Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God, to Whom we pray with humility and gratitude, give us a clearer understanding of Your wishes and a keener appreciation of Your mission for our lives. Inspire the members of this Legislative Body, and others related to its important work, with an ever increasing perspective as we take counsel with You and with each other concerning the needs of our beloved State and the welfare of its people. Bless us with right attitudes and strength of character. Show us how to extinguish the hot embers of ill-will, of jealousy and selfishness, which at times burn so fiercely. Make us vehicles of Your gracious and Fatherly will. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Bo Mathis of Rock Hill, which was agreed to.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Independent Banks of South Carolina wish to extend to the members of the South Carolina House of Representatives, their spouses, staff and attaches, an invitation to a reception on Tuesday, April 4, 1995, from 6:00 P.M. until 8:00 P.M. The reception will be held at the Summit Club located in the NationsBank Tower.
Sincerely,
William G. Stevens
IBSC President
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina Arts Alliance, I would like to request that our annual "Legislative Appreciation Brunch" be placed on the House Calendar for Thursday, April 6, 1995, from 9:30 A.M. until 11:00 A.M. Besides the "pick-up" brunch foods, coffee and orange juice, we will enjoy the performing arts and a visual arts exhibit. The event will take place in the State House Rotunda. The full General Assembly will be invited to attend along with members of the arts and arts education community. I hope you will be able to spend a few moments with us and meet constituents from your district, perhaps for a photo opportunity.
Please send me the appropriate paper work to complete for this event.
Sincerely,
Betty J. Plumb
Executive Director
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, S.C. 29201
Dear Rep. Quinn:
The Clemson University Division of Agriculture and Natural Resources cordially invites you to attend the annual "catfish and grits" dinner for members of the S.C. General Assembly. This event will be held on the evening of Tuesday, April 11, 1995, at the Woman's Club of Columbia located at 1703 Blossom Street. The social will begin at 6:00 P.M. with dinner following at 7:00 P.M.
Dress for the occasion is casual. Please join us for some good food and fellowship. We look forward to seeing you on the 11th.
Sincerely,
G. Jay Gogue
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, S.C. 29201
Dear Rep. Quinn:
The Transportation Association of South Carolina (TASC) cordially invites members of the South Carolina State Legislature to a "Get Acquainted Breakfast" on April 12, 1995. The breakfast will be a buffet from 8:00 A.M. - 9:00 A.M. and will be at the Ramada Town House, 1615 Gervais Street, Columbia.
Our contact person in Columbia for this event is Curtis L. Hamilton, SCE&G, phone 733-2449.
Sincerely,
Lynnda Bassham
President
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, S.C. 29201
Dear Rep. Quinn:
On behalf of the Home Builders Association of South Carolina, I am pleased to invite the members of the House to be our guests at our annual Bird Supper. This will be our twenty-fourth quail dinner for the legislature and other public officials.
The Bird Supper will be held on Tuesday, April 18, 1995, at the Moore Building, State Fairgrounds, Columbia, South Carolina. Cocktails will be served at 6:30 P.M. and dinner at 7:15 P.M.
We appreciate this opportunity to meet with our elected officials and express our concerns.
Sincerely,
Ed Burgess
President
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
You are holding several tentative dates for us for our "Co-op Day." "Co-op Day" will be held on Wednesday, April 19, 1995, at the Carolina Coliseum. We have completed the Information Report for this function and enclosed it with this packet.
Please cancel Wednesday, April 5, 1995, and Wednesday, May 10, 1995.
Thanks for all your help. If you have any questions or need additional information, please give me a call.
Sincerely,
Janet E. Gerhart
Government Relations Secretary/
Legislative Assistant
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Thank you for your letter of February 17, 1995, acknowledging receipt of and approving our invitation for a luncheon to be held on Wednesday, March 29, 1995. However, we would like to change the date of the luncheon to Wednesday, April 26, 1995, and respectfully request your approval of this change.
The location and time frame will remain the same (Room 221 Blatt Building, upon adjournment until 2:00 P.M. with guests dropping by at their convenience during this time).
Thank you for your consideration of this request.
Sincerely yours,
Joseph P. Finnegan, Jr.
President
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
April 23-29, 1995, will be S.C. Golf Week for our great golfing state. S.C. Golf Week is sponsored by the South Carolina Golf Association, the South Carolina Junior Golf Association and the South Carolina Parks, Recreation and Tourism Department. It will be a week to showcase golf with the emphasis on the economic impact that the game has on our State. S.C. is the #2 golf destination in the U.S.A. which helps golf operations in S.C. generate more than 5 million dollars in admissions taxes. Additionally, the golf industry in S.C. has an overall economic impact approaching the $1.5 billion range. You can see how important this industry is to our State.
Rick, the SCJGA would like to extend an invitation to the House of Representatives and staff to join us in a "Celebration of Golf" reception. The reception will be held at the Fairgrounds in Seawell's Moore building April 26 from 6:00 - 9:00 P.M. We hope the evening will give folks involved with the golf industry in any manner the opportunity to mingle with members of the Legislature on an informal basis.
Additionally, we would like to extend an invitation to the members of the House to participate in the 1st Annual Legislative Classic Golf Tournament. The golf event will be played at Wildewood CC on April 27 with a shotgun start at 1:30 P.M. This will be another opportunity for the Legislators to interact with the movers and shakers of the golf industry and the Columbia area business community.
We certainly look forward to S.C. Golf Week and the chance to increase awareness of the importance of the golf industry to the Legislature and general public.
If any additional information is needed, please call my office at 803-732-9311.
Sincerely,
Happ Lathrop
Executive Director SCGA and SCJGA
The following was received and referred to the appropriate committee for consideration.
