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

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| Printed Page 3180, Mar. 9 | Printed Page 3200, Mar. 10 |
Printed Page 3190 . . . . . Wednesday, March 9, 1994
Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Yeas 65; Nays 28

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Brown, H.        Carnell
Cato             Chamblee         Clyborne
Cooper           Corning          Davenport
Fair             Fulmer           Gamble
Gonzales         Govan            Graham
Hallman          Harrell          Harrison
Harvin           Haskins          Holt
Houck            Hutson           Jennings
Keegan           Kelley           Kinon
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
Mattos           McCraw           McKay
McLeod           Meacham          Phillips
Quinn            Richardson       Riser
Robinson         Rogers           Scott
Simrill          Smith, D.        Smith, R.
Stille           Stone            Stuart
Townsend         Trotter          Vaughn
Walker           Wells            Wilder, D.
Wilkins          Witherspoon      Wofford
Worley           Young, A.

Total--65

Those who voted in the negative are: 

Anderson         Bailey, J.       Barber
Breeland         Brown, J.        Byrd
Cobb-Hunter      Delleney         Harrelson
Harris, J.       Hodges           Inabinett
Keyserling       Martin           McAbee
McElveen         McMahand         McTeer
Moody-Lawrence   Neal             Rudnick
Sheheen          Shissias         Spearman
Printed Page 3191 . . . . . Wednesday, March 9, 1994
Waites           Whipper          White
Wilkes

Total--28

So, the motion to reconsider was agreed to.

The question then recurred to the adoption of the amendment, which was agreed to.

Section 41 as amended was adopted.

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

MOTION NOTED

Rep. BOAN moved to reconsider the vote whereby Part IA, Sections 31, 46, 68, 69A, 19, Part IB, Sections 3, 11, 17G, 18A, 18B, 18K, 18M, 18N, 19, 19A, 30 and 41 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.

SILENT PRAYER

On motion of Rep. THOMAS, the House stood in silent prayer in memory of Major Spencer Guerry of Georgetown County.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4891 -- Reps. Rogers, Waites, Scott, Shissias, Quinn, Harrison, J. Brown, Neal, Byrd, Corning, Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson,

Printed Page 3192 . . . . . Wednesday, March 9, 1994
Phillips, Rhoad, Richardson, Riser, Robinson, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF C. HEYWARD BELSER OF COLUMBIA, FORMER CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, WHO DIED THURSDAY, MARCH 3, 1994.

H. 4894 -- Reps. Carnell and McAbee: A CONCURRENT RESOLUTION CONGRATULATING MARGARET HERRING JENNINGS ON HER ELECTION AS PRESIDENT OF THE AMERICAN SCHOOL COUNSELORS ASSOCIATION.

H. 4895 -- Reps. Wright, Sturkie, Gamble, Riser, Stuart and Koon: A CONCURRENT RESOLUTION COMMENDING STEVEN A. GANTT FOR HIS OUTSTANDING PUBLIC SERVICE AS EXECUTIVE DIRECTOR OF THE IRMO CHAPIN RECREATION COMMISSION.

ADJOURNMENT
At 8:00 P.M. the House in accordance with the motion of Rep. DAVENPORT adjourned in memory of Robert "Bob" H. Chapman, Jr., to meet at 9:30 A.M. tomorrow.

* * *
Printed Page 3193 . . . . . Thursday, March 10, 1994
Thursday, March 10, 1994
(Statewide Session)

Indicates Matter Stricken Indicates New Matter

The House assembled at 9:30 A.M.

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

O God our Father, Who speaks in quietness to the listening ear, cleanse the thoughts that discolor our outlook. Grant us the vision to see Your face and the knowledge of Your will. We would bring to You our inmost selves, cluttered and confused, where the good and the evil, the petty and the great, the wheat and the tares are so closely entwined. May the awareness of Your presence motivate our every thought, word and deed. Cause our minds to be untroubled as we stay our trust in You.

And to You, most holy God, we give our praise and thanksgiving.

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. THOMAS moved that when the House adjourns, it adjourn in memory of Major Spencer Guerry of Georgetown County, which was agreed to.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., March 10, 1994 Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.

Very respectfully, President

On motion of Rep. STODDARD, the invitation was accepted.

Printed Page 3194 . . . . . Thursday, March 10, 1994
HOUSE RESOLUTION

The following was introduced:

H. 4900 -- Reps. A. Young, G. Bailey, Harrell, Hutson and Cobb-Hunter: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO JOHN MCKISSICK, LEGENDARY HEAD COACH OF THE SUMMERVILLE HIGH SCHOOL GREENWAVE FOOTBALL TEAM, ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING SALUTED FOR ATTAINING THE RECORD FOR MOST CAREER VICTORIES.

The Resolution was ordered referred to the Committee on Rules.

