Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

Page Finder Index

| Printed Page 1300, Mar. 6 | Printed Page 1320, Mar. 7 |

Printed Page 1310 . . . . . Tuesday, March 7, 1995

H. 3760 -- Reps. Klauber, Vaughn and Felder: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS AND EXEMPTIONS, SO AS TO PROVIDE THAT NO FEE PROVIDED FOR IN THIS SECTION OR BY ANY REGULATION PROMULGATED UNDER THIS SECTION SHALL BE CHARGED TO, IMPOSED UPON, OR COLLECTED FROM OR ON BEHALF OF ANY PERSON EXEMPTED FROM THE CONTINUING EDUCATION REQUIREMENTS OF THIS SECTION.

Referred to Committee on Labor, Commerce and Industry.

H. 3761 -- Reps. Kirsh and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-1-100 SO AS TO PROHIBIT A STATE AGENCY FROM PROVIDING CHECK CASHING SERVICES FOR STATE EMPLOYEES.

Referred to Committee on Ways and Means.

ROLL CALL

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

Allison          Anderson         Askins
Baxley           Beatty           Boan
Breeland         Brown, H.        Brown, J.
Cain             Cato             Cave
Clyburn          Cobb-Hunter      Cooper
Dantzler         Easterday        Fair
Felder           Fleming          Fulmer
Gamble           Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Harwell          Haskins          Herdklotz
Hines            Hodges           Hutson
Inabinett        Jennings         Keegan


Printed Page 1311 . . . . . Tuesday, March 7, 1995

Kelley           Kennedy          Kinon
Kirsh            Klauber          Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Lloyd
Marchbanks       Mason            McAbee
McCraw           McMahand         Moody-Lawrence
Rhoad            Rice             Robinson
Rogers           Sandifer         Scott
Seithel          Sharpe           Sheheen
Simrill          Smith, R.        Spearman
Stille           Stuart           Thomas
Tripp            Trotter          Tucker
Vaughn           Walker           Wells
Whatley          Whipper, S.      White
Wilder           Wilkes           Wilkins
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 Tuesday, March 7. Doug Smith C.D. Chamblee Jerry N. Govan, Jr. George H. Bailey Eugene C. Stoddard John W. Riser William F. Cotty Olin R. Phillips Lucille S. Whipper William D. Keyserling Douglas E. McTeer, Jr. F.G. Delleney, Jr. James L.M. Cromer, Jr. June S. Shissias Ronald P. Townsend J.M. Knotts, Jr. Michael F. Jaskwhich Denny W. Neilson Leon Howard Scott H. Richardson Richard M. Quinn, Jr. Grady A. Brown Marion P. Carnell Larry L. Elliott Becky Meacham Alma W. Byrd Dave C. Waldrop, Jr. G. Ralph Davenport, Jr. Joseph H. Neal Ralph W. Canty Theodore A. Brown Thomas E. Huff


Printed Page 1312 . . . . . Tuesday, March 7, 1995

Joseph T. McElveen, Jr.     C. Alex Harvin, III
Woodrow M. McKay         L. Morgan Martin

Total Present--124

STATEMENT FOR JOURNAL

On March 7, 1995, I was 11 minutes late due to talking to Mrs. Sue Rawl Wingard by phone along with other members of the Rawl family concerning appointment to the Agriculture Commission. The vote on Agriculture Commissioner was taken at 10:30 today. No votes were missed.

Rep. J.M. KNOTTS, JR.

DOCTOR OF THE DAY

Announcement was made that Dr. Donald Gregg of Greenville is the Doctor of the Day for the General Assembly.

MOTION ADOPTED

Rep. H. BROWN moved that H. 3363, the Capital Reserve Fund Appropriation Bill for FY 95-96, be set for Special Order immediately after second reading of H. 3690, the Appropriation of Surplus Funds from 1994-95 and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3363, the Capital Reserve Fund Appropriation Bill for FY 95-96, the Bills on the Calendar be printed by number only, which was agreed to.

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

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

H. 3362--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of the Bill.

H. 3362

GENERAL APPROPRIATION BILL



Printed Page 1313 . . . . . Tuesday, March 7, 1995

PART IA

SECTION 3B--DEBATE ADJOURNED

Debate was resumed on Section 3B.

AMENDMENT NO. 4--DEBATE ADJOURNED

ON MOTION TO RECONSIDER

The motion of Rep. HARWELL to reconsider the vote whereby Amendment No. 4 was adopted was taken up.

