South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

THURSDAY, MARCH 17, 1994

Thursday, March 17, 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:

O God our Father, we thank You for these quiet moments of prayer. Make us to know that wisdom may come in silence as in speaking, in waiting as in working, in walking as in running. Cause us to know that the race is not always to the swift, but to those who keep on running. May none of our days be wasted, no session here routine, no effort devoid of meaning, no task without significance. Make our minds be receptive to Your truths, our wills obedient to Your will.

And to You, Lord God, we offer our praise and thanksgiving. 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. HOLT moved that when the House adjourns, it adjourn in memory of Miner W. Crosby, which was agreed to.

R. 331; H. 4459--GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 16, 1994
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4459, R-331, an Act:
TO AMEND ACT 445 OF 1947, AS AMENDED, THE SUPPLY BILL FOR HAMPTON COUNTY FOR FISCAL YEAR 1947-48, SO AS TO INCREASE THE SIZE OF THE BOARD OF DIRECTORS OF THE HAMPTON GENERAL HOSPITAL FROM FIVE TO NINE MEMBERS AND TO REVISE AND DELETE OBSOLETE REFERENCES.
This veto is based upon an opinion of the Attorney General's Office dated March 14, 1994. The opinion states:

The act bearing ratification number 331 of 1994 amends Section 25 of Act No. 445 of 1947, as amended, to increase the number of directors of The Hampton General Hospital from five to nine and to otherwise revise and delete obsolete references in the 1947 act. A review of the 1947 act and R-331 reveals that only Hampton County is subject of these acts. Thus, H. 4459, R-331 of 1994 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4459, R-331 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
Therefore, for the above reasons, I am returning H. 4459, R-331 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 1; Nays 0

Those who voted in the affirmative are:
McTeer

Total--1

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

CONCURRENT RESOLUTION

The following was introduced:

H. 4924 -- Reps. Thomas, Snow and Kennedy: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MAJOR SPENCER GUERRY, GEORGETOWN DEPUTY CHIEF OF POLICE, AND EXTENDING DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

HOUSE RESOLUTION

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

H. 4925 -- Rep. J. Harris: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE LADY PANTHERS VOLLEYBALL TEAM OF MCBEE HIGH SCHOOL IN CHESTERFIELD COUNTY AND TO THE FFA SOIL IDENTIFICATION AND LAND TREATMENT TEAM ALSO OF MCBEE HIGH SCHOOL, AND TO THE TEAMS' RESPECTIVE COACH AND ADVISOR AND SCHOOL OFFICIALS, ON WEDNESDAY, MARCH 30, 1994, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED FOR CERTAIN HONORS RECENTLY WON BY THE TEAMS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Lady Panthers volleyball team of McBee High School in Chesterfield County and to the FFA Soil Identification and Land Treatment Team, also of McBee High School, and to the teams' respective coach and advisor and school officials on Wednesday, March 30, 1994, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated for certain honors recently won by the teams.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4926 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE FFA SOIL IDENTIFICATION AND LAND TREATMENT TEAM OF MCBEE HIGH SCHOOL IN CHESTERFIELD COUNTY AND THE TEAM'S ADVISOR, MR. PAT EARLE, ON PLACING FIRST IN THE ANNUAL SOUTH CAROLINA FFA SOIL IDENTIFICATION AND LAND TREATMENT CONTEST.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4927 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE LADY PANTHERS VOLLEYBALL TEAM OF MCBEE HIGH SCHOOL IN CHESTERFIELD COUNTY AND THE TEAM'S COACH, MS. LAURIE ROBERTS, ON WINNING THEIR FIFTH CONSECUTIVE CLASS A STATE CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4928 -- Reps. Kinon and Harwell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF SOUTH CAROLINA HIGHWAY S-17-45 AS "LESTER JACKSON HIGHWAY".

