1996 Permanent House Journal Printed Pages 4090-4100 - 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

Page Finder Index

Printed Page 4080, Jan. 9 | Printed Page 4100, May 23

Printed Page 4090 . . . . . Thursday, May 23, 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 3; Nays 0

Those who voted in the affirmative are:

Klauber              Stoddard             Wilder

Total--3

Those who voted in the negative are:

Total--0

So, the veto of the governor was overridden and a message was ordered sent to the Senate accordingly.

S. 1362--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

S. 1362 -- Senator Ryberg: A BILL TO PROHIBIT THE CITY OF AIKEN, BY CONTRACT OR OTHERWISE, FROM REQUIRING PERSONS OUTSIDE THE CITY RECEIVING WATER, SEWER, OR FIRE PROTECTION SERVICES TO REFRAIN FROM OPPOSING ANNEXATION AS A CONDITION OF CONTINUED RECEIPT OF WATER, SEWER, OR FIRE PROTECTION SERVICES, IF THE CITY EXTENDED WATER, SEWER, OR FIRE PROTECTION SERVICES TO THE PERSON PRIOR TO JANUARY 1, 1995, WITHOUT SUCH A REQUIREMENT.

Rep. CLYBURN moved to adjourn debate upon the Bill until Tuesday, May 28.

Rep. R. SMITH moved to table the motion.

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

Yeas 3; Nays 1

Printed Page 4091 . . . . . Thursday, May 23, 1996

Those who voted in the affirmative are:

Mason               Sharpe              Smith, R.

Total--3

Those who voted in the negative are:

Clyburn

Total--1

So, the motion to adjourn debate was tabled.

Rep. STODDARD moved to continue the Bill.

Rep. CLYBURN moved to commit the Bill to the Aiken Delegation.

Rep. R. SMITH moved to table the motion to commit, which was not agreed to.

The question then recurred to the passage of the Bill.

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

Yeas 3; Nays 1

Those who voted in the affirmative are:

Mason                Sharpe               Smith, R.

Total--3

Those who voted in the negative are:

Clyburn

Total--1

So, the Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.

Printed Page 4092 . . . . . Thursday, May 23, 1996

ORDERED TO THIRD READING

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

S. 1416 -- Senator Gregory: A BILL TO AMEND SECTION 7-7-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LANCASTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS AND ADD AN OFFICIAL DOCUMENT DESIGNATION WHICH IS MAINTAINED AND KEPT ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD, AND TO AUTHORIZE THE POLLING PLACES FOR THE PRECINCTS IN LANCASTER COUNTY BE ESTABLISHED BY THE COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION SUBJECT TO THE APPROVAL BY A MAJORITY OF THE LANCASTER COUNTY LEGISLATIVE DELEGATION.

S. 659--DEBATE ADJOURNED

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

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

S. 1152--ORDERED ENROLLED FOR RATIFICATION

The following Bill was taken up.

S. 1152 -- Senator Fair: A BILL TO AMEND SECTION 16-15-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON CERTAIN CHILDREN, SO AS TO REVISE THE AGES OF A VICTIM AND A PERPETRATOR OF THIS OFFENSE.

Reps. SHARPE, H. BROWN, LIMBAUGH and TUCKER, with unanimous consent, proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22914SD.96), which was ruled out of order.

Amend the bill, as and if amended, by adding the following new SECTIONS appropriately numbered to read:

Printed Page 4093 . . . . . Thursday, May 23, 1996

/SECTION . Section 44-95-20 of the 1976 Code, as last amended by Act 289 of 1994, is further amended to read:

"Section 44-95-20. It is unlawful for any a person to smoke, or possess lighted smoking material in any form, in the following public indoor areas except where a smoking area is designated as provided for herein in this chapter:

(1) public schools, including and preschools where routine or regular kindergarten, elementary, or secondary educational classes are held including libraries. except in enclosed Private offices and teacher lounges which are not adjacent to classrooms or libraries are excluded. However, this exclusion does not apply if the offices and lounges are included specifically in a directive by the local school board;

