Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
On this Memorial Day, we bow, O Lord, in thanksgiving for those who have valiantly fought and bravely died in preserving the freedom of this great Nation. Bring comfort, we pray, to those who see again in memory's vision the parade of those who marched away never to return. Be especially near to those who even now bear the scars of war, granting to them the assurance of a grateful people. May our response to their self-giving be purer lives, nobler service, and deeper dedication to the causes for which they gave so much. Make our bowed heads and hearts be a suitable memorial for the brave of every generation who pledged their lives in service of others.
We pray to our God Who before us shows Himself in sacrificial service. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. JENNINGS moved that when the House adjourns, it adjourn in memory of Walter Wilson Brown, Jr. of Bennettsville, which was agreed to.
The following was received.
Columbia, S.C., May 25, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 438:
S. 438 -- Senator Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 25, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 89, H. 3977 by a vote of 44 to 0.
(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 29, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of H. 4158:
H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.
Very respectfully,
President
The SPEAKER ordered the Bill returned to the Senate.
The Senate returned to the House with amendments the following:
H. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.
Rep. TOWNSEND explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, 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.
The Senate returned to the House with amendments the following:
H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.
Rep. CATO explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, 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.
The following was introduced:
H. 4253 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Stille and Tucker: A CONCURRENT RESOLUTION SALUTING NORMAN DEAN BANNISTER OF BELTON FOR HIS DEDICATED SERVICE TO LAW ENFORCEMENT AND THE STATE OF SOUTH CAROLINA AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT AS PUBLIC SAFETY CHIEF AT PATRICK B. HARRIS PSYCHIATRIC HOSPITAL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4254 -- Reps. R. Smith, Sharpe, Huff, Mason and Clyburn: A CONCURRENT RESOLUTION TO RECOGNIZE THE ESTABLISHMENT OF THE INTERNATIONAL FOREST CENTER'S FOREST RESEARCH AND PRODUCTS LABORATORY LOCATED IN AIKEN COUNTY AS BEING A VALUABLE RESOURCE FOR SOUTH CAROLINA AND THE SOUTHEAST AND TO COMMEND THE EFFORTS OF THOSE WHO MAKE THIS ACCOMPLISHMENT POSSIBLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4255 -- Reps. J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION COMMENDING THE REVEREND JOSEPH W. ALLEY, PASTER OF COLLEGE PLACE UNITED METHODIST CHURCH IN COLUMBIA, FOR HIS DEDICATION TO HIS CHURCH MEMBERS AND FOR HIS CONTRIBUTIONS TO A BETTER WAY OF LIFE IN THE CAPITAL CITY, AND EXTENDING BEST WISHES TO HIM FOR HAPPINESS AND SUCCESS IN HIS NEW ASSIGNMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4256 -- Rep. Cain: A CONCURRENT RESOLUTION TO CONGRATULATE MR. TIM O. HALL, JR., PRESIDENT AND CHAIRMAN OF THE BOARD OF THE BLUE RIDGE BANK OF WALHALLA, UPON RECEIVING THE HALF-CENTURY AWARD FROM THE SOUTH CAROLINA BANKERS ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4257 -- Reps. Seithel, Whatley, Inabinett, Hallman, Fulmer, Harrell, Limehouse, L. Whipper, Breeland, S. Whipper, Hutson and Dantzler: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO THE HONORABLE DERWOOD L. (WOODY) AYDLETTE, JR., OF CHARLESTON COUNTY FOR HIS DISTINGUISHED PREVIOUS SERVICE AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND FOR HIS CONTINUING EXEMPLARY PUBLIC SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4258 -- Reps. Harrell, Fulmer, Breeland and Inabinett: A CONCURRENT RESOLUTION TO RECOGNIZE MR. JOHN B. JOHNSTON, III, OF CHARLESTON UPON HIS UPCOMING INSTALLATION AS PRESIDENT OF THE NATIONAL RECREATION AND PARKS ASSOCIATION CITIZEN-BOARD MEMBER BRANCH AND TO COMMEND HIM FOR HIS CONTRIBUTIONS TO RECREATION IN CHARLESTON, IN SOUTH CAROLINA, AND IN THE NATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 76/378 IN SUMTER COUNTY AS THE R. J. CHIC MATHIS HIGHWAY.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
