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 4350, May 28 | Printed Page 4370, May 28 |

Printed Page 4360 . . . . . Tuesday, May 28, 1996

So, the House refused to table the amendment.
Printed Page 4361 . . . . . Tuesday, May 28, 1996

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

Rep. McABEE proposed the following Amendment No. 3A (Doc Name P:\amend\JIC\6082HTC.96), which was ruled out of order.

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

/SECTION . Chapter 45, Title 12 of the 1976 Code is amended by adding:

"Section 12-45-185. To the extent not otherwise provided by law, for all purposes of enforcement and collection, including Section 12-45-180, uniform service charges levied pursuant to Section 4-9-30(5) on real property are deemed property taxes on the real property subject to the charge."/

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 3A was out of order as it was not germane in that the Bill did not address uniform service charges.

Rep. McABEE argued contra the Point in stating that the Bill addressed property taxes and the amendment was attached to that. He further stated that the amendment stated that the service charges in those sections would apply the same as property taxes as far as enforcement.

ACTING SPEAKER CATO stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

H. 3446--MOTION TO RECONSIDER TABLED

Rep. SEITHEL moved to reconsider the vote whereby debate was adjourned on the following Bill.

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE


Printed Page 4362 . . . . . Tuesday, May 28, 1996

DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.

Rep. FELDER moved to table the motion to reconsider.

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

Yeas 53; Nays 51

Those who voted in the affirmative are:

Askins               Bailey               Beck
Brown, H.            Brown, J.            Cain
Chamblee             Clyburn              Cooper
Dantzler             Delleney             Easterday
Felder               Fulmer               Gamble
Harris, P.           Harvin               Hines, J.
Inabinett            Kinon                Kirsh
Knotts               Koon                 Law
Limbaugh             Littlejohn           Lloyd
Loftis               Mason                McAbee
McCraw               McKay                Neilson
Quinn                Rhoad                Rice
Riser                Robinson             Sharpe
Smith, R.            Spearman             Stoddard
Stuart               Tripp                Trotter
Waldrop              Walker               Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford

Total--53
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Those who voted in the negative are:
Allison              Anderson             Baxley
Breeland             Byrd                 Canty
Cato                 Cave                 Cobb-Hunter
Cotty                Cromer               Davenport
Govan                Hallman              Harrell
Harris, J.           Hines, M.            Hodges
Howard               Hutson               Jaskwhich
Jennings             Kelley               Keyserling
Klauber              Lee                  Limehouse
Martin               McElveen             McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Richardson           Rogers
Sandifer             Scott                Seithel
Sheheen              Shissias             Simrill
Tucker               Wells                Whatley
Whipper, L.          Whipper, S.          White
Wright               Young                Young-Brickell

Total--51

So, the motion to reconsider was tabled.

H. 3740--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3740 -- Rep. Davenport: A BILL TO AMEND SECTION 46-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE MIGRANT FARM WORKERS COMMISSION, SO AS TO REVISE THE NAME AND TO ADD A MEMBER; AND TO AMEND SECTION 46-43-40, RELATING TO THE COOPERATION OF STATE AGENCIES AND DEPARTMENTS WITH THE COMMISSION, SO AS TO REVISE REPORTING REQUIREMENTS.

Rep. SHARPE explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 4364 . . . . . Tuesday, May 28, 1996

SPEAKER IN CHAIR

H. 3730--POINT OF ORDER

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

H. 3730 -- Reps. J. Young, Allison, Askins, Bailey, Baxley, Beatty, Boan, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, Meacham, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Scott, Seithel, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Vaughn, Waldrop, Walker, Wells, Whatley, S. Whipper, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 31, TITLE 23 SO AS TO ENACT THE "LAW ABIDING CITIZENS SELF-DEFENSE ACT OF 1995" AND TO PROVIDE THE REQUIREMENTS FOR THE STATE LAW ENFORCEMENT DIVISION TO ISSUE PERMITS TO ALLOW CERTAIN INDIVIDUALS TO CARRY CONCEALED WEAPONS.

Rep. SCOTT moved to adjourn debate upon the Senate amendments until Wednesday, May 29.

Rep. J. YOUNG moved to table the motion and demanded the yeas and the nays, which were taken resulting as follows:

Yeas 82; Nays 24

Those who voted in the affirmative are:

Allison              Askins               Bailey
Baxley               Beck                 Boan
Brown, H.            Cain                 Cato
Chamblee             Cooper               Cotty
Cromer               Dantzler             Davenport
Delleney             Easterday            Fleming

Printed Page 4365 . . . . . Tuesday, May 28, 1996

Fulmer               Gamble               Hallman
Harrell              Harris, J.           Harris, P.
Harvin               Hodges               Hutson
Jennings             Kelley               Keyserling
Kinon                Kirsh                Klauber
Knotts               Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Mason
McAbee               McCraw               McKay
Meacham              Neilson              Phillips
Quinn                Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stoddard             Stuart               Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          Whipper, S.
Wilkes               Wilkins              Witherspoon
Wofford              Wright               Young
Young-Brickell

Total--82

Those who voted in the negative are:

Anderson             Breeland             Brown, G.
Byrd                 Canty                Cave
Clyburn              Cobb-Hunter          Hines, J.
Hines, M.            Howard               Inabinett
Jaskwhich            Lloyd                Martin
McElveen             McMahand             McTeer
Moody-Lawrence       Neal                 Rogers
Scott                White                Wilder

Total--24

So, the motion to adjourn debate was tabled.


