Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 5930, May 11 | Printed Page 5950, May 12 |

Printed Page 5940 . . . . . Wednesday, May 11, 1994

H. 4911--SENATE AMENDMENTS AMENDED AND

RETURNED TO THE SENATE

The Senate amendments to the following Bill were taken up for consideration.

H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.

Rep. BOAN proposed the following Amendment No. 2, which was adopted.

Amend the bill, as and if amended, page 2, line 13, by striking /2,578,933/and inserting /3,978,933/; page 3, lines 28 and 29, by striking /2,500,000/ in both instances and insering /1,100,00/; page 3, line 34, by striking /1,085,806/ and inserting /1,100,000/.

Amend total and title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.

Further proceedings were interrupted by a Rules Committee Report.

H. 5207--ADOPTED

The following was introduced:

H. 5207 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H.4349, RELATING TO THE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE HOUSE OF REPRESENTATIVES ARE ELECTED COMMENCING WITH THE


Printed Page 5941 . . . . . Wednesday, May 11, 1994

1994 GENERAL ELECTION, FOR SECOND READING OR OTHER CONSIDERATION AT 11:00 A.M. ON THURSDAY, MAY 12, 1994, AND TO PROVIDE, FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR ON EACH SUBSEQUENT LEGISLATIVE DAY, FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H.4349 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That H.4349, relating to the election districts from which members of the House of Representatives are elected commencing with the 1994 general election, is set by special order for second reading or other consideration at 11:00 A.M. on Thursday, May 12, 1994, and to provide, following the call of the uncontested calendar on each subsequent legislative day, for the continuing special order consideration of H.4349 until third reading or other disposition.

Rep. McTEER explained the House Resolution.

The Resolution was adopted.

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

MOTION NOTED

Rep. MOODY-LAWRENCE moved to reconsider the vote whereby Senate amendments on H. 4691 were amended by Amendment No. 10 and the motion was noted.

MOTION NOTED

Rep. QUINN moved to reconsider the vote whereby Senate amendments on H. 4691 were amended by Amendment No. 8 and the motion was noted.

MOTION NOTED

Rep. KIRSH moved to reconsider the vote whereby S. 674 was given a second reading and the motion was noted.

MOTION NOTED

Rep. KIRSH moved to reconsider the vote whereby Amendment No. 3 was tabled on S. 674 and the motion was noted.


Printed Page 5942 . . . . . Wednesday, May 11, 1994

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 5160 -- Reps. T.C. Alexander and Graham: A CONCURRENT RESOLUTION SUPPORTING THE EFFORTS OF OCONEE COUNTY AND ITS OUTSTANDING CITIZENS TO BE DESIGNATED A "WORLD WAR II COMMEMORATIVE COMMUNITY" BY THE UNITED STATES DEPARTMENT OF DEFENSE.

ADJOURNMENT

At 3:15 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Charles Alexander Harvin, Jr., father of our colleague C. ALEX HARVIN, III, to meet at 10:00 A.M. tomorrow.

* * *


Printed Page 5943 . . . . . Thursday, May 12, 1994

Thursday, May 12, 1994

(Statewide 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 God, our unfailing Friend, our ever-present Help, and our everlasting Hope, give us the blessing daily that comes with the awareness of Your presence, the inflowing of Your peace, and an ever increasing sense of Your power. Forgive us when we allow the windows of our souls to become opaque by material ambition and personal pride. May Your will find fulfillment and fruition in and through us. Teach us to know that we are constantly before Your all-white purity with which nothing unclean can survive, and under the scrutiny of Your all-seeing eye.

We pray to our God Who is altogether holy and righteous. 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.

