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 910, Feb. 22 | Printed Page 930, Feb. 22 |
Printed Page 920 . . . . . Thursday, February 22, 1996
STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, February 22.
Alfred B. Robinson, Jr.           Heyward G. Hutson
Larry L. Elliott                  Ronald P. Townsend
William F. Cotty                  Harry R. Askins
Richard M. Quinn, Jr.             Daniel L. Tripp
Grady A. Brown                    Joseph H. Neal
Jackson S. Whipper                Alma W. Byrd
John G. Felder                    Denny W. Neilson
Douglas E. McTeer, Jr.            Gilda Cobb-Hunter
Ronald C. Fulmer                  Lynn Seithel
Larry L. Koon                     F.G. Delleney, Jr.
C. Alex Harvin III                Ralph W. Canty
Joseph T. McElveen, Jr.           William D. Boan

Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. BOAN a temporary leave of absence for the day due to family illness.

The SPEAKER granted Rep. KENNEDY a leave of absence for the day due to the death of his mother.

The SPEAKER granted Rep. STODDARD a leave of absence for the remainder of the day.

DOCTOR OF THE DAY

Announcement was made that Dr. Bob Cutting of Aiken is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Rep. SPEARMAN, on behalf of the Lexington Delegation presented to the House the Batesburg-Leesville High School Football Team, winners of the 1995 Class AA State Championship, their coaches and other school officials.

MOTION ADOPTED

Rep. H. BROWN moved that when the House adjourns today, it adjourn to meet in Local Session on Friday, February 23, and to convene

Printed Page 921 . . . . . Thursday, February 22, 1996
at 11:00 A.M. Monday, February 26, in Statewide Session, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that H. 4600, the General Appropriation Bill, be set for Special Order on Monday, February 26, 1996, immediately after the call of the third reading statewide contested Calendar and immediately after roll call every day thereafter, and continue each day until given a second reading, and the Bill be set for Special Order for third reading immediately following the roll call and continue each day until final disposition.

Reps. ROGERS and McELVEEN spoke against the motion.

Rep. HASKINS spoke in favor of the motion.

The motion setting H. 4600 for Special Order was then agreed to by a division vote of 63 to 22.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 4600, the General Appropriation Bill, the bills on the Calendar be printed by number only, which was agreed to.

ORDERED ENROLLED FOR RATIFICATION

The following Bills and Joint Resolution 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. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.

S. 1127 -- Senators Cork and Washington: A BILL TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

Printed Page 922 . . . . . Thursday, February 22, 1996
S. 560 -- Senator Alexander: A BILL TO AMEND SECTION 22-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENT AND EXECUTION OF WARRANTS ISSUED BY MUNICIPAL AUTHORITIES OR MAGISTRATES OF ANOTHER COUNTY, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS OF A MUNICIPALITY, WITH THE ASSISTANCE OF LAW ENFORCEMENT OFFICIALS OF THE COUNTY IN WHICH THE MUNICIPALITY IS LOCATED, MAY SERVE A WARRANT ON A PERSON INCARCERATED IN THAT COUNTY'S JAIL OR DETENTION CENTER WHO IS CHARGED WITH A VIOLATION OF A MUNICIPAL ORDINANCE OR OTHER PROVISIONS OF LAW UNDER THE JURISDICTION OF THE MUNICIPALITY WITHOUT THE NECESSITY OF A MAGISTRATE OF THE COUNTY ENDORSING THE WARRANT.

ORDERED TO THIRD READING

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

H. 4646 -- Reps. Limehouse, Hallman, Whatley, Seithel and Harrell: A BILL TO TRANSFER THE ASSETS AND LIABILITIES OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT TO THE GOVERNING BODY OF CHARLESTON COUNTY UPON A FAVORABLE REFERENDUM OF THE QUALIFIED ELECTORS OF THE DISTRICT; AND REPEAL ACT 1069 OF 1968, RELATING TO THE CREATION OF THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT UPON THE TRANSFER OF ITS ASSETS AND LIABILITIES.

S. 804 -- 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.

H. 4335 -- Reps. Sharpe, Seithel, Sandifer and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY

Printed Page 923 . . . . . Thursday, February 22, 1996
ADDING SECTION 50-17-357 SO AS TO PROVIDE REQUIREMENTS AND PENALTIES FOR IMPORTATION OF SHELLFISH.

Rep. WITHERSPOON explained the Bill.

H. 4462 -- Reps. Riser, G. Brown, Koon and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-13-45 SO AS TO CREATE TWO CLASSES OF PESTICIDE REGISTRATION FEES, TO PROVIDE FOR AMOUNT OF THE FEE FOR A BASIC FEE, AND PROVIDE A PROCEDURE FOR THE DETERMINATION OF THE SPECIAL FEE AND HOW THE MONIES DERIVED FROM THE SPECIAL FEE MUST BE USED; AND TO AMEND SECTION 46-13-40, AS AMENDED, RELATING TO STANDARDS FOR CERTIFICATION OF PESTICIDE APPLICATORS, SO AS TO DELETE THE ANNUAL FEES FOR RESTRICTED AND UNRESTRICTED USE OF A PESTICIDE PRODUCT.

