Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1730, Mar. 15 | Printed Page 1750, Mar. 15 |

Printed Page 1740 . . . . . Wednesday, March 15, 1995

Rep. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Yeas 64; Nays 52

Those who voted in the affirmative are:

Allison          Bailey           Brown, H.
Cain             Cato             Chamblee
Cooper           Cotty            Dantzler
Davenport        Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Hallman
Harrell          Harwell          Haskins
Herdklotz        Hutson           Jaskwhich
Keegan           Kelley           Kinon
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            Meacham          Quinn
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Thomas
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, J.

Total--64

Those who voted in the negative are:

Anderson         Askins           Beatty
Boan             Breeland         Brown, J.
Brown, T.        Byrd             Canty
Carnell          Cave             Clyburn
Cobb-Hunter      Cromer           Delleney
Govan            Harris, J.       Harris, P.
Hines            Hodges           Howard
Inabinett        Kennedy          Keyserling
Kirsh            Lloyd            Martin
McCraw           McElveen         McMahand


Printed Page 1741 . . . . . Wednesday, March 15, 1995

McTeer           Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Rogers           Scott            Sheheen
Spearman         Stille           Stoddard
Stuart           Townsend         Tucker
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Williams
Worley

Total--52

So, the motion to reconsider was agreed to.

LEAVE OF ABSENCE

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

OBJECTION TO RECALL

Rep. WALKER asked unanimous consent to recall H. 3263 from the Committee on Ways and Means.

Rep. ROGERS objected.

S. 445--RECALLED FROM THE COMMITTEE ON

EDUCATION AND PUBLIC WORKS

On motion of Rep. STODDARD, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Education and Public Works.

S. 445 -- Senators O'Dell and Waldrep: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SECTION OF HIGHWAY 76-178 FROM BELTON TO HONEA PATH IN ANDERSON COUNTY IN HONOR OF ERNEST A. BURRISS.

R. 14; H. 3218--GOVERNOR'S VETO OVERRIDDEN

The veto on the following Act was taken up.

(R14) H. 3218 -- Rep. Askins: AN ACT TO AUTHORIZE THE FORMER BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY ORGANIZATION LOCATED IN FLORENCE COUNTY TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION; AND TO DELAY THE


Printed Page 1742 . . . . . Wednesday, March 15, 1995

EFFECTIVE DATE BY TWO YEARS FOR CERTAIN PROVISIONS OF THIS ACT.

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 3; Nays 0

Those who voted in the affirmative are:

Askins           Hines            Limbaugh

Total--3

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.

H. 3205--SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

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

H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.


Printed Page 1743 . . . . . Wednesday, March 15, 1995

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.

Rep. SHEHEEN moved that the House do now adjourn.

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

Yeas 24; Nays 73

Those who voted in the affirmative are:

Anderson         Boan             Breeland
Brown, G.        Carnell          Clyburn
Cobb-Hunter      Harris, P.       Hodges
Inabinett        Lloyd            McAbee
McTeer           Moody-Lawrence   Phillips
Rhoad            Rogers           Sheheen
Stille           Waldrop          Whipper, L.
Whipper, S.      Wilkes           Williams

Total--24



Printed Page 1744 . . . . . Wednesday, March 15, 1995

Those who voted in the negative are:
Allison          Baxley           Brown, H.
Brown, J.        Byrd             Cain
Cato             Chamblee         Cotty
Cromer           Davenport        Delleney
Easterday        Elliott          Fair
Felder           Fleming          Gamble
Hallman          Harrell          Harris, J.
Herdklotz        Howard           Hutson
Jaskwhich        Jennings         Keegan
Kelley           Keyserling       Kinon
Kirsh            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McMahand
Meacham          Quinn            Rice
Richardson       Riser            Robinson
Sandifer         Seithel          Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stuart
Thomas           Townsend         Tripp
Trotter          Tucker           Vaughn
Walker           Wells            Whatley
Wilder           Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, J.

Total--73

So, the House refused to adjourn.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. FLEMING.

H. 3115--DEBATE ADJOURNED

Rep. FLEMING moved to adjourn debate upon the following Bill until Thursday, March 16, which was adopted.

H. 3115 -- Reps. Shissias, Gamble, Neilson, Baxley, Allison, Elliott, Stuart and Knotts: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,


Printed Page 1745 . . . . . Wednesday, March 15, 1995

RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO ORDER PARTIES IN A DIVORCE ACTION TO ATTEND THE PARENT AND CHILD TRANSITIONS PROGRAM, AN EDUCATIONAL PROGRAM CONDUCTED BY THE DEPARTMENT OF ALCOHOL AND OTHER DRUG ABUSE SERVICES ON THE EFFECTS OF DIVORCE ON CHILDREN; AND TO ADD SECTION 44-49-90 SO AS TO DIRECT THE DEPARTMENT TO DEVELOP AND IMPLEMENT THIS PROGRAM AND TO AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR THE PROGRAM.

H. 3647--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3647 -- Ways and Means Committee: A BILL TO SUSPEND THE LIMITATION ON GENERAL FUND APPROPRIATIONS PROVIDED PURSUANT TO SECTION 11-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, BEGINNING WITH APPROPRIATIONS FOR FISCAL YEAR 1995-96, TO PROVIDE FOR THE USE OF THE ADDITIONAL REVENUE FOR PROPERTY TAX RELIEF AND FOR THE CONTINUED SUSPENSION OF THE LIMITATION UNTIL SUFFICIENT RECURRING REVENUES ARE AVAILABLE FOR THE STATE PROPERTY TAX RELIEF FUND TO REPLACE OPERATING PROPERTY TAX REVENUES ON OWNER-OCCUPIED RESIDENTIAL PROPERTY, AND TO PROVIDE FOR THE REINSTATEMENT OF THE LIMITATION WHEN THESE RECURRING REVENUES ARE AVAILABLE.