Document No. 1830
Promulgated By Department of Health and Environmental Control
State Primary Drinking Water Regulations
Received By Speaker March 15, 1995
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date February 19, 1996
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 329 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose and Russell: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY WHETHER THERE IS A NEED FOR SPECIAL LICENSING CRITERIA FOR HEALTH CARE FACILITIES WHICH PROVIDE SPECIAL CARE UNITS AND OTHER PROGRAMS FOR ALZHEIMER'S DISEASE AND RELATED DISORDERS PATIENTS AND TO REPORT ITS FINDINGS TO THE JOINT LEGISLATIVE COMMITTEE ON AGING.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3743 -- Reps. Klauber, Carnell, McAbee and Stille: A HOUSE RESOLUTION TO INVITE JOHN MARK MCQUOWN TO SING FOR THE HOUSE IN THE HALL OF THE HOUSE ON WEDNESDAY, MARCH 15, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER IN CONJUNCTION WITH MENTAL HEALTH AWARENESS WEEK, AND TO EXTEND TO HIM THE PRIVILEGE OF THE FLOOR PURSUANT TO RULE 10.1 FOR THIS PURPOSE.
On motion of Rep. QUINN, with unanimous consent, the following House Resolution was taken up for immediate consideration.
H. 3743 -- Reps. Klauber, Carnell, McAbee and Stille: A HOUSE RESOLUTION TO INVITE JOHN MARK MCQUOWN TO SING FOR THE HOUSE IN THE HALL OF THE HOUSE ON WEDNESDAY, MARCH 15, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER IN CONJUNCTION WITH MENTAL HEALTH AWARENESS WEEK, AND TO EXTEND TO HIM THE PRIVILEGE OF THE FLOOR PURSUANT TO RULE 10.1 FOR THIS PURPOSE.
Be it resolved by the House of Representatives:
That John Mark McQuown is invited to sing for the House in the Hall of the House on Wednesday, March 15, 1995, at a time to be determined by the Speaker in conjunction with Mental Health Awareness Week, and the privilege of the floor pursuant to Rule 10.1 of the Rules of the House of Representatives, is extended to him for this purpose.
Be it further resolved that a copy of this resolution be forwarded to John Mark McQuown.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Breeland Brown, H. Brown, J. Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Fleming Fulmer Gamble Harrell Harris, J. Harris, P. Haskins Herdklotz Hines Hodges Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McMahand McTeer Meacham Neal Neilson Phillips Rhoad Rice Richardson Riser Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stille Stoddard Thomas Trotter Tucker Vaughn Walker Whatley Whipper, S. White Wilder Wilkins Williams Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, March 15.
Dan L. Tripp Richard M. Quinn, Jr. Ronald P. Townsend Alfred B. Robinson, Jr. E. DeWitt McCraw Leon Howard John G. Felder William D. Boan William D. Witherspoon Bradley D. Cain Lucille S. Whipper Dave C. Waldrop, Jr. Grady A. Brown Harry M. Hallman, Jr. Elsie Rast Stuart Timothy C. Wilkes Carole C. Wells Donald W. Beatty Douglas Jennings, Jr. B. Hicks Harwell James L.M. Cromer, Jr. Larry L. Elliott Theodore A. Brown Michael L. Fair Jerry N. Govan, Jr. Daniel T. Cooper Alma W. Byrd Bessie Moody-Lawrence Timothy F. Rogers James H. Harrison Woodrow M. McKay Joseph T. McElveen, Jr. Molly M. Spearman C. Alex Harvin, III
LEAVES OF ABSENCE
The SPEAKER granted Rep. McKAY a temporary leave of absence.
The SPEAKER granted Rep. HUFF a leave of absence.
Announcement was made that Dr. Woodrow W. Long, Jr. of Greenville is the Doctor of the Day for the General Assembly.
Reps. CARNELL, KLAUBER, McABEE and STILLE presented John Mark McQuown, who entertained the House with a song, in conjunction with Mental Health Awareness Week.
The following was received.
March 7, 1995
The Honorable Robert L. Peeler
President of the Senate
State House, 1st Foor, East Wing
Columbia, S.C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 474, R. 11, an Act:
(R11) S. 474 -- Senator Holland: AN ACT TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF SECONDARY ROAD S28-539 IN KERSHAW COUNTY.
This veto is based upon my concern that the process by which the General Assembly has closed this road may be potentially unfair. While perhaps not in the specific legislation involved herein, road closings accomplished by such means have the potential to be unfair to interested citizens, particularly in cases where the road closing is not supported by all abutting property owners.
My concern is that S. 474, R. 11 vitiates the protection afforded the public pursuant to Title 57, Chapter 9, of the Code of Laws of South Carolina, 1976. Specifically, the provisions of Chapter 9 require adequate public notice and an opportunity for public hearing before a road can be closed. Because this Act circumvents the statutory process, the safeguards which serve to protect the public would no longer be effective.
For these reasons, I veto S. 474, R. 11.
Yours sincerely,
David M. Beasley
Governor
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:
Those who voted in the affirmative are:
Baxley Boan Fleming Sheheen
Those who voted in the negative are:
Witherspoon
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following was received.
March 7, 1995
The Honorable Robert L. Peeler
President of the Senate
State House, 1st Foor, East Wing
Columbia, S.C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my approval S. 334, R. 3, an Act:
(R3) S. 334 -- Senators McGill, Glover and Leatherman: AN ACT TO AMEND ARTICLE 1, CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE REMAINING ASSETS ESCHEAT TO THE STATE.
This veto is based upon an informal opinion of the Attorney General's Office dated March 6, 1995. The opinion states:
"The act bearing ratification number 3 of 1995 would amend Article 1, Chapter 31, Title 3, S.C. Code Ann., relating to nonprofit corporations, so as to authorize the former board of directors of a dissolved nonprofit corporation or eleemosynary organization located in Florence County to distribute the remaining assets of the organization and to set an effective date by which the action is to be taken lest the property escheat to the State. No reason appears within the act (i.e., by legislative findings or otherwise) as to the need for such a law applicable only to Florence County. Article III, Sections 34 (IX) and (X) of the State Constitution prohibit local or special laws and particularly provide that where a general law can be made applicable, no special law shall be enacted and further direct the General Assembly to adopt general laws uniform in their operation. (Citation omitted.) The South Carolina Nonprofit Corporation Act, Act. No. 384 of 1994, contains general laws concerning dissolution of nonprofit corporations and distribution of assets."
