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 2740, Apr. 26 | Printed Page 2760, Apr. 26 |

Printed Page 2750 . . . . . Wednesday, April 26, 1995

POINT OF ORDER

Rep. CATO 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 sustained the Point of Order.

H. 4144--POINT OF ORDER

The following Joint Resolution was taken up.

H. 4144 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 1835, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. TOWNSEND made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4145--POINT OF ORDER

The following Joint Resolution was taken up.

H. 4145 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF REVENUE AND TAXATION, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1827, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

POINT OF ORDER

Rep. HASKINS made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the


Printed Page 2751 . . . . . Wednesday, April 26, 1995

Joint Resolution have not been upon the desks of the members for one day.

The SPEAKER sustained the Point of Order.

H. 4146--RULE 5.12 WAIVED

Rep. H. BROWN moved to waive Rule 5.12 on the following Bill, which was agreed to by a division vote of 64 to 14.

H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.

H. 4146--ORDERED TO THIRD READING

The following Bill was taken up.

H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20, 39-41-30, 39-41-40, 39-41-50, 39-41-60,


Printed Page 2752 . . . . . Wednesday, April 26, 1995

39-41-100, 39-41-110, 39-41-120, 39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS 12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270, 12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350, 12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560, 12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720, 12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790, 12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120, 12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260, 12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10, 12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140, 12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370, 12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440, 12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL PROVISIONS FOR GASOLINE TAXES.

Rep. HARRELL explained the Bill.

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

H. 3201--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3201 -- Rep. Simrill: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PLACES IN WHICH SMOKING IS PROHIBITED UNDER THE CLEAN INDOOR AIR ACT OF 1990, SO AS TO PROVIDE THAT LOCAL SCHOOL BOARDS MAY MAKE SCHOOL DISTRICT FACILITIES SMOKE FREE AND TO PROVIDE AN EXCEPTION FOR GOVERNMENTAL ENTITIES THAT HAD A NONSMOKING POLICY IN EFFECT BEFORE AUGUST 1, 1990; AND TO DESIGNATE THE PROVISIONS OF THE CLEAN INDOOR AIR ACT AS CHAPTER 95, TITLE 44 OF THE 1976 CODE.

Rep. DAVENPORT explained the Bill.

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


Printed Page 2753 . . . . . Wednesday, April 26, 1995

H. 3745--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3745 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-330 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT CREATED FOR HISTORICAL PRESERVATION TO CONVEY PROPERTY.

Rep. HARRISON explained the Bill.

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

H. 3203--OBJECTIONS

The following Bill was taken up.

H. 3203 -- Rep. Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES OR APPOINTED OR ELECTED TO A COUNTY BOARD OF EDUCATION AFTER JULY 1, 1995, WHO PREVIOUSLY HAS NOT SERVED IN SUCH OFFICE, SHALL SUCCESSFULLY COMPLETE AN ORIENTATION PROGRAM WITHIN ONE YEAR OF TAKING OFFICE, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL REIMBURSE LOCAL SCHOOL DISTRICTS AND BOARDS OF EDUCATION FOR THE COST OF THESE ORIENTATIONS UP TO A MAXIMUM AMOUNT PER YEAR.

Reps. KIRSH and MOODY-LAWRENCE objected to the Bill.

H. 3915--ORDERED TO THIRD READING

The following Bill was taken up.

H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF


Printed Page 2754 . . . . . Wednesday, April 26, 1995

UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.

Reps. TOWNSEND, SHARPE, ALLISON, WRIGHT and WILKINS proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\21736SD.95), which was tabled.

Amend the bill, as and if amended, in Section 59-103-10 of the 1976 Code, as contained in SECTION 1, by striking the second sentence of the section and inserting:

/Two members must be appointed by the Governor from each congressional district, with one such member from each congressional district being appointed by the Governor in his sole discretion and with one such member from each congressional district being appointed by the Governor upon the recommendation of the majority of the legislative delegation members from the district./

Renumber sections to conform.

Amend totals and title to conform.


Printed Page 2755 . . . . . Wednesday, April 26, 1995

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

Rep. ROBINSON proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\GJK\21738SD.95), which was tabled.

Amend the bill, as and if amended, in item (2) of SECTION 5, by inserting a new subitem (f) immediately after subitem (e) which begins on line 35, page 5, to read:

/"(f) study and make recommendations on the following items:

(i) changes in the funding formula for higher education to encourage greater efficiency and economy in the operations of the institutions;

(ii) elimination of duplicative degree programs at the various institutions;

(iii) merger or consolidation of institutions;

(iv) guidelines for faculty productivity;

(v) a limitation on state funding for credit hours earned by undergraduate degree-seeking students and graduate degree-seeking students;

(vi) whether institutional procurement practices are exercised in a sound manner;

(vii) whether institutions are properly protecting and maintaining institutional resources;

(viii) whether institutions have in place an adequate system for measuring and reporting performance on economy and efficiency;

(ix) an assessment of the adequacy of institutional management systems for measuring and reporting efficiency in providing quality education relative to the tuition and fees charged by the institution."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. ROBINSON explained the amendment.

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

Rep. McTEER proposed the following Amendment No. 10, which was tabled.

Amend the bill, as and if amended, by striking Section 5 in its entirety.

Amend section numbers and title to conform.

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


Printed Page 2756 . . . . . Wednesday, April 26, 1995

Rep. TOWNSEND spoke in favor of the Bill.

