South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

THURSDAY, JANUARY 26, 1995

Thursday, January 26, 1995
(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:

Father of our lives, we thank You for the light of Your countenance that makes bright with eternal splendor even drab days. Without that light, we walk in darkness; without Your leading, our boasted progress leads to futility and oblivion. In this day of opportunities and challenges, forbid that we should fail to see Your face or heed Your beckoning. Shatter our delusions, shine through our blindness, shame our selfishness. And through our shared blood, sweat and tears, make of us stalwart defenders of the things that made this Nation great, and that because of us Your truths go marching on. 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.

SILENT PRAYER

On motion of Rep. HUFF the House stood in silent prayer in memory of Mr. Norris S. Law of Moncks Corner, father of Rep. JAMES N. LAW.

MOTION ADOPTED

Rep. HUFF moved that when the House adjourns, it adjourn in memory of Mr. Norris S. Law of Moncks Corner, which was agreed to.

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

January 23, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the South Carolina Student Legislature, it is my pleasure to invite you and your House colleagues to attend the annual SCSL Legislative Reception. The reception will be held on Tuesday, February 21st from 12:00 until 2:00 P.M., in the Lower Lobby of the State House.

As has been the custom, members of the Student Legislature will share the bills they passed in the Fall Session with members of the House and Senate. In the past there have been cases of bills originating in the Student Legislature eventually being introduced and passed by the General Assembly.

I would be grateful if you would make your fellow Representatives aware of this invitation. Interaction with real life lawmakers and access to the legislative process are extremely beneficial to the members of the Student Legislature. Activities such as the Legislative Reception help mold the leaders on South Carolina's college campuses.

Thank you in advance for your prompt attention to this request. As always, I stand ready to assist you in any way. I look forward to seeing you in Columbia very soon.

With warm regards, I am,

Cordially,
Brian N. Benenhaley
Chief of Staff
South Carolina Student Legislature

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration.

Document No. 1826
Promulgated By Department of Health and Environmental Control: Coastal Council
Permitting in the Coastal Zone
Received By Speaker January 25, 1995
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 25, 1995

REPORT OF STANDING COMMITTEE

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Up-State, Mid-State, Lowcountry and Southern Piedmont Chapters of the Alzheimer's Association for South Carolina, for a coffee drop-in, February 23, 1995, 9:00 - 11:00 A.M., in the first floor lobby of the State House.

The invitation was accepted.

REPORTS OF STANDING COMMITTEES

Rep. KOON, from the Lexington Delegation, submitted a favorable report, on:

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.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3164 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Baxley, Lloyd and Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.

Ordered for consideration tomorrow.

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:

H. 3165 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Klauber, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Hines, Stuart, Baxley, Clyburn, Lloyd and Cotty: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.

Ordered for consideration tomorrow.

Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:

H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:

H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.

Ordered for consideration tomorrow.

Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:

H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3393 -- Rep. Law: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE FOOTBALL TEAM OF BERKELEY HIGH SCHOOL, COACHING STAFF, AND SCHOOL OFFICIALS, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE CLASS AAAA DIVISION II STATE FOOTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the football team of Berkeley High School, coaching staff, and school officials are extended the privilege of the floor of the House of Representatives, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the Class AAAA Division II state football championship.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3394 -- Reps. Vaughn and Allison: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GREER HIGH SCHOOL FOOTBALL TEAM, COACHING STAFF, AND SCHOOL OFFICIALS ON THURSDAY, FEBRUARY 2, 1995, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE CLASS AAA STATE CHAMPIONSHIP FOR 1994.

