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

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Printed Page 2030 . . . . . Thursday, March 23, 1995

(2) Recommit the General Assembly to restrict funds generated from state sales tax to the public schools. When our predecessors first established the state sales tax in the early 1950's, they promised the people the funds would go to our schools. When they increased that tax from three percent to four percent in the 1970's they further pledged the additional penny would go to the public schools. And again in the 1980's when they added the fifth penny through the Education Improvement Act, we again pledged the penny to the public schools. As recently as two weeks ago, we took the money and ran. We violated our commitment, shifted funds from account to account to create the proposed property tax reform to fund so called property tax relief.

(3) Untie the hands of local government so that they, with and only with agreement from the people, may establish alternative sources of revenue to pay for local services. To do this, the General Assembly should initiate a county referenda process through which the people may endorse or reject alternatives to property tax to fund local government services. If one follows recommendations from The Advisory Commission on Inter-Governmental Relations, such alternatives would include, but not necessarily be limited to: a county-wide sales tax; a county-wide special purpose sales tax; a county-wide income tax; a county-wide employment tax.

(4) Commit the General Assembly to end mandates on local government for which we are not prepared to provide funding.

I recognize this is a different approach from H-3651. It is based on reason, not on quick fix politics as usual which more often than not ensures good headlines though achieves little headway toward remedying a problem. It is an approach based on common sense.

I need not tell my colleagues how difficult and, needless to say, politically risky it is to vote against so called "property tax reform." At the same time, it is wrong to promise the people something we cannot deliver. Because I am not convinced that H-3651 ensures the comprehensive property tax reform the people back home are expecting, I am taking the risk of opposing this legislation.

Mr. Speaker, thank you and the members of the House for the opportunity to make this statement.

Rep. WILLIAM D. KEYSERLING


Printed Page 2031 . . . . . Thursday, March 23, 1995

RECORD FOR JOURNAL

I voted against H. 3651. The remarks Rep. KEYSERLING placed in the Journal express my general reservations about the Bill. I believe that the people of our State would be better served by a plan similar to that proposed by the Ad Hoc Tax Reform Committee chaired by Rep. BOAN and Senator Leatherman. I believe the House can do much better than this.

Rep. JOSEPH T. McELVEEN, JR.

RECORD FOR JOURNAL

I want the Journal to reflect that I voted for this Bill because of my strong desire to reduce property tax for all South Carolina citizens. However, I voted so with great reluctance.

This Bill gives property tax relief at the expense of Higher and Public Education. I know of no greater need in our State than education and believe that education is the solution for almost every problem our people experience. The Bill is neither fiscally conservative nor responsible.

Rep. JUNE S. SHISSIAS

RECORD FOR JOURNAL

I voted for H. 3651 (Property Tax Relief) because I favor property tax relief but disagree with the following:

1) Caps on local government spending.

2) Has no provision to stop unfunded mandates from passing through state government to local governments.

3) Spends $54 million of the Carnell Felder Reserve Fund.

I supported unsuccessful efforts to eliminate the above items by attempting amendments to the Bill.

Rep. TIMOTHY C. WILKES

Rep. SIMRILL moved that the House do now adjourn, which was agreed to.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3823 -- Rep. Stuart: A CONCURRENT RESOLUTION TO RECOGNIZE THE HORSENECK COMMUNITY IN LEXINGTON COUNTY ON SUNDAY, MARCH 19, 1995, UPON THE OCCASION OF ITS DEDICATION AND OPEN HOUSE OF THE HORSENECK COMMUNITY CENTER AND TO COMMEND THE MANY CITIZENS


Printed Page 2032 . . . . . Thursday, March 23, 1995

AND GROUPS THAT JOINED TOGETHER TO MAKE THIS PROJECT A REALITY.

H. 3831 -- Reps. J. Brown, Scott, Neal, Shissias, Cromer, Harrison, Rogers, Cotty, Byrd, Howard and Quinn: A CONCURRENT RESOLUTION CONGRATULATING THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF RICHLAND COUNTY ON WINNING THE 1995 STATE CLASS AAA BASKETBALL CHAMPIONSHIP.

