South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 215 . . . . . Thursday, January 14, 1999

Thursday, January 14, 1999
(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:

Eternal God, Whose love is renewed to us each morning and Whose presence is near all the day long, may our conduct and conversation be in accord with Your way and wishes. Teach us to work in the knowledge that tomorrow will be today's yesterday, and in that knowledge do our best today. Inspire us to seek always God's mighty purposes. May we find that purpose, and then strive always to fulfill it. Teach us to love fair play and a greater trust in God.
Thank You, Lord, for the privilege of prayer. 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.

REPORT RECEIVED

The following was received.

LIQUOR SALES STUDY COMMITTEE
REPORT OF THE COMMITTEE

Pursuant to Section 11, Act No. 434 of 1998, a study committee was created to examine state law relating to the transportation, possession, and consumption of alcoholic liquor in minibottles. The committee was also directed to examine the effects of the marketing and sale of malt liquor in containers of more than one liter. The committee consisted of eleven voting and seven non-voting members.
Voting members:
Senator John C. Land III, Chairman
Senator Glenn F. McConnell
Senator Maggie W. Glover


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Senator C. Bradley Hutto
Representative Douglas Jennings, Jr.
Representative Mark S. Kelley
Representative John L. Scott, Jr.
Representative Richard M. Quinn, Jr.
Mr. William B. Dukes
Ms. Martha S. Hunn
Mr. Craig M. Phillips

Non-voting members:
Mr. Harold D. Watson, MADD
Mr. Gary L. Turner, S.C. Department of Revenue
Mr. R. David Miller, T Bonz Restaurant Group
Ms. Cynthia R. Konduros, SLED
Ms. Beverly G. Hamilton, S.C. Department of Alcohol and Other Drug Abuse Services
Mr. David R. Jameson, Lexington-Richland Alcohol and Drug Abuse Council
Ms. Rachel D. Erwin, S.C. Department of Public Safety

The study committee met on September 9, 1998, at which time members of the committee directed staff to research several issues and formulate responses to be distributed by mail and discussed at a subsequent meeting. The study committee met again on November 10, 1998, at which time an informational packet prepared by staff was again distributed and reviewed, testimony was given by various persons, and an in-depth discussion ensued on issues such as taxation and public safety. The consensus of the committee was that the best interests of the citizens of South Carolina should be at the center of any decision. The committee also discussed the marketing and sale of malt liquor in containers of more than one liter and agreed that there should be no prohibition on the marketing and sale of malt liquor in containers of more than one liter.
A third meeting was held on January 7, 1999. Testimony was given and a discussion followed on taxation issues, mandatory bartender training, public safety issues, and the prohibition on the marketing and sale of malt liquor in containers of one liter or more.

RECOMMENDATIONS

The following recommendations were adopted by the Liquor Sales Study Committee on January 7, 1999:


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1. The study committee finds the funding for alcohol abuse prevention and treatment services through the minibottle tax, as a percentage of overall funding for these services, to have significantly diminished in terms of today's dollar. The study committee also finds the services to be highly effective and warrant not only the maintenance of the current funding level but also a substantial funding increase. Therefore, the study committee proposes that appropriate amendments be enacted to existing distilled spirits legislation that would significantly increase the funding level to the agencies and organizations established pursuant to Section 61-12-20. The study committee specifically recommends that the House Ways and Means and Senate Finance Committees determine a method for substantially increasing funding for the agencies and organizations established pursuant to Section 61-12-20 and to maintain a floor so that funding may not go lower than the present funding level.
2. Further, the study committee recommends that the House Ways & Means Committee and the Senate Finance Committee consider legislation that would allow the on-premise sale of alcoholic liquors to be dispensed either from a minibottle or by a free pour method. It is further recommended that the House Ways and Means Committee and the Senate Finance Committee devise a system of taxation for this dual method of dispensing alcohol that would provide appropriate funding for alcohol and drug abuse services.
3. Further, the study committee recommends that the Department of Alcohol and Other Drug Abuse Services develop a plan for the training of bartenders.
4. Finally, the study committee recommends that Section 16 of Act No. 434 be stricken so that there is no prohibition on the marketing and sale of malt liquor in containers of more than one liter 5.

Due to his limited tenure as a member of the study committee and because of the lack of a recommended tax structure, Representative Richard M. Quinn, Jr., did not participate in voting on the recommendations made in this report.

Due to a death in the family, Senator Glenn F. McConnell was unable to attend the third meeting and, therefore, did not participate in voting on the recommendations made in this report.

Except for the above abstentions, the study committee voted to adopt the recommendations made in this report.


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FINDINGS

After careful review of the alcohol beverage laws of various states, the study committee reports the following:

1. Laws related to the sale of distilled spirits by restaurants, hotels, and other on-premise retail establishments are incorporated in the Constitution of the State of South Carolina and will require a Constitutional Amendment passed by referendum of the people to change the type of on-premise method of dispensing alcoholic liquors currently in practice. These laws include the provision which requires on-premise retail establishments to sell distilled spirits in containers of two (2) ounces or less (commonly referred to as minibottles).
2. While other states allow restaurants to sell minibottles as well as pour from large bottles, South Carolina is the only state that requires the exclusive use of minibottles by on-premise retail establishments.
3. South Carolina is the only state using a licensed alcohol beverage system that requires on-premise retailers to purchase and pick-up liquor from retail liquor stores.
4. Currently, South Carolina taxes distilled spirits at a rate of $1.42 per liter for alcohol sold by off-premise retail stores and $5.94 per liter for minibottles sold by on-premise establishments. The additional taxes generated by the minibottle tax bring approximately $13.4 million in revenue to the State of South Carolina. Based upon fiscal year 1997-98, minibottle taxes generated $17.6 million. In fiscal year 1997-98, minibottles accounted for 14.6% of the total liters of alcoholic liquors sold.
5. Liquor taxes for off-premise retail liquor stores at $1.42 per liter are the seventh highest in the country, with Florida being the highest at $1.72 per liter. Liquor taxes for on-premise establishments at $5.94 per liter are the highest in the country, with Florida coming in second at $5.12 per liter and Oklahoma in third at $2.47 per liter. The Florida General Assembly repealed $3.40 per liter of the on-premise tax during the 1998 session, only to be vetoed by the Governor. The national average for on-premise liquor taxes is $1.27 per liter.
6. Several states have higher taxes imposed for the sale of on-premise alcohol, the vast majority of which are computed as higher sales taxes on mixed drinks. In South Carolina and North Carolina, on-


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7. premise retail establishments pay a higher alcoholic liquor tax. In North Carolina, the state operates the alcohol beverage distribution system. In Florida, on-premise establishments pay a per-ounce tax based on alcoholic liquor sold. Because the on-premise establishment may claim a deduction for sales tax, this system allows deception as retailers are given allowances for spillage and other waste of alcoholic liquors.
8. In approximately twenty-one (21) states where higher sales taxes are computed on mixed drink sales, state revenue agents are able to audit the system through normal sales and use tax audits. In North Carolina, higher taxes are paid at the wholesale level to the state.
9. In South Carolina, with on-premise establishments being required to purchase alcohol from Class B licensed retail liquor stores, a higher wholesale tax for on-premise licenses would be difficult to enforce and collect.
10. The South Carolina Department of Revenue presented to the study committee three methods to keep a potential change of on-premise alcohol service revenue neutral to the State. The methods included: (a) a sales tax of 4.25% on mixed drinks sold on-premises by restaurants and bars; (b) a wholesale tax of 7.75% on all alcohol sold to retailers, or (c) an increase of 66¢ per liter on all liquor sold through retail liquor stores. In addition to the Department's findings, some states have a relatively small additional percentage sales tax on all items sold by licensed on-premise establishments instead of a mixed drink sales tax.
11. Liquor tax collections in South Carolina, based on a flat per liter or per minibottle tax rate have been static for the past several years.
12. The Liquor Sales Study Committee recognizes that tax collection of per bottle liquor taxes is most effectively accomplished at the wholesale level. The committee also recognizes that twenty-one (21) states effectively collect higher on-premise liquor taxes as a higher on-premise mixed drink tax. 13.

Senator John C. Land III
Chairman of the Liquor Sales Study Committee

On motion of Rep. JENNINGS, with unanimous consent, the report was ordered printed in the Journal.


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REGULATION WITHDRAWN AND RESUBMITTED

Document No. 2257
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-104-20
Palmetto Fellows Scholarship: 1999-2000
Received by Speaker of the House of Representatives January 20, 1998
Referred to House Committee on Education and Public Works
Legislative Review Expiration February 3, 1999

CONCURRENT RESOLUTION

The following was introduced:

S. 308 (Word version) -- Senators Passailaigue, McConnell, Washington, Ford, Mescher, Ravenel, Branton, Grooms, Alexander, Anderson, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Giese, Glover, Gregory, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McGill, Moore, O'Dell, Patterson, Peeler, Rankin, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, and Wilson: A CONCURRENT RESOLUTION TO COMMEND AND THANK DR. JAMES B. EDWARDS UPON HIS RETIREMENT FOR HIS MANY YEARS OF DEDICATED SERVICE AS PRESIDENT OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND FOR HIS CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND TO THE NATION THROUGHOUT HIS CAREER.

Whereas, Dr. James B. Edwards is retiring as President of the Medical University of South Carolina, has served as President for sixteen years, and is known and widely respected for leading MUSC into unprecedented growth and prosperity; and

Whereas, he was President of his graduating class at the University of Louisville School of Dentistry; and

Whereas, Dr. Edwards was Chairman of the Charleston County Republican Party from 1964 until 1969; and

Whereas, beginning in 1968, he served for four years on the Statewide Committee for Comprehensive Health Care Planning; and


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Whereas, from 1970 until 1971 he was Chairman of the First Congressional District Republican Party; and

Whereas, Dr. Edwards was a member of the South Carolina Senate from 1972 until 1974; and

Whereas, he was elected South Carolina Governor in 1975 and was the first Republican Governor since Reconstruction; and

Whereas, in 1978 he was the Chairman of the Southern Governor's Conference; and

Whereas, Dr. Edwards served as U.S. Secretary of Energy under President Ronald Reagan from 1981 to 1982; and

Whereas, he became President of the Medical University of South Carolina in 1982; and

Whereas, he was awarded the Order of the Palmetto in 1994 by Gov. Carroll Campbell and inducted into the South Carolina Hall of Fame in 1997; and

Whereas, the members of the General Assembly, by this resolution, would like to publicly recognize and thank this outstanding South Carolinian for his loyal and dedicated service to the Medical University of South Carolina upon the occasion of his retirement and for his many other contributions as a political and community leader. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly hereby commend Dr. James B. Edwards for his exemplary service as President of the Medical University of South Carolina, and for his other outstanding contributions to the State of South Carolina, and further wish him the very best in his retirement.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


