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 4870, June 12 | Printed Page 4890, June 12 |

Printed Page 4880 . . . . . Wednesday, June 12, 1996

RECORD FOR VOTING

I was temporarily away from my desk during the vote on H. 4159. Had I been present, I would have voted to sustain the veto.

Rep. RONALD N. FLEMING

H. 3300--SUSTAINED

The veto on the following Act was taken up.

(R419) H. 3300 -- Reps. Limehouse, Fleming, Allison, G. Brown, J. Brown, Cain, Chamblee, Cotty, Davenport, Delleney, Easterday, Fair, Felder, Fulmer, Hallman, Harrell, Harrison, Haskins, Herdklotz, Hodges, Huff, Hutson, Kinon, Knotts, Koon, Lanford, Limbaugh, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McCraw, McElveen, McKay, McTeer, Phillips, Rice, Robinson, Sandifer, Sharpe, Shissias, D. Smith, Stoddard, Tripp, Trotter, Vaughn, Wells, Whatley, Wilder, Wright, A. Young, Cobb-Hunter, Baxley, Kelley, Keyserling, Govan, Inabinett, H. Brown, Witherspoon, Simrill, Keegan, Townsend, Kennedy, Jaskwhich, Stuart, L. Whipper, Stille, Byrd, Meacham, Law, Riser,


Printed Page 4881 . . . . . Wednesday, June 12, 1996

Dantzler, Richardson, J. Young, Seithel and Bailey: AN ACT TO AMEND ARTICLE 7, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO REVISE THE STATE LAW ENFORCEMENT DIVISION'S REGULATORY AUTHORITY, TO REVISE THE CONDITIONS UPON WHICH A PERSON MUST REGISTER, THE DEFINITION OF AN OFFENDER, A SHERIFF'S DUTY REGARDING REGISTERING AN OFFENDER, TO SUBSTITUTE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES FOR STATE DEPARTMENT OF PROBATION AND PAROLE SERVICES, TO SUBSTITUTE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES FOR DEPARTMENT OF MOTOR VEHICLES, TO REVISE THE PENALTIES FOR FAILURE TO REGISTER, TO PROVIDE PENALTIES FOR A PERSON WHO GIVES FALSE INFORMATION WHEN REGISTERING AS AN OFFENDER, TO PROVIDE THAT CERTAIN PERSONS CONVICTED AND RELEASED PRIOR TO JULY 1, 1994, ARE NOT REQUIRED TO REGISTER, AND TO PROVIDE THE CONDITIONS UPON WHICH INFORMATION CONTAINED IN THE SEX OFFENDER REGISTRY MUST BE RELEASED TO THE PUBLIC; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO REVISE THE AGE OF THE PERPETRATOR AND TO ESTABLISH THE OFFENSE OF SEXUAL MISCONDUCT WITH A MINOR.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 2; Nays 64

Those who voted in the affirmative are:

Baxley               Martin

Total--2

Those who voted in the negative are:

Bailey               Beck                 Brown, H.
Brown, J.            Cain                 Cato
Cave                 Chamblee             Cooper
Cotty                Cromer               Dantzler
Delleney             Easterday            Fleming

Printed Page 4882 . . . . . Wednesday, June 12, 1996

Fulmer               Gamble               Harrell
Harris, J.           Harris, P.           Haskins
Herdklotz            Hutson               Keegan
Kelley               Kirsh                Koon
Law                  Littlejohn           Loftis
Marchbanks           Mason                McCraw
McKay                Meacham              Moody-Lawrence
Neilson              Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Sharpe               Sheheen
Shissias             Smith, R.            Spearman
Stoddard             Stuart               Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Wilder               Wilkins  
Witherspoon          Wofford              Young
Young-Brickell       

Total--64

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. GOVAN a leave of absence for the remainder of the day.

HOUSE STANDS AT EASE

The House stood at ease subject to the call of Chair.

THE HOUSE RESUMES

At 2:20 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

SPEAKER IN CHAIR


Printed Page 4883 . . . . . Wednesday, June 12, 1996

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. HASKINS moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

H. 4737--SUSTAINED

The veto on the following Act was taken up.

