Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 3000, Mar. 3 | Printed Page 3020, Mar. 3 |

Printed Page 3010 . . . . . Thursday, March 3, 1994

Those who voted in the negative are:

Baker            Brown, H.        Cato
Chamblee         Clyborne         Cooper
Corning          Davenport        Fair
Fulmer           Gamble           Hallman
Harrell          Haskins          Huff
Hutson           Jaskwhich        Keegan
Kelley           Kirsh            Klauber
Law              Littlejohn       McKay
Meacham          Moody-Lawrence   Quinn
Riser            Sharpe           Shissias
Simrill          Smith, D.        Smith, R.
Stone            Stuart           Sturkie
Townsend         Vaughn           Walker
Witherspoon      Wofford          Wright
Young, A.

Total--43

So, the amendment was tabled.

AMENDMENT NO. 44--DEBATE ADJOURNED

Reps. TOWNSEND, TROTTER, ALLISON, STILLE, VAUGHN, COOPER, WALKER, A. YOUNG, LITTLEJOHN, JASKWHICH, WELLS and HUFF proposed the following Amendment No. 44 (Doc Name L:\council\legis\amend\CYY\15825AC.94).

Amend the bill, as and if amended, page 4633-5, Section 5, by deleting beginning on line 28 /then additional revenues may be raised by ad valorem taxes sufficient to meet this requirement/ and inserting /the General Assembly must appropriate sufficient funds to meet this requirement with no mid-year cuts imposed on school districts/

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Rep. BOAN moved to table the amendment.


Printed Page 3011 . . . . . Thursday, March 3, 1994

Rep. TOWNSEND demanded the yeas and nays, which were taken resulting as follows:
Yeas 30; Nays 71

Those who voted in the affirmative are:

Askins           Bailey, J.       Boan
Brown, G.        Cobb-Hunter      Cromer
Delleney         Farr             Harris, J.
Hines            Hodges           Houck
Jennings         Keegan           Keyserling
Kinon            Kirsh            Marchbanks
McAbee           McCraw           McElveen
McKay            McLeod           McTeer
Moody-Lawrence   Neal             Robinson
Rogers           Sheheen          Waldrop

Total--30

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Baxley           Beatty
Breeland         Brown, H.        Brown, J.
Byrd             Cato             Chamblee
Clyborne         Cooper           Corning
Davenport        Fair             Fulmer
Gamble           Gonzales         Govan
Graham           Hallman          Harrell
Harris, P.       Harvin           Haskins
Huff             Hutson           Jaskwhich
Kelley           Kennedy          Klauber
Koon             Lanford          Law
Littlejohn       Martin           Meacham
Phillips         Quinn            Richardson
Riser            Rudnick          Scott
Shissias         Simrill          Smith, D.
Smith, R.        Snow             Spearman
Stille           Stone            Stuart
Sturkie          Thomas           Townsend
Trotter          Vaughn           Walker
Wells            Whipper          Wilder, D.
Wilder, J.       Wilkes           Wilkins

Printed Page 3012 . . . . . Thursday, March 3, 1994

Witherspoon      Wofford          Worley
Wright           Young, A.

Total--71

So, the House refused to table the amendment.

Rep. KENNEDY moved to adjourn debate upon the amendment, which was adopted.

Reps. ROBINSON, CLYBORNE and A. YOUNG proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\JIC\5667HTC.94), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, in SECTION 2, page 4633-3, by inserting immediately after line 38:

/In addition to any other limits on the revenue raising power, the governing body of a county may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend further, SECTION 3, page 4633-4, by inserting immediately after line 23:

/In addition to any other limits on the revenue raising power, the governing body of a municipality may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend further, SECTION 4, page 4633-5, by inserting immediately after line 6:

/In addition to any other limits on the revenue raising power, the governing body of a special purpose district may not impose an additional tax or fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend further, SECTION 5, page 4633-5, by inserting immediately after line 30:

/In addition to any other limits on the revenue raising power, the governing body authorized by law to levy school taxes may not impose an additional school tax or school fee or remove existing exemptions except upon a two-thirds vote of the governing body./

Amend title to conform.

Rep. ROBINSON explained the amendment.


Printed Page 3013 . . . . . Thursday, March 3, 1994

POINT OF ORDER

Rep. STILLE raised the Point of Order that Amendment No. 45 was out of order as it was not germane.

Rep. ROBINSON argued contra the Point.

Rep. STILLE stated that the Bill dealt with existing taxation and the amendment dealt with new taxation.

Rep. McABEE stated, citing Section B of 4-9-55, that except upon approval of each house of the General Assembly by two-thirds of the members voting in each house, the General Assembly may not enact, amend, or repeal any general law if the anticipated effect of doing so would be to reduce the authority that counties have to raise revenues in the aggregate.