Printed Page 222 . . . . . Thursday, January 14, 1999

ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Brown T.               Campsen                Canty
Carnell                Cato                   Cave
Clyburn                Cobb-Hunter            Cooper
Dantzler               Delleney               Easterday
Edge                   Emory                  Fleming
Gamble                 Gilham                 Gourdine
Hamilton               Harrell                Harris
Harrison               Harvin                 Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Lanford                Law
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Quinn
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Sheheen                Smith D.               Smith J.
Smith R.               Spearman               Stille
Stuart                 Taylor                 Townsend
Trotter                Vaughn                 Walker
Webb                   Whipper                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell


Printed Page 223 . . . . . Thursday, January 14, 1999

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 14.

J. Gary Simrill                   Daniel L. Tripp
G. Ralph Davenport, Jr.           Bill Cotty
Harry R. Askins                   Thomas N. Rhoad
Fletcher N. Smith, Jr.            H. B. "Chip" Limehouse III
Jerry N. Govan, Jr.               Larry L. Koon

Total Present -120

DOCTOR OF THE DAY

Announcement was made that Dr. William H. "Bill" Hester of Florence is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED
Bill Number: H. 3024 (Word version)
Date: ADD:
01/14/99   CAMPSEN


Printed Page 224 . . . . . Thursday, January 14, 1999

CO-SPONSOR ADDED
Bill Number: H. 3067 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3108 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3133 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3154 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3155 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3156 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3185 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3202 (Word version)
Date: ADD:
01/14/99   CAMPSEN


Printed Page 225 . . . . . Thursday, January 14, 1999

CO-SPONSOR ADDED
Bill Number: H. 3232 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3233 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3238 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3153 (Word version)
Date: ADD:
01/14/99   CAMPSEN

CO-SPONSOR ADDED
Bill Number: H. 3179 (Word version)
Date: ADD:
01/14/99   LEACH

CO-SPONSOR ADDED
Bill Number: H. 3194 (Word version)
Date: ADD:
01/14/99   MCGEE

CO-SPONSOR ADDED
Bill Number: H. 3192 (Word version)
Date: ADD:
01/14/99   MCGEE

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Delleney, Easterday, Gamble,


Printed Page 226 . . . . . Thursday, January 14, 1999

Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, J. Smith, R. Smith, Tripp, Young-Brickell, Leach, Knotts, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Hinson, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen and Harris: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Referred to Committee on Labor, Commerce and Industry

ORDERED TO THIRD READING

The following Joint Resolution was taken up, read the second time, and ordered to a third reading:

H. 3264 (Word version) -- Reps. Young-Brickell, Chellis, Harrell, Bailey and Cobb-Hunter: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE SUMMERVILLE SCHOOL DISTRICT OR DORCHESTER COUNTY SCHOOL DISTRICT 2 IN DORCHESTER COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.


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H. 3264--ORDERED TO BE READ THIRD TIME TOMORROW
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, it was ordered that H.3264 be read the third time tomorrow.

SENT TO THE SENATE

The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate:

H. 3260 (Word version) -- Reps. Harrell, Seithel, Limehouse, Mack, Inabinett, Breeland, Chellis, Campsen and Whipper: A JOINT RESOLUTION TO PROVIDE THAT UP TO THREE SCHOOL DAYS MISSED BY STUDENTS OF THE CHARLESTON COUNTY SCHOOL DISTRICT IN CHARLESTON COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOLS WERE CLOSED DUE TO HURRICANE CONDITIONS OR DUE TO THEIR SCHOOLS BEING USED AS EVACUATION LOCATIONS DURING HURRICANE CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

H. 3277--QUESTIONS 1-15 ADOPTED

H. 3277 (Word version) -- Rules Committee: A HOUSE RESOLUTION TO AMEND THE RULES OF THE HOUSE OF REPRESENTATIVES, BY ADDING RULE 3.12 SO AS TO ESTABLISH A DRESS CODE FOR MEMBERS AND EMPLOYEES OF THE HOUSE, OTHER THAN PAGES; TO AMEND RULE 4.8, RELATING TO THE COMMITMENT OR RECOMMITMENT OF A BILL, REPORT, PETITION, OR OTHER PAPER BEFORE THE HOUSE, SO AS TO ADD CONCURRENT RESOLUTION TO THOSE INSTRUMENTS WHICH MAY BE AFFECTED BY THIS RULE AND DELETE THE REQUIREMENT THAT THE INSTRUMENT ORIGINATE IN THE HOUSE; TO AMEND RULE 4.13, RELATING TO PERSONS PERMITTED TO ADDRESS THE HOUSE AND INVITATIONS EXTENDED TO THE HOUSE, SO AS TO DELETE THE REQUIREMENT THAT INVITATIONS TO FUNCTIONS FOR THE HOUSE WOULD NOT BE ACCEPTED AFTER THE THIRD THURSDAY IN MAY; BY ADDING RULE 4.19 SO AS TO MAKE AVAILABLE ELECTRONICALLY A SUMMARY OF A BILL OR JOINT RESOLUTION, IF IT IS AVAILABLE, WHEN REPORTED