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

H. 3567--OBJECTION WITHDRAWN AND ORDERED TO THIRD READING

Upon the withdrawal of an objection by Rep. ROGERS the following Bill was taken up.

H. 3567 -- Rep. Quinn: A BILL TO AMEND SECTION 61-1-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEER, WINE, AND ALCOHOLIC BEVERAGE PERMITS AND LICENSES, SO AS TO DELETE THE PROHIBITION ON THE ISSUE OF A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO ANY PERSON WITHIN THE THIRD DEGREE OF KINSHIP TO THE PERSON WHOSE PERMIT OR LICENSE WAS SUSPENDED AND TO DELETE THE PROHIBITION ON ISSUING A PERMIT OR LICENSE FOLLOWING SUSPENSION OR REVOCATION TO A PARTNER OR PERSON WITH A FINANCIAL INTEREST IN THE PREMISES OF THE ESTABLISHMENT FOR WHICH THE PERMIT OR LICENSE WAS SUSPENDED.

Rep. GAMBLE explained the Bill.

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

H. 3416--RECALLED FROM THE

COMMITTEE ON WAYS AND MEANS

On motion of Rep. L. WHIPPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.

H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.


Printed Page 2757 . . . . . Wednesday, April 26, 1995

H. 4079--RECALLED AND REFERRED

TO THE COMMITTEE ON JUDICIARY

On motion of Rep. GOVAN, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary.

H. 4079 -- Reps. Govan, Felder, Cobb-Hunter, Stuart, Sharpe and Moody-Lawrence: A BILL TO AMEND SECTION 58-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO APPOINT A MEMBER OF THE BOARD FROM ORANGEBURG COUNTY.

OBJECTION TO RECALL

Rep. WRIGHT asked unanimous consent to recall H. 3467 from the Committee on Education and Public Works.

Rep. MOODY-LAWRENCE objected.

OBJECTION TO RECALL

Rep. SCOTT asked unanimous consent to recall H. 3814 from the Committee on Labor, Commerce and Industry.

Rep. CATO objected.

OBJECTION TO MOTION

Rep. TOWNSEND asked unanimous consent that H. 3915 be read a third time tomorrow.

Rep. MOODY-LAWRENCE objected.

Rep. SHEHEEN moved that the House do now adjourn.

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

Yeas 50; Nays 55

Those who voted in the affirmative are:

Anderson         Bailey           Baxley
Beatty           Breeland         Brown, H.
Brown, J.        Byrd             Carnell
Cave             Chamblee         Cobb-Hunter
Dantzler         Delleney         Fair
Hallman          Harvin           Hines


Printed Page 2758 . . . . . Wednesday, April 26, 1995

Hodges           Howard           Inabinett
Jennings         Keyserling       Kirsh
Klauber          Law              Lloyd
Martin           McCraw           McMahand
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Richardson
Robinson         Rogers           Scott
Sheheen          Stille           Stoddard
Thomas           Townsend         Waldrop
Whipper, L.      Whipper, S.      White
Williams         Wofford

Total--50

Those who voted in the negative are:

Allison          Askins           Cain
Cato             Clyburn          Cooper
Cotty            Cromer           Davenport
Easterday        Elliott          Fulmer
Gamble           Harrell          Harris, J.
Harrison         Harwell          Haskins
Herdklotz        Huff             Hutson
Keegan           Kelley           Kinon
Knotts           Koon             Lanford
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            Meacham
Quinn            Rice             Riser
Sandifer         Seithel          Sharpe
Shissias         Simrill          Smith, R.
Spearman         Stuart           Trotter
Vaughn           Walker           Whatley
Wilder           Wilkins          Witherspoon
Worley           Wright           Young, A.
Young, J.

Total--55

So, the House refused to adjourn.


Printed Page 2759 . . . . . Wednesday, April 26, 1995

MOTION PERIOD

Rep. SANDIFER moved to recall H. 3154 from the Medical, Military, Public and Municipal Affairs Committee.

As a first substitute Rep. SHARPE moved to dispense with the balance of the Motion Period.

As a second substitute Rep. HASKINS moved to recall H. 3467 from the Education and Public Works Committee.

Rep. SHEHEEN moved to table the motion.

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

Yeas 55; Nays 37

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey           Baxley           Breeland
Brown, J.        Byrd             Cain
Cave             Clyburn          Cobb-Hunter
Cotty            Cromer           Elliott
Gamble           Govan            Harris, J.
Harrison         Hines            Hodges
Howard           Inabinett        Jennings
Keegan           Kelley           Kirsh
Knotts           Lanford          Lloyd
Martin           McMahand         Moody-Lawrence
Neal             Rhoad            Richardson
Riser            Rogers           Sandifer
Scott            Sheheen          Shissias
Simrill          Smith, R.        Spearman
Stuart           Trotter          Waldrop
Walker           Whipper, L.      Whipper, S.
White            Wilder           Wilkins
Williams

Total--55

Those who voted in the negative are:

Brown, H.        Carnell          Cato
Cooper           Dantzler         Davenport
Delleney         Easterday        Fair
Hallman          Harrell          Harvin


Printed Page 2760 . . . . . Wednesday, April 26, 1995

Haskins          Herdklotz        Huff
Klauber          Koon             Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McCraw
Meacham          Phillips         Rice
Seithel          Stille           Stoddard
Townsend         Vaughn           Wofford
Worley           Wright           Young, A.
Young, J.

Total--37

So, the motion to table was agreed to.


| Printed Page 2740, Apr. 26 | Printed Page 2760, Apr. 26 |

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