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4929 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE REVEREND ROBERT EARL DENNIS FOR HIS TWENTY-FIVE YEARS OF OUTSTANDING AND DEDICATED SERVICE AS PASTOR OF CEDAR GROVE BAPTIST CHURCH IN GREENVILLE COUNTY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4930 -- Reps. Davenport, Wilkes, Witherspoon, Harrelson, Stone, G. Brown, Hallman, Spearman, T.C. Alexander, Corning, McKay, Riser, Thomas, Kelley, Stille, Walker, R. Smith, Baker, Wofford, Littlejohn, Gamble, Cato, Robinson, Kirsh, Graham, Waites, Anderson and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO CALL A CONVENTION TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION TO PROHIBIT THE FEDERAL GOVERNMENT FROM INCREASING COSTS OF THE STATES BY REDUCING THE PROPORTION OF FEDERAL FUNDS TO THE STATES OR REQUIRING NEW OR INCREASED COSTS FOR MANDATED ACTIVITIES OR SERVICES WITHOUT FUNDING.

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

CONCURRENT RESOLUTION

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

H. 4931 -- Reps. Corning, Shissias, Harrison and Quinn: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING APRIL 17, 1994, AS BABYNET RECOGNITION WEEK AND APRIL 20, 1994, AS BABYNET AWARENESS DAY.

Whereas, BabyNet, as mandated by federal law, is recognized as South Carolina's interagency collaborative for coordinating services for children birth through three who are at risk of a permanent handicap condition; and

Whereas, BabyNet identifies the needs of children who have a developmental delay or a physical impairment. This early identification allows preventative measures to be taken through early intervention services to bring them to their maximum potential as useful and productive citizens who can live independently in our society; and

Whereas, BabyNet is family centered and individually designed to promote cooperation between parents and professionals. It addresses the needs of South Carolina's disproportionate number of low birthweight babies and babies born to teenaged mothers whose children are at increased risk of a permanent disability; and

Whereas, BabyNet can prevent the future need of extensive care for the identified child and may save tax dollars which would be used in institutional care or disability support in the child's adult life; and

Whereas, the desirable results of early intervention as provided by BabyNet clearly has been demonstrated by the gain made by the children who have been served, and whose parents, teachers, and physicians can testify to the effectiveness of these services as a cost-effective use of money. The lasting results of developmental delay is minimized with early identification and appropriate intervention; and

Whereas, the full funding of services will complete South Carolina's commitment to the program for early intervention, BabyNet, which will be matched with additional federal funds in the amount of 1.7 million dollars; and

Whereas, April 20, 1994, parents of children with special needs will sponsor a meeting to meet with their legislators. Now, therefore,

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

That the members of the General Assembly designate the week beginning April 17, 1994, as BabyNet Recognition Week and April 20, 1994, as BabyNet Awareness Day.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4932 -- Reps. Jaskwhich, Phillips, Allison, Farr, Wright, Keegan, Kelley, Stille, Littlejohn, Byrd, Anderson, McMahand and Stuart: A CONCURRENT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF MANDATORY FULL-DAY PUBLIC KINDERGARTENS IN SOUTH CAROLINA, TO PROVIDE THAT THE MEMBERSHIP OF THE COMMITTEE SHALL BE APPOINTED BY THE STATE DEPARTMENT OF EDUCATION AND SHALL INCLUDE REPRESENTATIVES OF CERTAIN PUBLIC AND PRIVATE AGENCIES AND ENTITIES, AND TO PROVIDE THAT THE COMMITTEE SHALL REPORT ITS FINDINGS TO THE RESPECTIVE EDUCATION COMMITTEES OF THE GENERAL ASSEMBLY BY MARCH 1, 1995.

The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 4933 -- Reps. Jaskwhich, Kelley, Stuart, Harrison, Haskins, McMahand, Mattos, Phillips, Farr, Vaughn, Allison, Clyborne, Cato, M.O. Alexander, Askins, Kennedy, Fair, Baker, Huff and D. Wilder: A CONCURRENT RESOLUTION INVITING MS. DODIE BURNS MAGILL OF GREENVILLE COUNTY, SOUTH CAROLINA'S TEACHER OF THE YEAR, TO ADDRESS A JOINT SESSION OF THE GENERAL ASSEMBLY ON WEDNESDAY, MARCH 23, 1994, IN THE HALL OF THE HOUSE OF REPRESENTATIVES.

