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 5020, June 13 | Printed Page 5040, June 13 |
Printed Page 5030 . . . . . Thursday, June 13, 1996
Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2 3 4 5 6 7

axles axles axles axles axles axles
8 and
less 35,200 35,000

35,200
more
than 8 38,000 42,000
8 35,200 35,200
9 39,000 43,000

42,500
10 40,000 43,500
1144,500

44,000
1245,000 50,000
1346,000 50,500

45,500
1446,500 51,500
1547,500 52,000
1648,000 52,500 58,000
1749,000 53,500 58,500

48,500
1849,500 54,000 59,500

59,000
1950,500 54,500 60,000
2051,000 55,500 60,500 66,000
2152,000 56,000 61,000 66,500

51,500
2252,500 56,500 62,000 67,000

61,500
2353,500 57,500 62,500 68,000

53,000
2454,000 58,000 63,000 68,500 74,000
2555,000 58,500 63,500 69,000 74,500

54,500
2655,500 59,500 64,500 69,500 75,000

64,000

Printed Page 5031 . . . . . Thursday, June 13, 1996
Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2 3 4 5 6 7

axles axles axles axles axles axles
2756,500 60,000 65,000 70,000 75,500

56,000
2857,000 60,500 65,500 71,000 76,500
2958,000 61,500 66,000 71,500 77,000

57,500
3058,500 62,000 67,000 72,000 77,500

66,500
3159,500 62,500 67,500 72,500 78,000

59,000
3260,000 63,500 68,000 73,000 78,500
3364,000 68,500 74,000 79,000

64,000 68,500 74,000 79,000
3464,500 69,500 74,500 80,000

64,500 69,000 74,500 80,000
3565,500 70,000 75,000

65,500 70,000 75,000
3668,000 70,500 75,500

68,000 70,500 75,500
3768,000 71,000 76,000

68,000 71,000 76,000
3868,000 72,000 77,000

68,000 71,500 77,000
3968,000 72,500 77,500

68,000 72,500 77,500
4068,500 73,000 78,000

68,500 73,000 78,000
4169,500 73,500 78,500

69,500 73,500 78,500
4270,000 74,500 79,000

70,000 74,000 79,000
4370,500 75,000 80,000

70,500 75,000 80,000
4471,500 75,500

71,500 75,500

Printed Page 5032 . . . . . Thursday, June 13, 1996
Distance in feet

between the extremes Maximum load in pounds

of any group of 2 or carried on any group of 2

more consecutive axles or more consecutive axles

2 3 4 5 6 7

axles axles axles axles axles axles
4572,000 76,000

72,000 76,000
4672,500 77,000

72,500 76,500
4773,500 77,500

73,500 77,500
4874,000 78,000

74,000 78,000
4974,500 78,500

74,500 78,500
5075,500 79,500

75,500 79,000
5176,000 80,000

76,000 80,000
5276,500 76,500
5377,500 77,500
5478,000 78,000
5578,500 78,500
5679,500 79,500
5780,000 80,000

(2) Except on the interstate highway system:

(a) Dump trucks, dump trailers, trucks carrying agricultural products, concrete mixing trucks, fuel oil trucks, line trucks, and trucks designated and constructed for special type work or use are not required to conform to the axle spacing requirements of this section. However, the vehicle is limited to a weight of twenty thousand pounds for each axle plus scale tolerances and the maximum gross weight of these vehicles may not exceed the maximum weight allowed by this section for the appropriate number of axles, irrespective of the distance between axles, plus allowable scale tolerances.

(b) Concrete mixing trucks which operate within a fifteen-mile radius of their home base are not required to conform to the requirements of this section. However, these vehicles are limited to a maximum load of the rated capacity of the concrete mixer, the true gross load not to

Printed Page 5033 . . . . . Thursday, June 13, 1996
exceed sixty-six thousand pounds. All of these vehicles shall have at least three axles each with brake-equipped wheels.

(c) Well-drilling, boring rigs, and tender trucks are not required to conform to the axle spacing requirements of this section. However, the vehicle is limited to seventy thousand pounds gross vehicle weight and twenty-five thousand pounds for each axle plus scale tolerances."

