Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 620, Feb. 1 | Printed Page 640, Feb. 1 |

Printed Page 630 . . . . . Wednesday, February 1, 1995

Each member of the board must be elected at large for a specifically numbered seat by the qualified electors of the school district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the school district, seat for which he is filing, and other information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.

The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. The expenses of the election must be paid by the district.

The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.

SECTION 2. Three members of the board of trustees of Lexington County School District 1 from Seats 1, 2, and 3 shall be elected in 1995 in a special nonpartisan election at large to be held on May 2, 1995, if the United States Department of Justice has precleared this special election under the federal voting rights act by the date the filing period opens in April as hereinafter provided, or if a court of competent jurisdiction has


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authorized this special election by this date. If the United States Department of Justice has not precleared this special election under the federal voting rights act by the date the filing period opens in April, or if a court of competent jurisdiction has not authorized this special election by this date, this special election must be held on the second Tuesday in September of 1995. These members shall be elected to fill the seats occupied by the three present members of the board whose terms were scheduled to expire in 1994, but who now serve in a holdover capacity because the 1994 election to elect their successors was enjoined by a court of competent jurisdiction. This special election must be conducted by the county election commission in the same manner provided in Section 1 of this act and the procedures therein provided apply to this special election mutatis mutandis, except that the filing period for this special election opens on the first Tuesday in April at noon to run for two weeks if the United States Department of Justice has precleared this special election under the federal voting rights act by this date, or if a court of competent jurisdiction has authorized this special election by this date. If such is not the case, the filing period for this special election opens on the first Tuesday in August at noon to run for two weeks.

The three present members of the board serving in a holdover capacity shall serve until the three members elected in this 1995 special election qualify and take office, at which time these holdover members shall cease being members of the board. The members of the board from Seats 1, 2, and 3 elected at this special election in 1995 shall serve until their successors from Seats 1, 2, and 3 are elected in the 1996 election and qualify and take office, at which time their terms shall expire.

SECTION 3. Act 217 of 1993 is repealed.

SECTION 4. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KNOTTS explained the amendment.

Further proceedings were interrupted by expiration of time on the local uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. KNOTTS having the floor.

MOTION REJECTED

Rep. RICHARDSON moved that the House recur to the morning hour, which was rejected.


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H. 3140--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.

Reps. WHITE and McTEER proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PT\1677DW.95), which was adopted.

Amend the bill, as and if amended, in SECTION 1, Section 7-13-1640, Page 2, beginning on Line 18, by adding subsection (C) to read:

/(C) A machine must provide the voter with the opportunity to write in the name of a person for whom he wishes to vote. The State Election Commission must establish and publicize a policy for all county election commissions where the machine or model will be made available in a public location during regular hours before an election and where the method of casting a write-in vote using the machine can be demonstrated to interested citizens by election commission personnel./

Amend totals and title to conform.

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

ORDERED TO THIRD READING

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

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

Rep. HARRISON explained the Bill.


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H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

Rep. SHEHEEN explained the Bill.

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.

Rep. HARRISON explained the Bill.

H. 3165 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Klauber, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Hines, Stuart, Baxley, Clyburn, Lloyd and Cotty: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

Rep. D. SMITH explained the Bill.


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H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.

Rep. NEAL explained the Bill.

H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

Rep. HARRISON explained the Bill.

H. 3405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO DISQUALIFICATION AND SUSPENSION FROM PARTICIPATION IN CONTRACTS WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1772, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. A. YOUNG explained the Joint Resolution.

H. 3164--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3164 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Baxley, Lloyd and Cotty: A JOINT


Printed Page 635 . . . . . Wednesday, February 1, 1995

RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. It is proposed that Section 9, Article III of the Constitution of this State be amended to read:

"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, That the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. The annual session of the General Assembly shall convene at the State Capitol in the city of Columbia on the second Tuesday of January in even-numbered years and on the second Tuesday in February in odd-numbered years. The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of their respective members for not more than three days following the general election in even-numbered years for the


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purpose of organizing and elections. Officers of the General Assembly, including the Speaker of the House and the President Pro Tempore of the Senate, and committee chairmen must be elected during the organizational session. During odd-numbered years, the presiding officers of the House and Senate shall convene on the second Tuesday in January for not more than two days for the limited purpose of accepting any bills or resolutions introduced by any member and referring any bills or resolutions to the appropriate committee which may then consider them at such times as the committee meets. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:

"Shall Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years and for an organizational session for the Senate in certain years, delete obsolete language, provide for election of officers of the General Assembly, provide for certain meetings for the introduction and referral to committee of legislation, and provide for certain committee meetings?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

Rep. D. SMITH explained the Joint Resolution.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 107; Nays 8

Those who voted in the affirmative are:

Allison          Askins           Bailey
Baxley           Boan             Brown, H.
Brown, J.        Brown, T.        Byrd


Printed Page 637 . . . . . Wednesday, February 1, 1995

Cain             Carnell          Cato
Cave             Clyburn          Cobb-Hunter
Cooper           Cotty            Cromer
Dantzler         Davenport        Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Harvin           Harwell          Haskins
Herdklotz        Hines            Howard
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Martin
Mason            McCraw           McElveen
McKay            McTeer           Meacham
Neal             Neilson          Phillips
Quinn            Rhoad            Rice
Richardson       Riser            Robinson
Rogers           Sandifer         Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stuart           Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, L.      Whipper, S.
Wilder           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Total--107



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Those who voted in the negative are:
Breeland         Brown, G.        Chamblee
Kirsh            McAbee           McMahand
Moody-Lawrence   Williams

Total--8

So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.

H. 3116--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7095BDW.95), which was adopted.

Amend the bill, as and if amended, Section 50-21-850(A), page 1, line 29, by striking /a surfboard kneeboard or similar/ and inserting /a surfboard or similar any/ so that when amended the subsection reads:

/(A) No person shall may water ski or ride on a surfboard or similar any object being towed by a motorized watercraft unless he is wearing a ski belt, a life preserver, or similar equipment which will keep the person afloat should he fall or be thrown into the water United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or


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Type V. Each personal flotation device must be fastened properly in good and serviceable condition, and the proper size for the person wearing it./

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.

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

H. 3199--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7096BDW.95), which was adopted.

Amend the resolution, as and if amended, subsection (D), page 2, lines 9 and 13, by striking /1997/ and inserting /1999/ so that when amended the subsection reads:

/(D) By January 1, 1999, the commission shall submit its findings and state plan to the Governor, the Senate Agriculture and Natural Resources Committee, and the House Agriculture, Natural Resources and Environmental Affairs Committee. The commission terminates January 1, 1999, unless extended by the General Assembly./

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.


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