The Concurrent 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. 4934 -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-612 SO AS TO CREATE THE OFFENSE OF DOMESTIC ASSAULT AND DOMESTIC ASSAULT AND BATTERY; TO AMEND ARTICLE 1, CHAPTER 25, TITLE 16, RELATING TO CRIMINAL DOMESTIC VIOLENCE, SO AS TO REVISE THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER"; TO AUTHORIZE THE COURT TO ORDER SPECIALIZED COUNSELING TO REVISE PENALTIES; TO AMEND SECTION 20-4-20, RELATING TO DEFINITIONS IN THE PROTECTION FROM DOMESTIC ABUSE ACT, SO AS TO REVISE THE DEFINITION OF "FAMILY OR HOUSEHOLD MEMBER"; TO AMEND SECTION 20-4-70, RELATING TO DURATION OF ORDERS, SO AS TO AUTHORIZE THE INDEFINITE DURATION OF A PROTECTIVE ORDER; TO AMEND SECTION 20-4-100, RELATING TO THE RESPONSIBILITIES OF LAW ENFORCEMENT IN DOMESTIC ABUSE MATTERS, SO AS TO CLARIFY THE DUTIES; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER SPECIALIZED COUNSELING IN CASES OF DOMESTIC ABUSE AND TO ORDER THAT THE RESPONDENT PAY FOR THE COUNSELING IF ABLE TO DO SO.

Referred to Committee on Judiciary.

H. 4935 -- Reps. Witherspoon, Riser, Snow, Worley, Sharpe and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO EXEMPT "AGRICULTURAL FACILITY" AND "AGRICULTURAL OPERATION" FROM ZONING AND DEVELOPMENT STANDARD ORDINANCES ENACTED BY COUNTIES AND MUNICIPALITIES AND TO PROVIDE FOR THIS SECTION NOT TO APPLY TO BUILDINGS DESIGNED FOR PUBLIC ACCESS.

Referred to Committee on Judiciary.

H. 4936 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-935 SO AS TO PROVIDE FOR THE DEPRECIATION OF MERCHANTS' FURNITURE, FIXTURES, AND EQUIPMENT FOR AD VALOREM TAX VALUATION PURPOSES.

Referred to Committee on Ways and Means.

H. 4937 -- Reps. Fair, Vaughn, Haskins, Cato, Jaskwhich, McMahand, M.O. Alexander, Wilkins, Anderson, Baker, Mattos, Clyborne and Stoddard: A BILL TO AUTHORIZE THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY TO RECEIVE AN ANNUAL SALARY SET BY THE BOARD BY RESOLUTION AND TO PROVIDE THAT ANY INCREASE MAY NOT TAKE EFFECT UNTIL AFTER THE NEXT REGULARLY SCHEDULED ELECTION FOR TRUSTEES.

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

H. 4938 -- Reps. Simrill and Wofford: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUNISHMENT FOR MURDER, SO AS TO REQUIRE THE TRIAL JUDGE TO EXPLAIN TO A JURY IMPANELED TO RENDER A VERDICT IN THE CASE THAT A DEFENDANT RECEIVING A SENTENCE OF LIFE IMPRISONMENT IS ELIGIBLE FOR PAROLE AFTER SERVING EITHER TWENTY OR THIRTY YEARS, DEPENDING ON THE CIRCUMSTANCES OF THE CASE.

Referred to Committee on Judiciary.

H. 4939 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 20-7-1440, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT FEES, SO AS TO AUTHORIZE RATHER THAN REQUIRE THE COURT TO ASSESS A FEE AGAINST A DEFENDANT IN CHILD ABUSE AND NEGLECT CASES AND TO EXEMPT INDIGENT DEFENDANTS.

Referred to Committee on Judiciary.

H. 4940 -- Rep. Rogers: A BILL TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT CERTAIN JUVENILE OFFENDERS MUST NOT BE COMMITTED TO A DEPARTMENT OF JUVENILE JUSTICE CORRECTIONAL INSTITUTION OR TO A SECURE EVALUATION CENTER OPERATED BY THE DEPARTMENT, SO AS TO MAKE THE PROHIBITION PROVIDED BY THIS SECTION APPLICABLE TO CHILDREN FOUND IN CONTEMPT OF COURT FOR VIOLATION OF A COURT ORDER RELATED TO CERTAIN MISCONDUCT OR VIOLATIONS OF LAW.

Referred to Committee on Judiciary.