(2) all other indoor facilities providing children's services to the extent that smoking is prohibited in the facility by federal law and all other child day care facilities, as defined in Section 20-7-2700, which are licensed pursuant to Subarticle 11, Article 13, Chapter 7, of Title 20;

(3) health care facilities as defined in Section 44-7-130 of the 1976 Code, except where smoking areas are designated in employee break areas. No section of However, nothing in this chapter shall prohibit prohibits or preclude precludes a health care facility from being smoke free;

(4) government buildings, (except health care facilities as provided for herein) in this section, except that smoking shall may be allowed in enclosed private offices and designated areas of employee break areas; provided that. However, smoking policies in the State Capitol and Legislative Office Buildings shall must be determined by the office of government having control over that its respective area of the buildings. `Government buildings' shall mean means buildings or portions thereof of buildings which are leased or operated under the control of the State or any of its political subdivisions, except those buildings or portions thereof of buildings which are leased to other organizations or corporations;

(5) elevators;

(6) public transportation vehicles, except for taxicabs; and

(7) arenas and auditoriums of public theaters or public performing art centers; except that. However, smoking areas may be designated in foyers, lobbies, or other common areas;, and smoking is permitted as part of a legitimate theatrical performance."

SECTION . The 1976 Code is amended by adding:

"Section 16-17-501. As used in this section and Sections 16-17-502, 16-17-503, and 16-17-504:

Printed Page 4094 . . . . . Thursday, May 23, 1996

(1) `Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.

(2) `Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older.

(3) `Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.

(4) `Sampling' means the distribution of samples to members of the general public in a public place.

(5) `Tobacco product' means a product that contains tobacco and is intended for human consumption.

Section 16-17-502. (A) It is unlawful for a person to distribute a tobacco product sample to a person under the age of eighteen years.

(B) A person engaged in sampling shall demand proof of age from a prospective recipient if an ordinary person would conclude on the basis of appearance that the prospective recipient may be under the age of eighteen years.

(C) A person violating this section is subject to a civil penalty of not less than one hundred dollars. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.

Section 16-17-503. (A) The Director of the Department of Revenue and Taxation shall provide for the enforcement of Section 16-17-500 in a manner that reasonably may be expected to reduce the extent to which tobacco products are sold or distributed to persons under the age of eighteen years and annually shall conduct random, unannounced inspections at locations where tobacco products are sold or distributed to ensure compliance with the section. The department shall designate an enforcement officer to conduct the annual inspections. Penalties collected pursuant to Section 16-17-500 must be used to offset the costs of enforcement.

(B) Persons under the age of eighteen years may be enlisted by the director or his employees or designees to test compliance with Section 6-17-500. However, these persons may be used only if the testing is conducted under the direct supervision of the director or his employees or designees and written parental consent is provided. Other use of persons under the age of eighteen years to test compliance with the section or similar prohibitions is unlawful, and the person responsible for the use is subject to a civil penalty of not less than one hundred dollars.

(C) The director shall provide for the preparation of and submission annually to the Secretary of the United States Department of Health and

Printed Page 4095 . . . . . Thursday, May 23, 1996

Human Services the report required by Section 1926 of the federal Public Health Service Act (42 U.S.C. 300x-26) and otherwise is responsible for ensuring the state's compliance with that provision of federal law and implementing regulations promulgated by the United States Department of Health and Human Services.

Section 16-17-504. (A) Sections 16-17-500, 16-17-502, and 16-17-503 must be implemented in an equitable and uniform manner throughout the State and enforced to ensure the eligibility for and receipt of federal funds or grants the State receives or may receive relating to the sections. To ensure that the sections are enforced equitably and uniformly, a county, or municipality, a department, board, or an agency of a county or municipality, or a political subdivision or agency of the State may not enact laws, ordinances, or rules regulating the sale, use, display, distribution, and promotion of tobacco products other than in governmental buildings as defined in Section 44-95-20(4).

