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

Page Finder Index

| Printed Page 3860, May 21 | Printed Page 3880, May 21 |

Printed Page 3870 . . . . . Tuesday, May 21, 1996

H. 5021 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REPORT CARDS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1970, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 876--DEBATE ADJOURNED

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

S. 876 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE PROVISIONS FOR SCHOOL DISTRICT 56.

S. 913--DEBATE ADJOURNED

Rep. HARRELL moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.

S. 913 -- Senators Passailaigue, Ford, McConnell, Reese, Washington and Rose: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.

S. 35--OBJECTIONS

The following Bill was taken up.

S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.


Printed Page 3871 . . . . . Tuesday, May 21, 1996

Rep. KNOTTS moved to adjourn debate upon the Bill until Wednesday, June 5.

Rep. CATO moved to table the motion, which was agreed to.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10552SD.96).

Amend the bill, as and if amended, in Section 1-24-20 of the 1976 Code, as contained in SECTION 1, by striking subsection (C) which begins on line 10 of page 2 and inserting:

/(C) The board shall meet at least once a year and at the call of the chairman./

Amend title to conform.

Rep. CATO explained the amendment.

Reps. WHATLEY, WRIGHT, KNOTTS, YOUNG-BRICKELL, S. WHIPPER, LAW, LANFORD, CATO, VAUGHN, SHARPE, TROTTER, MEACHAM, R. SMITH and BAILEY objected to the Bill.

S. 72--DEBATE ADJOURNED

Rep. SIMRILL moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.

S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.

S. 73--DEBATE ADJOURNED

The following Joint Resolution was taken up.

S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.


Printed Page 3872 . . . . . Tuesday, May 21, 1996

Rep. SIMRILL moved to adjourn debate upon the Joint Resolution until Wednesday, May 22.

Rep. TUCKER moved to table the motion, which was not agreed to by a division vote of 12 to 29.

The question then recurred to the motion to adjourn debate, which was agreed to.

S. 556--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

S. 556 -- Senator Russell: 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 AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN AND TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING THE PUBLIC OFFICES REFERRED TO IN SECTION 7 OF ARTICLE III AND SECTION 1 OF ARTICLE VI IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.

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

SECTION 1. It is proposed that Section 4, Article II of the Constitution of this State be amended to read:

"Section 4.Every Each citizen of the United States and of this State of who has attained the age of eighteen on or before the first Tuesday after the first Monday in November and upwards who is properly registered shall be is entitled to be an elector for the calendar year in which the citizen has attained the age of eighteen years and vote in the precinct of his residence and not elsewhere. Provided, however, that any a registered elector who has moved his place of residence within the State during the thirty days immediately prior to before the date of any election shall be is entitled to vote in his previous precinct of residence in such only that election only. A person is not considered a qualified elector for purposes of holding the public offices referred to in Section 7 of Article III and Section 1 of Article VI if he has been convicted of a felony under state or


Printed Page 3873 . . . . . Tuesday, May 21, 1996

federal law, including a plea of guilty or nolo contendere to these offenses."

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 ballot:

"Must Section 4, Article II of the Constitution of this State be amended so as to authorize a person who attains the age of eighteen by the first Tuesday following the first Monday in November to be an elector for the calendar year in which the person has attained the age of eighteen, and to provide that a person is not considered a qualified elector for purposes of holding the public offices referred to in Section 7 of Article III and Section 1 of Article VI if he has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses?

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'."

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PFM\9396SD.96), which was adopted.

Amend the joint resolution, as and if amended, by adding at the end of Section 4 of Article II of the Constitution, as contained in SECTION 1, on line 34 of page 1:

/A person is not considered a qualified elector for purposes of holding the public offices referred to in Section 7 of Article III and Section 1 of Article VI if he has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses./

Amend further in Section 2 by inserting after /eighteen/ on line 3 of page 2:

/, and to provide that a person is not considered a qualified elector for purposes of holding the public offices referred to in Section 7 of Article III and Section 1 of Article VI if he has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses./

Renumber sections to conform.

Amend title to read:


Printed Page 3874 . . . . . Tuesday, May 21, 1996

/PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN AND TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING THE PUBLIC OFFICES REFERRED TO IN SECTION 7 OF ARTICLE III AND SECTION 1 OF ARTICLE VI IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES./

Rep. CROMER explained the amendment.

The amendment was then adopted.