Be it resolved by the House of Representatives:

That the Greer High School football team, coaching staff, and school officials are extended the privilege of the floor of the House of Representatives on Thursday, February 2, 1995, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the Class AAA state championship for 1994.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3395 -- Reps. Vaughn and Allison: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREER HIGH SCHOOL YELLOW JACKETS VARSITY FOOTBALL TEAM, THEIR HEAD COACH, STUART HOLCOMBE, PRINCIPAL MARION WATERS, AND SCHOOL OFFICIALS FOR WINNING THE CLASS AAA STATE CHAMPIONSHIP FOR 1994 AND TO RECOGNIZE THE DEDICATION, DRIVE, AND HARD WORK OF THIS FINE TEAM OF FOOTBALL PLAYERS AND THEIR COACHES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3396 -- Reps. Govan, Felder, Cobb-Hunter, Sharpe and Stuart: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA STATE UNIVERSITY BULLDOG FOOTBALL TEAM FOR AN OUTSTANDING 1994 SEASON AND HERITAGE BOWL VICTORY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3397 -- Reps. Tucker and Elliott: A CONCURRENT RESOLUTION CONGRATULATING THOMAS BLAIR HERBERT OF ANDERSON ON BEING SELECTED TO ATTEND THE NATIONAL YOUNG LEADERS CONFERENCE IN WASHINGTON, D.C.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3398 -- Rep. Davenport: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO REMOVE THE STATE OF SOUTH CAROLINA FROM COVERAGE OF THE VOTING RIGHTS ACT OF 1965.

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

HOUSE RESOLUTION

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

H. 3399 -- Rep. Keyserling: A HOUSE RESOLUTION RECOGNIZING THE SIGNIFICANT CONTRIBUTIONS OF THE SOUTH CAROLINA HUMANITIES COUNCIL IN TEACHING AND PROMOTING THE STRENGTH OF OUR STATE'S GREAT HERITAGE AND WISHING THE COUNCIL WELL IN ITS THIRD ANNUAL SOUTH CAROLINA HUMANITIES FESTIVAL IN BEAUFORT, SOUTH CAROLINA, JANUARY 27-29, 1995.

Whereas, the South Carolina Humanities Council is holding its third annual South Carolina Humanities Festival in Beaufort, South Carolina, January 27-29, 1995; and

Whereas, the South Carolina Humanities Council has excelled in promoting individuals, organizations, and programs that educate our citizens about the strength of the Palmetto State's heritage; and

Whereas, the programs of the South Carolina Humanities Council help people make sense of their lives, their history, and their culture and promote a sense of community through civil discourse and reflection; and

Whereas, the theme of this festival is "South Carolina: Traditions in a Time of Transition," an inviting topic for a State rich in tradition and growing through transition; and

Whereas, the rich historical, linguistic, and cultural heritage of Beaufort provides a stimulating context for the discussion and dialogue taking place at this festival. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives, by this resolution, recognize the significant contributions of the South Carolina Humanities Council in teaching and promoting the strength of our state's great heritage and wish the council well in its third annual South Carolina Humanities Festival in Beaufort, South Carolina, January 27-29, 1995.

Be it further resolved that a copy of this resolution be forwarded to the South Carolina Humanities Council, Post Office Box 5287, Columbia, South Carolina 29250, and to the South Carolina Humanities Festival, Arts Council of Northern Beaufort County, Performing Arts Center, University of South Carolina at Beaufort, Beaufort, South Carolina 29902.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3400 -- Rep. Rogers: A HOUSE RESOLUTION TO AMEND RULE 1.9 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE APPOINTMENT OF COMMITTEES BY THE SPEAKER, SO AS TO LIMIT THE TERM A CHAIRMAN AND SUBCOMMITTEE CHAIRMAN MAY SERVE TO SIX CONSECUTIVE YEARS.

The 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. 3401 -- Reps. Witherspoon, Quinn, Askins, Kennedy, Richardson, Riser, Fulmer, Lloyd, Kelley, Worley, Robinson, Keegan, Trotter, Koon, Rhoad, Gamble, Martin, Inabinett, Thomas, T. Brown, McTeer, Chamblee, Stoddard and Rice: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT BOATS AND MOTORS VALUED BELOW THE AMOUNT DETERMINED BY THE COUNTY AUDITOR NECESSARY TO GENERATE A TAX BILL EQUAL TO THE ACTUAL EXPENSES OF ASSESSING AND COLLECTING THE TAX.

Referred to Committee on Ways and Means.

