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 5590, May 5 | Printed Page 5610, May 5 |
Printed Page 5600 . . . . . Thursday, May 5, 1994
H. 3490 -- Reps. Neilson, Farr, G. Bailey, Hines, Corning, Shissias, Hutson, Wells, Jaskwhich, Harrelson, Vaughn, Anderson, Davenport, Chamblee, Allison, Littlejohn, Cato, Stone, Haskins, Fair, Walker, Robinson and Marchbanks: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO REQUIRE A PARENT RECEIVING CHILD SUPPORT TO MAKE AN ACCOUNTING OF THE EXPENDITURES MADE FROM THE CHILD SUPPORT RECEIVED.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was read the third time, passed and, 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.

S. 1330 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO THE PRACTICE OF COSMETOLOGY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1729, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 699--RECOMMITTED

The following Bill was taken up.

S. 699 -- Senator Land: A BILL TO AMEND SECTION 12-7-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TARGETED JOBS TAX CREDIT, SO AS TO PROVIDE TERMS AND CONDITIONS UNDER WHICH THE CREDITS MAY BE USED BY A SUCCESSOR CORPORATION FOLLOWING A MERGER, CONSOLIDATION, OR REORGANIZATION WHERE TAX ATTRIBUTES SURVIVE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1645 SO AS TO AUTHORIZE THE FILING OF A CONSOLIDATED CORPORATE

Printed Page 5601 . . . . . Thursday, May 5, 1994
INCOME TAX RETURN AND TO PROVIDE THE TERMS AND CONDITIONS UNDER WHICH SUCH RETURNS MAY BE FILED.

Rep. KIRSH moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.

ORDERED TO THIRD READING

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

H. 5021 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION 20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE, REGISTRATION OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.

Rep. WOFFORD explained the Bill.

H. 5021--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WOFFORD, with unanimous consent, it was ordered that H. 5021 be read the third time tomorrow.

H. 4093--AMENDED, OBJECTION AND

ORDERED TO THIRD READING

The following Bill was taken up.

H. 4093 -- Reps. Harwell, G. Bailey, Sharpe, Kinon, Spearman and Jennings: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION IN CERTAIN CASES, SO AS TO INCREASE THIS JURISDICTION FROM TWO THOUSAND FIVE HUNDRED DOLLARS TO FIVE THOUSAND DOLLARS.

Rep. RUDNICK proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20870SD.94), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . The 1976 Code is amended by adding:

Printed Page 5602 . . . . . Thursday, May 5, 1994
"Section 22-3-305. Civil judgments from the magistrate's court filed and docketed in the Circuit Court as provided in Section 22-3-300 must include the summons and affidavit of service regarding the person or persons against whom the judgment is entered."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES moved to table the amendment.

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

The amendment was then tabled by a division vote of 44 to 5.

Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20852SD.94), which was ruled out of order.

Amend the bill, as and if amended, by adding an appropriately SECTION to read:

/SECTION . Section 22-1-10 of the 1976 Code is amended by adding a new subsection (E):
(E) The Governor in appointing magistrates from a particular county shall receive input and recommendations from the Bar Association of that county prior to the appointments./

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

POINT OF ORDER

Rep. HODGES raised the Point of Order that Amendment No. 2 was out of order as it was not germane.

Rep. RUDNICK argued contra the Point.

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

Rep. RUDNICK proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20853SD.94), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . The 1976 Code is amended by adding:

Printed Page 5603 . . . . . Thursday, May 5, 1994
"Section 22-3-225. Civil judgments entered in magistrate's court must include the social security number of the person against whom the judgment is entered."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

Rep. HARRELSON spoke in favor of the amendment.

Rep. VAUGHN moved to table the amendment, which was not agreed to by a division vote of 6 to 67.

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

Rep. RUDNICK objected to the Bill.

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

H. 4346--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4346 -- Rep. Neilson: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER JOINT CUSTODY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16050AC.94), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/SECTION 1. Section 20-7-420 of the 1976 Code, as last amended by Act 441 of 1992, is further amended by adding at the end an appropriately numbered item to read:

"( ) to order joint or divided custody where the court finds it is in the best interests of the child."/

Renumber items to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Printed Page 5604 . . . . . Thursday, May 5, 1994
The Bill, as amended, was read the second time and ordered to third reading.

H. 4402--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 4402 -- Reps. Thomas, Rudnick and Keyserling: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO DELETE DETAILED REQUIREMENTS FOR THE REGULATION OF ALCOHOLIC LIQUORS AND BEVERAGES AND AUTHORIZE THE GENERAL ASSEMBLY TO REGULATE THEIR CONSUMPTION.

Rep. G. BAILEY moved to adjourn debate upon the Joint Resolution until Tuesday, May 10.

Rep. HODGES moved to table the motion, which was not agreed to by a division vote of 11 to 43.

The question then recurred to the motion to adjourn debate until Tuesday, May 10, which was agreed to.

