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

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| Printed Page 3110, Mar. 8 | Printed Page 3130, Mar. 8 |

Printed Page 3120 . . . . . Tuesday, March 8, 1994

/N. No state funds may be used to purchase first class airline tickets./

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 133 (Doc Name L:\council\legis\amend\JIC\5719HTC.94), which was adopted.

Amend the bill, as and if amended, Part IB, Section 129, General and Temporary, page 607, right column, paragraph 38.A, line 27, by inserting before the period /but the total reimbursement for lodging and meals may not exceed the maximum daily allowance applicable for federal employees while on official business/.

Renumber sections & amend totals/title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted by a division vote of 61 to 11.

Rep. HUTSON proposed the following Amendment No. 177 (Doc Name L:\h- wm\legis\amend\FR.009), which was rejected.

Amend the bill, as and if amended, Part IB, Section 129, General and Temporary, Page 613, Paragraph 62, Line 37, right column, by inserting /using the funds appropriated under office services other operating expenses, the Department of Revenue and Taxation shall identify and calculate any income tax overpayment as a result of the Davis v. Michigan case to any federal retiree or eligible beneficiary for tax years 1985, 1986, 1987, and 1988 who did not receive a refund under the terms of the settlement of the class action suit related to this matter for any or all of these tax years. Notwithstanding any other provision of law the department shall then refund any overpayment due to this proviso by June 30, 1995/

Renumber sections & amend totals/title to conform.

Rep. HUTSON explained the amendment.

Rep. McABEE moved to table the amendment.

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

Yeas 21; Nays 76



Printed Page 3121 . . . . . Tuesday, March 8, 1994

Those who voted in the affirmative are:
Alexander, M.O.  Askins           Boan
Carnell          Elliott          Gamble
Harris, J.       Harris, P.       Hodges
Huff             Jaskwhich        Kennedy
Kirsh            Martin           Mattos
McAbee           McCraw           McTeer
Phillips         Rogers           Sheheen

Total--21

Those who voted in the negative are:

Alexander, T.C.  Allison          Anderson
Bailey, J.       Baker            Barber
Baxley           Beatty           Breeland
Brown, H.        Brown, J.        Byrd
Cato             Chamblee         Clyborne
Cooper           Davenport        Delleney
Farr             Fulmer           Gonzales
Graham           Hallman          Harrell
Harrelson        Harrison         Harvin
Haskins          Hines            Hutson
Inabinett        Jennings         Keegan
Kelley           Keyserling       Klauber
Koon             Lanford          Law
Littlejohn       Marchbanks       McKay
McLeod           McMahand         Meacham
Moody-Lawrence   Neal             Neilson
Quinn            Riser            Robinson
Rudnick          Scott            Sharpe
Shissias         Simrill          Smith, D.
Smith, R.        Spearman         Stille
Stoddard         Stone            Stuart
Sturkie          Thomas           Trotter
Walker           Whipper          Wilder, D.
Wilder, J.       Williams         Witherspoon
Wofford          Worley           Wright
Young, R.

Total--76

Printed Page 3122 . . . . . Tuesday, March 8, 1994

So, the House refused to table the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHEHEEN spoke against the amendment.

Rep. HUTSON spoke in favor of the amendment.

Rep. SHEHEEN spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 41; Nays 67

Those who voted in the affirmative are:

Bailey, J.       Baker            Barber
Baxley           Brown, H.        Clyborne
Corning          Davenport        Fair
Fulmer           Gonzales         Hallman
Harrell          Harrelson        Harrison
Harvin           Harwell          Hines
Hutson           Kennedy          Keyserling
Klauber          Koon             Law
McLeod           Meacham          Moody-Lawrence
Quinn            Richardson       Riser
Rudnick          Sharpe           Shissias
Simrill          Stone            Sturkie
Vaughn           Wofford          Wright
Young, A.        Young, R.

Total--41

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Askins
Bailey, G.       Boan             Breeland
Carnell          Cato             Chamblee
Cobb-Hunter      Cromer           Delleney
Elliott          Farr             Felder
Gamble           Govan            Graham
Harris, J.       Harris, P.       Haskins
Hodges           Holt             Houck
Huff             Inabinett        Jaskwhich

Printed Page 3123 . . . . . Tuesday, March 8, 1994

Jennings         Keegan           Kelley
Kirsh            Littlejohn       Marchbanks
Martin           Mattos           McAbee
McCraw           McElveen         McKay
McTeer           Neal             Neilson
Phillips         Rhoad            Robinson
Rogers           Scott            Sheheen
Snow             Spearman         Stille
Stoddard         Stuart           Thomas
Trotter          Tucker           Waites
Waldrop          Wells            White
Wilder, D.       Wilder, J.       Wilkes
Wilkins          Williams         Witherspoon
Worley

Total--67

So, the amendment was rejected.