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

Yeas 95 Nays 0

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Brown, G.            Brown, H.
Brown, J.            Brown, T.            Cain
Canty                Carnell              Cato
Cave                 Chamblee             Cobb-Hunter
Cooper               Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Felder               Fleming
Gamble               Hallman              Harrell
Harris, J.           Herdklotz            Hines, J.
Hines, M.            Hodges               Hutson
Jaskwhich            Keegan               Kelley
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McAbee
McCraw               McElveen             McKay
McTeer               Meacham              Moody-Lawrence

Printed Page 3875 . . . . . Tuesday, May 21, 1996

Neal                 Neilson              Phillips
Quinn                Rhoad                Rice
Richardson           Riser                Robinson
Rogers               Sandifer             Seithel
Sharpe               Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford              Wright
Young                Young-Brickell       

Total--95

Those who voted in the negative are:


Total--0

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

S. 583--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22859SD.96), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3 and inserting:

/SECTION 3. The 1976 Code is amended by adding:


Printed Page 3876 . . . . . Tuesday, May 21, 1996

"Section 7-5-185. A person is not considered a qualified elector for purposes of holding any public office of this State if he has been convicted of a felony under state or federal law, including a plea of guilty or nolo contendere to these offenses."

SECTION 4. This act takes effect upon ratification of amendments to Section 4, Article II of the Constitution of this State changing the age qualification to vote and the qualifications to be a qualified elector for purposes of holding specified offices./

Amend title to read:

/TO AMEND SECTION 7-5-120 AND 7-5-180, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR; TO AMEND THE 1976 CODE BY ADDING SECTION 7-5-185 SO AS TO PROVIDE THAT A PERSON IS NOT CONSIDERED A QUALIFIED ELECTOR FOR PURPOSES OF HOLDING ANY PUBLIC OFFICE OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF IF HE HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF THIS AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF THIS STATE PERMITTING THE ABOVE./

Renumber sections to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

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

ORDERED TO THIRD READING

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

S. 776 -- Senators Lander, Giese and Matthews: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 3877 . . . . . Tuesday, May 21, 1996

RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.

Rep. KLAUBER explained the Bill.

S. 921--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.

S. 921 -- Senators Bryan, Elliott, Reese, Wilson, Gregory, Leatherman and Washington: A BILL TO AMEND SECTION 1-23-120 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY APPROVAL OF REGULATIONS, SO AS TO PROVIDE THAT ALL REGULATIONS REQUIRING GENERAL ASSEMBLY REVIEW SHALL EXPIRE FIVE YEARS AFTER THEIR EFFECTIVE DATE, UNLESS SUBSEQUENTLY APPROVED FOR ADDITIONAL PERIODS OF FIVE YEARS.

S. 929--DEBATE ADJOURNED

Rep. R. SMITH moved to adjourn debate upon the following Bill until Wednesday, May 22, which was adopted.

S. 929 -- Senators McConnell, Ryberg and Wilson: A BILL TO AMEND SECTION 5-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENT UPON TERMS OF CONSOLIDATION, SO AS TO PROVIDE THAT WHEN THE CORPORATE LIMITS OF ANY MUNICIPALITY ARE ENLARGED BY INCLUSION OF TERRITORY OF ANOTHER ADJACENT MUNICIPALITY IN WHOLE OR IN PART, THE GOVERNING BODIES OF THE MUNICIPALITIES MAY, AFTER PUBLIC HEARING, STIPULATE AND AGREE UPON TERMS OF CONSOLIDATION OR BOUNDARY ADJUSTMENT BY ORDINANCE ADOPTED BY EACH MUNICIPALITY.

S. 1013--OBJECTIONS

The following Bill was taken up.

S. 1013 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION


Printed Page 3878 . . . . . Tuesday, May 21, 1996

47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\JIC\6031SD.96).

Amend the bill, as and if amended, in Section 47-1-210 of the 1976 Code, as contained in SECTION 1, by striking subsection (D), which begins on line 1 of page 2, and inserting:

/(D) This section does not apply when a live animal is given away as follows:

(1) by individuals or organizations operating in conjunction with a cooperative extension education program or agricultural vocational program sanctioned by the State Department of Education or local school districts;

(2) by individuals or organizations operating in conjunction with field trials approved by the Department of Natural Resources; or

(3) by kennels that advertise in national publications in regard to dogs that are registered with the United Kennel Club or the American Kennel Club./

Amend title to conform.

Rep. KLAUBER explained the amendment.

Reps. ASKINS, WITHERSPOON, CHAMBLEE, COOPER, CAIN, LAW and STUART objected to the Bill.

Rep. YOUNG-BRICKELL moved that the House recede until 2:30 P.M., which was adopted.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.


Printed Page 3879 . . . . . Tuesday, May 21, 1996

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

ACTING SPEAKER TROTTER IN CHAIR

SPEAKER IN CHAIR

MOTION NOTED

Rep. LIMBAUGH moved to reconsider the vote whereby debate was adjourned on S. 921 and the motion was noted.

S. 1028--DEBATE ADJOURNED

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

S. 1028 -- Senators Hayes, Short and Peeler: A BILL TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION.

S. 1050--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the following Joint Resolution, which was adopted.

S. 1050 -- Senators McConnell, Lander, Giese and Rose: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, BY ADDING SECTION 24 SO AS TO PROVIDE FOR THE "VICTIMS' BILL OF RIGHTS"; AND ALSO PROPOSING AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.


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