(B) Smoking ordinances in effect before August 1, 1990, are exempt from the requirements of subsection (A)."

SECTION . Act 503 of 1990, the Clean Indoor Air Act of 1990, is designated Chapter 95 of Title 44 of the 1976 Code, entitled the "Clean Indoor Air Act of 1990", and the various sections of that act are designated sections of the 1976 Code as follows:

Section 1. Section 44-95-10;

Section 2. Section 44-95-20;

Section 3. Section 44-95-30;

Section 4. Section 44-95-40;

Section 5. Section 44-95-50;

Section 6. Section 44-95-60./

Amend further, as and if amended, by striking SECTION 2 and inserting:

/SECTION 2. This act takes effect upon approval by the Governor, except Section 16-17-503 of the 1976 Code which takes effect when funds are appropriated by the General Assembly to implement its provisions./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMBAUGH explained the amendment.

POINT OF ORDER

Rep. T. BROWN raised the Point of Order that Amendment No. 1 was out of order as it was not germane.

Rep. LIMBAUGH argued contra the Point.

Printed Page 4096 . . . . . Thursday, May 23, 1996

The SPEAKER stated that under Rule 9.3 that it was not germane in that the Bill dealt with leud acts upon minors and the amendment dealt with smoking and he sustained the Point of Order and ruled the amendment out of order.

The Bill 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.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.

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. 1147 -- Senator Hayes: A BILL TO AMEND SECTION 16-13-425, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN A LEASED OR RENTED VIDEO OR CASSETTE TAPE, SO AS TO PROVIDE THAT NOTICE OF THE EXPIRATION OF THE LEASE OR RENTAL PERIOD MUST BE PROVIDED TO THE LESSOR OR RENTER.

S. 1160 -- Senator Holland: A BILL TO AMEND SECTION 7-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS TO BE FURNISHED BY THE BUREAU OF VITAL STATISTICS, SO AS TO REQUIRE THAT THE BUREAU MUST FURNISH THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION WITH A MONTHLY REPORT OF PERSONS EIGHTEEN YEARS OF AGE OR OLDER WHO HAVE DIED

