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 1010, Feb. 26 | Printed Page 1031, Feb. 27 |
Printed Page 1020 . . . . . Tuesday, February 27, 1996


STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 27.
Gilda Cobb-Hunter                  June S. Shissias
Grady A. Brown                     Douglas E. McTeer, Jr.
Michael F. Jaskwhich               William F. Cotty
Wilbur L. Cave                     John G. Felder
Alma W. Byrd                       H.B. Limehouse III
George H. Bailey                   William D. Keyserling
Marion P. Carnell                  Larry L. Elliott
Jackson S. Whipper                 Patrick B. Harris
Ralph W. Canty                     Theodore A. Brown
G. Ralph Davenport, Jr.            L. Morgan Martin
C. Alex Harvin III                 Jerry N. Govan, Jr.
Douglas Jennings, Jr.              William D. Boan
Robert J. Sheheen

Total Present--122

LEAVES OF ABSENCE

The SPEAKER granted Rep. SHEHEEN a temporary leave of absence.

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

DOCTOR OF THE DAY

Announcement was made that Dr. Woodrow Long of Greenville is the Doctor of the Day for the General Assembly.

RETURNED TO THE SENATE WITH AMENDMENT

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

S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.

S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED

Printed Page 1021 . . . . . Tuesday, February 27, 1996
UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.

S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.

SENT TO THE SENATE

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

H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 1022 . . . . . Tuesday, February 27, 1996
CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.

H. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 4600--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 4600

GENERAL APPROPRIATION BILL

IA

SECTION 3B--AMENDED AND ADOPTED

Debate was resumed on Section 3B.

Printed Page 1023 . . . . . Tuesday, February 27, 1996
Rep. KIRSH proposed the following Amendment No. 22 (Doc Name P:\amend\dc.17), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3b, House of Representatives, page 11, line 24, opposite /Unclass Leg Misc (P)/ by decreasing the amounts in columns (5) and (6) by /61,293/;

Amend further, line 25, by decreasing the FTE's in columns (5) and (6) by /(2.00)/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Reps. WALDROP and SCOTT spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 53; Nays 46

Those who voted in the affirmative are:

Askins               Brown, H.            Cain
Cato                 Chamblee             Cooper
Cotty                Cromer               Dantzler
Easterday            Fleming              Fulmer
Harrell              Harrison             Haskins
Herdklotz            Howard               Jaskwhich
Kelley               Kirsh                Klauber
Knotts               Koon                 Law
Limbaugh             Littlejohn           Loftis
Marchbanks           Mason                Meacham
Rice                 Richardson           Robinson
Sandifer             Sharpe               Simrill
Smith, D.            Smith, R.            Stille
Stuart               Thomas               Tripp
Trotter              Vaughn               Walker
Wells                Wilkins              Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell

Total--53
Printed Page 1024 . . . . . Tuesday, February 27, 1996
Those who voted in the negative are:
Anderson             Bailey               Breeland
Brown, G.            Brown, J.            Cave
Clyburn              Cobb-Hunter          Delleney
Gamble               Govan                Hallman
Harris, J.           Hines, J.            Hines, M.
Hutson               Inabinett            Jennings
Keegan               Kennedy              Kinon
Lanford              Lee                  Lloyd
McAbee               McCraw               McKay
McMahand             Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Riser                Scott                Seithel
Shissias             Stoddard             Tucker
Waldrop              Whatley              Whipper, L.
White                Wilder               Wilkes
Williams

Total--46

So, the amendment was adopted.

