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 290, Jan. 24 | Printed Page 310, Jan. 24 |

Printed Page 300 . . . . . Wednesday, January 24, 1996

Those who voted in the affirmative are:
Askins               Bailey               Breeland
Brown, G.            Brown, J.            Byrd
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cotty                Cromer
Dantzler             Felder               Fleming
Fulmer               Gamble               Govan
Hallman              Harrell              Harris, P.
Harrison             Hines, J.            Hutson
Inabinett            Jennings             Keegan
Kelley               Kennedy              Keyserling
Kinon                Knotts               Lanford
Law                  Lee                  Limehouse
Lloyd                Martin               Mason
McAbee               McCraw               McTeer
Neilson              Phillips             Rhoad
Richardson           Riser                Rogers
Scott                Seithel              Sheheen
Shissias             Spearman             Stoddard
Stuart               Thomas               Whatley
Whipper, S.          White                Wilder
Wilkes               Williams             Wofford
Worley               Wright               Young-Brickell

Total--66

Those who voted in the negative are:

Allison              Anderson             Boan
Brown, H.            Cain                 Carnell
Cato                 Cooper               Davenport
Delleney             Easterday            Harris, J.
Haskins              Herdklotz            Hines, M.
Hodges               Kirsh                Klauber
Koon                 Limbaugh             Littlejohn
Marchbanks           McElveen             McKay
McMahand             Meacham              Moody-Lawrence
Neal                 Rice                 Robinson
Sandifer             Sharpe               Simrill
Stille               Townsend             Tripp
Trotter              Vaughn               Waldrop

Printed Page 301 . . . . . Wednesday, January 24, 1996

Walker               Wells                Whipper, L.
Wilkins              Witherspoon          Young

Total--45

So, the motion to adjourn debate was tabled.

Rep. SCOTT moved to adjourn debate upon the Joint Resolution until Wednesday, January 31.

Rep. HASKINS moved to table the motion.

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

Yeas 49; Nays 58

Those who voted in the affirmative are:

Allison              Anderson             Bailey
Boan                 Brown, H.            Cain
Carnell              Cato                 Clyburn
Cooper               Davenport            Delleney
Easterday            Harris, J.           Harris, P.
Haskins              Herdklotz            Hines, M.
Hodges               Hutson               Kirsh
Klauber              Koon                 Limbaugh
Littlejohn           Marchbanks           McKay
McMahand             McTeer               Meacham
Neal                 Rhoad                Sandifer
Sharpe               Sheheen              Simrill
Stille               Townsend             Tripp
Trotter              Vaughn               Waldrop
Walker               Wells                Wilkins
Witherspoon          Wofford              Young
Young-Brickell

Total--49

Those who voted in the negative are:

Askins               Breeland             Brown, J.
Byrd                 Cave                 Chamblee
Cobb-Hunter          Cotty                Cromer
Dantzler             Fleming              Fulmer

Printed Page 302 . . . . . Wednesday, January 24, 1996

Gamble               Govan                Hallman
Harrell              Harrison             Hines, J.
Howard               Inabinett            Jennings
Keegan               Kelley               Kennedy
Keyserling           Kinon                Knotts
Lanford              Lee                  Limehouse
Lloyd                Martin               Mason
McAbee               McCraw               Neilson
Phillips             Rice                 Richardson
Riser                Robinson             Rogers
Scott                Seithel              Shissias
Smith, R.            Spearman             Stoddard
Stuart               Thomas               Whatley
Whipper, S.          White                Wilder
Wilkes               Williams             Worley
Wright               
Total--58

So, the House refused to table the motion to adjourn debate.

The question then recurred to the motion to adjourn debate on the Joint Resolution.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that the motion to adjourn debate was out of order in compliance with Rule 8.11 (b) in that one hour had not elapsed.

Rep. SCOTT stated that the Point of Order came too late as the House had already voted.

The SPEAKER stated that the motion to adjourn debate was before the House now and had not been disposed of. He further stated that the motion to adjourn debate was a timed motion and that it was one hour and he sustained the Point of Order.

Rep. SCOTT spoke in favor of the Joint Resolution.

Rep. McMAHAND spoke against the Joint Resolution and moved to table the Joint Resolution.

