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

Page Finder Index

| Printed Page 250, Jan. 18 | Printed Page 270, Jan. 23 |

Printed Page 260 . . . . . Thursday, January 18, 1996

OBJECTION TO MOTION

Rep. YOUNG-BRICKELL asked unanimous consent that H. 3909 be read a third time tomorrow.

Rep. BAXLEY objected.

H. 3843--CONTINUED

The following Bill was taken up.

H. 3843 -- Reps. Cromer, J. Brown and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3910 SO AS TO PROHIBIT PERSONS UNDER FIFTEEN YEARS OF AGE FROM STANDING OR SITTING IN THE OPEN BED OF A PICKUP TRUCK OR TRAILER UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE PENALTIES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4019CM.95).

Amend the bill, as and if amended, Section 56-5-3910(C), SECTION 1, page 1, line 33, by striking /twenty-five hundred/ and inserting:

/ one thousand /

Amend title to conform.


Printed Page 261 . . . . . Thursday, January 18, 1996

Rep. J. BROWN explained the amendment.

Rep. RHOAD spoke against the amendment.

Rep. RHOAD moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:

Yeas 76; Nays 28

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Baxley               Boan
Brown, G.            Brown, H.            Cain
Cato                 Cave                 Chamblee
Cobb-Hunter          Cooper               Dantzler
Davenport            Delleney             Easterday
Elliott              Felder               Fleming
Govan                Hallman              Harris, J.
Harrison             Harvin               Herdklotz
Hutson               Inabinett            Jennings
Kennedy              Keyserling           Kinon
Kirsh                Klauber              Knotts
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Lloyd
Marchbanks           Martin               McAbee
McCraw               Meacham              Moody-Lawrence
Phillips             Quinn                Rhoad
Richardson           Riser                Sandifer
Sharpe               Sheheen              Smith, R.
Spearman             Stille               Stoddard
Tripp                Trotter              Tucker
Vaughn               Walker               Wells
Whatley              Whipper, S.          Wilder
Wilkes               Wilkins              Witherspoon
Wofford              Worley               Wright
Young-Brickell

Total--76

Those who voted in the negative are:

Breeland             Brown, J.            Byrd
Clyburn              Cotty                Cromer
Gamble               Harrell              Haskins

Printed Page 262 . . . . . Thursday, January 18, 1996

Hines, J.            Hines, M.            Howard
Jaskwhich            Keegan               Kelley
Koon                 Lee                  Mason
McMahand             McTeer               Neal
Rice                 Robinson             Scott
Seithel              Shissias             Simrill
Stuart               

Total--28

So, the Bill was continued.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4450 -- Reps. Harvin, Kennedy and T. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF LOUISE GANTT WIEHRS OF KINGSTREE AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.

H. 4451 -- Rep. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING BATH FIRST BAPTIST CHURCH ON ITS ONE HUNDREDTH ANNIVERSARY.

H. 4456 -- Reps. Cromer, Quinn and Sheheen: A CONCURRENT RESOLUTION CONGRATULATING ST. PETER'S CATHOLIC CHURCH OF COLUMBIA ON THE OCCASION OF ITS ONE HUNDRED SEVENTY-FIFTH ANNIVERSARY.

ADJOURNMENT

At 11:30 A.M. the House in accordance with the motion of Rep. COTTY adjourned in memory of James E. Georgaklis of Columbia, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 263 . . . . . Friday, January 19, 1996

Friday, January 19, 1996

(Local 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:

Our Father in Heaven, the Source of all good things, make us glad and grateful for the many evidences of Your presence all around. Let Your blessings follow us this day and all the days of our lives. Guide and govern us in Your wisdom that in all the cares and occupations of our daily lives we may never forget You, but remember that we are walking and working in Your sight. Stir us to serve You more faithfully and to live with You more devotedly.