SPEAKER Pro Tempore WILKINS overruled the Point of Order.

SPEAKER IN CHAIR

Rep. ROBINSON continued speaking.

Rep. ROGERS moved to table the amendment.

Rep. A. YOUNG demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 43 to 40.

Rep. FARR moved immediate cloture on the entire matter.

POINT OF ORDER

Rep. MEACHAM raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was not sustained by the Chair.

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

Yeas 50; Nays 52

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, J.       Boan             Brown, G.
Carnell          Cato             Clyborne
Cromer           Farr             Graham
Harris, J.       Harris, P.       Harvin
Haskins          Hines            Hodges
Houck            Hutson           Jaskwhich
Jennings         Keegan           Kennedy

Printed Page 3014 . . . . . Thursday, March 3, 1994

Kinon            Kirsh            Lanford
Mattos           McAbee           McCraw
McKay            McLeod           McMahand
McTeer           Meacham          Neilson
Phillips         Rhoad            Rogers
Rudnick          Sheheen          Simrill
Smith, R.        Stone            Vaughn
Waldrop          Whipper          Wilder, D.
Wilder, J.       Young, A.

Total--50

Those who voted in the negative are:

Allison          Anderson         Baker
Beatty           Breeland         Brown, H.
Byrd             Chamblee         Cobb-Hunter
Cooper           Corning          Davenport
Delleney         Fulmer           Gamble
Gonzales         Govan            Hallman
Huff             Kelley           Keyserling
Klauber          Koon             Law
Littlejohn       Marchbanks       McElveen
Moody-Lawrence   Neal             Quinn
Richardson       Riser            Robinson
Scott            Sharpe           Shissias
Smith, D.        Snow             Spearman
Stille           Stuart           Sturkie
Thomas           Townsend         Trotter
Walker           Wells            Wilkes
Witherspoon      Wofford          Worley
Wright

Total--52

So, immediate cloture was rejected.

Rep. McTEER moved that the House do now adjourn.

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

Yeas 50; Nays 54


Printed Page 3015 . . . . . Thursday, March 3, 1994

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, H.        Carnell
Delleney         Fair             Farr
Harris, J.       Harris, P.       Hines
Hodges           Houck            Jaskwhich
Jennings         Kennedy          Kinon
Koon             Martin           Mattos
McAbee           McCraw           McKay
McLeod           McMahand         McTeer
Neilson          Phillips         Rhoad
Rogers           Rudnick          Sharpe
Sheheen          Snow             Spearman
Stille           Thomas           Vaughn
Waldrop          Whipper          Wilder, J.
Wilkes           Witherspoon

Total--50

Those who voted in the negative are:

Allison          Baker            Beatty
Byrd             Cato             Chamblee
Clyborne         Cobb-Hunter      Cooper
Corning          Cromer           Davenport
Fulmer           Gamble           Gonzales
Govan            Graham           Hallman
Harrell          Harvin           Haskins
Huff             Hutson           Keegan
Kelley           Kirsh            Klauber
Lanford          Law              Littlejohn
Marchbanks       Meacham          Moody-Lawrence
Neal             Quinn            Richardson
Riser            Robinson         Scott
Shissias         Simrill          Smith, D.
Smith, R.        Stone            Sturkie
Trotter          Walker           Wells

Printed Page 3016 . . . . . Thursday, March 3, 1994

Wilder, D.       Wilkins          Wofford
Worley           Wright           Young, A.

Total--54

So, the House refused to adjourn.

Rep. ROBINSON proposed the following Amendment No. 46 (Doc Name L:\council\legis\amend\JIC\5675HTC.94), which was tabled.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 12, page 4633-8, line 25, by striking /fifth/ and inserting /tenth/.

Amend title to conform.

Rep. ROBINSON explained the amendment.

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

AMENDMENT NO. 47--DEBATE ADJOURNED

Reps. MARCHBANKS and WILKINS proposed the following Amendment No. 47 (Doc Name L:\council\legis\amend\JIC\5676HTC.94).

Amend the Report of the Committee on Ways and Means, as and if amended, page 4633-2, line 10, by striking /and/ and inserting /, hereafter full funding of any state mandates, and/.

Amend title to conform.

Rep. MARCHBANKS explained the amendment.

Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 36 to 37.

Rep. ROGERS spoke against the amendment.

Rep. MARCHBANKS spoke in favor of the amendment.

Rep. MARCHBANKS moved to adjourn debate upon the amendment, which was adopted.

Rep. FARR moved that the House do now adjourn.

