1996 Permanent Senate Journal Printed Pages 780-790 - South Carolina Legislature Online

Journal of the Senate
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 770, Feb. 22 | Printed Page 790, Feb. 22

Printed Page 780 . . . . . Thursday, February 22, 1996

NOT VOTING

Matthews             McGill

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Chapter, National Association of Social Workers to attend a reception at the Adam's Mark Hotel on Wednesday, March 6, 1996, from 6:30 until 9:00 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue         Rose

TOTAL--8

NAYS

TOTAL--0

NOT VOTING
Matthews             McGill

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from Up-State and others of Alzheimer's Association for S.C. to attend a coffee drop-in in #208 Blatt Building on Thursday, March 7, 1996, from 9:00 until 10:30 A.M.

Printed Page 781 . . . . . Thursday, February 22, 1996

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue         Rose

TOTAL--8

NAYS

TOTAL--0

NOT VOTING
Matthews             McGill

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Supreme Court and others (Judges' Assns.) to attend a reception at the Woman's Club of Columbia on Tuesday, March 12, 1996, from 6:00 P.M. until.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue         Rose

TOTAL--8

NAYS

TOTAL--0

Printed Page 782 . . . . . Thursday, February 22, 1996

NOT VOTING

Matthews             McGill

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. State Library Board to attend a breakfast drop-in at the S.C. State Library, 1500 Senate Street on Wednesday, March 13, 1996, from 8:00 until 10:00 A.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue         Rose

TOTAL--8

NAYS

TOTAL--0

NOT VOTING
Matthews             McGill

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Association of Realtors to attend a mid-day reception at the Adam's Mark Hotel on Wednesday, March 13, 1996, immediately upon adjournment and lasting until 2:30 P.M.

Printed Page 783 . . . . . Thursday, February 22, 1996

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue         Rose

TOTAL--8

NAYS

TOTAL--0

NOT VOTING
Matthews             McGill

TOTAL--2

Senator COURSON from the Committee on Invitations submitted a favorable report on:

An invitation from S.C. Summary Court Judges' Association to attend a reception at the State Fairgrounds (Seawell's) on Wednesday, March 13, 1996, from 6:30 until 8:30 P.M.

Poll of the Invitations Committee

Ayes 8; Nays 0; Not Voting 2

AYES

Courson              Peeler               Wilson
Patterson            Russell              O'Dell
Passailaigue         Rose

TOTAL--8

NAYS

TOTAL--0

Printed Page 784 . . . . . Thursday, February 22, 1996

NOT VOTING

Matthews             McGill

TOTAL--2

THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.

ORDERED ENROLLED FOR RATIFICATION

The following Bills were read the third time and having received three readings in both Houses, it was ordered that the titles be changed to that of Acts and enrolled for Ratification:

H. 4506 -- Rep. Delleney: A BILL TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.

(By prior motion of Senator SHORT)

H. 4535 -- Reps. Kinon, Jennings and M. Hines: A BILL TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A CERTAIN AMOUNT OF MONEY TO BE USED FOR SCHOOL CONSTRUCTION, SO AS TO, AMONG OTHER THINGS, CHANGE THE AMOUNT WHICH MAY BE BORROWED, AND PROVIDE THAT SUCH FUNDS MAY BE APPLIED TO RETIRE A LOAN FOR MONEY USED FOR SCHOOL CONSTRUCTION FOR DILLON COUNTY SCHOOL DISTRICTS 1, 2, AND 3, RATHER THAN SCHOOL DISTRICT 3 ALONE.

