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 560, Jan. 25 | Printed Page 580, Jan. 27 |

Printed Page 570 . . . . . Thursday, January 26, 1995

CONCURRENT RESOLUTION

The following was introduced:

H. 3396 -- Reps. Govan, Felder, Cobb-Hunter, Sharpe and Stuart: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY BULLDOG FOOTBALL TEAM FOR AN OUTSTANDING 1994 SEASON AND HERITAGE BOWL VICTORY.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3397 -- Reps. Tucker and Elliott: A CONCURRENT RESOLUTION CONGRATULATING THOMAS BLAIR HERBERT OF ANDERSON ON BEING SELECTED TO ATTEND THE NATIONAL YOUNG LEADERS CONFERENCE IN WASHINGTON, D.C.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3398 -- Rep. Davenport: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO REMOVE THE STATE OF SOUTH CAROLINA FROM COVERAGE OF THE VOTING RIGHTS ACT OF 1965.

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


Printed Page 571 . . . . . Thursday, January 26, 1995

HOUSE RESOLUTION

On motion of Rep. KEYSERLING, with unanimous consent, the following was taken up for immediate consideration:

H. 3399 -- Rep. Keyserling: A HOUSE RESOLUTION RECOGNIZING THE SIGNIFICANT CONTRIBUTIONS OF THE SOUTH CAROLINA HUMANITIES COUNCIL IN TEACHING AND PROMOTING THE STRENGTH OF OUR STATE'S GREAT HERITAGE AND WISHING THE COUNCIL WELL IN ITS THIRD ANNUAL SOUTH CAROLINA HUMANITIES FESTIVAL IN BEAUFORT, SOUTH CAROLINA, JANUARY 27-29, 1995.

Whereas, the South Carolina Humanities Council is holding its third annual South Carolina Humanities Festival in Beaufort, South Carolina, January 27-29, 1995; and

Whereas, the South Carolina Humanities Council has excelled in promoting individuals, organizations, and programs that educate our citizens about the strength of the Palmetto State's heritage; and

Whereas, the programs of the South Carolina Humanities Council help people make sense of their lives, their history, and their culture and promote a sense of community through civil discourse and reflection; and

Whereas, the theme of this festival is "South Carolina: Traditions in a Time of Transition," an inviting topic for a State rich in tradition and growing through transition; and

Whereas, the rich historical, linguistic, and cultural heritage of Beaufort provides a stimulating context for the discussion and dialogue taking place at this festival. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, recognize the significant contributions of the South Carolina Humanities Council in teaching and promoting the strength of our state's great heritage and wish the council well in its third annual South Carolina Humanities Festival in Beaufort, South Carolina, January 27-29, 1995.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Humanities Council, Post Office Box 5287, Columbia, South Carolina 29250, and to the South Carolina Humanities Festival, Arts Council of Northern Beaufort County, Performing Arts Center, University of South Carolina at Beaufort, Beaufort, South Carolina 29902.

The Resolution was adopted.


Printed Page 572 . . . . . Thursday, January 26, 1995

HOUSE RESOLUTION

The following was introduced:

H. 3400 -- Rep. Rogers: A HOUSE RESOLUTION TO AMEND RULE 1.9 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE APPOINTMENT OF COMMITTEES BY THE SPEAKER, SO AS TO LIMIT THE TERM A CHAIRMAN AND SUBCOMMITTEE CHAIRMAN MAY SERVE TO SIX CONSECUTIVE YEARS.

The Resolution was ordered referred to the Committee on Rules.

INTRODUCTION OF BILLS

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 3401 -- Reps. Witherspoon, Quinn, Askins, Kennedy, Richardson, Riser, Fulmer, Lloyd, Kelley, Worley, Robinson, Keegan, Trotter, Koon, Rhoad, Gamble, Martin, Inabinett, Thomas, T. Brown, McTeer, Chamblee, Stoddard and Rice: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT BOATS AND MOTORS VALUED BELOW THE AMOUNT DETERMINED BY THE COUNTY AUDITOR NECESSARY TO GENERATE A TAX BILL EQUAL TO THE ACTUAL EXPENSES OF ASSESSING AND COLLECTING THE TAX.

