1995 Permanent House Journal Printed Pages 4130-4140 - South Carolina Legislature Online

Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

Printed Page 4120, May 25 | Printed Page 4140, May 29

Printed Page 4130 . . . . . Thursday, May 25, 1995

The following named Representatives voted for Mr. Hinton:

Askins           Baxley           Clyburn
Cromer           Davenport        Harrison
Huff             Jennings         Lanford
Limbaugh         Littlejohn       Mason
Quinn            Riser            Sharpe
Smith, R.        Spearman         Townsend
Wright           Young, J.

Total--20

The following named Representatives voted for Mr. Neeley:

Brown, T.        Cain             Dantzler
Hutson           Keegan           Kelley
Knotts           Martin           McTeer
Rogers           Thomas           Whatley
Witherspoon      Worley

Total--14

RECAPITULATION
Total number of Senators voting . . 26
Total number of Representatives voting 101
Grand Total . . . . . . . . . . . . 127
Necessary to a choice . . . . . . 64
Of which Ms. Bloom received . . . 91
Of which Mr. Hinton received . . 20
Of which Mr. Neeley received . . . . 16

Whereupon, the President announced that Ms. Lillian C. Bloom was elected to Seat #3 on the S.C. Consumer Affairs Commission for the term prescribed by law.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 1:40 P.M. the House resumed, the SPEAKER in the Chair.

Printed Page 4131 . . . . . Thursday, May 25, 1995

HOUSE TO MEET AT 2:00 P.M., MONDAY, MAY 29
IN STATEWIDE SESSION

Rep. A. YOUNG moved that when the House adjourns it adjourn to meet in Local Session Friday, May 26 and in Statewide Session on Monday, May 29, at 2:00 P.M., which was agreed to.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4191 -- Rep. Kinon: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE ROAD S-17-75, EAST THIRD AVENUE, IN DILLON COUNTY AS THE "W. JESSE FORD HIGHWAY" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

H. 4246 -- Reps. R. Smith, Clyburn, Mason, Sharpe and Huff: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE OUTSTANDING SERVICE OF MELANIE W. HUTTO ON THE OCCASION OF HER RETIREMENT FROM THE AIKEN COUNTY CONSOLIDATED SCHOOL DISTRICT AND WISHING FOR HER MANY HAPPY AND FULFILLING YEARS.

H. 4250 -- Reps. J. Brown, Scott and Howard: A CONCURRENT RESOLUTION COMMENDING JAMES B. HARDY, III, FOR HIS OUTSTANDING SERVICE TO PUBLIC EDUCATION AND WISHING HIM MUCH HAPPINESS FOLLOWING HIS RETIREMENT AS PRINCIPAL OF VIRGINIA PACK ELEMENTARY SCHOOL IN COLUMBIA.

Printed Page 4132 . . . . . Thursday, May 25, 1995

ADJOURNMENT
At 1:40 P.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of J. Arte Goodman, to meet in Local Session Friday, May 26, and in Statewide Session on Monday, May 29, at 2:00 P.M.

* * *

Printed Page 4133 . . . . . Friday, May 26, 1995

Friday, May 26, 1995
(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:

Almighty God, we bow in these moments of prayer acknowledging our dependence upon Your help. We are weak, but You are strong; we are limited, but You have plenty; we lack wisdom, but You are all-wise. Be, then, our support all the day long. Grant us the will to live constructively, not by cynicism; to assert our faith, not our doubts.

Cause us to hear in complete confidence the Proverb which says:
"Trust in the Lord with all your heart; and lean not unto your own understanding. In all your ways acknowledge Him, and He shall direct your paths." (Proverbs 3:5, 6) Amen.

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

MOTION ADOPTED

Rep. SHISSIAS moved that when the House adjourns, it adjourn in memory of Dr. Daniel S. Kavadas of Columbia, which was agreed to.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 90 -- Senators Wilson, Rose, Giese and Elliott: A BILL TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON ALLEGES HE IS ARMED WHILE USING A REPRESENTATION OF A DEADLY WEAPON OR AN OBJECT WHICH A PERSON MAY REASONABLY BELIEVE TO BE A DEADLY WEAPON.

Printed Page 4134 . . . . . Friday, May 26, 1995

SENT TO THE SENATE

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

H. 4113 -- Reps. Cotty and Hodges: A BILL TO AMEND SECTION 29-3-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND APPLICATION FOR ORDER OF APPRAISAL, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT, EXCEPT IN ANY REAL ESTATE FORECLOSURE PROCEEDING RELATING TO A DWELLING PLACE OR TO A CONSUMER CREDIT TRANSACTION, A DEFENDANT AGAINST WHOM A PERSONAL JUDGMENT MAY BE TAKEN ON A REAL ESTATE SECURED TRANSACTION MAY WAIVE THE APPRAISAL RIGHTS IF THE DEBTORS, MAKERS, BORROWERS, AND/OR GUARANTORS ARE NOTIFIED IN WRITING BEFORE THE TRANSACTION THAT A WAIVER OF APPRAISAL RIGHTS WILL BE REQUIRED AND UPON SIGNING A CERTAIN STATEMENT DURING THE TRANSACTION; AND TO AMEND SECTION 29-3-700, RELATING TO MORTGAGES AND DEEDS OF TRUST, FORECLOSURE, AND THE ORDER FOR APPRAISAL, SO AS TO PROVIDE THAT THE APPRAISAL BE CONDUCTED BY THREE DISINTERESTED STATE CERTIFIED GENERAL REAL ESTATE APPRAISERS, RATHER THAN "THREE DISINTERESTED FREEHOLDERS OF THE COUNTY IN WHICH THE PROPERTY IS LOCATED".

