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 1500, Mar. 20 | Printed Page 1520, Mar. 20 |

Printed Page 1510 . . . . . Wednesday, March 20, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4787 -- Reps. Seithel, Whatley, Dantzler, Limehouse, Harrell, L. Whipper, Breeland, Inabinett, Hallman, Fulmer, Hutson and S. Whipper: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. THOMAS R. JOHNSON, SR., VETERANS AFFAIRS OFFICER FOR CHARLESTON COUNTY, WHO HAS PROVIDED OUTSTANDING SERVICE TO VETERANS AND BENEFICIARIES OF VETERANS IN HIS SERVICE AREA AND FOR THE MANY OTHER CONTRIBUTIONS HE HAS MADE IN THIS CAPACITY WHICH HE HAS HELD FOR THE PAST THIRTY YEARS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 4788 -- Reps. Tripp and Cato: A BILL TO AMEND SECTIONS 40-45-20, 40-45-200, AS AMENDED, AND SECTION 40-45-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE PRACTICE OF PHYSICAL THERAPY, SO AS TO DELETE PROVISIONS REQUIRING SUCH PRACTICE ONLY UPON THE PRESCRIPTION OF A DOCTOR OF MEDICINE OR DENTISTRY AND TO INCLUDE AS A GROUND FOR REFUSING TO LICENSE OR FOR DISCIPLINARY ACTION A PERSON WHO HAS PRACTICED PHYSICAL THERAPY BEYOND THE SCOPE OF PRACTICE.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

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 1511 . . . . . Wednesday, March 20, 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 1512 . . . . . Wednesday, March 20, 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.

Referred to Committee on Judiciary.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. D. SMITH.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SHEHEEN a leave of absence.

H. 3194--CONTINUED

The following Bill was taken up.

H. 3194 -- Rep. Hodges: 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 MEMBERS OF THE ARMED FORCES AND MERCHANT MARINE 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


Printed Page 1513 . . . . . Wednesday, March 20, 1996

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.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2251DW.96).

Amend the bill, as and if amended, SECTION 4, page 8, line 21, by inserting after /election/ / and a place to request an absentee runoff ballot, if necessary /.

When amended, SECTION 4 shall read:

/SECTION 4. Section 7-15-340 of the 1976 Code, as last amended by Act 365 of 1994, is further amended to read:


Printed Page 1514 . . . . . Wednesday, March 20, 1996

"Section 7-15-340. The application required in Section 7-15-330 to be submitted to such the election officials must be in the following form; except that persons listed in Section 7-15-320(2), (3), (6), and (10) may use Standard Form 76, or any subsequent form replacing it, provided by the federal government as a simultaneous request for registration and an absentee ballot or a request for an absentee ballot if already registered.

APPLICATION FOR ABSENTEE BALLOT TO THE BOARD OF VOTER REGISTRATION: ________ COUNTY

I hereby apply for an absentee ballot and request that I be permitted to vote in the election to be held on the ____ day of ________ 19__.

(If you will also be absent for any subsequent runoff election which is held two weeks after the initial election and wish for an absentee ballot for the runoff to be sent to your absentee address, check here: [])

(If a ballot is requested for a primary election, print your political party preference in this space ________.)

I am a qualified elector and am registered to vote in the ________ precinct and ________ State House of Representatives District (if known). My registration certificate number is ________.

My full name is ________________.

Please Print

I hereby swear or affirm, UNDER PENALTY OF LAW, that I will be absent from my county of residence on election day during the hours the polls are open or unable to appear at the polling place because of physical disability, employment obligations requiring that I be at my place of employment in my county of residence during the hours the polls are open, responsibilities as a poll manager, county registration board member or staff, or county election commission member or staff, and that I am eligible to vote by absentee ballot under one of the following categories:

(CHECK APPROPRIATE BOX)

[] 1. Students, their spouses, and dependents residing with them. (The term `students' shall mean all persons residing outside of the counties of their respective residences, enrolled in an institution of learning).

