1996 Permanent House Journal Printed Pages 1701-1709 - South Carolina Legislature Online

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 1690, Mar. 27 | Printed Page 1710, Mar. 27

Printed Page 1701 . . . . . Wednesday, March 27, 1996

S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

Referred to Committee on Judiciary.

S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND

Printed Page 1702 . . . . . Wednesday, March 27, 1996

RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO

Printed Page 1703 . . . . . Wednesday, March 27, 1996

AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.

Referred to Committee on Judiciary.

S. 1285 -- Senators McGill, Land and Greg Smith: A BILL TO AMEND SECTION 50-11-2415, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CERTAIN RUBBER PADDED STEEL FOOT-HOLD TRAPS TO CAPTURE FOX, SO AS TO PROHIBIT THE TRAPPING OF GRAY FOXES IN GAME ZONE NINE THROUGH THE USE OF NUMBER TWO OR SMALLER RUBBER PADDED FOOT-HOLD TRAPS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

CONCURRENT RESOLUTION

The following was introduced:

H. 4832 -- Rep. Tucker: A CONCURRENT RESOLUTION TO CONGRATULATE JOEL A. SMITH III, OF COLUMBIA, PRESIDENT OF NATIONSBANK, N.A. (CAROLINAS), UPON BEING NAMED 1996 AMBASSADOR OF THE YEAR BY THE GREATER COLUMBIA CHAMBER OF COMMERCE.

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

ROLL CALL

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

Anderson             Askins               Bailey
Baxley               Brown, G.            Brown, H.
Brown, J.            Brown, T.            Byrd
Cain                 Canty                Carnell
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday

Printed Page 1704 . . . . . Wednesday, March 27, 1996

Fleming              Fulmer               Gamble
Govan                Hallman              Harrell
Harris, J.           Harris, P.           Harrison
Haskins              Herdklotz            Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jaskwhich
Keegan               Kelley               Kennedy
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               Marchbanks
Mason                McAbee               McCraw
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Scott                Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Thomas               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          Whipper, S.
White                Wilder               Wilkins
Williams             Wofford              Worley
Wright               Young-Brickell       

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, March 27.
Floyd Breeland                     Timothy C. Wilkes
Merita A. Allison                  Lynn Seithel
Larry L. Elliott                   William D. Witherspoon
John G. Felder                     L. Morgan Martin
Douglas Jennings, Jr.              William D. Boan

Total Present--120

Printed Page 1705 . . . . . Wednesday, March 27, 1996

LEAVE OF ABSENCE

The SPEAKER granted Rep. BREELAND a leave of absence.

STATEMENT OF ATTENDANCE

Rep. WILDER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 14.

DOCTOR OF THE DAY

Announcement was made that Dr. Daniel W. Brake of Charleston is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. MASON, on behalf of the Aiken Delegation, presented to the House the South Aiken High School Girls Varsity Tennis Team, winners of the 1995 Class AAAA State Championship, their coaches and other school officials.

R. 259; S. 804--GOVERNOR'S VETO SUSTAINED

The following was received.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

March 6, 1996
Dear Mr. President and Members of the Senate:

I am hereby returning without my approval S. 804, R. 259, an Act:

TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

This veto is based upon my belief that S. 804, R. 259 of 1996, is unconstitutional. It is clearly an act for a specific county. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."

For the above reason, I am vetoing S. 804, R. 259.

Sincerely,
David M. Beasley

Printed Page 1706 . . . . . Wednesday, March 27, 1996

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 0; Nays 5

Those who voted in the affirmative are:

Total--0

Those who voted in the negative are:

Bailey               Cobb-Hunter          Harrell
Hutson               Young-Brickell

Total--5

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

H. 4761--OBJECTIONS

Debate was resumed on the following Bill, the pending question being the consideration of the Bill, immediate cloture having been ordered.

H. 4761 -- Reps. Gamble, Koon, Knotts, Riser, Spearman and Wright: A BILL TO PROHIBIT, UNDER CERTAIN CONDITIONS, A SERVICE CHARGE, TAX, OR BUSINESS LICENSE FEE IMPOSED IN ANY AREA OF LEXINGTON COUNTY THAT HAS BEEN ANNEXED BY A MUNICIPALITY AND TO PROVIDE EXCEPTIONS.