H. 4941 -- Reps. Robinson, Stone, Marchbanks, Govan, Littlejohn, Mattos, Corning, Allison, Sturkie, J. Wilder, Simrill, Law, Wofford, Wright, Sharpe, Harrell, Huff, Wells, Haskins, Riser, Jaskwhich and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1644 SO AS TO PROVIDE THAT LICENSED FOSTER FAMILY CARE PROVIDERS ARE NOT LIABLE FOR LOSSES RESULTING FROM ACTS MADE IN GOOD FAITH WITHIN THE SCOPE OF THEIR OBLIGATIONS AS FOSTER PARENTS; BY ADDING SECTION 43-1-90 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP AN INTERNAL REVIEW SYSTEM FOR CASES IN WHICH A CHILD KNOWN TO THE DEPARTMENT HAS DIED; BY ADDING SECTION 62-2-805 SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PARENT MAY NOT INHERIT FROM A DECEASED CHILD; TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO GOVERNMENTAL IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO PROVIDE IMMUNITY FOR LOSSES RESULTING FROM ACTS OR OMISSIONS WITHIN THE SCOPE OF DUTY OF THOSE PERSONS PERFORMING CHILD PROTECTIVE OR CHILD WELFARE RELATED FUNCTIONS; TO AMEND SECTION 15-78-170, RELATING TO ACTIONS OR CLAIMS FOR DEATH OF A PERSON AND THE DIVISION OF RECOVERY SO AS TO PROVIDE THAT ANYONE PRECLUDED FROM INHERITING FROM THE ESTATE OF A DECEASED CHILD MAY NOT ACT AS PERSONAL REPRESENTATIVE NOR BENEFIT FROM ANY PROCEEDING BASED ON INJURY TO OR DEATH OF THE CHILD; AND TO AMEND SECTION 62-3-203, AS AMENDED, RELATING TO PERSONS NOT QUALIFIED TO SERVE AS A PERSONAL REPRESENTATIVE SO AS TO INCLUDE PARENTS PRECLUDED FROM INHERITING FROM THE ESTATE OF THEIR DECEASED CHILD IN THE LEGAL CUSTODY OF THE STATE.

Referred to Committee on Judiciary.

H. 4942 -- Rep. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-377 SO AS TO PROVIDE FOR THE OFFENSE OF ATTEMPTING TO POSSESS OR PURCHASE A CONTROLLED OR IMITATION CONTROLLED SUBSTANCE AND FOR PENALTIES; TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE DEFINITION OF VIOLENT CRIME, SO AS TO INCLUDE AN ADDITIONAL SECTION PERTAINING TO DRUG TRAFFICKING; TO AMEND SECTION 16-19-130, RELATING TO THE CRIMES OF BETTING, POOL SELLING, AND BOOKMAKING, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 16-19-160, RELATING TO PUNCHBOARDS FOR GAMING, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 44-53-370, AS AMENDED, RELATING TO THE OFFENSES FOR TRAFFICKING IN CONTROLLED SUBSTANCES, SO AS TO PROVIDE ADDITIONAL PENALTIES FOR TRAFFICKING IN MARIJUANA; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO THE OFFENSES PERTAINING TO ICE, CRANK, AND CRACK COCAINE, SO AS TO DELETE THE OFFENSE FOR "ATTEMPTING TO POSSESS" THE DRUG AND REVISE THE PENALTIES; TO AMEND SECTION 44-53-391, RELATING TO DRUG PARAPHERNALIA, SO AS TO REVISE RELATED OFFENSES AND PENALTIES; AND TO AMEND SECTION 44-53-450, RELATING TO CONDITIONAL DISCHARGES FOR THE FIRST OFFENSE PERTAINING TO ILLEGAL DRUGS, SO AS TO INCLUDE AN ADDITIONAL OFFENSE TO WHICH THE DISCHARGE APPLIES AND CORRECT AN OBSOLETE REFERENCE.

Referred to Committee on Judiciary.

H. 4943 -- Reps. Cromer, Wells, Hutson, Clyborne, Wofford, A. Young, Hallman, Stone, Fulmer, Meacham, Allison, Simrill, Trotter, Witherspoon, Stuart, R. Smith, Marchbanks, Littlejohn, Walker, Robinson, Riser, Fair, H. Brown, Klauber and Keegan: A JOINT RESOLUTION TO LIMIT TO THIRTY-SIX MONTHS THE LENGTH OF TIME A FAMILY MAY RECEIVE AID TO FAMILIES WITH DEPENDENT CHILDREN BENEFITS AND TO PROVIDE AN EXCEPTION; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR A WAIVER TO IMPLEMENT THIS TIME LIMIT; TO DIRECT THE DEPARTMENT TO CONTRACT FOR A STUDY TO DETERMINE THE SAVINGS IN FUNDS DUE TO THIS LIMITATION AND TO DIRECT THAT SAVINGS REALIZED BY THIS LIMITATION MUST BE APPROPRIATED TO THE DEPARTMENT FOR ITS JOBS PROGRAM AS PROVIDED FOR IN THE GENERAL APPROPRIATIONS ACT.