Rep. TUCKER moved to adjourn debate upon the motion to reconsider, which was adopted.

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

SECTION 3G--ADOPTED

Debate was resumed on Section 3G.

Rep. KIRSH proposed the following Amendment No. 122 (Doc Name L:\h- wm\legis\amend\TR.12), which was tabled.

Amend the bill, as and if amended, Part IA, Section 3G, Reorganization Commission, Page 19, Lines 1-31, by inserting the following:
. . . . .columns (5) (6)

/administration
personal service
director (p). . . . .64,000 64,000
. . . . .(1.00) (1.00)
project coordinator (p). . . . .479,534 479,534
. . . . .(12.00) (12.00)
program system analyst. . . . .32,765 32,765
. . . . .(1.00) (1.00)
administrative assistant. . . . .60,460 60,460
. . . . .(3.00) (3.00)
temp pos-leg src. . . . .27,000 27,000
taxable subsistence. . . . .2,000 2,000
other personal service. . . . .7,185 7,185
. . . . .672,944 672,944
. . . . .(17.00) (17.00)
total administration. . . . .792,249 792,249

II. employee benefits


Printed Page 1314 . . . . . Tuesday, March 7, 1995

c. state employer contributions
employer contributions. . . . .160,055 160,055
total fringe benefits. . . . .160,055 160,055
total employee benefits. . . . .160,055 160,055
total reorganization
commission. . . . .952,304 952,304
total authorized fte
positions. . . . .(17.00) (17.00)/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. MARCHBANKS spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. MARCHBANKS moved to table the amendment.

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

The amendment was then tabled by a division vote of 57 to 22.

Section 3G was adopted.

SECTION 5--DEBATE ADJOURNED

Debate was resumed on Section 5.

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

SECTION 6B--ADOPTED

Debate was resumed on Section 6B.

Section 6B was adopted.

SECTION 7--ADOPTED

Debate was resumed on Section 7.

Section 7 was adopted.

SECTION 10--AMENDED AND ADOPTED

Debate was resumed on Section 10.

AMENDMENT NO. 7--ADOPTED

Debate was resumed on Amendment No. 7, which was proposed on Monday, March 6, by Rep. MARCHBANKS.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted.


Printed Page 1315 . . . . . Tuesday, March 7, 1995

Rep. BAXLEY proposed the following Amendment No. 133 (Doc Name L:\council\legis\amend\BR1\18254AC.95), which was ruled out of order.

Amend the bill, as and if amended, Part 1A, Section 10, State Treasurer's Office, page 0042, by inserting after line 39:
. . . . .(5) (6)
/Probate Relief Fund. . . . .250,000 250,000/

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 133 was out of order under Rule 5.4 which states that no Bill or amendment providing an appropriation to pay a private claim against this State or a department thereof shall be introduced or considered.

Rep. BAXLEY argued contra the Point in stating that it was not a private relief and there were numerous individuals involved and the money went directly to the probate relief fund which was a statewide fund.

The SPEAKER stated that there was precedence where money was appropriated for the Arthur Smith Tournament and Lutheran Family Services and they were ruled out of order under Rule 5.4. He further stated that clearly under Rule 5.4 and Article X of the Constitution the General Assembly could not make direct appropriations to a private entity.

Rep. BAXLEY stated that it was not a private entity but a statewide public fund.

Rep. ROBINSON stated that it still paid a private claim and the Rule didn't allow that.

Rep. BAXLEY continued to argue that it was not a private claim and it involved numerous individuals over a period of years and it was administered by the Supreme Court and the Treasurer's Office.

The SPEAKER stated that it was not in order under Rule 5.4 and he sustained the Point of Order and ruled the Amendment out of order.

Section 10 as amended was adopted.

SECTION 11--AMENDED AND ADOPTED

Debate was resumed on Section 11.


Printed Page 1316 . . . . . Tuesday, March 7, 1995

Rep. QUINN proposed the following Amendment No. 79 (Doc Name L:\h- wm\legis\amend\DH.010), which was adopted.

Amend the bill, as and if amended, Part IA, Section 11, Attorney General, Page 45, Line 5, opposite /Death Penalty/ by decreasing the amounts in columns (5) and (6) by /$43,718/

Amend further, Page 44, Line 37, opposite /Other Operating/ by increasing the amounts in columns (5) and (6) by /$43,718/

Renumber sections & amend totals/title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 14--TABLED

Debate was resumed on Amendment No. 14, which was proposed on Monday, March 6, by Rep. McABEE.