The Senate sent to the House the following:
S. 872 -- Senator Alexander: A CONCURRENT RESOLUTION TO CONGRATULATE MR. TIM O. HALL, JR., PRESIDENT AND CHAIRMAN OF THE BOARD OF THE BLUE RIDGE BANK OF WALHALLA, UPON RECEIVING THE HALF-CENTURY AWARD FROM THE SOUTH CAROLINA BANKERS ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
S. 857 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO HUNT UNITS AND WILDLIFE MANAGEMENT AREAS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1869, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Breeland Brown, G. Brown, H. Brown, J. Cain Canty Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, P. Harrison Haskins Herdklotz Hines Hodges Huff Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Limbaugh Limehouse Littlejohn Lloyd Marchbanks Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stoddard Stuart Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Wilder Wilkins Williams Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Monday, May 29.
Heyward G. Hutson Sandra S. Wofford Paula H. Thomas Juanita M. White Timothy C. Wilkes William D. Witherspoon Jackson S. Whipper Alma W. Byrd Larry L. Elliott Marion P. Carnell James N. Law J. Michael Baxley Michael L. Fair Leon Howard Olin R. Phillips Theodore A. Brown L. Morgan Martin Dan L. Tripp George H. Bailey Molly M. Spearman C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. SPEARMAN a temporary leave of absence.
The SPEAKER granted Rep. HARWELL a leave of absence for the day due to an accident.
Reps. CROMER, COTTY, HUFF and KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, May 25.
On motion of Rep. R. SMITH, with unanimous consent, the House stood in silent prayer for the recovery of Rep. HARWELL and his wife, who were in an automobile accident.
Rep. A. YOUNG moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.
The following Bill was taken up.
S. 842 -- Senator Saleeby: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE MAP REFERENCE WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS, DELETE ARCHAIC REFERENCES AND PROVIDE THAT POLLING PLACES BE DETERMINED BY THE DARLINGTON COUNTY BOARD OF ELECTIONS AND REGISTRATION WITH THE APPROVAL OF A MAJORITY OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION.
Rep. NEILSON, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\2049DW.95), which was adopted.
Amend the bill, as and if amended, page 2, line 10, by inserting after /Delegation/ /to include the member or members from that district/.
Amend title to conform.
Rep. NEILSON, with unanimous consent, proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PT\2050DW.95), which was adopted.
Amend the bill, as and if amended, page 1, beginning on line 38, by striking /Mont Clare/ and inserting /Mont Clare/.
Amend title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
Rep. STODDARD moved to adjourn debate upon the following Bill until Tuesday, May 30, which was adopted.
S. 847 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES FOR LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, SO AS TO REVISE THE BOUNDARIES OF THE SINGLE-MEMBER DISTRICTS FROM WHICH TRUSTEES ARE ELECTED.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 397 -- Senator Ryberg: A BILL TO AMEND SECTION 61-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES UNDER WHICH A PARTIAL REFUND IS ALLOWED OF A LICENSED BEER, WINE, OR ALCOHOLIC LIQUOR LICENSE OR PERMIT FEE, SO AS TO PROVIDE A PARTIAL REFUND FOR ANY REASON WHICH RESULTED IN THE CLOSE OF THE LICENSED OR PERMITTED ESTABLISHMENT DURING THE FIRST YEAR OF THE BIENNIAL PERIOD AND TO PROVIDE FOR SUCH REFUNDS FOR BIENNIAL LICENSES OR PERMITS ISSUED AFTER JUNE 30, 1992.
The following Bill was taken up.