For the above reasons, I am returning S. 334, R. 3 without my signature.
Yours sincerely,
David M. Beasley
Governor
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:
Those who voted in the affirmative are:
Askins Limbaugh
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.
H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3788 -- Reps. Limehouse, Hallman, Fulmer, Whatley, L. Whipper, Seithel and S. Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO DELETE THE PROVISION FOR THE MAINTENANCE OF GOLF COURSES.
H. 3796 -- Reps. Walker, Davenport, Phillips and Cato: A JOINT RESOLUTION TO PROVIDE THAT, FOR THE 1994-95 SCHOOL YEAR, SCHOOL DISTRICTS ONE AND TWO IN SPARTANBURG COUNTY ARE EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM A SEVERE WINTER STORM.
The following Joint Resolution was taken up.
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Rep. H. BROWN proposed the following Amendment No. 20 (Doc Name L:\h-wm\legis\amend\FF.550), which was adopted.
Amend amendment No. 18, Document No. L:\h-wm\legis\amend\ff.500, Section 5, Line 8, after the words /general fund/ by striking /during FY95-96/
Renumber sections & amend totals/title to conform.
Rep. H. BROWN explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the third time and ordered sent to the Senate.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Rep. ROGERS moved to adjourn debate upon the following Joint Resolution until Thursday, March 16, which was adopted.
H. 3512 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO THE REPEAL OF PARENT-ORIENTED EDUCATION PROGRAMS AND THE PROMULGATION OF PARENT/FAMILY LITERACY PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1713, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3042 -- Reps. Kirsh, Meacham and Richardson: A BILL TO AMEND SECTION 40-11-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FINANCIAL STATEMENT REQUIRED TO LICENSE A CONTRACTOR, SO AS TO REQUIRE AN AFFIDAVIT OF FINANCIAL CONDITION INSTEAD OF A FINANCIAL STATEMENT.
Reps. RICE, BAILEY and DAVENPORT proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9949JM.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-11-160 of the 1976 Code is amended to read:
"Section 40-11-160. The board shall may not issue a license to any a contractor above at the Group 1 2 or 3 level as this is defined by regulation of the board until such the contractor furnished furnishes the board with a financial statement certified by a certified public accountant or a public accountant. The board may not issue a license to a contractor at the Group 1 Level or the Group 4 Level as defined by regulation of the board until the contractor furnishes the board with an affidavit by the contractor of his financial condition."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
Rep. WILKES spoke against the Bill.
Rep. KIRSH spoke in favor of the Bill.
Rep. WILKES spoke against the Bill.
Rep. WILKES moved to table the Bill.
Rep. CATO demanded the yeas and nays, which were not ordered.
The House refused to table the Bill by a division vote of 24 to 42.
Reps. WILKES and INABINETT objected to the Bill.
Rep. QUINN moved to recommit the Bill.
Rep. CATO moved to table the motion, which was agreed to.
Reps. QUINN, ROGERS, WRIGHT, LLOYD, HERDKLOTZ and KELLEY objected to the Bill.
The following Bill was taken up.
S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.
Rep. HARRELL moved to commit the Bill to the Ways and Means Committee.
Rep. SHEHEEN demanded the yeas and nays, which were not ordered.
The House refused to commit the Bill by a division vote of 39 to 41.
Rep. SHEHEEN moved to adjourn debate upon the Bill until Tuesday, March 21, which was adopted.
The following Bill was taken up.
H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.
Rep. H. BROWN explained the Bill.
Rep. ROGERS moved to adjourn debate upon the Bill until Thursday, March 16, which was adopted.
Rep. THOMAS moved to adjourn debate upon the following Bill until Thursday, March 16, which was adopted.
H. 3775 -- Reps. H. Brown, Wofford, Williams, Law and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1275 SO AS TO ALLOW CREDITS AGAINST THE CORPORATE INCOME TAX, CORPORATE LICENSE TAX, SALES AND USE TAX, LOCAL OPTION SALES AND USE TAX, AND SIMILAR TAXES FOR A TAXPAYER CONSTRUCTING OR OPERATING A QUALIFIED RECYCLING FACILITY AND TO DEFINE "QUALIFIED RECYCLING FACILITY" AND OTHER TERMS ASSOCIATED WITH THIS CREDIT; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF TAXES, SO AS TO PROVIDE SPECIAL PROVISIONS FOR A FEE IN LIEU AGREEMENT FOR A PROJECT THAT IS A QUALIFIED RECYCLING FACILITY; TO AMEND SECTION 12-7-1200, RELATING TO THE ACCOUNTING BASIS OF INCOME TAX RETURNS, SO AS TO AUTHORIZE SEPARATE ACCOUNTING FOR THE BUSINESS ACTIVITIES OF A TAXPAYER BUILDING OR OPERATING A QUALIFIED RECYCLING FACILITY WITH THE APPROVAL OF THE DEPARTMENT OF REVENUE AND TAXATION AFTER THE CERTIFICATION OF THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PROPERTY AND FUELS USED BY OR FOR A QUALIFIED RECYCLING FACILITY.
Reps. LIMBAUGH, FAIR, MARCHBANKS and FLEMING withdrew their objections to the following Bill.
H. 3185 -- Reps. P. Harris, Waldrop, Neilson, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-35-13 SO AS TO PROVIDE THAT NO VULNERABLE ADULT MAY BE CONSIDERED ABUSED OR NEGLECTED FOR THE SOLE REASON THAT THE VULNERABLE ADULT IS BEING FURNISHED NONMEDICAL REMEDIAL TREATMENT BY SPIRITUAL MEANS.
Reps. CARNELL, R. SMITH and FLEMING withdrew their objections to H. 3228 however, other objections remained upon the Bill.
The motion of Rep. COTTY to reconsider the vote whereby the following Bill was continued was taken up.
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.
Rep. SHEHEEN moved to table the motion to reconsider.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Kennedy Kinon Kirsh Lloyd Martin McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Spearman Stoddard Stuart Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harwell Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Keyserling Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Worley Wright Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harwell Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Boan Breeland Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Kennedy Keyserling Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Spearman Stille Stoddard Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the motion to reconsider was agreed to.