We pray to our God Who is altogether holy. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

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

H. 4329 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Hutson, Cain, Shissias, T. Brown, J. Brown, Harvin, Carnell, Rogers, Scott, Meacham and Clyburn: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING IN CONJUNCTION WITH THE CENTER OF HEALTH POLICY, INSTITUTE OF PUBLIC AFFAIRS, UNIVERSITY OF SOUTH CAROLINA, TO EVALUATE AND STUDY OPTIONS FOR CONSUMER FINANCING OF LONG-TERM CARE AND TO REPORT AND MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY.

H. 4361 -- Reps. P. Harris, Waldrop, Neilson, Lanford, Inabinett, Keyserling, Cain, Shissias, T. Brown, J. Brown, Jennings, Harvin, Carnell, Rogers and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-36-325 SO AS TO DIRECT THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO DEVELOP A GRANT PROGRAM TO ASSIST WITH PROBLEMS RELATIVE TO


Printed Page 264 . . . . . Friday, January 19, 1996

THIS DISEASE AND TO REQUIRE THE GRANT RECIPIENT TO PROVIDE MATCHING FUNDS OR IN-KIND CONTRIBUTIONS.

ADJOURNMENT

At 10:15 A.M. the House in accordance with the ruling of Speaker adjourned to meet at 12:00 Noon, Tuesday, January 23.

* * *


Printed Page 265 . . . . . Tuesday, January 23, 1996

Tuesday, January 23, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

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

Another week, another opportunity to serve! We are grateful, Lord, that the same God Who blessed us last week and all the days of our lives is here to be our Guide and Companion. Give us faith to believe, knowing that faith is the eye to see God, the hand to cling to Him and a receiving will to apply Him in all that we do. So with our hands in Yours, cause us to move forward confident in the knowledge that life is not a problem to be solved, but a gift to be enjoyed. Inspire us to do all that we can and trust God to do what we cannot.

And to You, O Lord, 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. FLEMING moved that when the House adjourns, it adjourn in memory of former Rep. James Morris Arthur of Union, which was agreed to.

REPORT RECEIVED

REPORT BY CLERK OF THE HOUSE OF SALE OF 1995

SOUTH CAROLINA LEGISLATIVE MANUAL

In accordance with the action taken by the General Assembly on April 9, 1963, and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:


Printed Page 266 . . . . . Tuesday, January 23, 1996

Cash on Hand. . . . .$ 10.00

Total number of Manuals sold

from May 24, 1995, to January 17,

1996, 2,904 @ $5.00 each.. . . . . 14,520.00

Total. . . . .$14,530.00

Accounting:

Cash on Hand. . . . .$ 10.00

Cash Deposited in State's

General Fund. . . . . 14,520.00

Total. . . . .$14,530.00

Sandra K. McKinney
Clerk of the House
January 17, 1996

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 18, 1996
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. 879:

S. 879 -- Senators Martin and Alexander: A BILL TO AMEND SECTION 7-7-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS FOR PICKENS COUNTY, SO AS TO CONSOLIDATE THE UNIVERSITY PRECINCT AND THE FORT HILL PRECINCT IN PICKENS COUNTY INTO A SINGLE PRECINCT ENTITLED THE "FORT HILL" PRECINCT.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4477 -- Reps. Stille, J. Hines, Wilder, Simrill, Sandifer, Kirsh, Meacham, Easterday, Allison, Neilson, Herdklotz, Walker, Cotty,


Printed Page 267 . . . . . Tuesday, January 23, 1996

Shissias, Cromer, Klauber, Fleming, Baxley, Trotter, Wells, Davenport, Littlejohn, McMahand, Stuart, Witherspoon, Williams, Dantzler, McCraw, Marchbanks and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-6245 SO AS TO PROVIDE THAT THE MOTOR VEHICLE DRIVEN BY A PERSON WHO IS NOT A LICENSED DRIVER OR WHOSE LICENSE TO DRIVE HAS BEEN CANCELED, SUSPENDED, OR REVOKED MUST BE IMPOUNDED UNDER CERTAIN CIRCUMSTANCES AND TO PROVIDE THAT THE COST ASSOCIATED WITH IMPOUNDING THE MOTOR VEHICLE MUST BE BORNE BY THE DRIVER.