(By prior motion of Senator ELLIOTT)

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 66 -- Senators McConnell, Rose and Leventis: A BILL TO AMEND CHAPTER 9, TITLE 6, AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 785 . . . . . Thursday, February 22, 1996

CAROLINA, 1976, RELATING TO BUILDING CODES, SO AS TO REVISE THE REQUIREMENTS FOR THESE CODES, AND THE MANNER IN WHICH COUNTIES AND MUNICIPALITIES MUST ADOPT AND ENFORCE SUCH CODES, REVISE THE MEMBERSHIP OF THE BUILDING CODES COUNCIL, REVISE PENALTIES, PROVIDE FOR DUTIES OF THE STATE FIRE MARSHAL AND DEPUTY FIRE MARSHALS IN REGARD TO THESE CODES, AND PROVIDE FOR LIMITED APPLICATION OF THE CHAPTER; TO AMEND THE 1976 CODE BY ADDING CHAPTER 8 TO TITLE 6 SO AS TO PROVIDE FOR BUILDING CODES ENFORCEMENT OFFICERS, AND FOR THEIR FUNCTIONS, DUTIES, AND REGISTRATION; AND ADDING SECTION 38-7-35 SO AS TO PROVIDE THE FIRST TWO HUNDRED FIFTY THOUSAND DOLLARS OF THE PREMIUM TAX LEVIED ON FIRE INSURERS MUST BE USED FOR THE PURPOSE OF IMPLEMENTING THE TRAINING, CERTIFICATION, AND CONTINUING EDUCATION PROGRAM FOR BUILDING CODES ENFORCEMENT OFFICERS.

Senator McCONNELL explained the Bill.

Recorded Vote

Senators BRYAN, PEELER and THOMAS desired to be recorded as voting against the third reading of the Bill.

SECOND READING BILLS

WITH NOTICE OF GENERAL AMENDMENTS

The following Bills having been read the second time with notice of general amendments were ordered placed on the third reading Calendar:

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT

Printed Page 786 . . . . . Thursday, February 22, 1996

COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

Senator COURTNEY explained the Bill.

S. 1164 -- Judiciary Committee: A BILL TO AMEND PART I, ARTICLE 2, CHAPTER 2, TITLE 62, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-114, SO AS TO PROVIDE THAT IF THE PARENTS, WHO ARE HEIRS OF A CHILD PURSUANT TO 62-2-103(2), ARE DIVORCED, SEPARATED, OR LIVING APART, UPON MOTION OF EITHER PARENT, THE PROBATE COURT MAY DENY OR LIMIT EITHER PARENT'S ENTITLEMENT FOR A SHARE OF THE PROCEEDS IF THE COURT DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT; AND TO AMEND SECTION 42-9-140, RELATING TO WORKERS' COMPENSATION PAYMENTS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS, SO AS TO PROVIDE THAT THE COMMISSION MAY DENY OR LIMIT PAYMENTS TO A PARENT WHO IS OTHERWISE ENTITLED TO RECOVER AMOUNTS PROVIDED FOR A DECEASED EMPLOYEE IF THE COMMISSION DETERMINES, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE PARENT HAS REFUSED TO REASONABLY SUPPORT THE DECEDENT AS DEFINED IN SECTION 20-7-40 AND HAS OTHERWISE NOT PROVIDED FOR THE NEEDS OF THE DECEDENT.

Senator COURTNEY explained the Bill.

AMENDED, READ THE SECOND TIME

WITH NOTICE OF GENERAL AMENDMENTS

S. 1102 -- Senator Holland: A BILL TO AMEND SECTION 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF AN ABSENTEE BALLOT APPLICANT, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE OATH; TO AMEND SECTION 7-15-385,

Printed Page 787 . . . . . Thursday, February 22, 1996

RELATING TO THE MARKING OF ABSENTEE BALLOTS, SO AS TO PROVIDE THAT AN APPLICANT WHO CANNOT SIGN HIS NAME BECAUSE OF ILLITERACY OR A HANDICAP MAY INSTEAD MAKE HIS MARK; AND TO AMEND SECTION 7-15-420, RELATING TO RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE RETURN-ADDRESSED ENVELOPE.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Judiciary.

The Judiciary Committee proposed the following amendment (JUD1102.002), which was adopted:

Amend the bill, as and if amended, page 1, beginning on line 30, in Section 7-15-380, as contained in SECTION 1, by striking lines 30 through 37 and inserting therein the following:

/"Section 7-15-380. The oath, which is required by Section 7-15-370 to be imprinted on the return-addressed envelope, furnished each absentee ballot applicant, shall must be signed by the absentee ballot applicant and witnessed. The address of the witness shall appear on the oath. However, the absence of the witness' address on the oath is not a ground for challenge. In the event the voter cannot write because of a physical handicap or illiteracy, the voter may make his mark and have the mark witnessed by someone designated by the voter. The oath shall must be in the following form:/.