H. 3832 -- Rep. McMahand: A CONCURRENT RESOLUTION CONGRATULATING AND COMMENDING ATTALA THERESE YOUNG OF PIEDMONT ON HER OUTSTANDING ACCOMPLISHMENTS AS A STUDENT-ATHLETE AT ERSKINE COLLEGE.

ADJOURNMENT

At 2:05 P.M. the House in accordance with the motion of Rep. HINES adjourned in memory of John Pauley of Lamar, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 2033 . . . . . Friday, March 24, 1995

Friday, March 24, 1995

(Local 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:

Almighty and eternal God, without Whom no one can live wisely or well, reveal to us Your will and show us Your way. Enlighten our understanding, purify our desires, strengthen every worthwhile purpose, and keep us diligent in the demanding duties of this day. We pray for our families whose affection and understanding make life more worth living, for our friends whose friendliness make our existence a joy, for our Nation where freedom is a rich blessing.

From this altar of prayer, send us to our tasks "to do justly, to love mercy and to walk humbly with our God." Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3459 -- Reps. Martin, R. Smith, A. Young, Kelley, McCraw, Baxley, Wright, Meacham, Clyburn, Askins, Neilson, Allison, Townsend, Lanford, Sandifer, S. Whipper, Jennings, Shissias, Fulmer, Simrill, McKay, J. Harris, Huff, Delleney, Thomas, Wells, Gamble, L. Whipper, Limbaugh, Phillips, Walker, Littlejohn, Harrison, Boan, Davenport, D. Smith, Wofford, Spearman, Robinson, Hallman, Harrell, Hines, Sharpe, Rice, Cato and Mason: A BILL TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 17 SO AS TO PROHIBIT HARASSMENT AND STALKING, TO PROVIDE DEFINITIONS, TO PROVIDE PENALTIES, AND TO AUTHORIZE TEMPORARY RESTRAINING ORDERS; AND TO REPEAL SECTION 16-3-1070, RELATING TO THE CRIME OF STALKING.

H. 3526 -- Reps. Jaskwhich, Herdklotz, Vaughn, Tripp, Cato, Easterday and Haskins: A BILL TO AMEND SECTION 50-11-870, AS


Printed Page 2034 . . . . . Friday, March 24, 1995

AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO INCLUDE ROLLING GREEN RETIREMENT COMMUNITY IN GREENVILLE COUNTY.

H. 3552 -- Reps. Jennings, Tucker, Baxley, Chamblee, Stuart, Canty, Richardson, Askins, Inabinett, Littlejohn, Meacham, Sandifer, Lanford, Wofford, Herdklotz, Moody-Lawrence, Quinn, Law, Sheheen, McCraw, Whatley, Shissias, Kirsh, Fleming, Stille, Limbaugh, Lloyd, Huff, Cain, Seithel, Hines, Wells, Allison, Vaughn, Davenport, Tripp, Easterday, D. Smith, Dantzler, J. Harris, Klauber and Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 56 SO AS TO REQUIRE MOTOR VEHICLE MANUFACTURERS TO DISCLOSE POST-MANUFACTURING DAMAGES AND REPAIRS IN WRITING TO MOTOR VEHICLE DEALERS, TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO MOTOR VEHICLE PURCHASERS IN WRITING NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE", AND TO DEFINE "MANUFACTURER'S SUGGESTED RETAIL PRICE".

H. 3117 -- Reps. Cato and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-935 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

H. 3665 -- Reps. Gamble, Cato, Worley, G. Brown and L. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-933 SO AS TO PROVIDE REQUIREMENTS FOR CONSUMER LEASES FOR AUTOMOBILES.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, 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.