The SPEAKER granted Rep. BAILEY a temporary leave of absence.
Rep. WALKER asked unanimous consent to recall H. 3263 from the Committee on Ways and Means.
Rep. ROGERS objected.
On motion of Rep. STODDARD, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works.
S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM BELTON TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.
The veto on the following Act was taken up.
(R14) H. 3218 -- Rep. Askins: AN ACT TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.
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:
Those who voted in the affirmative are:
Askins Hines Limbaugh
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.
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.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.
Rep. SHEHEEN moved that the House do now adjourn.
Rep. A. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Boan Breeland Brown, G. Carnell Clyburn Cobb-Hunter Harris, P. Hodges Inabinett Lloyd McAbee McTeer Moody-Lawrence Phillips Rhoad Rogers Sheheen Stille Waldrop Whipper, L. Whipper, S. Wilkes Williams
Those who voted in the negative are:
Allison Baxley Brown, H. Brown, J. Byrd Cain Cato Chamblee Cotty Cromer Davenport Delleney Easterday Elliott Fair Felder Fleming Gamble Hallman Harrell Harris, J. Herdklotz Howard Hutson Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McMahand Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Spearman Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to adjourn.
The motion period was dispensed with on motion of Rep. FLEMING.
Rep. FLEMING moved to adjourn debate upon the following Bill until Thursday, March 16, which was adopted.
H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.
The following Bill was taken up.
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.
Rep. CARNELL moved to adjourn debate upon the Bill until Tuesday, March 21.
Rep. SIMRILL moved to table the motion, which was agreed to by a division vote of 44 to 29.
Reps. FELDER and H. BROWN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5634HTC.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 11-11-140 of the 1976 Code, as last amended by Section 7, Part II, Act 497 of 1994, is further amended by adding at the end:
"(F) Notwithstanding the provisions of subsection (D), appropriations from surplus may not be expended before the Comptroller General's closing of the books on the fiscal year in which the surplus occurred. The surplus in this subsection, that is the calculated set-aside as defined in this section, after reduction by way of transfer to the general fund of such amount as necessary to offset any recognized budget shortfall for the fiscal year in which the set-aside surplus occurred, is appropriated for deposit in the State Property Tax Relief Fund. After the first year that the State Property Tax Relief Fund is fully funded, the procedure in subsection (D) must be applied."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. FELDER explained the amendment.
Rep. CARNELL spoke against the amendment and moved to table the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Jaskwhich Kennedy Keyserling Kirsh Lanford Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stoddard Stuart Townsend Tucker Waldrop Whipper, L. Whipper, S. White Wilder Wilkes Worley
Those who voted in the negative are:
Allison Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Haskins Herdklotz Hutson Jennings Keegan Kelley Kinon Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Young, A. Young, J.
So, the House refused to table the amendment.
Rep. FELDER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Kennedy Keyserling Kinon Kirsh Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the amendment was adopted.
Reps. CARNELL and WILKES spoke against the Bill.
Rep. McTEER moved to continue the Bill.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Kennedy Keyserling Kirsh Lanford Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stoddard Stuart Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Kinon Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to continue the Bill.
Rep. CARNELL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\5636HTC.95), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 11-11-140(B) of the 1976 Code, as last amended by Section 7, part II, Act 497 of 1994, is further amended by adding at the end:
"(3) In lieu of the percentage provided in item (1)(b) of this subsection, the following percentages apply for appropriations for the following fiscal years:
Appropriations for
Fiscal Year Percentage
1996-97 sixty-five
1997-98 fifty-five
after 1997-98 fifty."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CARNELL explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, H. Cain Cato Chamblee Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilkins Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Kennedy Keyserling Kirsh Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Tucker Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Reps. CARNELL and McABEE proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PFM\7226AC.95), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 1, by deleting lines 32-40 and inserting:
/increase the income tax deduction for dependents under age eighteen from $2,460 to $3,460 with the balance in fiscal year 1995-96 to be used for nonrecurring expenditures in the 1995-96 annual appropriations act./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Tripp Trotter Vaughn Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Boan Breeland Brown, G. Brown, J. Canty Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Keyserling Kirsh Lloyd McAbee McCraw McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Scott Sheheen Shissias Spearman Stille Stuart Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
The SPEAKER granted Rep. SCOTT a leave of absence.
Reps. CARNELL, McABEE and P. HARRIS proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5510AC.95), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. The provisions of Section 11-11-140 of the 1976 Code limiting general fund appropriations in the annual general appropriations act for a fiscal year are suspended beginning with appropriations for fiscal year 1995-96. Additional revenues available for appropriation as a result of this suspension must be used to provide a four percent salary increase for all state employees to be added to each employee's salary base. When recurring sources of revenue are available for full funding of the four percent salary increase for all state employees, the provisions of Section 11-11-140 of the 1976 Code apply in the manner provided before the effective date of this act./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Delleney Easterday Fair Felder Fleming Fulmer Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Keyserling Klauber Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Quinn Rice Richardson Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Walker Wells Whatley Wilkins Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Beatty Boan Breeland Brown, J. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Davenport Govan Harris, P. Hines Hodges Howard Inabinett Kennedy Kirsh Knotts Lloyd McAbee McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Riser Spearman Stille Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes Witherspoon
So, the amendment was tabled.
As an employee of USC, I did not vote on Amendment 5 of H. 3647.
Rep. MARGARET J. GAMBLE
Rep. CARNELL proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\JIC\5509AC.95), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. The provisions of Section 11-11-140 of the 1976 Code limiting general fund appropriations in the annual general appropriations act for a fiscal year are suspended beginning with appropriations for fiscal year 1995-96. Of additional revenues available for appropriation as a result of this suspension, the first twenty-five million dollars must be used for State House Renovations, and the balance must be used for nonrecurring expenditures in the 1995-96 general appropriations act./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Neilson Quinn Rice Richardson Robinson Sandifer Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Govan Harris, J. Harris, P. Harwell Hines Hodges Howard Inabinett Kennedy Kirsh Lloyd McAbee McCraw McElveen McMahand Moody-Lawrence Neal Phillips Rhoad Sheheen Spearman Stille Townsend Tucker Whipper, L. Whipper, S. White Wilder Wilkes
So, the amendment was tabled.