(R432) H. 4737 -- Reps. Chamblee, Lanford, Kirsh, Harrison, Wofford and Trotter: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-425 SO AS TO REQUIRE APPROVAL BY THE STATE BUDGET AND CONTROL BOARD FOR REQUESTS FOR INFORMATION TECHNOLOGY EQUIPMENT AND SERVICES, TO PROVIDE CRITERIA FOR APPROVAL, AND TO ESTABLISH THE INFORMATION TECHNOLOGY ADVISORY COUNCIL TO ASSIST THE BOARD; TO ADD SECTION 59-7-70 SO AS TO REQUIRE THE TRANSFER OF TRANSMISSION AND RECEPTION EQUIPMENT PURCHASED BY SOUTH CAROLINA EDUCATIONAL TELEVISION (SCETV) FOR SCHOOLS TO THE SCHOOL DISTRICTS; TO ADD SECTION 59-7-80 SO AS TO REQUIRE THE SCETV COMMISSION TO DEVELOP CERTAIN REVENUE, INVESTMENT, AND MARKETING PLANS; TO AMEND SECTION 59-7-10, AS AMENDED, RELATING TO THE SCETV COMMISSION, SO AS TO FURTHER DELINEATE CRITERIA FOR MEMBERS; AND TO AMEND SECTION 59-7-20, RELATING TO ADVISORY COMMITTEES OF THE SCETV COMMISSION, SO AS TO REVISE THE ADVISORY COMMITTEE STRUCTURE, TO DIRECT THE SCETV COMMISSION, WITH THE STATE DEPARTMENT OF EDUCATION, TO CONDUCT A STUDY TO EVALUATE THE EFFECTIVENESS OF INSTRUCTIONAL TELEVISION, AND TO PROVIDE THAT THE SCETV COMMISSION IS REAUTHORIZED UNDER SECTION 1-20-60 UNTIL JULY 1, 2003.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 3; Nays 87

Those who voted in the affirmative are:

Moody-Lawrence       Sheheen              Whipper, S.

Total--3
Printed Page 4884 . . . . . Wednesday, June 12, 1996

Those who voted in the negative are:

Allison              Bailey               Baxley
Beck                 Boan                 Brown, G.
Brown, H.            Brown, J.            Brown, T.
Cain                 Carnell              Cato
Cave                 Chamblee             Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Felder               Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harris, P.           Herdklotz
Hines, J.            Hodges               Hutson
Jennings             Keegan               Kelley
Kinon                Kirsh                Knotts
Koon                 Lanford              Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McAbee
McCraw               McElveen             McKay
Meacham              Neilson              Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Sandifer
Seithel              Sharpe               Shissias
Simrill              Smith, D.            Smith, R.
Spearman             Stille               Stuart
Townsend             Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               Wells                Whatley
Wilder               Wilkes               Wilkins
Williams             Witherspoon          Wofford
Wright               Young                Young-Brickell

Total--87

So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

SPEAKER PRO TEMPORE IN CHAIR


Printed Page 4885 . . . . . Wednesday, June 12, 1996

H. 3730--INTERRUPTED DEBATE

CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 29, 1996

The COMMITTEE OF CONFERENCE, to whom was referred:

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.

/s/Harvey S. Peeler, Jr. .......... /s/J. Gary Simrill
/s/C. Tyrone Courtney .......... /s/James S. Klauber
James E. Bryan, Jr. .......... /s/W. Jeffrey Young

On Part of the Senate. .......... On Part of the House.

Rep. J. YOUNG explained the Conference Report.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that the Conference Report was out of order under Rule 5.15 in that it had not been printed in the Journal.

SPEAKER Pro Tempore HASKINS sustained the Point of Order.


Printed Page 4886 . . . . . Wednesday, June 12, 1996

RULE 5.14 WAIVED

Rep. SIMRILL moved to waive Rule 5.14.