MOTION ADOPTED

Rep. TUCKER moved that when the House adjourns, it adjourn in memory of W.N. "Bill" Clinkscales, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 5208 -- Reps. Townsend, P. Harris, Chamblee, Cooper, Stille and Tucker: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF FORMER REPRESENTATIVE W.N. "BILL" CLINKSCALES OF BELTON, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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


Printed Page 5944 . . . . . Thursday, May 12, 1994

CONCURRENT RESOLUTION

The following was introduced:

H. 5209 -- Rep. Harrell: A CONCURRENT RESOLUTION CONGRATULATING MIDDLETON HIGH SCHOOL OF CHARLESTON ON WINNING THE STATE FINALS OF THE SOUTH CAROLINA BAR'S MOCK TRIAL COMPETITION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1395 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE GREENVILLE YOUNG MEN'S CHRISTIAN ASSOCIATION TO USE THE SENATE CHAMBER, THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AND ANY AVAILABLE COMMITTEE HEARING ROOMS IN THE LEGISLATIVE OFFICE BUILDINGS ON THURSDAY, DECEMBER 1, 1994, AND FRIDAY, DECEMBER 2, 1994, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.

Whereas, forty-two states have successful Youth in Government programs; and

Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and

Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and

Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs; and

Whereas, more than one thousand high school students in the State participated in the program's Model Legislature in 1993. Now, therefore, Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly authorize the Greenville Young Men's Christian Association to use the Senate Chamber and the Chamber of the House of Representatives, subject to the renovation of the State House and the upgrading of such temporary facility as the General Assembly may commission, and to use such hearing rooms as may be available in the legislative office buildings, on Thursday, December 1,


Printed Page 5945 . . . . . Thursday, May 12, 1994

1994, and Friday, December 2, 1994, to conduct a Youth in Government program.

Be it further resolved that the Offices of the Sergeant at Arms of the Senate and of the House of Representatives shall provide assistance and access as necessary for this meeting in accordance with applicable procedures, Rules of the Senate, and Rules of the House of Representatives.

Be it further resolved that a copy of this resolution be forwarded to Ms. Mary Capers Bledsoe, Executive Director, YMCA Youth in Government and the Honorable James R. Melton and the Honorable Mitchell G. Dorman, Sergeants at Arms of the Senate and House of Representatives, respectively.

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. 1398 -- Senator Setzler: A CONCURRENT RESOLUTION PROCLAIMING THE MONTH OF MAY AS "CERTIFIED INTERNAL AUDITOR MONTH".

Whereas, The Institute of Internal Auditors is an international professional association representing more than fifty thousand internal auditors in business, industry, government, and education in more than one hundred countries; and

Whereas, The Institute of Internal Auditors serves as the recognized authority on the internal auditing profession, provides comprehensive professional development activities and standards for the practice of internal auditing, and researches, disseminates, and promotes knowledge and information concerning internal auditing; and

Whereas, The Institute of Internal Auditors established the Certified Internal Auditor Program in December, 1972, to enhance the recognition of internal auditing and provide proper direction to internal auditors seeking to further their professional development and advancement; and

Whereas, more than twenty thousand Certified Internal Auditors have attained the attributes of a professional--a college education, internal auditing experience, continuing professional development, knowledge of the IIA's Standards for Professional Practice of Internal Auditing, and successful completion of the Certified Internal Auditor Examination; and


Printed Page 5946 . . . . . Thursday, May 12, 1994

Whereas, Certified Internal Auditors are members of a recognized professional group who benefit from greater acceptance in the role as advisor to management; and

Whereas, over fifty members of the Palmetto Chapter of the Institute of Internal Auditors have received the CIA designation; and

Whereas, the Institute is celebrating "Certified Internal Auditor Month" in May of this year. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the month of May is proclaimed as Certified Internal Auditor Month and citizens of this State are encouraged to join in congratulating and recognizing the more than twenty thousand Certified Internal Auditors who represent professionalism in the field of internal auditing.

Be it further resolved that a copy of this resolution be forwarded to Mr. Bill Ferguson, Internal Audit, South Carolina Department of Revenue and Taxation.

