Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 5780, May 10 | Printed Page 5800, May 10 |

Printed Page 5790 . . . . . Tuesday, May 10, 1994

RULE 3.9 INVOKED

Rep. ROGERS moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

RULE 3.9 RESCINDED

Rep. GONZALES moved to rescind Rule 3.9.

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

Yeas 64; Nays 31

Those who voted in the affirmative are:

Allison          Anderson         Bailey, G.
Baker            Beatty           Breeland
Brown, H.        Brown, J.        Byrd
Cato             Chamblee         Clyborne
Cooper           Corning          Fulmer
Gamble           Gonzales         Govan
Hallman          Harrell          Harrison

Printed Page 5791 . . . . . Tuesday, May 10, 1994

Haskins          Huff             Hutson
Inabinett        Jaskwhich        Keegan
Kelley           Kennedy          Klauber
Lanford          Law              Littlejohn
Marchbanks       McMahand         Neal
Quinn            Richardson       Riser
Robinson         Scott            Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Stille
Stone            Stuart           Sturkie
Townsend         Trotter          Vaughn
Walker           Wells            Whipper
Wilder, D.       Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.

Total--64

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, J.       Barber           Baxley
Boan             Cromer           Delleney
Harrelson        Harris, J.       Hodges
Holt             Houck            Jennings
Keyserling       Kirsh            Martin
Mattos           McAbee           McCraw
McElveen         Neilson          Rogers
Rudnick          Sheheen          Spearman
Tucker           Waites           Wilder, J.
Wilkes

Total--31

So, Rule 3.9 was rescinded.

H. 3374--CONTINUED

The Senate amendments to the following Bill were taken up for consideration.

H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY


Printed Page 5792 . . . . . Tuesday, May 10, 1994

ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.

Rep. GONZALES moved to continue the Bill.

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

Yeas 61; Nays 21

Those who voted in the affirmative are:

Allison          Anderson         Bailey, G.
Baker            Baxley           Beatty
Breeland         Brown, H.        Brown, J.
Byrd             Cato             Chamblee
Clyborne         Cooper           Fulmer
Gamble           Gonzales         Govan
Hallman          Harrell          Haskins
Hines            Holt             Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Klauber          Lanford
Law              Marchbanks       McMahand
Quinn            Riser            Robinson
Rogers           Scott            Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stone
Stuart           Sturkie          Trotter
Vaughn           Walker           Wells
Whipper          Wilder, D.       Wilkes
Wilkins          Witherspoon      Wofford
Young, A.

Total--61

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, J.       Barber           Boan
Cromer           Delleney         Harrelson

Printed Page 5793 . . . . . Tuesday, May 10, 1994

Harris, J.       Keyserling       Kirsh
McCraw           Neilson          Rudnick
Stille           Stoddard         Townsend
Tucker           Waites           Wilder, J.

Total--21

So, the Bill was continued.

H. 4306--CONTINUED

The Senate amendments to the following Joint Resolution were taken up for consideration.

H. 4306 -- Reps. Kirsh, McCraw, Simrill, Meacham, Moody-Lawrence, Delleney and Rudnick: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO ERECT CERTAIN DIRECTIONAL SIGNS RELATING TO THE LOCATION OF THE YORK COUNTY CONVENTION AND VISITORS BUREAU/VISITOR INFORMATION CENTER.

MOTION NOTED

Rep. BAXLEY moved to reconsider the vote whereby H. 3374 was continued and the motion was noted.

Rep. WALKER moved to continue the Joint Resolution.

