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

Page Finder Index

| Printed Page 3500, May 16 | Printed Page 3520, May 17 |

Printed Page 3510 . . . . . Tuesday, May 16, 1995

Rep. HODGES explained the amendment.

Rep. J. YOUNG moved to table the amendment, which was agreed to.

Rep. HODGES proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\DKA\4034CM.95), which was tabled.

Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215, SECTION 1, page 3730-3, by adding an appropriately lettered subsection to read:

/A permit holder must carry liability insurance of not less than one hundred thousand dollars to protect the permit holder against tort liability arising from the misuse of a concealed weapon./

Renumber subsections to conform.

Amend title to conform.

Rep. HODGES moved to table the amendment, which was agreed to.

Rep. CLYBURN proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\PT\2021AC.95), which was tabled.

Amend the bill, as and if amended, Section 23-31-215(L), page 3730-5, by deleting line 29 and inserting:

/law;

(12) church, synagogue, or other place of religious worship./

Renumber sections to conform.

Amend title to conform.

Rep. J. YOUNG moved to table the amendment, which was agreed to.

Reps. WILKES and CROMER proposed the following Amendment No. 35 (Doc Name L:\council\legis\amend\DKA\4025CM.95), which was tabled.

Amend the Report of the Committee on Judiciary, as and if amended, Section 23-31-215(L), SECTION 1, page 3730-5, by striking line 29 and inserting:

/law;

(12) wrestling match;

(13) little league baseball game;

(14) Department of Revenue and Taxation driver's license waiting line;

(15) United States Post Office; or

(16) supermarket express lane./


Printed Page 3511 . . . . . Tuesday, May 16, 1995

Amend further, Section 23-31-215, SECTION 1, page 3730-3, by adding an appropriately lettered subsection to read:

/( ) A license issued pursuant to this section shall not authorize a licensee to carry a concealed weapon:

(1) into an after Thanksgiving Day sale;

(2) into a person's former spouse's attorney's office;

(3) while experiencing premenstrual syndrome; or

(4) while wearing an article of clothing displaying the Confederate Flag or a facsimile of the flag./

Renumber items and reletter subsections to conform.

Amend title to conform.

Rep. WILKES explained the amendment.

Rep. J. YOUNG moved to table the amendment, which was agreed to.

Rep. KEYSERLING proposed the following Amendment No. 24 (Doc Name L:\council\legis\amend\DKA\3961CM.95), which was tabled.

Amend the Report of the Committee on Judiciary, as and if amended, by striking Section 23-31-215(L)(6), SECTION 1, page 3730-5, beginning on line 18.

Renumber items to conform.

Amend title to conform.

Rep. KEYSERLING explained the amendment.

Rep. J. YOUNG moved to table the amendment, which was agreed to.

Rep. SHEHEEN spoke against the Bill.

Rep. HASKINS spoke in favor of the Bill.

Rep. McMAHAND spoke against the Bill.

Rep. SIMRILL spoke in favor of the Bill.

Reps. SHEHEEN, ALLISON, ANDERSON, ASKINS, BAILEY, BAXLEY, BOAN, BREELAND, G. BROWN, H. BROWN, BYRD, CAIN, CARNELL, CATO, COTTY, CROMER, DANTZLER, DELLENEY, EASTERDAY, FAIR, FULMER, GAMBLE, GOVAN, HARRELL, J. HARRIS, P. HARRIS, HARRISON, HASKINS, HERDKLOTZ, HINES, HUFF, HUTSON, INABINETT, JENNINGS, KELLEY, KENNEDY, KEYSERLING, KINON, KLAUBER, KOON, LANFORD, LIMBAUGH, LLOYD, MARTIN, MASON, McCRAW, McELVEEN, McMAHAND, McTEER, MEACHAM, NEAL, NEILSON, QUINN, RHOAD, RICE, RICHARDSON, RISER, ROBINSON,


Printed Page 3512 . . . . . Tuesday, May 16, 1995

ROGERS, SANDIFER, SEITHEL, SHISSIAS, SIMRILL, D. SMITH, R. SMITH, SPEARMAN, STILLE, STODDARD, STUART, THOMAS, TRIPP, TROTTER, TUCKER, VAUGHN, WALDROP, WALKER, WELLS, WHATLEY, WILDER, WILKES, WILKINS, WITHERSPOON, WORLEY, WRIGHT, A. YOUNG and J. YOUNG proposed the following Amendment No. 36, which was adopted.

AMEND THE BILL, AS AND IF AMENDED, SECTION 23-31-215 (L) BY STRIKING SECTION (10) AND SUBSTITUTING THE FOLLOWING:

(10) ANY PREMISES LICENSED BY THE DEPARTMENT OF REVENUE AND TAXATION FOR THE CONSUMPTION OF ALCOHOL, BEER OR WINE.

Rep. J. YOUNG explained the amendment.

The amendment was then adopted.

Reps. MARTIN, WILKES and McELVEEN spoke against the Bill.

