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 4820, June 13 | Printed Page 4850, June 13 |

Printed Page 4842 . . . . . Tuesday, June 13, 1995

(R212) H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.

(R213) H. 3839 -- Labor, Commerce and Industry Committee: AN ACT TO AMEND SECTION 34-3-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE RECORDS MAY BE COPIED AND REPRODUCED, TO REVISE THE ENTITIES TO WHICH THIS SECTION APPLIES, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH COPIES AND REPRODUCTIONS OF THESE RECORDS MAY BE ADMITTED INTO EVIDENCE.


Printed Page 4843 . . . . . Tuesday, June 13, 1995

(R214) H. 4243 -- Rep. Wofford: AN ACT TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE SANGAREE AND STRATFORD PRECINCTS.

THE HOUSE RESUMES

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

HOUSE STANDS AT EASE

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

THE HOUSE RESUMES

At 3:55 P.M. the House resumed, the SPEAKER in the Chair.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3647:
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.


Printed Page 4844 . . . . . Tuesday, June 13, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 15, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.
Very respectfully,
President

Received as information.

H. 3023, R. 131--RECONSIDERED AND SUSTAINED

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

June 12, 1995
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 3023, R. 131, an Act:
TO ENACT THE GIFT OF LIFE ORGAN AND TISSUE PROCUREMENT ACT OF 1995 BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-2414 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE GIFT OF LIFE TRUST FUND; BY ADDING ARTICLE 13 TO TITLE 44, CHAPTER 43, SO AS TO ESTABLISH THE GIFT OF LIFE TRUST FUND, TO PROVIDE FOR ITS BOARD OF DIRECTORS, DUTIES, AND FOR EXPENDITURE OF FUNDS;


Printed Page 4845 . . . . . Tuesday, June 13, 1995

AND TO ADD SECTION 56-1-143 SO AS TO PROVIDE THAT THE DEPARTMENT OF REVENUE AND TAXATION SHALL OFFER PERSONS OBTAINING OR RENEWING A DRIVER'S LICENSE THE OPPORTUNITY TO CONTRIBUTE ONE DOLLAR TO THE GIFT OF LIFE TRUST FUND AND THESE FUNDS MUST BE CREDITED TO AN ACCOUNT IN THE STATE TREASURER'S OFFICE FOR USE BY THE TRUST FUND.

The need for organ and tissue donors is great, and organ and tissue donors truly give "the gift of life." However, this is not an issue that should be addressed by creating another government program. Private entities such as the Living Bank already provide public education programs and maintain donor data. In addition, I am concerned about the administrative costs of maintaining a state-run program.

For the above reasons, I am returning H. 3023, R. 131, without my signature.

Sincerely,
David M. Beasley

Rep. NEILSON moved to reconsider the vote whereby the veto was sustained.

Rep. WELLS moved to table the motion.

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

Yeas 33; Nays 69

Those who voted in the affirmative are:

Brown, H.        Cain             Cato
Cooper           Cotty            Dantzler
Davenport        Easterday        Fair
Fleming          Fulmer           Haskins
Herdklotz        Kirsh            Knotts
Law              Limbaugh         Marchbanks
Rice             Robinson         Seithel
Simrill          Smith, D.        Smith, R.
Tripp            Vaughn           Waldrop
Wells            Wilkins          Wofford
Wright           Young, A.        Young, J.

Total--33


Printed Page 4846 . . . . . Tuesday, June 13, 1995

Those who voted in the negative are:
Askins           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Canty            Carnell          Cave
Chamblee         Clyburn          Cobb-Hunter
Cromer           Delleney         Felder
Gamble           Govan            Harris, J.
Hines            Howard           Huff
Inabinett        Jennings         Keegan
Kelley           Kennedy          Keyserling
Klauber          Koon             Lanford
Limehouse        Littlejohn       Lloyd
Martin           Mason            McAbee
McCraw           McElveen         McMahand
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Richardson       Riser
Rogers           Sandifer         Scott
Sharpe           Sheheen          Shissias
Spearman         Stille           Stoddard
Stuart           Townsend         Trotter
Tucker           Walker           Wilder
Wilkes           Witherspoon      Worley

Total--69

So, the House refused to table the motion.

The question then recurred to the motion to reconsider, which was agreed to.