POINT OF ORDER

Rep. SIMRILL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.


Printed Page 3017 . . . . . Thursday, March 3, 1994

Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Yeas 33; Nays 60

Those who voted in the affirmative are:

Breeland         Brown, J.        Byrd
Carnell          Cobb-Hunter      Delleney
Farr             Fulmer           Govan
Hallman          Harrell          Harris, P.
Harvin           Jennings         Keyserling
McAbee           McElveen         McKay
McLeod           Moody-Lawrence   Neal
Rhoad            Rudnick          Scott
Sharpe           Sheheen          Snow
Spearman         Stille           Thomas
Townsend         Waldrop          Whipper

Total--33

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Baker            Boan
Brown, G.        Brown, H.        Cato
Chamblee         Clyborne         Cooper
Corning          Cromer           Davenport
Gamble           Gonzales         Graham
Harris, J.       Haskins          Hines
Hodges           Houck            Huff
Hutson           Jaskwhich        Keegan
Kelley           Kinon            Kirsh
Klauber          Lanford          Law
Littlejohn       Mattos           McCraw
McMahand         Meacham          Neilson
Phillips         Richardson       Riser
Robinson         Shissias         Simrill
Smith, R.        Stone            Stuart
Trotter          Vaughn           Walker
Wells            Wilder, D.       Wilder, J.

Printed Page 3018 . . . . . Thursday, March 3, 1994

Wilkes           Wilkins          Witherspoon
Wofford          Wright           Young, A.

Total--60

So, the House refused to adjourn.

Rep. M.O. ALEXANDER moved immediate cloture on the entire matter.

POINT OF ORDER

Rep. SIMRILL raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

RULE 3.9 INVOKED

Rep. HODGES moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

Reps. VAUGHN, HASKINS and CATO propose the following Amendment No. 50 (Doc Name L:\council\legis\amend\JIC\5678HTC.94), which was adopted.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 5, page 4633-5, by adding a new paragraph at the end of the section to read:

/The provisions of this section may not be construed to amend or repeal any existing provision of law limiting the fiscal autonomy of a school district to the extent those limitations are more restrictive than the provisions of this section./

Amend title to conform.

Rep. VAUGHN explained the amendment.

The amendment was then adopted.

Rep. VAUGHN proposed the following Amendment No. 51 (Doc Name L:\council\legis\amend\JIC\5677HTC.94), which was adopted.

Amend the Report of the Committee on Ways and Means, as and if amended, page 4633-3, by striking line 36.

Amend further, page 4633-4, by striking line 21.

Amend further, page 4633-5, by striking lines 4 and 22.


Printed Page 3019 . . . . . Thursday, March 3, 1994

Renumber sections and items to conform.

Amend title to conform.

Rep. VAUGHN explained the amendment.

The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 52 (Doc Name L:\council\legis\amend\JIC\5680HTC.94), which was rejected.

Amend the Report of the Committee on Ways and Means, as and if amended, SECTION 2, page 4633-3, after line 38, by adding an appropriately numbered item to read:

/( ) spending for economic development purposes./

Amend further, SECTION 3, page 4633-4, after line 23, by adding an appropriately numbered item to read:

/( ) spending for economic development purposes./

Amend further, SECTION 4, page 4633-5, after line 6, by adding an appropriately numbered item to read:

/( ) spending for economic development purposes./

Renumber to conform.

Amend title to conform.

Rep. COBB-HUNTER explained the amendment.

Rep. BOAN moved to table the amendment, which was not agreed to.

Rep. BAKER spoke against the amendment.

The amendment was then rejected by a division vote of 33 to 57.

AMENDMENT NO. 45--RECONSIDERED AND
INTERRUPTED DEBATE

Rep. LANFORD moved to reconsider the vote whereby Amendment No. 45 was tabled.

Rep. SCOTT moved to table the motion to reconsider.

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

Yeas 42; Nays 56

Those who voted in the affirmative are:

Alexander, M.O.  Anderson         Askins
Bailey, J.       Boan             Breeland
Brown, G.        Brown, J.        Carnell
Cobb-Hunter      Cromer           Farr

Printed Page 3020 . . . . . Thursday, March 3, 1994

Gonzales         Govan            Harris, J.
Harris, P.       Harvin           Hines
Hodges           Houck            Jennings
Kelley           Kennedy          Keyserling
Kinon            Martin           Mattos
McCraw           McLeod           McMahand
Moody-Lawrence   Neal             Neilson
Rhoad            Rogers           Rudnick
Scott            Sheheen          Spearman
Stille           Stuart           Wilkes

Total--42


| Printed Page 3000, Mar. 3 | Printed Page 3020, Mar. 3 |

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