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OUT OF A COMMITTEE OF THE HOUSE AND REQUIRE A DISCLAIMER TO BE PRINTED WITH THE SUMMARY; TO AMEND RULE 5.3, RELATING TO GERMANENESS, SO AS TO PROVIDE THAT AN AMENDMENT TO AN APPROPRIATIONS BILL WHICH HAS THE EFFECT OF APPROPRIATING FUNDS IN EXCESS OF TEN MILLION DOLLARS DURING THE FISCAL YEAR SHALL INCLUDE WITHIN THE AMENDMENT THE CORRESPONDING REDUCTION OR REVENUE INCREASE, OR BOTH, WITHIN THE SAME SECTION THAT SHALL FULLY FUND THE AMENDMENT'S PROPOSED APPROPRIATION OR HAVE ATTACHED TO IT A WRITTEN EXPLANATION OF THE REVENUE REDUCTION OR INCREASE FROM THE DIFFERENT SECTION OR SECTIONS THAT SHALL FULLY FUND THE AMENDMENT'S PROPOSED APPROPRIATION; TO AMEND RULE 5.14, RELATING TO THE REQUIREMENT THAT NO REPORT OF A COMMITTEE ON CONFERENCE OR FREE CONFERENCE MAY BE CONSIDERED UNTIL THE REPORT HAS BEEN PRINTED IN THE HOUSE JOURNAL, SO AS TO ADD THE CAPITAL RESERVE FUND TO THE LIST OF EXCEPTIONS TO THIS RULE; TO AMEND RULE 6.1, RELATING TO THE TIMES THAT THE HOUSE SHALL MEET, SO AS TO REDUCE FROM THE FIRST SIX TO THE FIRST THREE WEEKS OF A LEGISLATIVE SESSION ON WEDNESDAYS THAT THE HOUSE IS REQUIRED TO MEET AT 2:00 P.M.; TO AMEND RULE 7.3, RELATING TO VOTING BY MEMBERS OF THE HOUSE, SO AS TO CHANGE THE TERMINOLOGY FOR VOTING ON THE ELECTRONIC VOTING BOARD; TO AMEND RULE 8.10, RELATING TO THE CALL FOR A DIVISION VOTE OF A QUESTION, SO AS TO CORRECT THE PHRASING WHICH ALLOWS THE SPEAKER TO DETERMINE IF A QUESTION IS DIVISIBLE; TO AMEND RULE 8.14, RELATING TO A MOTION TO RECONSIDER, SO AS TO PROVIDE THAT IF THE HOUSE IS UNDER SPECIAL ORDER TO TAKE UP A MOTION TO RECONSIDER THAT CONCERNS THE MATTER UNDER SPECIAL ORDER STATUS; TO AMEND RULE 9.4, SO AS TO REQUIRE THAT PROPOSED AMENDMENTS MUST BE TYPEWRITTEN AND IN PROPER FORMAT FOR THE COMPUTER SYSTEM, EXCEPT AS ALLOWED BY THE SPEAKER AT HIS DISCRETION; BY ADDING RULE 9.6 SO AS TO REQUIRE THAT PROPOSED AMENDMENTS TO LOCAL BILLS MAY NOT IMPACT, AFFECT, OR REFERENCE ANY

Printed Page 229 . . . . . Thursday, January 14, 1999

PORTION OF A COUNTY OTHER THAN THE COUNTY ORIGINALLY REFERENCED IN THE LOCAL BILL; TO AMEND RULE 10.1, RELATING TO PERSONS ADMITTED WITHIN THE HOUSE CHAMBER DURING A SESSION OF THE HOUSE, SO AS TO AUTHORIZE EACH STATEWIDE CONSTITUTIONAL OFFICER WITHIN THE CHAMBER, AND TO PROHIBIT A MEMBER OF THE PRESS FROM CONDUCTING AN INTERVIEW WITHIN THE HOUSE CHAMBER WHILE THE HOUSE IS IN SESSION; BY ADDING RULE 10.6 SO AS TO REQUIRE THAT LAPTOP COMPUTERS LOCATED IN THE HOUSE CHAMBER MAY NOT BE REMOVED FROM THE CHAMBER; TO AMEND RULE 10.7, RELATING TO THE PROHIBITION ON SMOKING, SO AS TO ADD THE USE OF TOBACCO PRODUCTS WITHIN THE PROHIBITION AND PROVIDE THAT THE CONSUMPTION OF FOOD IS NOT PERMITTED WITHIN THE HOUSE CHAMBER; AND BY DELETING RULE 10.10, RELATING TO MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF INFORMATION ACT.

Be it resolved by the House of Representatives:

(1)   That the Rules of the House are amended by adding:

"3.12   Members and employees of the House, other than pages, shall observe appropriate and dignified attire which means coat, trousers, shirt and tie for males and dress, skirt, slacks and blouse, or pants suits for females."

(2)   That Rule 4.8 of the Rules of the House is amended to read:

"4.8   Any bill, report, petition or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon. Provided, further, that the Speaker may, in his discretion, commit to a committee any bill, or joint resolution, or concurrent resolution, which originated in the House and was returned from the Senate with an amendment that has so materially changed the bill that the bill's contents, as amended by the Senate, are no longer substantially germane to the bill, or joint resolution, or concurrent resolution as it passed the House. Such bill, or joint resolution, or concurrent resolution may be reported out of the committee with its recommendation and shall be placed on the calendar


Printed Page 230 . . . . . Thursday, January 14, 1999

under second reading and proceed through the calendar. If not amended it shall be enrolled as an act and ratified. If said bill, or joint resolution, or concurrent resolution shall be amended, it shall be returned to the Senate at the conclusion of the process as a House amendment."

