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 3390, Mar. 10 | Printed Page 3410, Mar. 10 |

Printed Page 3400 . . . . . Thursday, March 10, 1994

Section 68 as amended was adopted.

SECTION 69A--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 69A was adopted was taken up and agreed to.

Reps. G. BROWN and BAXLEY proposed the following Amendment No. 319 (Doc Name L:\h-wm\legis\amend\DC.060), which was adopted.

Amend the bill, as and if amended, Part IB, Section 69A, Aid to Sub-CG, Page 595, Line 19, by adding an appropriately numbered paragraph to read /There is hereby imposed a $1 fee in addition to the current contract price, on each ton of solid waste disposed at the Mid-American Waste System facility. Revenue from this fee shall be allocated to Lee County Memorial Hospital. The fee is eliminated in the event the hospital closes./

Renumber sections & amend totals/title to conform.

Section 69A as amended was adopted.

SECTION 70--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 70 was adopted was taken up and agreed to.

Rep. BOAN proposed the following Amendment No. 371 (Doc Name L:\h- wm\legis\amend\CJ.075), which was adopted.

Amend the bill, as and if amended, Part IB, Section 70, Dept. of Transportation, Page 596, Paragraph 4, Line 39, Left Column, by striking /9,805,066/ and inserting /8,835,066/

Amend further, Page 596, Line 1, right column, by striking /9,805,066/ and inserting /8,835,066/

Amend further, Page 596, Line 3, right column, by striking /14,684,289/ and inserting /13,714,289/

Renumber sections & amend totals/title to conform.

Section 70 as amended was adopted.


Printed Page 3401 . . . . . Thursday, March 10, 1994

SECTION 129--MOTION TO RECONSIDER REJECTED

The motion of Rep. BOAN to reconsider the vote whereby Section 129 was adopted was taken up and rejected.

PART II

SECTION 7--MOTION TO RECONSIDER REJECTED

The motion of Rep. BOAN to reconsider the vote whereby Section 7 was adopted was taken up and rejected.

Rep. GRAHAM proposed the following Amendment No. 382 (Doc Name L:\council\legis\amend\DKA\3333SD.94), which was tabled.

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

/SECTION __

TO SPECIFY THE NONRECURRING PURPOSES FOR WHICH THE APPROPRIATION TO THE CAPITAL RESERVE FUND AS CONTAINED IN PART I OF THIS ACT MAY BE EXPENDED FOR FISCAL YEAR 1994-95 ONLY, AND TO PROVIDE THAT THE TWO-THIRDS VOTE REQUIREMENT PERTAINING TO APPROPRIATIONS FROM THE CAPITAL RESERVE FUND ALSO APPLY TO APPROPRIATIONS OF NONRECURRING REVENUES FOR A RECURRING PURPOSE.

The appropriation for the Capital Reserve Fund as contained on line 6, page 116, Section 17T of Part I may be expended for a nonrecurring purpose in the manner provided in Article III, Section 36, of the Constitution. However, for fiscal year 1994-95, the only permitted nonrecurring purpose for which capital reserve funds may be expended in addition to those specifically specified in Article III, Section 36 is for the settlement of the federal retiree litigation. The two-thirds vote requirement in Article III, Section 36(B)(2) also applies to the appropriation of nonrecurring revenues for a recurring purpose. If such a nonrecurring appropriation receives a two-thirds vote as required by this section, it also must include a statement identifying the source of the nonrecurring revenue./

Renumber sections & amend totals/title to conform.

Rep. McTEER moved to table the amendment.


Printed Page 3402 . . . . . Thursday, March 10, 1994

Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as follows:
Yeas 38; Nays 62

Those who voted in the affirmative are:

Alexander, M.O.  Anderson         Askins
Breeland         Brown, G.        Brown, J.
Byrd             Chamblee         Farr
Felder           Govan            Harrelson
Harris, J.       Harris, P.       Hines
Hodges           Holt             Houck
Inabinett        Jennings         Kinon
Mattos           McAbee           McLeod
McMahand         McTeer           Neal
Neilson          Phillips         Rhoad
Rogers           Rudnick          Scott
Sheheen          Waldrop          Whipper
White            Worley

Total--38

Those who voted in the negative are:

Alexander, T.C.  Allison          Bailey, J.
Baker            Barber           Baxley
Brown, H.        Cato             Clyborne
Cooper           Delleney         Fair
Gamble           Gonzales         Graham
Harrell          Harrison         Harvin
Harwell          Haskins          Huff
Hutson           Keegan           Kelley
Keyserling       Kirsh            Klauber
Koon             Law              Littlejohn
Marchbanks       McElveen         Meacham
Moody-Lawrence   Quinn            Richardson
Riser            Robinson         Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie
Thomas           Trotter          Vaughn
Waites           Walker           Wells
Wilder, D.       Wilder, J.       Wilkes

Printed Page 3403 . . . . . Thursday, March 10, 1994

Wilkins          Witherspoon      Wofford
Wright           Young, A.

Total--62

So, the House refused to table the amendment.

Rep. GRAHAM explained the amendment.

POINT OF ORDER

Rep. HARRELSON raised the Point of Order that Amendment No. 382 was out of order as it was not germane.

Rep. GRAHAM argued contra the Point.

The SPEAKER stated that the Capital Reserve Fund was earmarked in this Bill and this just put restrictions on it and he overruled the Point of Order.

Rep. GRAHAM continued speaking.