Referred to Committee on Education and Public Works.

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 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.

Referred to Committee on Ways and Means.

H. 4479 -- Reps. Vaughn, Seithel, J. Brown, Hutson, Hallman, Allison, Koon, Cotty, Fleming, Rhoad, Robinson, Fulmer, Cain, Kelley,


Printed Page 268 . . . . . Tuesday, January 23, 1996

Meacham, Spearman, Young-Brickell, Cato, Klauber, Quinn, Stuart, Whatley, Limbaugh, M. Hines, Chamblee, Byrd, Rice, P. Harris, Knotts, Walker, Cooper, Sharpe, Littlejohn, Simrill, Witherspoon, Waldrop, R. Smith, Wells, Riser, Gamble, Townsend, Cromer, Dantzler, Stille, Baxley, Trotter, J. Young, Wofford, Rogers, Thomas, Easterday, Mason, Elliott, Haskins, Tripp, Keegan and Davenport: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 15 TO ARTICLE XVII SO AS TO ESTABLISH A SPECIFIED PROCEDURE FOR THE ENACTMENT OR REPEAL OF LAWS AND CONSTITUTIONAL AMENDMENTS BY INITIATIVE PETITION OR REFERENDUM AND PROVIDE EXCEPTIONS.

Referred to Committee on Judiciary.

H. 4480 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-1767, SO AS TO AUTHORIZE THE RUNNING OF COYOTES WITH DOGS FOR PURPOSES OF TRAINING THE DOGS IN A PRIVATE ENCLOSED FOX-HUNTING-DOG-TRAINING FACILITY.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4481 -- Reps. Lee, Allison, Wells, Walker and Littlejohn: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 75 SO AS TO PROVIDE FOR THE ISSUANCE OF GIRL SCOUT LICENSE PLATES.

Referred to Committee on Education and Public Works.

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


Printed Page 269 . . . . . Tuesday, January 23, 1996

APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 4482 -- Rep. D. Smith: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG HIGH SCHOOL ON WINNING THE 1995 CLASS AAAA, DIVISION 1 STATE FOOTBALL CROWN.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

On motion of Rep. D. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 4483 -- Rep. D. Smith: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SPARTANBURG HIGH SCHOOL FOOTBALL TEAM, COACHES, SUPPORT STAFF, AND SCHOOL OFFICIALS, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING THE TEAM'S ACCOMPLISHMENTS, INCLUDING ITS CAPTURING OF THE 1995 CLASS AAAA, DIVISION 1 STATE TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Spartanburg High School football team, coaches, support staff, and school officials, on a date and at a time to be determined by the Speaker, for the purpose of recognizing the team's accomplishments, including its capturing of the 1995 Class AAAA, Division 1 state title.

The Resolution was adopted.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison              Anderson             Bailey
Boan                 Breeland             Brown, H.
Brown, T.            Cain                 Cato
Cave                 Cobb-Hunter          Cooper

Printed Page 270 . . . . . Tuesday, January 23, 1996

Cromer               Dantzler             Delleney
Easterday            Felder               Fulmer
Gamble               Govan                Hallman
Harrell              Harris, J.           Harris, P.
Harrison             Haskins              Herdklotz
Hines, J.            Hodges               Howard
Hutson               Inabinett            Keegan
Kelley               Keyserling           Kirsh
Klauber              Knotts               Koon
Lanford              Lee                  Limbaugh
Limehouse            Littlejohn           Lloyd
Marchbanks           Mason                McCraw
McKay                McMahand             McTeer
Moody-Lawrence       Neal                 Neilson
Quinn                Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Scott                Seithel
Sharpe               Sheheen              Smith, D.
Smith, R.            Spearman             Stille
Stuart               Thomas               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
Whipper, S.          White                Wilder
Wilkins              Williams             Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell       

| Printed Page 250, Jan. 18 | Printed Page 270, Jan. 23 |

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