Rep. CARNELL proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\JIC\5516HTC.95), which was tabled.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The provisions of Section 11-11-140 of the 1976 Code limiting general fund appropriations in the annual general appropriations act for a fiscal year are suspended beginning with appropriations for fiscal year 1995-96. Of the additional revenues available for appropriation as a result of this suspension the first twenty million dollars must be appropriated to the Health and Human Services Finance Commission for Medicaid matching and the remainder must be used to provide property tax relief for owner-occupied residential property until such time as the General Assembly has provided recurring revenue sources for the State Property Tax Relief Fund sufficient to replace property tax revenues on owner-occupied residential property, excluding debt service and millage levied to fund lease-purchase agreements for capital construction. When recurring sources of revenue are available for full funding of the State Property Tax Relief Fund, the provisions of Section 11-11-140 of the 1976 Code shall apply in the manner provided before the effective date of this act./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, G. Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hutson Jaskwhich Keegan Kelley Keyserling Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McKay Meacham Neilson Quinn Rhoad Rice Richardson Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Boan Breeland Brown, J. Byrd Carnell Cave Clyburn Cobb-Hunter Govan Harris, P. Hines Howard Inabinett Kinon Kirsh Lloyd McAbee Moody-Lawrence Neal Phillips Spearman Stille Townsend Tucker Whipper, L. Whipper, S. White Wilder
So, the amendment was tabled.
Rep. CARNELL proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\JIC\5518HTC.95), which was tabled.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The provisions of Section 11-11-140 of the 1976 Code limiting general fund appropriations in the annual general appropriations act for a fiscal year are suspended beginning with appropriations for fiscal year 1995-96. Fifty percent of the additional revenues available for appropriation as a result of this suspension must be used to provide construction of Medicaid nursing home beds and the remainder used to reduce the waiting list for community long term care clients. When recurring sources of revenue are available for full funding of these programs, the provisions of Section 11-11-140 of the 1976 Code shall apply in the manner provided before the effective date of this act./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, G. Brown, H. Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McElveen Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Breeland Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Govan Harris, P. Howard Inabinett Kennedy Kinon Lloyd McAbee Moody-Lawrence Neal Phillips Rhoad Spearman Stille Tucker Whipper, S. White
So, the amendment was tabled.
Rep. FLEMING moved to waive Rule 6.1, which was rejected by a division vote of 51 to 56.
Rep. HASKINS moved immediate cloture on the entire matter.
Rep. SHEHEEN moved that the House do now adjourn.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Beatty Boan Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Delleney Gamble Govan Harris, J. Harris, P. Hines Hodges Howard Inabinett Kennedy Keyserling Kinon Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Rhoad Rogers Sheheen Spearman Stille Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Felder Fleming Fulmer Hallman Harrell Harrison Haskins Herdklotz Hutson Jaskwhich Jennings Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to adjourn.
The question then recurred to the motion to invoke immediate cloture on the entire matter.
Rep. SHEHEEN raised the Point of Order that 1:00 having arrived the House shall recede until 2:15 in accordance with Rule 6.1.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by the House receding, the pending question being the motion to invoke immediate cloture.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
Rep. SHEHEEN moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Boan Breeland Carnell Clyburn Delleney Elliott Harris, J. Hines Hodges Howard Kennedy Lloyd Martin McAbee McElveen McMahand McTeer Neal Neilson Sheheen Spearman Stille Tucker Whipper, L. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Baxley Brown, H. Cato Cotty Dantzler Easterday Fair Gamble Hallman Harrison Harwell Haskins Herdklotz Jennings Keegan Kelley Keyserling Kinon Klauber Knotts Koon Lanford Limbaugh Littlejohn Marchbanks Mason Rice Riser Seithel Sharpe Shissias Simrill Smith, R. Stuart Tripp Vaughn Walker Wells Whatley Wilkins Witherspoon Wright Young, A. Young, J.
So, the House refused to adjourn.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of the motion to invoke immediate cloture.
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.
The question then recurred to the motion to invoke immediate cloture.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cato Chamblee Cooper Cotty Dantzler Easterday Fair Fleming Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Keegan Kelley Kinon Klauber Knotts Koon Lanford Limbaugh Littlejohn Marchbanks Mason Rice Riser Sandifer Seithel Sharpe Simrill Smith, R. Tripp Vaughn Walker Wells Whatley Wilkins Witherspoon Worley Wright Young, A.
Those who voted in the negative are:
Askins Baxley Boan Breeland Brown, T. Carnell Delleney Hines Hodges Howard Inabinett Kennedy Keyserling Kirsh Lloyd McAbee McCraw McElveen McMahand McTeer Neal Rogers Scott Sheheen Shissias Spearman Stille Stuart Thomas Tucker Whipper, L. White Wilder Wilkes Williams Young, J.
So, immediate cloture was ordered.
Reps. CARNELL and McABEE proposed the following Amendment No. 10 (Doc Name L:\council\legis\amend\JIC\5517HTC.95), which was tabled.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The provisions of Section 11-11-140 of the 1976 Code limiting general fund appropriations in the annual general appropriations act for a fiscal year are suspended beginning with appropriations for fiscal year 1995-96. Additional revenues available for appropriation as a result of this suspension must be used to replace revenues lost in the phase-in of the final step of the long term capital gains deduction. When recurring sources of revenue are available to replace these revenues, the provisions of Section 11-11-140 of the 1976 Code shall apply in the manner provided before the effective date of this act./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 51 to 14.
Rep. CARNELL proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\JIC\5506AC.95), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 1, by deleting lines 32-40 and inserting:
/provide funding for capital improvements as approved by the General Assembly./
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. MARCHBANKS moved to table the amendment, which was not agreed to.
Rep. CARNELL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 55 to 23.
Rep. CARNELL proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\JIC\5505AC.95), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 1, by deleting lines 32-40 and inserting:
/reduce the bonded indebtedness of the State./
Amend title to conform.
