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 1050, Feb. 27 | Printed Page 1070, Feb. 28 |

Printed Page 1060 . . . . . Tuesday, February 27, 1996

So, the amendment was tabled.

Rep. TOWNSEND proposed the following Amendment No. 89 (Doc Name P:\amend\cj.5), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 176, line 10, opposite /Business Ed Partnership (H47)/ by increasing the amount(s) in Column 5 by:

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

/. . . . .108,189/

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

/. . . . .108,189/

Renumber sections and amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

Rep. R. SMITH moved to table the amendment.

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

Yeas 58; Nays 38

Those who voted in the affirmative are:

Brown, H.            Cato                 Cooper
Cotty                Cromer               Dantzler
Davenport            Delleney             Easterday
Felder               Fleming              Fulmer
Hallman              Harrell              Harrison
Haskins              Herdklotz            Hutson
Keegan               Kelley               Kinon
Kirsh                Knotts               Koon
Law                  Limbaugh             Limehouse
Littlejohn           Loftis               Marchbanks
Mason                McKay                Meacham
Quinn                Rice                 Richardson
Riser                Robinson             Seithel
Sharpe               Simrill              Smith, D.
Smith, R.            Stuart               Thomas
Tripp                Trotter              Vaughn
Walker               Wells                Whatley

Printed Page 1061 . . . . . Tuesday, February 27, 1996

Whipper, S.          Wilkins              Witherspoon
Wofford              Worley               Wright
Young-Brickell

Total--58

Those who voted in the negative are:

Bailey               Breeland             Byrd
Cain                 Cave                 Clyburn
Cobb-Hunter          Gamble               Govan
Harris, J.           Harvin               Hines, J.
Hines, M.            Howard               Inabinett
Jennings             Keyserling           Lee
Lloyd                McCraw               McTeer
Moody-Lawrence       Neal                 Neilson
Phillips             Rhoad                Rogers
Sandifer             Sheheen              Shissias
Spearman             Stille               Stoddard
Townsend             Tucker               White
Wilder               Wilkes               

Total--38

So, the amendment was tabled.

Section 19 as amended was adopted.

SECTION 34--ADOPTED

Debate was resumed on Section 34.

Section 34 was adopted.

SECTION 47--ADOPTED

Debate was resumed on Section 47.

Section 47 was adopted.

SECTION 50--ADOPTED

Debate was resumed on Section 50.

Section 50 was adopted.

SECTION 65--ADOPTED

Debate was resumed on Section 65.


Printed Page 1062 . . . . . Tuesday, February 27, 1996

Section 65 was adopted.

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

MOTION NOTED

Rep. FELDER moved to reconsider the vote whereby Amendment No. 60 was adopted in Section 3B, Part IA and the motion was noted.

MOTION NOTED

Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 3B, 6A, 11, 18A, 19, 34, 47, 50 and 65 were adopted and the motion was noted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4668 -- Reps. Spearman, Quinn, Wilkins, Wilkes, G. Brown, Kirsh, Sandifer, Inabinett, Scott, Allison, Walker, Waldrop, Stuart, Stille, Young-Brickell, Neal, Cromer, Shissias, Lloyd, Byrd, Baxley, J. Brown and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE LYNDON AMICK OF BATESBURG FOR WINNING THE DAYTONA USA 200 STOCK CAR RACE HELD ON FRIDAY, FEBRUARY 16, 1996, WHICH AT THE AGE OF EIGHTEEN MAKES HIM THE YOUNGEST DRIVER EVER TO WIN A NASCAR RACE AT DAYTONA.

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.


Printed Page 1063 . . . . . Tuesday, February 27, 1996

ADJOURNMENT

At 6:25 P.M. the House in accordance with the motion of Rep. J. YOUNG adjourned in memory of Charles B. Kubala of Sumter, to meet at 9:30 A.M. tomorrow.

* * *


Printed Page 1064 . . . . . Wednesday, February 28, 1996

Wednesday, February 28, 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:

Help us, good Lord, to so conduct ourselves this day as to be neither afraid of tomorrow and ashamed of yesterday, and give us the desire to heed the directions that God gives. Teach us that it is better to forgive and forget than to remember and resent. Cause us to see that difficulties are to make us better, not bitter; that no cloud is so dark but that there's a rainbow in it. God forbid that we should be so busy planning for a rainy day that we cannot see today's sunshine.

Keep us steadfast in the words of the Psalmist: "God is our Refuge and Strength." (Psalm 46:1a) 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. McMAHAND moved that when the House adjourns, it adjourn in memory of Reverend W.T. Rodden of Roebuck, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 27, 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. 1014:

S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE


Printed Page 1065 . . . . . Wednesday, February 28, 1996

H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 27, 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. 296:

S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.