Rep. TUCKER proposed the following Amendment No. 97 (Doc Name P:\amend\ta.12), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3B, Legislative Department, page 10, line 32, opposite /Unclass. Leg. Misc (P)/ by decreasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . . 90,522. . . . . 90,522

. . . . .( ). . . . .( )/

Renumber sections and amend totals/title to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

Reps. KIRSH and SIMRILL proposed the following Amendment No. 60 (Doc Name P:\amend\dc.12), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3b, House of Representatives, page 10, line 23, opposite /Unclass Leg Misc (P)/ by decreasing the amounts in columns (5) and (6) by $43,094;

Printed Page 1025 . . . . . Tuesday, February 27, 1996
Amend further, line 24, by decreasing the FTE's in columns (5) and (6) by (1.00);

Amend further, line 25, opposite /Unclass Leg Misc (TP)/ by decreasing the amounts in columns (5) and (6) by /6,000/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. McABEE spoke against the amendment and moved to table the amendment.

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

Yeas 47; Nays 56

Those who voted in the affirmative are:

Anderson             Bailey               Breeland
Brown, G.            Brown, J.            Byrd
Cave                 Chamblee             Clyburn
Cobb-Hunter          Govan                Harrell
Harris, J.           Hines, J.            Hines, M.
Hodges               Inabinett            Jaskwhich
Jennings             Keegan               Kennedy
Kinon                Klauber              Lee
McAbee               McCraw               McMahand
McTeer               Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Riser                Shissias             Stille
Stoddard             Townsend             Trotter
Tucker               Waldrop              Whatley
Whipper, L.          White                Wilder
Wilkes               Williams

Total--47

Those who voted in the negative are:

Allison              Askins               Cain
Cato                 Cooper               Cotty
Cromer               Dantzler             Delleney
Easterday            Fleming              Fulmer
Gamble               Hallman              Harrison
Haskins              Herdklotz            Kelley
Printed Page 1026 . . . . . Tuesday, February 27, 1996
Kirsh                Knotts               Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Lloyd
Loftis               Marchbanks           Mason
McKay                Meacham              Quinn
Rice                 Richardson           Robinson
Sandifer             Scott                Sharpe
Simrill              Smith, D.            Smith, R.
Spearman             Stuart               Thomas
Tripp                Vaughn               Walker
Wells                Wilkins              Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell

Total--56

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

AMENDMENT NO. 26--TABLED

Debate was resumed on Amendment No. 26, which was proposed on Monday, February 26, by Rep. KIRSH.

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

Section 3B as amended was adopted.

SECTION 6A--ADOPTED

Debate was resumed on Section 6A.

Section 6A was adopted.

SECTION 11--ADOPTED

Debate was resumed on Section 11.

Rep. QUINN explained the section.

Section 11 was adopted.

SECTION 18A--ADOPTED

Debate was resumed on Section 18A.

Printed Page 1027 . . . . . Tuesday, February 27, 1996
Reps. HODGES and McTEER proposed the following Amendment No. 46 (Doc Name P:\amend\tmr.3), which was tabled.

Amend the bill, as and if amended, Part IA, Section 18A, Commission on Higher Education, page 94, immediately after line 32 by inserting new lines to read:

/. . . . .COLUMN 5. . . . .COLUMN 6

Quality. . . . .3,000,000. . . . .3,000,000

Formula

Funding. . . . .51,500,000. . . . .51,500,000/

Renumber sections and amend totals/title to conform.

Rep. McTEER explained the amendment.

Rep. HALLMAN spoke against the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. STILLE spoke against the amendment.

Rep. STILLE spoke against the amendment.

Rep. McELVEEN spoke in favor of the amendment.

Rep. HALLMAN spoke against the amendment and moved to table the amendment.