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. 5210 -- Reps. Lanford, Walker, Littlejohn, Davenport, Vaughn, D. Wilder and Beatty: A BILL TO DEVOLVE THE POWERS AND DUTIES OF THE COUNTY BOARD OF EDUCATION OF SPARTANBURG COUNTY UPON THE SEVEN BOARDS OF TRUSTEES OF THE LOCAL SCHOOL DISTRICTS OF THAT COUNTY, AND TO ABOLISH THE COUNTY BOARD; TO ESTABLISH THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, PROVIDE FOR ITS COMPOSITION AND CHAIRMAN, AND PROVIDE FOR ITS POWERS, FUNCTIONS, AND DUTIES; TO PROVIDE THAT EACH OF THE SEVEN BOARDS OF TRUSTEES OF SPARTANBURG COUNTY SHALL HAVE TOTAL FISCAL AUTONOMY AND THAT FUNDING DERIVED FROM MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED ANNUALLY TO EACH OF THE SEVEN SCHOOL DISTRICTS OF THE COUNTY BY THE COUNTY TREASURER'S OFFICE IN ACCORDANCE WITH THE FORMULA GUIDELINES AS DIRECTED BY THE OVERSIGHT COMMITTEE; AND TO REQUIRE THAT ALL ASSETS OF THE COUNTY BOARD OF EDUCATION OF


Printed Page 5947 . . . . . Thursday, May 12, 1994

SPARTANBURG COUNTY BE SOLD AND THE PROCEEDS FROM THE SALE DISTRIBUTED EQUALLY BASED ON AVERAGE DAILY ATTENDANCE IN EACH OF THE SEVEN SCHOOL DISTRICTS IN THE COUNTY.

RULE 5.12 WAIVED

Rep. LANFORD moved to waive Rule 5.12, which was agreed to by a division vote of 6 to 3.

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

S. 1134 -- Senators Greg Smith, Rose, Washington, Ford, Mescher, Glover, Short, Jackson, Waldrep, Richter, Mitchell, Patterson, Rankin, Hayes, Leatherman and Thomas: A BILL TO AMEND SECTION 12-27-270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE TAX ON GASOLINE SALES FOR STATE-OWNED SCHOOL BUSES AND OTHER PUPIL TRANSPORTATION PROGRAMS, AND SECTION 12-29-325, RELATING TO EXEMPTIONS FROM THE TAX ON FUEL, SO AS TO EXTEND THE EXEMPTION TO BUSES USED IN THE HEAD START PROGRAM.

Referred to Committee on Ways and Means.

H. 4070--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., May 12, 1994
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4070:
H. 4070 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 8-13-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS USED IN THE ETHICS, GOVERNMENT ACCOUNTABILITY, AND CAMPAIGN REFORM ACT OF 1991, SO AS TO PROVIDE THAT


Printed Page 5948 . . . . . Thursday, May 12, 1994

THE DEFINITION OF "CANDIDATE" ALSO MEANS A PERSON ON WHOSE BEHALF WRITE-IN VOTES ARE SOLICITED.
and asks for a Committee of Conference and has appointed Senators Moore, Stilwell and Washington of the Committee of Conference on the part of the Senate.

Very respectfully,
President

Whereupon, the Chair appointed Reps. WILKINS, HODGES and JENNINGS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 12, 1994
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. 443:
S. 443 -- Senators Richter, Rose, Giese and Reese: A BILL TO AMEND SECTION 30-4-40(a)(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN MATTERS DECLARED EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT INFORMATION CONTAINED IN PUBLIC DOCUMENTS OR RECORDS OF A PERSONAL NATURE MAY NOT BE DISCLOSED FOR COMMERCIAL SOLICITATION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.


Printed Page 5949 . . . . . Thursday, May 12, 1994

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 12, 1994
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 10:30 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. STODDARD the invitation was accepted.

ROLL CALL

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

Alexander, T.C.  Allison          Anderson
Askins           Bailey, J.       Baker
Barber           Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Cato             Chamblee
Clyborne         Cooper           Corning
Delleney         Fair             Farr
Fulmer           Gamble           Gonzales
Govan            Hallman          Harrell
Harrelson        Harris, J.       Harrison
Haskins          Hines            Hodges
Holt             Huff             Hutson
Inabinett        Jaskwhich        Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Lanford          Littlejohn       Marchbanks
Martin           McAbee           McCraw
McKay            McLeod           McMahand
McTeer           Meacham          Moody-Lawrence
Neilson          Phillips         Rhoad
Richardson       Riser            Robinson
Rogers           Rudnick          Scott
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Snow
Spearman         Stille           Stoddard
Stone            Stuart           Sturkie

Printed Page 5950 . . . . . Thursday, May 12, 1994

Thomas           Trotter          Tucker
Vaughn           Waldrop          Walker
Wells            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Young, A.


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