Rep. CARNELL moved to adjourn debate upon the Bill until Tuesday, March 21.

Rep. SIMRILL moved to table the motion, which was agreed to by a division vote of 44 to 29.

Reps. FELDER and H. BROWN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5634HTC.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 and inserting:

/SECTION 1. Section 11-11-140 of the 1976 Code, as last amended by Section 7, Part II, Act 497 of 1994, is further amended by adding at the end:


Printed Page 1746 . . . . . Wednesday, March 15, 1995

"(F) Notwithstanding the provisions of subsection (D), appropriations from surplus may not be expended before the Comptroller General's closing of the books on the fiscal year in which the surplus occurred. The surplus in this subsection, that is the calculated set-aside as defined in this section, after reduction by way of transfer to the general fund of such amount as necessary to offset any recognized budget shortfall for the fiscal year in which the set-aside surplus occurred, is appropriated for deposit in the State Property Tax Relief Fund. After the first year that the State Property Tax Relief Fund is fully funded, the procedure in subsection (D) must be applied."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. FELDER explained the amendment.

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

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

Yeas 55; Nays 61

Those who voted in the affirmative are:

Anderson         Askins           Beatty
Boan             Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Canty            Carnell          Cave
Clyburn          Cobb-Hunter      Cromer
Govan            Harris, J.       Harris, P.
Hines            Hodges           Howard
Inabinett        Jaskwhich        Kennedy
Keyserling       Kirsh            Lanford
Lloyd            McAbee           McCraw
McElveen         McMahand         McTeer
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Rogers
Scott            Sheheen          Shissias
Spearman         Stille           Stoddard
Stuart           Townsend         Tucker
Waldrop          Whipper, L.      Whipper, S.


Printed Page 1747 . . . . . Wednesday, March 15, 1995

White            Wilder           Wilkes
Worley

Total--55

Those who voted in the negative are:

Allison          Baxley           Brown, H.
Cain             Cato             Chamblee
Cooper           Cotty            Dantzler
Davenport        Delleney         Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Hallman          Harrell          Haskins
Herdklotz        Hutson           Jennings
Keegan           Kelley           Kinon
Klauber          Knotts           Koon
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Martin
Mason            Meacham          Quinn
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Simrill          Smith, D.
Smith, R.        Thomas           Tripp
Trotter          Vaughn           Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Young, A.
Young, J.

Total--61

So, the House refused to table the amendment.

Rep. FELDER spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.


Printed Page 1748 . . . . . Wednesday, March 15, 1995

Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Yeas 64; Nays 52

Those who voted in the affirmative are:

Allison          Baxley           Brown, H.
Cain             Cato             Chamblee
Cooper           Cotty            Dantzler
Davenport        Delleney         Easterday
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Hallman          Harrell          Haskins
Herdklotz        Hutson           Jaskwhich
Jennings         Keegan           Kelley
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Martin           Mason            Meacham
Quinn            Rice             Richardson
Riser            Robinson         Sandifer
Seithel          Sharpe           Simrill
Smith, R.        Stuart           Thomas
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, J.

Total--64

Those who voted in the negative are:

Anderson         Askins           Beatty
Boan             Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Canty            Carnell          Cave
Clyburn          Cobb-Hunter      Cromer
Govan            Harris, J.       Harris, P.
Hines            Hodges           Howard
Inabinett        Kennedy          Keyserling
Kinon            Kirsh            Lloyd
McAbee           McCraw           McElveen


Printed Page 1749 . . . . . Wednesday, March 15, 1995

McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Rogers           Scott
Sheheen          Shissias         Spearman
Stille           Townsend         Tucker
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Williams
Worley

Total--52

So, the amendment was adopted.

Reps. CARNELL and WILKES spoke against the Bill.

Rep. McTEER moved to continue the Bill.

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

Yeas 53; Nays 63

Those who voted in the affirmative are:

Anderson         Askins           Beatty
Boan             Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Canty            Carnell          Cave
Clyburn          Cobb-Hunter      Cromer
Govan            Harris, J.       Harris, P.
Hines            Hodges           Howard
Inabinett        Kennedy          Keyserling
Kirsh            Lanford          Lloyd
McAbee           McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Phillips
Rhoad            Rogers           Scott
Sheheen          Shissias         Spearman
Stille           Stoddard         Stuart
Tucker           Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Williams         Worley

Total--53


Printed Page 1750 . . . . . Wednesday, March 15, 1995

Those who voted in the negative are:
Allison          Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Dantzler         Davenport
Delleney         Easterday        Fair
Felder           Fleming          Fulmer
Gamble           Hallman          Harrell
Harrison         Haskins          Herdklotz
Hutson           Jaskwhich        Jennings
Keegan           Kelley           Kinon
Klauber          Knotts           Koon
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Mason
Meacham          Quinn            Rice
Richardson       Riser            Robinson
Sandifer         Seithel          Sharpe
Simrill          Smith, D.        Smith, R.
Thomas           Townsend         Tripp
Trotter          Vaughn           Waldrop
Walker           Wells            Whatley
Wilkins          Witherspoon      Wofford
Wright           Young, A.        Young, J.

Total--63

So, the House refused to continue the Bill.


| Printed Page 1730, Mar. 15 | Printed Page 1750, Mar. 15 |

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