1996 Permanent House Journal Printed Pages 4370-4380 - 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 4360, May 28 | Printed Page 4380, May 28

Printed Page 4370 . . . . . Tuesday, May 28, 1996

So, the Joint Resolution, having received the necessary two-thirds vote, was passed, read the third time 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.

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RECORD FOR NOT VOTING

I refused to vote on S. 1213 because this clearly violates the 10th Amendment of the United States Constitution.

Rep. DANIEL T. COOPER

S. 1216--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

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 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

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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 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.

Rep. SPEARMAN, with unanimous consent, proposed the following Amendment No. 2 (Doc Name P:\amend\PT\2579DW.96), which was adopted.

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

/SECTION . The 1976 Code is amended by adding:

"Section 7-13-75. No appointed member of a county election commission, county board of registration, or a combination board or commission of a county election commission and a county board of

Printed Page 4373 . . . . . Tuesday, May 28, 1996

registration may be employed by the commission or board of which he is a member."/

Renumber sections to conform.

Amend title to conform.

Rep. SPEARMAN explained the amendment.

The amendment was then adopted.

The yeas and nays were taken on the passage of the Bill, as amended, on third reading, resulting as follows:

Yeas 95; Nays 2

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Baxley               Beck
Boan                 Breeland             Brown, G.
Brown, H.            Brown, J.            Byrd
Cain                 Canty                Carnell
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cotty
Cromer               Davenport            Delleney
Easterday            Felder               Fleming
Fulmer               Gamble               Govan
Hallman              Harris, J.           Harris, P.
Harvin               Hines, J.            Hines, M.
Hodges               Howard               Inabinett
Jennings             Kelley               Keyserling
Kinon                Kirsh                Klauber
Knotts               Koon                 Lanford
Lee                  Littlejohn           Lloyd
Loftis               Mason                McAbee
McElveen             McKay                McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Neilson              Rhoad
Rice                 Richardson           Riser
Robinson             Rogers               Sandifer
Scott                Sharpe               Sheheen
Shissias             Simrill              Smith, D.
Smith, R.            Spearman             Stoddard
Stuart               Townsend             Trotter
Tucker               Vaughn               Waldrop

Printed Page 4374 . . . . . Tuesday, May 28, 1996

Walker               Wells                Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford              Wright
Young                Young-Brickell

Total--95

Those who voted in the negative are:

McCraw               Phillips

Total--2

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

RECORD FOR NOT VOTING

I refused to vote on S. 1216 because this clearly violates the 10th Amendment of the U.S. Constitution.

Rep. DANIEL T. COOPER

H. 5025--ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5025 -- Reps. McAbee, P. Harris and Carnell: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 81 FROM ANDERSON TO INTERSTATE 85 IN HONOR OF OUR DISTINGUISHED FRIEND AND COLLEAGUE, REPRESENTATIVE JOHN W. TUCKER, JR., OF ANDERSON.

Whereas, the members of the General Assembly note that their friend and colleague, John W. Tucker, Jr., representing House District 6 in Anderson County, has chosen not to seek reelection this year; and

Whereas, since his election to the House of Representatives in 1984, he has served the people of the 6th district with great distinction and singular energy, working on their behalf and in behalf of all citizens of South Carolina as he has so effectively moved through the corridors of power; and

Whereas, the career of this legislator is an exemplar of the high calling of public service and a benchmark for those who continue to serve and who in the future will take up the burden of office; and

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Whereas, it is appropriate that the portion of South Carolina Highway 81 from the City of Anderson continuing to Interstate 85 be named "John W. Tucker, Jr. Highway" as a continuing tribute to his years of labor on behalf of the citizens of the district. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly request that the Department of Transportation designate that portion of United States Highway 81 in Anderson County described in this resolution as "John W. Tucker, Jr. Highway" and install appropriate markers or signs at places along the highway as the department considers advisable containing the words "John W. Tucker, Jr. Highway".

Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and Representative Tucker.

Rep. CHAMBLEE moved to adjourn debate upon the Concurrent Resolution until Thursday, June 6.

Rep. D. SMITH moved to table the motion, which was agreed to.

Rep. COOPER proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22930SD.96), which was tabled.

Amend the resolution, as and if amended, by adding at the end thereof the following new paragraph to read:

/Be it further resolved that the members of the General Assembly request the Department of Transportation to name appropriate sections of state highways for each member of the General Assembly who has announced his or her retirement from the General Assembly in 1996./

Renumber sections to conform.

Amend totals and title to conform.