Rep. CARNELL moved to table the amendment, which was agreed to.
Reps. CARNELL and McABEE proposed the following Amendment No. 13 (Doc Name L:\council\legis\amend\JIC\5511AC.95), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 1, by deleting lines 32-40 and inserting:
/provide funds for the division of local government for infrastructure needs in counties./
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 61 to 18.
Reps. CARNELL and P. HARRIS proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\JIC\5507AC.95), which was tabled.
Amend the bill, as and if amended, SECTION 1, page 1, by deleting lines 31-40 and inserting:
/for appropriation for fiscal year 1995-96 as a result of this suspension must be used to provide a four percent one-time bonus to all State employees./
Amend title to conform.
Rep. CARNELL explained the amendment and moved to table the amendment, which was agreed to.
Reps. McABEE and CARNELL proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\JIC\5515HTC.95), which was tabled.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The provisions of Section 11-11-140 of the 1976 Code limiting general fund appropriations in the annual general appropriations act for a fiscal year are suspended beginning with appropriations for fiscal year 1995-96. Additional revenues available for appropriation as a result of this suspension must be used to provide funding for the higher education formula. When recurring sources of revenue are available for full funding of the higher education funding formula, the provisions of Section 11-11-140 of the 1976 Code shall apply in the manner provided before the effective date of this act./
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. HALLMAN spoke against the amendment.
Rep. McABEE spoke in favor of the amendment.
Rep. HARRELL moved to table amendment.
Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, H. Cato Chamblee Cooper Cotty Cromer Dantzler Delleney Easterday Fair Fleming Fulmer Hallman Harrell Harris, J. Harrison Haskins Herdklotz Hutson Jennings Keegan Kelley Keyserling Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McElveen Meacham Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stuart Thomas Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkes Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Boan Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Govan Harvin Harwell Hines Inabinett Kennedy Kinon Kirsh Lloyd McAbee McMahand McTeer Moody-Lawrence Rhoad Scott Stille Tucker Whipper, L. Whipper, S. White Wilder Williams
So, the amendment was tabled.
As an employee of USC, I did not vote on Amendment 15 of H. 3647.
Rep. MARGARET J. GAMBLE
Reps. McTEER and HODGES proposed the following Amendment No. 16, which was tabled.
Amend, as and if amended, by adding a new section after Section 1 to read:
Section ____:
This act shall be suspended in the event a credit rating agency advises the State Treasurer in writing that such a suspension would enhance the credit of the State or that a failure to suspend would result in a downgrade of the credit rating of the State.
Rep. McTEER explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Easterday Elliott Fair Fleming Fulmer Hallman Harrell Harrison Harwell Haskins Herdklotz Hutson Jennings Keegan Kelley Kinon Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Beatty Boan Breeland Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Gamble Govan Harris, J. Harvin Hines Hodges Inabinett Kennedy Keyserling Kirsh Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Richardson Rogers Scott Sheheen Shissias Spearman Stille Stuart Thomas Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the amendment was tabled.
Rep. BOAN proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\GJK\21557HTC.95), which was rejected.
Amend the amendment offered by Rep. Felder, dated March 15, 1995, Document No. 5634HTC.95, and designated as amendment number 1, as and if amended, page 2, by striking lines 2 through 4 and inserting:
/Relief Fund. For fiscal years after 1995-96, the provisions of subsection (D) of this section apply with respect to a percentage of the required set-aside as follows:
(1) fiscal year 1996-97 25 percent;
(2) fiscal year 1997-98 50 percent;
(3) fiscal year 1998-99 75 percent;
(4) fiscal years after 1998-99 100 percent./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Easterday Fair Fleming Fulmer Hallman Harrell Harrison Haskins Herdklotz Hutson Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason Quinn Rice Riser Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Askins Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Gamble Govan Harris, J. Harvin Harwell Hines Hodges Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lanford Lloyd McAbee McCraw McElveen McMahand McTeer Meacham Moody-Lawrence Neal Neilson Rhoad Richardson Rogers Scott Sheheen Shissias Simrill Spearman Stille Stuart Thomas Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
So, the House refused to table the amendment.
Reps. H. BROWN and HARRELL spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Delleney Elliott Gamble Govan Harris, J. Harvin Harwell Hines Hodges Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lanford Lloyd McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams
Those who voted in the negative are:
Allison Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Easterday Fair Fleming Fulmer Hallman Harrell Harrison Haskins Herdklotz Hutson Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
So, the amendment was rejected.
Rep. McELVEEN proposed the following Amendment No. 18, which was tabled.
Amend the section by repealing the existing law (Section 11-11-140).
Rep. McELVEEN moved to table the amendment, which was agreed to.
I proposed Amendment #18 to H. 3647 because I was frustrated that some who call themselves fiscal conservatives are backing off sound fiscal policies in order to fund property tax relief - with estimated funds; funds we have not realized on many occasions in the past. I moved to table my own amendment, as I only wished to make a point.
I would argue that those who are serious about property tax reform would not fund reform with money that the State may never collect.
In your home, would you budget a European vacation based on what you think you may earn this year? What if you vacation in April and don't have money for food in November? You either borrow or don't eat.
In your business, would you budget utilities and a convention trip to Hawaii based on maximum projected increases in income? You might have to work in the dark, but you'd have one great time in Hawaii, or borrow money to operate.
If property tax reform is a necessity, you will not fund it with projected revenues (like a vacation or entertainment), you will fund it like utilities and food.
In my opinion, we mislead our constituents by telling them we will not spend all projected revenues and then spending all projected revenues.
Rep. JOSEPH T. McELVEEN, JR.
The SPEAKER granted Rep. J. BROWN a temporary leave of absence.
Reps. WILKES, CARNELL, STILLE and SHEHEEN spoke against the Bill.
Rep. ROGERS moved to table the Bill.
Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Anderson Askins Beatty Boan Breeland Brown, G. Brown, T. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Elliott Govan Harris, J. Harvin Harwell Hines Hodges Howard Inabinett Kennedy Keyserling Kinon Kirsh Lloyd Martin McAbee McCraw McElveen McTeer Moody-Lawrence Neal Neilson Rhoad Rogers Scott Sheheen Shissias Spearman Stille Stuart Tucker Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
Those who voted in the negative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Hutson Jennings Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason Meacham Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Thomas Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
So, the House refused to table the Bill.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Brown, H. Cain Cato Chamblee Cooper Cotty Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Harvin Harwell Haskins Hutson Jennings Keegan Kelley Kennedy Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Mason McCraw Meacham Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Thomas Townsend Tripp Trotter Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A. Young, J.
Those who voted in the negative are:
Askins Boan Breeland Brown, G. Byrd Carnell Cave Clyburn Cobb-Hunter Cromer Govan Harris, J. Hines Hodges Howard Inabinett Keyserling Kirsh Lloyd McAbee McElveen McTeer Moody-Lawrence Neal Rhoad Rogers Scott Sheheen Shissias Stille Stuart Whipper, L. Whipper, S. White Wilder Wilkes Williams Worley
So, the Bill was read the second time and ordered to third reading.
I voted for this measure because we are not compromising our fiscal responsibility as the opponents claim. The surplus generated by Section 11-11-140, in my opinion, should be spent in a conservative manner, once it is certified after the close of the fiscal year. The conservative use of funds is to return these tax funds to taxpayers, not to spend them on more government. The use of these funds for property tax relief, after certified, is fiscally conservative. The opponents real disagreement with H. 3647 is over the use of these funds, not the timing of their appropriation, after its is certified.
Rep. ALFRED B. ROBINSON, JR.
Rep. HODGES moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 3804 -- Reps. Tucker and Tripp: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DONALD GUY LEE OF PIEDMONT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3805 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE WILLISTON-ELKO BLUE DEVILS BOYS BASKETBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 630 -- Senators Land, Elliott, Holland, Stilwell, Rankin, Matthews, Ford, Jackson, Reese, Lander, Moore, Mescher, Passailaigue, Glover, O'Dell, Bryan, J. Verne Smith, Courson, Setzler, Patterson, Saleeby, Washington, Russell and Hayes: A CONCURRENT RESOLUTION URGING CONGRESS NOT TO REDUCE FUNDING FOR AMTRAK AND TO TAKE OTHER STEPS TO PRESERVE THE AMTRAK SYSTEM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. HODGES, with unanimous consent, the following was taken up for immediate consideration:
S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995.
Amend Title To Conform
Be it resolved by the Senate, the House of Representatives concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Tuesday, March 21, 1995, at 12:30 p.m. to elect a successor to The Honorable Randall T. Bell of the Supreme Court whose unexpired term expires July 31, 2000; to elect a successor to The Honorable Randall T. Bell of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 1995; to elect a successor to The Honorable John H. Waller, Jr., of the Twelfth Judicial Circuit whose unexpired term expires June 30, 2000; to elect a successor to The Honorable Karen L. Kanes of the Administrative Law Judge Division, Seat 5, whose unexpired term expires June 30, 1998; to elect a successor to the holder of the unexpired term of The Honorable Randall T. Bell of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 1995; to elect a successor to The Honorable C. Tolbert Goolsby, Jr., of the Court of Appeals, Seat 4, whose term expires June 30, 1995; to elect a successor to The Honorable J. Ernest Kinard, Jr., of the Fifth Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable J. Derham Cole of the Seventh Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable Daniel E. Martin, Sr., of the Ninth Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable Tom J. Ervin of the Tenth Judicial Circuit whose term expires June 30, 1995; and to elect a successor to The Honorable Alison R. Lee of the Administrative Law Judge Division, Seat 3, whose term expires June 30, 1995.
Be it further resolved that immediately following the election of all judges, the General Assembly shall elect successors to members of the Legislative Audit Council.
Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10023DW.95), which was adopted.
Amend the concurrent resolution, as and if amended, by adding at the end:
/Be it further resolved that immediately following the election of all judges, the General Assembly shall elect successors to members of the Legislative Audit Council./
Amend title to conform.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3806 -- Reps. Hutson, Meacham, Seithel, Simrill, J. Harris, Knotts, Whatley, Martin, Littlejohn, Wofford, Stille, Limehouse, Stuart, Harrison, Allison, Harwell, Fulmer, Phillips, Davenport, Dantzler, Riser, Vaughn, Fleming, Quinn, Tripp and P. Harris: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2780 SO AS TO PROVIDE FOR AND INCREASE PENALTIES FOR FAILING TO STOP WHEN MEETING OR OVERTAKING A STOPPED SCHOOL BUS; AND TO AMEND SECTION 56-5-2775, AS AMENDED, RELATING TO MISDEMEANOR VIOLATIONS FOR FAILING TO STOP FOR A STOPPED SCHOOL BUS, FOR ILLEGALLY ENTERING INTERSECTIONS AND CROSSWALKS, AND FOR PASSING A VEHICLE AT A RAILROAD CROSSING, SO AS TO DELETE THE REFERENCE TO FAILING TO STOP FOR A STOPPED SCHOOL BUS.
Referred to Committee on Judiciary.
H. 3807 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-55 SO AS TO PERMIT THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT OF THIS STATE TO EMPLOY AS THE SUPERINTENDENT OF THE DISTRICT A PERSON WHO IN ITS OPINION IS A PERSON OF OUTSTANDING EXPERIENCE WITH A DISTINGUISHED WORK AND ACADEMIC RECORD, AND TO PROVIDE THAT THIS PERSON IS NOT REQUIRED TO BE CERTIFIED AS A SCHOOL SUPERINTENDENT OR HAVE THE REQUISITE QUALIFICATIONS REQUIRED BY LAW FOR SCHOOL SUPERINTENDENTS IN SOUTH CAROLINA.
Referred to Committee on Education and Public Works.
H. 3808 -- Reps. Law, Wofford, Kirsh, Dantzler and Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-735 SO AS TO PROVIDE FOR PAYMENT OF THE LICENSE TAX ON CIGARETTES AND TOBACCO PRODUCTS BY THE REPORTING METHOD RATHER THAN BY TAX STAMPS; AND TO REPEAL SECTIONS 12-21-720, 12-21-730, AND 12-21-820, RELATING TO CIGARETTE LICENSE TAX STAMPS.