H. 3402 -- Reps. Keyserling, Lloyd, Inabinett, Spearman, Tripp, Hines, Jennings, J. Harris, Byrd and Law: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO EXCLUDE FROM THE DEFINITION FEES IMPOSED ON THE SALE OF MOTOR OIL, NEW TIRES, LEAD-ACID BATTERIES, AND WHITE GOODS PURSUANT TO THE SOUTH CAROLINA SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991.

Referred to Committee on Ways and Means.

H. 3403 -- Reps. Keyserling, Richardson, Tripp, S. Whipper, Lloyd, Inabinett, Wilder, Spearman, Scott, Rhoad, White, Byrd, Waldrop and McTeer: A BILL TO AMEND CHAPTER 5 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 SO AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM, AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS ARTICLE 1, CHAPTER 5 OF TITLE 24.

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

H. 3404 -- Reps. McAbee, Quinn, Wright, Law, Cotty, Carnell, Harrison, P. Harris, Williams, Moody-Lawrence, Shissias, Hutson, Knotts and Baxley: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAXES, SO AS TO PROVIDE THAT THE MINIMUM ONE YEAR RESIDENCY REQUIREMENT MAY BE MET AT ANY POINT DURING THE FIRST YEAR THE EXEMPTION IS CLAIMED AND TO CLARIFY THAT THE EXEMPTION APPLICATION IS TIMELY FILED AT ANY TIME BEFORE THE FIRST PENALTY DATE FOR TAXES FOR THE TAX YEAR FOR WHICH THE EXEMPTION IS FIRST CLAIMED.

Referred to Committee on Ways and Means.

H. 3405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO DISQUALIFICATION AND SUSPENSION FROM PARTICIPATION IN CONTRACTS WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1772, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3406 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-145 SO AS TO PROVIDE THAT NO OWNER OR LESSEE OF A NATURAL SWIMMING AREA USED ONLY BY GUESTS OF THE OWNER OR LESSEE MAY BE REQUIRED TO HAVE A LIFEGUARD PRESENT AT THE SWIMMING AREA.

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

H. 3407 -- Rep. McKay: A BILL TO PROVIDE THAT THE ANNUAL CITIZENS' MEETING OF FLORENCE COUNTY SCHOOL DISTRICT 4 TO CONSIDER THE BUDGET AND OTHER MATTERS MUST BE HELD ON OR BEFORE THE SECOND THURSDAY OF JUNE OF EACH YEAR RATHER THAN ON OR BEFORE THE FIFTEENTH DAY OF APRIL OF EACH YEAR.

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

H. 3408 -- Reps. Inabinett, Anderson, Lloyd, J. Brown, Scott, Chamblee, McMahand, Hines and Clyburn: A BILL TO AMEND SECTION 44-95-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUILDINGS AND AREAS WHERE SMOKING IS PROHIBITED, SO AS TO PROHIBIT SMOKING IN BARBERSHOPS AND BEAUTY SALONS.

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

H. 3409 -- Reps. Walker, Littlejohn, Allison, Wells, McCraw, Davenport, Lanford, Stoddard and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 IN CHAPTER 36 OF TITLE 12, THE SOUTH CAROLINA SALES AND USE TAX ACT, SO AS TO INCREASE THE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX PERCENT ON ITEMS NOT SUBJECT TO A MAXIMUM TAX AND TO PROVIDE FOR THE USE OF THE REVENUE; BY ADDING SECTION 59-20-35 SO AS TO PROVIDE FOR ANNUAL STATE APPROPRIATIONS SUFFICIENT TO INCREASE THE EFA FOUNDATION PROGRAM STATE SHARE TO EIGHTY PERCENT AND TO PAY ONE HUNDRED PERCENT OF SCHOOL DISTRICT DEFINED MINIMUM PLAN EMPLOYER CONTRIBUTIONS AND TO REIMBURSE SCHOOL DISTRICTS FOR REVENUE LOST AS A RESULT OF PROPERTY TAX EXEMPTIONS ALLOWED BY THIS ACT; BY ADDING SECTION 59-73-15 SO AS TO LIMIT INCREASES IN SCHOOL TAX MILLAGE LEVIED FOR OPERATING PURPOSES TO INCREASES IN THE CONSUMER PRICE INDEX, REQUIRE SCHOOL DISTRICTS TO REPORT THE MILLAGE LIMITATION AND PROPERTY TAXES COLLECTED TO THE DIVISION OF RESEARCH AND STATISTICAL SERVICES, AND AUTHORIZE THE DIVISION TO ASSIST DISTRICTS WITH THE CALCULATIONS; BY ADDING SECTION 12-37-257 SO AS TO EXEMPT OWNER-OCCUPIED RESIDENTIAL REAL PROPERTY FROM ALL SCHOOL TAXES EXCEPT SCHOOL TAXES LEVIED FOR BONDED INDEBTEDNESS PURPOSES AND LEASE-PURCHASE PAYMENTS, TO PROVIDE THAT THIS EXEMPTION MAY NOT BE AMENDED OR REPEALED EXCEPT BY A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY, AND TO EXEMPT FROM ALL PROPERTY TAX TWO THOUSAND FIVE HUNDRED DOLLARS OF THE VALUE OF A MOTOR VEHICLE.

