Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 1280, Feb. 29 | Printed Page 1300, Mar. 5 |

Printed Page 1290 . . . . . Tuesday, March 5, 1996

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1909
Promulgated By Department of Labor, Licensing and Regulation Commissioners of Pilotage
Port of Port Royal: Apprenticeship Selection Process; Pilot and Apprentice Age Limits
Received By Speaker February 29, 1996
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date June 28, 1996 (Subject to Sine Die Revision)

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 28, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Reappointment, State Ethics Commission, with term to commence June 30, 1996, and to expire June 30, 2001:

At-Large:

Mr. Richard Vance Davis, 117 Hialeah Road, Greenville, S.C. 29607

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 28, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:

Initial Appointment, Prisoner of War Commission, with term to commence July 1, 1995, and to expire July 1, 1999:


Printed Page 1291 . . . . . Tuesday, March 5, 1996

1st Congressional District:

Mr. Charles E. Youngblood, 1572 Bay Tree Lane, Myrtle Beach, S.C. 29575-5254 VICE Jacob E. Smart

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 29, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 597:

S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

HOUSE RESOLUTION

The following was introduced:

H. 4695 -- Reps. Simrill, Delleney, Kirsh, Meacham, McCraw and Moody-Lawrence: A HOUSE RESOLUTION COMMENDING DR. JERRY H. PADGETT, THE RETIRING DEAN OF THE SCHOOL OF BUSINESS ADMINISTRATION AT WINTHROP UNIVERSITY, FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO WINTHROP, YORK COUNTY, AND THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4696 -- Reps. G. Brown and Sheheen: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE


Printed Page 1292 . . . . . Tuesday, March 5, 1996

MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF DR. ROY JEFFERSON JOHNSON OF CAMDEN, SOUTH CAROLINA, UPON HIS DEATH.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4697 -- Rep. Lanford: A CONCURRENT RESOLUTION DESIGNATING BUBBAFEST `96 AND ITS BUBBA-Q COOKOFF CONTEST IN WOODRUFF IN SPARTANBURG COUNTY AS THE KCBS STATE OF SOUTH CAROLINA CHAMPIONSHIP BARBEQUE FOR 1996.

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. 1206 -- Senators Washington, Matthews, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY ACCOMPLISHMENTS OF MR. ERNEST HENDERSON, SR., TRAINING INSTRUCTOR FOR THE TUSKEGEE AIRMEN.

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

INTRODUCTION OF BILLS

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

H. 4698 -- Reps. Wilkes and D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-761 SO AS TO PROHIBIT THE SHOOTING OR HUNTING OF BIG GAME FROM ANY PUBLIC, PAVED ROAD IN


Printed Page 1293 . . . . . Tuesday, March 5, 1996

GAME ZONES 1, 2, AND 4, PROVIDE FOR PENALTIES AND EXEMPTIONS, AND PROVIDE FOR RELATED MATTERS; AND TO REPEAL SECTION 50-11-760, RELATING TO HUNTING OF ALL GAME FROM CERTAIN PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY AND PENALTIES.

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

H. 4699 -- Reps. Stuart, Wilkins and Harrison: A BILL TO AMEND SECTION 12-37-251, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM SCHOOL OPERATING TAXES AND ROLLBACK MILLAGE LIMITATIONS, SO AS TO DEFINE "ROLLBACK MILLAGE".

Rep. STUART asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. ROBINSON objected.

Referred to Committee on Judiciary.

S. 917 -- Senators Wilson, Lander, Hayes, Reese, Elliott, Alexander and Setzler: A BILL TO AMEND SECTION 56-3-1820, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR NATIONAL GUARD MEMBERS, SO AS TO ELIMINATE THE THIRTY DOLLAR BIENNIAL FEE.

Referred to Committee on Education and Public Works.

S. 1094 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO REVISE THE PRECINCT LINES FOR GRAY COURT AND WOODVILLE PRECINCTS.

