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 3660, Mar. 22 | Printed Page 3680, Mar. 22 |
Printed Page 3670 . . . . . Tuesday, March 22, 1994
(6) governmental employees, their spouses, and dependents residing with them;

(7) electors with a death or funeral in the family within a three-day period before the election;

(8) persons on vacation (who by virtue of vacation plans will be absent from their county of residence on election day);

(9) poll managers, county voter registration board members and staff, county election commission members and staff working on election day;

(10) overseas citizens;

(11) persons attending sick or physically disabled persons;

(12) persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election;

(13) persons who will be serving as jurors in a state or federal court on election day.

(14) persons seventy-two years of age or older.

(15) persons confined to a jail or pre-trial facility pending disposition of arrest or trial."

SECTION . Section 7-15-340 of the 1976 Code, as last amended by Act 489 of 1992, is further amended to read:

"Section 7-15-340. The application required in Section 7-15-330 to be submitted to such election officials must be in the following form; except that persons listed in Section 7-15-320(2), (3), (6), and (10) may use Standard Form 76, or any subsequent form replacing it, provided by the federal government as a simultaneous request for registration and an absentee ballot or a request for an absentee ballot if already registered. APPLICATION FOR ABSENTEE BALLOT TO THE BOARD OF VOTER

REGISTRATION: ________ COUNTY
I hereby apply for an absentee ballot and request that I be permitted to vote in the election to be held on the ____ day of ________ 19__. (If you will also be absent for any subsequent runoff election which is held two weeks after the initial election and wish for an absentee ballot for the runoff to be sent to your absentee address, check here: []) (If a ballot is requested for a primary election, print your political party preference in this space ________.) I am a qualified elector and am registered to vote in the ________ precinct and ________ State House of Representatives District (if known). My registration certificate number is ________. My full name is ________________.

Please Print I hereby swear or affirm, UNDER PENALTY OF LAW, that I will be absent from my county of residence on election day during the hours the polls are open or unable to appear at the polling place

Printed Page 3671 . . . . . Tuesday, March 22, 1994
because of physical disability, employment obligations requiring that I be at my place of employment in my county of residence during the hours the polls are open, responsibilities as a poll manager, county registration board member or staff, or county election commission member or staff, and that I am eligible to vote by absentee ballot under one of the following categories:

(CHECK APPROPRIATE BOX)

[] 1. Students, their spouses, and dependents residing with them. (The term "students" shall mean all persons residing outside of the counties of their respective residences, enrolled in an institution of learning).

[] 2. Armed Forces, Merchant Marine, their spouses, and dependents residing with them.

[] 3. Persons serving with the American Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, their spouses, and dependents residing with them.

[] 4. Employment. (The term "employment" means those persons who by virtue of their employment obligations will be absent from their county of residence on election day during the hours the polls are open and who will be unable to vote in person, or those persons who are required by their employment obligations to be at their place of employment in their county of residence during the entire hours that the polls are open and will be unable to vote in person; and further, must present written certification of such obligations, signed by their employer, to the county registration board).

[] 5. Physically disabled person. (The term "physically disabled person" means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically present inside or outside his county of residence).

[] 6. Governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open.

[] 7. Death in family, or attending funeral within a three-day period of election.

[] 8. Persons on vacation (who by virtue of vacation plans will be absent from their county of residence and unable to vote in person).

[] 9. Poll managers and county voter registration board members and staff, and county election commission members and staff working on election day. (Persons in this category are entitled to vote by absentee ballot whether physically present inside or outside of their county of residence on election day during the hours the polls are open).

Printed Page 3672 . . . . . Tuesday, March 22, 1994
[] 10. Overseas citizens.

[] 11. Persons attending sick or physically disabled persons.

[] 12. Persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election.

[] 13. Persons who will be serving as jurors in a state or federal court on election day.

[] 14. Persons seventy-two years of age or older.

[] 15. Persons confined to a jail or pre-trial facility pending disposition of arrest or trial.
 My home address in South Carolina as shown on my registration certificate is:

My absentee mailing address (address to which absentee ballot should be mailed) is:

Signature

Social Security or Identification Number."/

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.