(3)   That the second paragraph of Rule 4.13 of the Rules of the House is amended to read:

"Any invitations extended to the House as a whole to attend any functions shall be submitted to the Committee on Invitations and Memorial Resolutions at least 10 days in advance in order that it may determine what legislation or other pertinent matters may be pending before the House and its committees before the invitation is accepted. The House shall accept no invitations to any functions other than a breakfast or luncheon prior to 6:00 p.m. Pages are not permitted to attend such functions. No invitations to functions for the House as a whole will be accepted after the third Thursday in May or during the week anticipated for the debate of the State Appropriations Bill."

(4)   That the Rules of the House are amended by adding:

"4.19   When a bill or resolution is reported out of a standing committee of the House of Representatives, a summary of the bill or resolution prepared by the staff of that committee, if such summary is available, may be made available to the members electronically. Each summary prepared by staff shall have the following language printed in bold capital letters at the top of the summary: 'THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT'."

(5)   That Rule 5.3 B. is amended to read:

"B.   Germaneness and Amendments: The General Appropriations Bill and Supplemental Appropriations Bills shall include only


Printed Page 231 . . . . . Thursday, January 14, 1999

provisions for appropriating funds, provisions affecting revenue, and rules, regulations, directives and procedures relative thereto; and no provision of an Appropriations Bill, and no amendment thereto, shall be in order unless its substantial effect is directly germane to these purposes. No provision shall be put in a permanent part of any such bill unless it relates directly to the purpose of an appropriation being made or revenue provided therein for the fiscal year referred to in the bill. An amendment which has the effect of appropriating funds in excess of ten million dollars during the fiscal year stated within the bill shall include within the amendment the corresponding appropriation reduction(s) and/or revenue increase(s) within the same section that shall fully fund the amendment's proposed appropriation(s) or have attached to it in writing an explanation of the appropriation reduction(s) and/or revenue increase(s) from the different section(s) that shall fully fund the amendment's proposed appropriation(s). The provisions of this paragraph shall be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriations Bill and Supplemental Appropriations Bills."

(6)   That Rule 5.14 of the Rules of the House is amended to read:

"5.14   No report of a Committee on Conference or Free Conference, except on a Sine Die Resolution, the General Appropriations Bill, the Supplemental Appropriations Bill, the Capital Reserve Fund, or local matters, shall be considered until such report has been printed in the House Journal and explained by the conferees on the floor of the House."

(7)   That the second paragraph of Rule 6.1 of the Rules of the House is amended to read:

"Provided, further, that during the first six three weeks of legislative sessions, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held."

(8)   That Rule 7.3(i) of the Rules of the House is amended to read:

"(i)   Each member must shall be issued one key electronic card by the Sergeant at Arms to activate the key lock on the voting console on his desk to operate the electronic voting system. That key card may


Printed Page 232 . . . . . Thursday, January 14, 1999

not be duplicated by the member nor may a duplicate be issued to a member. The key card must not be left in the key lock voting console at any time while the member is not within the outer doors of the Chamber. If a member loses his key card, a replacement will be issued by the Sergeant at Arms at the member's expense. If a member is temporarily without his key card while the House is in session, the Sergeant at Arms will provide a temporary key card to that member at the member's request for that day only, and that key card may not be removed from the House Chamber."

(9)   That Rule 8.10 of the Rules of the House is amended to read:

"8.10   Any member may without debate, call for the division of a question and the House may divide the question if the Speaker shall appear to comprehend determines the question so distinct that, one being taken away, the rest may stand entirely on its own."

(10)   That the first paragraph of Rule 8.14 of the Rules of the House is amended to read:

"8.14   When a question shall have been once decided in the affirmative or negative, any member who voted with the prevailing side may on the same day or the next day of the sitting of the House move for reconsideration thereof and the House if in session for statewide matters, shall immediately have the question of reconsideration before it except when Special Orders are being considered. If the House is not in session for statewide matters or have before it a matter under Special Order, it shall have the question of reconsideration before it as provided in Rule 6.3. Provided, that if the motion to reconsider concerns an amendment to the matter under Special Order, the House shall immediately have the question of reconsideration before it. If the House shall refuse to reconsider, or, upon reconsideration, shall affirm its first decision, no further motion shall be in order except by unanimous consent, provided, that once a motion to reconsider is made it may not be withdrawn except in the same day in which it was made."

(11)   That Rule 9.4 of the Rules of the House is amended to read:

"9.4   A proposed amendment shall be in order regardless of the number of changes proposed therein to the matter under debate,


Printed Page 233 . . . . . Thursday, January 14, 1999

provided such amendment is otherwise in order. Proposed amendments must be typewritten and in the proper format for the computer system except as allowed by the Speaker at his discretion."

(12)   That the Rules of the House are amended by adding:

"9.6   Proposed amendments to local bills may not impact, affect, or reference any portion of a county other than the county originally referenced in the local bill."

(13)   That the second paragraph of Rule 10.1 of the Rules of the House is amended to read:

"The present and former members and officers and present employees of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the Lieutenant Governor; each statewide constitutional officer; the present members, officers, and employees of the Senate; the present employees of the Legislative Council; dignitaries and the family of members designated by the Speaker, employees of the respective legislative delegations; the employees of legislative caucuses; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by any one except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking personal favors nor any former member who has filed as a candidate or is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the chamber without special leave of the House. Provided, that no member of the Press may conduct interviews within the House Chamber while the House is in session."