H. 4687--OBJECTIONS

The following Bill was taken up.

H. 4687 -- Reps. Hodges and McElveen: A BILL TO AMEND SECTION 7-15-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH ABSENTEE VOTING, SO AS TO DELETE THE DEFINITIONS "MEMBERS OF THE ARMED FORCES OF THE UNITED STATES", "MEMBERS OF THE MERCHANT MARINE OF THE UNITED STATES", "STUDENTS", AND "PHYSICALLY DISABLED PERSON"; TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO QUALIFICATIONS FOR VOTING BY ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS AND PROVIDE THAT A PERSON ONLY NEED FOLLOW THE PROVISIONS OF ARTICLE 5, CHAPTER 15, TITLE 7 TO QUALIFY TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-330, AS AMENDED, RELATING TO THE TIME OF APPLICATION FOR AN ABSENTEE BALLOT, SO AS TO ADD A REQUIREMENT THAT

Printed Page 5605 . . . . . Thursday, May 5, 1994
MEMBERS OF THE ARMED FORCES AND MERCHANT MARINES OF THE UNITED STATES, THEIR SPOUSES AND DEPENDENTS RESIDING WITH THEM ARE PERMITTED TO USE STANDARD FORM 76 OR ANY SUBSEQUENT FORM REPLACING IT; TO AMEND SECTION 7-15-340, AS AMENDED, RELATING TO THE FORM REQUIRED FOR APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE SPECIFIC QUALIFICATIONS REQUIRED PURSUANT TO THE PROVISIONS OF SECTION 7-15-320 WHICH HAVE BEEN DELETED BY THIS ACT, REQUIRE IDENTIFYING INFORMATION ON A FORM PRESCRIBED BY THE EXECUTIVE DIRECTOR AND AN OATH STATING THAT THE APPLICANT IS QUALIFIED TO VOTE AND HAS NOT VOTED DURING THE ELECTION FOR WHICH THE APPLICATION FOR ABSENTEE BALLOT IS SOUGHT; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF BALLOTS AND ENVELOPES TO THE BOARD OF REGISTRATION OF EACH COUNTY BY THE COMMISSIONERS OF ELECTION OF COUNTY OR THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH COUNTY; TO AMEND SECTION 7-15-410, RELATING TO THE ESTABLISHMENT OF AN ABSENTEE VOTING PRECINCT, SO AS TO DELETE REFERENCES TO THE COUNTY COMMITTEE FOR EACH POLITICAL PARTY BEING RESPONSIBLE FOR CERTAIN ELECTION FUNCTIONS; TO AMEND SECTION 7-15-430, RELATING TO THE REQUIREMENT THAT AN ABSENTEE VOTER MUST BE NOTED ON THE REGISTRATION LISTS, SO AS TO DELETE REFERENCES TO COUNTY COMMITTEES; TO AMEND SECTION 7-15-450, AS AMENDED, RELATING TO THE APPLICATION OF ARTICLE 7, CHAPTER 15, TITLE 7, SO AS TO DELETE REFERENCES TO POLITICAL PARTIES AND ANY OTHER AUTHORITIES HOLDING A PRIMARY OR CONDUCTING AN ELECTION AND THAT THE ARTICLE APPLIES TO ANY AUTHORITY CONDUCTING AN ELECTION; AND TO REPEAL SECTIONS 7-15-250, 7-15-260, AND 7-15-395 RELATING TO THE DUTIES OF, AND EXPENSES INCURRED BY, COUNTY COMMITTEES AND POLITICAL PARTIES IN CONDUCTING PRIMARY ELECTIONS.

Printed Page 5606 . . . . . Thursday, May 5, 1994
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\Council\Legis\Amend\WWW\30219DW.94).

Amend the bill, as and if amended, SECTION 3, page 5, line 17, by inserting after /before the/ /state primary election and general/.

When amended, SECTION 3 shall read:

/SECTION 3. Section 7-15-330 of the 1976 Code, as last amended by Act 193 of 1989, is further amended to read:

"Section 7-15-330. To vote by absentee ballot, a qualified elector or a member of his immediate family must request an application to vote by absentee ballot in person, by telephone, or by mail from the county registration board, or at an extension office of the board of registration as established by the county governing body, for the county of the voter's residence. In addition to using the application form for absentee ballot described in Section 7-15-340, members of the Armed Forces and Merchant Marines of the United States, their spouses and dependents residing with them, 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, and overseas citizens as that term is defined in Section 7-15-110 are permitted to use Standard Form 76 or any subsequent form replacing that form. A person requesting an application for a qualified elector as the qualified elector's authorized representative must request an application to vote by absentee ballot in person or by mail only and must himself be a registered voter and must sign an oath to the effect that he fits the statutory definition of a representative. This signed oath must be kept on file with the board of registration until the end of the calendar year or until all contests concerning a particular election have been finally determined, whichever is later. A candidate or a member of a candidate's paid campaign staff, including volunteers reimbursed for time expended on campaign activity, is not allowed to request applications for absentee voting for any person designated in this section unless the person is a member of the immediate family. A request for an application to vote by absentee ballot may be made anytime during the calendar year in which the election in which the qualified elector desires to be permitted to vote by absentee ballot is being held. However, completed applications must be returned to the county registration board in person or by mail before 5:00 p.m. on the fourth day before the day of the election. Applications must be accepted by the county board of registration on the last two Saturdays before the state primary election and general election and until 5:00 p.m. on the day immediately preceding the election for those who appear in person and are qualified to vote absentee pursuant to Section

