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 3730, May 16 | Printed Page 3750, May 16 |

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chapter. The plates must be issued for biennial periods November first to October thirty-first."

SECTION 23. Section 56-3-2150 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 56-3-2150. The department may issue special motor vehicle license plates to mayors, members of municipal and county councils, and to county coroners of this State for private motor vehicles registered in their names. The biennial fee for these special license plates is the same as the fee provided in Section 56-3-2020, and only Only one plate may be issued to a mayor, councilman, or coroner. The plate must be issued or revalidated biennially for the regular registration and licensing period. The fee for the issuance of this special plate must be the regular motor vehicle registration fee set forth in Article 5, Chapter 3 of this title which must be deposited in the state general fund and the special fee required by Section 56-3-2020 which must be deposited with the Department of Revenue. Every five years the department shall assess the cost of production, administration, and issuance of this plate and provide this information to the General Assembly."

SECTION 24. Section 56-3-2170 of the 1976 Code is amended to read:

"Section 56-3-2170. The license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made to and approved by the department. It is unlawful for any a person to whom such a plate has been issued to knowingly permit it to be displayed on any vehicle except the one authorized by the department. If a holder of such a the plate ceases to be a mayor, member of the municipal or county council, or ceases to be county coroner, he shall immediately return immediately the plate to the department."

SECTION 25. Section 56-3-3310 of the 1976 Code, as last amended by Section 22JJ, Part II, Act 164 of 1993, and Section 1392, Act 181 of 1993, is further amended to read:

"Section 56-3-3310. The department may issue a special motor vehicle license plate to a recipient of the Purple Heart. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020 No fee must be charged for the issuance or renewal of this special license plate which must be a permanent plate unless otherwise provided by the General Assembly, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."


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SECTION 26. Section 56-3-3320 of the 1976 Code, as last amended by Section 22KK, Part II, Act 164 of 1993, is further amended to read:

"Section 56-3-3320. The special license plates must be of the same size as regular motor vehicle license plates, upon which must be imprinted on the left side of the plates the distinctive Purple Heart insignia with numbers and designs determined by the department. The license plate must be issued for a biennial period which expires twenty-four months from the month in which the special license plate is issued."

SECTION 27. Section 56-3-4310 of the 1976 Code, as last amended by Section 1394, Act 181 of 1993, is further amended to read:

"Section 56-3-4310. (A) The department shall issue a special motor vehicle license plate to any retired member of the United States Armed Forces or the member's spouse who is a resident of this State in accordance with the provisions of this section.

(B) The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to any a person for each vehicle owned by that person or that person's spouse, up to a maximum of two vehicles. The revenue from the issuance of plates under this article must be deposited in the manner provided under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department.

(C) Any A person or the person's spouse is authorized to use the special license plates provided by this section if he the person or the person's spouse provides evidence that he the person or the person's spouse is a retired member of the United States Armed Forces."

SECTION 28. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. COOPER explained the amendment.

Rep. SHEHEEN moved to table the amendment.

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

Yeas 48; Nays 51

Those who voted in the affirmative are:

Allison              Anderson             Baxley
Boan                 Breeland             Brown, J.
Brown, T.            Byrd                 Cain

Printed Page 3742 . . . . . Thursday, May 16, 1996

Canty                Carnell              Cave
Chamblee             Cotty                Dantzler
Davenport            Harris, J.           Hines, J.
Hines, M.            Hodges               Howard
Jennings             Keegan               Keyserling
Lee                  Littlejohn           Mason
McCraw               McElveen             McMahand
McTeer               Phillips             Quinn
Richardson           Rogers               Sandifer
Scott                Sheheen              Shissias
Vaughn               Walker               Wells
Whipper, L.          Whipper, S.          White
Wilkes               Williams             Wright

Total--48

Those who voted in the negative are:

Askins               Bailey               Brown, G.
Brown, H.            Cato                 Clyburn
Cooper               Delleney             Easterday
Fleming              Gamble               Hallman
Harrell              Harris, P.           Haskins
Herdklotz            Hutson               Kelley
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Limbaugh             Limehouse            Loftis
Marchbanks           Meacham              Neilson
Rice                 Riser                Robinson
Seithel              Sharpe               Simrill
Smith, D.            Smith, R.            Spearman
Stuart               Townsend             Tripp
Trotter              Tucker               Waldrop
Whatley              Wilder               Wilkins
Wofford              Young                Young-Brickell

Total--51

So, the House refused to table the amendment.

Rep. COOPER spoke in favor of the amendment.


Printed Page 3743 . . . . . Thursday, May 16, 1996

POINT OF ORDER

Rep. WALKER raised the Point of Order that Amendment No. 3 was out of order as it was not germane.

