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Printed Page 1210, Mar. 2
| Printed Page 1230, Mar. 2
| The roll call of the House of Representatives was taken resulting as
follows.
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Felder Fleming Fulmer Gamble Govan Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Herdklotz Hines Hodges Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Rogers Sandifer Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford
Worley Wright Young, A. Young, J.STATEMENT OF ATTENDANCE I came in after the roll call and was present for the Session on Thursday, March 2. Michael L. Fair Becky Meacham Harry M. Hallman, Jr. Eugene C. Stoddard Scott H. Richardson Ralph W. Canty
The SPEAKER granted Rep. McKAY a leave of absence due to an accident.
The SPEAKER granted Rep. COOPER a leave of absence for the day.
Announcement was made that Dr. M.F. McFarland of Columbia is the Doctor of the Day for the General Assembly.
Reps. LAW and H. BROWN, on behalf of the Berkeley Delegation presented to the House the Berkeley High School football team, winners of the 1994 Class AAAA Division II State Championship, their coaches and other school officials.
Rep. H. BROWN moved that when the House adjourns today, to adjourn to convene at 11:00 A.M. Monday, March 6, 1995, in Statewide Session, which was agreed to.
Rep. H. BROWN moved that H. 3362, the General Appropriation Bill, be set for Special Order on Monday, March 6, immediately after the call of the uncontested Calendar, and immediately after roll call everyday thereafter, and continue each day until given a second reading, and the Bill be set for Special Order for third reading immediately following the Roll Call and continue each day until final disposition, which was agreed to.
Rep. H. BROWN moved that while debating H. 3362, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.
The following Bill was taken up.
S. 494 -- Senator Courtney: A BILL TO PROVIDE THAT EFFECTIVE UPON APPROVAL OF THIS ACT BY THE GOVERNOR, NO SOLID WASTE LANDFILL IN SPARTANBURG COUNTY MAY BE LOCATED WITHIN THREE THOUSAND FEET OF AN AQUACULTURE FARM OR FACILITY.
Rep. LANFORD proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5486HTC.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Notwithstanding any other provision of law, no commercial construction, demolition, and land-clearing landfill in Spartanburg County may be located within three thousand feet of an existing aquaculture farm or facility. This section does not apply to existing permitted commercial construction, demolition, and land-clearing debris landfills. For purposes of this section, "commercial landfill" means a landfill providing landfill services to other persons or entities for compensation./
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. LANFORD, with unanimous consent, it was ordered that S. 494 be read the third time tomorrow.
The SPEAKER granted Rep. BAILEY a leave of absence for the remainder of the day.
The following Bill was taken up.
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. L. WHIPPER inquired about the Bill and whether it came from the Committee.
The SPEAKER stated that the Bill had been introduced by the Committee and placed on the Calendar.
Rep. L. WHIPPER made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER overruled the Point of Order.
Rep. L. WHIPPER moved to adjourn debate upon the Bill until Tuesday, March 7.
Rep. KELLEY moved to table the motion, which was agreed to.
Rep. L. WHIPPER objected to the Bill.
Rep. KELLEY explained the Bill.
Rep. KELLEY continued speaking.
Rep. TRIPP proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1754DW.95), which was adopted.
Amend the bill, as and if amended, SECTION 2, Page 2, by inserting after Line 31:
/(D) The existence of any authority created pursuant to this chapter must terminate not later than twelve months after a sales and use tax or toll authorized by this chapter terminates./
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
Rep. WORLEY spoke against the Bill.
Reps. KELLEY, KEEGAN, WITHERSPOON, THOMAS, RICHARDSON, RISER and HALLMAN objected to the Bill.
The following was received.
Columbia, S.C., March 2, 1995
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. TROTTER the invitation was accepted.
Rep. KELLEY moved that the House do now adjourn.
Those who voted in the affirmative are:
Whipper, L. Whipper, S. White
Those who voted in the negative are:
Allison Askins Baxley Brown, G. Brown, H. Brown, T. Cain Carnell Cave Chamblee Clyburn Cobb-Hunter Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harrison Harvin Harwell Haskins Herdklotz Hodges Howard Hutson Jaskwhich Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Limbaugh Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw Meacham Neal Neilson Quinn Rice Richardson Riser Sandifer Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Trotter Tucker Vaughn Walker Wells Whatley Wilkes Wofford Wright Young, J.
Further proceedings were interrupted by the Ratification of Acts.
At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R1) S. 45 -- Senator Greg Smith: AN ACT TO AMEND SECTION 54-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORTS OF GEORGETOWN, LITTLE RIVER, AND PORT ROYAL, SO AS TO PROVIDE FOR TERMS OF THE MEMBERS OF THE GEORGETOWN PILOTAGE COMMISSION BEGINNING FEBRUARY 1, 1995.
