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

Page Finder Index

| Printed Page 1000, Feb. 26 | Printed Page 1020, Feb. 27 |

Printed Page 1010 . . . . . Monday, February 26, 1996

electronic medium in such format and form and in accordance with such technical standards as may be established by LPITR. LPITR may make any such information transmitted available through its network. Any report governed by the requirements of this proviso may be published in hard copy form if authorized by the Speaker of the House and the President Pro Tempore of the Senate./

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

The amendment was then adopted.

Rep. CROMER proposed the following Amendment No. 40 (Doc Name P:\amend\dc.26), which was adopted.

Amend the bill, as and if amended, Part IB, Section 72, Gen & Temp, page 498, paragraph 52, line 29 by striking /one hundred/ and inserting /fifty/

Amend the bill further, as and if amended, Part IB, Section 72, Gen & Temp, page 498, paragraph 52, line 29, after /agency./ by inserting: /agencies should include position titles for each of the top fifty travelers for each agency/

Amend the bill further, as and if amended, Part IB, Section 72, Gen & Temp, page 498, paragraph 52, line 31 after /amount./ by inserting: /agencies should include a brief summary of the type of out-of-state travel the agency incurs/

Renumber sections & amend totals/title to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

Reps. HODGES and QUINN proposed the following Amendment No. 41 (Doc Name P:\amend\bj.2), which was adopted.

Amend the bill, as and if amended, Part IB, Section 72, General/Fund, page 501, line 11, by adding an appropriately numbered paragraph to read:

/All state agencies or other entities existing by state law are required to file a report with the State Ethics Commission listing all contracts for public relations, communications, and legislative strategy services. This report shall include the terms, conditions, and amounts expended for these purposes and shall be submitted by June 30, 1997/

Renumber sections & amend totals/title to conform.


Printed Page 1011 . . . . . Monday, February 26, 1996

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. KIRSH moved to adjourn debate upon the section, which was adopted.

PART IA

SECTION 20--ADOPTED

Debate was resumed on Section 20.

Rep. LANFORD proposed the following Amendment No. 39 (Doc Name P:\amend\tr.1r), which was tabled.

Amend the bill, as and if amended, Part IA, Section 20, ETV, page 183, line 11, opposite /class.pos./ by increasing the amount(s) in Columns 5 & 6 by:

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

. . . . ./700,000. . . . .700,000/

Amend the bill further, as and if amended, Part IA, Section 20, ETV, page 183, line 26, opposite /Classif. Positions/ by increasing the amount(s) in Columns 5 & Column 6 by:

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

. . . . ./300,000. . . . .300,000/

Renumber sections and amend totals/title to conform.

Rep. LANFORD explained the amendment.

Rep. HALLMAN spoke against the amendment.

Rep. H. BROWN spoke against the amendment.

Rep. SHEHEEN spoke against the amendment.

Rep. LANFORD spoke in favor of the amendment.

Reps. H. BROWN and SHEHEEN spoke against the amendment.

Rep. HALLMAN moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Yeas 72; Nays 23

Those who voted in the affirmative are:

Anderson             Bailey               Breeland
Brown, J.            Byrd                 Cain
Cato                 Clyburn              Cobb-Hunter
Cotty                Cromer               Dantzler

Printed Page 1012 . . . . . Monday, February 26, 1996

Delleney             Easterday            Felder
Fleming              Fulmer               Gamble
Govan                Hallman              Harrell
Harrison             Haskins              Hines, J.
Hines, M.            Hodges               Howard
Hutson               Jennings             Keegan
Kelley               Kinon                Kirsh
Knotts               Koon                 Law
Lee                  Limbaugh             Limehouse
Loftis               Marchbanks           Mason
McCraw               McKay                McMahand
Neilson              Quinn                Rhoad
Rice                 Riser                Robinson
Rogers               Sandifer             Scott
Seithel              Sharpe               Sheheen
Shissias             Smith, R.            Spearman
Stuart               Tripp                Tucker
Vaughn               Whatley              Whipper, L.
Wilkins              Witherspoon          Wofford
Worley               Wright               Young-Brickell

Total--72

Those who voted in the negative are:

Allison              Askins               Brown, H.
Canty                Jaskwhich            Keyserling
Klauber              Lanford              Littlejohn
Lloyd                McElveen             Meacham
Neal                 Phillips             Richardson
Simrill              Smith, D.            Stille
Stoddard             Wells                White
Wilder               Young                

Total--23

So, the amendment was tabled.

Section 20 was adopted.


