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 2940, Apr. 24 | Printed Page 2960, Apr. 24 |

Printed Page 2950 . . . . . Wednesday, April 24, 1996

RULE 5.12 WAIVED

Rep. RHOAD moved to waive Rule 5.12, which was agreed to by a division vote of 42 to 0.

Without reference.

H. 4977 -- Rep. McKay: A BILL TO RESTRICT IN FLORENCE COUNTY THE OPEN BURNING OF LEAVES, TREE BRANCHES, AND YARD TRIMMINGS UNDER CERTAIN CONDITIONS AND TO AUTHORIZE CAMPFIRES ONLY FOR RECREATIONAL PURPOSES OR HUMAN WARMTH.

Referred to Florence Delegation.

S. 778 -- Senator Thomas: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS NOT TO BE CONSIDERED FOR ADMISSION TO THE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT A PERSON CHARGED WITH COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT ON A CHILD UNDER FOURTEEN YEARS OF AGE MAY NOT BE CONSIDERED FOR ADMISSION INTO THE PROGRAM.

Referred to Committee on Judiciary.

S. 1122 -- Senator Giese: A JOINT RESOLUTION EXTENDING THE DEADLINE FOR APPLYING FOR AGRICULTURAL USE VALUATION FOR PROPERTY TAX YEAR 1995 THROUGH JULY 1, 1996.

On motion of Rep. BAXLEY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 4340--RECALLED FROM THE

COMMITTEE ON AGRICULTURE, NATURAL RESOURCES

AND ENVIRONMENTAL AFFAIRS

On motion of Rep. SPEARMAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4340 -- Reps. Spearman, Herdklotz, J. Hines, Rice, Sharpe, Cain, Riser, Seithel, Gamble, Meacham and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING


Printed Page 2951 . . . . . Wednesday, April 24, 1996

SECTION 50-13-390 SO AS TO PROVIDE FOR A SPECIAL GUEST FISHING LICENSE.

OBJECTION TO RECALL

Rep. SHEHEEN asked unanimous consent to recall S. 1309 from the Committee on Ways and Means.

Rep. KELLEY objected.

OBJECTION TO RECALL

Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 4050 from the Committee on Ways and Means.

Rep. FULMER objected.

OBJECTION TO RECALL

Rep. RHOAD asked unanimous consent to recall H. 4763 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. WITHERSPOON objected.

OBJECTION TO RECALL

Rep. ANDERSON asked unanimous consent to recall S. 1334 from the Committee on Ways and Means.

Rep. FULMER objected.

OBJECTION TO RECALL

Rep. HOWARD asked unanimous consent to recall S. 947 from the Committee on Education and Public Works.

Rep. TOWNSEND objected.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 4658 from the Committee on Judiciary.

Rep. LIMBAUGH objected.

OBJECTION TO RECALL

Rep. LOFTIS asked unanimous consent to recall H. 4632 from the Committee on Education and Public Works.

Rep. MOODY-LAWRENCE objected.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. TOWNSEND.


Printed Page 2952 . . . . . Wednesday, April 24, 1996

H. 3812--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.

Rep. S. WHIPPER proposed the following Amendment No. 3 (Doc Name P:\amend\JIC\5879DW.96), which was tabled.

Amend the joint resolution, as and if amended, page 1, line 29, by striking /either/ and /, or/ and on line 30, by striking /granting preferential treatment to/.

Amend further, page 2, line 28, by striking /either/ and /, or/ and on line 29, by striking /granting preferential treatment to,/.

Amend title to conform.

Rep. S. WHIPPER explained the amendment.

Rep. LIMBAUGH moved to table the amendment.

