Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 1031, Feb. 27 | Printed Page 1050, Feb. 27 |

Printed Page 1040 . . . . . Tuesday, February 27, 1996

(R248) H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: AN ACT TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CERTAIN CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, AND SECTION 15-3-370, RELATING TO THE STATUTE OF LIMITATIONS ON REAL PROPERTY ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.

(R249) H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: AN ACT TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT WHICH IS NOT A CONSUMER CREDIT TRANSACTION, AND TO PROVIDE THAT FAILURE OF THE PERSON RECEIVING A CHECK TO OBTAIN CERTAIN INFORMATION SHALL NOT WARRANT DISMISSAL OF PROSECUTION, BUT THE PERSON BRINGING THE ACTION HAS THE BURDEN OF PROVING THAT THE DEFENDANT SIGNED OR ENDORSED THE CHECK AND PRESENTED IT IN PAYMENT OF A DEBT OR OBLIGATION.

(R250) H. 3878 -- Rep. Witherspoon: AN ACT TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD; AND TO DELETE THE REQUIREMENT THAT AN INVOICE, BILL OF SALE, AND AN INVOICE NUMBER BE PROVIDED UNDER CERTAIN


Printed Page 1041 . . . . . Tuesday, February 27, 1996

CIRCUMSTANCES, AND TO PROVIDE THAT CERTAIN DOCUMENTATION AND DOCUMENTATION NOTICE ARE REQUIRED UNDER CERTAIN CIRCUMSTANCES.

(R251) H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: AN ACT TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA AND TO CORRECT INTERNAL REFERENCES; AND TO AMEND SECTION 20-7-1700, AS AMENDED, RELATING TO CONSENT AND RELINQUISHMENT FOR THE PURPOSE OF ADOPTION, SO AS TO REQUIRE CONSENT AND RELINQUISHMENT TO BE GIVEN AFTER THE BIRTH OF AN ADOPTEE.

(R252) H. 4410 -- Reps. Hutson, G. Bailey, Cobb-Hunter, Harrell and Young-Brickell: AN ACT TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

(R253) H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE


Printed Page 1042 . . . . . Tuesday, February 27, 1996

TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.

(R254) H. 4506 -- Rep. Delleney: AN ACT TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.

(R255) H. 4535 -- Reps. Kinon, Jennings and M. Hines: AN ACT TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A CERTAIN AMOUNT OF MONEY TO BE USED FOR SCHOOL CONSTRUCTION, SO AS TO, AMONG OTHER THINGS, CHANGE THE AMOUNT WHICH MAY BE BORROWED, AND PROVIDE THAT SUCH FUNDS MAY BE APPLIED TO RETIRE A LOAN FOR MONEY USED FOR SCHOOL CONSTRUCTION FOR DILLON COUNTY SCHOOL DISTRICTS 1, 2, AND 3, RATHER THAN SCHOOL DISTRICT 3 ALONE.

(R256) H. 4587 -- Reps. Jennings, J. Harris and Kinon: AN ACT TO CREATE THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT AND TERMS OF THE MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.

(R257) H. 4609 -- Reps. Koon, Knotts, Gamble, Riser and Wright: AN ACT TO AMEND ACT 218 OF 1993, AS AMENDED, RELATING TO


Printed Page 1043 . . . . . Tuesday, February 27, 1996

THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATES WHEN NOTICES OF CANDIDACY MAY BE FILED WITH THE COUNTY ELECTION COMMISSION, AND TO AMEND ACT 176 OF 1995, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, SO AS TO PROVIDE THAT THE FILING PERIOD FOR PERSONS DESIRING TO FILE WRITTEN NOTICES OF CANDIDACY SHALL BE AS PROVIDED IN ACT 218 OF 1993.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER TUCKER IN CHAIR

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

SPEAKER IN CHAIR

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. TOWNSEND moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.

H. 4600--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 19, Part IA.

H. 4600

GENERAL APPROPRIATION BILL

SECTION 19--AMENDED AND ADOPTED

Debate was resumed on Section 19.

