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 3820, May 21 | Printed Page 3840, May 21 |

Printed Page 3830 . . . . . Tuesday, May 21, 1996

R. 382, H. 4159--GOVERNOR'S VETO RECEIVED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

May 20, 1996
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4159, R. 382, an Act:

TO AMEND CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS LICENSE TAXES, BY ADDING ARTICLE 24 ENACTING THE BINGO TAX ACT OF 1996 SO AS TO REGULATE THE GAME OF BINGO AND PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-6-1140, AS AMENDED, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF BINGO PRIZES AND WINNINGS; TO PROVIDE THAT ALL CURRENT BINGO LICENSES EXPIRE AFTER SEPTEMBER 30, 1997, TO SAVE PROCEEDINGS UNDERWAY ON OCTOBER 1, 1997, AND PROVIDE FOR THEIR DISPOSITION UNDER FORMER LAW; TO REPEAL ARTICLE 23, CHAPTER 21, TITLE 12, RELATING TO BINGO REGULATION; AND TO PROVIDE THAT THE BINGO TAX ACT OF 1996 TAKES EFFECT OCTOBER 1, 1997.

This veto is based upon my opposition to the provision which permits bingo winnings to be deducted from South Carolina taxable income. Generally, the purpose of a tax deduction is to encourage a particular economic activity; South Carolina tax policy should not encourage participation in games of chance. In addition, it is simply unfair to require South Carolinians to pay taxes on income they earn from work while exempting winnings from bingo.


Printed Page 3831 . . . . . Tuesday, May 21, 1996

I realize that this Bill is the product of hours of hard work and negotiation, and that many of its provisions strengthen existing law. I encourage the General Assembly to revisit this issue and to pass a Bill that accomplishes the goal of appropriate industry regulation.

For the above reasons, I am returning H. 4159, R. 382, without my approval.

Sincerely,
David M. Beasley

The SPEAKER ordered the veto printed in the Journal.

H. 4994--SENATE AMENDMENTS CONCURRED IN

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

H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 22, 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 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 22, 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 Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.


Printed Page 3832 . . . . . Tuesday, May 21, 1996

HOUSE RESOLUTION

The following was introduced:

H. 5039 -- Rep. D. Smith: A HOUSE RESOLUTION RECOGNIZING AND COMMENDING LAURENCE CHAPMAN OF SPARTANBURG COUNTY FOR HIS MORE THAN FORTY YEARS OF OUTSTANDING LEADERSHIP AND DEDICATED SERVICE TO SCOUTING IN SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 5040 -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE HIS EXCELLENCY TENG HUI LEE, PRESIDENT OF TAIWAN, REPUBLIC OF CHINA, UPON HIS UPCOMING INAUGURATION ON MAY 20, 1996, WHICH MARKS THE FIRST INAUGURATION OF A FREELY ELECTED PRESIDENT OF TAIWAN.

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

CONCURRENT RESOLUTION

The following was taken up for immediate consideration:

H. 5041 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Sharpe, D. Smith, Townsend and Tucker: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21, OF THE CONSTITUTION OF THIS STATE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON TUESDAY, MAY 28, 1996, EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON WEDNESDAY, JUNE 5, 1996, AND ON THURSDAY, JUNE 6, 1996, TO ADJOURN NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; TO PROVIDE THAT PURSUANT TO SECTION 2-1-180 OF THE 1976 CODE, WHEN EACH HOUSE ADJOURNS ON THURSDAY, JUNE 6, 1996, NOT LATER THAN 5:00 P.M., IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON THURSDAY, JUNE 13, 1996, TO CONTINUE IF NECESSARY UNTIL FRIDAY, JUNE 14, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF SPECIFIED MATTERS, TO PROVIDE THAT WHEN EACH HOUSE


Printed Page 3833 . . . . . Tuesday, May 21, 1996

ADJOURNS NOT LATER THAN 5:00 P.M. ON FRIDAY, JUNE 14, 1996, IT SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON MONDAY, JUNE 24, 1996, TO CONTINUE IF NECESSARY UNTIL TUESDAY, JUNE 25, 1996, NOT LATER THAN 5:00 P.M. FOR THE CONSIDERATION OF VETOES ONLY, AND TO PROVIDE THAT WHEN EACH HOUSE OF THE GENERAL ASSEMBLY ADJOURNS NOT LATER THAN 5:00 P.M. ON TUESDAY, JUNE 25, 1996, THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.

