Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. SHEHEEN having the floor.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Debate was resumed on Amendment No. 3, which was proposed on Wednesday, February 16, by Rep. R. YOUNG.
Rep. SHEHEEN continued speaking.
Rep. CROMER spoke against the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Reps. CARNELL, ROGERS, CLYBORNE and BOAN proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\JIC\5520HC.94), which was adopted.
Amend the bill, as and if amended, by striking item (2), as contained in SECTION 1, page 1, and inserting:
/(2) $2,716,158 to the Division of General Services, State Budget and Control Board, for the State House renovations project.
(3) $2,000,000 to the Department of Corrections for personnel and training costs associated with opening new prisons./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROGERS explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\20378SD.94), which was tabled.
Amend the bill, as and if amended, by striking item (2) of SECTION 1 and inserting:
/(2) $1,196,462 to the Division of General Services, State Budget and Control Board, for the State House renovations project.
(3) $2,000,000 to the Department of Corrections.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. ROBINSON spoke in favor of the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to by a division vote of 50 to 10.
Reps. GONZALES, FULMER, QUINN, HARRISON, D. SMITH and HALLMAN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\20393SD.94).
Amend the bill, as and if amended, by adding the following new section to be appropriately numbered which shall read:
/SECTION No taxpayer entitled to refund of state income taxes paid as a result of the Davis v. Michigan decision may have his refund reduced for the payment of any attorney fees resulting from the settlement of the cases of Bass v. The State of South Carolina and Perri v. The State of South Carolina. The State of South Carolina shall pay attorneys' fees awarded in those cases in addition to the amount of the settlement./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GONZALES explained the amendment.
Rep. SHEHEEN spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 6, Rep. SHEHEEN having the floor.
Rep. CARNELL moved that the House recur to the morning hour, which was agreed
to by a division vote of 67 to 15.
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4361 -- Reps. Stuart, Snow, Vaughn, Quinn, Allison, Waites, Marchbanks and Inabinett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-45 SO AS TO PROVIDE THAT ANY PERSON ELECTED TO A SCHOOL DISTRICT BOARD OF TRUSTEES AFTER JULY 1, 1994, WHO PREVIOUSLY HAS NOT BEEN ELECTED TO SUCH OFFICE SHALL BE A HIGH SCHOOL GRADUATE OR HOLD A GENERAL EDUCATIONAL DEVELOPMENT TESTS DEGREE (GED), AND TO REQUIRE THESE PERSONS TO ALSO SUCCESSFULLY COMPLETE CERTAIN TRAINING WITHIN ONE YEAR OF TAKING OFFICE.
Ordered for consideration tomorrow.
The following was taken up for immediate consideration:
H. 4781 -- Reps. Kirsh, Simrill, Meacham, Moody-Lawrence, McCraw and Delleney: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 1, 1994, "YORK COUNTY DAY".
Whereas, the population of York County has grown over twenty percent during the past ten years and has increased over fifty percent during the past twenty years to over 136,000 people; and
Whereas, the tax base of York County has increased during the past year over 13 million dollars as a result of positive growth, new homes, new businesses, developed property, improved residential and commercial properties; and
Whereas, gross retail sales in York County have nearly doubled since 1986, and increased over sixteen percent during the past year to an estimated 2 billion dollars; and
Whereas, a total of eleven new companies, some nationally known, announced plans to locate in York County in 1994, providing a total investment of 52.1 million dollars and a total of eight hundred jobs; and
Whereas, nine existing York County industries expanded in 1993 for a total investment of 69.1 million dollars and five hundred ten new jobs; and
Whereas, the total number of hotel rooms available for travel and tourism in York County increased twelve percent over the past two years,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize York County for its many accomplishments by declaring March 1, 1994, "York County Day".
Be it further resolved that a copy of this resolution be forwarded to each of the six Chambers of Commerce in York County.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 4782 -- Reps. Gonzales, R. Young and Holt: A JOINT RESOLUTION TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMMEDIATELY ENFORCE ITS ADMINISTRATIVE ORDER REQUIRING THE CAROLINA WATER SERVICE OF CHARLESTON COUNTY TO CONNECT ITS PEPPERHILL SEWAGE SYSTEM INTO THE NORTH CHARLESTON SEWER DISTRICT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
The following was introduced:
H. 4783 -- Rep. Townsend: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 413 AND SOUTH CAROLINA HIGHWAY 252 IN ANDERSON COUNTY AS "MCCOY'S CROSSROADS" AND TO INSTALL APPROPRIATE MARKERS AND SIGNS.
The Concurrent Resolution was ordered referred to the Committee on
Invitations and Memorial Resolutions.
