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 4680, May 30 | Printed Page 4700, May 30 |
Printed Page 4690 . . . . . Thursday, May 30, 1996
concerning the preparation of the record and, upon completion, shall immediately be provided to the parties and the Clerk of the Supreme Court of South Carolina."

SECTION . If any provision of this act or the application of a provision of this act to a person or circumstance is held invalid, the invalidity does not effect other provisions if applications of this act can be given effect without the invalid provision of application, and to this end the provisions of this act are severable./

Renumber SECTIONS to conform.

Amend title to conform.

Rep. D. SMITH explained the amendment.

POINT OF ORDER

Rep. COBB-HUNTER raised the Point of Order that Amendment No. 1A was out of order as it was not germane.

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

Rep. MARTIN spoke in favor of the Senate amendments.

The Senate amendments were agreed to, and the Bill, 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. 82--NON-CONCURRENCE IN SENATE AMENDMENTS

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

S. 82 -- Senators McConnell, Rose and Wilson: A JOINT 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

Printed Page 4691 . . . . . Thursday, May 30, 1996
LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

S. 1028--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

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.

Rep. CROMER explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, 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.

H. 4434--NON-CONCURRENCE IN SENATE AMENDMENTS

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

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.

Rep. KIRSH moved to continue the Bill.

Printed Page 4692 . . . . . Thursday, May 30, 1996
Rep. MARTIN demanded the yeas and nays, which were taken resulting as follows:

Yeas 15; Nays 71

Those who voted in the affirmative are:

Cobb-Hunter          Cooper               Cotty
Easterday            Fleming              Harris, J.
Hodges               Hutson               Kirsh
Lee                  Loftis               Mason
McElveen             Meacham              Simrill

Total--15

Those who voted in the negative are:

Allison              Anderson             Askins
Bailey               Baxley               Beck
Brown, J.            Cain                 Carnell
Cato                 Cave                 Cromer
Dantzler             Davenport            Delleney
Fulmer               Gamble               Hallman
Harrell              Harvin               Hines, M.
Howard               Inabinett            Jaskwhich
Jennings             Keegan               Kelley
Klauber              Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Lloyd                Martin
McAbee               McCraw               McMahand
Neal                 Neilson              Phillips
Quinn                Rhoad                Rice
Riser                Robinson             Sandifer
Seithel              Sharpe               Sheheen
Smith, D.            Smith, R.            Spearman
Stoddard             Stuart               Tripp
Trotter              Tucker               Waldrop
Walker               Wells                Whatley
Whipper, S.          Wilder               Wilkins
Witherspoon          Wofford              Wright
Young                Young-Brickell

Total--71

Printed Page 4693 . . . . . Thursday, May 30, 1996
So, the House refused to continue the Bill.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

H. 4012--DEBATE ADJOURNED

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

H. 4012 -- Reps. Townsend, Trotter and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 71 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR THE ISSUANCE OF A SPECIAL LICENSE PLATE FOR FOREST PRODUCT HAULERS; TO AMEND SECTION 56-3-120, RELATING TO EXEMPTIONS FROM REGISTERING AND LICENSING VEHICLES, SO AS TO EXEMPT CERTAIN KNUCKLEBOOM LOADERS FROM REGISTRATION AND LICENSING; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LENGTH OF LOAD ON CERTAIN POLE TRAILERS AND CARRIERS, SO AS TO DELETE RESTRICTIONS TO THE HOURS CERTAIN VEHICLES CAN TRAVEL ON THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-4630, RELATING TO THE ATTACHMENT OF A LAMP OR FLAG ON LOADS EXTENDING CERTAIN LENGTHS BEYOND THE BED OR BODY OF A MOTOR VEHICLE, SO AS TO REVISE THE DIMENSIONS OF THE FLAG THAT MUST BE ATTACHED TO THE LOAD; AND TO AMEND SECTION 58-23-50, RELATING TO CERTAIN FORMS OF TRANSPORTATION THAT ARE EXEMPTED FROM PUBLIC SERVICE COMMISSION REGULATIONS, SO AS TO EXEMPT THE TRANSPORTATION OF LOGS FROM COMMISSION REGULATION.

Rep. COOPER explained the Senate amendments and moved to adjourn debate upon the Senate amendments, which was adopted.