Printed Page 4366 . . . . . Tuesday, May 28, 1996

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 4382--POINT OF ORDER

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

H. 4382 -- Reps. Harrison, Herdklotz, J. Young, Jennings, Riser and Allison: A BILL TO AMEND SECTION 20-4-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDERS FOR PROTECTION FROM DOMESTIC ABUSE, SO AS TO CONFORM THE STATEMENT PERTAINING TO CRIMINAL VIOLATIONS REQUIRED IN SUCH AN ORDER TO AN INCREASE IN THE CRIMINAL PENALTY FOR THIS OFFENSE.

POINT OF ORDER

Rep. MARTIN made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 4526--POINT OF ORDER

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

H. 4526 -- Reps. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman: A BILL TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.

POINT OF ORDER

Rep. SCOTT made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the


Printed Page 4367 . . . . . Tuesday, May 28, 1996

Senate amendments have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 3838--POINT OF ORDER

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

H. 3838 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE FOR A PRESUMPTION OF TOTAL AND PERMANENT DISABILITY IN CASES WHERE THERE IS A FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK, AND PROVIDE THAT THIS PRESUMPTION MAY BE REBUTTED BY A PREPONDERANCE OF THE EVIDENCE.

POINT OF ORDER

Rep. CATO made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

S. 95--RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up.

S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: A BILL TO AMEND SECTION 24-13-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SO AS TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 MAY PARTICIPATE IN THIS PROGRAM; AND TO REPEAL SECTION 24-13-650 WHICH PROHIBITS A PERSON CONVICTED OF A VIOLENT CRIME FROM BEING RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM.


Printed Page 4368 . . . . . Tuesday, May 28, 1996

Reps. MARTIN and LIMBAUGH, with unanimous consent, proposed the following Amendment No. 5 (Doc Name P:\amend\DKA\3832CM.96), which was adopted.

Amend the bill, as and if amended, by striking SECTIONS 2, 3, 4, 5, and 6 in their entirety.

Renumber sections to conform.

Amend title to conform.

Rep. LIMBAUGH explained the amendment.

The amendment was then adopted.

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

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 1123 -- Senator Reese: A BILL TO AMEND SECTION 23-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF RIFLES OR SHOTGUNS, SO AS TO ALLOW RESIDENTS OF ANY STATE RATHER THAN ONLY RESIDENTS OF CONTIGUOUS STATES TO PURCHASE RIFLES AND SHOTGUNS IN THIS STATE.

S. 1213--ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolution was taken up.

S. 1213 -- Senator Holland: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE II, SECTION 4 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO DELETE THE REQUIREMENT THAT A CITIZEN OF THE UNITED STATES AND OF THIS STATE IS ENTITLED TO VOTE ONLY IN THE PRECINCT OF HIS RESIDENCE AND THAT ANY REGISTERED ELECTOR WHO HAS MOVED HIS PLACE OF RESIDENCE DURING THE THIRTY DAYS IMMEDIATELY PRIOR TO THE DATE OF AN ELECTION IS ENTITLED TO VOTE IN HIS PREVIOUS PRECINCT OF RESIDENCE.

Be it enacted by the General Assembly of the State of South Carolina:


Printed Page 4369 . . . . . Tuesday, May 28, 1996

SECTION 1. It is proposed that Article II, Section 4 of the Constitution of this State be amended to read:

"Section 4. Every citizen of the United States and of this State of the age of eighteen and upwards who is properly registered shall be is entitled to vote in the precinct of his residence and not elsewhere. Provided, however, that any registered elector who has moved his place of residence within the State during the thirty days immediately prior to the date of any election shall be entitled to vote in his previous precinct of residence in such election only as provided by law."

SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:

"Shall Article II, Section 4 of the Constitution of this State be amended so as to delete the requirement that a citizen of the United States and of this State is entitled to vote only in the precinct of his residence and that any registered elector who has moved his place of residence during the thirty days immediately prior to the date of an election is entitled to vote in his previous precinct of residence?

Yes []

No []

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word `Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word `No'."

Rep. CROMER explained the Joint Resolution.

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

Yeas 104; Nays 0

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Beck                 Boan
Breeland             Brown, H.            Brown, J.
Byrd                 Cain                 Canty
Carnell              Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cotty                Cromer               Davenport
Delleney             Easterday            Felder

Printed Page 4370 . . . . . Tuesday, May 28, 1996

Fleming              Fulmer               Gamble
Govan                Hallman              Harris, J.
Harris, P.           Harvin               Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jaskwhich
Jennings             Keyserling           Kinon
Kirsh                Klauber              Knotts
Koon                 Lanford              Law
Lee                  Limbaugh             Limehouse
Littlejohn           Lloyd                Loftis
Mason                McAbee               McCraw
McElveen             McKay                McMahand
McTeer               Meacham              Moody-Lawrence
Neal                 Neilson              Phillips
Quinn                Rice                 Richardson
Riser                Robinson             Rogers
Sandifer             Scott                Seithel
Sharpe               Sheheen              Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stoddard
Stuart               Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               Wilkins
Williams             Wofford              Wright
Young                Young-Brickell       

Total--104

Those who voted in the negative are:


Total--0


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