The following was introduced:
H. 4784 -- Reps. Wright, Harrelson, Wells, Keegan, Phillips, Kelley, Huff, Corning, Robinson, Stone, Worley, Littlejohn, Fair, Chamblee, Gamble, J. Brown, Lanford, Marchbanks, Graham, Cooper, Houck, G. Brown, G. Bailey, Meacham, Simrill, Hutson, Neilson, Farr, Sharpe, Shissias, A. Young, Law, Hallman, Stuart, Byrd, Baxley, Jaskwhich, Allison, Kinon, Haskins, Walker, McCraw, Vaughn and R. Smith: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ENACT LEGISLATION PROVIDING THAT ANY FUNDS CUT FROM A FEDERAL PROGRAM BY THE UNITED STATES CONGRESS MUST BE USED TO REDUCE THE FEDERAL DEFICIT AND MUST NOT BE SHIFTED TO ANY OTHER SPENDING PROGRAMS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6, Rep. SHEHEEN having the floor.
H. 4691 -- Ways and Means Committee: A BILL MAKING APPROPRIATIONS FROM FISCAL YEAR 1992-93 SURPLUS GENERAL FUND REVENUES AND TO REPEAL SECTION 12-47-447, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAX REFUNDS.
Debate was resumed on Amendment No. 6 by Reps. GONZALES, FULMER, et al.
Rep. SHEHEEN continued speaking and moved to table the amendment.
Rep. WOFFORD 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. Baxley Boan Breeland Byrd
Carnell Cobb-Hunter Cromer Delleney Elliott Farr Gamble Govan Harris, J. Harris, P. Hines Hodges Holt Houck Inabinett Jaskwhich Jennings Kirsh Martin Mattos McAbee McCraw McElveen McKay McMahand McTeer Moody-Lawrence Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Smith, R. Spearman Stille Stoddard Stuart Tucker Waites Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Worley
Those who voted in the negative are:
Allison Bailey, J. Baker Barber Beatty Brown, G. Brown, H. Brown, J. Cato Chamblee Clyborne Cooper Corning Davenport Fair Gonzales Graham Hallman Harrell Harrison Haskins Hutson Keegan Kelley Keyserling Klauber Lanford Littlejohn Marchbanks McLeod Meacham Neal Quinn Riser Robinson Rudnick Sharpe Shissias Simrill Smith, D. Stone Townsend Trotter Vaughn Walker Wells Wilkes Wofford Wright Young, A. Young, R.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 4691 be read the third time tomorrow.
The following Bill was taken up.
S. 487 -- Senator Rose: A BILL TO AMEND ARTICLE 3, CHAPTER 5, TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORONERS, BY ADDING SECTION 17-5-130, SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\20314SD.94), which was adopted.
Amend the bill, as and if amended, by striking Section 17-5-130 of the 1976 Code, as contained in SECTION 1, and inserting:
/"Section 17-5-130. (A) A coroner in this State must have the following qualifications:
(1) be a citizen of the United States;
(2) be a resident of the county in which he seeks the office of coroner for at least one year before qualifying for the election to the office;
(3) be a registered voter;
(4) attained the age of twenty-one years before the date of qualifying for election to the office;
(5) obtained a high school diploma or its recognized equivalent; and
(6) have not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this State, any other state, or the United States.
(B) Each person serving as a coroner in his first term is required to complete a basic training session to be determined by the South Carolina Law Enforcement Training Council (council). This basic training session
(C) A person holding the office of coroner or deputy coroner who was elected, appointed, or employed prior to January 1, 1994, and who has served continuously since that time must attend a minimum of sixteen hours training annually as may be selected by the council on or before December 31, 1995. Each year thereafter, all coroners and deputy coroners must complete a minimum of sixteen hours training annually as may be selected by the council. Certification or records of attendance or training shall be maintained as directed by the council.
(D)(1) The basis for the minimum annual requirement of in-service training is the calendar year. A coroner who satisfactorily completes the basic training session in accordance with the provisions of subsection (B) is excused from the minimum annual training requirements of subsection (C) for the calendar year in which the basic training session is completed.
(2) The Board of Directors of the South Carolina Coroners Association, in its discretion, may grant a waiver of the requirements of the annual in-service training upon presentation of evidence by a coroner that he was unable to complete the training due to an emergency or extenuating circumstances.
(3) A coroner who fails to complete the minimum annual in-service training required by this section may be suspended from office, without pay, by the Governor for ninety days. The Governor may continue to suspend a coroner until he completes the annual minimum in-service training required in this section. The Governor shall appoint, at the time of the coroner's suspension, a qualified person to perform as acting coroner during the suspension.
(E) The provisions of items (4) and (5) of subsection (A) do not apply to a coroner serving on the effective date of this section.
(G) Expenses of all training authorized or required by this section must be paid by the county the coroner or deputy coroner serves and the South Carolina Law Enforcement Training Council is authorized to set and collect fees for such training."/
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3358 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-2570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PERMITS TO TAKE GAME ANIMALS DESTROYING PROPERTY OR FOR RESEARCH PURPOSES, SO AS TO PROVIDE AN EXCEPTION FOR THE PERMIT REQUIREMENT.
Rep. SNOW explained the Bill.
Rep. G. BAILEY asked unanimous consent that H. 3358 be read a third time tomorrow.
Rep. RUDNICK objected.
The following Bill was taken up.
H. 4040 -- Reps. Riser, Snow, Worley, T.C. Alexander, Rhoad, Kelley, Witherspoon and Sharpe: A BILL TO AMEND THE CODE OF