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.
Rep. HOLT moved that when the House adjourns, it adjourn in memory of Miner W. Crosby, which was agreed to.
The following was received.
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:
Those who voted in the affirmative are:
McTeer
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
On motion of Rep. FAIR, with unanimous consent, it was ordered that H. 4937 be read the second time tomorrow.
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.
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
LEAVE OF ABSENCE
The SPEAKER granted Rep. RHOAD a leave of absence.
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.
Announcement was made that Dr. Gerald Wilson of Columbia, is the Doctor of the Day for the General Assembly.
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.
Debate was resumed on Amendment No. 70, which was proposed on Wednesday, March 16, by Rep. BOAN.
Rep. GONZALES moved to reconsider the vote whereby Amendment No. 27 was tabled and the motion was 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.
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.
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:
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
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.
So, the motion to reconsider was tabled.
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:
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.
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
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:
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.
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.
So, the motion to recommit was agreed to.
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:
Those who voted in the affirmative are:
Brown, G. Fair Harvin Hines Kennedy Law McLeod Sharpe Stoddard Trotter Williams
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.
So, the House refused to adjourn.
The SPEAKER granted Rep. TROTTER a leave of absence.
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.
On motion of Rep. CARNELL, with unanimous consent, it was ordered that H. 4819 be read the third time tomorrow.
Rep. SHEHEEN moved the House go into Executive Session.
The yeas and nays were taken resulting as follows:
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.
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.
So, the motion that the House go into Executive Session was agreed to.
On motion of Rep. FAIR, the House arose from Executive Session.
Rep. FAIR moved that the House do now adjourn, which was adopted.
Rep. COBB-HUNTER moved to reconsider the vote whereby H. 4633 was recommitted to Ways and Means Committee and the motion was noted.
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.
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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