Printed Page 1013 . . . . . Monday, February 26, 1996

PART IB

SECTION 17C--DEBATE ADJOURNED

Debate was resumed on Section 17C.

Rep. SHEHEEN proposed the following Amendment No. 57 (Doc Name P:\amend\DC.3).

Amend the bill, as and if amended, Part IB, Section 17C, B&C Bd-Budget & Analyses, page 420, Paragraph 20, line 14 by striking paragraph 20 in its entirety and inserting the following:

/17C.20 Effective on the first pay date that occurs on or after January 1, of the current fiscal year, judicial employees shall receive base pay increases in the following manner:

A. For those Judicial Department employees whose annualized salary is equal to or less than $50,000, funding shall be provided to award an annual average 4% increase./

B. For those Judicial Department employees whose annualized salary is greater than $50,000, funding shall be provided to award an annualized increase of $2,000.

Renumber sections & amend totals/title to conform.

Rep. SHEHEEN explained the amendment.

Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.

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

MOTION NOTED

Rep. HARRISON moved to reconsider the vote whereby Amendment No. 61 was adopted in Section 18M, Part IB and the motion was noted.

MOTION NOTED

Rep. HODGES moved to reconsider the vote whereby Amendment No. 39 was tabled in Section 20, Part IA and the motion was noted.

MOTION NOTED

Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 3A, 3C, 3D, 3E, 3F, 3G, 4A, 4B, 5, 6B, 6C, 6D, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17A, 17B, 17C, 17D, 17E, 17F, 17G, 18B, 18C,


Printed Page 1014 . . . . . Monday, February 26, 1996

18D, 18E, 18F, 18G, 18H, 18J, 18KA, 18KB, 18KC, 18KD, 18KE, 18KF, 18KG, 18KH, 18L, 18MA, 18MB, 18MC, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 51, 52, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 66, 67, 68A, 68B, 69, Part IB, Sections 1, 1A, 2, 2A, 4A, 5, 8, 9, 10, 12, 15, 16, 17A, 17B, 17D, 17E, 17F, 17G, 18B, 18C, 18K, 18M, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 54, 56, 59, 60, 61, 62, 63, 65, 68A and 69 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.

ADJOURNMENT

At 7:03 P.M. the House in accordance with the motion of Rep. HODGES adjourned in memory of Marion O. Boan, father of Rep. BILLY BOAN, of Kershaw, to meet at 9:30 A.M. tomorrow.

* * *


Printed Page 1015 . . . . . Tuesday, February 27, 1996

Tuesday, February 27, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Father God, in these days of budget deliberations, we need Your wisdom and Your help for we are men and women of different interests and temperaments - in the midst of so much pressure from so many people all around. Forbid that we should be quick to criticize, make us slow to speak in condemning others, keep us thankful for the devotion and dedication of our colleagues. And may our services be generous, gentle and good enough, above all else, to be pleasing to our Heavenly Father.

Enable us each day to say with the Psalmist: "For the Lord is good, His mercy is everlasting, and His truth endures to all generations." (Psalm 100:5) 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. J. YOUNG moved that when the House adjourns, it adjourn in memory of Charles B. Kubala of Sumter, which was agreed to.

SILENT PRAYER

On motion of Rep. J. YOUNG, the House stood in silent prayer in memory of Charles B. Kubala, Sergeant of the Sumter County Sheriffs office.


Printed Page 1016 . . . . . Tuesday, February 27, 1996

H. 4667--RECONSIDERED AND REFERRED TO

INVITATIONS COMMITTEE

Rep. KLAUBER moved to reconsider the vote whereby the following House Resolution was adopted, which was agreed to.

H. 4667 -- Rep. Wilkins: A HOUSE RESOLUTION TO GRANT SPECIAL LEAVE OF THE HOUSE OF REPRESENTATIVES TO ADMIT ASSISTANTS TO THE MAJORITY AND MINORITY LEADERS AND THE STAFF DIRECTOR OF THE LEGISLATIVE BLACK CAUCUS TO THE FLOOR OF THE HOUSE DURING THE 1996 REGULAR SESSION OF THE GENERAL ASSEMBLY AND DURING ANY SPECIAL SESSION WHICH MAY BE CALLED IN 1996.

Rep. KLAUBER moved to refer the Resolution to the Invitations Committee, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4680 -- Reps. Marchbanks, Rice, Robinson, Trotter, Cain, Chamblee and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. TULA LOUISE ODOM EDWARDS, WIFE OF ROBERT COOK EDWARDS, FORMER PRESIDENT OF CLEMSON UNIVERSITY, ON THE OCCASION OF THE CELEBRATION OF HER EIGHTIETH BIRTHDAY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR HER SERVICE TO THE STATE AND TO CLEMSON UNIVERSITY.