S. 10--INTERRUPTED DEBATE

The following Bill was taken up.

S. 10 -- Senators Martin and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-742 SO AS TO REQUIRE THAT A NONCUSTODIAL PARENT BE MADE A PARTY IN AN ABUSE, NEGLECT, OR DELINQUENCY MATTER BEFORE THE FAMILY COURT, AND TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO REMOVAL OF A CHILD FROM PARENTAL CUSTODY IN ABUSE AND NEGLECT CASES, SO AS TO INCLUDE AMONG THE FINDINGS REQUIRED THAT THERE IS NO RELATIVE, INCLUDING A NONCUSTODIAL PARENT, WITH WHOM THE CHILD MAY BE PLACED.

Rep. HODGES explained the Bill.

Printed Page 3673 . . . . . Tuesday, March 22, 1994
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. HODGES having the floor.

H. 4681--OBJECTION

Rep. DAVENPORT withdrew his objection to the following Bill whereupon an objection was raised by Rep. JASKWHICH.

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE

Printed Page 3674 . . . . . Tuesday, March 22, 1994
REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.

H. 4124--OBJECTIONS WITHDRAWN

Reps. SCOTT and NEAL withdrew their objections to the following Bill.

H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.

H. 4574--OBJECTION WITHDRAWN

Rep. SIMRILL withdrew his objection to H. 4574 however, other objections remained upon the Bill.

H. 4681--OBJECTIONS

Reps. JASKWHICH, HASKINS and HUFF withdrew their objections to the following Bill whereupon objections were raised by Reps. McTEER, FARR, McELVEEN and DELLENEY.

H. 4681 -- Reps. McElveen, Sheheen, Wilkins, Phillips, McTeer, Rogers, Farr, McCraw, Shissias, J. Bailey, Meacham, G. Brown, Waites, Cobb-Hunter, Barber, Tucker, Houck, Martin, Kirsh, Wright, Moody-Lawrence, Chamblee, Stille, McLeod, Stoddard, Simrill, Sturkie, D. Wilder, Cooper, Townsend, Hodges, Stuart, Allison, Walker, Snow, Boan, Gamble, Vaughn, Jaskwhich, Delleney, Wells, Neilson, Haskins, Davenport, Hines, Littlejohn, Cato, Beatty, Robinson, Lanford and Jennings: A BILL TO ENACT THE "SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994" SO AS TO ESTABLISH A SCHOOL-TO-WORK SYSTEM TO EQUIP ALL STUDENTS WITH RELEVANT ACADEMIC SKILLS, MARKETABLE OCCUPATIONAL SKILLS, AND APPROPRIATE WORK-PLACE BEHAVIORS, TO ACCOMPLISH THE ABOVE THROUGH REVISIONS IN ACADEMIC AND VOCATIONAL CURRICULUM, ESTABLISHMENT OF CAREER EXPLORATION AND COUNSELING INITIATIVES, AND A PROGRAM OF APPRENTICESHIPS, MENTORSHIPS, AND WORK-PLACE EXPERIENCES, TO PROVIDE THAT BEGINNING WITH THE 1995-96 SCHOOL YEAR AND

Printed Page 3675 . . . . . Tuesday, March 22, 1994
UNDER CERTAIN CONDITIONS, COMPLETION OF APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATIONS SKILLS SHALL FULFILL HIGH SCHOOL COURSE PREREQUISITE REQUIREMENTS AS EQUIVALENT TO PRECOLLEGE CURRICULUM REQUIREMENTS FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS, TO ESTABLISH A COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING STATE TAX CREDITS FOR WORK-BASED PROGRAMS, HOW TO MAXIMIZE GOVERNMENT AND PRIVATE FUNDING FOR EDUCATION, AND WORKERS' COMPENSATION, INSURANCE AND LIABILITY ISSUES RELATING TO THE SCHOOL-TO-WORK SYSTEM; AND TO AMEND SECTION 41-13-20, RELATING TO CHILD LABOR, SO AS TO PROVIDE THAT NO CHILD UNDER THE AGE OF EIGHTEEN DURING THE REGULAR SCHOOL YEAR MAY WORK MORE THAN TWENTY HOURS A WEEK AND TO PROVIDE EXCEPTIONS.