H. 3544 -- Rep. McTeer: A BILL TO AMEND SECTION 59-39-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE HIGH SCHOOL DIPLOMAS AND THE UNITS REQUIRED FOR GRADUATION, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998-99 SCHOOL YEAR, A MINIMUM OF FOUR UNITS IN MATHEMATICS RATHER THAN THREE AND A MINIMUM OF THREE UNITS IN SCIENCE RATHER THAN TWO, MUST BE EARNED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\22027SD.95).
Amend the bill, as and if amended, by striking Section 59-39-100 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 59-39-100. Diplomas issued to graduates of accredited high schools within this State must be uniform in every respect and particularly as to color, size, lettering, and marking. The number of units required for a state high school diploma is twenty units as prescribed by the State Board of Education. Beginning in the 1986-87 academic school year, a minimum of 3 three units must be earned in mathematics, and a minimum of 2 two units must be earned in science., and beginning with the 1998-99 school year, a minimum of four units in mathematics and a minimum of three units in science must be earned.
One unit in computer science, if approved by the State Department of Education for this purpose, may be counted toward the mathematics requirement.
Students who earn one unit in science and six or more units in a specific occupational service area meet the science requirements for a state high school diploma. Vocational programs operating on a 3-2-1 structure may count prevocational education as one of the six required units."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McTEER explained the amendment.
Rep. ANDERSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.
The SPEAKER sustained the Point of Order.
Rep. J. BROWN moved to adjourn debate upon the following Bill, which was adopted.
S. 180 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF THIS SYSTEM.
The following Bill was taken up.
S. 375 -- Senators Jackson and Courtney: A BILL TO AMEND SECTION 53-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COUNTY ACCOMMODATION TAX EXEMPTION FROM THE SUNDAY WORK LAWS, SO AS TO PROVIDE THAT A COUNTY MUST COLLECT THE REQUISITE REVENUE IN ONE YEAR AND TO PROVIDE THAT AFTER A COUNTY INITIALLY QUALIFIES, THIS EXEMPTION IS PERMANENT; AND TO PROVIDE A REFERENDUM TO BE HELD STATEWIDE AT THE TIME OF THE 1996 GENERAL ELECTION ON THE QUESTION OF WHETHER SUNDAY WORK SHALL CONTINUE TO BE PROHIBITED, SUBJECT TO AN EMPLOYEE'S RIGHT TO ELECT NOT TO WORK ON SUNDAY, WITH RESULTS TO BE DETERMINED ON A COUNTY-BY-COUNTY BASIS AND THE PROHIBITION EXPIRING JANUARY 1, 1997, IN A COUNTY WITH A MAJORITY "NO" VOTE.
Reps. SIMRILL, HARRISON, JENNINGS and TUCKER objected to the Bill.
Rep. HUFF asked unanimous consent to recall S. 846 from the Committee on Ways and Means.
Rep. COOPER objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3135 -- Reps. Hodges, Tucker, Knotts, Inabinett, Baxley and Whatley: A BILL TO AMEND SECTION 23-28-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF RESERVE POLICE OFFICERS, SO AS TO AUTHORIZE THE CHIEF, WITH THE APPROVAL OF THE MUNICIPALITY, TO PROVIDE FOR THE COMPENSATION OF RESERVE POLICE OFFICERS.
Rep. HODGES explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
Reps. H. BROWN and FELDER made a statement relative to the Conference Committee on H. 3362, The General Appropriations Bill.
Rep. SHEHEEN moved to instruct the conferees to refuse to vote for any extension of burial of low level nuclear waste in South Carolina past the December 31, 1995, date on H. 3362 or any of the bills in the conference committee.
Rep. HASKINS raised the Point of Order that Rep. Sheheen's motion was out of order as there was nothing in the Rules that allowed for the motion to be made on the floor outside the Motion Period and the House was not in the Motion Period. He further stated that it was the same motion that had been made last year and that it could not be made as an advisory nature.