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

(A) Pursuant to the provisions of Article III, Section 21 of the Constitution of this State, each house consents and agrees that when the Senate and House of Representatives adjourn on Tuesday, May 28, 1996, each house shall stand adjourned to meet in statewide session at 11:00 a.m. on Wednesday, June 5, 1996, and on Thursday, June 6, 1996, to adjourn not later than 5:00 p.m., for consideration of the following matters:

(1) ratification of acts;

(2) consideration and confirmation of appointments;

(3) consideration of vetoes;

(4) receipt, consideration, and disposition of conference or free conference reports and the appointment of conference or free conference committees;

(5) consideration of local matters when the affected delegation is unanimous;

(6) bills which have received three readings in both houses and have been returned to one house or the other with amendments;

(7) elections which have been scheduled by concurrent resolution; and

(8) resolutions expressing sympathy or congratulations.

(B) Pursuant to Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly as prescribed in Section 2-1-180 is extended as authorized therein to permit the General Assembly to continue in session after 5:00 p.m. on Thursday, June 6, 1996, under the following terms and conditions:

(1) When each house adjourns on Thursday, June 6, 1996, not later than 5:00 p.m., it shall stand adjourned to meet in statewide session at 11:00 a.m. on Thursday, June 13, 1996, and if necessary on Friday, June 14, 1996, to adjourn not later than 5:00 p.m., for consideration of the following matters:


Printed Page 3834 . . . . . Tuesday, May 21, 1996

(a) ratification of acts;

(b) consideration of local matters when the affected delegation is unanimous;

(c) consideration of vetoes;

(d) receipt, consideration, and disposition of conference or free conference reports, and the appointment of conference or free conference committees;

(e) resolutions expressing sympathy or congratulations.

(2) When each house adjourns not later than 5:00 p.m. on Friday, June 14, 1996, it shall stand adjourned to meet in statewide session at 11:00 a.m. on Monday, June 24, 1996, and if necessary on Tuesday, June 25, 1996, to adjourn not later than 5:00 p.m., for the consideration of vetoes, and that when each house of the General Assembly adjourns not later than 5:00 p.m. on Tuesday, June 25, 1996, the General Assembly shall stand adjourned sine die.

(C) Each house may also provide for local session days during the period between May 28, 1996, and June 14, 1996, for consideration of local legislation which has the unanimous consent of the affected delegation.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5042 -- Rep. R. Smith: A CONCURRENT RESOLUTION CONGRATULATING JAMES WILLIAM MCNEILL III OF AIKEN COUNTY FOR BEING CHOSEN THE 1995-96 TEACHER OF THE YEAR.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5043 -- Rep. Clyburn: A CONCURRENT RESOLUTION CONGRATULATING THE A.M.E. CHURCH OF AIKEN ON THE


Printed Page 3835 . . . . . Tuesday, May 21, 1996

JOYOUS OCCASION OF ITS ONE HUNDRED EIGHTIETH ANNIVERSARY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5044 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION COMMENDING JANE DAVIS GRIFFIN, DIRECTOR OF THE LEXINGTON COUNTY PUBLIC LIBRARY SYSTEM, FOR HER MANY YEARS OF OUTSTANDING, DEDICATED SERVICE TO THE CITIZENS OF LEXINGTON COUNTY AND WISHING HER MUCH HAPPINESS FOLLOWING HER RETIREMENT.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 5045 -- Reps. Koon, Rhoad and Stuart: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF U.S. HIGHWAY 301 FROM THE BAMBERG CITY LIMITS TO ELDERBRANCH ROAD IN ORANGEBURG COUNTY AS THE "WILLIAM BLEASE LATTIMORE, SR. MEMORIAL HIGHWAY".

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1420 -- Senators Courson, Holland, Saleeby, Land, Setzler, McConnell, Moore, Bryan, Thomas, Wilson, Passailaigue, Hayes, Courtney, Cork, Gregory, Rankin, Richter, Greg Smith, Waldrep, Boan, Fair and Hutto: A CONCURRENT RESOLUTION TO CONGRATULATE THE UNIVERSITY OF SOUTH CAROLINA ALUMNI ASSOCIATION FOR 150 YEARS OF SERVICE TO THE STATE OF SOUTH CAROLINA AND TO ALUMNI FRIENDS,


Printed Page 3836 . . . . . Tuesday, May 21, 1996

FACULTY, STAFF AND STUDENTS OF THE UNIVERSITY OF SOUTH CAROLINA.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1417 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE HOUSE AND SENATE CHAMBERS IN THE CAROLINA PLAZA AND AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 5, 1996, AND FRIDAY, DECEMBER 6, 1996, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.

