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 3240, May 1 | Printed Page 3260, May 2 |

Printed Page 3250 . . . . . Wednesday, May 1, 1996

Those who voted in the affirmative are:
Allison             Anderson            Askins
Bailey              Baxley              Breeland
Brown, J.           Cain                Cave
Chamblee            Cromer              Dantzler
Easterday           Felder              Fleming
Fulmer              Hallman             Harrell
Hines, J.           Hines, M.           Hutson
Jaskwhich           Jennings            Keegan
Kelley              Keyserling          Kinon
Knotts              Lanford             Law
Lee                 Limbaugh            Limehouse
Marchbanks          Mason               McAbee
McCraw              McKay               McMahand
Moody-Lawrence      Neilson             Phillips
Rice                Riser               Sharpe
Sheheen             Smith, R.           Stille
Stoddard            Thomas              Tripp
Trotter             Vaughn              Waldrop
Wells               Whatley             Whipper, L.
Whipper, S.         Wilder              Wilkes
Wilkins             Witherspoon         Wright
Young

Total--64

Those who voted in the negative are:

Boan                 Brown, H.            Byrd
Cato                 Cobb-Hunter          Delleney
Gamble               Harris, J.           Harrison
Hodges               Howard               Kirsh
Koon                 McTeer               Meacham
Neal                 Robinson             Sandifer
Seithel              Shissias             Simrill
Spearman             Stuart               Townsend
Tucker               Walker               Wofford
Young-Brickell       

Total--28

So, the amendment was tabled.


Printed Page 3251 . . . . . Wednesday, May 1, 1996

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that the Bill was out of order as there was no fiscal impact statement attached in compliance with Rule 5.13.

Rep. SHEHEEN stated that the rule had previously been interpreted that the word effect meant to require the expenditure of funds and the Bill did not require the expenditure of funds.

Rep. ROBINSON cited Section 9 on page 3 of the Bill, the definition section.

The SPEAKER overruled the Point of Order.

Rep. YOUNG-BRICKELL explained the Bill.

LEAVE OF ABSENCE

The SPEAKER granted Rep. HODGES a leave of absence for the remainder of the day.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\amend\DKA\3698CM.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. CATO moved to table the amendment, which was agreed to.

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

Yeas 89; Nays 1


Printed Page 3252 . . . . . Wednesday, May 1, 1996

Those who voted in the affirmative are:
Allison              Anderson             Askins
Bailey               Baxley               Boan
Breeland             Brown, H.            Brown, J.
Byrd                 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                  Lee                  Limbaugh
Limehouse            Littlejohn           Lloyd
Loftis               Mason                McAbee
McCraw               McMahand             McTeer
Meacham              Moody-Lawrence       Neilson
Phillips             Quinn                Rice
Riser                Robinson             Sandifer
Seithel              Sharpe               Sheheen
Shissias             Simrill              Smith, R.
Spearman             Stille               Stoddard
Stuart               Thomas               Townsend
Tripp                Trotter              Tucker
Vaughn               Walker               Wells
Whatley              Whipper, L.          Whipper, S.
Wilder               Wilkes               Wilkins
Witherspoon          Wofford              Wright
Young                Young-Brickell

Total--89

Those who voted in the negative are:

Marchbanks           

Total--1

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


Printed Page 3253 . . . . . Wednesday, May 1, 1996

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4982 -- Reps. Richardson and Keyserling: A CONCURRENT RESOLUTION CONGRATULATING MR. MARK BRYAN, MR. DEAN FELBER, MR. DARIUS RUCKER, AND MR. JIM "SONI" SONEFELD, ALL MEMBERS OF THE MUSICAL GROUP, HOOTIE AND THE BLOWFISH, FOR BRINGING RECOGNITION TO THE STATE OF SOUTH CAROLINA THROUGH THEIR EFFORTS AND SUCCESS AS PROFESSIONAL MUSICIANS.

H. 4983 -- Reps. Govan, Scott, Allison, Anderson, Askins, Bailey, Baxley, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Felder, Fleming, Fulmer, Gamble, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, J. Hines, M. Hines, Hodges, Howard, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, J. Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF EUGENE MONTGOMERY OF ORANGEBURG, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.


Printed Page 3254 . . . . . Wednesday, May 1, 1996

ADJOURNMENT

At 5:00 P.M. the House in accordance with the motion of Rep. WALKER adjourned in memory of Walter S. Montgomery, Sr. of Spartanburg, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 3255 . . . . . Thursday, May 2, 1996

Thursday, May 2, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by Rhett Brown, former page and Legislative Aide, who has been accepted into the School of Divinity at Duke as follows:

Gracious God,

We enter into Thy Presence on this National Day of Prayer with great praise and thanksgiving; for You have blessed us with the overwhelming power of Your love and grace. Though we are burdened by the future of our State and its people, You are our eternal source of salvation. Though we are pressed with difficult crises to which the solution is unclear, faithfully You hold the answer to our deepest needs and our most complex questions. Even in our times of loneliness and disappointment, You are always our Loving and Merciful Father Who embraces us with the peace and assurance of a healing hug. O God, the wonder of Your presence in our lives is the resounding hope that ties us together in victory; for You have claimed each of us as Your children with the promise that our journey will not be traveled in vain. How fortunate are we to be loved by the true God Who is always our greatest Supporter and our Dearest Friend.

Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. PHILLIPS moved that when the House adjourns, it adjourn in memory of Randall Hames of Gaffney, which was agreed to.


Printed Page 3256 . . . . . Thursday, May 2, 1996

REPORT OF STANDING COMMITTEE

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:

S. 62 -- Senators McConnell, Rose, Ryberg, Rankin, Elliott, Courson, Wilson and O'Dell: A BILL TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY AND TO DELETE AN OBSOLETE REFERENCE.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 4990 -- Rep. Gamble: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF JOHN DELLENEY "JOHNNY" LOVE OF COLUMBIA, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4991 -- Reps. Cain and Cromer: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES FOREST SERVICE TO DENY A PERMIT APPLICATION TO CONDUCT MINERAL PROSPECTING OPERATIONS ON PUBLIC LANDS IN THE UPPER CHAUGA RIVER WATERSHED.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.


Printed Page 3257 . . . . . Thursday, May 2, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4992 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING THE SOUTH CAROLINA COMMISSION FOR THE BLIND ON THE OCCASION OF ITS THIRTIETH ANNIVERSARY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 4993 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF RETIRED COLONEL ALFRED JUDSON PLOWDEN, JR., OF SUMMERTON AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1406 -- Senator Saleeby: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE MEMBERS OF THE DARLINGTON HIGH SCHOOL TEAM WHICH CAPTURED THE "LIFESMARTS...THE ULTIMATE CONSUMER CHALLENGE" NATIONAL TITLE IN A CONTEST HELD ON APRIL 22-23, 1996 AT L.G. LINE HIGH SCHOOL IN WASHINGTON, D.C.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:

H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 29, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE


Printed Page 3258 . . . . . Thursday, May 2, 1996

30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.

Be it resolved by the House of Representatives, the Senate concurring:

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, May 29, 1996, at 12:00 noon to elect a successor to the Honorable Ralph King Anderson, Jr., of the Circuit Court, At Large, Seat 1, for the term expiring June 30, 1997; to elect a successor to the Honorable William L. Howard of the Ninth Judicial Circuit, for the term expiring June 30, 2000; and to elect a successor to the Honorable John W. Kittredge of the 13th Circuit Family Court, Seat 1, for the term expiring June 30, 2001.

Be it further resolved that all nominations must be made by the Chairman of the Joint Legislative Committee for Judicial Screening and that no further nominating or seconding speeches be made by members of the General Assembly on behalf of any candidate.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison              Baxley               Boan
Brown, H.            Brown, J.            Cain
Canty                Carnell              Cato
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Felder               Fleming              Fulmer
Gamble               Hallman              Harris, J.
Harrison             Hutson               Jennings
Keegan               Kelley               Kirsh
Klauber              Knotts               Koon
Law                  Lee                  Limbaugh
Littlejohn           Loftis               Marchbanks
Mason                McAbee               McCraw
McKay                McMahand             Meacham
Moody-Lawrence       Neilson              Phillips
Quinn                Riser                Robinson
Sandifer             Scott                Sharpe
Sheheen              Shissias             Simrill

Printed Page 3259 . . . . . Thursday, May 2, 1996

Smith, D.            Smith, R.            Spearman
Stuart               Thomas               Tripp
Trotter              Vaughn               Waldrop
Walker               Whatley              Wilder
Wilkins              Williams             Witherspoon
Wofford              Worley               Young
Young-Brickell       
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday, May 2. Eugene C. Stoddard John W. Tucker, Jr. Carole C. Wells David A. Wright C.D. Chamblee Ronald P. Townsend Marion H. Kinon Mack T. Hines William Clyburn Ralph Anderson Wilbur L. Cave Douglas E. McTeer, Jr. Timothy C. Wilkes Jesse E. Hines Floyd Breeland Juanita M. White Walter P. Lloyd Gilda Cobb-Hunter Lucille S. Whipper Jackson S. Whipper Curtis B. Inabinett Steve P. Lanford James H. Hodges Lynn Seithel Harry C. Stille C. Alex Harvin III Jerry N. Govan, Jr. Leon Howard Joseph H. Neal Theodore A. Brown George H. Bailey Alma W. Byrd Grady A. Brown H.B. Limehouse III L. Morgan Martin Michael F. Jaskwhich

Total Present--109

LEAVES OF ABSENCE

The SPEAKER granted Rep. HARRELL a leave of absence for the day due to serving as a chaperon for the Drayton Hall Middle School Chorus on their trip to Washington, D.C. today through Sunday, May 5.

The SPEAKER granted Rep. TROTTER a leave of absence for the remainder of the day.


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