Printed Page 4097 . . . . . Thursday, May 23, 1996

INSTEAD OF PERSONS WHO ARE TWENTY-ONE YEARS OF AGE OR OLDER; TO AMEND SECTION 7-5-430, RELATING TO REGISTRATION BOOKS FOR GENERAL AND SPECIAL ELECTIONS, SO AS TO PROVIDE THAT A COUNTY BOARD OF REGISTRATION MUST FURNISH THE COUNTY ELECTION COMMISSIONERS WITH ONE REGISTRATION BOOK FOR EACH POLLING PRECINCT; TO AMEND SECTION 7-5-670, RELATING TO USE AND CUSTODY OF REGISTRATION BOOKS, SO AS TO DELETE THE REQUIREMENT THAT REGISTRATION BOOKS BE KEPT IN THE OFFICE OF THE CLERK OF COURT OF A COUNTY; TO AMEND SECTION 7-9-50, RELATING TO MEETINGS OF PARTY CLUBS, SO AS TO PROVIDE THAT THE PRESIDENT OR FIVE MEMBERS MAY CALL ALL SPECIAL MEETINGS OF THE CLUB; TO AMEND SECTION 7-13-35, RELATING TO NOTICE OF GENERAL, SPECIAL, AND PRIMARY ELECTIONS, SO AS TO PROVIDE THAT NOTICE MUST BE PUBLISHED FOR MUNICIPAL ELECTIONS, AND TO FURTHER PROVIDE THAT THE NOTICE MUST STATE WHERE ABSENTEE BALLOTS ARE TO BE COUNTED; TO AMEND SECTION 7-13-45, RELATING TO FILING REQUIREMENTS FOR CANDIDATES, SO AS TO REQUIRE THE COUNTY CHAIRMAN TO DESIGNATE A SPECIFIED PLACE OTHER THAN A PRIVATE RESIDENCE WHERE PERSONS MAY FILE A STATEMENT OF INTENTION OF CANDIDACY; TO AMEND SECTION 7-13-80, RELATING TO THE ORGANIZATION OF THE BOARD OF COMMISSIONERS, MANAGERS, AND CLERKS, SO AS TO PROVIDE THAT THE COUNTY ELECTION COMMISSION MUST APPOINT THE CHAIRMAN OF THE BOARD OF MANAGERS; TO AMEND SECTION 7-13-380, RELATING TO THE REPRINTING OF BALLOTS TO DELETE THE NAME OF A DECEASED OR WITHDRAWN CANDIDATE, SO AS TO PROVIDE THAT A BLANK LABEL COVER THE NAME OF THE DECEASED OR WITHDRAWN CANDIDATE ON VOTING SYSTEMS WHERE POSSIBLE OR APPROPRIATE; TO AMEND SECTION 7-13-740, RELATING TO THE NUMBER AND CONSTRUCTION OF VOTING BOOTHS, SO AS TO DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-820, RELATING TO VOTING BY A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK, SO AS TO PROVIDE THAT THE CHALLENGED VOTE IS A PROVISIONAL VOTE; TO AMEND SECTION 7-13-830, RELATING TO THE PROCEDURE WHEN A VOTER IS CHALLENGED, SO AS TO PROVIDE THAT THE MANAGER MUST EXPLAIN TO THE VOTER THAT A

Printed Page 4098 . . . . . Thursday, May 23, 1996

CHALLENGED VOTE IS PROVISIONAL; TO AMEND SECTION 7-13-860, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER MUST BE CERTIFIED BY THE CANDIDATE OR IN THE CASE OF WATCHERS JOINTLY REPRESENTING ALL CANDIDATES OF A POLITICAL PARTY, BY AN APPROPRIATE PARTY OFFICIAL; TO FURTHER PROVIDE THAT THE SIZE, COLOR OF, AND LETTERING ON BADGES OF POLL WATCHERS MUST MEET CERTAIN SPECIFICATIONS; TO AMEND SECTION 7-13-1700, RELATING TO INSTRUCTION OF MANAGERS AND CLERKS IN THE USE OF MACHINES, SO AS TO DELETE SOME OBSOLETE LANGUAGE; TO AMEND SECTION 7-13-1750, RELATING TO THE PREPARATION OF MACHINES FOR ELECTIONS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE SEAL OF A MACHINE TO BE METAL; TO AMEND SECTION 7-15-10, RELATING TO THE DUTIES OF THE STATE ELECTION COMMISSION, SO AS TO DELETE THE PROVISION ALLOWING CERTAIN PERSONS TO REGISTER BY THE ABSENTEE METHOD; TO AMEND SECTION 7-15-110, RELATING TO PERSONS QUALIFIED TO REGISTER TO VOTE BY THE ABSENTEE METHOD, SO AS TO DELETE REFERENCES TO ABSENTEE REGISTRATION, AND TO PROVIDE THAT CERTAIN PERSONS MAY USE STANDARD 76 OR OTHER SIMILAR FEDERAL GOVERNMENT FORMS; TO AMEND SECTION 7-15-120, RELATING TO REGISTRATION FORMS, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-260, RELATING TO RESPONSIBILITIES OF POLITICAL PARTIES CONDUCTING PRIMARIES, SO AS TO CLARIFY THAT THIS PROVISION APPLIES TO MUNICIPAL PRIMARIES ONLY; TO AMEND SECTION 7-15-320, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO INCLUDE CERTIFIED POLL WATCHERS IN THE LIST OF THOSE PERSONS ELIGIBLE TO VOTE BY ABSENTEE BALLOT; TO AMEND SECTION 7-15-340, RELATING TO THE FORM OF APPLICATION FOR ABSENTEE BALLOT, SO AS TO DELETE THE FORM; TO AMEND SECTION 7-15-360, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-365, RELATING TO BALLOTS AND INSTRUCTIONS FURNISHED BY A COUNTY BOARD OF REGISTRATION, SO AS TO PROVIDE THAT