Reps. J. HARRIS, SHISSIAS, NEILSON, JASKWHICH and KOON proposed the following Amendment No. 38 (Doc Name P:\amend\cj.3), which was rejected.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 176, line 30, opposite /Alloc EIA-Arts Curricula/ by increasing the amount in Column 5 by:


Printed Page 1044 . . . . . Tuesday, February 27, 1996

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .1,232,614

. . . . .( ). . . . .( )/

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 178, line 9, opposite /Local School Innovation Funds/ by decreasing the amount in Column 5 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .1,182,614

. . . . .( ). . . . .( )/

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 176, line 16, opposite /Governor's School for the Arts/ by decreasing the amount in Column 5 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .50,000

. . . . .( ). . . . .( )/

Renumber sections & amend totals /title to conform.

Rep. J. HARRIS explained the amendment.

Rep. SPEARMAN spoke in favor of the amendment.

Rep. WELLS spoke against the amendment.

Rep. J. HARRIS spoke in favor of the amendment.

Rep. WELLS moved to table the amendment.

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

Yeas 53; Nays 54

Those who voted in the affirmative are:

Allison              Brown, H.            Cato
Chamblee             Cooper               Dantzler
Easterday            Felder               Fleming
Fulmer               Hallman              Harrell
Harrison             Haskins              Keegan
Kelley               Kirsh                Klauber
Koon                 Law                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McKay
Meacham              Quinn                Rice
Riser                Robinson             Sandifer
Scott                Seithel              Sharpe
Smith, D.            Smith, R.            Stuart

Printed Page 1045 . . . . . Tuesday, February 27, 1996

Thomas               Tripp                Trotter
Vaughn               Walker               Wells
Whatley              Wilkins              Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell

Total--53

Those who voted in the negative are:

Anderson             Askins               Bailey
Breeland             Brown, G.            Brown, T.
Byrd                 Cain                 Carnell
Cave                 Clyburn              Cobb-Hunter
Cotty                Cromer               Delleney
Gamble               Harris, J.           Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Jaskwhich            Jennings             Keyserling
Kinon                Knotts               Lloyd
McAbee               McCraw               McElveen
McMahand             McTeer               Moody-Lawrence
Neal                 Neilson              Phillips
Rhoad                Richardson           Rogers
Shissias             Spearman             Stille
Stoddard             Tucker               Waldrop
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Williams

Total--54

So, the House refused to table the amendment.

Rep. HARRELL spoke against the amendment.

Rep. SPEARMAN spoke in favor of the amendment.

Rep. HARRELL spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 51; Nays 56


Printed Page 1046 . . . . . Tuesday, February 27, 1996

Those who voted in the affirmative are:
Anderson             Askins               Bailey
Brown, G.            Brown, J.            Brown, T.
Byrd                 Cain                 Carnell
Cave                 Clyburn              Cobb-Hunter
Cotty                Cromer               Delleney
Gamble               Harris, J.           Harris, P.
Herdklotz            Hines, J.            Hines, M.
Hodges               Howard               Hutson
Inabinett            Jaskwhich            Jennings
Keyserling           Kinon                Knotts
Lee                  Lloyd                McAbee
McCraw               McElveen             McTeer
Moody-Lawrence       Neal                 Neilson
Phillips             Richardson           Rogers
Shissias             Spearman             Stoddard
Tucker               Waldrop              White
Wilder               Wilkes               Williams

Total--51

Those who voted in the negative are:

Allison              Brown, H.            Cato
Chamblee             Cooper               Dantzler
Easterday            Felder               Fleming
Fulmer               Hallman              Harrell
Harrison             Haskins              Keegan
Kelley               Kirsh                Klauber
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Mason
McKay                Meacham              Quinn
Rhoad                Rice                 Riser
Robinson             Sandifer             Seithel
Sharpe               Simrill              Smith, D.
Smith, R.            Stuart               Thomas
Townsend             Tripp                Trotter
Vaughn               Walker               Wells
Whatley              Wilkins              Witherspoon

Printed Page 1047 . . . . . Tuesday, February 27, 1996

Wofford              Worley               Wright
Young                Young-Brickell       

Total--56

So, the amendment was rejected.