Rep. D. SMITH moved to table the amendment, which was agreed to.

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

H. 5055--AMENDED, ADOPTED AND SENT TO THE SENATE

The following Concurrent Resolution was taken up.

H. 5055 -- Reps. Davenport, Mason, J. Hines, Rice, G. Brown, Meacham, Cato, J. Young, Walker, Wofford, McCraw, Klauber, H. Brown, Kelley, Young-Brickell, R. Smith, Dantzler, Wilkins, Hutson, Knotts, Wright, Riser, Cain, Robinson, Littlejohn, Delleney, Allison, Wells, Limbaugh, Richardson, Rhoad, Harvin, Lloyd, Waldrop, Whatley,

Printed Page 4376 . . . . . Tuesday, May 28, 1996

Sandifer, Easterday, Wilder, Lanford, Loftis, Witherspoon, Koon, Gamble, Boan and Keegan: A CONCURRENT RESOLUTION TO RECOGNIZE THE TRADITIONAL FAMILY UNIT AS THE CORNERSTONE FOR FAMILY LIFE IN SOUTH CAROLINA AND TO RELY UPON THE TRADITIONAL FAMILY UNIT IN SHAPING PUBLIC POLICY IN THE STATE.

Amend Title To Conform

Whereas, the members of the General Assembly find it is important to support and endorse the standards of the traditional family unit; and

Whereas, the State of South Carolina should promote the health, safety, and welfare of the people of this State; and

Whereas, the members of the General Assembly believe they should promote public policy which preserves traditional family values and protects present and future generations; and

Whereas, the members of the General Assembly find that the traditional family unit offers the best structure for future generations and the best support for older generations and should be the basis for all public policy affecting families and family life in this State. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly, by this resolution, recognize the traditional family unit as the cornerstone for family life in South Carolina and shall rely upon all existing state laws to protect the traditional family unit in shaping public policy in the State.

Reps. QUINN and DAVENPORT proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3795SD.96), which was adopted.

Amend the concurrent resolution, as and if amended, page 1, by inserting after /upon/ on line 37:

/ all existing state laws to protect /

Amend title to conform.

Rep. DAVENPORT explained the amendment.

The amendment was then adopted.

The question then recurred to the adoption of the Resolution.

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

Yeas 89; Nays 0

Printed Page 4377 . . . . . Tuesday, May 28, 1996

Those who voted in the affirmative are:

Allison             Askins              Bailey
Baxley              Beck                Brown, G.
Brown, H.           Brown, J.           Cain
Cato                Cave                Cooper
Cotty               Dantzler            Davenport
Delleney            Easterday           Felder
Fleming             Fulmer              Gamble
Hallman             Harrell             Harris, J.
Harris, P.          Harvin              Hines, J.
Hines, M.           Hodges              Hutson
Inabinett           Kelley              Keyserling
Kinon               Kirsh               Klauber
Knotts              Koon                Lanford
Law                 Limbaugh            Limehouse
Littlejohn          Loftis              Mason
McAbee              McCraw              McElveen
McKay               McTeer              Meacham
Moody-Lawrence      Neilson             Phillips
Quinn               Rhoad               Rice
Richardson          Riser               Robinson
Sandifer            Seithel             Sheheen
Shissias            Simrill             Smith, D.
Smith, R.           Spearman            Stille
Stoddard            Stuart              Townsend
Tripp               Tucker              Vaughn
Waldrop             Walker              Wells
Whatley             White               Wilder
Wilkes              Wilkins             Williams
Witherspoon         Wofford             Wright
Young               Young-Brickell

Total--89

Those who voted in the negative are:

Total--0

So, the Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

Printed Page 4378 . . . . . Tuesday, May 28, 1996

MOTION PERIOD

The motion period was dispensed with on motion of Rep. KLAUBER.

H. 3663--CONFERENCE REPORT ADOPTED

CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 22, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

H. 3663 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2345 SO AS TO CREATE AN ANTIQUE MOTOR VEHICLE DEALER LICENSE PLATE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. The 1976 Code is amended by adding:

"Section 56-3-2345. (A) Upon application being made and the required fee being paid to the department, the department may issue antique dealer license plates to a licensed motor vehicle dealer. The license plates, notwithstanding other provisions of this chapter to the contrary, may be used exclusively on antique motor vehicles owned by, assigned, or loaned for test driving purposes to the dealer when operated on the highways of this State by the dealer, its corporate officers, its employees, or a prospective purchaser of the antique motor vehicle. The use by a prospective purchaser is limited to seven days, and the dealer shall provide the prospective purchaser with a dated demonstration certificate. The certificate must be approved by the department. Antique dealer plates must not be used to operate wreckers or service vehicles in use by the dealer nor to operate vehicles owned by the dealer that are leased or rented by the public. No antique dealer plates may be issued by the department unless the dealer furnishes proof in a form acceptable to the department that he has a retail business license as required by Chapter 36 of Title 12 and has made at least five sales of antique motor vehicles in the twelve months preceding his application for a dealer plate. The sales requirement may be waived by the department if the dealer has been licensed for less than one year. For purposes of this section, the transfer of ownership of an antique motor vehicle between the same individual or corporation more than one time is considered as only one sale. Multiple transfer of antique motor vehicles between licensed dealers for the purpose of meeting

Printed Page 4379 . . . . . Tuesday, May 28, 1996

eligibility requirements for antique motor vehicle dealer plates is prohibited.

(B) For good cause shown, the department may issue extra plates. If a dealer has been licensed less than one year, the department shall issue a number of license plates based on an estimated number of sales for the coming year. The department may increase or decrease the number of plates issued based on actual sales made.

(D) For purposes of this section, `antique motor vehicle' means a motor vehicle which is over thirty years old."

SECTION 2. This act takes effect upon approval by the Governor./

/s/The Honorable Herbert Kirsh /s/Senator Warren K. Giese
/s/The Honorable J. Gary Simrill /s/Senator Kay Patterson
/s/The Honorable Daniel T. Cooper /s/Senator Glenn G. Reese

On Part of the House.On Part of the Senate.

Rep. KIRSH explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 119--DEBATE ADJOURNED

Rep. FELDER moved to adjourn debate upon the following Bill until Wednesday, May 29, which was adopted.

S. 119 -- Senator Rose: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 54 SO AS TO CREATE THE SOUTH CAROLINA DRUG IMPAIRED INFANTS ACT, TO AMEND SECTION 20-7-290, RELATING TO THE RENDERING OF HEALTH SERVICES TO MINORS WITHOUT PARENTAL CONSENT, SO AS TO PROVIDE THAT A PHYSICIAN PROVIDING CARE FOR A NEWBORN CHILD MAY ORDER TESTING FOR ALCOHOL AND OTHER DRUGS WITHOUT THE CONSENT OF PARENTS UNDER CERTAIN CIRCUMSTANCES, TO AMEND SECTION 20-7-510, RELATING TO THE REQUIREMENT THAT CERTAIN PERSONS REPORT INSTANCES OF CHILD ABUSE OR NEGLECT, SO AS TO ADD SUBSECTION (D) TO PROVIDE THE CIRCUMSTANCES UNDER WHICH PERSONS ARE REQUIRED TO REPORT POSITIVE RESULTS OF DRUG OR ALCOHOL TESTING PERFORMED ON A NEWBORN, TO AMEND SECTION 44-7-260, RELATING TO HOSPITALS, ETC. AND REQUIREMENTS FOR

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LICENSURE, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT NO FACILITY OR SERVICE THAT PROVIDES DIAGNOSTIC TREATMENT OR REHABILITATIVE SERVICES RELATED TO ALCOHOL OR OTHER DRUGS MAY REFUSE TO PROVIDE THESE SERVICES TO A WOMAN SOLELY BECAUSE THE WOMAN IS PREGNANT, TO AMEND SECTION 44-49-40, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL CONCERNING NARCOTICS AND CONTROLLED SUBSTANCES, SO AS TO COORDINATE SERVICES OF THE DEPARTMENT RELATING TO PRENATAL SUBSTANCE ABUSE, TO AMEND SECTION 44-53-140, RELATING TO THE ALCOHOL AND DRUG ABUSE COMMITMENT, SO AS TO PROVIDE THAT EVIDENCE OBTAINED IN THE ADMINISTERING OF HEALTH CARE MAY NOT BE USED AGAINST THE PERSON SEEKING TREATMENT IN ANY PROCEEDING EXCEPT PROCEEDINGS INITIATED BY THE DEPARTMENT OF SOCIAL SERVICES, AND TO AMEND SECTIONS 59-32-20 AND 59-32-30, RELATING TO EDUCATION, SO AS TO PROVIDE FOR THE DEVELOPMENT AND INCLUSION OF APPROPRIATE DRUG EDUCATION CURRICULA CONCERNING THE EFFECTS OF ALCOHOL AND DRUG ABUSE.

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