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 70; Nays 38

Those who voted in the affirmative are:

Askins           Bailey           Baxley
Beatty           Boan             Breeland
Brown, G.        Brown, J.        Brown, T.


Printed Page 4847 . . . . . Tuesday, June 13, 1995

Byrd             Canty            Carnell
Cave             Chamblee         Clyburn
Cobb-Hunter      Cromer           Dantzler
Davenport        Delleney         Felder
Gamble           Govan            Harris, J.
Hines            Hodges           Howard
Inabinett        Jennings         Keegan
Kelley           Kennedy          Keyserling
Knotts           Koon             Littlejohn
Lloyd            Martin           Mason
McAbee           McCraw           McElveen
McMahand         Moody-Lawrence   Neal
Neilson          Phillips         Quinn
Rhoad            Richardson       Riser
Rogers           Scott            Sharpe
Sheheen          Shissias         Spearman
Stille           Stoddard         Stuart
Thomas           Townsend         Trotter
Tucker           Walker           Wilder
Wilkes           Worley           Wright
Young, J.

Total--70

Those who voted in the negative are:

Brown, H.        Cain             Cato
Cooper           Cotty            Easterday
Fair             Fleming          Fulmer
Harrell          Harrison         Haskins
Herdklotz        Hutson           Kirsh
Klauber          Lanford          Law
Limbaugh         Limehouse        Marchbanks
Meacham          Rice             Robinson
Sandifer         Seithel          Simrill
Smith, D.        Smith, R.        Tripp
Vaughn           Waldrop          Wells
Whatley          Wilkins          Witherspoon
Wofford          Young, A.

Total--38



Printed Page 4848 . . . . . Tuesday, June 13, 1995

So, having failed to receive the necessary vote, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.

S. 219--FREE CONFERENCE POWERS REJECTED

Rep. HODGES 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. 219 -- Senators Greg Smith, Leventis, Cork, Rankin, Thomas and Hayes: A BILL TO AMEND SECTION 16-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ARRESTS IN DOMESTIC VIOLENCE CASES, SO AS TO REQUIRE THAT A PERSON WHO COMMITS OR THREATENS TO COMMIT AN ACT OF DOMESTIC VIOLENCE UPON A FAMILY OR HOUSEHOLD MEMBER MUST BE ARRESTED.

The yeas and nays were taken resulting as follows:

Yeas 80; Nays 12

Those who voted in the affirmative are:

Allison          Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Byrd             Cain
Carnell          Cato             Chamblee
Clyburn          Cobb-Hunter      Cooper
Easterday        Fair             Fleming
Fulmer           Gamble           Harrell
Harris, J.       Harrison         Haskins
Herdklotz        Hines            Hodges
Howard           Hutson           Inabinett
Jennings         Keegan           Kelley
Keyserling       Kinon            Klauber
Knotts           Koon             Law
Limbaugh         Limehouse        Littlejohn
Lloyd            Marchbanks       Mason
McCraw           Meacham          Neal
Neilson          Phillips         Quinn
Rice             Riser            Robinson
Rogers           Sandifer         Scott
Seithel          Sharpe           Shissias


Printed Page 4849 . . . . . Tuesday, June 13, 1995

Simrill          Smith, D.        Smith, R.
Stuart           Townsend         Tripp
Trotter          Vaughn           Waldrop
Walker           Whatley          Wilder
Wilkes           Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Total--80

Those who voted in the negative are:

Bailey           Canty            Cotty
Dantzler         Davenport        Delleney
Kirsh            McElveen         Rhoad
Sheheen          Spearman         Stille

Total--12

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was rejected.

S. 911--RULED OUT OF ORDER

The following was introduced:

S. 911 -- Senators Holland, McConnell and Moore: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON OR BEFORE 5:00 P.M. ON JUNE 15, 1995, THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 16, 19, 20, 21, 22, AND 23, 1995, FOR CONSIDERATION OF LOCAL UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF THE AFFECTED DELEGATION AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS, AND TO PROVIDE FOR THE RATIFICATION OF ACTS ON JUNE 16, 19, 20, 21, 22, OR 23 UPON CALL OF THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES AND TO PROVIDE THAT WHEN THE GENERAL ASSEMBLY ADJOURNS NO LATER THAN 5:00 P.M. ON FRIDAY, JUNE 23, 1995, IT SHALL STAND ADJOURNED SINE DIE.


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