H. 4124--OBJECTION WITHDRAWN

Rep. BYRD withdrew her objection to the following Bill.

H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.

H. 4140--OBJECTION WITHDRAWN

Rep. SCOTT withdrew his objection to H. 4140 however, other objections remained upon the Bill.

H. 4399--OBJECTION WITHDRAWN

Rep. SCOTT withdrew his objection to the following Bill.

H. 4399 -- Reps. J. Bailey and Corning: A BILL TO AMEND SECTION 38-77-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AUTOMOBILE INSURERS MAKE COLLISION AND COMPREHENSIVE COVERAGE AVAILABLE TO ANY INSURED, SO AS TO PROVIDE THAT AN INSURER IS NOT REQUIRED TO WRITE PRIVATE PASSENGER PHYSICAL COVERAGE FOR

Printed Page 3676 . . . . . Tuesday, March 22, 1994
SPECIFIED TYPES OF VEHICLES, TO PROVIDE THAT A CERTAIN NOTICE MUST BE PROVIDED TO APPLICANTS PURCHASING SINGLE INTEREST COLLISION COVERAGE, TO PROVIDE THAT IN DETERMINING THE PREMIUM RATES TO BE CHARGED ON AUTOMOBILE INSURANCE, IT IS UNLAWFUL TO CONSIDER RACE, COLOR, CREED, RELIGION, NATIONAL ORIGIN, ANCESTRY, LOCATION OF RESIDENCE, OCCUPATION, OR ECONOMIC STATUS, TO PROVIDE AN INSURER OR ITS AGENT SHALL PROVIDE WRITTEN NOTICE TO AN INSURED OF THE REASON HE WAS NOT WRITTEN AT THE BASE RATE, AND TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER ANNUALLY SHALL COMPILE A COMPARATIVE STATISTICAL ANALYSIS OF PERSONS FOR WHOM PHYSICAL DAMAGE COVERAGES ARE WRITTEN AND OF PERSONS FOR WHOM PHYSICAL DAMAGE COVERAGES ARE DENIED.

H. 4633--POINT OF ORDER ON MOTION TO RECONSIDER

Rep. HUFF raised the Point of Order that Rep. COBB-HUNTER's motion to reconsider the vote whereby H. 4633 was recommitted to Ways and Means was out of order as it was a procedural motion and could not be reconsidered.

The SPEAKER sustained the Point of Order and ruled the motion out of order.

Rep. QUINN moved that the House do now adjourn.

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

Yeas 6; Nays 97

Those who voted in the affirmative are:

Fair             Harrell          Quinn
Snow             Trotter          Wilkins

Total--6

Those who voted in the negative are: 

Alexander, M.O.  Alexander, T.C.  Allison
Bailey, G.       Bailey, J.       Baker
Baxley           Beatty           Boan
Breeland         Brown, H.        Brown, J.
Printed Page 3677 . . . . . Tuesday, March 22, 1994
Byrd             Canty            Carnell
Cato             Chamblee         Clyborne
Cromer           Delleney         Elliott
Farr             Fulmer           Gamble
Govan            Graham           Hallman
Harrelson        Harris, J.       Harvin
Harwell          Haskins          Hines
Hodges           Holt             Houck
Huff             Hutson           Inabinett
Jaskwhich        Keegan           Kelley
Keyserling       Kinon            Kirsh
Klauber          Koon             Lanford
Law              Littlejohn       Martin
Mattos           McAbee           McCraw
McElveen         McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Richardson       Riser            Robinson
Rogers           Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Townsend         Tucker           Vaughn
Waites           Waldrop          Walker
White            Wilder, D.       Wilder, J.
Wilkes           Williams         Witherspoon
Wofford          Worley           Wright
Young, A.