The yeas and nays were taken resulting as follows:

Yeas 76; Nays 22

Those who voted in the affirmative are:

Allison              Askins               Bailey
Beck                 Boan                 Brown, H.
Cain                 Carnell              Cato
Chamblee             Cooper               Cotty
Cromer               Dantzler             Davenport
Delleney             Easterday            Felder
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harris, P.           Haskins              Herdklotz
Hodges               Hutson               Keegan
Kelley               Kinon                Kirsh
Knotts               Koon                 Law
Limbaugh             Littlejohn           Loftis
Marchbanks           Mason                McAbee
McCraw               McKay                Meacham
Neilson              Phillips             Quinn
Rhoad                Rice                 Richardson
Riser                Robinson             Sandifer
Sharpe               Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stoddard             Stuart               Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Wilkins              Witherspoon
Wofford              Wright               Young
Young-Brickell

Total--76

Those who voted in the negative are:

Anderson             Baxley               Brown, G.
Brown, J.            Byrd                 Canty
Cave                 Clyburn              Cobb-Hunter
Govan                Hines, J.            Hines, M.

Printed Page 4887 . . . . . Wednesday, June 12, 1996

Howard               Keyserling           Martin
McTeer               Moody-Lawrence       Rogers
Scott                Sheheen              Whipper, L.
Wilder               

Total--22

So, Rule 5.14 was waived.

Rep. J. YOUNG continued speaking.

Rep. CANTY moved to table the Conference Report and demanded the yeas and nays, which were taken resulting as follows:

Yeas 24; Nays 71

Those who voted in the affirmative are:

Anderson             Baxley               Brown, G.
Brown, J.            Byrd                 Canty
Cave                 Clyburn              Cobb-Hunter
Govan                Hines, J.            Hines, M.
Howard               Keyserling           Lee
Marchbanks           Martin               McElveen
McTeer               Moody-Lawrence       Scott
Sheheen              Whipper, L.          Wilder

Total--24

Those who voted in the negative are:

Askins               Bailey               Beck
Boan                 Brown, H.            Cain
Carnell              Cato                 Chamblee
Cooper               Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Fleming              Gamble
Hallman              Harris, J.           Harris, P.
Haskins              Herdklotz            Hodges
Hutson               Keegan               Kelley
Kinon                Kirsh                Knotts
Koon                 Law                  Limbaugh
Littlejohn           Loftis               Mason
McAbee               McCraw               McKay

Printed Page 4888 . . . . . Wednesday, June 12, 1996

Meacham              Neilson              Phillips
Quinn                Rhoad                Rice
Richardson           Riser                Robinson
Sandifer             Seithel              Sharpe
Shissias             Simrill              Smith, R.
Spearman             Stoddard             Stuart
Tripp                Trotter              Tucker
Vaughn               Waldrop              Walker
Wells                Whatley              Wilkins
Witherspoon          Wofford              Wright
Young                Young-Brickell       

Total--71

So, the House refused to table the Conference Report.

Reps. McELVEEN and MARTIN spoke against the Conference Report.

Rep. HOWARD spoke against the Conference Report.

SPEAKER IN CHAIR

Rep. HOWARD continued speaking.

Rep. J. YOUNG moved immediate cloture on the entire matter.

The yeas and nays were taken resulting as follows:

Yeas 70; Nays 34

Those who voted in the affirmative are:

Allison              Askins               Bailey
Beck                 Cain                 Carnell
Cato                 Chamblee             Cooper
Cromer               Dantzler             Delleney
Easterday            Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harris, P.           Haskins
Herdklotz            Hutson               Keegan
Kelley               Kinon                Kirsh
Knotts               Koon                 Lanford
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McCraw               McKay

Printed Page 4889 . . . . . Wednesday, June 12, 1996

Meacham              Neilson              Phillips
Quinn                Rhoad                Rice
Richardson           Riser                Sandifer
Seithel              Simrill              Smith, D.
Smith, R.            Spearman             Stoddard
Stuart               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Wilkins              Witherspoon
Wofford              Wright               Young
Young-Brickell

Total--70

Those who voted in the negative are:

Anderson             Baxley               Boan
Breeland             Brown, G.            Brown, J.
Byrd                 Canty                Cave
Clyburn              Cobb-Hunter          Cotty
Govan                Hines, J.            Hines, M.
Howard               Inabinett            Jaskwhich
Keyserling           Lee                  Martin
McAbee               McElveen             McTeer
Moody-Lawrence       Neal                 Scott
Sheheen              Shissias             Whipper, L.
Whipper, S.          White                Wilder
Wilkes               

Total--34

So, having received the necessary vote immediate cloture was ordered.

Rep. SCOTT moved that the House recede until 2:20 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Conference Report, immediate cloture having been ordered, Rep. HOWARD having the floor.


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