SECTION 6. Section 57-11-20(A) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

"(A) All state revenues and state monies dedicated by statute to the operation of the department must be deposited into one fund to be known as the `state highway fund' and all federal revenues and federal monies must be deposited into the `federal aid highway fund'. These funds must be held and managed by the State Treasurer separate and distinct from the general fund, except as to monies utilized by the State Treasurer for the payment of principal or interest on state highway bonds as provided by law. Interest income from the state highway fund must be deposited to the credit of the state highway fund. The commission may commit up to the maximum annual debt service provided in Article X, Section 13 of the South Carolina Constitution into a special fund to be used for the sole purpose of paying the principal and interest, as it comes due, on bonds issued for the construction and/or maintenance of state highways. This special account will be designated as the State Highway Construction Debt Service Fund."

SECTION 7. Sections 1, 2, and 3 of this act are effective for calendar years beginning after December 31, 1997. Section 4 of this act is effective May 1, 1996. Sections 5 and 6 of this act take effect upon approval by the Governor./

Amend title to conform.

/s/Thomas L. Moore .......... C. Alexander Harvin III
/s/Luke A. Rankin .......... /s/Ronald C. Fulmer
/s/Thomas C. Alexander .......... /s/Larry L. Koon

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

The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.

S. 1216--MOTION TO RECONSIDER TABLED

The motion of Rep. FELDER to reconsider the vote whereby the Senate amendments were concurred in to the following Bill was taken up.

Printed Page 5034 . . . . . Thursday, June 13, 1996
S. 1216 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 5, TITLE 7, SO AS TO ENACT PROVISIONS FOR MULTIPLE SITE VOTER REGISTRATION AND RESPONSIBILITIES OF THE SOUTH CAROLINA STATE ELECTION COMMISSION IN IMPLEMENTING THE NATIONAL VOTER REGISTRATION ACT OF 1993; TO AMEND SECTION 7-3-20, RELATING TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION, SO AS TO, AMONG OTHER THINGS, REQUIRE THE EXECUTIVE DIRECTOR TO MAINTAIN A COMPLETE MASTER FILE, RATHER THAN A ROSTER, OF ALL QUALIFIED ELECTORS, REQUIRE HIM TO DELETE THE NAME OF ANY ELECTOR WHO REQUESTS IN WRITING THAT HIS NAME BE REMOVED, AND DELETE CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 7-3-30, RELATING TO NOTICE OF DELETION OF ELECTOR'S NAME FROM ROSTER OF ELECTORS, APPEAL BY ELECTOR, AND RESTORATION OF NAME, SO AS TO, AMONG OTHER THINGS, PROVIDE FOR A MASTER FILE, RATHER THAN A ROSTER, DELETE CERTAIN PROVISIONS, AND PROVIDE THAT IF THE DELETION IS FOR CONVICTION, THE APPEAL MUST BE TO THE EXECUTIVE DIRECTOR OF THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-155, RELATING TO REGISTRATION OF ELECTORS BY MAIL, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN PROVISIONS, PROVIDE THAT IF THE POSTMARK DATE IS MISSING OR ILLEGIBLE, THE COUNTY BOARD OF VOTER REGISTRATION SHALL ACCEPT THE APPLICATION IF IT IS RECEIVED BY MAIL NO LATER THAN FIVE DAYS AFTER THE CLOSE OF THE REGISTRATION BOOKS BEFORE ANY ELECTION, AND REQUIRE COUNTY BOARDS OF VOTER REGISTRATION TO DISTRIBUTE APPLICATION FORMS TO CITY HALLS AND PUBLIC LIBRARIES; TO AMEND SECTION 7-5-440, RELATING TO THE REQUIREMENT THAT AN ELECTOR'S NAME MUST APPEAR ON THE LIST OF VOTERS IN ORDER TO BE ELIGIBLE TO VOTE, SO AS TO ESTABLISH A PROCEDURE BY WHICH A QUALIFIED ELECTOR WHO HAS MOVED FROM ONE ADDRESS TO ANOTHER AND HAS FAILED TO NOTIFY THE COUNTY BOARD OF REGISTRATION OF A CHANGE OF ADDRESS MAY VOTE; TO AMEND SECTION 7-7-720, RELATING TO CERTIFICATES WHICH MUST BE MAILED TO PERSONS WHOSE REGISTRATION IS TRANSFERRED, SO AS TO CHANGE THE PROCEDURE BY WHICH AN ELECTOR'S NAME MAY BE
Printed Page 5035 . . . . . Thursday, June 13, 1996
DELETED FROM THE MASTER FILE; TO AMEND SECTION 7-7-910, RELATING TO THE PLACE REGISTERED ELECTORS ARE REQUIRED TO VOTE, SO AS TO PROVIDE THAT THE SECTION IS ALSO SUBJECT TO THE PROVISIONS OF SECTION 7-5-440, AND DELETE THE PROVISIONS WHICH REQUIRE AN ELECTOR TO VOTE AT THE VOTING PLACE NEAREST TO HIS RESIDENCE WITHIN THE WARD OR OTHER SUBDIVISION OF HIS RESIDENCE, AND TO PROVIDE THAT HE MUST VOTE AT HIS DESIGNATED POLLING PLACE; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF THE MANAGERS OF ELECTIONS, SO AS TO ADD A PROVISION WHICH WOULD AUTHORIZE ANY CANDIDATE TO PROTEST AN ELECTION IN WHICH HE IS A CANDIDATE PURSUANT TO THE PROVISIONS OF SECTION 7-17-30, WHEN THE PROTEST IS BASED IN WHOLE OR IN PART ON EVIDENCE DISCOVERED AFTER THE ELECTION, AND PROVIDE WHAT THIS EVIDENCE MAY INCLUDE; AND TO AMEND SECTION 7-25-180, RELATING TO THE DISTRIBUTION OF CAMPAIGN LITERATURE ON ELECTION DAY WITHIN TWO HUNDRED FEET OF A BUILDING WHERE A POLLING PLACE IS LOCATED, SO AS TO PROVIDE THAT THE CANDIDATE MAY WEAR A LABEL IDENTIFYING HIMSELF AS A CANDIDATE AND THE OFFICE HE IS SEEKING AND PROVIDE CONDITIONS ON THE WEARING OF THE LABEL.