[] 2. Armed Forces, Merchant Marine, their spouses, and dependents residing with them.

[] 3. 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.

[] 4. Employment. (The term `employment' means those persons who by virtue of their employment obligations will be absent from their county of residence on election day during the hours the polls are open


Printed Page 1515 . . . . . Wednesday, March 20, 1996

and who will be unable to vote in person, or those persons who are required by their employment obligations to be at their place of employment in their county of residence during the entire hours that the polls are open and will be unable to vote in person; and further, must present written certification of such obligations, signed by their employer, to the county registration board).

[] 5. Physically disabled person. (The term `physically disabled person' means a person who because of injury or illness, cannot be present in person at his voting place on election day whether physically present inside or outside his county of residence).

[] 6. Governmental employees, their spouses, and dependents residing with them, who are out of their county of residence on election day during the hours the polls are open.

[] 7. Death in family, or attending funeral within a three-day period of election.

[] 8. Persons on vacation (who by virtue of vacation plans will be absent from their county of residence and unable to vote in person).

[] 9. Poll managers and county voter registration board members and staff, and county election commission members and staff working on election day. (Persons in this category are entitled to vote by absentee ballot whether physically present inside or outside of their county of residence on election day during the hours the polls are open).

[] 10. Overseas citizens.

[] 11. Persons attending sick or physically disabled persons.

[] 12. Persons admitted to hospitals as emergency patients on the day of an election or within a four-day period before the election.

[] 13. Persons who will be serving as jurors in a state or federal court on election day.

[] 14. Persons seventy-two years of age or older.

[] 15. Persons confined to a jail or pre-trial facility pending disposition of arrest or trial.

My home address in South Carolina as shown on my registration certificate is:
_____________________________________
_____________________________________

My absentee mailing address (address to which absentee ballot should be mailed) is:
_____________________________________
_____________________________________
_____________________________________


Printed Page 1516 . . . . . Wednesday, March 20, 1996

Signature
_________________________________________

Social Security or Identification Number. on a form prescribed and provided by the executive director and shall contain the following information: name, social security number or identification number, residence address, absentee mailing address if different, telephone number of the applicant, voter registration number, precinct registered in. The form must provide a place to indicate political party preference if the ballot requested is for a primary election and a place to request an absentee runoff ballot, if necessary. Additionally, the applicant must take the following oath:

I hereby swear or affirm, UNDER PENALTY OF LAW, that I am qualified to vote in this election according to the Constitution of the State of South Carolina. I further swear or affirm that I have not voted during this election and that the above information supplied by me is true and correct in all aspects.

Signature
19 .

Date" /

Renumber sections to conform.

Amend totals and title to conform.

Rep. CROMER explained the amendment.

Rep. KIRSH moved to continue the Bill.

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 35

Those who voted in the affirmative are:

Allison              Askins               Brown, G.
Brown, H.            Cain                 Cato
Dantzler             Davenport            Delleney
Felder               Fleming              Fulmer
Gamble               Harrell              Harris, J.
Haskins              Herdklotz            Keegan
Kinon                Kirsh                Klauber
Knotts               Koon                 Lanford
Law                  Lee                  Limbaugh

Printed Page 1517 . . . . . Wednesday, March 20, 1996

Limehouse            Loftis               Marchbanks
Mason                McCraw               McKay
Meacham              Phillips             Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Seithel
Sharpe               Simrill              Smith, D.
Smith, R.            Spearman             Stoddard
Stuart               Thomas               Tripp
Trotter              Vaughn               Waldrop
Walker               Wells                Whatley
Wilkins              Witherspoon          Wofford
Worley               Young                Young-Brickell

Total--63

Those who voted in the negative are:

Anderson             Boan                 Breeland
Brown, J.            Byrd                 Cave
Clyburn              Cobb-Hunter          Cromer
Elliott              Harris, P.           Harrison
Hines, M.            Hodges               Howard
Inabinett            Jaskwhich            Keyserling
Lloyd                McAbee               McElveen
McMahand             McTeer               Moody-Lawrence
Neal                 Neilson              Rogers
Scott                Shissias             Whipper, L.
Whipper, S.          White                Wilder
Wilkes               Williams             

Total--35

So, the Bill was continued.