Rep. SHEHEEN stated, citing Page 7498 of the Journal from 1994, that the only Point Rep. Haskins had raised was about his substitute motion.
The SPEAKER stated that Rep. Sheheen had made the original motion last year and that Rep. Haskins tried to make a substitute motion and that Rep. Sheheen raised the Point of Order that the House was not in the Motion Period and that he had sustained the Point of Order. He further stated, citing Pages 7503-7504 of the Journal, that a similar Point had been made by Rep. Haskins when Rep. Sheheen tried to get a question voted on and Rep. Haskins raised the Point that the House was not in the Committee of the Whole and there was nothing in the Rules to permit the direction of the House. He further stated, citing Page 7505 of the Journal from last year, that the House was not in the Committee of the Whole and there was nothing in the Rules to permit what Rep. Sheheen had asked and he sustained the Point of Order.
Rep. SHEHEEN moved that the House resolve itself into a Committee of the Whole.
Rep. HASKINS stated that in accordance with Section 652 of Mason's that in order to go into the Committee of the Whole the purpose must be stated.
The SPEAKER sustained the Point of Order.
Rep. SHEHEEN moved to resolve into the Committee of the Whole for the purpose of discussing the General Appropriations Bill, Supplemental Appropriations Bill, the Carnell/Felder Bill, H. 3647, and the Capital Reserve Fund Bill.
Rep. A. YOUNG moved to table the motion.
Rep. SHARPE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Cave Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Harrell Harrison Haskins Herdklotz Huff Hutson Jaskwhich Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stuart Townsend Trotter Vaughn Waldrop Walker Wells Whatley White Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kirsh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Richardson Rogers Scott Sheheen Shissias Stille Stoddard Thomas Tucker Whipper, L. Whipper, S. Wilder Wilkes Williams
So, the motion to resolve into a Committee of the Whole was tabled.
Rep. SHEHEEN was recognized.
Rep. HASKINS raised the Point of Order that there was no question or report before the House and it was not debatable and therefore, the House should be back on the Calendar.
Rep. SHEHEEN argued contra the Point in stating that the Point of Order came too late as he had already been recognized to speak.
The SPEAKER stated that the Point did come too late as Rep. Sheheen had already been recognized and he overruled the Point of Order.
Rep. SHEHEEN made a statement relative to the Conference Committee on H. 3362, the General Appropriations Bill.
Rep. HASKINS made a statement relative to the Conference Committee on H. 3362, the General Appropriations Bill.
Rep. CAVE made a statement relative to the Conference Committee on H. 3362, the General Appropriations Bill.
Rep. HASKINS raised the Point of Order that the House should be back on the Calendar.
The SPEAKER stated that he had checked the precedents from last year and the House did get into a general discussion last year and no Point of Order was raised. He further stated that the Rules clearly allowed discussion on adoption of a conference report, but that there was not any precedent found allowing general discussion when the House was not on the Calendar. He further stated that if the House was on a conference report then the members would be allowed to speak for or against it, but on just a general status report from the conferees, there was nothing to allow general discussion by the membership for or against a particular issue unless the House went into a Committee of the Whole and he sustained the Point of Order.
Rep. SHEHEEN inquired about how was a conference committee member supposed to make a status report if no debate were allowed.
The SPEAKER stated that the House had received status reports in the past but he had only found one occasion where a general discussion by others than the conferees was allowed and that was last year when Rep. Haskins took the floor after Rep. Boan and no Point was raised.
Rep. HODGES inquired about addressing Barnwell and whether the only opportunity would be when the conference committee made a report.
The SPEAKER stated that if the conference committee proposed a report, then anyone for or against it would be able to speak. He further stated that it would be allowed if the House resolved itself into a Committee of the Whole.
Rep. HODGES moved that the House resolve itself into a Committee of the Whole for the purpose of advising the conferees specifically and only on the question of whether South Carolina should remove itself from the Southeastern Compact and open itself up to take waste from outside the southeastern states for nuclear waste fees.
