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

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| Printed Page 3230, May 1 | Printed Page 3250, May 1 |

Printed Page 3240 . . . . . Wednesday, May 1, 1996

Rep. NEAL proposed the following Amendment No. 5, which was tabled.

Require Remediation before students allowed to take Triple E a fourth time.

Rep. NEAL explained the amendment.

POINT OF ORDER

Rep. MARCHBANKS raised the Point of Order that Amendment No. 5 was out of order as it was the same as a previous amendment.

The SPEAKER stated that it was similar to a previous amendment, but not identical, and he overruled the Point of Order.

Rep. TOWNSEND moved to table the amendment.

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

Yeas 62; Nays 23

Those who voted in the affirmative are:

Allison              Baxley               Boan
Brown, H.            Cain                 Cato
Chamblee             Cromer               Dantzler
Delleney             Easterday            Felder
Fulmer               Gamble               Hallman
Harrell              Harris, J.           Harrison
Hutson               Jennings             Keegan
Kelley               Kinon                Kirsh
Knotts               Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McCraw               McKay
Phillips             Quinn                Rice
Riser                Robinson             Seithel
Sheheen              Shissias             Simrill
Smith, R.            Spearman             Stoddard
Stuart               Thomas               Townsend
Tripp                Trotter              Vaughn
Waldrop              Walker               Wells

Printed Page 3241 . . . . . Wednesday, May 1, 1996

Whatley              Wilkins              Witherspoon
Wofford              Young

Total--62

Those who voted in the negative are:

Anderson             Breeland             Brown, J.
Cave                 Cobb-Hunter          Hines, J.
Hines, M.            Howard               Jaskwhich
Lee                  Lloyd                McAbee
McMahand             Meacham              Moody-Lawrence
Neal                 Sandifer             Stille
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               

Total--23

So, the amendment was tabled.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 6 (Doc Name P:\amend\BBM\10802SD.96), which was tabled.

Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Notwithstanding any other provision of law, a person required to take and pass the Education Entrance Examination (EEE), pursuant to Section 59-26-20(e) or 59-26-40 of the 1976 Code, who has failed to achieve a passing score on all sections after the number of attempts allowed by law may retake for a fourth time any test section not passed. Students must be remediated before the fourth time.

The person must first complete a remedial or developmental course from a post-secondary institution in the subject area of any test section not passed and provide satisfactory evidence of completion of this required remedial or developmental course to the State Superintendent of Education.

SECTION 2. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. MOODY-LAWRENCE was recognized.


Printed Page 3242 . . . . . Wednesday, May 1, 1996

POINT OF ORDER

Rep. TOWNSEND raised the Point of Order that Amendment No. 6 was out of order as it was the combination of two amendments that had already been addressed by the House.

The SPEAKER overruled the Point of Order.

Rep. MOODY-LAWRENCE explained the amendment.

Rep. TOWNSEND moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 53 to 14.

Rep. MOODY-LAWRENCE moved to continue the Joint Resolution.

POINT OF ORDER

Rep. TOWNSEND raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

Rep. NEAL moved to table the Joint Resolution.

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

Yeas 41; Nays 51

Those who voted in the affirmative are:

Anderson             Breeland             Brown, J.
Byrd                 Cain                 Cato
Cave                 Cobb-Hunter          Cromer
Delleney             Easterday            Felder
Fulmer               Hallman              Harrell
Hines, J.            Hines, M.            Howard
Limbaugh             Limehouse            Lloyd
Loftis               Marchbanks           Mason
McMahand             Moody-Lawrence       Neal
Rice                 Riser                Robinson
Sharpe               Sheheen              Tripp
Trotter              Vaughn               Waldrop

Printed Page 3243 . . . . . Wednesday, May 1, 1996

Whatley              Whipper, L.          Whipper, S.
White                Wilkes

Total--41

Those who voted in the negative are:

Allison              Askins               Bailey
Baxley               Boan                 Brown, H.
Dantzler             Fleming              Gamble
Harris, J.           Hutson               Jaskwhich
Jennings             Keegan               Kelley
Keyserling           Kinon                Kirsh
Knotts               Koon                 Lanford
Law                  Littlejohn           McAbee
McCraw               McKay                McTeer
Meacham              Neilson              Phillips
Sandifer             Seithel              Shissias
Simrill              Smith, R.            Spearman
Stille               Stoddard             Stuart
Thomas               Townsend             Tucker
Walker               Wells                Wilder
Wilkins              Witherspoon          Wofford
Wright               Young                Young-Brickell

Total--51

So, the House refused to table the Joint Resolution.

Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:

Yeas 51; Nays 40

Those who voted in the affirmative are:

Allison              Askins               Bailey
Boan                 Brown, H.            Chamblee
Dantzler             Felder               Fleming
Gamble               Harris, J.           Harrison
Hutson               Jennings             Keegan
Kelley               Keyserling           Kinon
Kirsh                Knotts               Koon
Lanford              Law                  Mason

Printed Page 3244 . . . . . Wednesday, May 1, 1996

McAbee               McCraw               McKay
McTeer               Moody-Lawrence       Neilson
Phillips             Riser                Sharpe
Shissias             Smith, R.            Spearman
Stille               Stoddard             Stuart
Thomas               Townsend             Waldrop
Wells                Whipper, S.          Wilder
Wilkins              Witherspoon          Wofford
Wright               Young                Young-Brickell

Total--51

Those who voted in the negative are:

Anderson             Baxley               Breeland
Brown, J.            Cain                 Cato
Cave                 Cobb-Hunter          Cromer
Delleney             Easterday            Fulmer
Hallman              Harrell              Hines, J.
Hines, M.            Howard               Limbaugh
Limehouse            Littlejohn           Lloyd
Loftis               Marchbanks           McMahand
Meacham              Neal                 Rice
Robinson             Sandifer             Seithel
Sheheen              Simrill              Tripp
Trotter              Vaughn               Walker
Whatley              Whipper, L.          White
Wilkes               

Total--40

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

H. 4651--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 2, which was adopted.

H. 4651 -- Reps. Harrison, Seithel and Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY ANY LIVE ANIMAL AS A PRIZE FOR, OR AS AN


Printed Page 3245 . . . . . Wednesday, May 1, 1996

INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT WHEREBY THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE; TO MAKE IT UNLAWFUL TO RAFFLE, ASK FOR DONATIONS, OR GIVE AWAY TICKETS OR HOLD DRAWINGS TO RECEIVE OR WIN ANY LIVE ANIMAL; AND TO PROVIDE PENALTIES.

H. 4871--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4871 -- Reps. Harrison, D. Smith and Wilkins: A BILL TO DEVOLVE THE POWERS, DUTIES, AND RESPONSIBILITIES OF THE SECRETARY OF STATE UPON CERTAIN STATE OFFICERS, PERSONS, AND AGENCIES.

AMENDMENT NO. 1--ADOPTED

Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 24, by the Committee on Judiciary.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Reps. D. SMITH and HARRISON proposed the following Amendment No. 2 (Doc Name P:\amend\GJK\22736DW.96), which was adopted.

Amend the Report of the Committee on Judiciary, as and if amended, page 4871-312, by striking SECTION 592 in its entirety and inserting:

/SECTION 592. This act takes effect July 1, 1997./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Pursuant to Rule 7.7 the yeas and nays were taken on the passage of the Bill on second reading resulting as follows:

Yeas 81; Nays 1

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Baxley               Brown, H.

Printed Page 3246 . . . . . Wednesday, May 1, 1996

Brown, J.            Cain                 Cato
Cave                 Chamblee             Cobb-Hunter
Cromer               Dantzler             Delleney
Easterday            Felder               Fleming
Fulmer               Gamble               Hallman
Harrell              Harris, J.           Harrison
Hines, J.            Hines, M.            Hutson
Jennings             Keegan               Kelley
Keyserling           Kinon                Kirsh
Knotts               Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Mason                McCraw               McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neilson              Phillips
Rice                 Riser                Robinson
Sandifer             Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, R.            Spearman             Stille
Stoddard             Stuart               Townsend
Trotter              Tucker               Waldrop
Walker               Wells                Whatley
Whipper, S.          White                Wilder
Wilkes               Wilkins              Wofford
Wright               Young                Young-Brickell

Total--81

Those who voted in the negative are:

Howard               

Total--1

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

H. 4810--RECOMMITTED

The following Bill was taken up.