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

Yeas 66; Nays 13

Those who voted in the affirmative are:

Alexander, T.C.  Allison          Anderson
Bailey, G.       Bailey, J.       Baker
Baxley           Beatty           Breeland
Brown, H.        Brown, J.        Byrd
Cato             Clyborne         Davenport
Delleney         Fulmer           Gamble
Gonzales         Govan            Hallman
Harrell          Harrison         Haskins
Hines            Holt             Huff

Printed Page 5794 . . . . . Tuesday, May 10, 1994

Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Klauber          Lanford
Law              Littlejohn       Marchbanks
McMahand         Neal             Quinn
Riser            Robinson         Rogers
Scott            Sharpe           Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stone            Stuart
Sturkie          Trotter          Vaughn
Walker           Wells            Whipper
Wilder, D.       Wilkins          Witherspoon
Wofford          Wright           Young, A.

Total--66

Those who voted in the negative are:

Askins           Barber           Chamblee
Cromer           Harris, J.       Houck
Keyserling       Kirsh            McCraw
Rudnick          Tucker           Waites
Wilder, J.

Total--13

So, the Joint Resolution was continued.

H. 3374--DEBATE ADJOURNED
ON THE MOTION TO RECONSIDER

The motion of Rep. BAXLEY to reconsider the vote whereby the following Bill was continued was taken up.

H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.

Rep. JASKWHICH moved to table the motion to reconsider.


Printed Page 5795 . . . . . Tuesday, May 10, 1994

Rep. SIMRILL demanded the yeas and nays, which were taken resulting as follows:
Yeas 18; Nays 58

Those who voted in the affirmative are:

Anderson         Baker            Baxley
Beatty           Brown, J.        Byrd
Cato             Davenport        Harrelson
Inabinett        Jaskwhich        Kennedy
Kirsh            Littlejohn       Spearman
Vaughn           Walker           Wells

Total--18

Those who voted in the negative are:

Alexander, T.C.  Allison          Askins
Bailey, G.       Bailey, J.       Breeland
Brown, H.        Chamblee         Clyborne
Cromer           Delleney         Gamble
Gonzales         Govan            Hallman
Harrell          Harris, J.       Harrison
Hodges           Holt             Houck
Huff             Hutson           Jennings
Keegan           Keyserling       Klauber
Lanford          Law              Marchbanks
McCraw           McMahand         Neilson
Quinn            Riser            Robinson
Rogers           Rudnick          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Stoddard
Stone            Stuart           Sturkie
Trotter          Tucker           Waites
Whipper          Wilder, D.       Wilder, J.
Wilkins          Wofford          Wright
Young, A.

Total--58

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.


Printed Page 5796 . . . . . Tuesday, May 10, 1994

Rep. WILKINS moved to adjourn debate upon the motion to reconsider.

Rep. JENNINGS moved to postpone indefinitely the motion to adjourn debate, which was rejected by a division vote of 24 to 51.

The question then recurred to the motion to adjourn debate on the motion to reconsider, which was agreed to by a division vote of 70 to 9.

POINT OF ORDER

Rep. BEATTY raised the Point of Order that under Rule 8.11 the House shall take up the motion period at this time.

The SPEAKER stated that he had already ruled on that Point of Order.

APPEAL FROM RULING OF THE
SPEAKER--DEBATE ADJOURNED

Rep. BEATTY appealed the Ruling of the SPEAKER and the SPEAKER called the SPEAKER Pro Tempore to the Chair to act as Presiding Officer.

Rep. BOAN spoke in favor of the ruling.

Rep. WHIPPER spoke against the ruling.

Rep. SHEHEEN spoke in favor of the ruling.

Reps. BEATTY and BAKER spoke against the ruling.

Rep. HARWELL spoke in favor of the ruling.

Rep. CLYBORNE spoke against the ruling.

Rep. HODGES spoke in favor of the ruling.

Reps. HASKINS and GONZALES spoke against the ruling.

Rep. McELVEEN spoke in favor of the ruling.

Rep. HUFF spoke against the ruling.

Rep. KENNEDY moved that the House recede for 15 minutes.

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

Yeas 15; Nays 68

Those who voted in the affirmative are:

Alexander, T.C.  Askins           Barber
Boan             Cobb-Hunter      Harwell
Hodges           Houck            Kennedy

Printed Page 5797 . . . . . Tuesday, May 10, 1994

McAbee           Rudnick          Stoddard
Tucker           Wilder, D.       Wilder, J.