(R2) S. 278 -- Senators Mescher and Rose: AN ACT TO AMEND ACT 1093 OF 1966, RELATING TO THE GOOSE CREEK PARK AND PLAYGROUND COMMISSION, SO AS TO CHANGE THE NAME OF THE COMMISSION TO THE GOOSE CREEK RECREATION COMMISSION.
(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.
(R4) S. 351 -- Senators Giese, Passailaigue, Glover, Bryan, Lander, Reese, Rose, Russell and J. Verne Smith: AN ACT TO AMEND SECTION 43-21-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELDERCARE TRUST FUND MONIES AND DISBURSEMENTS, SO AS TO MAKE ALL ASSETS OF THE FUND AVAILABLE FOR DISBURSEMENT UP TO TWO HUNDRED THOUSAND DOLLARS AFTER ALLOWANCES FOR
(R5) S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: AN ACT TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.
(R6) S. 385 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF AUGUST 19, 1994, MISSED BY THE STUDENTS OF SCHOOLS IN THE OCONEE COUNTY SCHOOL DISTRICT WHEN THESE SCHOOLS WERE CLOSED DUE TO WATER CONTAMINATION BROUGHT ABOUT BY HEAVY RAINS AND FLOODING OF THE WATER SUPPLY, AS DECLARED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R7) S. 414 -- Senator Peeler: A JOINT RESOLUTION REQUIRING THE DEPARTMENT OF REVENUE AND TAXATION TO REGISTER, COLLECT THE BIENNIAL REGISTRATION FEE, AND NOT TO ISSUE IDENTIFICATION MARKERS OR REGISTRATION CARDS TO MOTOR CARRIERS AND SUSPENDING THE PENALTY FOR THE OPERATION OF A MOTOR CARRIER OR VEHICLE WHICH HAS A FADED, EXPIRED, OR MISSING MARKER FROM APRIL 1, 1995, THROUGH SEPTEMBER 3, 1996.
(R8) S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE
(R9) S. 442 -- Senators Rose and Mescher: AN ACT TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO PROVIDE ELECTRIC POWER SERVICE IN BERKELEY COUNTY, SO AS TO REVISE THE NUMBER OF THE AUTHORITY DRAWING MAP WHICH IS REQUIRED TO BE FILED AS PROVIDED IN SECTION 58-31-340.
(R10) S. 446 -- Senator Bryan: A JOINT RESOLUTION TO EXEMPT THE SUPERINTENDENT OF LAURENS COUNTY SCHOOL DISTRICT 56 FROM THE MINIMUM SALARY REQUIREMENT OF THE EDUCATION FINANCE ACT WHILE THIS SUPERINTENDENT IS A REEMPLOYED RETIREE RECEIVING BENEFITS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM.
(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.
(R12) H. 3206 -- Reps. P. Harris, Waldrop, Neilson, Baxley, J. Brown, Inabinett, Kelley, Rhoad, Shissias, Wilkes and Chamblee: A JOINT RESOLUTION TO DIRECT THE DIVISION ON AGING, OFFICE OF THE GOVERNOR, TO PROVIDE INFORMATION TO MEMBERS OF THE GENERAL ASSEMBLY ON THE WHITE HOUSE CONFERENCE ON AGING AND THE GOVERNOR'S CONFERENCE ON AGING, BOTH TO BE HELD IN 1995, AND TO PROVIDE THE MEMBERS' RECOMMENDATIONS FROM THESE CONFERENCES FOR THE MEMBERS' USE IN DEVELOPING AGING POLICY AND LEGISLATION.
(R13) H. 3217 -- Reps. Neilson, Hines and Baxley: AN ACT TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO DELETE THE PHILADELPHIA PRECINCT AND REVISE THE MAP DOCUMENT NUMBER ON WHICH SUCH PRECINCTS ARE SHOWN.
(R15) H. 3366 -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, Delleney and McCraw: AN ACT TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY AND TO ABOLISH THE YORK COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF YORK COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
(R16) H. 3370 -- Rep. Askins: AN ACT TO AMEND ACT 250 OF 1991, RELATING TO ELECTIONS FOR MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 5, SO AS TO PROVIDE THAT THE BOARD RATHER THAN THE COMMISSIONERS OF ELECTION FOR FLORENCE COUNTY SHALL CONDUCT THE ELECTIONS AND TO PROVIDE THAT ANY MEMBER OF THE BOARD MUST RECUSE HIMSELF INVOLVING MATTERS PERTAINING TO HIS ELECTION.
(R17) H. 3507 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1741, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R18) H. 3508 -- Education and Public Works Committee: A JOINT RESOLUTION TO
APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GRADUATION
REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1742, PURSUANT TO
THE
PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
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