The question then recurred to the passage of the Bill, as amended, on second reading.

Pursuant to Rule 7.7, the Yeas and Nays were taken resulting as follows:

Yeas 80; Nays 29

Those who voted in the affirmative are:

Allison          Askins           Bailey
Baxley           Brown, H.        Cain
Carnell          Cato             Chamblee
Cooper           Cotty            Cromer
Dantzler         Delleney         Easterday
Fair             Fleming          Fulmer
Gamble           Hallman          Harrell
Harris, J.       Harrison         Harvin
Haskins          Herdklotz        Hodges
Huff             Hutson           Jennings
Kelley           Kinon            Kirsh
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Mason
McAbee           McCraw           McKay
Meacham          Neilson          Quinn


Printed Page 3513 . . . . . Tuesday, May 16, 1995

Rhoad            Rice             Richardson
Riser            Robinson         Rogers
Sandifer         Seithel          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stuart           Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, S.      Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--80

Those who voted in the negative are:

Anderson         Beatty           Breeland
Brown, J.        Byrd             Canty
Cave             Govan            Harris, P.
Hines            Howard           Inabinett
Kennedy          Keyserling       Lloyd
Marchbanks       Martin           McElveen
McMahand         McTeer           Moody-Lawrence
Scott            Sheheen          Thomas
White            Wilder           Wilkes
Williams         Worley

Total--29

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

PAIRED

Neal (Present) Nay

Brown, G. (Absent) Aye

RECORD FOR JOURNAL

I desire the journal to reflect I was absent today for several roll call votes on H. 3730 because I was attending a judicial screening hearing for Judge Rogers. I serve as vice chairman for the Joint Judicial Screening Committee and my presence at the hearing was necessary.

Rep. F.G. DELLENEY, JR.


Printed Page 3514 . . . . . Tuesday, May 16, 1995

RECORD FOR JOURNAL

Due to personal business I had to leave the House before the vote on second reading. If I had been in attendance I would have voted for H. 3730.

Rep. WILLIAM D. BOAN

RECORD FOR JOURNAL

I was in Judicial Screening when the vote was taken on H. 3730. Had I been present, I would have voted against the Bill.

Rep. GILDA COBB-HUNTER

Rep. J. BROWN moved that the House do now adjourn, which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4206 -- Rep. Rice: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND DR. AND MRS. HAROLD B. SIGHTLER OF GREENVILLE COUNTY ON THE HAPPY OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY, MAY 11, 1995, AND COMMENDING BOTH OF THESE WONDERFUL PEOPLE FOR THEIR MANY CONTRIBUTIONS TO THEIR CHURCH AND COMMUNITY OVER THE YEARS.

H. 4207 -- Reps. Tucker, Rogers, Harrison and Hodges: A CONCURRENT RESOLUTION CONGRATULATING BRIAN A. COMER OF ANDERSON ON WINNING THE 1995 ALGERNON SYDNEY SULLIVAN AWARD AT THE UNIVERSITY OF SOUTH CAROLINA.

H. 4208 -- Reps. Spearman, Clyburn and McAbee: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEOPLE OF SALUDA COUNTY ON CELEBRATING ITS ONE HUNDREDTH ANNIVERSARY AND FOR ITS PAST ENDEAVORS AND BEST WISHES FOR A FUTURE FILLED WITH THE SAME STRONG SPIRIT THAT LED THE EARLY SETTLERS TO ENDURE HARDSHIP IN ORDER TO MAKE A HOME AND MAINTAIN THEIR FREEDOM IN THE BOUNTIFUL LAND NOW KNOWN AS SALUDA COUNTY.


Printed Page 3515 . . . . . Tuesday, May 16, 1995

H. 4210 -- Rep. Cave: A CONCURRENT RESOLUTION RECOGNIZING AND APPLAUDING THE HEROIC EFFORTS OF THE MEN AND WOMEN OF ALLENDALE COUNTY AND THE SURROUNDING COMMUNITIES FOR RESCUING AND PROVIDING MEDICAL TREATMENT, FOOD, AND SHELTER TO THE PASSENGERS AND CREW MEMBERS ABOARD THE AMTRAK SILVER STAR WHICH DERAILED IN ALLENDALE COUNTY ON MAY 2, 1995.

H. 4211 -- Reps. Carnell, McAbee, Klauber, Stille, Wilkins, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JAMES C. SELF, JR., OF GREENWOOD COUNTY AND EXTENDING DEEPEST SYMPATHY TO THE MEMBERS OF HIS FAMILY AND HIS MANY FRIENDS.

H. 4212 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Stille and Tucker: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THOMAS EUGENE MILES OF ANDERSON COUNTY UPON HIS RECENT DEATH.