The SPEAKER stated that even though the amendment was 39 pages long, the majority of the amendment was germane and the substantial effect of the amendment was germane to the Bill and he overruled the Point of Order.

Rep. SHEHEEN spoke against the amendment.

Rep. KIRSH moved to continue the Bill.

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

Yeas 18; Nays 79

Those who voted in the affirmative are:

Allison              Breeland             Clyburn
Dantzler             Davenport            Fulmer
Hallman              Hines, M.            Kirsh
Lee                  Littlejohn           McMahand
Moody-Lawrence       Robinson             Sandifer
Scott                Wells                Whipper, S.

Total--18

Those who voted in the negative are:

Askins               Bailey               Baxley
Brown, G.            Brown, H.            Brown, J.
Byrd                 Cain                 Carnell
Cato                 Cave                 Chamblee
Cooper               Cotty                Cromer
Delleney             Easterday            Felder
Gamble               Harrell              Harris, J.
Haskins              Herdklotz            Hines, J.
Hodges               Hutson               Inabinett
Jennings             Keegan               Kelley
Keyserling           Kinon                Klauber
Knotts               Koon                 Lanford
Law                  Limbaugh             Limehouse
Lloyd                Loftis               Marchbanks

Printed Page 3744 . . . . . Thursday, May 16, 1996

Martin               Mason                McCraw
McElveen             Meacham              Neilson
Phillips             Quinn                Rice
Richardson           Riser                Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, R.            Spearman
Stille               Stuart               Townsend
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Whatley              White                Wilder
Wilkes               Wilkins              Williams
Wofford              Wright               Young
Young-Brickell

Total--79

So, the House refused to continue the Bill.

The question then recurred to the adoption of the amendment, which was agreed to.

SPEAKER PRO TEMPORE IN CHAIR

Rep. G. BROWN proposed the following Amendment No. 5 (Doc Name P:\amend\JIC\6057HTC.96).

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION . The retired chairman of the Auctioneers Commission is authorized a special license plate upon payment of both the regular annual fee for motor vehicle registration plus the personalized licensed plate fee provided by Section 56-3-2020 of the 1976 Code./

Renumber sections to conform.

Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

Reps. QUINN, KIRSH, SEITHEL, MARCHBANKS, S. WHIPPER, ROBINSON, HALLMAN, SANDIFER, WALKER, KNOTTS and TUCKER objected to the Bill.


Printed Page 3745 . . . . . Thursday, May 16, 1996

S. 35--POINT OF ORDER

The following Bill was taken up.

S. 35 -- Senators Passailaigue and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 1 SO AS TO PROVIDE FOR A PRIVATIZATION POLICY BOARD BY SETTING FORTH DEFINITIONS, MEMBERS, AND DUTIES.

POINT OF ORDER

Rep. KNOTTS 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 Pro Tempore sustained the Point of Order.

S. 72--POINT OF ORDER

The following Bill was taken up.

S. 72 -- Senators McConnell and Hayes: A BILL TO AMEND SECTION 20-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT A HUSBAND AND WIFE LIVING SEPARATE AND APART WITHOUT COHABITATION FOR A PERIOD OF ONE YEAR MEANS A VOLUNTARY OR INVOLUNTARY SEPARATION.

POINT OF ORDER

Rep. KNOTTS 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 Pro Tempore sustained the Point of Order.

S. 73--POINT OF ORDER

The following Joint Resolution was taken up.

S. 73 -- Senators McConnell and Hayes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GROUNDS FOR DIVORCE, SO AS TO PROVIDE THAT THE GROUND OF CONTINUOUS SEPARATION FOR A PERIOD OF ONE YEAR MAY BE A VOLUNTARY OR INVOLUNTARY SEPARATION.


Printed Page 3746 . . . . . Thursday, May 16, 1996

POINT OF ORDER

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

The SPEAKER Pro Tempore sustained the Point of Order.

S. 556--POINT OF ORDER

The following Joint Resolution was taken up.

S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.

POINT OF ORDER

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

The SPEAKER Pro Tempore sustained the Point of Order.

S. 583--POINT OF ORDER

The following Bill was taken up.

S. 583 -- Senator Russell: A BILL TO AMEND SECTION 7-5-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE QUALIFICATIONS AND DISQUALIFICATIONS FOR REGISTRATION TO VOTE, SO AS TO CHANGE THE AGE QUALIFICATION TO BE CONSISTENT WITH PROPOSED CONSTITUTIONAL REQUIREMENTS FOR ALLOWING A CITIZEN WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN TO BE A QUALIFIED ELECTOR.