S. 294 -- Senator Land: A BILL TO AMEND SECTION 48-11-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERSHED CONSERVATION DISTRICTS, SO AS TO DELETE THE PROVISION FOR BACK SWAMP WATERSHED


Printed Page 2035 . . . . . Friday, March 24, 1995

CONSERVATION DISTRICT IN LEE COUNTY WHICH NEVER HAS IMPLEMENTED A PROJECT OR WORK OF IMPROVEMENT; TO DISSOLVE THE DISTRICT; AND TO REPEAL ACT 602 OF 1961 RELATING TO THE AUTHORIZATION TO CREATE THE DISTRICT.

ADJOURNMENT

At 10:45 A.M. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 Noon, Tuesday, March 28.

* * *


Printed Page 2036 . . . . . Tuesday, March 28, 1995

Tuesday, March 28, 1995

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty God our Heavenly Father Who feeds the birds and clothes the flowers, we thank You for the awakening beauty of the earth around. With clear vision and grateful hearts, may we behold Your power in the beauty of the Springtime. Forbid that we should walk in the gardens of loveliness with eyes that do not see and with hearts that do not sing. As the miracle of life is wrought anew in the tiniest bloom, in every green blade of grass, and in budding branches against the bending sky, may the wonder of it rebuke our cold cynicism, the joy of it restore our tired hope, and the charm of it enrich our understanding of Your promises which are sure.

We pray to our God Who never fails us. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. WOFFORD moved that when the House adjourns, it adjourn in memory of Ruby Mitchell of Goose Creek, which was agreed to.


Printed Page 2037 . . . . . Tuesday, March 28, 1995

RESIGNATION

HOUSE OF REPRESENTATIVES

The following was received.

Dear Mr. Speaker:

This is to inform you that I am tendering my resignation to the S.C. House of Representatives, District #59 effective June 5th, 1995.

I shall always remember, treasure, and be grateful for the opportunity I have had to serve with you and the Members of the S.C. General Assembly.

Respectfully,
Rep. B. HICKS HARWELL

Received as information.

REGULATIONS RECEIVED

The following were received and referred to the appropriate committees for consideration.

Document No. 1818
Promulgated By LLR - Board of Accountancy
Experience while obtaining required education; Reinstatement of license after revocation; form of organization and name.
Received By Speaker March 24, 1995
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date February 28, 1996

Document No. 1848
Promulgated By Department of Health and Environmental Control
Emergency Medical Services
Received By Speaker March 27, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date March 2, 1996


Printed Page 2038 . . . . . Tuesday, March 28, 1995

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 1811
Promulgated By Department of Health and Environmental Control
Public Swimming Pools
Received By Speaker January 24, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 24, 1995
Withdrawal requested by House Medical, Military, Public and Municipal Affairs Committee March 24, 1995
Withdrawn and Resubmitted March 24, 1995

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 657 -- Judiciary Committee: A CONCURRENT RESOLUTION DIRECTING STATE AGENCIES, DEPARTMENTS, INSTITUTIONS, AND DIVISIONS TO PRINT CERTAIN INFORMATION UPON ALL COMMUNICATIONS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 663 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST RESPECTED CITIZENS, GEORGE ANDERSON DOUGLAS SR. OF ROCK HILL, WHO PASSED AWAY FRIDAY, MARCH 3, 1995.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


Printed Page 2039 . . . . . Tuesday, March 28, 1995

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 665 -- Senators J. Verne Smith, Martin and Alexander: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, MS. ELIZABETH SMITH, THE RECIPIENT OF THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) DISTINGUISHED SERVICE AWARD.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 666 -- Senators J. Verne Smith, Peeler, Hayes, Gregory and Short: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, DR. MARGARET JOHNSON, UPON BEING NAMED THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) NATIONAL HIGHER EDUCATION DIVISION ART EDUCATOR OF THE YEAR.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 664 -- Senators J. Verne Smith, Russell, Reese and Courtney: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO ONE OF THIS STATE'S MOST PROMINENT ART EDUCATORS, DR. CHRISTINE DAVIS, UPON BEING NAMED THE 1995 NATIONAL ART EDUCATION ASSOCIATION (NAEA) NATIONAL SECONDARY ART EDUCATOR OF THE YEAR.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.


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