(14)   That the Rules of the House are amended by adding:

"10.6   Laptop computers located in the House Chamber may not be removed from the Chamber."

(15)   That Rule 10.7 of the Rules of the House is amended to read:

"10.7   No smoking or use of tobacco products is permitted in any area under the exclusive control of the House of Representatives unless


Printed Page 234 . . . . . Thursday, January 14, 1999

the area is otherwise designated a 'smoking area' by the Speaker. Smoking for purposes of this Rule includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment. Provided, further, that the consumption of food is not permitted within the House Chamber."

(16)   That the Rules of the House are amended by deleting Rule 10.10 in its entirety.

Rep. D. SMITH moved to divide the question, which was agreed to.

QUESTION 1--ADOPTED

(1)   That the Rules of the House are amended by adding:

"3.12   Members and employees of the House, other than pages, shall observe appropriate and dignified attire which means coat, trousers, shirt and tie for males and dress, skirt, slacks and blouse, or pants suits for females, unless otherwise excused by the Speaker in his sole discretion."

Rep. D. SMITH explained the question.
The question was adopted.

QUESTION 2--ADOPTED

(2)   That Rule 4.8 of the Rules of the House is amended to read:

"4.8   Any bill, report, petition or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon. Provided, further, that the Speaker may, in his discretion, commit to a committee any bill, or joint resolution, or concurrent resolution, which originated in the House and was returned from the Senate with an amendment that has so materially changed the bill that the bill's contents, as amended by the Senate, are no longer substantially germane to the bill, or joint resolution, or concurrent resolution as it passed the House. Such bill, or joint resolution, or concurrent resolution may be reported out of the committee with its recommendation and shall be placed on the calendar under second reading and proceed through the calendar. If not amended it shall be enrolled as an act and ratified. If said bill, or joint resolution, or concurrent resolution shall be amended, it shall be returned to the Senate at the conclusion of the process as a House amendment."


Printed Page 235 . . . . . Thursday, January 14, 1999

Rep. D. SMITH explained the question.
The question was adopted.

QUESTION 3--ADOPTED

(3)   That the second paragraph of Rule 4.13 of the Rules of the House is amended to read:

"Any invitations extended to the House as a whole to attend any functions shall be submitted to the Committee on Invitations and Memorial Resolutions at least 10 days in advance in order that it may determine what legislation or other pertinent matters may be pending before the House and its committees before the invitation is accepted. The House shall accept no invitations to any functions other than a breakfast or luncheon prior to 6:00 p.m. Pages are not permitted to attend such functions. No invitations to functions for the House as a whole will be accepted after the third Thursday in May or during the week anticipated for the debate of the State Appropriations Bill."

Rep. D. SMITH explained the question.
The question was adopted.

QUESTION 4--ADOPTED

(4)   That the Rules of the House are amended by adding:

"4.19   When a bill or resolution is reported out of a standing committee of the House of Representatives, a summary of the bill or resolution prepared by the staff of that committee, if such summary is available, may be made available to the members electronically. Each summary prepared by staff shall have the following language printed in bold capital letters at the top of the summary: 'THE BELOW CONSTITUTED SUMMARY IS PREPARED BY THE STAFF OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND IS NOT THE EXPRESSION OF THE LEGISLATION'S SPONSOR(S) OR THE HOUSE OF REPRESENTATIVES. IT IS STRICTLY FOR THE INTERNAL USE AND BENEFIT OF MEMBERS OF THE HOUSE OF REPRESENTATIVES AND IS NOT TO BE CONSTRUED BY A COURT OF LAW AS AN EXPRESSION OF LEGISLATIVE INTENT'."

Rep. D. SMITH explained the question.

The question was adopted.

QUESTION 5--ADOPTED

(5)   That Rule 5.3 B. is amended to read:


Printed Page 236 . . . . . Thursday, January 14, 1999

"B.   Germaneness and Amendments: The General Appropriations Bill and Supplemental Appropriations Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, directives and procedures relative thereto; and no provision of an Appropriations Bill, and no amendment thereto, shall be in order unless its substantial effect is directly germane to these purposes. No provision shall be put in a permanent part of any such bill unless it relates directly to the purpose of an appropriation being made or revenue provided therein for the fiscal year referred to in the bill. An amendment which has the effect of appropriating funds in excess of ten million dollars during the fiscal year stated within the bill shall include within the amendment the corresponding appropriation reduction(s) and/or revenue increase(s) within the same section that shall fully fund the amendment's proposed appropriation(s) or have attached to it in writing an explanation of the appropriation reduction(s) and/or revenue increase(s) from the different section(s) that shall fully fund the amendment's proposed appropriation(s). The provisions of this paragraph shall be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriations Bill and Supplemental Appropriations Bills."

Rep. D. SMITH explained the question.

Rep. SHEHEEN spoke against the question.

Rep. D. SMITH spoke in favor of the question.

LEAVES OF ABSENCE

The SPEAKER granted Reps. HARRIS and JENNINGS a leave of absence for the remainder of the day due to a trial before an Administrative Law Judge for citizens of Haire Town.

Rep. D. SMITH continued speaking.

Rep. SCOTT spoke against the question.

Rep. SHEHEEN moved to recommit the question to the Rules Committee.

