Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 2940, Mar. 2 | Printed Page 2960, Mar. 3 |

Printed Page 2950 . . . . . Wednesday, March 2, 1994

Those who voted in the negative are:

Allison          Anderson         Baker
Beatty           Breeland         Brown, H.
Canty            Cato             Chamblee
Clyborne         Cooper           Corning
Davenport        Fair             Fulmer
Gamble           Gonzales         Govan
Graham           Hallman          Harrell
Harwell          Hines            Hutson
Inabinett        Jaskwhich        Kelley
Kennedy          Keyserling       Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       Meacham
Moody-Lawrence   Phillips         Quinn
Richardson       Riser            Robinson
Rudnick          Sharpe           Shissias
Simrill          Smith, D.        Smith, R.
Snow             Stille           Stuart
Sturkie          Thomas           Townsend
Trotter          Walker           Wells
Whipper          Wilder, D.       Wilkins
Witherspoon      Wofford          Wright
Young, A.

Total--64

So, the House refused to table the amendment.

Rep. BOAN spoke against the amendment.

The question then recurred to the adoption of the amendment.


Printed Page 2951 . . . . . Wednesday, March 2, 1994

Rep. WALKER demanded the yeas and nays, which were taken resulting as follows:
Yeas 19; Nays 90

Those who voted in the affirmative are:

Allison          Beatty           Canty
Cooper           Davenport        Gonzales
Hallman          Harrelson        Kelley
Keyserling       Littlejohn       Richardson
Stille           Thomas           Townsend
Walker           Wells            White
Wilder, D.

Total--19

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, G.       Bailey, J.
Baker            Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Byrd             Carnell
Cato             Chamblee         Cobb-Hunter
Corning          Cromer           Delleney
Fair             Felder           Gamble
Govan            Graham           Harris, J.
Harris, P.       Harwell          Haskins
Hines            Hodges           Holt
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kennedy          Kinon            Kirsh
Klauber          Koon             Lanford
Law              Marchbanks       Martin
Mattos           McAbee           McCraw
McElveen         McKay            McLeod
McMahand         McTeer           Meacham
Neal             Neilson          Phillips
Quinn            Riser            Robinson
Rogers           Rudnick          Scott
Sheheen          Shissias         Simrill
Smith, R.        Snow             Spearman
Stoddard         Stone            Stuart

Printed Page 2952 . . . . . Wednesday, March 2, 1994

Sturkie          Trotter          Tucker
Vaughn           Waldrop          Whipper
Wilder, J.       Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.

Total--90

So, the amendment was rejected.

Rep. WALKER proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\CYY\15748HC.94), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in SECTION 12-37-257(C)(1), as contained in SECTION 1, page 4633-2, line 10, by striking /Act/ and inserting /act, a state appropriation for one hundred percent of the costs of employer contributions for personnel required by the Defined Minimum Program,/.

Amend title to conform.

Rep. WALKER explained the amendment.

LEAVES OF ABSENCE

The SPEAKER granted Reps. ANDERSON and McMAHAND a leave of absence for the remainder of the day.

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

Rep. WALKER proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\N05\7627TC.94), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. For purposes of calculating full funding of the Education Finance Act as required pursuant to Section 12-37-257(C) of the 1976 Code as added by this act, the state share of EFA funding must be as follows:

Fiscal Year 1994-95 - 72.5 percent

Fiscal Year 1995-96 - 75 percent

Fiscal Year 1996-97 - 77.5 percent

Fiscal Year 1997-98 - 80 percent./

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 2953 . . . . . Wednesday, March 2, 1994

Rep. WALKER explained the amendment.

Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. GONZALES proposed the following Amendment No. 20, which was adopted.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 5, page 4633-5, line 14, by inserting after the sentence ending with the words 'school year.' /For purposes of this section, the term 'ad valorem tax revenues' includes reimbursement of lost ad valorem tax revenues by the state pursuant to the provisions of Section 12-37-257(c)./.

Amend title to conform.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

Rep. GONZALES proposed the following Amendment No. 23, which was adopted.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, line 15, by inserting after the words 'a fiscal year' /, other than for special tax districts,/.

Amend further, SECTION 4, page 4633-4, by striking each occurrence of /special purpose or public service district/ and inserting /county special tax district, special purpose district, or public service district/.

Amend further, SECTION 4, page 4633-5, line 2, by striking /county/ and inserting /district/.

Amend further, SECTION 4, page 4633-5, line 6, by striking /governing body of the district/ and inserting /governing body authorized by law to levy district tax millage in the district./.

