFORE THE EFFECTIVE DATE OF ARTICLE 3, CHAPTER 41, TITLE 44, AS ADDED BY THIS ACT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS, WORDS, PHRASES, AND CLAUSES OF THIS ACT.

AMENDMENT NO. 2--ADOPTED

Debate was resumed on Amendment No. 2, which was proposed on Thursday, January 27, by Rep. CORNING.

Rep. CORNING continued speaking.

SPEAKER PRO TEMPORE IN CHAIR

Rep. CORNING continued speaking.

Rep. HODGES spoke against the amendment.

Rep. HUFF spoke in favor of the amendment.

Rep. WALDROP moved that the House do now adjourn.


Printed Page 1407 . . . . . Thursday, February 3, 1994

POINT OF ORDER

Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

Rep. KLAUBER demanded the yeas and nays, which were taken resulting as follows:

Yeas 49; Nays 68

Those who voted in the affirmative are:

Anderson         Askins           Bailey, J.
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, J.
Byrd             Carnell          Cobb-Hunter
Harris, J.       Harris, P.       Harvin
Hines            Hodges           Holt
Houck            Inabinett        Jennings
Kennedy          Keyserling       Kirsh
Martin           McAbee           McCraw
McKay            McLeod           McMahand
Moody-Lawrence   Neal             Phillips
Rhoad            Richardson       Rogers
Rudnick          Scott            Sharpe
Stille           Townsend         Tucker
Waites           Waldrop          Whipper
White            Wilder, D.       Wilkes
Worley

Total--49

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Baker            Barber
Brown, H.        Canty            Chamblee
Clyborne         Cooper           Corning
Cromer           Davenport        Delleney
Elliott          Fair             Farr
Felder           Fulmer           Gamble
Gonzales         Govan            Graham
Hallman          Harrell          Harrelson
Harrison         Harwell          Haskins

Printed Page 1408 . . . . . Thursday, February 3, 1994

Huff             Hutson           Keegan
Kelley           Kinon            Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       McTeer
Meacham          Neilson          Quinn
Riser            Robinson         Sheheen
Simrill          Smith, R.        Snow
Spearman         Stoddard         Stone
Stuart           Sturkie          Thomas
Trotter          Vaughn           Walker
Wells            Wilder, J.       Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, R.

Total--68

So, the House refused to adjourn.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. J. BAILEY a leave of absence for the remainder of the day.

Reps. FAIR and CORNING spoke in favor of the amendment.

Rep. HODGES spoke against the amendment.

The amendment was then adopted.

Reps. RUDNICK and COBB-HUNTER proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\436\11517AC.93), which was tabled.

Amend the bill, as and if amended, by deleting Section 44-41-330(C).

Amend further by deleting in Section 44-41-330(D)

/then the waiting period required pursuant to subsection (C) of this section shall not apply/ and inserting /then the abortion may be performed or induced/.

Renumber sections to conform.

Amend title to conform.

Rep. RUDNICK explained the amendment.

Rep. CORNING spoke against the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. CORNING moved to table the amendment.


Printed Page 1409 . . . . . Thursday, February 3, 1994

Rep. SIMRILL demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 69 to 42.

Rep. CARNELL moved that the House do now adjourn.

Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:

Yeas 60; Nays 49

Those who voted in the affirmative are:

Anderson         Askins           Bailey, G.
Barber           Boan             Breeland
Brown, G.        Brown, J.        Byrd
Carnell          Chamblee         Elliott
Gamble           Hallman          Harrelson
Harris, J.       Harris, P.       Harwell
Hines            Hodges           Holt
Houck            Jennings         Kennedy
Keyserling       Kinon            Kirsh
Mattos           McAbee           McCraw
McElveen         McKay            McLeod
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Richardson       Rogers
Rudnick          Scott            Sheheen
Snow             Spearman         Stille
Stoddard         Townsend         Tucker
Waites           Waldrop          Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Worley

Total--60

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Canty            Cato
Clyborne         Cooper           Corning
Cromer           Davenport        Delleney
Fair             Farr             Felder
Fulmer           Gonzales         Govan
Harrell          Harrison         Haskins

Printed Page 1410 . . . . . Thursday, February 3, 1994

Huff             Hutson           Keegan
Kelley           Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       Meacham          Quinn
Riser            Robinson         Sharpe
Simrill          Smith, R.        Stone
Stuart           Thomas           Trotter
Vaughn           Walker           Wells
Witherspoon      Wofford          Wright
Young, A.

Total--49

So, the motion to adjourn was agreed to.


| Printed Page 1390, Feb. 3 | Printed Page 1410, Feb. 3 |

Page Finder Index