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

H. 4944 -- Reps. McLeod, Inabinett, Stuart, Stoddard, Govan, Simrill, Shissias, Littlejohn, Allison, H. Brown, Sharpe, D. Wilder, G. Brown, McKay, Harwell, Hutson, Moody-Lawrence, Kelley, Rhoad, Stone, G. Bailey, Clyborne, Jaskwhich, Neilson, Davenport, Law, M.O. Alexander, Vaughn, Robinson, Whipper, Fulmer, Neal, Houck, Stille, Harrell, Richardson, Hallman, Waites, Keegan, Harvin, Breeland, Fair, Spearman and D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER SEVENTEEN YEARS OF AGE TO COMMIT A FELONY, TO ALSO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 4937--ORDERED TO BE READ SECOND TIME TOMORROW

On motion of Rep. FAIR, with unanimous consent, it was ordered that H. 4937 be read the second time tomorrow.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Carnell
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cooper                 Corning
Cromer                 Davenport              Delleney
Elliott                Fair                   Farr
Felder                 Fulmer                 Gamble
Gonzales               Govan                  Graham
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hines                  Hodges
Holt                   Huff                   Hutson
Inabinett              Jaskwhich              Jennings
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McLeod                 McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stoddard
Stone                  Stuart                 Thomas
Townsend               Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 17.

Thomas N. Rhoad                   William S. Houck, Jr.
C. Lenoir Sturkie                 C. Alex Harvin, III
Ralph W. Canty
Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a leave of absence.

STATEMENT OF ATTENDANCE

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 16.

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald Wilson of Columbia, is the Doctor of the Day for the General Assembly.

H. 4633--RECOMMITTED TO THE
WAYS AND MEANS COMMITTEE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 70, immediate cloture having been ordered.

H. 4633 -- Reps. Boan, Barber, Carnell, Cobb-Hunter, Felder, J. Harris, P. Harris, Holt, Kinon, Kirsh, McAbee, McCraw, McKay, McTeer, Mattos, Quinn, Rogers, Delleney, Phillips and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-257 SO AS TO ESTABLISH AN ADDITIONAL HOMESTEAD EXEMPTION FROM SCHOOL TAXES IMPOSED FOR PURPOSES OTHER THAN CONSTRUCTION AND PROVIDE THAT THE EXEMPTION DOES NOT APPLY TO SCHOOL OPERATING TAXES LEVIED AFTER 1997, TO PHASE IN THE AMOUNT OF THE EXEMPTION, TO PROVIDE FOR THE METHOD OF REIMBURSEMENT OF REVENUES LOST BECAUSE OF THE EXEMPTION, AND TO PROVIDE THAT THE PROPERTY EXEMPT FROM SCHOOL TAXES PURSUANT TO THIS SECTION IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF THE CONSTITUTIONAL DEBT LIMIT AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE A SPENDING LIMITATION FOR COUNTIES, MUNICIPALITIES, AND SPECIAL PURPOSE AND PUBLIC SERVICE DISTRICTS AND AN AD VALOREM TAX REVENUE LIMITATION FOR SCHOOL DISTRICTS FOR FISCAL YEARS 1994-95 THROUGH 1997-98 AND PROVIDE EXCEPTIONS; TO AMEND SECTIONS 12-4-540, 12-37-10, 12-37-210, 12-37-730, 12-37-760, AND 12-37-780, RELATING TO THE POWERS OF THE DEPARTMENT OF REVENUE AND TAXATION WITH RESPECT TO PROPERTY TAXATION OF BUSINESS PROPERTY AND THE DUTIES AND POWERS OF COUNTY AUDITORS WITH RESPECT TO THE FILING OF PERSONAL PROPERTY TAX RETURNS, SO AS TO PROVIDE THAT ALL PERSONAL PROPERTY TAX RETURNS ARE FILED WITH THE DEPARTMENT OF REVENUE AND TAXATION, DELETE OBSOLETE PROVISIONS AND CONFORM EXISTING FILING REQUIREMENTS TO THESE CHANGES; TO AMEND SECTION 12-43-210, AS AMENDED, RELATING TO COUNTYWIDE REASSESSMENT PROGRAMS, SO AS TO REQUIRE SUCH PROGRAMS EVERY FIVE YEARS ON A SCHEDULE DETERMINED BY THE DEPARTMENT OF REVENUE AND TAXATION, AND PROVIDE FOR THE WITHHOLDING OF STATE AID TO SUBDIVISIONS' DISTRIBUTIONS TO COUNTIES FAILING TO COMPLY WITH THE SCHEDULE, TO REQUIRE THE DEPARTMENT TO DETERMINE PERSONNEL NEEDS OF COUNTY ASSESSORS AND REPORT ITS FINDINGS BY MAY 1, 1995, TO PROVIDE FOR AN INITIAL SCHEDULE OF REASSESSMENTS; TO PROVIDE THAT IF A COURT OF COMPETENT JURISDICTION VOIDS THE HOMESTEAD EXEMPTION ALLOWED BY THIS ACT, THEN THE SPENDING LIMITATIONS IMPOSED ON COUNTIES, MUNICIPALITIES, SPECIAL PURPOSE PUBLIC SERVICE DISTRICTS, AND SCHOOL DISTRICTS BY THIS ACT ARE SIMILARLY VOID, AND TO REPEAL SECTIONS 12-37-20, 12-37-750, 12-37-810, 12-37-820, 12-37-830, 12-37-850, 12-37-870, 12-37-910, 12-37-940, 12-37-1620, AND 12-37-2010, RELATING TO PERSONAL PROPERTY TAXES.