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

Yeas 47; Nays 64
Printed Page 303 . . . . . Wednesday, January 24, 1996

Those who voted in the affirmative are:
Allison             Anderson            Boan
Brown, H.           Cain                Carnell
Cato                Cooper              Davenport
Delleney            Easterday           Harris, J.
Harris, P.          Harvin              Haskins
Herdklotz           Hines, M.           Hodges
Kirsh               Klauber             Koon
Limbaugh            Littlejohn          Marchbanks
McElveen            McMahand            McTeer
Meacham             Moody-Lawrence      Neal
Neilson             Rice                Robinson
Sandifer            Sharpe              Sheheen
Simrill             Stille              Tripp
Trotter             Waldrop             Walker
Wells               Whipper, L.         Wilkins
Witherspoon         Young

Total--47

Those who voted in the negative are:

Askins               Bailey               Breeland
Brown, G.            Byrd                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cotty                Cromer               Dantzler
Fleming              Gamble               Govan
Hallman              Harrell              Harrison
Hines, J.            Howard               Hutson
Inabinett            Jennings             Keegan
Kelley               Kennedy              Keyserling
Kinon                Knotts               Lanford
Law                  Lee                  Limehouse
Lloyd                Martin               Mason
McAbee               McCraw               Phillips
Quinn                Rhoad                Richardson
Riser                Rogers               Scott
Seithel              Shissias             Smith, D.
Smith, R.            Spearman             Stoddard
Stuart               Thomas               Tucker
Vaughn               Whatley              Whipper, S.
White                Wilder               Wilkes

Printed Page 304 . . . . . Wednesday, January 24, 1996

Williams             Wofford              Wright
Young-Brickell       

Total--64

So, the House refused to table the Joint Resolution.

Rep. T. BROWN moved to adjourn debate upon the Joint Resolution until Wednesday, January 31, which was adopted.

S. 654--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

S. 654 -- Senator Greg Smith: A BILL TO AMEND CHAPTER 5, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT A PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX COLLECTIONS IN EXCESS OF SIX MILLION DOLLARS AND HAS PASSED A REFERENDUM AUTHORIZING THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180.

Rep. INABINETT moved to reconsider the vote whereby the Bill was given a second reading.

Rep. KELLEY moved to table the motion to reconsider.

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

Yeas 59; Nays 45

Those who voted in the affirmative are:

Askins               Bailey               Breeland
Brown, G.            Brown, T.            Cave
Clyburn              Cobb-Hunter          Cromer
Felder               Gamble               Hallman
Harrell              Harris, J.           Harris, P.
Harvin               Hines, J.            Hodges
Howard               Hutson               Jennings

Printed Page 305 . . . . . Wednesday, January 24, 1996

Keegan               Kelley               Keyserling
Kinon                Knotts               Koon
Lanford              Lee                  Limehouse
Lloyd                Martin               Mason
McAbee               McCraw               McTeer
Phillips             Rhoad                Riser
Rogers               Scott                Seithel
Smith, D.            Spearman             Stuart
Thomas               Townsend             Tucker
Wells                Whatley              Whipper, S.
White                Wilkes               Wilkins
Williams             Witherspoon          Worley
Wright               Young

Total--59

Those who voted in the negative are:

Allison              Anderson             Boan
Brown, J.            Byrd                 Cain
Cato                 Chamblee             Cooper
Cotty                Dantzler             Davenport
Delleney             Easterday            Fleming
Haskins              Herdklotz            Hines, M.
Inabinett            Kennedy              Kirsh
Klauber              Law                  Limbaugh
Littlejohn           Marchbanks           McMahand
Meacham              Neal                 Neilson
Quinn                Rice                 Robinson
Sharpe               Sheheen              Shissias
Simrill              Stille               Stoddard
Tripp                Trotter              Vaughn
Walker               Wilder               Wofford

Total--45

So, the motion to reconsider was tabled.

The Bill was read the third time and ordered returned to the Senate with amendments.


Printed Page 306 . . . . . Wednesday, January 24, 1996

SENT TO THE SENATE

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

H. 4033 -- Reps. Wilkins, Witherspoon and Sharpe: A BILL TO AMEND SECTION 50-3-316, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE THE PROVISIONS FOR EMPLOYMENT BASED ON COUNTY OF RESIDENCE.

S. 870--DEBATE ADJOURNED

Rep. McELVEEN moved to adjourn debate upon the following Concurrent Resolution until Wednesday, February 7, which was adopted.

S. 870 -- Senators Leventis and Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF STATE HIGHWAY 76/378 IN SUMTER COUNTY AS THE R. J. CHIC MATHIS HIGHWAY.

MOTION PERIOD

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

H. 3628--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown, Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley, Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF ALCOHOLIC LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO ALCOHOLIC LIQUOR BY THE DRINK.

Rep. HARRISON explained the Joint Resolution.

Rep. SIMRILL proposed the following Amendment No. 1, which was adopted.

Delete provisions for subsistence, mileage and per diem.


Printed Page 307 . . . . . Wednesday, January 24, 1996

Rep. SIMRILL explained the amendment.

The amendment was then adopted.