Printed Page 5607 . . . . . Thursday, May 5, 1994
7-15-320. A member of the immediate family of a person who is admitted to a hospital as an emergency patient on the day of an election or within a four-day period before the election may obtain an application from the registration board on the day of an election, complete it, receive the ballot, deliver it personally to the patient who shall vote, and personally carry the ballot back to the board of registration. The board of registration shall serially number each absentee ballot application form and keep a record book in which must be recorded the number of the form, the name, home address, and absentee mailing address of the person for whom the absentee ballot application form is requested; the name, address, voter registration number, and relationship of the person requesting the form, if other than the applicant; the date upon which the form is requested; and the date upon which the form is issued. This information becomes a public record at 9:00 a.m. on the day immediately preceding the election, except that forms issued for emergency hospital patients must be made public by 9:00 a.m. on the day following an election. A person who violates the provisions of this section is subject to the penalties provided in Section 7-25-170."/.

Amend title to conform.

Rep. HODGES explained the amendment.

Reps. SIMRILL, G. BROWN, MEACHAM, MOODY-LAWRENCE, A. YOUNG, KELLEY and KEEGAN objected to the Bill.

H. 4767--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4767 -- Reps. Neilson, Rogers, Whipper, Hallman, Gonzales, Sturkie, Quinn, Littlejohn, Govan, McKay, Hines, McCraw, Fulmer, Cobb-Hunter, J. Bailey, G. Bailey, Walker, J. Harris, Beatty, Phillips, Vaughn, Davenport, Rudnick, Richardson, Canty, D. Wilder, Stille, Spearman, Thomas, Breeland, Scott, Moody-Lawrence, Inabinett, Riser, Waites, Koon, Harrison and Corning: A BILL TO AMEND SECTION 20-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS AND DUTIES OF PARENTS IN REGARD TO THEIR MINOR CHILDREN, SO AS TO PROVIDE THAT PARENTS HAVE EQUAL ACCESS TO EDUCATIONAL AND MEDICAL RECORDS OF THEIR MINOR CHILDREN.

Printed Page 5608 . . . . . Thursday, May 5, 1994
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\16047AC.94), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 inserting:

/SECTION 1. Section 20-7-100 of the 1976 Code is amended to read:

"Section 20-7-100. The mother and father are the joint natural guardians of their minor children and are equally charged with their the welfare and education of their minor children and the care and management of their the estates of their minor children; and the mother and father shall have equal power, rights, and duties, and neither parent has any right paramount to the right of the other concerning the custody of the minor or the control of the services or the earnings of such the minor or any other matter affecting the minor. Each parent, whether the custodial or noncustodial parent of the child, has equal access and the same right to obtain all educational records and medical records of their minor children. Neither parent shall forcibly take a child from the guardianship of the parent legally entitled to its custody of the child. The welfare of the minor shall be the first consideration and the court having jurisdiction shall determine all questions concerning the guardianship of the minor. Nothing herein contained shall be construed to relieve the father of his common-law obligation to support his children, nor shall it be construed to increase the liability of the mother to support the children."/

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. 443--DEBATE ADJOURNED

The following Bill was taken up.

S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A

Printed Page 5609 . . . . . Thursday, May 5, 1994
PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name 94L:\council\legis\amend\CYY\16051AC.94).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 30-4-40(a)(2) of the 1976 Code is amended to read:

"(2) Information of a personal nature where the public disclosure thereof would constitute unreasonable invasion of personal privacy. , including, but not limited to, Information of a personal nature shall include, but not be limited to, information as to gross receipts contained in applications for business licenses. and information relating to public records which include the name, address, and telephone number or other such information of an individual or individuals who are handicapped or disabled when the information is requested for person to person commercial solicitation of handicapped persons solely by virtue of their handicap. This provision must not be interpreted to restrict access by the public and press to information contained in public records."

SECTION 2. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. MARCHBANKS moved to adjourn debate upon the Bill until Tuesday, May 10, which was adopted.

S. 872--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 872 -- Senators Moore, Leventis, Greg Smith, Short and Mescher: A BILL TO AMEND SECTION 20-7-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE CONDITIONS UNDER WHICH GRANDPARENT VISITATION MAY BE GRANTED.

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