AMENDMENT NO. 70--TABLED

Debate was resumed on Amendment No. 70, which was proposed on Wednesday, March 16, by Rep. BOAN.

MOTION NOTED

Rep. GONZALES moved to reconsider the vote whereby Amendment No. 27 was tabled and the motion was noted.

MOTION NOTED

Rep. RICHARDSON moved to reconsider the vote whereby Amendment No. 69 was adopted and the motion was noted.

Rep. BOAN moved to table the amendment, which was agreed to.

AMENDMENT NO. 27--RECONSIDERED AND ADOPTED

The motion of Rep. GONZALES to reconsider the vote whereby Amendment No. 27 was tabled was taken up and agreed to.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 69--MOTION TO RECONSIDER TABLED

The motion of Rep. RICHARDSON to reconsider the vote whereby Amendment No. 69 was adopted was taken up.

Rep. FELDER moved to table the motion to reconsider.

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

Yeas 61; Nays 53

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Bailey, G.             Barber                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, J.              Byrd
Carnell                Cobb-Hunter            Delleney
Elliott                Farr                   Felder
Govan                  Harrelson              Harris, J.
Harris, P.             Harwell                Hines
Hodges                 Houck                  Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Koon                   Martin
Mattos                 McAbee                 McCraw
McElveen               McLeod                 McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rogers
Rudnick                Scott                  Sheheen
Snow                   Spearman               Stoddard
Thomas                 Tucker                 Waites
Waldrop                Whipper                White
Wilder, D.             Wilder, J.             Williams
Worley

Total--61

Those who voted in the negative are:

Allison                Bailey, J.             Baker
Brown, H.              Cato                   Chamblee
Clyborne               Cooper                 Corning
Cromer                 Davenport              Fair
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harrison               Haskins                Holt
Huff                   Hutson                 Keegan
Kelley                 Kirsh                  Klauber
Lanford                Law                    Littlejohn
Marchbanks             McKay                  Meacham
Richardson             Riser                  Robinson
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Stille
Stone                  Townsend               Trotter
Vaughn                 Walker                 Wilkins
Witherspoon            Wofford                Wright
Young, A.              Young, R.

Total--53

So, the motion to reconsider was tabled.

AMENDMENT NO. 13--ADOPTED

Debate was resumed on Amendment No. 13, which was proposed on Wednesday, March 2, by Rep. McABEE.

The amendment was then adopted.

