Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 1910, Apr. 2 | Printed Page 1930, Apr. 3 |

Printed Page 1920 . . . . . Wednesday, April 3, 1996

S. 1272 -- Senators Leventis, Land, Wilson, McGill and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO REQUIRE THAT ON THE NEXT REGULAR WORKING DAY OF THE STATE ELECTION COMMISSION AFTER A POLL IS INITIATED BY A PERSON, CANDIDATE, OR COMMITTEE, THE TEXT OF QUESTIONS TO BE ASKED ALONG WITH THE NAME OF THE POLL'S SPONSOR MUST BE ON FILE WITH THE COMMISSION, TO PROVIDE AN EXCEPTION AND THE COVERED PERIOD AND APPLICABILITY TO PRIMARIES AND RUN-OFF ELECTIONS.

Referred to Committee on Judiciary.

S. 1309 -- Senator Holland: A JOINT RESOLUTION AUTHORIZING A REFERENDUM TO BE HELD AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF PROHIBITING PAYOFFS ON THE OPERATION OF COIN-OPERATED VIDEO GAME MACHINES WITH A FREE PLAY FEATURE IN ANY COUNTY WITH A POPULATION OF NOT LESS THAN FORTY-THREE THOUSAND NOR MORE THAN FORTY-FOUR THOUSAND AS OF THE 1990 UNITED STATES CENSUS.

Referred to Committee on Ways and Means.

H. 3300--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., April 3, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3300:

H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser, Dantzler, Richardson, J. Young, Seithel and Bailey: A BILL TO AMEND SECTIONS 23-3-400, 23-3-420, AND 23-3-440, CODE OF


Printed Page 1921 . . . . . Wednesday, April 3, 1996

LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE FOR PUBLIC NOTIFICATION WHEN A SEX OFFENDER RESIDES OR INTENDS TO RESIDE IN A COMMUNITY, AND REQUIRE THE SHERIFF OF THE COUNTY WHERE THE OFFENDER INTENDS TO RESIDE OR IS RESIDING TO RELEASE THIS INFORMATION TO THE PUBLIC; AND TO REPEAL SECTION 23-3-490 RELATING TO THE CONFIDENTIALITY OF INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY.
and asks for a Committee of Conference and has appointed Senators McConnell, Courtney and Rankin of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. LIMEHOUSE, KNOTTS and MARTIN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

ROLL CALL

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

Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, G.            Brown, H.
Brown, J.            Brown, T.            Cain
Canty                Carnell              Cato
Cave                 Chamblee             Cobb-Hunter
Cooper               Cromer               Dantzler
Delleney             Easterday            Fulmer
Gamble               Govan                Hallman
Harrell              Harris, J.           Harris, P.
Herdklotz            Hines, J.            Hines, M.
Hodges               Howard               Hutson
Inabinett            Keegan               Kelley
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Lloyd
Marchbanks           Martin               Mason

Printed Page 1922 . . . . . Wednesday, April 3, 1996

McAbee               McCraw               McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neal                 Neilson
Phillips             Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Scott                Sharpe
Sheheen              Shissias             Smith, D.
Smith, R.            Spearman             Stoddard
Stuart               Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Wilkins
Williams             Witherspoon          Wofford
Wright               Young                Young-Brickell

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, April 3. Harry C. Stille Ronald P. Townsend Alma W. Byrd Lynn Seithel Harold G. Worley John G. Felder J. Gary Simrill William Clyburn Timothy F. Rogers Ronald N. Fleming Paula H. Thomas Joseph T. McElveen, Jr. Michael F. Jaskwhich Kenneth Kennedy Dwight A. Loftis James H. Harrison William F. Cotty Douglas Jennings, Jr. C. Alex Harvin III Richard M. Quinn, Jr.

Total Present--119

LEAVES OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence for the day due to a Doctor's appointment.

The SPEAKER granted Rep. LITTLEJOHN a leave of absence for the day.


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LEAVE OF THE HOUSE

The SPEAKER granted Reps. THOMAS, McELVEEN, CLYBURN, COTTY and FLEMING a temporary LEAVE OF THE HOUSE due to a General Laws sub-committee meeting.

