Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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| Printed Page 4090, May 25 | Printed Page 4110, May 25 |

Printed Page 4100 . . . . . Thursday, May 25, 1995

(a) one-third must be distributed annually immediately following the end of the state's fiscal year to the school districts of the State on a per pupil basis and these funds must be used only for school construction and renovation projects;

(b) one-third must be distributed on a per capita basis for the use of county transportation committees and used for the same purposes that "C" funds are used; and

(c) one-third must be used to provide scholarships for residents of this State attending public and private institutions of higher education, including technical colleges, located in this State with the eligibility for these scholarships to be provided by the General Assembly by law.

The game of bingo, when conducted by charitable, religious, or fraternal organizations exempt from federal income taxation or when conducted at recognized annual state and county fairs, shall is not be deemed considered a lottery prohibited by this section./

Amend further, Section 2, page 2, by striking the question and inserting:

/Must Section 7, Article XVII of the Constitution of this State be amended so as to authorize lotteries to be conducted only by the State as provided for by the General Assembly with the revenues each year used one-third for public school construction and renovation, one-third for road construction and maintenance as determined by county transportation committees, and one-third to provide scholarships for qualifying South Carolina residents attending South Carolina public and private institutions of higher education, including technical colleges, with the General Assembly to establish eligibility requirements by law?/

Amend title to conform.

Rep. COTTY explained the amendment.

Rep. CROMER moved to table the amendment, which was agreed to by a division vote of 58 to 20.

Rep. SCOTT proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\6034HTC.95), which was tabled.

Amend the joint resolution, as and if amended, page 1, by striking lines 32 through 36 and inserting:

/remaining revenues each year must be used to provide scholarship grants to South Carolina residents attending public and independent


Printed Page 4101 . . . . . Thursday, May 25, 1995

institutions of higher learning and technical colleges in this State who meet eligibility requirements that the General Assembly shall provide by law./

Amend further, Section 2, page 2, by striking lines 9 through 13 and inserting:

/used to provide scholarship grants to South Carolina residents attending public and independent institutions of higher learning and technical colleges in this State who meet eligibility requirements that the General Assembly shall provide by law?/

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. LITTLEJOHN moved to table the amendment.

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

Yeas 77; Nays 17

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey           Baxley           Cain
Cato             Chamblee         Cooper
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Fair             Fleming          Fulmer
Gamble           Hallman          Harrell
Harris, J.       Harvin           Howard
Huff             Hutson           Jennings
Keegan           Kelley           Keyserling
Kirsh            Klauber          Knotts
Koon             Lanford          Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            McCraw           McKay
McMahand         Meacham          Phillips
Rice             Richardson       Riser
Robinson         Rogers           Sandifer
Seithel          Sharpe           Sheheen
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stuart           Thomas
Townsend         Trotter          Vaughn
Waldrop          Walker           Wells


Printed Page 4102 . . . . . Thursday, May 25, 1995

Whatley          Wilder           Wilkins
Witherspoon      Wofford          Worley
Wright           Young, J.

Total--77

Those who voted in the negative are:

Brown, G.        Byrd             Cave
Clyburn          Herdklotz        Inabinett
Jaskwhich        Kennedy          Lloyd
McTeer           Moody-Lawrence   Neilson
Scott            Whipper, S.      White
Wilkes           Williams

Total--17

So, the amendment was tabled.

Rep. KLAUBER proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\22017SD.95), which was tabled.

Amend the resolution, as and if amended, by striking the last sentence of the first paragraph of Section 7 of Article XVII of the Constitution as contained in SECTION 1 and inserting:

/The remaining revenues each year must be used for higher education in the manner the General Assembly shall provide by law, and lottery tickets must be available for sale on the campus of each educational institution which receives lottery revenues in any year./
Amend the resolution further, as and if amended, by striking SECTION 2 and inserting:

/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:

"Must Section 7, Article XVII of the Constitution of this State be amended so as to allow lotteries to be conducted only by the State as provided for by the General Assembly with the revenues each year used for higher education in the manner the General Assembly shall provide by law with the requirement that lottery tickets must be available for sale on the campus of each educational institution which receives lottery revenues in any year?


Printed Page 4103 . . . . . Thursday, May 25, 1995

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'."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KLAUBER explained the amendment.

Rep. KNOTTS moved to table the amendment, which was agreed to.

STATEMENT FOR JOURNAL

I introduced this amendment solely for the purpose of demonstrating the fact that if this Joint Resolution were enacted we would be subsidizing education through a gambling operation that I cannot support.

Rep. JAMES S. KLAUBER

AMENDMENT NO. 1--TABLED

Debate was resumed on Amendment No. 1, by Rep. SCOTT.

Rep. SCOTT moved to table the amendment, which was agreed to.

Rep. McMAHAND spoke against the Joint Resolution and moved to table the Joint Resolution.

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

Yeas 53; Nays 64

Those who voted in the affirmative are:

Allison          Boan             Brown, H.
Cain             Canty            Cato
Cooper           Davenport        Delleney
Easterday        Fair             Harris, J.
Harvin           Haskins          Herdklotz
Hodges           Huff             Hutson
Jaskwhich        Kirsh            Klauber
Koon             Limbaugh         Littlejohn
Marchbanks       McCraw           McElveen
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal


Printed Page 4104 . . . . . Thursday, May 25, 1995

Neilson          Phillips         Quinn
Rice             Robinson         Sandifer
Simrill          Smith, D.        Smith, R.
Stille           Tripp            Trotter
Vaughn           Walker           Wells
Whipper, L.      Whipper, S.      Wilkins
Witherspoon      Young, J.