ADJOURNMENT
At 10:20 A.M. the House in accordance with the motion of Rep. SHISSIAS adjourned in memory of Dr. Daniel S. Kavadas of Columbia, to meet at 2:00 P.M., Monday, May 29.

* * *

Printed Page 4135 . . . . . Monday, May 29, 1995

Monday, May 29, 1995
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

On this Memorial Day, we bow, O Lord, in thanksgiving for those who have valiantly fought and bravely died in preserving the freedom of this great Nation. Bring comfort, we pray, to those who see again in memory's vision the parade of those who marched away never to return. Be especially near to those who even now bear the scars of war, granting to them the assurance of a grateful people. May our response to their self-giving be purer lives, nobler service, and deeper dedication to the causes for which they gave so much. Make our bowed heads and hearts be a suitable memorial for the brave of every generation who pledged their lives in service of others.

We pray to our God Who before us shows Himself in sacrificial service. 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. JENNINGS moved that when the House adjourns, it adjourn in memory of Walter Wilson Brown, Jr. of Bennettsville, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 25, 1995
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. 438:
S. 438 -- Senator Alexander: A BILL TO AMEND SECTION 56-5-750, AS AMENDED, CODE OF LAWS OF SOUTH

Printed Page 4136 . . . . . Monday, May 29, 1995

CAROLINA, 1976, RELATING TO FAILURE TO STOP FOR A LAW ENFORCEMENT VEHICLE, SO AS TO REVISE THE PENALTIES AND PROVIDE DEFINITIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 25, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 89, H. 3977 by a vote of 44 to 0.
(R89) H. 3977 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 29, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it requests the return of H. 4158:
H. 4158 -- Ways and Means Committee: A BILL TO AMEND SECTIONS 12-4-710 AND 12-4-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAX EXEMPTIONS AND THE METHOD OF APPLYING FOR THE EXEMPTIONS, SO AS TO REVISE OR EXTEND THE TIME FOR FILING EXEMPTION APPLICATIONS AND ADD ADDITIONAL CATEGORIES OF EXEMPTIONS FOR WHICH NO APPLICATION IS REQUIRED; TO

Printed Page 4137 . . . . . Monday, May 29, 1995

PROVIDE THAT LISTING A PROPERTY AS EXEMPT ON A PROPERTY TAX RETURN IS CONSIDERED AN APPLICATION; TO REQUIRE PROPERTY TAXPAYERS FILING PROPERTY TAX RETURNS TO CLAIM THE EXEMPTION ON THE RETURN FOR EACH YEAR THE PROPERTY IS EXEMPT; AND TO PROVIDE WHEN ADDITIONAL APPLICATIONS MUST BE FILED BY TAXPAYERS NOT REQUIRED TO FILE ANNUAL PROPERTY TAX RETURNS; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO CONFORM IT TO THE AMENDMENTS MADE BY THIS ACT AND TO EXTEND THE EXEMPTION FOR TWO PERSONAL MOTOR VEHICLES OF PERSONS REQUIRED TO USE WHEELCHAIRS TO INSTANCES WHEN THE OWNER IS ELIGIBLE FOR THE SPECIAL MOTOR VEHICLE LICENSE PLATE ALLOWED SUCH PERSONS.
Very respectfully,
President

H. 4158--ORDERED RETURNED TO THE SENATE

The SPEAKER ordered the Bill returned to the Senate.

SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3413 -- Reps. Townsend, Stille, Rogers, Riser, Cooper, McAbee, Williams, Wells, Trotter, Davenport and Carnell: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNTING SEASON FOR SMALL GAME, SO AS TO REVISE THE RABBIT SEASON.

Rep. TOWNSEND explained the Senate amendment.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Printed Page 4138 . . . . . Monday, May 29, 1995

SENATE AMENDMENTS
CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.

Rep. CATO explained the Senate amendment.

CONCURRENT RESOLUTION

The following was introduced:

H. 4253 -- Reps. Townsend, Chamblee, Cooper, P. Harris, Stille and Tucker: A CONCURRENT RESOLUTION SALUTING NORMAN DEAN BANNISTER OF BELTON FOR HIS DEDICATED SERVICE TO LAW ENFORCEMENT AND THE STATE OF SOUTH CAROLINA AND WISHING HIM HAPPINESS AND SUCCESS FOLLOWING HIS RETIREMENT AS PUBLIC SAFETY CHIEF AT PATRICK B. HARRIS PSYCHIATRIC HOSPITAL.