H. 4810 -- Reps. Martin, Jennings, Kelley, J. Young and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,


Printed Page 3247 . . . . . Wednesday, May 1, 1996

1976, BY ADDING SECTION 61-13-465 SO AS TO PROVIDE THAT NO UNDERCOVER AGENT UNDER THE AGE OF TWENTY-ONE OF THE DEPARTMENT OF REVENUE AND TAXATION OR ANY OTHER STATE OR LOCAL LAW ENFORCEMENT AGENCY MAY PURCHASE OR ATTEMPT TO PURCHASE BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON OR OFF-PREMISES CONSUMPTION AT AN ESTABLISHMENT LICENSED TO MAKE SUCH SALES UNLESS THE DEPARTMENT OR AGENCY HAS TWO DOCUMENTED INSTANCES THAT THE ESTABLISHMENT HAS VIOLATED PROVISIONS OF LAW PROHIBITING THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR TO MINORS, AND TO PROVIDE REMEDIES FOR VIOLATIONS.

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

H. 4902--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4902 -- Reps. Limehouse, Wilder, McMahand, Stoddard, Vaughn, Trotter, Rhoad, Breeland, Tripp, Easterday, Harrell and Herdklotz: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE SOUTH CAROLINA TRANSPORTATION INFRASTRUCTURE BANK ACT AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO AUTHORIZE THE BANK TO PROVIDE LOANS AND OTHER FINANCIAL ASSISTANCE TO GOVERNMENT UNITS AND PRIVATE ENTITIES TO FINANCE PUBLIC HIGHWAY AND TRANSIT PROJECTS; TO AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO FUND THE BANK WITH UP TO FIVE PERCENT OF FUNDS APPROPRIATED FOR THE CONSTRUCTION AND MAINTENANCE OF STATE HIGHWAYS TO ALLOW FEDERAL GRANTS, LOAN REPAYMENTS, AND OTHER AVAILABLE AMOUNTS TO BE CREDITED TO THE BANK; AND TO AUTHORIZE LENDING TO AND BORROWING BY GOVERNMENT UNITS AND PRIVATE ENTITIES THROUGH THE BANK.


Printed Page 3248 . . . . . Wednesday, May 1, 1996

Reps. YOUNG-BRICKELL, KIRSH and J. HARRIS proposed the following Amendment No. 2 (Doc Name P:\amend\DKA\3712CM.96), which was tabled.

Amend the bill, as and if amended, by striking Section 11-42-40, SECTION 1, page 5, and inserting:

/Section 11-42-40. The board of directors is the governing board of the bank. The board shall consist of five voting members as follows: the deputy director of Finance and Administration of the Department of Transportation in an ex officio capacity; one member appointed by the Department of Transportation who shall serve as chairman; one member appointed by the State Treasurer; the director of the Department of Commerce in an ex officio capacity or the director's appointee; and one member appointed by the Governor. All appointed members shall serve two-year terms, terminable at the will of the appointing agency or officer. However, the initial appointees of the Department of Transportation shall serve an initial three-year term."

Amend title to conform.

Rep. YOUNG-BRICKELL explained the amendment.

Rep. LIMEHOUSE spoke against the amendment.

Rep. YOUNG-BRICKELL spoke in favor of the amendment.

Rep. LIMEHOUSE spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. MARCHBANKS moved to commit the Bill to the Ways and Means Committee.

Rep. YOUNG-BRICKELL moved to table the motion.

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

Yeas 82; Nays 12

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Baxley               Breeland
Brown, H.            Brown, J.            Cain
Cato                 Cave                 Cobb-Hunter
Dantzler             Delleney             Easterday
Felder               Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harrison             Hines, J.

Printed Page 3249 . . . . . Wednesday, May 1, 1996

Hodges               Howard               Hutson
Jaskwhich            Jennings             Keegan
Kelley               Keyserling           Kirsh
Knotts               Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Mason                McAbee               McCraw
McKay                McMahand             McTeer
Meacham              Neal                 Neilson
Phillips             Rice                 Riser
Robinson             Sandifer             Seithel
Sharpe               Shissias             Simrill
Smith, R.            Stille               Stoddard
Thomas               Tripp                Trotter
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
Whipper, S.          White                Wilder
Wilkes               Wilkins              Witherspoon
Wofford              Wright               Young
Young-Brickell

Total--82

Those who voted in the negative are:

Boan                 Chamblee             Cromer
Hines, M.            Kinon                Lee
Marchbanks           Moody-Lawrence       Sheheen
Spearman             Stuart               Tucker

Total--12

So, the motion to table was agreed to.

Rep. LIMEHOUSE moved to table the amendment.

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

Yeas 64; Nays 28
| Printed Page 3230, May 1 | Printed Page 3250, May 1 |

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