Printed Page 3516 . . . . . Tuesday, May 16, 1995

ADJOURNMENT

At 5:40 P.M. the House in accordance with the motion of Rep. KELLEY adjourned in memory of James Frances Keegan of Wisconsin, brother of Rep. KEEGAN, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 3517 . . . . . Wednesday, May 17, 1995

Wednesday, May 17, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

We thank You, Lord God, that You are surely to be found by those who love You, and heard by those who hush the chatter of the world and in quietness listen with trustful hearts. Forbid that when great opportunities are flaming before us that we should be blinded by the smoke of our own selfish campfires. When great challenges beckon us, save us from giving ourselves to the dead past. May the world be better tomorrow because we have lived and worked today.

And to You, Father God, we give our praise and thanksgiving. 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 yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. COTTY moved that when the House adjourns, it adjourn in memory of W. Leslie Robertson of Columbia, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 16, 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. 547:
S. 547 -- Senator Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 15, TITLE 56 SO AS TO PROVIDE REQUIREMENTS


Printed Page 3518 . . . . . Wednesday, May 17, 1995

FOR WHOLESALE MOTOR VEHICLE AUCTIONS AND FOR WHOLESALE MOTOR VEHICLE AUCTION LICENSE PLATES.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL GUARD IN DRUG INTERDICTION, COUNTERDRUG ACTIVITIES, AND DEMAND REDUCTION ACTIVITIES.

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.

SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4167 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS HIGHER EDUCATION COMMISSION, SO AS TO INCREASE IT FROM SEVEN TO NINE MEMBERS, AND REQUIRE THE TWO ADDITIONAL MEMBERS RESIDE IN UNION COUNTY.

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.


Printed Page 3519 . . . . . Wednesday, May 17, 1995

S. 602--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 16, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 602:
S. 602 -- Senators Short, Jackson, Gregory and Giese: A BILL TO AMEND SECTION 34-29-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RECORDS AND REPORTS OF RESTRICTED LENDERS, BY ADDING INFORMATION REQUIRED TO BE REPORTED IN THE ANNUAL REPORT MADE BY RESTRICTED LENDERS; TO AMEND SECTION 34-29-140 OF THE 1976 CODE, RELATING TO CHARGES PERMITTED TO RESTRICTED LENDERS, SO AS TO REVISE THE FINANCE CHARGES AND TO PROVIDE LIMITATIONS ON LOAN RENEWALS; TO AMEND SECTION 37-1-301 OF THE 1976 CODE, RELATING TO DEFINITIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO ADD A DEFINITION FOR "DEBT COLLECTOR"; TO AMEND SECTION 37-1-303 OF THE 1976 CODE, RELATING TO THE INDEX OF DEFINITIONS IN TITLE 37, SO AS TO ADD "DEBT COLLECTOR"; TO AMEND SECTION 37-3-201 OF THE 1976 CODE, RELATING TO LOAN FINANCE CHARGES FOR SUPERVISED LOANS, SO AS TO PROVIDE THAT SUPERVISED LOANS NOT EXCEEDING SIX HUNDRED DOLLARS SHALL BE MADE IN ACCORDANCE WITH SECTION 34-29-140 RELATING TO FINANCE CHARGES FOR RESTRICTED LOANS; TO AMEND SECTION 37-3-305 OF THE 1976 CODE, RELATING TO THE POSTING AND FILING OF MAXIMUM RATE SCHEDULES BY SUPERVISED LENDERS, SO AS TO PROVIDE THAT FOR LOANS NOT EXCEEDING SIX HUNDRED DOLLARS, A RATE MAY NOT BE POSTED WHICH EXCEEDS THE CHARGES IMPOSED IN SECTION 34-29-140; TO AMEND SECTION 37-3-505 OF THE 1976 CODE, RELATING TO RECORDS AND ANNUAL REPORTS FOR SUPERVISED LENDERS, SO AS TO ADD INFORMATION REQUIRED TO BE INCLUDED IN THE ANNUAL REPORT OF SUPERVISED LENDERS; TO AMEND PART 5, CHAPTER 3, TITLE 37 OF THE 1976 CODE, BY ADDING SECTION 37-3-515 SO AS TO PROVIDE A LIMITATION ON LOAN RENEWALS; TO AMEND SECTION 37-5-108 OF THE 1976 CODE, RELATING TO UNCONSCIONABILITY UNDER THE CONSUMER


Printed Page 3520 . . . . . Wednesday, May 17, 1995

PROTECTION CODE, BY ADDING PARTICULAR CIRCUMSTANCES WHICH CONSTITUTE UNCONSCIONABILITY AND PROVIDING REMEDIES; TO AMEND SECTION 37-6-117 OF THE 1976 CODE, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES OF THE ADMINISTRATION OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO REQUIRE THE ADMINISTRATION TO DEVISE A PAMPHLET FOR DISTRIBUTION TO CERTAIN CONSUMERS INFORMING THEM OF THEIR RIGHTS; AND TO AMEND SECTION 37-9-102 OF THE 1976 CODE, RELATING TO THE LICENSURE ELECTION, SO AS TO PROVIDE THAT CERTAIN SUPERVISED LENDERS MAY ELECT TO BE RESTRICTED LENDERS.
Very respectfully,
President


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