Total--97

So, the House refused to adjourn.

Printed Page 3678 . . . . . Tuesday, March 22, 1994
S. 1155--RECALLED FROM THE COMMITTEE ON
LABOR, COMMERCE AND INDUSTRY

On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.

S. 1155 -- Senators Martin and Setzler: A BILL TO AMEND SECTION 40-29-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENERGY EFFICIENCY LABELING ON MANUFACTURED HOMES, SO AS TO PROVIDE FOR A PERMANENT LABEL AND A CONSUMER NOTICE; AND TO AMEND SECTION 12-36-2110, AS AMENDED, RELATING TO SALES TAX ON MANUFACTURED HOMES SO AS TO PROVIDE THAT AN EQUIVALENT HEAT LOSS CALCULATION MAY BE USED IN DETERMINING IF STANDARDS HAVE BEEN MET TO QUALIFY FOR THE EXEMPTION FROM THE TAX DUE ABOVE THREE HUNDRED DOLLARS; TO PROVIDE THAT THE EXEMPTION APPLIES IN MANUFACTURED HOMES WHICH HAVE BEEN PREVIOUSLY OCCUPIED BUT MEET THE STANDARDS; AND TO PROVIDE THAT THE EDITION OF THE AMERICAN SOCIETY OF HEATING, REFRIGERATING, AND AIR CONDITIONING ENGINEERS GUIDE IN EFFECT AT THE TIME IS THE SOURCE FOR THE HEAT LOSS CALCULATION.

H. 4865--RECALLED FROM THE COMMITTEE ON
EDUCATION AND PUBLIC WORKS

On motion of Rep. KEYSERLING, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.

H. 4865 -- Reps. Keyserling, White, Richardson and Harrelson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 TO TITLE 59 SO AS TO CREATE THE BEAUFORT-JASPER HIGHER EDUCATION COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, MEETINGS, AUTHORITY, AND DUTIES; TO REPEAL ACT 90 OF 1959 RELATING TO THE BEAUFORT COUNTY HIGHER EDUCATION COMMISSION; AND TO PROVIDE FOR FINAL AND INITIAL TERMS.

Printed Page 3679 . . . . . Tuesday, March 22, 1994
H. 4306, S. 1186 AND S. 1216--RECALLED FROM
THE COMMITTEE ON EDUCATION AND PUBLIC WORKS

On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolutions were ordered recalled from the Committee on Education and Public Works.

H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

S. 1186 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXTRACURRICULAR SERVICES AND TRANSPORTATION OF HANDICAPPED STUDENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1636, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1216 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO THE ADULT EDUCATION CURRICULUM AND ADULT EDUCATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1670, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3857--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

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

H. 3857 -- Reps. Harvin, Felder, Keegan, Stuart, G. Brown, Meacham, Wells, Govan, Neilson, Simrill, Elliott, Askins, Hines, Rhoad, Carnell, Moody-Lawrence, Stone, Kirsh, Mattos, Gamble, T.C. Alexander, Anderson, Stille, Wilkes, Hutson, Chamblee, Harrelson, H. Brown, Klauber, Kelley, Phillips, Wofford, Law, Witherspoon, Gonzales, Lanford, Williams, Townsend, Koon, D. Wilder, McTeer and McAbee: A BILL TO PROVIDE A PROCEDURE WHEREBY ANY MUNICIPAL

Printed Page 3680 . . . . . Tuesday, March 22, 1994
FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE ENTITY MAY PROVIDE MUTUAL AID ASSISTANCE, UPON REQUEST, FROM ANY OTHER MUNICIPAL FIRE DEPARTMENT, FIRE DISTRICT, FIRE PROTECTION AGENCY, OR OTHER EMERGENCY SERVICE DELIVERY SYSTEM IN SOUTH CAROLINA AT THE TIME OF A SIGNIFICANT INCIDENT SUCH AS FIRE, EARTHQUAKE, OR HURRICANE.

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