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

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 83; Nays 11

Those who voted in the affirmative are:

Allison              Askins               Bailey
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Byrd                 Carnell
Cato                 Cave                 Chamblee
Clyburn              Cromer               Dantzler
Davenport            Delleney             Easterday
Felder               Fleming              Gamble
Govan                Hallman              Harris, J.
Harris, P.           Harvin               Haskins
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Jennings             Keegan               Kelley
Kennedy              Keyserling           Klauber
Knotts               Lanford              Law
Lee                  Limbaugh             Littlejohn
Martin               Mason                McCraw
McTeer               Meacham              Moody-Lawrence
Neilson              Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Sharpe               Sheheen
Shissias             Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Thomas               Townsend
Trotter              Vaughn               Wells
Whipper, L.          Whipper, S.          Wilder
Wilkes               Williams             Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell

Total--83


Printed Page 308 . . . . . Wednesday, January 24, 1996

Those who voted in the negative are:
Cain                 Cooper               Cotty
Herdklotz            Kirsh                Marchbanks
Sandifer             Simrill              Tripp
Walker               Wilkins              

Total--11

So, the Joint Resolution, as amended, was read the second time and ordered to third reading.

H. 3174--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, January 31, which was adopted.

H. 3174 -- Reps. P. Harris and Richardson: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A BEGINNER'S DRIVING PERMIT, SO AS TO INCREASE ITS FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-1-140, AS AMENDED, RELATING TO THE ISSUANCE OF A DRIVER'S LICENSE, ITS FEE, AND CONTENTS, SO AS TO INCREASE THE DRIVER'S LICENSE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 56-3-760, AS AMENDED, RELATING TO REGISTRATION FEE FOR MOTORCYCLES AND MOTOR-DRIVEN CYCLES, SO AS TO INCREASE THE FEE AND PLACE A PORTION OF THE FEE IN THE MOTORCYCLE SAFETY EDUCATION TRUST FUND; TO AMEND SECTION 59-53-2010, RELATING TO A STATEWIDE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO REVISE DEFINITIONS; TO AMEND SECTION 59-53-2020, RELATING TO THE CREATION, ADMINISTRATION, INSTRUCTORS, AND CURRICULUM ASSOCIATED WITH THE MOTORCYCLE SAFETY INSTRUCTION PROGRAM, SO AS TO ELIMINATE THE "MOTORCYCLE SAFETY INSTRUCTION PROGRAM", TO CREATE THE "MOTORCYCLE SAFETY EDUCATION PROGRAM", TO ESTABLISH THE MOTORCYCLE SAFETY EDUCATION PROGRAM'S ADMINISTRATION'S PURPOSE, COURSE ENROLLMENT REQUIREMENTS, INSTRUCTOR REQUIREMENTS, AND CURRICULUM; BY ADDING SECTION 59-53-2022 SO AS TO


Printed Page 309 . . . . . Wednesday, January 24, 1996

REQUIRE THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION DEVELOP CERTAIN WRITTEN POLICIES AND PROCEDURES; BY ADDING SECTION 59-53-2024 SO AS TO CREATE, ESTABLISH REVENUE SOURCES FOR, AND PROVIDE FOR THE ADMINISTRATION OF THE SOUTH CAROLINA MOTORCYCLE SAFETY EDUCATION TRUST FUND; BY ADDING SECTION 59-53-2026 SO AS TO ESTABLISH AN ADVISORY COMMITTEE TO ASSIST IN DEVELOPING, ESTABLISHING, AND MAINTAINING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; BY ADDING SECTION 59-53-2028 SO AS TO REQUIRE THE EXECUTIVE DIRECTOR OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO ISSUE A BIANNUAL REPORT REGARDING THE MOTORCYCLE SAFETY EDUCATION PROGRAM; AND TO REPEAL SECTION 59-53-2030 RELATING TO PROGRAM ENROLLMENT FEES.

Rep. COOPER moved that the House recede until 6:45 P.M., which was adopted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4419 -- Rep. Anderson: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME SOUTH CAROLINA HIGHWAY 81 FROM THE CITY LIMIT OF GREENVILLE TO THE POINT ONE MILE SOUTH OF THE CITY LIMIT IN GREENVILLE COUNTY IN HONOR OF BISHOP WILLIAM EDWARD FULLER, SR.

H. 4482 -- Rep. D. Smith: A CONCURRENT RESOLUTION CONGRATULATING SPARTANBURG HIGH SCHOOL ON WINNING THE 1995 CLASS AAAA, DIVISION 1 STATE FOOTBALL CROWN.

THE HOUSE RESUMES

At 6:30 P.M. the House resumed, the SPEAKER in the Chair.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.


| Printed Page 290, Jan. 24 | Printed Page 310, Jan. 24 |

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