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 5030, June 13 | Printed Page 5050, June 26 |

Printed Page 5040 . . . . . Thursday, June 13, 1996

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Holland, Hayes and Courtney of the Committee of Free Conference on the part of the Senate on H. 4434:

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4434:


Printed Page 5041 . . . . . Thursday, June 13, 1996

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.
Very respectfully,
President

Received as information.

H. 4434--FREE CONFERENCE POWERS REJECTED

Rep. MARTIN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.

The yeas and nays were taken resulting as follows:

Yeas 65; Nays 29

Those who voted in the affirmative are:

Allison              Askins               Bailey
Beck                 Breeland             Brown, G.
Brown, H.            Brown, J.            Brown, T.
Byrd                 Cain                 Cato
Cave                 Clyburn              Cromer
Dantzler             Delleney             Felder
Fleming              Fulmer               Gamble
Harrell              Harris, J.           Harvin
Hines, J.            Howard               Inabinett
Jaskwhich            Jennings             Kelley
Keyserling           Kinon                Knotts

Printed Page 5042 . . . . . Thursday, June 13, 1996

Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Lloyd                Martin               Mason
McKay                Neilson              Rhoad
Richardson           Riser                Rogers
Scott                Sharpe               Sheheen
Smith, D.            Smith, R.            Stille
Stoddard             Stuart               Townsend
Wells                Whipper, S.          White
Wilkins              Witherspoon          Wofford
Wright               Young

Total--65

Those who voted in the negative are:

Carnell              Cotty                Davenport
Easterday            Hodges               Hutson
Kennedy              Kirsh                Littlejohn
Loftis               Marchbanks           McAbee
McCraw               McElveen             Meacham
Moody-Lawrence       Phillips             Quinn
Rice                 Sandifer             Seithel
Shissias             Simrill              Tripp
Trotter              Waldrop              Walker
Wilder               Wilkes               

Total--29

So, Free Conference Powers were rejected.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY


Printed Page 5043 . . . . . Thursday, June 13, 1996

ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
Very respectfully,
President

Received as information.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5103 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXTENDING THE SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF DR. GREG BAIRD OF ANDERSON COUNTY WHO DIED ON JUNE 10, 1996.

H. 5104 -- Reps. Witherspoon, T. Brown, Keegan, Kelley, Martin, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser,


Printed Page 5044 . . . . . Thursday, June 13, 1996

Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE HAROLD G. WORLEY OF HORRY COUNTY FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON HIS DECISION NOT TO SEEK RE-ELECTION TO THE HOUSE.

H. 5105 -- Reps. T. Brown, Keegan, Kelley, Witherspoon, Worley, Allison, Anderson, Askins, Bailey, Baxley, Beck, Boan, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Mason, McAbee, 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, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Wofford, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE L. MORGAN MARTIN OF HORRY COUNTY, OUR DISTINGUISHED COLLEAGUE AND FRIEND, FOR HIS SIX YEARS OF OUTSTANDING LEGISLATIVE SERVICE TO THE PEOPLE OF SOUTH CAROLINA AND WISHING HIM CONTINUED SUCCESS IN HIS CAREER.


Printed Page 5045 . . . . . Thursday, June 13, 1996

ADJOURNMENT

At 5:00 P.M. the House in accordance with the motion of Rep. WHATLEY adjourned in memory of Franklin E. West of North Charleston and in accordance with H. 5041, the Sine Die Adjournment Resolution, adjourned to meet on Wednesday, June 26 in Statewide Session, at 11:00 A.M.

* * *

Printed Page 5046 . . . . . Wednesday, June 26, 1996

Wednesday, June 26, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

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

As we move towards the last activities of this Session, we come, Lord, in the awareness of how precious is this time. We, therefore, seek Your guidance to use our every God-given moment carefully and wisely. Keep us focused on doing Your will as we, with hands joined, walk and work as partners together.