POINT OF ORDER

Rep. D. SMITH raised the Point of Order that once a question is divided for debate, each question must be disposed of before the motion to recommit can be made.
Rep. SHEHEEN argued that the House had divided the question, which in effect created 15 different questions to be considered and that


Printed Page 237 . . . . . Thursday, January 14, 1999

in accordance with House Rule 8.10, Question 5 was the only question under debate.
Speaker WILKINS sustained the Point of Order and ruled the motion to recommit out of order.

Rep. SHEHEEN moved to table the question.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 51; Nays 65

Those who voted in the affirmative are:

Allen                  Bailey                 Bales
Battle                 Bowers                 Breeland
Brown G.               Brown T.               Canty
Carnell                Cave                   Clyburn
Cobb-Hunter            Delleney               Emory
Gourdine               Govan                  Harvin
Hayes                  Hines J.               Hines M.
Inabinett              Jennings               Kennedy
Kirsh                  Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Ott                    Parks
Phillips               Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Smith F.               Smith J.               Stille
Whipper                Wilder                 Wilkes

Total--51

Those who voted in the negative are:

Allison                Altman                 Askins
Barfield               Barrett                Bauer
Beck                   Brown H.               Brown J.
Campsen                Cato                   Cooper
Cotty                  Dantzler               Davenport
Easterday              Edge                   Fleming
Gamble                 Gilham                 Hamilton
Harrell                Harrison               Hawkins

Printed Page 238 . . . . . Thursday, January 14, 1999

Hinson                 Keegan                 Kelley
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 Mason
McGee                  Meacham                Neilson
Quinn                  Rice                   Riser
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith D.
Smith R.               Spearman               Stuart
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--65

So, the House refused to table the question.
The question then recurred to the adoption of the question, which was agreed to.

QUESTION 6--ADOPTED

(6)   That Rule 5.14 of the Rules of the House is amended to read:

"5.14   No report of a Committee on Conference or Free Conference, except on a Sine Die Resolution, the General Appropriations Bill, the Supplemental Appropriations Bill, the Capital Reserve Fund, or local matters, shall be considered until such report has been printed in the House Journal and explained by the conferees on the floor of the House."

Rep. D. SMITH explained the question.

The question was adopted.

QUESTION 7--ADOPTED

(7)   That the second paragraph of Rule 6.1 of the Rules of the House is amended to read:

"Provided, further, that during the first six three weeks of legislative sessions, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held."


Printed Page 239 . . . . . Thursday, January 14, 1999

Rep. D. SMITH explained the question.

The question was adopted.

QUESTION 8--ADOPTED

(8)   That Rule 7.3(i) of the Rules of the House is amended to read:

"(i)   Each member must shall be issued one key electronic card by the Sergeant at Arms to activate the key lock on the voting console on his desk to operate the electronic voting system. That key card may not be duplicated by the member nor may a duplicate be issued to a member. The key card must not be left in the key lock voting console at any time while the member is not within the outer doors of the chamber. If a member loses his key card, a replacement will be issued by the Sergeant at Arms at the member's expense. If a member is temporarily without his key card while the House is in session, the Sergeant at Arms will provide a temporary key card to that member at the member's request for that day only, and that key card may not be removed from the House Chamber."

Rep. D. SMITH explained the question.

The question was adopted.

QUESTION 9--ADOPTED

(9)   That Rule 8.10 of the Rules of the House is amended to read:

"8.10   Any member may without debate, call for the division of a question and the House may divide the question if the Speaker shall appear to comprehend determines the question so distinct that, one being taken away, the rest may stand entirely on its own."

Rep. D. SMITH explained the question.
The question was adopted.

QUESTION 10--ADOPTED

(10)   That the first paragraph of Rule 8.14 of the Rules of the House is amended to read:

"8.14   When a question shall have been once decided in the affirmative or negative, any member who voted with the prevailing side may on the same day or the next day of the sitting of the House move for reconsideration thereof and the House if in session for statewide matters, shall immediately have the question of reconsideration before it except when Special Orders are being considered. If the House is not in session for statewide matters or have


Printed Page 240 . . . . . Thursday, January 14, 1999

before it a matter under Special Order, it shall have the question of reconsideration before it as provided in Rule 6.3. Provided, that if the motion to reconsider concerns an amendment to the matter under Special Order, the House shall immediately have the question of reconsideration before it. If the House shall refuse to reconsider, or, upon reconsideration, shall affirm its first decision, no further motion shall be in order except by unanimous consent, provided, that once a motion to reconsider is made it may not be withdrawn except in the same day in which it was made."

Rep. D. SMITH explained the question.

The question was adopted.

QUESTION 11--ADOPTED

(11)   That Rule 9.4 of the Rules of the House is amended to read:

"9.4   A proposed amendment shall be in order regardless of the number of changes proposed therein to the matter under debate, provided such amendment is otherwise in order. Proposed amendments must be typewritten and in the proper format for the computer system except as allowed by the Speaker at his discretion."

Rep. D. SMITH explained the question.

Rep. W. MCLEOD spoke against the question.

Rep. HOWARD spoke against the question.

The question was adopted by a division vote of 51 to 47.

QUESTION 12--ADOPTED

(12)   That the Rules of the House are amended by adding:

"9.6   Proposed amendments to local bills may not impact, affect, or reference any portion of a county other than the county originally referenced in the local bill."

Rep. D. SMITH explained the question.

The question was adopted.