Printed Page 4099 . . . . . Thursday, May 23, 1996

A BLANK BALLOT MUST BE GIVEN TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-15-370, RELATING TO THE FURNISHING OF ABSENTEE BALLOTS AND ENVELOPES, SO AS TO REQUIRE A COUNTY BOARD OF VOTER REGISTRATION PROVIDE A BLANK BALLOT TO AN ELECTOR WHO REQUESTS AN ABSENTEE BALLOT IF NO ABSENTEE BALLOTS ARE AVAILABLE; TO AMEND SECTION 7-17-30, RELATING TO PROTESTS AND CONTESTS, SO AS TO CLARIFY THAT THE COUNTY BOARDS MUST DECIDE ALL CASES UNDER PROTEST OR CONTEST EXCEPT PRIMARIES AND MUNICIPAL ELECTIONS; AND TO REPEAL SECTIONS 7-11-410, RELATING TO ASSESSMENTS PAYABLE BY CANDIDATES; 7-11-430, RELATING TO AMOUNTS AND PRORATION OF ASSESSMENTS TO BE PAID BY CANDIDATES FOR THE HOUSE OF REPRESENTATIVES; 7-15-130, RELATING TO THE METHOD OF OBTAINING A REGISTRATION FORM; 7-15-140, RELATING TO COMPLETION AND RETURN OF A REGISTRATION FORM; 7-15-150, RELATING TO ENTRIES INTO REGISTRATION BOOKS; 7-15-160, RELATING TO THE VALIDITY AND EFFECT OF REGISTRATION; 7-15-170, RELATING TO PRESERVATION AND DESTRUCTION OF RECORD BOOKS AND REGISTRATION FORMS; 7-15-180, RELATING TO VERIFICATION OF REGISTRATION UPON REQUEST FOR AN ABSENTEE BALLOT; 7-15-190, RELATING TO THE FURNISHING OF NAMES OF REGISTERED VOTERS REQUESTING ABSENTEE BALLOTS; 7-15-240, RELATING TO ABSENTEE BALLOTS IN PRIMARY AND SPECIAL ELECTIONS; 7-15-250, RELATING TO DUTIES OF COUNTY COMMITTEES IN CONDUCTING PRIMARY ELECTIONS; AND 7-15-350, RELATING TO VERIFICATION OF REGISTRATION.

S. 1366 -- Senator Holland: A BILL TO AMEND SECTION 58-23-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CERTAIN MOTOR VEHICLE CARRIER LAWS, SO AS TO PROVIDE THAT CORPORATE OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A PASSENGER CARRIER WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO SPECIFIED PENALTIES FOR VIOLATION, AND TO PROVIDE THAT CORPORATE

Printed Page 4100 . . . . . Thursday, May 23, 1996

OFFICERS, AGENTS, OR EMPLOYEES OR OTHER PERSONS OPERATING AS A CARRIER OF HOUSEHOLD GOODS OR AS A CARRIER OF HAZARDOUS WASTE FOR DISPOSAL WHO VIOLATE OR WHO AID AND ABET IN THE VIOLATION OF CERTIFICATION AND REGISTRATION REQUIREMENTS ARE GUILTY OF A MISDEMEANOR AND ARE SUBJECT TO OTHER SPECIFIED PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 15-9-340 OF THE 1976 CODE RELATING TO SERVICE OF PROCESS ON MOTOR VEHICLE CARRIERS.

Printed Page 4080, Jan. 9 | Printed Page 4100, May 23

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