Reps. McTEER and BOAN spoke against the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 64; Nays 45

Those who voted in the affirmative are:

Alexander, M.O.  Anderson         Askins
Bailey, G.       Bailey, J.       Baxley
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Byrd
Chamblee         Cobb-Hunter      Delleney
Farr             Felder           Gamble
Govan            Harrelson        Harris, J.
Harris, P.       Harvin           Harwell
Hines            Hodges           Holt
Houck            Hutson           Inabinett
Jennings         Keyserling       Kinon
Mattos           McAbee           McCraw
McElveen         McLeod           McMahand
McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rhoad

Printed Page 3404 . . . . . Thursday, March 10, 1994

Rogers           Rudnick          Scott
Sharpe           Sheheen          Spearman
Stille           Stoddard         Stone
Stuart           Waites           Waldrop
Whipper          White            Wilder, D.
Wilder, J.       Wilkes           Witherspoon
Worley

Total--64

Those who voted in the negative are:

Alexander, T.C.  Allison          Baker
Barber           Beatty           Cato
Clyborne         Cooper           Cromer
Davenport        Fair             Gonzales
Graham           Harrell          Harrison
Haskins          Huff             Jaskwhich
Keegan           Kelley           Kirsh
Klauber          Koon             Law
Littlejohn       Marchbanks       Meacham
Quinn            Richardson       Riser
Robinson         Shissias         Simrill
Smith, D.        Smith, R.        Sturkie
Thomas           Trotter          Vaughn
Walker           Wells            Wilkins
Wofford          Wright           Young, A.

Total--45

So, the amendment was tabled.

Rep. HASKINS proposed the following Amendment No. 383 (Doc Name L:\h- wm\legis\amend\DC.084), which was ruled out of order.

Amend the bill, as and if amended, Part II, Section New, by /repealing Section 48-48-80 in its entirety./

Renumber sections & amend totals/title to conform.

Rep. HASKINS explained the amendment.


Printed Page 3405 . . . . . Thursday, March 10, 1994

POINT OF ORDER

Rep. WAITES raised the Point of Order that Amendment No. 383 was out of order as it was not germane under Rule 5.3. She further stated that it was identical to a previous amendment ruled out of order.

Rep. HASKINS argued contra the Point.

The SPEAKER sustained the Point of Order and ruled the amendment out of order.

SECTION 127--ADOPTED

Debate was resumed on Section 127.

Section 127 was adopted.

SECTION 128--ADOPTED

Debate was resumed on Section 128.

Section 128 was adopted.

STATEMENT BY REP. BOAN

Rep. BOAN gave notice of offering amendments on third reading.

MOTION ADOPTED

Rep. BOAN moved to table all pending motions to reconsider, which was agreed to.

HOUSE TO MEET AT 12:00 NOON,
TUESDAY, MARCH 15, IN STATEWIDE SESSION

Rep. BOAN moved that when the House adjourns, it adjourn to meet at 12:00 Noon, in Statewide Session on Tuesday, March 15, which was agreed to.

The question then recurred to the passage of the Bill on second reading.

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

Yeas 80; Nays 25

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Anderson
Askins           Bailey, G.       Bailey, J.
Barber           Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Byrd             Cato

Printed Page 3406 . . . . . Thursday, March 10, 1994

Chamblee         Cobb-Hunter      Cromer
Delleney         Farr             Felder
Gamble           Govan            Harrell
Harrelson        Harris, J.       Harris, P.
Harvin           Harwell          Hines
Hodges           Houck            Huff
Inabinett        Jennings         Keegan
Keyserling       Kinon            Law
Marchbanks       Martin           Mattos
McAbee           McCraw           McElveen
McLeod           McMahand         McTeer
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Richardson
Riser            Robinson         Rogers
Rudnick          Scott            Sharpe
Sheheen          Smith, R.        Spearman
Stille           Stoddard         Stone
Stuart           Trotter          Waites
Waldrop          Wells            Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Witherspoon
Worley           Wright

Total--80

Those who voted in the negative are:

Allison          Baker            Beatty
Clyborne         Davenport        Fair
Gonzales         Harrison         Haskins
Hutson           Kelley           Kirsh
Klauber          Koon             Littlejohn
Meacham          Quinn            Shissias
Simrill          Sturkie          Thomas
Vaughn           Walker           Wofford
Young, A.

Total--25

So, the Bill, as amended, was read the second time and ordered to third reading.


Printed Page 3407 . . . . . Thursday, March 10, 1994

PAIRED

Cooper (Present) Nay

Carnell (Absent) Aye

PAIRED

Graham (Present) Nay

Snow (Absent) Aye

PAIRED

D. Smith (Present) Nay

Lanford (Absent) Aye

RECORD FOR VOTING
AMENDMENT NO. 227 AND
AMENDMENT NO. 358

I was out of the chamber at the time of the vote on the capital gains tax exemption. Had I been present I would have voted for the exemption.

Rep. RICHARD M. QUINN, JR.

H. 4820--THE GENERAL APPROPRIATION BILL
STATEMENTS FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, Section Number(s) 18D-49 The reason for abstaining on the above referenced legislation is: A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. THOMAS C. ALEXANDER

*********************************

Printed Page 3408 . . . . . Thursday, March 10, 1994

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, IB & II, Section Number(s) 31 The reason for abstaining on the above referenced legislation is: A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. JAMES J. BAILEY

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, Section Number(s) 5 The reason for abstaining on the above referenced legislation is: A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. DELL BAKER

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, Section Number(s) 29 The reason for abstaining on the above referenced legislation is: A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity


Printed Page 3409 . . . . . Thursday, March 10, 1994

funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. DELL BAKER

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, Section Number(s) 31 & 35 The reason for abstaining on the above referenced legislation is: A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. DELL BAKER

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date: Part IA, Section Number(s) 63 The reason for abstaining on the above referenced legislation is: A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. DELL BAKER

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