QUESTION 13--ADOPTED

(13)   That the second paragraph of Rule 10.1 of the Rules of the House is amended to read:

"The present and former members and officers and present employees of the House of Representatives; the members of the Press


Printed Page 241 . . . . . Thursday, January 14, 1999

as designated by the Speaker of the House of Representatives; the Governor; the Lieutenant Governor; each statewide constitutional officer; the present members, officers, and employees of the Senate; the present employees of the Legislative Council; dignitaries and the family of members designated by the Speaker, employees of the respective legislative delegations; the employees of legislative caucuses; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by any one except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking personal favors nor any former member who has filed as a candidate or is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the Chamber without special leave of the House. Provided, that no member of the Press may conduct interviews within the House Chamber while the House is in session."

Rep. D. SMITH explained the question.
The question was adopted.

QUESTION 14--ADOPTED

(14)   That the Rules of the House are amended by adding:

"10.6   Laptop computers located in the House Chamber may not be removed from the Chamber."

Rep. D. SMITH explained the question.

The question was adopted.

QUESTION 15--ADOPTED

(15)   That Rule 10.7 of the Rules of the House is amended to read:

"10.7   No smoking or use of tobacco products is permitted in any area under the exclusive control of the House of Representatives unless the area is otherwise designated a 'smoking area' by the Speaker. Smoking for purposes of this Rule includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment. Provided, further, that the consumption of food is not permitted within the House Chamber."

Rep. D. SMITH explained the question.
Rep. MEACHAM spoke against the question.


Printed Page 242 . . . . . Thursday, January 14, 1999

ACTING SPEAKER CATO IN CHAIR

Rep. WILKINS spoke in favor of the question.

SPEAKER IN CHAIR

Rep. RHOAD spoke against the question.
Rep. MEACHAM moved to table the question.

The House refused to table the question by a division vote of 35 to 70.
The question was then adopted.

QUESTION 16--ADOPTED

(16)   That the Rules of the House are amended by deleting Rule 10.10 in its entirety.

Rep. D. SMITH explained the question.
Rep. SHEHEEN spoke against the question.
The question then recurred to the adoption of the question.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 61; Nays 53

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Brown H.               Brown J.               Campsen
Cato                   Cooper                 Dantzler
Davenport              Easterday              Edge
Emory                  Fleming                Gilham
Hamilton               Harrell                Harrison
Hawkins                Hinson                 Keegan
Kelley                 Klauber                Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Maddox                 Martin
Mason                  McGee                  Meacham
Quinn                  Rice                   Riser
Rodgers                Sandifer               Seithel

Printed Page 243 . . . . . Thursday, January 14, 1999

Sharpe                 Simrill                Smith D.
Smith R.               Stuart                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--61

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown T.               Canty
Carnell                Cave                   Clyburn
Cobb-Hunter            Cotty                  Delleney
Gamble                 Gourdine               Harvin
Hayes                  Hines J.               Hines M.
Howard                 Inabinett              Jennings
Kennedy                Kirsh                  Knotts
Lloyd                  Lourie                 Mack
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Sheheen                Smith F.               Smith J.
Spearman               Stille                 Whipper
Wilder                 Wilkes

Total--53

So, the question was adopted.

MOTION TO RECONSIDER TABLED

Rep. ASKINS moved to reconsider the vote whereby Question 5 was adopted.
Rep. SIMRILL moved to table the motion to reconsider.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 62; Nays 51


Printed Page 244 . . . . . Thursday, January 14, 1999

Those who voted in the affirmative are:
Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Brown H.               Campsen                Cato
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Fleming                Gamble                 Gilham
Hamilton               Harrell                Harrison
Hawkins                Hinson                 Keegan
Kelley                 Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
Mason                  McGee                  Meacham
Neilson                Quinn                  Rice
Riser                  Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith D.               Smith R.               Spearman
Stille                 Stuart                 Taylor
Townsend               Tripp                  Vaughn
Walker                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--62

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown J.               Brown T.
Canty                  Carnell                Cave
Clyburn                Cobb-Hunter            Delleney
Emory                  Gourdine               Govan
Harvin                 Hayes                  Hines J.
Hines M.               Howard                 Inabinett
Jennings               Kirsh                  Lee
Lloyd                  Lourie                 Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott

Printed Page 245 . . . . . Thursday, January 14, 1999

Sheheen                Smith F.               Smith J.
Whipper                Wilder                 Wilkes

Total--51

So, the motion to reconsider was tabled.

MOTION ADOPTED

Rep. WOODRUM moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3274 (Word version) -- Reps. Carnell, Klauber, Parks, Stille, Wilder, Taylor, W. McLeod, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, Campsen, Canty, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, D. Smith, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, F. Smith, Fleming, G. Brown, Gamble, Gilham, Gourdine, Govan, H. Brown, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, Hinson, Howard, Inabinett, J. Brown, J. Hines, J. Smith, Jennings, Keegan, Kelley, Kennedy, Kirsh, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, M. Hines, M. McLeod, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Quinn, R. Smith, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, Spearman, Stuart, T. Brown, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THE PALMETTO STATE'S MOST PROMINENT AND RESPECTED LEADERS, THE HONORABLE WILLIAM TOWNES JONES III, A FORMER MEMBER OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND FORMER SOLICITOR OF THE EIGHTH JUDICIAL CIRCUIT.


Printed Page 246 . . . . . Thursday, January 14, 1999

ADJOURNMENT

At 11:58 A. M. the House in accordance with the motion of Rep. WOODRUM, adjourned to meet at 10:00 A.M. tomorrow.

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