Amend title to conform.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence for the remainder of the day.


Printed Page 2954 . . . . . Wednesday, March 2, 1994

Rep. GONZALES proposed the following Amendment No. 24.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, line 35, by striking /(5) spending for debt service and lease-purchase payments/ and inserting:

/(5) spending for debt service and lease-purchase payments

(a) for debt issued or lease-purchase agreements entered into prior to July 1, 1994, or

(b) for debt issued or lease-purchase agreements entered into on or after July 1, 1994, and approved by a two-thirds vote of the governing body of the county or approved by referendum/.

Amend further, SECTION 3, page 4633-4, line 20, by striking /(5) spending for debt service and lease-purchase payments/ and inserting:

/(5) spending for debt service and lease-purchase payments

(a) for debt issued or lease-purchase agreements entered into prior to July 1, 1994, or

(b) for debt issued or lease-purchase agreements entered into on or after July 1, 1994, and approved by a two-thirds vote of the governing body of the municipality or approved by referendum/.

Amend further, SECTION 4, page 4633-5, line 3, by striking /(5) spending for debt service and lease-purchase payments/ and inserting:

/(5) spending for debt service and lease-purchase payments

(a) for debt issued or lease-purchase agreements entered into prior to July 1, 1994, or

(b) for debt issued or lease-purchase agreements entered into on or after July 1, 1994, and approved by a two-thirds vote of the governing body authorized by law to levy district tax millage in the district or approved by referendum/.

Amend further, SECTION 5, page 4633-5, beginning on line 20, by striking /(2) ad valorem tax revenues for debt service and lease-purchase payments/ and inserting:

/(2) ad valorem tax revenues for debt service and lease-purchase payments

(a) for debt issued or lease-purchase agreements entered into prior to July 1, 1994, or

(b) for debt issued or lease-purchase agreements entered into on or after July 1, 1994, and approved by a two-thirds vote of the governing body authorized by law to levy school tax millage in the school district or approved by referendum/.

Amend title to conform.

Rep. GONZALES explained the amendment.


Printed Page 2955 . . . . . Wednesday, March 2, 1994

POINT OF ORDER

Rep. HODGES raised the Point of Order that Amendment No. 24 was out of order as it was not germane as the original Bill dealt with taxation and the amendment deals with debt services.

The SPEAKER stated that he had amended Subsection 5 of each section for schools, counties, municipalities and special purpose districts which say that the spending limit does not apply. He further stated that he just increased the classifications under the exemptions and he overruled the Point of Order.

Rep. GONZALES continued speaking.

Rep. J. BROWN moved that the House do now adjourn, which was adopted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 24, Rep. GONZALES having the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4828 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE VARSITY CHEERLEADERS OF FORT MILL HIGH SCHOOL IN YORK COUNTY ON WINNING THE STATE CHEERLEADING CHAMPIONSHIP AFTER PARTICIPATING IN THE SOUTH CAROLINA STATE CHEERLEADING ASSOCIATION'S STATE COMPETITION.

H. 4845 -- Rep. Meacham: A CONCURRENT RESOLUTION CONGRATULATING THE YELLOW JACKETS FOOTBALL TEAM OF FORT MILL HIGH SCHOOL IN YORK COUNTY ON WINNING THE 1993 REGION 4, CLASS AAA FOOTBALL CHAMPIONSHIP.

H. 4848 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING AMERICAN FEDERAL BANK OF GREENVILLE FOR ITS OUTSTANDING RECORD OF CIVIC INVOLVEMENT AND COMMUNITY IMPROVEMENT.

H. 4849 -- Rep. Harvin: A CONCURRENT RESOLUTION CONGRATULATING MARY COOPER OF MANNING ON BEING


Printed Page 2956 . . . . . Wednesday, March 2, 1994

NAMED THE 1993 REGIONAL HEAD START TEACHER OF THE YEAR.

H. 4852 -- Reps. Rogers, Waites, Byrd, Neal, Scott, J. Brown, Harrison and Corning: A CONCURRENT RESOLUTION TO CONGRATULATE AND COMMEND MISS ELIZABETH SINCLAIR OF RICHLAND COUNTY ON THE RECENT CELEBRATION OF HER ONE HUNDRED AND THIRD BIRTHDAY AND TO RECOGNIZE HER MANY ACHIEVEMENTS.

H. 4863 -- Reps. Breeland, Whipper, Inabinett, Hallman, Harrell, Holt, Fulmer, Hutson, Barber, J. Bailey, Gonzales and R. Young: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. ZOLA DAVIS OF CHARLESTON IN CHARLESTON COUNTY UPON HIS EXTRAORDINARY RECORD AS A MEMBER OF THE BURKE HIGH SCHOOL FOOTBALL TEAM.