Referred to Committee on Ways and Means.

H. 3402 -- Reps. Keyserling, Lloyd, Inabinett, Spearman, Tripp, Hines, Jennings, J. Harris, Byrd and Law: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.

Referred to Committee on Ways and Means.

H. 3403 -- Reps. Keyserling, Richardson, Tripp, S. Whipper, Lloyd, Inabinett, Wilder, Spearman, Scott, Rhoad, White, Byrd, Waldrop and


Printed Page 573 . . . . . Thursday, January 26, 1995

McTeer: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3404 -- Reps. McAbee, Quinn, Wright, Law, Cotty, Carnell, Harrison, P. Harris, Williams, Moody-Lawrence, Shissias, Hutson, Knotts and Baxley: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAXES, SO AS TO PROVIDE THAT THE MINIMUM ONE YEAR RESIDENCY REQUIREMENT MAY BE MET AT ANY POINT DURING THE FIRST YEAR THE EXEMPTION IS CLAIMED AND TO CLARIFY THAT THE EXEMPTION APPLICATION IS TIMELY FILED AT ANY TIME BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE TAX YEAR FOR WHICH THE EXEMPTION IS FIRST CLAIMED.

Referred to Committee on Ways and Means.

H. 3405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO DISQUALIFICATION AND SUSPENSION FROM PARTICIPATION IN CONTRACTS WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1772, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3406 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT NO OWNER OR LESSEE OF A NATURAL SWIMMING AREA USED ONLY BY GUESTS OF THE OWNER OR LESSEE MAY BE REQUIRED TO HAVE A LIFEGUARD PRESENT AT THE SWIMMING AREA.

Referred to Committee on Medical, Military, Public and Municipal Affairs.


Printed Page 574 . . . . . Thursday, January 26, 1995

H. 3407 -- Rep. McKay: A BILL TO PROVIDE THAT THE ANNUAL CITIZENS' MEETING OF FLORENCE COUNTY SCHOOL DISTRICT 4 TO CONSIDER THE BUDGET AND OTHER MATTERS MUST BE HELD ON OR BEFORE THE SECOND THURSDAY OF JUNE OF EACH YEAR RATHER THAN ON OR BEFORE THE FIFTEENTH DAY OF APRIL OF EACH YEAR.

On motion of Rep. McKAY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3408 -- Reps. Inabinett, Anderson, Lloyd, J. Brown, Scott, Chamblee, McMahand, Hines and Clyburn: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDINGS AND AREAS WHERE SMOKING IS PROHIBITED, SO AS TO PROHIBIT SMOKING IN BARBERSHOPS AND BEAUTY SALONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3409 -- Reps. Walker, Littlejohn, Allison, Wells, McCraw, Davenport, Lanford, Stoddard and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 IN CHAPTER 36 OF TITLE 12, THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO INCREASE THE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX PERCENT ON ITEMS NOT SUBJECT TO A MAXIMUM TAX AND TO PROVIDE FOR THE USE OF THE REVENUE; BY ADDING SECTION 59-20-35 SO AS TO PROVIDE FOR ANNUAL STATE APPROPRIATIONS SUFFICIENT TO INCREASE THE EFA FOUNDATION PROGRAM STATE SHARE TO EIGHTY PERCENT AND TO PAY ONE HUNDRED PERCENT OF SCHOOL DISTRICT DEFINED MINIMUM PLAN EMPLOYER CONTRIBUTIONS AND TO REIMBURSE SCHOOL DISTRICTS FOR REVENUE LOST AS A RESULT OF PROPERTY TAX EXEMPTIONS ALLOWED BY THIS ACT; BY ADDING SECTION 59-73-15 SO AS TO LIMIT INCREASES IN SCHOOL TAX MILLAGE LEVIED FOR OPERATING PURPOSES TO INCREASES IN THE CONSUMER PRICE INDEX, REQUIRE SCHOOL DISTRICTS TO REPORT THE MILLAGE LIMITATION AND PROPERTY TAXES COLLECTED TO THE DIVISION OF RESEARCH AND STATISTICAL SERVICES, AND AUTHORIZE THE DIVISION TO ASSIST DISTRICTS WITH THE CALCULATIONS; BY ADDING SECTION 12-37-257 SO AS TO EXEMPT


