Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 1450, Mar. 9 | Printed Page 1470, Mar. 9 |

Printed Page 1460 . . . . . Thursday, March 9, 1995

Rep. ANDERSON demanded the yeas and nays, which were taken resulting as follows:
Yeas 54; Nays 62

Those who voted in the affirmative are:

Anderson         Boan             Brown, J.
Brown, T.        Cain             Canty
Cato             Clyburn          Davenport
Delleney         Easterday        Fair
Fleming          Govan            Harris, J.
Harris, P.       Haskins          Herdklotz
Hines            Hodges           Huff
Hutson           Jaskwhich        Kirsh
Lanford          Littlejohn       Marchbanks
Mason            McCraw           McElveen
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Phillips
Rice             Richardson       Robinson
Sandifer         Scott            Sharpe
Sheheen          Simrill          Smith, R.
Stoddard         Thomas           Tripp
Trotter          Vaughn           Waldrop
Walker           Whipper, S.      Young, J.

Total--54

Those who voted in the negative are:

Allison          Askins           Bailey
Baxley           Breeland         Brown, G.
Brown, H.        Carnell          Cave
Chamblee         Cobb-Hunter      Cooper
Cotty            Cromer           Dantzler
Elliott          Felder           Fulmer
Gamble           Hallman          Harrell
Harrison         Harwell          Howard
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Klauber          Knotts           Koon
Law              Limbaugh         Limehouse
Lloyd            Martin           McAbee
Neilson          Quinn            Rhoad


Printed Page 1461 . . . . . Thursday, March 9, 1995

Riser            Rogers           Seithel
Shissias         Smith, D.        Spearman
Stille           Stuart           Townsend
Tucker           Wells            Whatley
White            Wilder           Wilkes
Wilkins          Witherspoon      Worley
Wright           Young, A.

Total--62

So, the House refused to table the amendment.

Rep. HUFF spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 56; Nays 57

Those who voted in the affirmative are:

Allison          Askins           Bailey
Baxley           Breeland         Brown, G.
Brown, H.        Brown, J.        Byrd
Carnell          Cobb-Hunter      Cromer
Dantzler         Elliott          Felder
Fulmer           Gamble           Hallman
Harrell          Harris, P.       Harrison
Harwell          Jennings         Keegan
Kelley           Keyserling       Kinon
Klauber          Knotts           Koon
Law              Limbaugh         Limehouse
Lloyd            McAbee           Quinn
Rhoad            Riser            Rogers
Seithel          Sharpe           Shissias
Smith, D.        Spearman         Stuart
Tucker           Wells            Whatley
White            Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--56


Printed Page 1462 . . . . . Thursday, March 9, 1995

Those who voted in the negative are:
Anderson         Boan             Brown, T.
Cain             Canty            Cave
Chamblee         Clyburn          Cooper
Davenport        Delleney         Easterday
Fair             Fleming          Govan
Harris, J.       Haskins          Herdklotz
Hines            Howard           Huff
Hutson           Jaskwhich        Kirsh
Lanford          Littlejohn       Marchbanks
Martin           Mason            McCraw
McElveen         McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Rice
Richardson       Robinson         Sandifer
Scott            Sheheen          Simrill
Smith, R.        Stille           Stoddard
Thomas           Tripp            Trotter
Vaughn           Waldrop          Walker
Whipper, S.      Wilder           Young, J.

Total--57

So, the amendment was rejected.

RECORD FOR JOURNAL

I was out of the Chamber when the vote was taken on Amendment 292. I would have voted "No." I had voted earlier to table the amendment and also voted to table the motion to reconsider the vote where #292 failed to be adopted.

Rep. HARRY F. CATO

LEAVE OF ABSENCE

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

Rep. H. BROWN proposed the following Amendment No. 294 (Doc Name L:\council\legis\amend\PT\1811DW.95), which was ruled out of order.
Amend the bill, as and if amended, Part II, SECTION 47, by adding an appropriately lettered subsection to read:


Printed Page 1463 . . . . . Thursday, March 9, 1995

/ . Section 12-21-2776(B) of the 1976 Code, as added by Act 164 of 1993, is amended to read:

"(B) By July 1 June 30, 1995 1996, all machines registered and licensed by the commission department must be equipped with a commission department approved metering device. Each machine owner, operator, or licensed establishment must establish and implement cash controls required by the commission department."/

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

POINT OF ORDER

Rep. HUFF raised the Point of Order that Amendment No. 294 was out of order as it was not germane.

Rep. H. BROWN argued contra the Point in stating that it would have a $21 million impact on the budget.

The SPEAKER stated that in compliance with Rule 5.3 he sustained the Point of Order and ruled the amendment out of order.

AMENDMENT NO. 292--MOTION TO RECONSIDER TABLED

Rep. DAVENPORT moved to reconsider the vote whereby Amendment No. 292 was rejected.