Total--53

Those who voted in the negative are:

Anderson         Askins           Bailey
Baxley           Breeland         Brown, G.
Brown, J.        Byrd             Cave
Chamblee         Clyburn          Cobb-Hunter
Cotty            Cromer           Dantzler
Elliott          Fleming          Fulmer
Gamble           Govan            Hallman
Harrell          Harris, P.       Harrison
Howard           Inabinett        Jennings
Keegan           Kelley           Kennedy
Keyserling       Kinon            Knotts
Lanford          Law              Limehouse
Lloyd            Martin           Mason
McAbee           Rhoad            Richardson
Riser            Rogers           Scott
Seithel          Sheheen          Shissias
Spearman         Stoddard         Stuart
Thomas           Townsend         Tucker
Waldrop          Whatley          White
Wilder           Wilkes           Williams
Wofford          Worley           Wright
Young, A.

Total--64

So, the House refused to table the Joint Resolution.

Rep. QUINN moved to continue the Joint Resolution.

Rep. SCOTT moved to table the motion.


Printed Page 4105 . . . . . Thursday, May 25, 1995

Rep. ROBINSON demanded the yeas and nays, which were taken resulting as follows:
Yeas 61; Nays 49

Those who voted in the affirmative are:

Askins           Bailey           Baxley
Breeland         Brown, G.        Byrd
Cave             Chamblee         Cobb-Hunter
Cotty            Cromer           Dantzler
Elliott          Fleming          Fulmer
Gamble           Govan            Hallman
Harrell          Harris, P.       Harrison
Howard           Hutson           Inabinett
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Knotts           Lanford          Law
Limehouse        Lloyd            Martin
McAbee           McTeer           Neal
Rhoad            Richardson       Riser
Rogers           Scott            Seithel
Sheheen          Shissias         Spearman
Stoddard         Stuart           Townsend
Tucker           Whatley          White
Wilder           Wilkes           Williams
Wofford          Worley           Wright
Young, A.

Total--61

Those who voted in the negative are:

Allison          Anderson         Boan
Brown, H.        Cain             Canty
Cato             Clyburn          Cooper
Davenport        Delleney         Easterday
Fair             Harris, J.       Harvin
Herdklotz        Jaskwhich        Kirsh
Klauber          Koon             Limbaugh
Littlejohn       Marchbanks       Mason
McCraw           McElveen         McKay
McMahand         Meacham          Phillips
Quinn            Rice             Robinson


Printed Page 4106 . . . . . Thursday, May 25, 1995

Sandifer         Sharpe           Simrill
Smith, D.        Smith, R.        Stille
Thomas           Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whipper, S.      Witherspoon
Young, J.

Total--49

So, the motion to continue was tabled.

Rep. ROBINSON moved that the House recede until 12:00 Noon.

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

Yeas 47; Nays 63

Those who voted in the affirmative are:

Allison          Boan             Cain
Canty            Cato             Cooper
Davenport        Delleney         Easterday
Harris, J.       Harvin           Haskins
Herdklotz        Hodges           Jaskwhich
Kinon            Kirsh            Klauber
Koon             Limbaugh         Littlejohn
Marchbanks       Mason            McCraw
McElveen         McKay            Meacham
Moody-Lawrence   Neal             Neilson
Quinn            Rhoad            Rice
Robinson         Sandifer         Sharpe
Simrill          Smith, D.        Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Wilkins
Witherspoon      Young, J.

Total--47

Those who voted in the negative are:

Anderson         Askins           Bailey
Baxley           Breeland         Brown, J.
Brown, T.        Byrd             Carnell


Printed Page 4107 . . . . . Thursday, May 25, 1995

Cave             Chamblee         Clyburn
Cobb-Hunter      Cotty            Cromer
Dantzler         Fair             Fleming
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, P.
Harrison         Howard           Hutson
Inabinett        Jennings         Keegan
Kelley           Kennedy          Keyserling
Knotts           Lanford          Law
Limehouse        Lloyd            McAbee
Phillips         Richardson       Riser
Rogers           Scott            Seithel
Sheheen          Shissias         Spearman
Stille           Stoddard         Stuart
Thomas           Townsend         Tucker
Whatley          Whipper, S.      White
Wilkes           Williams         Wofford
Worley           Wright           Young, A.

Total--63

So, the House refused to recede until 12:00 Noon.

RECORD FOR JOURNAL

During the votes on the Lottery I was speaking to a High School group from my district. Had I been present during those votes I would have voted against the Lottery.

Rep. RICHARD M. QUINN, JR.

Rep. SIMRILL moved to recommit the Joint Resolution to the Committee on Judiciary.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that 12:00 Noon having arrived, the House should proceed to the Joint Assembly in accordance with the resolutions adopted.

The SPEAKER sustained the Point of Order.

Further proceedings were interrupted for the Joint Assembly, the pending question being the motion to recommit the Joint Resolution to the Judiciary Committee.


Printed Page 4108 . . . . . Thursday, May 25, 1995

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ELECTION OF A CIRCUIT COURT JUDGE AND

FAMILY COURT JUDGES

The Reading Clerk of the House read the following Concurrent Resolution:

H. 4160 -- Reps. Wilkins, Harrison, Delleney, Huff, Thomas and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON THURSDAY, MAY 25, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH


Printed Page 4109 . . . . . Thursday, May 25, 1995

JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL
Printed Page 4110 . . . . . Thursday, May 25, 1995

CIRCUIT, SEAT 1, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION.


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