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

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 5046 -- Reps. Meacham and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-117 SO AS TO PROVIDE THAT A MOTOR VEHICLE OVER THIRTY YEARS OLD MAY BEAR A SOUTH CAROLINA LICENSE PLATE OF THE MODEL YEAR OF THE VEHICLE UNDER CERTAIN CIRCUMSTANCES.

Referred to Committee on Education and Public Works.

S. 956 -- Senator Rankin: A BILL TO AMEND SECTION 61-9-312, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SPECIAL VERSION OF A SPECIAL RETAIL BEER AND WINE PERMIT FOR OFF-PREMISES CONSUMPTION, SO AS TO REVISE THE MANNER IN WHICH A CERTAIN PORTION


Printed Page 3837 . . . . . Tuesday, May 21, 1996

OF THE REVENUE GENERATED BY THE PERMIT FEES SHALL BE USED.

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 5047 -- Reps. Robinson, Trotter and Rice: A CONCURRENT RESOLUTION TO THANK THE HONORABLE CLAUDE VANCE MARCHBANKS FOR HIS LEADERSHIP, DEDICATED SERVICE, AND HIS UNWAVERING COMMITMENT TO THE GENERAL ASSEMBLY AND TO EXTEND BEST WISHES IN ALL HIS FUTURE ENDEAVORS.

Whereas, our esteemed friend and colleague, the Honorable Claude Vance Marchbanks, has been a member of the House of Representatives since 1991; and

Whereas, he is well respected by those who know him in the General Assembly, through his service as Second Vice-Chairman of the House Ways and Means Committee, Chairman of the Compliance Review Committee/Reorganization Committee, and as a member of the Education and Public Works Committee; and

Whereas, his professionalism and integrity are beyond reproach and have greatly contributed to his outstanding service to his constituents and the State of South Carolina; and

Whereas, he has served in numerous leadership roles in the community where he is admired and held in high esteem; and

Whereas, his pleasant demeanor and intellectual abilities will be greatly missed by the General Assembly as he embarks on new tasks and challenges. Now, therefore,

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

That the members of the General Assembly thank the Honorable Claude Vance Marchbanks for dedicated years of service, his intellectual and pleasant demeanor, competence and leadership skills in the General Assembly, and as he leaves the House of Representatives, wish him well as he embarks on new tasks and challenges.

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


Printed Page 3838 . . . . . Tuesday, May 21, 1996

ROLL CALL

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

Allison              Anderson             Askins
Bailey               Baxley               Breeland
Brown, G.            Brown, H.            Brown, J.
Brown, T.            Byrd                 Cain
Canty                Carnell              Cato
Cave                 Chamblee             Clyburn
Cobb-Hunter          Cooper               Cotty
Cromer               Dantzler             Davenport
Delleney             Easterday            Elliott
Felder               Fleming              Gamble
Govan                Hallman              Harrell
Harris, J.           Herdklotz            Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jaskwhich
Keegan               Kelley               Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Mason                McAbee
McCraw               McKay                McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Neilson              Phillips
Quinn                Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Scott                Seithel
Sharpe               Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Whipper, L.
Whipper, S.          Wilder               Wilkins
Williams             Witherspoon          Wofford
Wright               Young                Young-Brickell

Printed Page 3839 . . . . . Tuesday, May 21, 1996

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, May 21. L. Morgan Martin Timothy F. Rogers Juanita M. White Douglas Jennings, Jr. Patrick B. Harris Joseph T. McElveen, Jr. Ronald C. Fulmer Timothy C. Wilkes William D. Keyserling William D. Boan Ronald P. Townsend C. Alex Harvin III

Total Present--117

LEAVES OF ABSENCE

The SPEAKER granted Rep. P. HARRIS a temporary leave of absence.

The SPEAKER granted Rep. KENNEDY a leave of absence for today and tomorrow.

The SPEAKER granted Rep. HASKINS a leave of absence for the week.

The SPEAKER granted Rep. SHEHEEN a leave of absence for the week due to the death of his mother.

DOCTOR OF THE DAY

Announcement was made that Dr. Mark H. Salley of Columbia is the Doctor of the Day for the General Assembly.

S. 1273--DEBATE ADJOURNED

MESSAGE FROM THE SENATE

Columbia, S.C., May 9, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 317, S. 1273 by a vote of 46 to 0.

(R317) S. 1273 -- Senators Rose, McConnell and Mescher: AN ACT TO DEVOLVE THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE


Printed Page 3840 . . . . . Tuesday, May 21, 1996

DELEGATION REPRESENTING DORCHESTER COUNTY TO THE GOVERNING BODY OF DORCHESTER COUNTY.
Very respectfully,
President

Rep. HUTSON moved to adjourn debate upon the veto message until Wednesday, May 22, which was adopted.


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