Rep. CLYBORNE proposed the following Amendment No. 56 (Doc Name L:\council\legis\amend\GJK\20569SD.94), which was tabled.

Amend the bill, as and if amended, by adding SECTION 6 to read:

/SECTION     6.     The last paragraph of Section 12-4-540(A) of the 1976 Code, as added by Act 50 of 1991, is amended to read:

"In addition, the commission department has the sole responsibility for the appraisal, assessment, and equalization of the taxable values of all other the personal property of merchants."/

Amend the bill further, as and if amended, by adding SECTION 6A to read:

/SECTION     6A.     The penultimate paragraph of Section 12-37-930 of the 1976 Code is amended to read:

"In no event should the The original cost must not be reduced more than eighty percent for property tax years before 1995. For property tax year 1995 and thereafter, original cost must not be reduced below the amounts provided in the following schedule:

1995                                 nineteen and one-half percent

1996                                 eighteen percent

1997                                 seventeen percent

1998                                 sixteen percent

1999                                 fifteen percent

2000                                 fourteen percent

2001                                 thirteen percent

2002                                 twelve percent

2003                                 eleven percent

After 2003                         ten percent.

In the year of acquisition, depreciation shall be is allowed as if the property were owned for the full year. The term 'original cost' shall mean means gross capitalized cost as shown by the taxpayer's records for income tax purposes."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. CLYBORNE moved to table the amendment, which was agreed to.

Rep. FELDER moved to recommit the Bill to the Ways and Means Committee.

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

Yeas 44; Nays 68

Those who voted in the affirmative are:

Allison                Bailey, G.             Baker
Beatty                 Brown, H.              Cato
Chamblee               Clyborne               Corning
Davenport              Fair                   Fulmer
Gamble                 Gonzales               Hallman
Harrell                Harrison               Haskins
Huff                   Hutson                 Jaskwhich
Keegan                 Kelley                 Kirsh
Klauber                Law                    Littlejohn
Meacham                Moody-Lawrence         Riser
Rogers                 Sharpe                 Shissias
Simrill                Smith, R.              Stoddard
Stone                  Stuart                 Vaughn
Walker                 Witherspoon            Wofford
Wright                 Young, A.

Total--44

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Askins                 Bailey, J.             Barber
Baxley                 Boan                   Brown, G.
Byrd                   Carnell                Cobb-Hunter
Cromer                 Delleney               Elliott
Farr                   Felder                 Govan
Graham                 Harrelson              Harris, J.
Harris, P.             Harwell                Hines
Hodges                 Holt                   Houck
Inabinett              Jennings               Kennedy
Keyserling             Kinon                  Koon
Lanford                Marchbanks             Martin
Mattos                 McAbee                 McCraw
McElveen               McKay                  McLeod
McMahand               McTeer                 Neal
Neilson                Phillips               Richardson
Robinson               Rudnick                Scott
Sheheen                Snow                   Spearman
Stille                 Sturkie                Thomas
Townsend               Trotter                Tucker
Waites                 Waldrop                White
Wilder, D.             Wilder, J.             Wilkins
Williams               Worley

Total--68

So, the House refused to table the motion to recommit.

The question then recurred to the motion to recommit the Bill.

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

Yeas 69; Nays 49

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Anderson
Askins                 Bailey, G.             Bailey, J.
Baxley                 Boan                   Breeland
Brown, G.              Brown, J.              Byrd
Carnell                Cobb-Hunter            Cromer
Delleney               Elliott                Farr
Felder                 Govan                  Graham
Harrelson              Harris, J.             Harris, P.
Harvin                 Harwell                Hines
Hodges                 Holt                   Houck
Inabinett              Jennings               Kennedy
Keyserling             Kinon                  Marchbanks
Mattos                 McAbee                 McCraw
McElveen               McKay                  McLeod
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Richardson             Robinson               Rudnick
Scott                  Sheheen                Snow
Spearman               Stille                 Thomas
Townsend               Trotter                Tucker
Waites                 Waldrop                Whipper
White                  Wilder, D.             Wilder, J.
Wilkins                Williams               Young, R.