CONCURRENT RESOLUTION

The following was introduced:

H. 4901 -- Reps. A. Young, G. Bailey, Harrell, Hutson and Cobb-Hunter: A CONCURRENT RESOLUTION SALUTING JOHN MCKISSICK, LEGENDARY SUMMERVILLE HIGH SCHOOL FOOTBALL COACH, WHO HAS WON MORE FOOTBALL GAMES THAN ANY OTHER COACH IN HISTORY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1246 -- Senator Holland: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO MRS. WILLIENE WEST OGBURN OF CAMDEN IN KERSHAW COUNTY UPON THE OCCASION OF BEING SELECTED MS. SENIOR SOUTH CAROLINA.

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

Printed Page 3195 . . . . . Thursday, March 10, 1994
INTRODUCTION OF BILLS

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

H. 4902 -- Reps. Trotter, Graham, Gonzales, Baker, Sturkie, Meacham, G. Bailey, Simrill, Stone, Wilkins, Chamblee, Hutson, Hines, Snow, Cooper, Stille, Littlejohn, Stoddard, Neilson, Wofford, A. Young, Clyborne, D. Smith, Marchbanks, Robinson, Delleney, Harrison, Hallman, Wright, Riser, Klauber and Harrell: A BILL TO AMEND SECTION 56-3-1820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR NATIONAL GUARD MEMBERS, SO AS TO PROVIDE THAT THE SPECIAL LICENSE PLATE FEE IS NOT PAID IN THOSE YEARS IN WHICH ONLY A REVALIDATION STICKER IS USED.

Referred to Committee on Education and Public Works.

H. 4903 -- Rep. Corning: A BILL TO AMEND SECTION 12-9-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME AND AMOUNTS SUBJECT TO WITHHOLDING FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO REVISE THE WITHHOLDING REQUIREMENTS FOR PAYMENTS OF RENTALS AND ROYALTIES TO NONRESIDENTS, PRIZES AND AWARDS TO RESIDENTS AND NONRESIDENTS, AND CONTRACTUAL PAYMENTS TO NONRESIDENTS FOR CONDUCTING BUSINESS OR PERFORMING PERSONAL SERVICES TEMPORARILY IN THIS STATE, REVISE THRESHOLD WITHHOLDING REQUIREMENTS AND ALLOW EXEMPTION FROM WITHHOLDING BY ENTITIES REGISTERING WITH THE SECRETARY OF STATE OR DEPARTMENT OF REVENUE AND TAXATION AGREEING TO THE JURISDICTION OF THE DEPARTMENT AND THE COURTS OF THIS STATE TO DETERMINE TAX LIABILITY, TO RELIEVE THE PAYOR OF THE REQUIREMENT TO WITHHOLD WHEN THE PAYEE PROVIDES AN AFFIDAVIT STATING THAT THE PAYEE IS REGISTERED, AND TO PROVIDE FOR THE REVOCATION OF THE REGISTRATION EXEMPTION; AND TO AMEND SECTIONS 33-15-105 AND 33-42-1620, RELATING TO THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS IN THIS STATE AND THE REGISTRATION OF A FOREIGN LIMITED PARTNERSHIP TO TRANSACT BUSINESS IN THIS STATE, SO AS

Printed Page 3196 . . . . . Thursday, March 10, 1994
TO CONFORM THESE PROVISIONS TO THE REVISED WITHHOLDING PROVISIONS OF THIS ACT.

Referred to Committee on Ways and Means.

H. 4904 -- Reps. J. Wilder and Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENTS THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

Referred to Committee on Judiciary.

H. 4905 -- Reps. J. Wilder and Hodges: A BILL TO AMEND CHAPTER 5, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4, SO AS TO DESIGNATE VOTER REGISTRATION AGENCIES TO PROVIDE CERTAIN SERVICES REGARDING VOTER REGISTRATION TO FACILITATE THIS PROCESS, TO PROVIDE FOR A PROCEDURE BY WHICH A VALID VOTER REGISTRATION FORM MAY BE COMPLETED AT THE DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, TO PROVIDE A PROCEDURE FOR AN ELECTOR TO VOTE AT A POLLING PLACE WHEN THEY HAVE MOVED AND HAVE NOT REREGISTERED IN THE PRECINCT IN WHICH THEY RESIDE, AND TO ENUMERATE THE POWERS OF THE STATE ELECTION COMMISSION IN IMPLEMENTING THE PROVISIONS OF THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE RESPONSIBILITIES OF THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE EXECUTIVE DIRECTOR DELETE THE NAME OF ANY ELECTOR WHO IS NO LONGER QUALIFIED TO VOTE IN THE PRECINCT WHERE HE IS CURRENTLY REGISTERED AND THE NAME OF AN ELECTOR WHO HAS FAILED TO VOTE IN EACH OF TWO CONSECUTIVE STATEWIDE ELECTIONS, AND PROVIDE THAT THE EXECUTIVE DIRECTOR SERVE AS THE CHIEF STATE ELECTION OFFICIAL RESPONSIBLE FOR IMPLEMENTING AND COORDINATING THE