Referred to Committee on Labor, Commerce and Industry.
H. 3809 -- Reps. Witherspoon, Keegan, Kelley and Koon: A BILL TO AMEND SECTION 50-11-1920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE THE SALE UNDER CERTAIN CONDITIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3810 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-100 SO AS TO PROHIBIT A GOVERNMENTAL ENTITY FROM SELLING AN AGRICULTURAL OR HORTICULTURAL PRODUCT, DEFINE TERMS, AND PROVIDE EXCEPTIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3811 -- Reps. Lloyd, Byrd, R. Smith, Sharpe, Cobb-Hunter, Simrill, Littlejohn, Felder, White, Inabinett, L. Whipper, Shissias, Moody-Lawrence, Breeland, Clyburn, Fleming, T. Brown, J. Harris, Keyserling, Robinson, Hutson, Seithel, Beatty, Anderson, Cave, Lanford, Canty and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-5-304 SO AS TO PROHIBIT THE NAME, ADDRESS, OR TELEPHONE NUMBER OF ANY STUDENT ENROLLED AT A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY OF THIS STATE TO BE DISCLOSED WITHOUT PERMISSION TO ANOTHER PERSON OR ENTITY IF THAT PERSON OR ENTITY WILL USE THIS INFORMATION TO OFFER THE STUDENT A CREDIT CARD, DEBIT CARD, OR OTHER TYPE OF CREDIT ARRANGEMENT.
Referred to Committee on Labor, Commerce and Industry.
H. 3812 -- Reps. Limbaugh, Tripp, Mason, McElveen, Herdklotz, Knotts, Cain, Dantzler, J. Young, R. Smith, Martin, Wilkins, Hallman, Whatley, Law, Felder, Rice, Sandifer, A. Young, Wofford, Simrill, Allison, Harrell, Keegan, Fair, Cotty, Cooper, Easterday, Quinn, Wells, Kelley, Shissias, Limehouse, Fulmer, Seithel, Huff, Fair, Cotty, Harrison, Walker, D. Smith, Robinson, Fleming, Hutson, Witherspoon, Riser, Davenport, Vaughn, Cato, Wright, Littlejohn, Klauber, Lanford, J. Harris, Sharpe and Haskins: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, BY ADDING SECTION 16 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Referred to Committee on Judiciary.
H. 3813 -- Rep. J. Harris: A BILL TO AMEND SECTION 12-33-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE FOR PRORATED LICENSES; TO AMEND SECTIONS 61-3-710, 61-5-70, AND 61-9-310, ALL AS AMENDED, RELATING TO PERMITTING AND LICENSING PERIODS FOR BEER, WINE, AND ALCOHOLIC BEVERAGES, SO AS TO PROVIDE FOR PRORATED FEES FOR BEER AND WINE PERMITS, AND TO DELETE OBSOLETE PROVISIONS; AND TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE PROVISION ALLOWING PRORATION OF LICENSES.
Referred to Committee on Labor, Commerce and Industry.
H. 3814 -- Reps. Scott, Inabinett, Neal, Harwell, Breeland, White, Moody-Lawrence, Govan, Williams, Clyburn, Lloyd, Byrd and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-10-108 SO AS TO PROVIDE THAT, WITH RESPECT TO MORTGAGE LOANS, A BORROWER MAY SELECT THE MORTGAGE COMPANY OF HIS CHOICE WITHOUT RESTRICTION, AND IMPOSE A CIVIL PENALTY ON A SELLER OF REAL PROPERTY WHO PRESSURES OR ATTEMPTS TO PRESSURE THE PURCHASER-BORROWER TO SEEK THE MORTGAGE LOAN FOR THE PROPERTY FROM THE MORTGAGE COMPANY PREFERRED BY THE SELLER.
Referred to Committee on Labor, Commerce and Industry.
S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 207 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC PRECINCTS IF ONE OF THE AFFECTED CANDIDATES FOR REASONABLE CAUSE SO REQUESTS.
Referred to Committee on Judiciary.
Rep. CHAMBLEE moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3783 -- Reps. Cotty, Sheheen, Boan and Baxley: A CONCURRENT RESOLUTION COMMENDING JOHN STRAIT, MANAGER OF THE E. I. DUPONT DE NEMOURS PLANT IN CAMDEN, DR. HERBERT C. ROBBINS, PRESIDENT OF CENTRAL CAROLINA TECHNICAL COLLEGE, THE CENTRAL CAROLINA TECHNICAL COLLEGE COMMISSION MEMBERS, AND CATHY HARVIN, CENTER DIRECTOR, FOR THEIR EFFORTS IN ESTABLISHING THE UNIQUE AND OUTSTANDING "COLLEGE AT WORK" PROGRAM AT THE DUPONT PLANT SITE IN CAMDEN.
H. 3797 -- Reps. T. Brown and Thomas: A CONCURRENT RESOLUTION CONGRATULATING THE ANDREWS YELLOW JACKETS BOYS BASKETBALL TEAM OF GEORGETOWN COUNTY ON WINNING THE 1995 STATE CLASS AA BASKETBALL CHAMPIONSHIP AND COMPLETING AN UNDEFEATED SEASON.
H. 3799 -- Reps. Gamble, Cobb-Hunter, Stuart, Govan, Felder and Sharpe: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. H. FILMORE MABRY OF ORANGEBURG, RETIRED CHIEF EXECUTIVE OFFICER OF THE REGIONAL MEDICAL CENTER OF ORANGEBURG AND CALHOUN COUNTIES, UPON HIS DEATH.
H. 3800 -- Reps. Harvin and Kennedy: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE ROGER FLOWERS OF SUMMERTON FOR HIS OUTSTANDING SERVICE ON THE AGRICULTURE COMMISSION OF SOUTH CAROLINA.
At 3:35 P.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Bo Mathis of Rock Hill, to meet at 10:00 A.M. tomorrow.
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