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

Yeas 71; Nays 32

Those who voted in the affirmative are:

Allison              Bailey               Boan
Brown, H.            Cain                 Carnell

Printed Page 2953 . . . . . Wednesday, April 24, 1996

Cato                 Cooper               Cotty
Cromer               Dantzler             Davenport
Delleney             Easterday            Fulmer
Gamble               Hallman              Harris, J.
Harrison             Haskins              Herdklotz
Hutson               Keegan               Kelley
Keyserling           Kinon                Kirsh
Knotts               Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McKay                Meacham
Neilson              Quinn                Rice
Richardson           Riser                Robinson
Sandifer             Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Walker               Wells
Whatley              Wilkins              Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell

Total--71

Those who voted in the negative are:

Anderson             Breeland             Brown, G.
Brown, J.            Brown, T.            Byrd
Canty                Clyburn              Cobb-Hunter
Govan                Harvin               Hines, J.
Hodges               Howard               Inabinett
Jennings             Lee                  Lloyd
McAbee               McMahand             McTeer
Moody-Lawrence       Neal                 Phillips
Rhoad                Scott                Waldrop
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               

Total--32

So, the amendment was tabled.


Printed Page 2954 . . . . . Wednesday, April 24, 1996

LEAVE OF ABSENCE

The SPEAKER granted Rep. HODGES a leave of absence for the remainder of the day to attend to business matters in Lancaster.

SPEAKER PRO TEMPORE IN CHAIR

Rep. S. WHIPPER proposed the following Amendment No. 4 (Doc Name P:\amend\JIC\5878DW.96), which was tabled.

Amend the joint resolution, as and if amended, page 1, by striking subsection (D), as contained in Section 16, Article XVII of the Constitution of this State, lines 37 through 41, and on page 2, by striking lines 1 and 2.

Amend title to conform.

Rep. S. WHIPPER explained the amendment.

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

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

Yeas 68; Nays 32

Those who voted in the affirmative are:

Allison              Bailey               Baxley
Boan                 Brown, G.            Brown, H.
Cain                 Cato                 Cotty
Dantzler             Davenport            Delleney
Easterday            Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harrison             Haskins
Herdklotz            Hutson               Jaskwhich
Keegan               Kelley               Kirsh
Knotts               Koon                 Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Martin               Mason
McCraw               McKay                McTeer
Meacham              Quinn                Rice
Richardson           Riser                Sandifer
Seithel              Sheheen              Simrill
Smith, D.            Smith, R.            Spearman
Stille               Thomas               Tripp

Printed Page 2955 . . . . . Wednesday, April 24, 1996

Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Wilkes               Wilkins
Wofford              Worley               Wright
Young                Young-Brickell

Total--68

Those who voted in the negative are:

Anderson             Breeland             Brown, J.
Brown, T.            Byrd                 Canty
Carnell              Cave                 Clyburn
Cobb-Hunter          Cromer               Govan
Harvin               Hines, J.            Howard
Inabinett            Jennings             Lee
Lloyd                McAbee               McMahand
Neal                 Neilson              Rhoad
Scott                Sharpe               Shissias
Stuart               Whipper, L.          Whipper, S.
White                Wilder               

Total--32

So, the amendment was tabled.

Rep. S. WHIPPER proposed the following Amendment No. 5 (Doc Name P:\amend\JIC\5877DW.96).

Amend the joint resolution, as and if amended, page 2, line 19, by inserting:

/(I) (1) Nothing in this section shall be interpreted or construed as prohibiting or restricting the ability of this State or any of its agencies, or divisions, or political subdivisions from developing remedies or programs or measures to alleviate unfair treatment of any individual as a result of their national origin, sex, religion, race, or ethnicity.

(2) The determination of unfairness shall be made by the Governor's Commission on Race Relations, the agency, division, or political subdivision involved, and those state agencies authorized to monitor and investigate issues of discrimination./

Amend title to conform.

Rep. S. WHIPPER explained the amendment.


Printed Page 2956 . . . . . Wednesday, April 24, 1996

Rep. LIMBAUGH spoke against the amendment and moved to adjourn debate upon the Bill.

Rep. J. BROWN moved to continue the Bill.