Rep. A. YOUNG moved to table the motion.
Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Cave Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Harrell Haskins Herdklotz Huff Hutson Keegan Kelley Klauber Knotts Koon Law Limehouse Littlejohn Marchbanks Mason McAbee McCraw Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Smith, D. Smith, R. Stoddard Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Clyburn Cobb-Hunter Cromer Delleney Govan Hallman Harris, J. Harris, P. Hines Hodges Howard Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lanford Lloyd McElveen McMahand McTeer Meacham Moody-Lawrence Neal Richardson Rogers Scott Seithel Sheheen Shissias Simrill Spearman Stille Thomas Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the motion was tabled.
Rep. CAVE moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Carnell Cave Chamblee Cooper Delleney Felder Fleming Govan Klauber Lanford McAbee Phillips Robinson Sharpe Smith, D. Waldrop Whipper, L. Whipper, S.
Those who voted in the negative are:
Allison Anderson Askins Bailey Baxley Boan Brown, G. Brown, H. Byrd Cain Canty Cato Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Easterday Elliott Fair Fulmer Gamble Harrell Harris, J. Harris, P. Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Knotts Koon Law Limehouse Littlejohn Lloyd Marchbanks Mason McCraw McElveen McTeer Meacham Moody-Lawrence Neal Neilson Quinn Rhoad Rice Richardson Riser Sandifer Scott Seithel Sheheen Shissias Simrill Smith, R. Spearman Stoddard Stuart Thomas Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the House refused to adjourn.
The following was received.
Columbia, S.C., May 29, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 525:
S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. HASKINS moved to dispense with the Motion Period.
As a first substitute, Rep. SHEHEEN moved to instruct the conferees not to vote for the inclusion of any item which extends the low level nuclear deadline at Barnwell in the General Appropriations Bill or any accompanying bills.
As a second substitute, Rep. HUFF moved to dispense with the balance of the Motion Period.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Boan Brown, G. Brown, H. Cain Carnell Cato Cave Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Harris, P. Haskins Herdklotz Huff Keegan Kelley Klauber Knotts Koon Lanford Limehouse Littlejohn Marchbanks Mason McAbee McCraw Rhoad Rice Riser Robinson Sandifer Sharpe Smith, D. Smith, R. Stoddard Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Bailey Baxley Breeland Brown, T. Byrd Canty Clyburn Cobb-Hunter Cromer Govan Hallman Harris, J. Hines Hodges Hutson Inabinett Jennings Kennedy Keyserling Kinon Kirsh Law Lloyd McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Quinn Richardson Rogers Scott Seithel Sheheen Shissias Simrill Spearman Thomas Tucker Whipper, L. Whipper, S. White Wilder Williams Worley
So, the motion to dispense with the balance of the Motion Period was agreed to.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of the motion to recommit the Joint Resolution to the Judiciary Committee.
H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.
Rep. CROMER moved to table the motion.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Breeland Brown, J. Byrd Cave Cobb-Hunter Cotty Cromer Dantzler Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, P. Hines Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Lanford Law Limehouse Lloyd McAbee Neilson Richardson Riser Rogers Scott Seithel Sharpe Sheheen Shissias Spearman Stoddard Stuart Thomas Tucker Whatley Whipper, S. White Wilder Wilkes Williams Wofford Worley Young, A.
Those who voted in the negative are:
Anderson Boan Brown, G. Brown, H. Brown, T. Cain Canty Carnell Cato Chamblee Clyburn Cooper Davenport Delleney Easterday Elliott Fair Harris, J. Haskins Herdklotz Hodges Huff Hutson Kirsh Klauber Koon Littlejohn Marchbanks Mason McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Phillips Quinn Rhoad Rice Robinson Sandifer Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Waldrop Walker Wells Wilkins Witherspoon Young, J.
So, the motion to recommit was tabled.