Amend the bill further, as and if amended, page 2, line 9, in Section 7-15-380, as contained in SECTION 1, by striking line 9 in its entirety and inserting therein /Address of Witness"/.

Amend the bill further, as and if amended, page 3, beginning on line 1, by striking SECTION 3 in its entirety and inserting therein the following:

/SECTION 3. Section 7-15-420 of the 1976 Code, as last amended by an unnumbered act bearing ratification number 226, is further amended to read:

"Section 7-15-420. The county election commission, municipal election commission, or executive committee of each municipal party in the case of municipal primary elections is responsible for the tabulation and reporting of absentee ballots. At 2:00 p.m. on election day, the managers appointed pursuant to Section 7-13-70, and in the presence of any watchers who have been appointed pursuant to Section 7-13-860, may

Printed Page 788 . . . . . Thursday, February 22, 1996

begin the process of examining the return-addressed envelopes that have been received by the county registration board making certain that each oath has been properly signed and witnessed and includes the address of the witness. However, the absence of the witness' address on the envelope is not a ground for challenge. All return-addressed envelopes received by the county registration board before the time for closing the polls must be examined in this manner. No ballot may be counted unless the oath is properly signed and witnessed nor may any ballot be counted which is received by the county registration board after time for closing of the polls. The printed instructions required by Section 7-15-370(2) to be sent each absentee ballot applicant must notify him that his vote will not be counted in either of these events. If a ballot is not challenged, the sealed return-addressed envelope must be opened by the managers, and the enclosed envelope marked `Ballot Herein' removed and placed in a locked box or boxes. After all return-addressed envelopes have been emptied in this manner, the managers shall remove the ballots contained in the envelopes marked `Ballot Herein', placing each one in the ballot box provided for the applicable contest. When the polls have closed and all absentee ballots have been placed in the ballot boxes, they must be tabulated and reported as a separate precinct in the same manner as other ballots of the county are counted on election day. The absentee voter precinct is a countywide precinct and a part of each election district in the county. If any ballot is challenged, the return-addressed envelope may not be opened, but must be put aside and the procedure set forth in Section 7-13-830 must be utilized; but the absentee voter must be given reasonable notice of the challenged ballot."/.

Amend title to conform.

Senator COURTNEY explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar with notice of general amendments.

SECOND READING BILLS

The following Bills and Joint Resolutions having been read the second time were ordered placed on the third reading Calendar:

H. 4587 -- Reps. Jennings, J. Harris and Kinon: A BILL TO CREATE THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT AND TERMS OF THE

Printed Page 789 . . . . . Thursday, February 22, 1996

MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.

H. 4587--Ordered to a Third Reading

On motion of Senator SALEEBY, H. 4587 was ordered to receive a third reading on Friday, February 23, 1996.

H. 4609 -- Reps. Koon, Knotts, Gamble, Riser and Wright: A BILL TO AMEND ACT 218 OF 1993, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATES WHEN NOTICES OF CANDIDACY MAY BE FILED WITH THE COUNTY ELECTION COMMISSION, AND TO AMEND ACT 176 OF 1995, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, SO AS TO PROVIDE THAT THE FILING PERIOD FOR PERSONS DESIRING TO FILE WRITTEN NOTICES OF CANDIDACY SHALL BE AS PROVIDED IN ACT 218 OF 1993.

H. 4609--Ordered to a Third Reading

On motion of Senator LANDER, H. 4609 was ordered to receive a third reading on Friday, February 23, 1996.

H. 3589 -- Rep. McTeer: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO STUDY WHETHER MOTOR VEHICLES THAT ARE LEGALLY ELEVATED PURSUANT TO SECTION 56-5-4445 ARE A SAFETY HAZARD AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE EDUCATION AND PUBLIC WORKS AND SENATE TRANSPORTATION COMMITTEES.

H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO

Printed Page 790 . . . . . Thursday, February 22, 1996

AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.

Printed Page 770, Feb. 22 | Printed Page 790, Feb. 22

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