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POINT OF ORDER

Rep. KNOTTS 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 Pro Tempore sustained the Point of Order.

S. 776--POINT OF ORDER

The following Bill was taken up.

S. 776 -- Senators Lander, Giese and Matthews: A BILL TO AMEND SECTION 15-27-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INTERPRETERS FOR THE DEAF IN LEGAL PROCEEDINGS, SO AS TO DEFINE "QUALIFIED INTERPRETER" AND "DEAF PERSON" AND TO FURTHER PROVIDE FOR THE TYPES OF HEARINGS AT WHICH INTERPRETERS MUST BE PROVIDED.

POINT OF ORDER

Rep. SEITHEL 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 Pro Tempore sustained the Point of Order.

OBJECTION TO RECALL

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

Rep. KNOTTS objected.

OBJECTION TO RECALL

Rep. PHILLIPS asked unanimous consent to recall H. 4381 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

OBJECTION TO RECALL

Rep. MARTIN asked unanimous consent to recall S. 862 from the Committee on Judiciary.

Rep. YOUNG-BRICKELL objected.

OBJECTION TO RECALL

Rep. WRIGHT asked unanimous consent to recall S. 604 from the Committee on Labor, Commerce and Industry.


Printed Page 3748 . . . . . Thursday, May 16, 1996

Rep. CATO objected.

OBJECTION TO RECALL

Rep. LITTLEJOHN asked unanimous consent to recall S. 1037 from the Committee on Judiciary.

Rep. FULMER objected.

OBJECTION TO RECALL

Rep. LIMBAUGH asked unanimous consent to recall S. 1047 from the Committee on Judiciary.

Rep. SCOTT objected.

OBJECTION TO RECALL

Rep. MEACHAM asked unanimous consent to recall H. 4593 from the Committee on Labor, Commerce and Industry.

Rep. KIRSH objected.

OBJECTION TO RECALL

Rep. RISER asked unanimous consent to recall S. 1263 from the Committee on Agriculture, Natural Resources and Environmental Affairs.

Rep. KNOTTS objected.

OBJECTION TO RECALL

Rep. SEITHEL asked unanimous consent to recall H. 4076 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

OBJECTION TO RECALL

Rep. TOWNSEND asked unanimous consent to recall S. 1219 from the Committee on Education and Public Works.

Rep. KNOTTS objected.

S. 1260--RECALLED FROM THE COMMITTEE ON AGRICULTURE, NATURAL RESOURCES AND ENVIRONMENTAL AFFAIRS

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

S. 1260 -- Senators Leventis, McGill, Moore, Richter, McConnell, Gregory, Russell, Jackson, Greg Smith, Passailaigue, Courson, Land and Thomas: A BILL TO AMEND SECTION 47-3-75, CODE OF LAWS OF


Printed Page 3749 . . . . . Thursday, May 16, 1996

SOUTH CAROLINA, 1976, RELATING TO DOGS AND OTHER DOMESTIC ANIMALS, REGULATION BY COUNTIES, AND THE TRANSFER OF A DOMESTIC ANIMAL TO AN ANIMAL SHELTER TEN DAYS AFTER THE DATE THE OWNER WAS TO PICK UP THE ANIMAL, SO AS TO PROVIDE THAT A PERSON WHO FAILS TO PICK UP AN ANIMAL OR WHO ABANDONS ONE AT AN ANIMAL HOSPITAL, A DOG KENNEL, A CAT KENNEL, ANOTHER ANIMAL CARE FACILITY, OR BOARDING FACILITY IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE PENALTIES.

OBJECTION TO RECALL

Rep. WALKER asked unanimous consent to recall H. 4658 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

SPEAKER IN CHAIR

H. 3170--DEBATE ADJOURNED

Rep. HASKINS moved to adjourn debate upon the Senate amendments to the following Joint Resolution until Tuesday, May 21, which was adopted.

H. 3170 -- Reps. Govan, Simrill, Inabinett, Lloyd and Hines: A JOINT RESOLUTION TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO INCUR A LIMITED AMOUNT OF DEBT FOR A PERIOD NOT TO EXCEED EIGHT MONTHS FOR THE STATE HOUSE RENOVATION PROJECT AND TO REQUIRE THAT THE DEBT BE RETIRED FROM APPROPRIATIONS AUTHORIZED FOR THE STATE HOUSE RENOVATION PROJECT IN FISCAL YEAR 1996-97.

H. 3915--DEBATE ADJOURNED

The Senate amendments to the following Bill were taken up for consideration.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL


Printed Page 3750 . . . . . Thursday, May 16, 1996

ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.


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