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 4140, May 29 | Printed Page 4160, May 29 |

Printed Page 4150 . . . . . Monday, May 29, 1995

STATEMENT BY REP. SHEHEEN

Rep. SHEHEEN was recognized.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that there was no question or report before the House and it was not debatable and therefore, the House should be back on the Calendar.

Rep. SHEHEEN argued contra the Point in stating that the Point of Order came too late as he had already been recognized to speak.

The SPEAKER stated that the Point did come too late as Rep. Sheheen had already been recognized and he overruled the Point of Order.

Rep. SHEHEEN made a statement relative to the Conference Committee on H. 3362, the General Appropriations Bill.

STATEMENT BY REP. HASKINS

Rep. HASKINS made a statement relative to the Conference Committee on H. 3362, the General Appropriations Bill.

STATEMENT BY REP. CAVE

Rep. CAVE made a statement relative to the Conference Committee on H. 3362, the General Appropriations Bill.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that the House should be back on the Calendar.

The SPEAKER stated that he had checked the precedents from last year and the House did get into a general discussion last year and no Point of


Printed Page 4151 . . . . . Monday, May 29, 1995

Order was raised. He further stated that the Rules clearly allowed discussion on adoption of a conference report, but that there was not any precedent found allowing general discussion when the House was not on the Calendar. He further stated that if the House was on a conference report then the members would be allowed to speak for or against it, but on just a general status report from the conferees, there was nothing to allow general discussion by the membership for or against a particular issue unless the House went into a Committee of the Whole and he sustained the Point of Order.

PARLIAMENTARY INQUIRY

Rep. SHEHEEN inquired about how was a conference committee member supposed to make a status report if no debate were allowed.

The SPEAKER stated that the House had received status reports in the past but he had only found one occasion where a general discussion by others than the conferees was allowed and that was last year when Rep. Haskins took the floor after Rep. Boan and no Point was raised.

PARLIAMENTARY INQUIRY

Rep. HODGES inquired about addressing Barnwell and whether the only opportunity would be when the conference committee made a report.

The SPEAKER stated that if the conference committee proposed a report, then anyone for or against it would be able to speak. He further stated that it would be allowed if the House resolved itself into a Committee of the Whole.

Rep. HODGES moved that the House resolve itself into a Committee of the Whole for the purpose of advising the conferees specifically and only on the question of whether South Carolina should remove itself from the Southeastern Compact and open itself up to take waste from outside the southeastern states for nuclear waste fees.

Rep. A. YOUNG moved to table the motion.

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

Yeas 59; Nays 56

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Cato             Cave             Chamblee
Cooper           Cotty            Dantzler


Printed Page 4152 . . . . . Monday, May 29, 1995

Davenport        Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Harrell
Haskins          Herdklotz        Huff
Hutson           Keegan           Kelley
Klauber          Knotts           Koon
Law              Limehouse        Littlejohn
Marchbanks       Mason            McAbee
McCraw           Phillips         Quinn
Rhoad            Rice             Riser
Robinson         Sandifer         Sharpe
Smith, D.        Smith, R.        Stoddard
Stuart           Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--59

Those who voted in the negative are:

Anderson         Askins           Bailey
Baxley           Boan             Breeland
Brown, G.        Brown, J.        Brown, T.
Byrd             Canty            Carnell
Clyburn          Cobb-Hunter      Cromer
Delleney         Govan            Hallman
Harris, J.       Harris, P.       Hines
Hodges           Howard           Inabinett
Jennings         Kennedy          Keyserling
Kinon            Kirsh            Lanford
Lloyd            McElveen         McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Richardson       Rogers
Scott            Seithel          Sheheen
Shissias         Simrill          Spearman
Stille           Thomas           Townsend
Tucker           Whipper, L.      Whipper, S.


Printed Page 4153 . . . . . Monday, May 29, 1995

White            Wilder           Wilkes
Williams         Worley

Total--56

So, the motion was tabled.

Rep. CAVE moved that the House do now adjourn.

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

Yeas 18; Nays 89

Those who voted in the affirmative are:

Carnell          Cave             Chamblee
Cooper           Delleney         Felder
Fleming          Govan            Klauber
Lanford          McAbee           Phillips
Robinson         Sharpe           Smith, D.
Waldrop          Whipper, L.      Whipper, S.