RECURRENCE TO THE MORNING HOUR

Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.


Printed Page 1518 . . . . . Wednesday, March 20, 1996

INTRODUCTION OF BILLS

The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committee:

H. 4790 -- Labor, Commerce and Industry Committee: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS, BY ADDING CHAPTER 25 SO AS TO ENACT THE "SOUTH CAROLINA BANKING AND BRANCHING EFFICIENCY ACT OF 1996" WHICH PROVIDES THE PROCEDURES AND CONDITIONS UNDER WHICH ACQUISITIONS OF SOUTH CAROLINA BANKS AND SOUTH CAROLINA BANK HOLDING COMPANIES MAY BE EFFECTED, UNDER WHICH SOUTH CAROLINA BANKS MAY ENTER INTO INTERSTATE MERGER TRANSACTIONS WITH OUT-OF-STATE BANKS, UNDER WHICH THE OUT-OF-STATE BANKS RESULTING FROM SUCH TRANSACTIONS MAY OPERATE AND MAINTAIN BRANCHES IN THIS STATE, AND UNDER WHICH SOUTH CAROLINA STATE BANKS MAY OPERATE BRANCHES OUTSIDE THIS STATE; TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS; AND TO REPEAL CHAPTER 24 OF TITLE 34, RELATING TO SOUTH CAROLINA BANK HOLDING COMPANY ACT.

Without reference.

H. 4791 -- Reps. Walker, Littlejohn, Allison, Cato, Davenport, Wells, D. Smith, Lee, Lanford and Phillips: A JOINT RESOLUTION TO PROVIDE THAT CERTAIN SCHOOL DAYS MISSED BY STUDENTS OF SPECIFIED SCHOOL DISTRICTS IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1995-96 WHEN THE SCHOOLS WERE CLOSED DUE TO WEATHER OR OTHER CONDITIONS ARE 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. On motion of Rep. WALKER, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

HOUSE STANDS AT EASE

The House stood at ease until the Joint Assembly.

THE HOUSE RESUMES

At 11:59 A.M. the House resumed, the SPEAKER in the Chair.


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JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ADDRESS BY THE

NATIONAL COMMANDER OF THE AMERICAN LEGION

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4446 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE DANIEL A. LUDWIG OF MINNESOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 20, 1996.

The Honorable Daniel A. Ludwig and distinguished party were escorted to the rostrum by Senators Patterson, Drummond, Peeler and Hayes and Representatives J. HINES, HUTSON, KNOTTS and RHOAD.

The Lt. Governor recognized our special guests here today and then introduced Mr. Daniel A. Ludwig, the National Commander of the American Legion, who addressed the Joint Assembly as follows:

"Thank you, Lieutenant Governor Peeler, Mr. Speaker Wilkins, distinguished members of the South Carolina Legislature... and Ladies and Gentlemen. It's a great honor for me to speak to this distinguished body today. As National Commander of The American Legion, I can honestly tell you we are very grateful for the regard which you have for our organization. We are equally grateful for your annual invitation to appear before you and bring you up to date on some of our current concerns. Before I talk about those concerns, I'd like to recognize some individuals and groups who have come with me, or who are present today. I expect that you already know most of them. First, please greet the National President of the nation's largest patriotic women's organization, The American Legion Auxiliary, Mrs. Syble Deshotel of Lake Charles, Louisiana. Also, the Auxiliary president of South Carolina, Virginia Lown, of Columbia. You are most gracious in inviting another patriotic women's organization on this occasion each year the American Gold Star Mothers. We are all honored by the presence of these dedicated women


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