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

Section 11 as amended was adopted.

SECTION 12--DEBATE ADJOURNED

Debate was resumed on Section 12.

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

SECTION 17B--ADOPTED

Debate was resumed on Section 17B.

Section 17B was adopted.

SECTION 17F--ADOPTED

Debate was resumed on Section 17F.

AMENDMENT NO. 16--TABLED

Debate was resumed on Amendment No. 16, which was proposed on Monday, March 6.

Rep. KIRSH explained the amendment.

Rep. ROBINSON spoke against the amendment.

Rep. McTEER spoke in favor of the amendment.

Rep. TRIPP moved to table the amendment.


Printed Page 1317 . . . . . Tuesday, March 7, 1995

Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Yeas 62; Nays 51

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Dantzler         Easterday
Fair             Fleming          Fulmer
Gamble           Hallman          Harrell
Harris, P.       Harrison         Haskins
Herdklotz        Hutson           Jaskwhich
Keegan           Kelley           Kinon
Klauber          Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Martin
Mason            Meacham          Quinn
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Shissias         Simrill
Smith, D.        Smith, R.        Stuart
Thomas           Tripp            Trotter
Vaughn           Walker           Wells
Whatley          Wilkins          Witherspoon
Wofford          Worley           Wright
Young, A.        Young, J.

Total--62

Those who voted in the negative are:

Anderson         Askins           Bailey
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, J.
Byrd             Carnell          Cave
Clyburn          Cobb-Hunter      Cromer
Davenport        Delleney         Elliott
Govan            Harris, J.       Harwell
Hines            Hodges           Howard
Inabinett        Jennings         Kennedy
Keyserling       Kirsh            Knotts
McCraw           McElveen         McMahand


Printed Page 1318 . . . . . Tuesday, March 7, 1995

McTeer           Moody-Lawrence   Neilson
Phillips         Rhoad            Rogers
Scott            Sheheen          Spearman
Townsend         Tucker           Waldrop
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Williams

Total--51

So, the amendment was tabled.

Rep. SIMRILL proposed the following Amendment No. 61 (Doc Name L:\h- wm\legis\amend\TR.10), which was tabled.

Amend the bill, as and if amended, Part IA, Section 17F, Budget & Control Board-Employee Benefits, Page 89, After line 32, by inserting a new item /State Employee COLA/ and by inserting in columns (5) and (6) /$11,368,500/

Renumber sections & amend totals/title to conform.

Rep. SIMRILL explained the amendment.

Rep. A. YOUNG moved to table the amendment.

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

Yeas 66; Nays 46

Those who voted in the affirmative are:

Allison          Askins           Baxley
Brown, H.        Cain             Carnell
Cato             Chamblee         Cooper
Cotty            Dantzler         Easterday
Fair             Fleming          Fulmer
Hallman          Harrell          Harris, J.
Harrison         Harwell          Haskins
Herdklotz        Hutson           Jaskwhich
Jennings         Keegan           Kelley
Kinon            Klauber          Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Martin           Mason            Meacham
Quinn            Rice             Richardson


Printed Page 1319 . . . . . Tuesday, March 7, 1995

Riser            Robinson         Seithel
Sharpe           Shissias         Smith, D.
Smith, R.        Spearman         Stoddard
Stuart           Thomas           Tripp
Trotter          Vaughn           Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--66

Those who voted in the negative are:

Anderson         Bailey           Beatty
Boan             Breeland         Byrd
Cave             Clyburn          Cobb-HunterCromerDavenportDelleney
Elliott          Govan            Hines
Hodges           Howard           InabinettKennedyKeyserlingKirsh
Knotts           Lloyd            McCrawMcElveenMcMahandMcTeer
Moody-Lawrence   Neal             Neilson
Phillips         Rhoad            Rogers
Sandifer         Scott            Sheheen
Simrill          Stille           TownsendTuckerWaldropWhipper, L.Whipper, S.
Wilder           Wilkes
Williams

Total--46

So, the amendment was tabled.

RECORD FOR JOURNAL

As an employee of USC, I did not vote on Amendment 61 of Section 17.

Rep. MARGARET J. GAMBLE

Section 17F was adopted.


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