Rep. FELDER moved to table the motion to reconsider, which was agreed to.

STATEMENT BY REP. TOWNSEND

Rep. TOWNSEND and the Anderson Delegation made a statement relative to Rep. JOHN W. TUCKER, JR.'s service in the House.

STATEMENT BY REP. TUCKER

Rep. JOHN TUCKER made a statement relative to his service in the House of Representatives.

HOUSE STANDS AT EASE

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

THE HOUSE RESUMES

At 3:30 P.M. the House resumed, the SPEAKER in the Chair.

Printed Page 5036 . . . . . Thursday, June 13, 1996
H. 4434--FREE CONFERENCE POWERS REJECTED

Rep. MARTIN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 4434 -- Rep. Harrison: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUSPENSION OF A PERSON'S DRIVER'S LICENSE FOR DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE REINSTATEMENT OF THE DRIVER'S LICENSE OF A PERSON WHOSE LICENSE HAS BEEN SUSPENDED FOR A FIFTH OFFENSE.

The yeas and nays were taken resulting as follows:

Yeas 71; Nays 30

Those who voted in the affirmative are:

Allison              Anderson             Askins
Bailey               Breeland             Brown, G.
Brown, H.            Brown, T.            Byrd
Cain                 Carnell              Cave
Clyburn              Cobb-Hunter          Cooper
Dantzler             Delleney             Fleming
Gamble               Harrell              Harris, J.
Harvin               Hines, J.            Howard
Inabinett            Jaskwhich            Jennings
Keegan               Kelley               Kennedy
Keyserling           Kinon                Knotts
Koon                 Lanford              Law
Lee                  Lloyd                Martin
McAbee               McKay                Moody-Lawrence
Neal                 Neilson              Rhoad
Richardson           Riser                Robinson
Rogers               Scott                Sheheen
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Townsend             Tripp                Tucker
Walker               Wells                Whipper, L.
Whipper, S.          White                Wilkins
Printed Page 5037 . . . . . Thursday, June 13, 1996
Witherspoon          Wofford              Wright
Young                Young-Brickell