ADJOURNMENT
At 4:45 P.M. the House in accordance with the motion of Rep. FARR adjourned in memory of Colonel William Farr, former House member from Union County, to meet at 10:00 A.M. tomorrow.

* * *

Printed Page 2957 . . . . . Thursday, March 3, 1994

Thursday, March 3, 1994
(Statewide Session)

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:

O Lord God, as we come into Your presence we are haunted by duties unfinished, promptings disobeyed, beckoning ignored. We cry out for Your help for the problems that beset us: the problem of selfishness which we call self-interest; the problem of greed often called profit; the problem of license disguising itself as liberty; the problem of materialism the hook baited with security. Help us to see our problems in the right perspective, and by Your help to conquer them.

Lord, in Your mercy, hear our prayer. 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.

MOTION ADOPTED

Rep. HINES moved that when the House adjourns, it adjourn in memory of Reverend Julius Albert Lighty of Darlington, which was agreed to.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., March 2, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1208: S. 1208 -- Senators Holland, Courtney and Jackson: A CONCURRENT RESOLUTION TO FIX TUESDAY, MARCH 15, 1994, AT 12:30 P.M., AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND,


Printed Page 2958 . . . . . Thursday, March 3, 1994

THIRD, FOURTH, FIFTH, SIXTH, AND AT-LARGE DISTRICTS, SO AS TO FILL TERMS WHICH WILL EXPIRE JUNE 30, 1994. Very respectfully, President

Received as information.

MESSAGE FROM THE SENATE

The following was received. Columbia, S.C., March 3, 1994 Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Matthews, Holland and Thomas of the Committee of Conference on the part of the Senate on S. 520: S. 520 -- Senators Thomas and Wilson: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT, QUALIFICATIONS, IDENTIFICATION, AND CONDUCT OF POLL WATCHERS, SO AS TO SPECIFY THE MAXIMUM SIZE AND SIZE OF LETTERING ON IDENTIFICATION BADGES AND TO PROHIBIT BADGES IN FLUORESCENT COLORS. Very respectfully, President

No. 457

Received as information.

REPORT OF STANDING COMMITTEE

Rep. SPEARMAN, from the Saluda Delegation, submitted a favorable report, with amendments, on:

H. 4866 -- Rep. Spearman: A BILL TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SALUDA COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, AND PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-81-94, AND MUST BE ESTABLISHED BY THE SALUDA COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SALUDA COUNTY LEGISLATIVE DELEGATION.


Printed Page 2959 . . . . . Thursday, March 3, 1994

H. 4866--ORDERED TO THIRD READING

On motion of Rep. SPEARMAN, with unanimous consent, the following Bill was taken up for immediate consideration.

H. 4866 -- Rep. Spearman: A BILL TO AMEND SECTION 7-7-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SALUDA COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, AND PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE BUDGET AND CONTROL BOARD DESIGNATED AS DOCUMENT P-81-94, AND MUST BE ESTABLISHED BY THE SALUDA COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SALUDA COUNTY LEGISLATIVE DELEGATION.

The Bill was read the second time and ordered to third reading.

H. 4866--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SPEARMAN, with unanimous consent, it was ordered that H. 4866 be read the third time tomorrow.

REPORTS OF STANDING COMMITTEES

Rep. HARRELSON, from the Colleton Delegation, submitted a favorable report, with amendments, on:

S. 1188 -- Senators Washington and Mescher: A BILL TO CREATE THE COLLETON COUNTY BOARD OF ELECTIONS AND REGISTRATION, PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, AND RELATED MATTERS, AND TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND COLLETON COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 4843 -- Reps. Tucker, P. Harris, McCraw, D. Smith, Phillips, Wilkins and Haskins: A JOINT RESOLUTION TO DIRECT THE


Printed Page 2960 . . . . . Thursday, March 3, 1994

DEPARTMENT OF TRANSPORTATION TO CONDUCT A STUDY OF THE U. S. INTERSTATE I-85 CORRIDOR IN GREENVILLE, SPARTANBURG, ANDERSON, AND CHEROKEE COUNTIES FOR THE PURPOSE OF DEVELOPING A TWENTY-YEAR PLAN FOR BETTER TRAFFIC MANAGEMENT AND TO REPORT THE FINDINGS TO THE GENERAL ASSEMBLY.

Ordered for consideration tomorrow.


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