Referred to Committee on Ways and Means.

H. 3410 -- Reps. McAbee, Townsend, Stille, Jennings, Hutson, J. Harris and Riser: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 58 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES FOR COUNTY VETERANS AFFAIRS OFFICERS.

Referred to Committee on Education and Public Works.

ROLL CALL

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

Allison                Anderson               Askins
Bailey                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Canty                  Carnell                Cato
Cave                   Chamblee               Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Fair
Felder                 Fleming                Fulmer
Gamble                 Govan                  Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Harvin                 Harwell
Herdklotz              Hodges                 Howard
Huff                   Hutson                 Inabinett
Jaskwhich              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Limbaugh               Limehouse              Littlejohn
Lloyd                  Marchbanks             Martin
Mason                  McAbee                 McCraw
McElveen               McKay                  McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rogers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Thomas                 Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, J.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, January 26.

David H. Wilkins                  Jesse E. Hines
Larry L. Elliott                  Ronald P. Townsend
Bradley D. Cain                   Alma W. Byrd
Total Present--121

LEAVES OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence for the day due to being in Federal Court.

The SPEAKER granted Rep. LAW a leave of absence due to the death of his father.

RETURNED TO THE SENATE WITH AMENDMENTS

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

S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3366 -- Reps. Meacham, Kirsh, Simrill, Moody-Lawrence, Delleney and McCraw: A BILL TO CREATE THE REGISTRATION AND ELECTIONS COMMISSION FOR YORK COUNTY AND TO ABOLISH THE YORK COUNTY ELECTION COMMISSION AND THE BOARD OF REGISTRATION OF YORK COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

H. 3370 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO ELECTIONS FOR MEMBERS OF THE BOARD OF TRUSTEES FOR FLORENCE COUNTY SCHOOL DISTRICT 5, SO AS TO PROVIDE THAT THE BOARD RATHER THAN THE COMMISSIONERS OF ELECTION FOR FLORENCE COUNTY SHALL CONDUCT THE ELECTIONS AND TO PROVIDE THAT ANY MEMBER OF THE BOARD MUST RECUSE HIMSELF INVOLVING MATTERS PERTAINING TO HIS ELECTION.

H. 3370--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. ASKINS, with unanimous consent, it was ordered that H. 3370 be read the third time tomorrow.

H. 3361--POINT OF ORDER

The following Joint Resolution was taken up.

H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

POINT OF ORDER

Rep. HUFF made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for three legislative days.

The SPEAKER sustained the Point of Order.

H. 3320--RECALLED AND REFERRED TO THE COMMITTEE
ON AGRICULTURE, NATURAL RESOURCES AND
ENVIRONMENTAL AFFAIRS

On motion of Rep. HARRISON, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.

H. 3281--DEBATE ADJOURNED

The following Joint Resolution was taken up.

H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.

Rep. HUFF moved to adjourn debate upon the Joint Resolution until Tuesday, January 31, which was adopted.

MOTION PERIOD

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

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

ADJOURNMENT

At 10:30 A.M. the House in accordance with the motion of Rep. HUFF adjourned in memory of Mr. Norris S. Law of Moncks Corner, to meet at 10:00 A.M. tomorrow.

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