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

INTRODUCTION OF BILLS

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

H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20


Printed Page 1017 . . . . . Tuesday, February 27, 1996

OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.

Referred to Committee on Ways and Means.

H. 4682 -- Reps. Quinn, Wright, Haskins, Riser and Tripp: A BILL TO AMEND SECTION 44-93-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO EIGHT DOLLARS A TON; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT NO ADDITIONAL FEES MAY BE CREDITED TO THE FUND BUT THAT EXISTING FEES MUST BE RETAINED FOR THE PURPOSES OF THE FUND AND TO DELETE PROVISIONS REQUIRING REVENUE IN THE FUND IN EXCESS OF FIVE MILLION DOLLARS TO BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 44-93-210, RELATING TO THE AMOUNT OF INFECTIOUS WASTE THAT MAY BE BURNED BY A FACILITY, SO AS TO PROHIBIT A FACILITY FROM BURNING MORE THAN THREE THOUSAND TONS DURING A MONTH; TO REPEAL SECTION 44-93-180, RELATING TO LOCATING INSPECTORS AT COMMERCIAL INFECTIOUS WASTE TREATMENT FACILITIES AND ESTABLISHING A FEE SCHEDULE TO PAY FOR THE INSPECTORS; AND TO REPEAL SECTION 44-93-200, RELATING TO THE EXEMPTION FROM FEES FOR GENERATORS TREATING THEIR OWN INFECTIOUS WASTE.

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

H. 4683 -- Reps. Kelley, Keegan, Tripp, Mason, Rice, Littlejohn, Sandifer, Limehouse, Haskins, Whatley, Cooper, Askins, Meacham, J. Young, Chamblee, Stille, Wright, Gamble, Shissias, Young-Brickell,


Printed Page 1018 . . . . . Tuesday, February 27, 1996

Riser, J. Harris, Witherspoon, Koon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-890 SO AS TO MAKE IT UNLAWFUL TO CONSUME OR POSSESS BEER, WINE, OR ALCOHOLIC LIQUOR IN AN ESTABLISHMENT PROVIDING ENTERTAINMENT AND TO WHICH ENTRY IS OBTAINED BY PAYING AN ADMISSION CHARGE UNLESS THE ESTABLISHMENT IS PERMITTED OR LICENSED FOR THE ON-PREMISES CONSUMPTION OF THESE BEVERAGES, TO MAKE IT UNLAWFUL FOR ANY PERSON CHARGED WITH THE MANAGEMENT OF SUCH AN ESTABLISHMENT TO ALLOW THESE BEVERAGES TO BE BROUGHT ONTO THE PREMISES OF AN UNPERMITTED OR UNLICENSED ESTABLISHMENT, AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 4684 -- Reps. Felder and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT LOCALLY IMPOSED REAL PROPERTY TRANSFER FEES EXCEPT WHERE SPECIFICALLY AUTHORIZED BY GENERAL LAW AND PROVIDE PHASE-OUT PROCEDURES.

Referred to Committee on Judiciary.

H. 4685 -- Rep. Sharpe: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".

Referred to Committee on Labor, Commerce and Industry.

H. 4686 -- Rep. Hodges: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND


Printed Page 1019 . . . . . Tuesday, February 27, 1996

TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Allison              Anderson             Askins
Breeland             Brown, H.            Brown, J.
Cain                 Cato                 Chamblee
Clyburn              Cooper               Cromer
Dantzler             Delleney             Easterday
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harrison             Haskins              Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Hutson               Inabinett
Keegan               Kelley               Kennedy
Kinon                Kirsh                Klauber
Knotts               Koon                 Lanford
Law                  Lee                  Limbaugh
Littlejohn           Lloyd                Loftis
Marchbanks           Mason                McAbee
McCraw               McElveen             McKay
McMahand             Meacham              Moody-Lawrence
Neal                 Neilson              Phillips
Quinn                Rhoad                Rice
Richardson           Riser                Robinson
Rogers               Sandifer             Scott
Seithel              Sharpe               Simrill
Smith, D.            Smith, R.            Spearman
Stille               Stoddard             Stuart
Thomas               Townsend             Tripp
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          White
Wilder               Wilkes               Wilkins
Williams             Witherspoon          Wofford
Worley               Wright               Young
Young-Brickell       

| Printed Page 1000, Feb. 26 | Printed Page 1020, Feb. 27 |

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