Referred to Laurens Delegation.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows:

Allison              Anderson             Baxley
Boan                 Breeland             Brown, H.
Brown, J.            Brown, T.            Byrd

Printed Page 1294 . . . . . Tuesday, March 5, 1996

Carnell              Cato                 Cave
Chamblee             Clyburn              Cobb-Hunter
Cooper               Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Felder               Fleming
Fulmer               Gamble               Govan
Hallman              Harrell              Harris, J.
Harris, P.           Haskins              Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Keegan               Kelley               Kennedy
Keyserling           Kinon                Kirsh
Klauber              Knotts               Koon
Law                  Lee                  Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Mason                McAbee
McCraw               McMahand             McTeer
Meacham              Moody-Lawrence       Neal
Neilson              Phillips             Rhoad
Rice                 Richardson           Riser
Robinson             Rogers               Sandifer
Scott                Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, R.            Stille               Stuart
Thomas               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whipper, L.          White                Wilder
Wilkes               Wilkins              Williams
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday, March 5. Bradley D. Cain James H. Harrison Doug Smith Woodrow M. McKay Molly M. Spearman George H. Bailey Eugene C. Stoddard Joseph T. McElveen, Jr. Grady A. Brown L. Hunter Limbaugh Larry L. Elliott C. Alex Harvin III

Printed Page 1295 . . . . . Tuesday, March 5, 1996

Ralph W. Canty                     Jackson S. Whipper
Steve P. Lanford                   Douglas Jennings, Jr.
Richard M. Quinn, Jr.              L. Morgan Martin

Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. ASKINS a leave of absence for the day.

The SPEAKER granted Rep. WHATLEY a leave of absence for the day.

The SPEAKER granted Rep. LANFORD a temporary leave of absence.

DOCTOR OF THE DAY

Announcement was made that Dr. Francois Xavier Merrien of Switzerland is the Doctor of the Day for the General Assembly.

H. 4600--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 4600

GENERAL APPROPRIATION BILL

Rep. H. BROWN proposed the following Amendment No. 1A (Doc Name P:\amend\JIC\5356HTC.96), which was adopted.

Amend the amendment offered by Reps. H. Brown and Wilkins, document number P:\AMEND\DKA\3570HTC.96, designated amendment number 234, as and if amended, in Section 59-73-35, as contained in subsection B, by adding a new subsection at the end of the Code section to read:

/(H) For purposes of this section, `governing body authorized by law to levy school taxes' does not include the General Assembly."/

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.


Printed Page 1296 . . . . . Tuesday, March 5, 1996

Rep. H. BROWN proposed the following Amendment No. 2A (Doc Name P:\amend\GJK\22439SD.96), which was tabled.

Amend the bill, as and if amended, Part II, SECTION 24, page 521, by adding a new subsection to be appropriately lettered immediately following subsection (B) of Section 59-144-100 of the 1976 Code which begins on line 30 to read:

/( ) The first seventy million dollars of funds made available under this chapter for fiscal year 1996-97 shall be used in accordance with the provisions of subsections (A) and (B) above. Funds in excess of seventy million dollars shall be distributed on a one-time basis during fiscal year 1996-97 for the following purposes in this priority order:

(1) $3,000,000 must be distributed to the Governor's School for the Arts;

(2) $5,000,000 must be distributed to the Governor's School for Math and Science; and

(3) $3,000,000 must be distributed to the several multi-district career centers of this State on a per pupil basis./

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

Rep. H. BROWN continued speaking.

Rep. SPEARMAN spoke against the amendment and moved to table the amendment.