Printed Page 575 . . . . . Thursday, January 26, 1995

OWNER-OCCUPIED RESIDENTIAL REAL PROPERTY FROM ALL SCHOOL TAXES EXCEPT SCHOOL TAXES LEVIED FOR BONDED INDEBTEDNESS PURPOSES AND LEASE-PURCHASE PAYMENTS, TO PROVIDE THAT THIS EXEMPTION MAY NOT BE AMENDED OR REPEALED EXCEPT BY A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY, AND TO EXEMPT FROM ALL PROPERTY TAX TWO THOUSAND FIVE HUNDRED DOLLARS OF THE VALUE OF A MOTOR VEHICLE.

Referred to Committee on Ways and Means.

H. 3410 -- Reps. McAbee, Townsend, Stille, Jennings, Hutson, J. Harris and Riser: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR COUNTY VETERANS AFFAIRS OFFICERS.

Referred to Committee on Education and Public Works.

ROLL CALL

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.
Canty            Carnell          Cato
Cave             Chamblee         Clyburn
Cobb-Hunter      Cooper           Cotty
Cromer           Dantzler         Davenport
Delleney         Easterday        Fair
Felder           Fleming          Fulmer
Gamble           Govan            Hallman
Harrell          Harris, J.       Harris, P.
Harrison         Harvin           Harwell
Herdklotz        Hodges           Howard
Huff             Hutson           Inabinett
Jaskwhich        Jennings         Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Limbaugh         Limehouse        Littlejohn


Printed Page 576 . . . . . Thursday, January 26, 1995

Lloyd            Marchbanks       Martin
Mason            McAbee           McCraw
McElveen         McKay            McMahand
McTeer           Meacham          Moody-Lawrence
Neal             Neilson          Phillips
Quinn            Rhoad            Rice
Riser            Robinson         Rogers
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stuart           Thomas           Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, L.      Whipper, S.
White            Wilder           Wilkes
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, January 26. David H. Wilkins Jesse E. Hines Larry L. Elliott Ronald P. Townsend Bradley D. Cain Alma W. Byrd

Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence for the day due to being in Federal Court.

The SPEAKER granted Rep. LAW a leave of absence due to the death of his father.


Printed Page 577 . . . . . Thursday, January 26, 1995

RETURNED TO THE SENATE WITH AMENDMENTS

The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.

S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: A BILL 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.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3366 -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, Delleney and McCraw: A BILL 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.

H. 3370 -- Rep. Askins: A BILL 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.

H. 3370--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ASKINS, with unanimous consent, it was ordered that H. 3370 be read the third time tomorrow.

H. 3361--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.


Printed Page 578 . . . . . Thursday, January 26, 1995

POINT OF ORDER

Rep. HUFF 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 three legislative days.

The SPEAKER sustained the Point of Order.

H. 3320--RECALLED AND REFERRED TO THE COMMITTEE

ON AGRICULTURE, NATURAL RESOURCES AND

ENVIRONMENTAL AFFAIRS

On motion of Rep. HARRISON, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

H. 3281--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND


Printed Page 579 . . . . . Thursday, January 26, 1995

PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

Rep. HUFF moved to adjourn debate upon the Joint Resolution until Tuesday, January 31, which was adopted.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. HUFF.

Rep. BOAN moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 10:30 A.M. the House in accordance with the motion of Rep. HUFF adjourned in memory of Mr. Norris S. Law of Moncks Corner, to meet at 10:00 A.M. tomorrow.

* * *


| Printed Page 560, Jan. 25 | Printed Page 580, Jan. 27 |

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