Rep. ROGERS moved to adjourn debate upon the Bill until Wednesday, April 3 and demanded the yeas and nays, which were taken resulting as follows:

Yeas 26; Nays 32

Those who voted in the affirmative are:

Anderson             Byrd                 Carnell
Cobb-Hunter          Cromer               Harris, P.
Harrison             Hines, J.            Hines, M.
Hodges               Inabinett            Kennedy
Keyserling           Kinon                Lee
Lloyd                McTeer               Neal
Richardson           Rogers               Scott

Printed Page 1707 . . . . . Wednesday, March 27, 1996

Shissias             Stille               Tucker
Whipper, S.          Williams

Total--26

Those who voted in the negative are:

Askins               Bailey               Cain
Cotty                Davenport            Gamble
Haskins              Keegan               Kelley
Klauber              Knotts               Koon
Limehouse            Littlejohn           Loftis
Mason                Quinn                Riser
Sandifer             Seithel              Sharpe
Simrill              Smith, D.            Smith, R.
Spearman             Stuart               Tripp
Walker               Wells                Whatley
Wilkins              Wright

Total--32

So, the House refused to adjourn debate.

Reps. GAMBLE, RISER, WRIGHT, SPEARMAN and TRIPP objected to the Bill.

H. 4808--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted.

H. 4808 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2025 SO AS TO PROVIDE THAT THE BOARD OF DIRECTORS OF THE SPARTANBURG COUNTY REGIONAL MEDICAL CENTER MUST BE APPOINTED BY A MAJORITY OF THE LEGISLATIVE DELEGATION REPRESENTING THE AREA THE CENTER SERVES.

Printed Page 1708 . . . . . Wednesday, March 27, 1996

H. 4809--DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Tuesday, April 9, which was adopted.

H. 4809 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-2027 SO AS TO REQUIRE THE BOARD OF DIRECTORS OF THE SPARTANBURG REGIONAL MEDICAL CENTER TO OBTAIN THE APPROVAL OF THE MEMBERS OF THE LEGISLATIVE DELEGATION REPRESENTING THE CENTER'S SERVICE AREA BEFORE THE DIRECTORS MAY MERGE WITH, OR SELL OR LEASE ITS FACILITIES TO A FOR PROFIT CORPORATION.

ORDERED TO THIRD READING

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

S. 1273 -- Senators Rose, McConnell and Mescher: A BILL TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.

S. 1274 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO ESTABLISH A UNIFORM FILING PERIOD FOR CANDIDATES FOR TRUSTEES TO THE SCHOOL BOARDS IN YORK COUNTY SCHOOL DISTRICTS 1, 2, 3, AND 4.

H. 4480--DEBATE ADJOURNED

The following Bill was taken up.

H. 4480 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1767, SO AS TO AUTHORIZE THE RUNNING OF COYOTES WITH DOGS FOR PURPOSES OF TRAINING THE DOGS IN A PRIVATE ENCLOSED FOX-HUNTING-DOG-TRAINING FACILITY.

Printed Page 1709 . . . . . Wednesday, March 27, 1996

The Agriculture, Natural Resources & Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3608DW.96).

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. Section 50-11-1760 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 50-11-1760. (A) It is unlawful to bring a coyote into the State in any manner, except one brought into the State and kept in captivity for exhibition purposes, or to release a coyote within the State. Any violation of this section is punishable by imprisonment for not more less than one year or and by a fine of not exceeding less than five hundred thousand dollars.

(B) It is lawful for any a person to trap or kill any a coyote in this State at any time, but a permit must be obtained from the department before trapping coyotes outside the trap distance limits as prescribed in Section 50-11-2410."/

Renumber sections to conform.

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

Rep. TUCKER moved to adjourn debate upon the Bill until Thursday, March 28, which was adopted.

H. 4608--DEBATE ADJOURNED

Rep. SHARPE moved to adjourn debate upon the following Bill until Wednesday, April 3, which was adopted.

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.

Printed Page 1690, Mar. 27 | Printed Page 1710, Mar. 27

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