Total--18

Those who voted in the negative are:

Allison          Anderson         Askins
Bailey           Baxley           Boan
Brown, G.        Brown, H.        Byrd
Cain             Canty            Cato
Clyburn          Cobb-Hunter      Cotty
Cromer           Dantzler         Davenport
Easterday        Elliott          Fair
Fulmer           Gamble           Harrell
Harris, J.       Harris, P.       Haskins
Herdklotz        Hines            Hodges
Howard           Huff             Hutson
Inabinett        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Knotts
Koon             Law              Limehouse
Littlejohn       Lloyd            Marchbanks
Mason            McCraw           McElveen


Printed Page 4154 . . . . . Monday, May 29, 1995

McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Quinn
Rhoad            Rice             Richardson
Riser            Sandifer         Scott
Seithel          Sheheen          Shissias
Simrill          Smith, R.        Spearman
Stoddard         Stuart           Thomas
Tripp            Trotter          Tucker
Vaughn           Walker           Wells
Whatley          Wilder           Wilkes
Wilkins          Williams         Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Total--89

So, the House refused to adjourn.

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 concurs in the amendments proposed by the House to S. 525:
S. 525 -- Senator Courtney: A BILL TO AMEND SECTION 47-3-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY FOR TEASING, MALTREATING, OR INJURING POLICE DOGS, SO AS TO CHANGE THE VIOLATION OF THESE OFFENSES FROM A MISDEMEANOR TO A FELONY AND TO INCREASE THE PENALTY.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MOTION PERIOD

Rep. HASKINS moved to dispense with the Motion Period.

As a first substitute, Rep. SHEHEEN moved to instruct the conferees not to vote for the inclusion of any item which extends the low level


Printed Page 4155 . . . . . Monday, May 29, 1995

nuclear deadline at Barnwell in the General Appropriations Bill or any accompanying bills.

As a second substitute, Rep. HUFF moved to dispense with the balance of the Motion Period.

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

Yeas 62; Nays 48

Those who voted in the affirmative are:

Allison          Askins           Boan
Brown, G.        Brown, H.        Cain
Carnell          Cato             Cave
Chamblee         Cooper           Cotty
Dantzler         Davenport        Delleney
Easterday        Elliott          Fair
Felder           Fleming          Fulmer
Gamble           Harris, P.       Haskins
Herdklotz        Huff             Keegan
Kelley           Klauber          Knotts
Koon             Lanford          Limehouse
Littlejohn       Marchbanks       Mason
McAbee           McCraw           Rhoad
Rice             Riser            Robinson
Sandifer         Sharpe           Smith, D.
Smith, R.        Stoddard         Stuart
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilkes           Wilkins
Witherspoon      Wofford          Wright
Young, A.        Young, J.

Total--62

Those who voted in the negative are:

Anderson         Bailey           Baxley
Breeland         Brown, T.        Byrd
Canty            Clyburn          Cobb-Hunter
Cromer           Govan            Hallman
Harris, J.       Hines            Hodges
Hutson           Inabinett        Jennings


Printed Page 4156 . . . . . Monday, May 29, 1995

Kennedy          Keyserling       Kinon
Kirsh            Law              Lloyd
McElveen         McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Quinn            Richardson
Rogers           Scott            Seithel
Sheheen          Shissias         Simrill
Spearman         Thomas           Tucker
Whipper, L.      Whipper, S.      White
Wilder           Williams         Worley

Total--48

So, the motion to dispense with the balance of the Motion Period was agreed to.

H. 3772--ORDERED TO THIRD READING

Debate was resumed on the following Joint Resolution, the pending question being the consideration of the motion to recommit the Joint Resolution to the Judiciary Committee.

H. 3772 -- Reps. Scott, Williams, Cave, Kennedy, Beatty, Lloyd, Spearman, White, Cobb-Hunter, Jennings, Knotts, Clyburn, Keegan, Hallman, Inabinett, Mason, Whatley, Fulmer, Breeland, Keyserling, Wofford, Kelley, Stoddard, Allison, Seithel and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO A LOTTERY, SO AS TO ALLOW LOTTERIES TO BE CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Rep. CROMER moved to table the motion.