H. 3285--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3285 -- Reps. Neilson, Lloyd, G. Brown, Hines, L. Whipper, Breeland, J. Young, Canty, Rice, Felder, Chamblee, Gamble, Keyserling, Robinson, Herdklotz, Davenport, Mason, Thomas and Byrd: A BILL TO

Printed Page 4694 . . . . . Thursday, May 30, 1996
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.

Rep. JENNINGS explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, 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.

H. 3273--DEBATE ADJOURNED

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

H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

Rep. COOPER explained the Senate amendments and moved to adjourn debate upon the Senate amendments, which was adopted.

H. 4614--NON-CONCURRENCE IN SENATE AMENDMENTS

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

H. 4614 -- Reps. Kelley, Easterday, Allison and Moody-Lawrence: A BILL TO AMEND TITLE 7, CHAPTER 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILDREN, SO AS TO ENACT THE CHILDREN'S CODE REFORM ACT OF 1996.

Rep. KELLEY explained the Senate amendments.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

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H. 5028--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 5028 -- Reps. Neilson, Baxley and J. Hines: A BILL TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY.

The Senate amendments were agreed to, and the Bill, 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.

H. 4344--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 4344 -- Reps. Jennings, Inabinett, Allison, Haskins, Harrison, Vaughn, Simrill, Herdklotz, Delleney, Kirsh, Richardson and McElveen: A BILL TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF JUVENILE CASES, SO AS TO DELETE THE CAP ON THE AMOUNT OF RESTITUTION THAT A COURT MAY ORDER A JUVENILE TO PAY, TO PROVIDE THAT THIS AMOUNT IS IN THE COURT'S DISCRETION, AND TO PROVIDE FACTORS TO BE CONSIDERED IN ESTABLISHING THIS AMOUNT.

Rep. LIMBAUGH explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, 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.

H. 4338--SENATE AMENDMENTS

AMENDED AND RETURNED TO THE SENATE

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

H. 4338 -- Reps. Sharpe, Witherspoon, Riser and Seithel: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, AND SECTION 50-11-390, AS AMENDED,

Printed Page 4696 . . . . . Thursday, May 30, 1996
RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES WITH RESPECT TO GAME ZONES, SO AS TO AUTHORIZE SUNDAY HUNTING ON PRIVATE LAND IN GAME ZONES 1, 2, AND 4 UNDER CERTAIN CONDITIONS.

Reps. BOAN and HODGES proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3838DW.96), which was adopted.

Amend the bill, as and if amended, Section 50-11-310(A), SECTION 1, page 1, by striking lines 31 through 33 and inserting:

/proper control of the deer harvest in these games zones; however, in Game Zone 4, on private land only between October 11 and January 1, the department must not establish more than two consecutive days where deer may not be hunted or taken with modern firearms."/

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

MOTION NOTED

Rep. G. BROWN moved to reconsider the vote whereby the House concurred and enrolled H. 3285 and the motion was noted.

Rep. RHOAD moved that the House recede until 2:15 P.M., which was adopted.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