Reps. WOFFORD, A. YOUNG, VAUGHN, WILKINS, HOWELL, MEACHAM HALLMAN, and HODGES proposed the following Amendment No. 178 (Doc Name L:\h-wm\legis\amend\DH.025), which was adopted.

Amend the bill, as and if amended, Part IB, Section 129, General Proviso's, Page 608, Paragraph 38F, Line 32, by striking and inserting a new paragraph to read: /No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while traveling in the county of his official residence. When traveling on official business of said court within 50 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State. When traveling on official business of said Court 50 or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this Act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State. The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the


Printed Page 3124 . . . . . Tuesday, March 8, 1994

National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.

Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of- state expenses at the rate provided in paragraph A of this section./

Amend further, Paragraph 38G, Page 608, Line 14, Right Column, by striking it in its entirety and inserting a new paragraph to read: /No subsistence reimbursements are allowed to a Circuit Judge or a Family Court Judge while holding court within the county in which he resides. While holding court or on other official business outside the County, but within the circuit in which he resides and within fifty miles of his residence, a Circuit Court Judge or Family Court Judge is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business at a location fifty miles or more from his residence, a Circuit Court or Family Court Judge is entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly./

Renumber sections & amend totals/title to conform.

Rep. WOFFORD explained the amendment.

SPEAKER IN CHAIR

Rep. WOFFORD continued speaking.

The amendment was then adopted.

Section 129 as amended was adopted.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. BOAN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.

PART IA

SECTION 3A--ADOPTED

Debate was resumed on Section 3A.

Section 3A was adopted.


Printed Page 3125 . . . . . Tuesday, March 8, 1994

SECTION 4A--AMENDED AND ADOPTED

Debate was resumed on Section 4A.

Reps. HODGES and WILKINS proposed the following Amendment No. 44 (Doc Name L:\h- wm\legis\amend\VC.008), which was adopted.

Amend the bill, as and if amended, Part IA, Section Section 4A, Judicial Department, Page 25, Line 11, Opposite /Total Personal Service/ by decreasing the amount in columns (5) and (6) by /189,000/

Amend Further

Page 25, Line 12, Opposite /Other Operating Expenses/ by decreasing the amount in columns (5) and (6) by /184,500/

Renumber sections & amend totals/title to conform.

Rep. WILKINS explained the amendment.

Rep. ROGERS spoke against the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. ROGERS spoke in favor of the amendment.

Rep. McELVEEN spoke in favor of the amendment.

The amendment was then adopted.

Reps. WILKINS, HODGES, FELDER, ROGERS and BOAN proposed the following Amendment No. 81 (Doc Name L:\h-wm\legis\amend\DH.JBA), which was adopted.

Amend the bill, as and if amended, Part IA, Section 4A, Judicial, Page 26, Line 25, Opposite /Other Operating Expenses, by increasing the amounts in columns (5) and (6) by /$277,935/

Renumber sections & amend totals/title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Section 4A as amended was adopted.

SECTION 6A--ADOPTED

Debate was resumed on Section 6A.

Section 6A was adopted.

SECTION 6B--AMENDED AND ADOPTED

Debate was resumed on Section 6B.


Printed Page 3126 . . . . . Tuesday, March 8, 1994

Rep. M.O. ALEXANDER proposed the following Amendment No. 20 (Doc Name L:\h- wm\legis\amend\DH.ICR), which was adopted.

Amend the bill, as and if amended, Part IA, Section 6B, SLED, Page 33, Line 35, Opposite /Other Operating Expense/ by increasing the amounts in Columns (5) and (6) by /100,000/

Renumber sections & amend totals/title to conform.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

Reps. FARR, GAMBLE, HODGES and PHILLIPS proposed the following Amendment No. 39 (Doc Name L:\h-wm\legis\amend\DH.VFL), which was tabled.

Amend the bill, as and if amended, Part IA, Section 6B, SLED, Page 34, Line 30, Opposite /Other Operating Expenses by increasing the amounts of Columns (5) and (6) by /629,000/

Renumber sections & amend totals/title to conform.

Rep. HODGES explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FAIR a leave of absence to go to a funeral visitation.

Rep. HODGES continued speaking.

Rep. KIRSH spoke against the amendment.

Rep. FARR spoke in favor of the amendment.

Rep. KIRSH moved to table the amendment.