Rep. RISER explained the Bill.

S. 596 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND SALE OF HYBRID STRIPED BASS, SO AS TO FURTHER DEFINE THE PROCESS FOR PERMIT RENEWAL.

Rep. WITHERSPOON explained the Bill.

H. 4646--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 4646 be read the third time tomorrow.

S. 804--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAILEY, with unanimous consent, it was ordered that S. 804 be read the third time tomorrow.

H. 4335--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4335 be read the third time tomorrow.

H. 4462--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RISER, with unanimous consent, it was ordered that H. 4462 be read the third time tomorrow.

Printed Page 924 . . . . . Thursday, February 22, 1996
S. 596--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that S. 596 be read the third time tomorrow.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 4409 -- Reps. Cotty, Harrison, Sheheen, Huff, Fleming, Hodges, Jennings and Limbaugh: A BILL TO AMEND SECTION 62-2-804, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROBATE CODE, INTESTATE SUCCESSION AND WILLS, AND THE EFFECT OF A PROVISION FOR SURVIVORSHIP ON SUCCESSION TO JOINT TENANCY, SO AS TO PROVIDE FURTHER FOR THE TYPE OF INSTRUMENT WHICH PRECLUDES THE SEVERANCE OF A JOINT TENANCY UPON THE DEATH OF A JOINT TENANT.

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.

H. 4501 -- Reps. Fleming, Mason, G. Brown, Seithel, Clyburn, S. Whipper, Sandifer, Stoddard, L. Whipper, Vaughn, Littlejohn, Cato, Elliott and R. Smith: A BILL TO AMEND SECTION 12-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "DELINQUENT DEBT" SUMS OWED A COUNTY HOSPITAL WHEN THE HOSPITAL AND THE DEBTOR HAVE ENTERED INTO A WRITTEN PAYMENT AGREEMENT AND THE DEBTOR IS CURRENT IN MEETING THE OBLIGATIONS OF THE AGREEMENT.

Printed Page 925 . . . . . Thursday, February 22, 1996
H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.

H. 4471--OBJECTIONS AND SENT TO THE SENATE

The following Joint Resolution was taken up.

H. 4471 -- Reps. Cato, Vaughn, Easterday, Tripp and Rice: A JOINT RESOLUTION TO PROVIDE FOR A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1996 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY FAVOR SUBDIVIDING THE DISTRICT INTO THREE OR MORE SEPARATE SCHOOL DISTRICTS AND REQUIRING THE CHAIRMAN OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION TO SUBMIT A PLAN OF SUBDIVISION DEVELOPED BY THE DELEGATION TO THE QUALIFIED ELECTORS OF THE DISTRICT IN 1998 FOR THEIR APPROVAL IF THE RESULTS OF THE 1996 REFERENDUM ARE IN FAVOR OF SUBDIVIDING THE DISTRICT.

Reps. McMAHAND, LOFTIS, HERDKLOTZ and ANDERSON objected to the Joint Resolution.

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

The Joint Resolution was read the third time and ordered sent to the Senate, by a division vote of 6 to 5.

Printed Page 926 . . . . . Thursday, February 22, 1996
H. 3230--DEBATE ADJOURNED

Rep. CROMER moved to adjourn debate upon the following Bill until Monday, February 26, which was adopted.

H. 3230 -- Rep. Kirsh: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAMPAIGN PRACTICES, BY ADDING SECTION 8-13-1317 SO AS TO PROHIBIT AN ELECTION OFFICIAL FROM INVOLVEMENT OF ANY KIND IN THE CAMPAIGN OF ANY CANDIDATE FOR OFFICE, PROHIBIT FINANCIAL CONTRIBUTIONS TO A CANDIDATE, PROHIBIT THE PUBLIC ENDORSEMENT OF A CANDIDATE, AND PROHIBIT THE OFFICIAL FROM SERVING AS A POLL WATCHER OR POLL MANAGER IN AN ELECTION; AND TO AMEND SECTION 8-13-1300, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO PROVIDE A DEFINITION FOR "ELECTION OFFICIAL".

S. 27--DEBATE ADJOURNED

The following Bill was taken up.

S. 27 -- Senator Mescher: A BILL TO AMEND SECTION 7-13-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTIONS, SO AS TO DELETE PROVISIONS REQUIRING THE STATE ELECTION COMMISSION TO VERIFY THE APPOINTEES AS REPRESENTING CERTAIN POLITICAL PARTIES AND PROVIDE A PROCEDURE FOR THE VERIFICATION TO BE MADE TO THE COUNTY LEGISLATIVE DELEGATION BY THE COUNTY POLITICAL PARTY.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\amend\PT\2249DW.96).