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

Yeas 68; Nays 46

Those who voted in the affirmative are:

Allison              Bailey               Brown, H.
Cain                 Cato                 Chamblee
Cooper               Cotty                Dantzler
Delleney             Easterday            Elliott
Felder               Fleming              Fulmer
Hallman              Harrell              Harrison
Haskins              Herdklotz            Hutson
Keegan               Kelley               Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Mason
McKay                Meacham              Quinn
Rice                 Riser                Robinson
Sandifer             Seithel              Sharpe
Simrill              Smith, D.            Smith, R.
Printed Page 1028 . . . . . Tuesday, February 27, 1996
Spearman             Stille               Stuart
Thomas               Townsend             Tripp
Trotter              Vaughn               Waldrop
Walker               Wells                Whatley
Wilkins              Williams             Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell

Total--68

Those who voted in the negative are:

Anderson             Askins               Breeland
Brown, G.            Brown, J.            Brown, T.
Byrd                 Canty                Carnell
Cave                 Clyburn              Cobb-Hunter
Cromer               Govan                Harris, J.
Harris, P.           Hines, J.            Hines, M.
Hodges               Howard               Inabinett
Jennings             Keyserling           Lee
Lloyd                McAbee               McCraw
McElveen             McMahand             McTeer
Moody-Lawrence       Neal                 Neilson
Phillips             Rhoad                Richardson
Rogers               Scott                Shissias
Stoddard             Tucker               Whipper, L.
Whipper, S.          White                Wilder
Wilkes

Total--46

So, the amendment was tabled.

Section 18A was adopted.

RECORD FOR NOT VOTING

As a part-time employee of the University of South Carolina, I did not vote on Amendment #46, Section 18.

Rep. MARGARET GAMBLE

SECTION 19--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on Section 19.

Printed Page 1029 . . . . . Tuesday, February 27, 1996
Rep. COTTY proposed the following Amendment No. 103 (Doc Name P:\amend\cj.4), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 167, immediately after line 4 by inserting a new line to read:

/. . . . .COLUMN 5. . . . .COLUMN 6

S.C. Geographic

Alliance USC. . . . .40,000. . . . .40,000/

Renumber sections and amend totals/title to conform.

Rep. COTTY explained the amendment.

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

Rep. KIRSH proposed the following Amendment No. 28 (Doc Name P:\amend\cj.10), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 170, immediately after line 18 by inserting a new line to read:

/. . . . .COLUMN 5. . . . .COLUMN 6

Alternative Schooling. . . . .$5,000,000/. . . . .

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 178, line 9, opposite /Local School Innovation Funds/ by decreasing the amount(s) in Column 5 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .5,000,000/

. . . . .( ). . . . .( )

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. HARRELL spoke against the amendment and moved to table the amendment.

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

Yeas 65; Nays 48

Those who voted in the affirmative are:

Allison              Askins               Brown, H.
Cain                 Carnell              Cato
Chamblee             Cooper               Cotty
Printed Page 1030 . . . . . Tuesday, February 27, 1996
Cromer               Dantzler             Davenport
Easterday            Felder               Fleming
Fulmer               Gamble               Hallman
Harrell              Harrison             Haskins
Herdklotz            Hutson               Jaskwhich
Keegan               Kelley               Klauber
Knotts               Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McAbee               McKay
Meacham              Quinn                Rhoad
Rice                 Riser                Robinson
Sandifer             Seithel              Simrill
Smith, D.            Smith, R.            Spearman
Stuart               Townsend             Tripp
Trotter              Vaughn               Walker
Wells                Whatley              Wilkins
Witherspoon          Wofford              Worley
Young                Young-Brickell

Total--65

Those who voted in the negative are:

Anderson             Breeland             Brown, G.
Brown, J.            Brown, T.            Byrd
Canty                Cave                 Clyburn
Cobb-Hunter          Delleney             Elliott
Govan                Harris, J.           Harris, P.
Hines, J.            Hines, M.            Hodges
Howard               Inabinett            Jennings
Keyserling           Kinon                Kirsh
Lee                  Lloyd                McCraw
McElveen             McMahand             McTeer
Moody-Lawrence       Neal                 Neilson
Phillips             Richardson           Rogers
Scott                Shissias             Stille
Stoddard             Thomas               Tucker
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Williams

Total--48
Printed Page 1031 . . . . . Tuesday, February 27, 1996
So, the amendment was tabled.

| Printed Page 1010, Feb. 26 | Printed Page 1031, Feb. 27 |
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