Reps. NEILSON, GOVAN, McELVEEN, G. BROWN, INABINETT, LLOYD, J. HARRIS, J. HINES, BAXLEY, McTEER, TOWNSEND, KOON, CAIN, HASKINS, CAVE, SANDIFER, M. HINES, HARVIN, and J. YOUNG proposed the following Amendment No. 44 (Doc Name P:\amend\cj.1), which was adopted.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 178, line 9, opposite /Local School Innovation Funds/ by decreasing the amount in Column 5 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .8,000,000

. . . . .( ). . . . .( )/

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 168, line 36, opposite /Alloc EIA-Mod. Voc. Equip./ by increasing the amount in Column 5 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .8,000,000

. . . . .( ). . . . .( )/

Renumber sections and amend totals/title to conform.

Rep. NEILSON explained the amendment.

Rep. HARRELL spoke against the amendment.

Reps. WILKES, McTEER and McELVEEN spoke in favor of the amendment.

Rep. HARRELL spoke against the amendment and moved to table the amendment.

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

Yeas 55; Nays 59

Those who voted in the affirmative are:

Allison              Brown, H.            Cato
Chamblee             Cotty                Dantzler
Easterday            Fleming              Fulmer

Printed Page 1048 . . . . . Tuesday, February 27, 1996

Hallman              Harrell              Harrison
Haskins              Herdklotz            Jaskwhich
Keegan               Kelley               Kirsh
Klauber              Knotts               Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McKay
Meacham              Quinn                Rice
Richardson           Riser                Robinson
Seithel              Sharpe               Simrill
Smith, D.            Smith, R.            Stuart
Thomas               Tripp                Trotter
Vaughn               Walker               Wells
Whatley              Wilkins              Witherspoon
Wofford              Worley               Wright
Young-Brickell

Total--55

Those who voted in the negative are:

Anderson             Askins               Bailey
Breeland             Brown, G.            Brown, J.
Brown, T.            Byrd                 Cain
Carnell              Cave                 Clyburn
Cobb-Hunter          Cooper               Cromer
Delleney             Gamble               Harris, J.
Harris, P.           Harvin               Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jennings
Keyserling           Kinon                Lee
Lloyd                Martin               McAbee
McCraw               McElveen             McMahand
McTeer               Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Rogers               Sandifer             Scott
Shissias             Spearman             Stille
Stoddard             Townsend             Tucker
Waldrop              Whipper, L.          Whipper, S.

Printed Page 1049 . . . . . Tuesday, February 27, 1996

White                Wilder               Wilkes
Williams             Young                

Total--59

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 62; Nays 54

Those who voted in the affirmative are:

Anderson             Askins               Bailey
Breeland             Brown, G.            Brown, J.
Brown, T.            Byrd                 Cain
Carnell              Cave                 Chamblee
Clyburn              Cobb-Hunter          Cooper
Cromer               Delleney             Govan
Harris, J.           Harris, P.           Harvin
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Jennings             Keyserling           Kinon
Lanford              Lee                  Lloyd
Martin               McAbee               McCraw
McElveen             McMahand             McTeer
Moody-Lawrence       Neal                 Neilson
Phillips             Rhoad                Richardson
Rogers               Sandifer             Scott
Shissias             Spearman             Stille
Stoddard             Townsend             Tucker
Waldrop              Whipper, L.          Whipper, S.
White                Wilder               Wilkes
Williams             Young

Total--62

Those who voted in the negative are:

Allison              Brown, H.            Cato
Cotty                Dantzler             Easterday

Printed Page 1050 . . . . . Tuesday, February 27, 1996

Felder               Fleming              Fulmer
Gamble               Hallman              Harrell
Harrison             Haskins              Herdklotz
Jaskwhich            Keegan               Kelley
Kirsh                Klauber              Knotts
Koon                 Law                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McKay
Meacham              Quinn                Rice
Riser                Robinson             Seithel
Sharpe               Simrill              Smith, D.
Smith, R.            Stuart               Thomas
Tripp                Trotter              Vaughn
Walker               Wells                Whatley
Wilkins              Witherspoon          Wofford
Worley               Wright               Young-Brickell

Total--54

So, the amendment was adopted.


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