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Printed Page 3250, May 9
| Printed Page 3270, May 10
| The question then recurred to the passage of the Bill, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, G. Brown, H. Brown, J. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Harvin Haskins Herdklotz Hines Hodges Huff Hutson Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber
Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Mason McCraw McKay McTeer Meacham Moody-Lawrence Neilson Quinn Rhoad Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stoddard Stuart Tripp Trotter Tucker Vaughn Walker Wells Whatley Whipper, L. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, J.
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
Rep. THOMAS moved to adjourn debate upon the following Joint Resolution until Wednesday, May 10, which was adopted.
H. 3628 -- Reps. Thomas, Moody-Lawrence, Cobb-Hunter, Richardson, T. Brown,
Knotts, Keegan, Wright, J. Harris, Gamble, J. Young, P. Harris, Baxley,
Townsend, Dantzler, Witherspoon, Stille, Law, Scott, Riser and Cotty: A JOINT
RESOLUTION TO CREATE A STUDY COMMITTEE TO EXAMINE STATE LAW RELATING TO THE
REQUIREMENTS FOR THE TRANSPORTATION, POSSESSION, AND CONSUMPTION OF
ALCOHOLIC
LIQUORS IN MINIBOTTLES AND TO EXAMINE AMENDMENTS TO STATE LAW PERTAINING TO
ALCOHOLIC LIQUOR BY THE DRINK.
The following Bill was taken up.
S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.
Reps. WALKER, LITTLEJOHN and ALLISON proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\5932HTC.95), which was tabled.
Amend the bill, as and if amended, Section 11-27-110(A)(5), as contained in SECTION 1, page 2, line 26, by striking /under/ and inserting /not including any financing agreement entered into by a school district, under/.
Amend further, Section 11-27-110(A)(7), as contained in SECTION 1, page 3, line 5, by striking /school district,/ and on line 7, by striking /Sections 14 and 15/ and inserting /Section 14/.
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.
Amend the bill, as and if amended, Section 11-27-110(A)(5), as contained in SECTION 1, page 2, line 25, by striking /December 31, 1995/ and inserting /the date of a referendum proposing constitutional amendments raising the constitutional debt limit for political subdivisions and school districts from eight to twelve percent/
Amend title to conform.
Rep. WALKER explained the amendment.
Rep. SHEHEEN moved to table the amendment.
Rep. ALLISON demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Baxley Breeland Brown, J. Byrd Cain Carnell Cato Cotty Cromer Dantzler Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Haskins Hines Huff Hutson Jennings Keegan Kelley Kennedy Keyserling Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Lloyd Martin McAbee McCraw McTeer Meacham Moody-Lawrence Neilson Quinn Rice Richardson Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Spearman Stille Stoddard Stuart Tripp Vaughn Whatley Whipper, S. Wilder Wilkins Williams
Witherspoon Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Allison Askins Boan Davenport Harvin Herdklotz Kinon Littlejohn Mason Trotter Walker Wells Wofford
So, the amendment was tabled.
Rep. HERDKLOTZ proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\JIC\5860HTC.95), which was tabled.
Amend the bill, as and if amended, Section 11-27-110(A)(5), as contained in SECTION 1, page 2, by inserting before /under/ on line 25:
/not including any financing agreement under negotiation on the effective date of this section,/.
Amend title to conform.
Rep. HERDKLOTZ explained the amendment.
Rep. HARRELL moved to table the amendment.
Rep. HERDKLOTZ demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 55 to 12.
Rep. HERDKLOTZ proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5859HTC.95), which was tabled.
Amend the bill, as and if amended, Section 11-27-110(A)(5), as contained in SECTION 1, page 2, line 26, by striking /December 31, 1995/ and inserting /June 30, 1996/.
Amend title to conform.
Rep. HERDKLOTZ explained the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to by a division
vote of 47 to 17.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Baxley Boan Brown, H. Brown, J. Byrd Cain Carnell Cato Cotty Cromer Dantzler Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harrison Haskins Hines Hodges Huff Hutson Jennings Keegan Kelley Keyserling Kirsh Klauber Knotts Koon Law Limbaugh Littlejohn Lloyd Martin Mason McAbee McCraw McKay McTeer Meacham Moody-Lawrence Neilson Rhoad Rice Riser Robinson Rogers Sandifer Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Vaughn Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Allison Anderson Davenport Herdklotz Walker
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4183 -- Rep. Cromer: A CONCURRENT RESOLUTION CONGRATULATING THE REVEREND MONSIGNOR CHARLES H. ROWLAND, PASTOR OF THE CATHOLIC CHURCH OF SAINT JOSEPH IN COLUMBIA, ON THE TWENTY-FIFTH ANNIVERSARY OF HIS ORDINATION TO THE PRIESTHOOD.
H. 4184 -- Rep. Harvin: A CONCURRENT RESOLUTION EXPRESSING APPRECIATION TO DAVID WELLS, JR., OF ALCOLU FOR HIS EXEMPLARY SERVICE TO HIS COMMUNITY.
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:
Our Father God, without Whose guidance our wisdom is folly, teach us by the adventure of faith to be victors in life, not victims of it. Save us from ingratitude or pettiness, from turning coward in the day of battle. As trustees of so many blessings and entrusted with so many opportunities, give us a dauntless trust, a firm faith, an understanding charity, and a will to labor courageously for the right. May we know that a good conscience is the master key to unlock the pearl of great price.
We pray to a God Who is altogether holy. 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 yesterday, the SPEAKER ordered it confirmed.
Rep. MARCHBANKS moved that when the House adjourns, it adjourn in memory of James Milford "Bluff" Garrett of Six Mile, which was agreed to.
The following was received.
Columbia, S.C., May 9, 1995
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden
the veto by the Governor on R. 65, H. 3853 by a vote of 45 to 0.
(R65) H. 3853 -- Rep. Davenport: AN ACT TO AMEND ACT 172 OF 1969, RELATING TO
THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT, SO AS TO AUTHORIZE THE
BOARD OF THE DISTRICT TO EMPLOY FIREMEN AND OTHER
Received as information.
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of a majority of the members from the respective Congressional District and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Reappointment, Prisoner of War Commission, with term to commence July 1, 1995, and to expire July 1, 1999:
5th Congressional District:
Mr. Bobby R. Bagley, Post Office Box 1119, Sumter, S.C. 29151
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 4172 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 10, 1995, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF COASTAL CAROLINA UNIVERSITY, THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SOUTH CAROLINA STATE UNIVERSITY, THE WIL LOU GRAY OPPORTUNITY SCHOOL, AND THE BOARD OF
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
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.
Rep. H. BROWN proposed the following Amendment No. 1A (Doc Name L:\council\legis\amend\PFM\7479HTC.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting the bill as passed by the House of Representatives.
Amend title to conform.
Rep. H. BROWN explained the amendment.
Rep. SHEHEEN raised the Point of Order that the Bill was out of order under Rule 9.1 which states that a Bill which originated in the House, or which, having originated in the Senate and having been amended by the House, shall be returned from the Senate with amendments, such Bill as amended shall be printed, placed on the House Calendar, and shall not be
The SPEAKER sustained the Point of Order.
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