Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1750, Mar. 15 | Printed Page 1770, Mar. 15 |

Printed Page 1760 . . . . . Wednesday, March 15, 1995

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Yeas 72; Nays 26

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.

Total--72

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


Printed Page 1761 . . . . . Wednesday, March 15, 1995

Spearman         Stille           Tucker
Whipper, S.      White

Total--26

So, the amendment was tabled.

RULE 6.1 NOT WAIVED

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:

Yeas 47; Nays 63

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

Total--47



Printed Page 1762 . . . . . Wednesday, March 15, 1995

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.

Total--63

So, the House refused to adjourn.

The question then recurred to the motion to invoke immediate cloture on the entire matter.

POINT OF ORDER

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.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.


Printed Page 1763 . . . . . Wednesday, March 15, 1995

POINT OF QUORUM

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:

Yeas 29; Nays 45

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

Total--29

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


Printed Page 1764 . . . . . Wednesday, March 15, 1995

Whatley          Wilkins          Witherspoon
Wright           Young, A.        Young, J.

Total--45

So, the House refused to adjourn.

A quorum was later present.

H. 3647--ORDERED TO THIRD READING

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:

Yeas 45; Nays 36

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


Printed Page 1765 . . . . . Wednesday, March 15, 1995

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.

Total--45

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.

Total--36

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


Printed Page 1766 . . . . . Wednesday, March 15, 1995

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.


Printed Page 1767 . . . . . Wednesday, March 15, 1995

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.


Printed Page 1768 . . . . . Wednesday, March 15, 1995

Rep. McABEE demanded the yeas and nays, which were taken resulting as follows:
Yeas 67; Nays 32

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.

Total--67

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


Printed Page 1769 . . . . . Wednesday, March 15, 1995

Whipper, L.      Whipper, S.      White
Wilder           Williams

Total--32

So, the amendment was tabled.

RECORD FOR JOURNAL

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:

Yeas 57; Nays 50

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


Printed Page 1770 . . . . . Wednesday, March 15, 1995

Rice             Riser            Robinson
Sandifer         Seithel          Sharpe
Simrill          Smith, R.        Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Wilkins          Wofford          Worley
Wright           Young, A.        Young, J.

Total--57

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

Total--50

So, the amendment was tabled.


| Printed Page 1750, Mar. 15 | Printed Page 1770, Mar. 15 |

Page Finder Index