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

H. 4789--NON-CONCURRENCE IN SENATE AMENDMENTS

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

H. 4789 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-949 SO AS TO REQUIRE AN APPLICANT FOR A BUSINESS,

Printed Page 4697 . . . . . Thursday, May 30, 1996
OCCUPATIONAL, PROFESSIONAL, HUNTING, FISHING, OR DRIVER'S LICENSE OR WATERCRAFT REGISTRATION OR FOR RENEWAL OF A LICENSE OR REGISTRATION TO SUBMIT THE APPLICANT'S SOCIAL SECURITY NUMBER TO THE LICENSING ENTITY; TO AMEND SECTION 12-6-3470, RELATING TO EMPLOYER TAX CREDITS FOR EMPLOYING AID TO FAMILIES WITH DEPENDENT CHILDREN RECIPIENTS, SO AS TO REVISE THE CRITERIA FOR OBTAINING THIS CREDIT AND TO PROVIDE THAT UNUSED CREDIT MAY BE CARRIED FORWARD; TO AMEND SUBARTICLE 5, ARTICLE 9, CHAPTER 7, TITLE 20, AS AMENDED, RELATING TO THE UNIFORM INTERSTATE FAMILY SUPPORT ACT, SO AS TO DEFINE "TRIBUNAL" AS NOT ONLY THE FAMILY COURTS OF THIS STATE BUT ALSO THE SUPPORT ENFORCEMENT AGENCY AND TO CHANGE REFERENCES FROM "FAMILY COURT" TO "TRIBUNAL"; TO AMEND SECTIONS 20-7-9505, 20-7-9510, 20-7-9515, 20-7-9520, 20-7-9525, 20-7-9530, 20-7-9540, 20-7-9545, AND 20-7-9560, ALL RELATING TO THE ADMINISTRATIVE PROCESS FOR ESTABLISHING AND ENFORCING PATERNITY AND CHILD SUPPORT, SO AS TO CLARIFY THAT THE "DIRECTOR" OF THE CHILD SUPPORT ENFORCEMENT DIVISION INCLUDES THE DIRECTOR'S DESIGNEES, TO CLARIFY THE NAME OF THE ADMINISTERING AGENCY, TO REVISE AND DELETE OBSOLETE TERMS, TO CLARIFY IN WHICH COUNTY VARIOUS DOCUMENTS MUST BE FILED, AND TO REVISE PROCEDURAL TIME FRAMES; TO AMEND SECTION 43-5-1125, RELATING TO SANCTIONS FOR FAILING TO COMPLY WITH WELFARE AGREEMENTS, SO AS TO CLARIFY THAT AN AFDC RECIPIENT WHO MEETS CERTAIN CRITERIA IS NOT REQUIRED TO COMPLY WITH EMPLOYMENT AND TRAINING PROVISIONS IN THE AGREEMENT; TO AMEND SECTION 43-5-585, RELATING TO THE REPORTING OF CHILD SUPPORT ARREARAGES TO CONSUMER CREDIT REPORTING AGENCIES, SO AS TO PROVIDE THAT INFORMATION MUST BE PROVIDED ON PERSONS WHO ARE IN ARREARS IN AN AMOUNT EQUAL TO TWO MONTHS' SUPPORT OBLIGATION RATHER THAN ON PERSONS WHO HAVE NOT MADE A PAYMENT FOR TWO CONSECUTIVE MONTHS; TO AMEND SECTION 43-5-1155, RELATING TO ENTREPRENEURIAL DEVELOPMENT, SO AS TO EXPAND THE DEPARTMENT'S AUTHORITY AND A CLIENT'S OPPORTUNITIES UNDER THIS PROGRAM; TO AMEND SECTION 43-5-1170, RELATING TO TIME LIMITATIONS PLACED ON
Printed Page 4698 . . . . . Thursday, May 30, 1996
RECEIVING WELFARE, SO AS TO PROVIDE THAT AN EXEMPTION APPLIES TO A PERSON WHO IS PERMANENTLY AND TOTALLY DISABLED RATHER THAN TO ONE WHO IS TOTALLY OR PERMANENTLY DISABLED; AND TO AMEND SECTION 43-5-1240, RELATING TO TRANSITIONAL MEDICAID AND CHILD CARE, SO AS TO PROVIDE TWO YEARS RATHER THAN ONE YEAR OF TRANSITIONAL CHILD CARE AND MEDICAID TO A PERSON WHO BECAME EMPLOYED AFTER LOSING ELIGIBILITY DUE TO EXCEEDING THE TWENTY-FOUR MONTH TIME LIMIT.

Rep. LIMBAUGH explained the Senate amendments.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

H. 3116--SENATE AMENDMENTS

AMENDED AND RETURNED TO THE SENATE

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

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.

Rep. WITHERSPOON proposed the following Amendment No. 1A (Doc Name P:\amend\DKA\3793SD.96), which was adopted.

Amend the bill, as and if amended, Section 50-21-860(B), page 2, line 15, by deleting /County/ and inserting /and Horry Counties from one hour before legal sunset to one hour after legal sunrise and anytime during the season for hunting waterfowl/.

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.

Printed Page 4699 . . . . . Thursday, May 30, 1996
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

S. 556--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

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.

Rep. CROMER explained the Senate amendments.

The question then recurred to concur or non-concur in Senate amendments.

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

The Senate amendments were agreed to by a division vote of 53 to 8, and the Joint Resolution, 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.

H. 4518--NON-CONCURRENCE IN SENATE AMENDMENTS

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

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

Printed Page 4700 . . . . . Thursday, May 30, 1996
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.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

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