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

Yeas 57; Nays 54

Those who voted in the affirmative are:

Askins           Bailey           Baxley
Breeland         Brown, J.        Byrd
Cave             Cobb-Hunter      Cotty


Printed Page 4157 . . . . . Monday, May 29, 1995

Cromer           Dantzler         Felder
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, P.       Hines            Howard
Inabinett        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Knotts           Lanford
Law              Limehouse        Lloyd
McAbee           Neilson          Richardson
Riser            Rogers           Scott
Seithel          Sharpe           Sheheen
Shissias         Spearman         Stoddard
Stuart           Thomas           Tucker
Whatley          Whipper, S.      White
Wilder           Wilkes           Williams
Wofford          Worley           Young, A.

Total--57

Those who voted in the negative are:

Anderson         Boan             Brown, G.
Brown, H.        Brown, T.        Cain
Canty            Carnell          Cato
Chamblee         Clyburn          Cooper
Davenport        Delleney         Easterday
Elliott          Fair             Harris, J.
Haskins          Herdklotz        Hodges
Huff             Hutson           Kirsh
Klauber          Koon             Littlejohn
Marchbanks       Mason            McCraw
McElveen         McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Phillips         Quinn            Rhoad
Rice             Robinson         Sandifer
Simrill          Smith, D.        Smith, R.
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Wilkins          Witherspoon      Young, J.

Total--54



Printed Page 4158 . . . . . Monday, May 29, 1995

So, the motion to recommit was tabled.

Rep. KELLEY spoke in favor of the Joint Resolution.

Rep. CANTY spoke against the Joint Resolution.

Rep. KIRSH spoke against the Joint Resolution.

Rep. KNOTTS spoke in favor of the Joint Resolution.

The question then recurred to the passage of the Joint Resolution on second reading.

Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 64; Nays 43

Those who voted in the affirmative are:

Askins           Bailey           Baxley
Breeland         Brown, G.        Byrd
Cave             Chamblee         Clyburn
Cobb-Hunter      Cotty            Cromer
Dantzler         Elliott          Felder
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, P.       Hines            Hutson
Inabinett        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Knotts           Lanford
Law              Limehouse        Lloyd
Mason            McAbee           Rhoad
Richardson       Riser            Rogers
Scott            Seithel          Sharpe
Sheheen          Shissias         Smith, D.
Smith, R.        Spearman         Stoddard
Stuart           Thomas           Tucker
Vaughn           Whatley          Whipper, S.
White            Wilder           Wilkes
Williams         Wofford          Worley
Young, A.

Total--64



Printed Page 4159 . . . . . Monday, May 29, 1995

Those who voted in the negative are:
Anderson         Boan             Brown, H.
Cain             Canty            Carnell
Cato             Cooper           Davenport
Delleney         Easterday        Fair
Harris, J.       Haskins          Herdklotz
Huff             Kirsh            Klauber
Koon             Littlejohn       Marchbanks
McCraw           McElveen         McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rice             Sandifer
Simrill          Stille           Tripp
Trotter          Waldrop          Walker
Wells            Wilkins          Witherspoon
Young, J.

Total--43

So, the Joint Resolution, having failed to receive the necessary two-thirds vote, was ordered to third reading.

RECORD FOR JOURNAL

I did not vote on the proposal for two (2) main reasons. First is I personally am opposed to a lottery. I do not want to vote in favor of a constitutional amendment allowing the establishment of a lottery. Also, I do not believe a lottery is a financial gain for the taxpayers, as the proponents claim. Notwithstanding my personal opinions, I believe the citizens of this State deserve an opportunity to vote on whether they want a lottery in order to settle this question once and for all (or at least for a while). I do favor a non-binding referendum-not a constitutional amendment-held under conditions in which the pro-lottery, moneyed interests are not able to unduly influence the outcome.

Rep. ALFRED B. ROBINSON, JR.

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


| Printed Page 4140, May 29 | Printed Page 4160, May 29 |

Page Finder Index