May Your never failing presence be within us to refresh us, above us to bless us, around us to protect us, before us to lead us, and beneath us to hold us up. So soon, now, we will go our separate ways. Wherever we go, whatever we do, may our relationship with our God be not as a spare tire, but as a steering wheel always.

The Lord bless us and keep us, now and forever. 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 Thursday, June 13, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. YOUNG-BRICKELL moved that when the House adjourns, it adjourn in memory of Robert E. Atkinson of Summerville, which was agreed to.


Printed Page 5047 . . . . . Wednesday, June 26, 1996

COMMITTEE APPOINTMENT

The following was received.

OFFICE OF THE SPEAKER

OF THE HOUSE OF REPRESENTATIVES

June 18, 1996
The Honorable Scott Beck
22 Rapids Ct.
N. Augusta, S.C. 29841

Dear Scott:

It is with pleasure that I appoint you to the House Agriculture, Natural Resources and Environmental Affairs Committee effective immediately.

I know that you will serve this committee with great honor and distinction. If you have any questions, please do not hesitate to contact me.

Sincerely,
David H. Wilkins

Received as information.

RESIGNATION

The following was received.

HOUSE OF REPRESENTATIVES

STATE OF SOUTH CAROLINA

July 10, 1996
The Honorable David H. Wilkins
Speaker of the House of Representatives
P.O. Box 11867
Columbia, S.C. 29211

Dear Speaker Wilkins:

I am advised that my appointment to the Public Service Authority's Board of Directors (Santee-Cooper) is effective July 10, 1996.

Please consider this correspondence as my resignation from the S.C. House of Representatives as the Representative for House District 3, Pickens County, effective this date.

Sincerely,
Claude V. Marchbanks

Received as information.


Printed Page 5048 . . . . . Wednesday, June 26, 1996

ROLL CALL

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

Allison              Anderson             Bailey
Baxley               Beck                 Boan
Breeland             Brown, G.            Brown, H.
Brown, J.            Byrd                 Cain
Cato                 Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Felder               Gamble               Govan
Hallman              Harrell              Harris, J.
Harris, P.           Haskins              Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Jennings             Keegan               Kelley
Kennedy              Keyserling           Kinon
Kirsh                Knotts               Koon
Lanford              Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Marchbanks           Mason
McAbee               McCraw               McElveen
McKay                McMahand             Meacham
Neal                 Neilson              Phillips
Rhoad                Rice                 Richardson
Riser                Robinson             Sandifer
Scott                Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stuart               Townsend             Tripp
Trotter              Vaughn               Waldrop
Walker               Wells                Whatley
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Wilkins
Williams             Witherspoon          Wofford
Wright               Young                Young-Brickell

Printed Page 5049 . . . . . Wednesday, June 26, 1996

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, June 26. Michael F. Jaskwhich Timothy F. Rogers Ronald C. Fulmer James S. Klauber C. Alex Harvin III Eugene C. Stoddard Richard M. Quinn, Jr. Ronald N. Fleming Theodore A. Brown

Total Present--111

LEAVES OF ABSENCE

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

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

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

R. 520, H. 4600--GOVERNOR'S VETO RECEIVED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 19, 1996
The Honorable David H. Wilkins
Speaker of the House of Representatives
P.O. Box 11867
Columbia, S.C. 29211

Dear Mr. Speaker and Members of the House:

I am returning H. 4600, R. 520, the 1996-1997 Appropriations Act, with vetoes.

Part IA

Part IA, Section 17B, B&C-Division of Operations, page 67, line 40, -OTHER PERSONAL SERVICE 30,000. This veto is necessary to comply with balanced budget requirements and offsets my veto of Section 64 in Part II.

Part IB

Part IB, Section 11, Attorney General's Office, page 407, proviso 11.10. - I am vetoing this proviso because it eliminates a resource directed to support investigation and prosecution of insurance fraud.


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