Printed Page 1066 . . . . . Wednesday, February 28, 1996

CONCURRENT RESOLUTION

The following was introduced:

H. 4687 -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION CONGRATULATING CMI INDUSTRIES, INC., ON ITS CENTENNIAL CELEBRATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

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

INTRODUCTION OF BILLS

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

H. 4688 -- Reps. Fulmer, Limehouse, Whatley, Seithel, Hallman and Harrell: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT THE ASSESSED VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY NOT INCREASE MORE THAN AN AMOUNT EQUAL TO THE INCREASE IN THE COST OF LIVING SINCE THE LAST REASSESSMENT DATE, AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER'S SPOUSE, TO PROVIDE THAT WHEN THE PROPERTY IS TRANSFERRED THE PROPERTY MAY BE ASSESSED AT THE FAIR MARKET VALUE, TO PROVIDE THAT THE ASSESSED VALUE OF PROPERTY OWNED BY PERSONS ELIGIBLE FOR THE HOMESTEAD EXEMPTION MUST NOT INCREASE AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER'S SPOUSE, AND TO PROVIDE THAT THE ASSESSED VALUE OF


Printed Page 1067 . . . . . Wednesday, February 28, 1996

PROPERTY THAT HAS BEEN OWNED AND OCCUPIED BY THE SAME OWNER OR THE OWNER'S SPOUSE CONTINUOUSLY SINCE 1992 MAY NOT BE GREATER THAN ONE HUNDRED PERCENT HIGHER THAN THE ASSESSED VALUE OF THE PROPERTY IN 1992.

Referred to Committee on Ways and Means.

H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.

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

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT


Printed Page 1068 . . . . . Wednesday, February 28, 1996

COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

Referred to Committee on Judiciary.

S. 1102 -- Senator Holland: A BILL TO AMEND SECTION 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF AN ABSENTEE BALLOT APPLICANT, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE OATH; TO AMEND SECTION 7-15-385, RELATING TO THE MARKING OF ABSENTEE BALLOTS, SO AS TO PROVIDE THAT AN APPLICANT WHO CANNOT SIGN HIS NAME BECAUSE OF ILLITERACY OR A HANDICAP MAY INSTEAD MAKE HIS MARK; AND TO AMEND SECTION 7-15-420, RELATING TO RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE RETURN-ADDRESSED ENVELOPE.

Referred to Committee on Judiciary.

ROLL CALL

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

Allison              Anderson             Breeland
Brown, H.            Brown, J.            Brown, T.
Cain                 Cato                 Cave
Chamblee             Clyburn              Cooper
Cotty                Dantzler             Easterday
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, J.
Harrison             Haskins              Herdklotz
Hines, J.            Hines, M.            Hodges
Howard               Inabinett            Jennings
Keegan               Kelley               Kennedy
Kinon                Kirsh                Knotts
Koon                 Law                  Lee
Limbaugh             Limehouse            Littlejohn
Lloyd                Loftis               Marchbanks

Printed Page 1069 . . . . . Wednesday, February 28, 1996

Mason                McAbee               McCraw
McKay                McMahand             Meacham
Neilson              Phillips             Quinn
Rhoad                Richardson           Riser
Robinson             Rogers               Sandifer
Scott                Seithel              Sharpe
Sheheen              Shissias             Simrill
Smith, R.            Spearman             Stille
Stoddard             Stuart               Townsend
Trotter              Tucker               Vaughn
Waldrop              Walker               Wells
Whatley              Whipper, L.          Whipper, S.
White                Wilder               Wilkins
Witherspoon          Wofford              Worley

STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Wednesday, February 28. Annette Young-Brickell Patrick B. Harris Dewitt Williams Jerry N. Govan, Jr. Daniel L. Tripp Harry R. Askins Gilda Cobb-Hunter Joseph H. Neal William D. Keyserling F.G. Delleney, Jr. W. Jeffrey Young Doug Smith James S. Klauber L. Morgan Martin Marion P. Carnell George H. Bailey Bessie Moody-Lawrence Rex Fontaine Rice James L.M. Cromer, Jr. Timothy C. Wilkes Michael F. Jaskwhich David A. Wright Steve P. Lanford Grady A. Brown Douglas E. McTeer, Jr. Alma W. Byrd Larry L. Elliott Paula H. Thomas C. Alex Harvin III G. Ralph Davenport, Jr. John G. Felder Ralph W. Canty Joseph T. McElveen, Jr. William D. Boan Heyward G. Hutson

Total Present--122

LEAVES OF ABSENCE

The SPEAKER granted Rep. BAXLEY a leave of absence.


| Printed Page 1050, Feb. 27 | Printed Page 1070, Feb. 28 |

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