STATEMENT RE ATTENDANCE

Reps. MARTIN and McELVEEN signed a statement with the Clerk that they were not present during the Session but arrived in time to attend the Committee meetings on Tuesday, April 2.

DOCTOR OF THE DAY

Announcement was made that Dr. Harold E. Shaw of Greenville is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. GAMBLE, on behalf of the Lexington Delegation, presented to the House the Brookland-Cayce High School's selection as a winner in Redbook Magazine's "America's Best School" project, their principal and other school officials.

SENT TO THE SENATE

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.

H. 4850 -- Reps. Loftis and Anderson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 12, 1996, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY WHEN THE DISTRICT'S SCHOOLS WERE CLOSED DUE TO SNOW AND ICE CONDITIONS IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 4853 -- Rep. Wilkes: A BILL TO AMEND ACT 191 OF 1991, RELATING TO THE GOVERNANCE OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY, SO AS TO PROVIDE THAT MEMBERS OF THE GOVERNING BOARD MUST BE ELECTED IN A NONPARTISAN ELECTION HELD AT THE TIME OF THE GENERAL ELECTION, TO DELETE OBSOLETE PROVISIONS, AND TO PROVIDE THAT THE TERMS OF BOARD MEMBERS


Printed Page 1924 . . . . . Wednesday, April 3, 1996

REPRESENTING DISTRICTS 2, 4, AND 6 ARE EXTENDED UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.

H. 4518 -- Reps. Haskins, Carnell, Felder, Koon, J. Young, Witherspoon, Hutson, Limbaugh, Cain, Stuart, Allison, Quinn, Tripp and Vaughn: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CREDIT OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO REMOVE THE PROHIBITION ON THE STATE AND ITS POLITICAL SUBDIVISIONS FROM BECOMING JOINT OWNERS OF OR STOCKHOLDERS IN A COMPANY, ASSOCIATION, OR CORPORATION AND TO CONFORM OTHER LANGUAGE OF THE PARAGRAPH TO THIS REVISION.

H. 3182 -- Reps. L. Whipper, Breeland, J. Brown, Davenport, Harvin, Inabinett, Kirsh, Lloyd and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-720 SO AS TO PROHIBIT BODY PARTS FROM A DEAD BODY REMOVED DURING AN AUTOPSY TO BE USED FOR ORGAN OR TISSUE DONATION UNLESS CONSENT HAS BEEN OBTAINED; TO AMEND SECTIONS 44-43-330 AND 44-43-950, BOTH AS AMENDED, AND BOTH RELATING TO CONSENT FOR ORGAN AND TISSUE DONATION, SO AS TO REQUIRE THAT COUNSELING AND A WRITTEN STATEMENT REGARDING THE DONATION AND ITS PROPOSED USE BE GIVEN TO THE PERSON CONSENTING; AND TO AMEND SECTION 44-43-960 RELATING TO CIRCUMSTANCES REQUIRING PERMISSION FROM THE MEDICAL EXAMINER OR CORONER FOR ORGAN OR TISSUE RECOVERY, SO AS TO CLARIFY THAT THIS PERMISSION IS IN ADDITION TO THE CONSENT OF THE DECEDENT OR NEXT-OF-KIN.

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. 994 -- Senators Greg Smith and McGill: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF SEPTEMBER 26, 1995, MISSED BY THE STUDENTS OF ANDREWS HIGH SCHOOL IN THE GEORGETOWN COUNTY SCHOOL DISTRICT WHEN THIS SCHOOL


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WAS CLOSED DUE TO FIRE AND SMOKE DAMAGE IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES MUST BE MADE UP.

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 614 -- Senator McConnell: A BILL TO AMEND SECTION 50-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF AREAS FOR THE GATHERING OF OYSTERS, SO AS TO INCLUDE CLAMS, PROVIDE FOR PERSONS WHO MAY GATHER THE OYSTERS AND CLAMS, REVISE THE REQUIREMENTS FOR DESIGNATION AND MAINTENANCE OF THE AREAS, AND PROVIDE REQUIREMENTS FOR CRITICAL AREAS DESIGNATED AS PUBLIC SHELLFISH GROUNDS.

H. 4537--DEBATE ADJOURNED

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. COTTY having the floor.