Rep. KELLEY spoke in favor of the Joint Resolution.
Rep. CANTY spoke against the Joint Resolution.
Rep. KIRSH spoke against the Joint Resolution.
Rep. KNOTTS spoke in favor of the Joint Resolution.
The question then recurred to the passage of the Joint Resolution on second reading.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Breeland Brown, G. Byrd Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Elliott Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, P. Hines Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Knotts Lanford Law Limehouse Lloyd Mason McAbee Rhoad Richardson Riser Rogers Scott Seithel Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stoddard Stuart Thomas Tucker Vaughn Whatley Whipper, S. White Wilder Wilkes Williams Wofford Worley Young, A.
Those who voted in the negative are:
Anderson Boan Brown, H. Cain Canty Carnell Cato Cooper Davenport Delleney Easterday Fair Harris, J. Haskins Herdklotz Huff Kirsh Klauber Koon Littlejohn Marchbanks McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rice Sandifer Simrill Stille Tripp Trotter Waldrop Walker Wells Wilkins Witherspoon Young, J.
So, the Joint Resolution, having failed to receive the necessary two-thirds vote, was ordered to third reading.
I did not vote on the proposal for two (2) main reasons. First is I personally am opposed to a lottery. I do not want to vote in favor of a constitutional amendment allowing the establishment of a lottery. Also, I do not believe a lottery is a financial gain for the taxpayers, as the proponents claim. Notwithstanding my personal opinions, I believe the citizens of this State deserve an opportunity to vote on whether they want a lottery in order to settle this question once and for all (or at least for a while). I do favor a non-binding referendum-not a constitutional amendment-held under conditions in which the pro-lottery, moneyed interests are not able to unduly influence the outcome.
Rep. ALFRED B. ROBINSON, JR.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4253 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Stille and Tucker: A CONCURRENT RESOLUTION SALUTING NORMAN DEAN BANNISTER OF BELTON FOR HIS DEDICATED SERVICE TO LAW ENFORCEMENT AND THE STATE OF SOUTH CAROLINA AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT AS PUBLIC SAFETY CHIEF AT PATRICK B. HARRIS PSYCHIATRIC HOSPITAL.
H. 4255 -- Reps. J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION COMMENDING THE REVEREND JOSEPH W. ALLEY, PASTER OF COLLEGE PLACE UNITED METHODIST CHURCH IN COLUMBIA, FOR HIS DEDICATION TO HIS CHURCH MEMBERS AND FOR HIS CONTRIBUTIONS TO A BETTER WAY OF LIFE IN THE CAPITAL CITY, AND EXTENDING BEST WISHES TO HIM FOR HAPPINESS AND SUCCESS IN HIS NEW ASSIGNMENT.
H. 4256 -- Rep. Cain: A CONCURRENT RESOLUTION TO CONGRATULATE MR. TIM O. HALL, JR., PRESIDENT AND CHAIRMAN OF THE BOARD OF THE BLUE RIDGE BANK OF WALHALLA, UPON RECEIVING THE HALF-CENTURY AWARD FROM THE SOUTH CAROLINA BANKERS ASSOCIATION.
H. 4258 -- Reps. Harrell, Fulmer, Breeland and Inabinett: A CONCURRENT RESOLUTION TO RECOGNIZE MR. JOHN B. JOHNSTON, III, OF CHARLESTON UPON HIS UPCOMING INSTALLATION AS PRESIDENT OF THE NATIONAL RECREATION AND PARKS ASSOCIATION CITIZEN-BOARD MEMBER BRANCH AND TO COMMEND HIM FOR HIS CONTRIBUTIONS TO RECREATION IN CHARLESTON, IN SOUTH CAROLINA, AND IN THE NATION.
At 4:50 P.M. the House in accordance with the motion of Rep. JENNINGS adjourned in memory of Walter Wilson Brown, Jr. of Bennettsville, to meet at 10:00 A.M. tomorrow.
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