Total--69

Those who voted in the negative are:

Allison                Baker                  Barber
Beatty                 Brown, H.              Cato
Chamblee               Clyborne               Cooper
Corning                Davenport              Fair
Fulmer                 Gamble                 Gonzales
Hallman                Harrell                Harrison
Haskins                Huff                   Hutson
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Martin
Meacham                Riser                  Rogers
Sharpe                 Shissias               Simrill
Smith, R.              Stoddard               Stone
Stuart                 Sturkie                Vaughn
Walker                 Wilkes                 Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--49

So, the motion to recommit was agreed to.

RECORD FOR VOTING

I had a leave of absence when the vote to recommit H. 4633 was taken. Had I been present, I would have voted to recommit.

Rep. THOMAS N. RHOAD

Rep. G. BROWN moved that the House do now adjourn.

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

Yeas 11; Nays 95

Those who voted in the affirmative are:

Brown, G.              Fair                   Harvin
Hines                  Kennedy                Law
McLeod                 Sharpe                 Stoddard
Trotter                Williams

Total--11

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Baker                  Barber                 Baxley
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Carnell
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cooper                 Corning
Cromer                 Davenport              Delleney
Elliott                Farr                   Felder
Fulmer                 Gamble                 Gonzales
Govan                  Graham                 Harrell
Harris, J.             Harris, P.             Harrison
Haskins                Holt                   Houck
Huff                   Hutson                 Inabinett
Jennings               Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Lanford                Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Richardson             Riser
Robinson               Rudnick                Scott
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stone
Stuart                 Thomas                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Whipper
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Wofford                Worley
Wright                 Young, A.

Total--95

So, the House refused to adjourn.

LEAVE OF ABSENCE

The SPEAKER granted Rep. TROTTER a leave of absence.

H. 4819--ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4819 -- Ways and Means Committee: A JOINT RESOLUTION TO PROVIDE, FOR 1994 ONLY, NOTWITHSTANDING THE PROVISIONS OF SECTION 2-7-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, THAT STATE CAPITAL IMPROVEMENT BONDS MAY BE AUTHORIZED BY THE GENERAL ASSEMBLY ONLY FOR THE PURCHASE OF SCHOOL BUSES.

Rep. BOAN explained the Joint Resolution.

The Joint Resolution was read the second time and ordered to third reading.

H. 4819--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 4819 be read the third time tomorrow.

SPEAKER PRO TEMPORE IN CHAIR
MOTION ADOPTED

Rep. SHEHEEN moved the House go into Executive Session.

The yeas and nays were taken resulting as follows:

Yeas 93; Nays 18

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, G.
Bailey, J.             Barber                 Boan
Brown, G.              Brown, H.              Brown, J.
Byrd                   Canty                  Carnell
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cooper                 Corning
Cromer                 Delleney               Elliott
Fair                   Farr                   Felder
Gamble                 Govan                  Graham
Harrelson              Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Haskins                Hines                  Hodges
Holt                   Houck                  Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Kennedy                Keyserling
Kinon                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McKay                  McLeod
McMahand               McTeer                 Neilson
Phillips               Richardson             Riser
Robinson               Rudnick                Sharpe
Sheheen                Shissias               Smith, R.
Snow                   Spearman               Stille
Stone                  Stuart                 Sturkie
Townsend               Tucker                 Vaughn
Waites                 Walker                 Whipper
White                  Wilder, J.             Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--93

Those who voted in the negative are:

Baker                  Baxley                 Davenport
Fulmer                 Gonzales               Hallman
Harrell                Keegan                 Kelley
Kirsh                  Meacham                Moody-Lawrence
Simrill                Smith, D.              Thomas
Waldrop                Wilder, D.             Young, R.

Total--18

So, the motion that the House go into Executive Session was agreed to.

EXECUTIVE SESSION
THE EXECUTIVE SESSION RISES

On motion of Rep. FAIR, the House arose from Executive Session.

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

MOTION NOTED

Rep. COBB-HUNTER moved to reconsider the vote whereby H. 4633 was recommitted to Ways and Means Committee and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4829 -- Rep. J. Harris: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1994 SOUTH CAROLINA FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1994 FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE GENERAL ASSEMBLY TO BE HELD IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 27, 1994, AT 12:00 NOON, AND TO RECOGNIZE AND COMMEND THE 1994 SOUTH CAROLINA FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.

ADJOURNMENT

At 12:45 P.M. the House in accordance with the motion of Rep. HOLT adjourned in memory of Miner W. Crosby, to meet at 10:00 A.M. tomorrow.

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