Total--15

Those who voted in the negative are:

Alexander, M.O.  Allison          Anderson
Bailey, G.       Baker            Baxley
Brown, H.        Cato             Chamblee
Clyborne         Cooper           Corning
Davenport        Delleney         Fair
Fulmer           Gamble           Gonzales
Graham           Hallman          Harrell
Harris, J.       Harrison         Holt
Hutson           Inabinett        Jaskwhich
Keegan           Kelley           Keyserling
Kirsh            Klauber          Koon
Lanford          Law              Littlejohn
Marchbanks       Mattos           McCraw
McElveen         McMahand         Neilson
Quinn            Richardson       Riser
Robinson         Scott            Sharpe
Sheheen          Shissias         Simrill
Smith, R.        Spearman         Stille
Stone            Stuart           Sturkie
Trotter          Vaughn           Walker
Wells            Wilkes           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.

Total--68

So, the House refused to recede.

Rep. JENNINGS spoke in favor of the ruling.

Rep. BEATTY moved to adjourn debate upon the Ruling of the Chair for one hour.


Printed Page 5798 . . . . . Tuesday, May 10, 1994

Rep. CLYBORNE demanded the yeas and nays, which were taken resulting as follows:
Yeas 93; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Askins           Bailey, G.
Baker            Barber           Baxley
Beatty           Boan             Breeland
Brown, H.        Byrd             Cato
Chamblee         Clyborne         Cobb-Hunter
Cooper           Corning          Cromer
Davenport        Delleney         Fair
Fulmer           Gamble           Gonzales
Govan            Graham           Hallman
Harrell          Harrelson        Harris, J.
Harrison         Harwell          Haskins
Hodges           Holt             Houck
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Kirsh
Klauber          Koon             Lanford
Law              Littlejohn       Marchbanks
Mattos           McAbee           McCraw
McMahand         Neal             Neilson
Quinn            Richardson       Riser
Robinson         Rogers           Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Stille
Stoddard         Stone            Stuart
Sturkie          Trotter          Tucker
Vaughn           Waites           Walker
Wells            Whipper          White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.

Total--93

Printed Page 5799 . . . . . Tuesday, May 10, 1994

Those who voted in the negative are:

Total--0

So, the motion to adjourn debate was agreed to.

SPEAKER IN CHAIR

H. 4412--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 4412 -- Rep. Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-525 SO AS TO PROVIDE THAT HOUSING AUTHORITY COMMISSIONERS ARE DEEMED OWNERS OF HOUSING AUTHORITY PROPERTY FOR MATTERS PERTAINING TO OFFENSES AGAINST PROPERTY.

Rep. KENNEDY moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.

H. 4079--DEBATE ADJOURNED

The Senate amendments to the following Joint Resolution were taken up for consideration.

H. 4079 -- Reps. Breeland, J. Brown, Govan, Hines, Whipper, Inabinett, White, Holt, Neal, Byrd, Keyserling, Cobb-Hunter and McMahand: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES AND THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO PROVIDE ACCOMMODATIONS AND JOB TRAINING APPLICABLE TO CURRENT AND FUTURE JOB MARKETS TO NONVIOLENT OFFENDERS BETWEEN THE AGES OF FIFTEEN AND TWENTY-ONE; TO REQUIRE THESE AGENCIES TO EVALUATE FACILITIES VACATED BY BASE CLOSING FOR USE AS RESIDENTIAL FACILITIES; TO ENCOURAGE THE USE OF SHOCK INCARCERATION METHODS WITH THESE OFFENDERS; AND TO DIVERT FUNDS AND STAFFING FROM TRADITIONAL COMMITMENT AND INCARCERATION TO THIS PROGRAM.

Rep. BREELAND moved to adjourn debate upon the Senate amendments until Tuesday, May 17, which was adopted.


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