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

Yeas 25; Nays 77

Those who voted in the affirmative are:

Anderson             Baxley               Breeland
Brown, G.            Brown, J.            Brown, T.
Byrd                 Canty                Cave
Clyburn              Govan                Harvin
Hines, J.            Inabinett            Jennings
Kinon                Lee                  Lloyd
Martin               McAbee               McMahand
McTeer               Scott                White
Wilkes

Total--25

Those who voted in the negative are:

Allison              Bailey               Boan
Brown, H.            Cain                 Carnell
Cato                 Cobb-Hunter          Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Fleming              Gamble               Hallman
Harrell              Harris, J.           Harrison
Haskins              Herdklotz            Howard
Hutson               Jaskwhich            Keegan
Keyserling           Kirsh                Knotts
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Mason
McCraw               McKay                Meacham
Neal                 Neilson              Phillips
Quinn                Rice                 Richardson
Riser                Robinson             Sandifer
Seithel              Sharpe               Sheheen

Printed Page 2957 . . . . . Wednesday, April 24, 1996

Shissias             Simrill              Smith, D.
Smith, R.            Spearman             Stille
Stuart               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Wilkins              Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell       

Total--77

So, the House refused to continue the Bill.

The question then recurred to the motion to adjourn debate until Thursday, April 25, which was agreed to.

SPEAKER IN CHAIR

Rep. SCOTT moved that the House do now adjourn.

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

Yeas 10; Nays 71

Those who voted in the affirmative are:

Anderson             Breeland             Cave
Cobb-Hunter          Howard               Lee
Martin               McTeer               Scott
White

Total--10

Those who voted in the negative are:

Allison              Baxley               Boan
Brown, G.            Brown, H.            Brown, J.
Cain                 Carnell              Cato
Cooper               Cotty                Cromer
Dantzler             Davenport            Easterday
Gamble               Hallman              Harrell
Harris, J.           Harvin               Herdklotz
Keegan               Kelley               Keyserling

Printed Page 2958 . . . . . Wednesday, April 24, 1996

Kinon                Kirsh                Knotts
Koon                 Lanford              Law
Limbaugh             Loftis               Marchbanks
Mason                McAbee               McCraw
McKay                Meacham              Neilson
Phillips             Quinn                Rice
Richardson           Riser                Robinson
Sandifer             Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Wilkes
Wilkins              Witherspoon          Wofford
Wright               Young-Brickell       

Total--71

So, the House refused to adjourn.

H. 4498--RECOMMITTED

The following Bill was taken up.

H. 4498 -- Reps. Harrison, Hodges, Jennings, D. Smith, Cromer, Wofford, Govan, Tucker, Fleming, Knotts, Shissias, Thomas and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-17-4096 SO AS TO PROHIBIT TRESPASSING UPON RAILROAD TRACKS AND PROVIDE PENALTIES FOR VIOLATIONS.

Reps. HARRISON proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22740SD.96), which was ruled out of order.

Amend the bill, as and if amended, by striking Section 58-17-4096 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 58-17-4096. A rail carrier shall have no liability for injury to or death of any person who enters onto a railroad track without authority unless that person's injury or death is caused by a train operated in a manner inconsistent with state or federal law. For the purposes of this section, a person shall be deemed to have authority to enter onto a railroad track if that person is a railroad employee or public official or if that


Printed Page 2959 . . . . . Wednesday, April 24, 1996

person is transacting some business with the railroad which requires entry onto the railroad track. For the purposes of this section, `railroad track' must be defined as the entire structure used to guide railroad trains, locomotives, cars, and other vehicles with flanged wheels. `Railroad track' includes rails, joints, spikes, rail anchors, tie plates, crossties, and ballast, and the term encompasses everything between the outer edges of the ballast comprising the lower part of the tract structure./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

POINT OF ORDER

Rep. BAXLEY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.

The SPEAKER overruled the Point of Order.

POINT OF ORDER

Rep. BAXLEY raised the Point of Order that Amendment No. 2 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

Rep. HARRISON moved to recommit the Bill to the Committee on Judiciary, which was agreed to.

S. 517--DEBATE ADJOURNED

Rep. SIMRILL moved to adjourn debate upon the following Bill until Thursday, April 25, which was adopted.

S. 517 -- Senator Patterson: A BILL TO AMEND SECTION 8-11-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT FOR PRIOR STATE SERVICE IN COMPUTING BONUS LEAVE EARNINGS AND OTHER RELATED MATTERS, SO AS TO INCREASE FROM TEN TO TWENTY THE MAXIMUM NUMBER OF YEARS FOR WHICH CERTAIN EMPLOYEES SHALL RECEIVE CREDIT FOR PRIOR STATE SERVICE FOR PURPOSES OF COMPUTING BONUS EARNINGS.


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