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

/SECTION 1. Section 7-13-70 of the 1976 Code is amended to read:

"Section 7-13-70. For the purpose of carrying on general or special elections provided for in Section 7-13-10, the Governor, at least ninety days before the election, shall appoint for each county not less than three nor more than five commissioners of election upon the recommendation

Printed Page 927 . . . . . Thursday, February 22, 1996
of the senatorial delegation and at least half of the members of the House of Representatives from the respective counties. The Governor shall notify the State Election Commission in writing of the appointments. The State Election Commission county legislative delegation shall verify to the State Election Commission that at least one of the appointees represents the largest political party and one represents the second largest political party as determined by the composition of that county's delegation in the General Assembly or the makeup of the General Assembly as a whole if the county's delegation is composed of only one party's members. The commissioners shall continue in office until their successors are appointed and qualified. For the general election held on the first Tuesday following the first Monday in November in each even-numbered year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for each five hundred electors, or portion of each five hundred electors, registered to vote at the polling place. For primary elections held on the second Tuesday in June of each general election year, the commissioners of election shall appoint three managers of election for each polling place in the county for which they must respectively be appointed for the first five hundred electors registered to vote in each precinct in the county, and may appoint three additional managers for each five hundred electors registered to vote in the precinct above the first five hundred electors, or portion thereof of them. The commissioners also shall also appoint from among the managers a clerk for each polling place in the county, and none of the officers may be removed from office except for incompetence or misconduct. For all other primaries, special, or municipal elections, the authority charged by law with conducting the primaries, special, or municipal elections shall appoint three managers of election for the first five hundred electors registered to vote in each precinct in the county, municipality, or other election district and one additional manager for each five hundred electors registered to vote in the precinct above the first five hundred electors. The authority responsible by law for conducting the election also shall also appoint from among the managers a clerk for each polling place in a primary, special, or municipal election. Forty-five days before a prior to any primary, except municipal primaries, each political party holding a primary may submit to the county election commission a list of prospective managers for each precinct. The county election commission must appoint at least one manager for each precinct from the list of names submitted by each political party holding a primary. However, the county election commission may refuse to appoint any prospective manager for good cause. No person may be
Printed Page 928 . . . . . Thursday, February 22, 1996
appointed as a manager in a primary who has not completed a training program concerning his duties and responsibilities as a poll manager and who has not received certification of having completed the training program. The training program and the issuance of certification must be carried out by the county election commission. After their appointment, the commissioners, managers, and clerks shall take and subscribe, before any officer authorized to administer oaths, the following oath of office prescribed by Section 26 of Article III of the Constitution: `I do solemnly swear (or affirm) that I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect and defend the Constitution of this State and of the United States. So help me God'.

It must be immediately filed immediately in the office of the clerk of court of common pleas of the county in which the commissioners, managers, and clerks are appointed, or, if there is no clerk of court, in the office Office of the Secretary of State. Before opening the polls, the managers of election shall take and subscribe the oath provided for in Section 7-13-100. Upon the completion of the canvassing of votes, this oath must be filed with the commissioners of election along with the ballots from that election precinct."

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

Amend title to conform.

Rep. CROMER explained the amendment and moved to adjourn debate upon the Bill until Monday, February 26, which was adopted.

S. 625--OBJECTION AND DEBATE ADJOURNED

The following Bill was taken up.

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.

Rep. SIMRILL objected to the Bill.

Rep. CROMER moved to adjourn debate upon the Bill until Monday, February 26, which was adopted.

Printed Page 929 . . . . . Thursday, February 22, 1996
H. 4101--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4101 -- Reps. Witherspoon and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 30 TO TITLE 46 SO AS TO PROVIDE FOR A REFERENDUM TO APPROVE AN ASSESSMENT ON MARKETED TOBACCO TO PROVIDE FUNDS FOR TOBACCO PRODUCTION RESEARCH.

The Agriculture, Natural Resources & Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\amend\GJK\22303SD.96), which was adopted.

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

/SECTION 1. Section 46-17-40(e) of the 1976 Code, as last amended by Act 120 of 1989, is further amended to read:

"(e) `Agricultural commodity' means a distinctive type of agricultural, horticultural, viticultural, floricultural, aquacultural, vegetable, or animal product, either in its natural or processed state, except tobacco. The commission may determine on the basis of common usage and practice what kinds, types, subtypes, or classes may be included together as an agricultural commodity for the purpose of this chapter."

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

Renumber sections to conform.

Amend title to conform.

Rep. RISER explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 4101--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. RISER, with unanimous consent, it was ordered that H. 4101 be read the third time tomorrow.

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