H. 4537 -- Reps. Hutson, Cromer, Limehouse, Herdklotz, Seithel, R. Smith, Simrill, Littlejohn, Sharpe, Bailey, Young-Brickell, Wofford, Fulmer, Rhoad, Inabinett, Walker, Davenport, Witherspoon, Sandifer, Waldrop, Riser, Dantzler, Law, Allison, J. Harris and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES, TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER, TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS, TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEWS, AND TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN DAY CARE CENTERS FOR ONE YEAR PRIOR TO THIS ACT'S EFFECTIVE DATE; BY


Printed Page 1926 . . . . . Wednesday, April 3, 1996

ADDING SECTION 20-7-3092 SO AS TO EXEMPT FROM THE FINGERPRINT REVIEW REQUIREMENTS CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS WHO HAVE UNDERGONE FINGERPRINT REVIEWS; BY AMENDING SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND BY AMENDING SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROHIBIT THE STATE LAW ENFORCEMENT DIVISION FROM CHARGING MORE THAN THE FEDERAL BUREAU OF INVESTIGATION FOR THESE REVIEWS.

Rep. SHEHEEN moved to adjourn debate upon the Bill, which was adopted.

H. 4608--TABLED

The following Bill was taken up.

H. 4608 -- Reps. Sharpe, Cobb-Hunter, Cave, Felder, Clyburn, Rhoad, Stuart, R. Smith, Spearman, McAbee and Govan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-16-105 SO AS TO AUTHORIZE A MEMBER OF A JOINT AGENCY TO CONTRACT WITH THE JOINT AGENCY FOR COLLECTION, TRANSFER, AND/OR DISPOSAL OF SOLID WASTE AND TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THIS CONTRACT; AND TO AMEND SECTION 6-16-120, RELATING TO GOVERNING BODIES APPROVING JOINT AGENCY PROJECTS FINANCED BY BONDS, SO AS TO REVISE WHICH GOVERNING BODIES MUST APPROVE THE PROJECT.

Rep. SHARPE moved to table the Bill, which was agreed to.

S. 1101--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM


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CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3617DW.96), which was adopted.

Amend the bill, as and if amended, Section 7-5-10, SECTION 1, page 2, by striking beginning on line 3 /a reasonable period of time after their appointment/ and inserting:

/eighteen months after their appointment or reappointment/.

When amended the section reads:

/"Section 7-5-10. Between the first day of January and the fifteenth day of March in every even-numbered year the Governor shall appoint, by and with the advice and consent of the Senate, not less than three nor more than five competent and discreet persons in each county, who are qualified electors of that county and who must be known as the board of registration of __________ County. The Governor shall notify the State Election Commission in writing of the appointments. The members appointed are subject to removal by the Governor for incapacity, misconduct, or neglect of duty.

Members must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/

Amend further, Section 7-5-35, SECTION 2, page 2, by striking beginning on line 17 /a reasonable period to time after their appointment/ and inserting:

/eighteen months after their appointment or reappointment/.

When amended the section reads:

/"Section 7-5-35. If a county operates its elections through an election and registration commission composed of seven members, the structure


Printed Page 1928 . . . . . Wednesday, April 3, 1996

and composition are not affected or changed by the provisions of this act. However, the provisions for inclusion of majority and minority party representatives upon the commission and upon the expanded commission as constituted for primary elections and protests must be applied to the seven-member commission, mutatis mutandis.

Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/

Amend further, Section 7-13-70, SECTION 3, page 4, by striking beginning on line 7 /a reasonable period of time after their appointment/ and inserting:

/eighteen months after their appointment or reappointment/.

When amended the section reads:

"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall must appoint for each county not less than three nor more than five commissioners of election upon the recommendation of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall must notify the State Election Commission in writing of the appointments. The State Election Commission shall must verify that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof. The commissioners shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may


Printed Page 1929 . . . . . Wednesday, April 3, 1996

be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment the commissioners, managers, and clerks shall must take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: `I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.

It The oath must be immediately filed in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct.

Commissioners must complete, within eighteen months after their appointment or reappointment, a training and certification program conducted by the State Election Commission."/

Amend title to conform.


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