Rep. HASKINS moved to table the motion to reconsider.

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

Yeas 60; Nays 54

Those who voted in the affirmative are:

Anderson         Boan             Brown, J.
Brown, T.        Cain             Canty
Cato             Cave             Chamblee
Clyburn          Cooper           Davenport
Delleney         Easterday        Fair
Fleming          Govan            Harris, J.
Haskins          Herdklotz        Hines
Hodges           Howard           Huff
Hutson           Jaskwhich        Kennedy
Kirsh            Lanford          Lloyd
Marchbanks       Martin           Mason
McCraw           McElveen         McMahand


Printed Page 1464 . . . . . Thursday, March 9, 1995

McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Rice             Richardson       Robinson
Sandifer         Scott            Sheheen
Simrill          Smith, R.        Stille
Stoddard         Thomas           Tripp
Trotter          Vaughn           Waldrop
Whipper, S.      Wilder           Young, J.

Total--60

Those who voted in the negative are:

Allison          Askins           Bailey
Baxley           Breeland         Brown, G.
Brown, H.        Byrd             Carnell
Cobb-Hunter      Cotty            Cromer
Dantzler         Elliott          Felder
Fulmer           Gamble           Hallman
Harrell          Harris, P.       Harrison
Harwell          Jennings         Keegan
Kelley           Keyserling       Kinon
Klauber          Knotts           Koon
Law              Limbaugh         Limehouse
Littlejohn       McAbee           Quinn
Riser            Rogers           Seithel
Sharpe           Shissias         Smith, D.
Spearman         Stuart           Townsend
Wells            Whatley          White
Wilkes           Wilkins          Witherspoon
Wofford          Wright           Young, A.

Total--54

So, the motion to reconsider was tabled.

RECORD FOR JOURNAL

I was unable to vote on the motion to table the motion to reconsider #292. Had I voted I would have voted yea.

Rep. THOMAS N. RHOAD

Rep. SIMRILL moved immediate cloture on the section.


Printed Page 1465 . . . . . Thursday, March 9, 1995

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Yeas 31; Nays 77

Those who voted in the affirmative are:

Baxley           Cato             Clyburn
Cooper           Cromer           Davenport
Delleney         Easterday        Fair
Harris, J.       Haskins          Herdklotz
Huff             Hutson           Jaskwhich
Marchbanks       Mason            McMahand
Meacham          Quinn            Rice
Robinson         Sandifer         Simrill
Smith, R.        Stuart           Tripp
Trotter          Vaughn           Waldrop
Wilkins

Total--31

Those who voted in the negative are:

Allison          Bailey           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Brown, T.        Byrd
Cain             Carnell          Cave
Chamblee         Cobb-Hunter      Cotty
Dantzler         Elliott          Felder
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, P.
Harwell          Hines            Howard
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Kirsh            Klauber          Knotts
Koon             Law              Limehouse
Littlejohn       Lloyd            McAbee
McCraw           McElveen         McTeer
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Richardson
Riser            Rogers           Scott
Seithel          Sheheen          Shissias
Smith, D.        Spearman         Stille
Stoddard         Thomas           Townsend


Printed Page 1466 . . . . . Thursday, March 9, 1995

Walker           Wells            Whatley
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Total--77

So, immediate cloture was rejected.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence.

SPEAKER PRO TEMPORE IN CHAIR

Reps. RICHARDSON, WHITE and CAVE proposed the following Amendment No. 298 (Doc Name L:\council\legis\amend\JIC\5582HTC.95), which was tabled.
Amend the bill, as and if amended, Part II, Section 47, Permanent Provisions, by adding a new paragraph, appropriately lettered, to read:

/SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2795 SO AS TO IMPOSE A TAX EQUAL TO THREE PERCENT ON GROSS MACHINE PROCEEDS OF VIDEO GAMES WITH A FREE PLAY FEATURE, TO DEFINE "GROSS MACHINE INCOME", TO PROVIDE THE METHOD OF PAYMENT OF THE TAX, AND TO PROVIDE A CRIMINAL PENALTY FOR VIOLATIONS.

A. Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2795. (A) Beginning July 1, 1995, a tax equal to three percent of the gross machine income is imposed and must be remitted to the department weekly on a schedule determined by the department. The revenue must be remitted by electronic transfer in a manner provided by the department. All payments not remitted when due must be paid together with a penalty under the provisions of Section 12-54-40. For purposes of this section `gross machine income' means the sum of all cash/money put into the machine.

(B) A machine owner, operator, or licensed establishment who falsely reports or wilfully fails to report the amount due required by this section is guilty of a felony and, upon conviction, must be imprisoned not less than one year nor more than five years."


Printed Page 1467 . . . . . Thursday, March 9, 1995

B. This section takes effect July 1, 1995, or when appropriate monitoring machines are in place as required by law, 3000 fee will remain until in place./

C. Section 12-21-2720A. Reduce current license fee to 1,000.

D. County of origin retains 10% of 3% for property tax relief.

Renumber sections & amend totals/title to conform.