Total--71

Those who voted in the negative are:

Beck                 Cato                 Cotty
Cromer               Davenport            Easterday
Fulmer               Hallman              Herdklotz
Hodges               Hutson               Kirsh
Limehouse            Littlejohn           Marchbanks
Mason                McCraw               McElveen
Meacham              Phillips             Quinn
Rice                 Sandifer             Seithel
Shissias             Simrill              Trotter
Waldrop              Wilder               Wilkes

Total--30

So, Free Conference Powers were rejected.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Moore, Rankin and Alexander of the Committee of Free Conference on the part of the Senate on H. 4796:

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO

Printed Page 5038 . . . . . Thursday, June 13, 1996
THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4796:

H. 4796 -- Reps. Fulmer, Koon, Harvin, Carnell, Robinson, Stuart, Seithel, Shissias, Limehouse, Hallman, Harrell and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-2810, 12-37-2820, 12-37-2830, 12-37-2840, 12-37-2850, 12-37-2860, 12-37-2870, AND 12-37-2880 SO AS TO PROVIDE CERTAIN DEFINITIONS, THAT THE DEPARTMENT OF PUBLIC SAFETY ANNUALLY SHALL ASSESS, EQUALIZE, AND APPORTION THE VALUATION OF ALL MOTOR CARRIER VEHICLES, THAT THE VALUE OF MOTOR CARRIER VEHICLES SUBJECT TO PROPERTY TAX MUST BE DETERMINED BY THE DEPARTMENT OF PUBLIC SAFETY AND THAT THIS PROPERTY TAX MUST BE PAID TO THE DEPARTMENT ANNUALLY, THE METHOD THAT THE TAXES MUST BE DISBURSED, THAT IN LIEU OF THE PROPERTY TAX AND REGISTRATION REQUIREMENTS, A ONE-TIME FEE MAY BE PAID UNDER CERTAIN CIRCUMSTANCES AND THE DISTRIBUTION OF THIS FEE, AND TO PROVIDE AN EXEMPTION FROM PROPERTY TAXES FOR CERTAIN MOTOR VEHICLES.
Very respectfully,
President

Received as information.

Printed Page 5039 . . . . . Thursday, June 13, 1996
S. 659--FREE CONFERENCE POWERS REJECTED

Rep. KELLEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

S. 659 -- Senators Cork, Greg Smith, Elliott, McConnell and Rankin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.

The yeas and nays were taken resulting as follows:

Yeas 65; Nays 27

Those who voted in the affirmative are:

Allison              Askins               Bailey
Beck                 Boan                 Brown, G.
Brown, H.            Brown, J.            Brown, T.
Byrd                 Carnell              Cato
Clyburn              Cooper               Dantzler
Easterday            Felder               Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harvin               Hines, J.
Hutson               Keegan               Kelley
Keyserling           Kinon                Knotts
Koon                 Lanford              Lee
Limbaugh             Limehouse            Mason
McAbee               McKay                Neilson
Phillips             Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Seithel              Sharpe
Shissias             Smith, D.            Smith, R.
Stille               Stuart               Townsend
Tripp                Trotter              Vaughn
Wells                Whatley              Wilkins
Witherspoon          Wofford              Wright
Young                Young-Brickell

Total--65

Printed Page 5040 . . . . . Thursday, June 13, 1996
Those who voted in the negative are:
Cain                 Cotty                Davenport
Delleney             Hodges               Howard
Inabinett            Jaskwhich            Kennedy
Kirsh                Littlejohn           Lloyd
Loftis               Marchbanks           McCraw
McElveen             Moody-Lawrence       Neal
Sandifer             Scott                Sheheen
Simrill              Stoddard             Waldrop
Walker               Wilder               Wilkes

Total--27

So, Free Conference Powers were rejected.

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