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

Yeas 84; Nays 24

Those who voted in the affirmative are:

Allison              Anderson             Bailey
Boan                 Breeland             Byrd
Cain                 Carnell              Cato
Cave                 Cobb-Hunter          Cotty
Cromer               Dantzler             Davenport
Delleney             Elliott              Felder
Fleming              Fulmer               Gamble
Govan                Hallman              Harrell
Harvin               Hines, M.            Hodges
Hutson               Inabinett            Keegan
Kelley               Kennedy              Keyserling
Kinon                Kirsh                Klauber

Printed Page 1297 . . . . . Tuesday, March 5, 1996

Knotts               Koon                 Law
Lee                  Limbaugh             Littlejohn
Lloyd                Loftis               Mason
McCraw               McElveen             McKay
McMahand             McTeer               Meacham
Moody-Lawrence       Neal                 Phillips
Rhoad                Richardson           Riser
Robinson             Rogers               Sandifer
Scott                Seithel              Sheheen
Shissias             Simrill              Smith, D.
Spearman             Stoddard             Stuart
Thomas               Tripp                Trotter
Tucker               Vaughn               Waldrop
Walker               White                Wilder
Wilkes               Witherspoon          Wofford
Wright               Young                Young-Brickell

Total--84

Those who voted in the negative are:

Baxley               Brown, G.            Brown, H.
Chamblee             Cooper               Easterday
Harris, J.           Harris, P.           Harrison
Haskins              Herdklotz            Hines, J.
Limehouse            Marchbanks           McAbee
Neilson              Sharpe               Smith, R.
Stille               Townsend             Wells
Wilkins              Williams             Worley

Total--24

So, the amendment was tabled.

H. 4600--GENERAL APPROPRIATION BILL

STATEMENT FOR HOUSE JOURNAL

ABSTENTION FROM VOTING

BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:


Printed Page 1298 . . . . . Tuesday, March 5, 1996

Part II, Amendment Number(s) 2A

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. REX FONTAINE RICE

*********************************

Rep. H. BROWN proposed the following Amendment No. 3A (Doc Name P:\amend\dc.112), which was adopted.

Amend amendment #156, Part 1B, Section 17C - B & C Bd. - Budget & Analyses - paragraph 20, by striking /October 16/ and inserting /October 1/.

Renumber sections and amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 4A (Doc Name P:\amend\dc.111), which was adopted.

Amend amendment # 155, Part IB, Section 17C - B & C Bd. - Budget & Analyses - paragraph 19, Item 1 subitems A & B by striking /October 16/ and inserting /October 1/;

Amend further, paragraph 19, Items 2, 3, 4, and 5 by striking /October 16/ and inserting /October 1/;

Renumber sections and amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 6A (Doc Name P:\amend\cj.91), which was adopted.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 177, line 17, opposite /Allocation EIA-Parent Support/ by increasing the amount(s) in Column 5 by:


Printed Page 1299 . . . . . Tuesday, March 5, 1996

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .200,000

. . . . .( ). . . . .( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 178, line 9, opposite /Local School Innovation Funds/ by decreasing the amount(s) in Column 5 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .200,000

. . . . .( ). . . . .( )

Renumber sections and amend totals/title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 7A (Doc Name P:\amend\ta.ff1), which was adopted.

Amend the bill, as and if amended, Part IB, Section 18M, MUSC, page 429, Paragraph 6, line 40 by striking /$159,000/ and inserting the following:

/$232,000/

Renumber sections & amend totals/title to conform.

Rep. HALLMAN explained the amendment.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 5A (Doc Name P:\amend\CJ.92), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education-EIA, page 442, Paragraph 47, line 1, by reinserting:

/(SDE-EIA: XL:- Arts in Education) Funds appropriated in Part IA, Section 19X.L. Arts Curricula shall be used to assist districts that have not received funding for arts education during the four year pilot program; to sustain arts education initiatives that began during the final year of the pilot program; and to support arts education curriculum in the visual and performing arts which incorporates strengths from the Arts in Education pilot sites./

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

Rep. HARRELL spoke in favor of the amendment.

The amendment was then adopted.


| Printed Page 1280, Feb. 29 | Printed Page 1300, Mar. 5 |

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