Rep. RICHARDSON explained the amendment.

Rep. RICHARDSON spoke in favor of the amendment.

Rep. KNOTTS moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Yeas 76; Nays 27

Those who voted in the affirmative are:

Allison          Askins           Bailey
Baxley           Boan             Brown, H.
Cain             Cato             Chamblee
Cooper           Cotty            Cromer
Dantzler         Davenport        Delleney
Easterday        Elliott          Felder
Fleming          Fulmer           Gamble
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Harwell
Haskins          Hodges           Huff
Jennings         Keegan           Kelley
Keyserling       Kinon            Kirsh
Klauber          Knotts           Koon
Law              Limehouse        Marchbanks
Mason            McCraw           Meacham
Moody-Lawrence   Phillips         Quinn
Rhoad            Rice             Riser
Sandifer         Scott            Seithel
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Stuart
Thomas           Townsend         Tripp
Trotter          Vaughn           Waldrop
Wells            Whatley          Wilkes
Wilkins          Witherspoon      Wofford


Printed Page 1468 . . . . . Thursday, March 9, 1995

Worley           Wright           Young, A.
Young, J.

Total--76

Those who voted in the negative are:

Beatty           Breeland         Brown, J.
Brown, T.        Byrd             Cave
Cobb-Hunter      Fair             Herdklotz
Hines            Hutson           Jaskwhich
Kennedy          Lanford          Littlejohn
Lloyd            McElveen         McTeer
Neal             Neilson          Richardson
Sheheen          Spearman         Stille
Walker           Whipper, S.      Wilder

Total--27

So, the amendment was tabled.

Rep. HARRISON proposed the following Amendment No. 299 (Doc Name L:\council\legis\amend\GJK\21545HTC.95), which was tabled.

Amend the bill, as and if amended, Part II, Section 47, page 514, by inserting immediately after line 22 /D. The metering requirement of Section 12-21-2776(B) of the 1976 Code is postponed until July 1, 1997. The Department of Revenue and Taxation from revenues accruing to it pursuant to Section 12-21-2720(C) shall notify licensees of the postponement authorized by this subsection./

Amend further, Section 47, page 515, by inserting immediately after line 17 an appropriately lettered subsection to read:

( ) Section 12-21-2791 of the 1976 Code is amended to read:

"Section 12-21-2791. Any location which operates or allows the operation of coin-operated machines pursuant to Section 12-21-2720(A)(3) which provides payouts authorized pursuant to Section 16-19-60 shall limit the cash payout for credits earned for free games to two thousand five hundred credits per player per location during any twenty-four hour period. The cash value of credits for each free game shall be limited to five cents may limit the cash payouts to one hundred twenty-five dollars per player per location during any twenty-four-hour period provided that the owner or operator of the location displays a prominent notice above


Printed Page 1469 . . . . . Thursday, March 9, 1995

or upon the machine that the maximum amount authorized for refund on such machine is one hundred twenty-five dollars per player during any twenty-four-hour period."/

Renumber sections & amend totals/title to conform.

Rep. HARRISON explained the amendment.

SPEAKER IN CHAIR

Rep. HARRISON continued speaking.

Rep. HUFF moved to table the amendment.

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

Yeas 56; Nays 53

Those who voted in the affirmative are:

Anderson         Beatty           Boan
Brown, T.        Byrd             Cain
Cato             Chamblee         Clyburn
Cobb-Hunter      Cooper           Davenport
Delleney         Easterday        Fair
Govan            Harris, J.       Haskins
Herdklotz        Hines            Hodges
Howard           Huff             Hutson
Jaskwhich        Kennedy          Kinon
Kirsh            Lanford          Lloyd
Marchbanks       Mason            McElveen
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Phillips         Rice             Richardson
Robinson         Sandifer         Scott
Sheheen          Simrill          Smith, R.
Stille           Thomas           Tripp
Trotter          Vaughn           Waldrop
Whipper, S.      Young, J.

Total--56



Printed Page 1470 . . . . . Thursday, March 9, 1995

Those who voted in the negative are:
Allison          Askins           Bailey
Baxley           Breeland         Brown, G.
Brown, H.        Cotty            Cromer
Dantzler         Elliott          Felder
Fulmer           Gamble           Hallman
Harrell          Harris, P.       Harrison
Harwell          Jennings         Keegan
Kelley           Keyserling       Klauber
Knotts           Koon             Law
Limbaugh         Limehouse        Littlejohn
McAbee           Quinn            Rhoad
Riser            Rogers           Seithel
Sharpe           Shissias         Smith, D.
Spearman         Stuart           Townsend
Wells            Whatley          White
Wilder           Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--53

So, the amendment was tabled.


| Printed Page 1450, Mar. 9 | Printed Page 1470, Mar. 9 |

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