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

Yeas 54; Nays 53

Those who voted in the affirmative are:

Alexander, M.O.  Allison          Anderson
Bailey, J.       Baker            Barber
Beatty           Boan             Breeland
Brown, H.        Brown, J.        Byrd
Canty            Carnell          Chamblee
Cobb-Hunter      Corning          Davenport
Fulmer           Govan            Hallman

Printed Page 3127 . . . . . Tuesday, March 8, 1994

Harrell          Harris, P.       Haskins
Holt             Jaskwhich        Kennedy
Kirsh            Law              Marchbanks
McElveen         McMahand         Meacham
Moody-Lawrence   Neal             Rhoad
Robinson         Rogers           Rudnick
Scott            Sharpe           Sheheen
Simrill          Smith, R.        Stille
Stone            Trotter          Vaughn
Wells            Whipper          White
Wilkes           Wilkins          Williams

Total--54

Those who voted in the negative are:

Alexander, T.C.  Askins           Bailey, G.
Baxley           Cromer           Delleney
Farr             Felder           Gamble
Graham           Harrelson        Harris, J.
Harrison         Harvin           Harwell
Hodges           Houck            Jennings
Keegan           Kelley           Keyserling
Kinon            Koon             Lanford
Martin           Mattos           McAbee
McCraw           McKay            McLeod
McTeer           Neilson          Phillips
Richardson       Riser            Shissias
Snow             Spearman         Stoddard
Stuart           Sturkie          Thomas
Tucker           Waites           Waldrop
Walker           Wilder, D.       Wilder, J.
Witherspoon      Wofford          Wright
Young, A.        Young, R.

Total--53

So, the amendment was tabled.


Printed Page 3128 . . . . . Tuesday, March 8, 1994

Rep. SPEARMAN proposed the following Amendment No. 207 (Doc Name L:\h- wm\legis\amend\DH.030), which was tabled.

Amend the bill, as and if amended, Part IA, Section 6B, SLED, Page 33, Line 32, opposite /Other Operating/ by increasing the amount in columns (5) and (6) by / 1,550,000 /

Renumber sections & amend totals/title to conform.

Rep. SPEARMAN explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. SPEARMAN spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

The amendment was then tabled by a division vote of 63 to 24.

Section 6B as amended was adopted.

SECTION 12--AMENDED AND ADOPTED

Debate was resumed on Section 12.

Reps. FELDER, CLYBORNE, HARWELL, TUCKER, JENNINGS, HARRISON, WILKINS and HODGES proposed the following Amendment No. 194 (Doc Name L:\h-wm\legis\amend\DH.016), which was adopted.

Amend the bill, as and if amended, Part IA, Section 12, Prosecution Commission, Page 50, Line 15, opposite /Judicial Circuit State Support/ by increasing the amounts in Columns (5) and (6) by /291,320/

Renumber sections & amend totals/title to conform.

Rep. FELDER explained the amendment.

The amendment was then adopted.

Section 12 as amended was adopted.

SECTION 19--DEBATE ADJOURNED

Debate was resumed on Section 19.


Printed Page 3129 . . . . . Tuesday, March 8, 1994

AMENDMENT NO. 200--DEBATE ADJOURNED

Rep. STUART proposed the following Amendment No. 200 (Doc Name L:\h- wm\legis\amend\FR.020).

Amend the bill, as and if amended, Part IA, Section 19, Education, Page 246, by inserting a new line after line 37 /Aid to Districts - School Board Orientation/ and inserting in Columns (5) and (6) by /$10,000/

Renumber sections & amend totals/title to conform.

Rep. STUART explained the amendment.

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

AMENDMENT NO. 214--DEBATE ADJOURNED

Rep. CORNING proposed the following Amendment No. 214 (Doc Name L:\h- wm\legis\amend\DC.044).

Amend the bill, as and if amended, Part IA, Section 19, Dept. of Education, Page 0250, Line 12, Opposite /Other Operating Expenses/ by increasing the amounts in Columns (5) and (6) by /4,315,000/

Renumber sections & amend totals/title to conform.

Rep. CORNING explained the amendment and moved to adjourn debate upon the amendment, which was rejected.

Rep. BOAN moved to adjourn debate upon the section, which was adopted.

SECTION 29--ADOPTED

Debate was resumed on Section 29.

Reps. McELVEEN and SHISSIAS proposed the following Amendment No. 211 (Doc Name L:\h-wm\legis\amend\VC.030), which was tabled.

Amend the bill, as and if amended, Part IA, Section 29, Page 290, Line 39, Opposite /Hospital Services/ by decreasing the amount in column (5) by /2,396,439/ and in column (6) by /700,000/.

Renumber sections & amend totals/title to conform.

Rep. McELVEEN explained the amendment.

Rep. MOODY-LAWRENCE moved to table the amendment, which was agreed to by a division vote of 54 to 35.


| Printed Page 3110, Mar. 8 | Printed Page 3130, Mar. 8 |

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