Printed Page 3197 . . . . . Thursday, March 10, 1994
STATE'S RESPONSIBILITIES UNDER THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-30, RELATING TO THE NOTICE OF DELETION OF AN ELECTOR'S NAME FROM THE ROSTER OF ELECTORS, SO AS TO DELETE CERTAIN ARCHAIC REFERENCES AND REFERENCES TO PROVISIONS WHICH ARE BEING ELIMINATED PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, AN APPEAL BY AN ELECTOR THAT HIS NAME HAS BEEN DELETED FROM THE ROSTER MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO THE REGISTRATION OF AN ELECTOR BY MAIL, SO AS TO AUTHORIZE A PERSON TO REGISTER TO VOTE BY MAILING OR HAVING DELIVERED A COMPLETED STATE REGISTRATION BY MAIL APPLICATION FORM OR A COMPLETED NATIONAL REGISTRATION BY MAIL APPLICATION FORM PRESCRIBED BY THE FEDERAL ELECTION COMMISSION, TO REDUCE FROM FORTY-FIVE TO THIRTY DAYS THE TIME REQUIRED BEFORE ANY ELECTION TO FILE THIS APPLICATION FORM, TO PROVIDE THAT IF THE POSTMARK OF THE APPLICATION IS MISSING OR ILLEGIBLE THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE THE ELECTION, TO DELETE THE PROVISIONS REQUIRING THE APPLICATION TO BE WITNESSED BY A QUALIFIED ELECTOR, AND TO ADD CERTAIN REFERENCES TO VOTER REGISTRATION AGENCIES BEING DESIGNATED UNDER THE PROVISIONS OF SECTION 7-5-310; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS TO VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT
Printed Page 3198 . . . . . Thursday, March 10, 1994
THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440 AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-830, AS AMENDED, RELATING TO THE PROCEDURE WHICH MUST BE USED WHEN A VOTER IS CHALLENGED, SO AS TO ADD A PROVISION WHICH REQUIRES THE AUTHORITY IN CHARGE TO EXAMINE EACH BALLOT IN QUESTION AND COUNT ONLY THAT PORTION OF THE BALLOT WHICH APPEARS ON THE BALLOT IN THE PRECINCT IN WHICH THE ELECTOR RESIDES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO THE ITEMS WHICH ARE EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO ADD COMPLETED VOTER REGISTRATION APPLICATION FORMS.

Referred to Committee on Judiciary.

ROLL CALL

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

Alexander, M.O.  Allison          Anderson
Askins           Bailey, G.       Bailey, J.
Beatty           Boan             Breeland
Brown, G.        Brown, H.        Brown, J.
Cato             Chamblee         Cobb-Hunter
Cooper           Corning          Cromer
Davenport        Delleney         Fair
Farr             Fulmer           Gamble
Govan            Graham           Hallman
Harrell          Harrelson        Harris, J.
Harris, P.       Harrison         Hines
Hodges           Holt             Houck
Hutson           Inabinett        Keegan
Kelley           Keyserling       Kinon
Kirsh            Lanford          Littlejohn
Marchbanks       Mattos           McAbee
McKay            McMahand         McTeer
Moody-Lawrence   Neilson          Phillips
Rhoad            Riser            Robinson
Printed Page 3199 . . . . . Thursday, March 10, 1994
Rogers           Sheheen          Simrill
Smith, D.        Smith, R.        Spearman
Stille           Stoddard         Stone
Stuart           Thomas           Townsend
Trotter          Tucker           Vaughn
Waites           Waldrop          Walker
Wells            Whipper          White
Wilder, D.       Wilder, J.       Wilkins
Witherspoon      Wofford          Worley
Young, A.        Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday,
March 10.
E. DeWitt McCraw         Terry E. Haskins
Timothy C. Wilkes        Marion P. Carnell
James S. Klauber         John J. Snow, Jr.
Robert A. Barber, Jr.    J. Michael Baxley
Thomas C. Alexander      Stephen E. Gonzales
David A. Wright          Larry L. Elliott
John L. Scott, Jr.       James N. Law
Irene K. Rudnick         Douglas Jennings, Jr.
Dell Baker               Becky Meacham
E.B. McLeod, Jr.         Ralph W. Canty
John G. Felder           Charles R. Sharpe
Joseph H. Neal           June S. Shissias
B. Hicks Harwell         Kenneth Kennedy
Dewitt Williams          C. Lenoir Sturkie
Richard M. Quinn, Jr.    Michael F. Jaskwhich
H. Howell Clyborne, Jr.  Alma W. Byrd
Scott H. Richardson      Morgan Martin
Thomas E. Huff           Joseph T. McElveen, Jr.
Larry L. Koon            C. Alex Harvin, III

Total Present--124

DOCTOR OF THE DAY

Announcement was made that Dr. Donald G. Gregg from Greenville, is the Doctor of the Day for the General Assembly.

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