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

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| Printed Page 1760, Mar. 15 | Printed Page 1780, Mar. 15 |

Printed Page 1770 . . . . . Wednesday, March 15, 1995

Rep. BOAN proposed the following Amendment No. 17 (Doc Name L:\council\legis\amend\GJK\21557HTC.95), which was rejected.

Amend the amendment offered by Rep. Felder, dated March 15, 1995, Document No. 5634HTC.95, and designated as amendment number 1, as and if amended, page 2, by striking lines 2 through 4 and inserting:

/Relief Fund. For fiscal years after 1995-96, the provisions of subsection (D) of this section apply with respect to a percentage of the required set-aside as follows:


Printed Page 1771 . . . . . Wednesday, March 15, 1995

(1) fiscal year 1996-97 25 percent;

(2) fiscal year 1997-98 50 percent;

(3) fiscal year 1998-99 75 percent;

(4) fiscal years after 1998-99 100 percent./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 51; Nays 57

Those who voted in the affirmative are:

Allison          Brown, H.        Cain
Cato             Chamblee         Cooper
Cotty            Dantzler         Easterday
Fair             Fleming          Fulmer
Hallman          Harrell          Harrison
Haskins          Herdklotz        Hutson
Keegan           Kelley           Klauber
Knotts           Koon             Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            Quinn
Rice             Riser            Robinson
Sandifer         Seithel          Sharpe
Smith, D.        Smith, R.        Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Total--51

Those who voted in the negative are:

Anderson         Askins           Baxley
Boan             Breeland         Brown, G.
Brown, J.        Brown, T.        Byrd
Carnell          Cave             Clyburn
Cobb-Hunter      Cromer           Delleney


Printed Page 1772 . . . . . Wednesday, March 15, 1995

Gamble           Govan            Harris, J.
Harvin           Harwell          Hines
Hodges           Inabinett        Jennings
Kennedy          Keyserling       Kinon
Kirsh            Lanford          Lloyd
McAbee           McCraw           McElveen
McMahand         McTeer           Meacham
Moody-Lawrence   Neal             Neilson
Rhoad            Richardson       Rogers
Scott            Sheheen          Shissias
Simrill          Spearman         Stille
Stuart           Thomas           Tucker
Whipper, L.      Whipper, S.      White
Wilder           Wilkes           Williams

Total--57

So, the House refused to table the amendment.

Reps. H. BROWN and HARRELL spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 56; Nays 57

Those who voted in the affirmative are:

Anderson         Askins           Bailey
Baxley           Beatty           Boan
Breeland         Brown, G.        Brown, J.
Brown, T.        Byrd             Carnell
Cave             Clyburn          Cobb-Hunter
Cromer           Delleney         Elliott
Gamble           Govan            Harris, J.
Harvin           Harwell          Hines
Hodges           Inabinett        Jennings
Kennedy          Keyserling       Kinon
Kirsh            Lanford          Lloyd
McAbee           McCraw           McElveen
McMahand         McTeer           Moody-Lawrence
Neal             Neilson          Rhoad


Printed Page 1773 . . . . . Wednesday, March 15, 1995

Rogers           Scott            Sheheen
Shissias         Spearman         Stille
Stuart           Tucker           Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Williams

Total--56

Those who voted in the negative are:

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

Total--57

So, the amendment was rejected.

Rep. McELVEEN proposed the following Amendment No. 18, which was tabled.

Amend the section by repealing the existing law (Section 11-11-140).

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


Printed Page 1774 . . . . . Wednesday, March 15, 1995

RECORD FOR JOURNAL

I proposed Amendment #18 to H. 3647 because I was frustrated that some who call themselves fiscal conservatives are backing off sound fiscal policies in order to fund property tax relief - with estimated funds; funds we have not realized on many occasions in the past. I moved to table my own amendment, as I only wished to make a point.

I would argue that those who are serious about property tax reform would not fund reform with money that the State may never collect.

In your home, would you budget a European vacation based on what you think you may earn this year? What if you vacation in April and don't have money for food in November? You either borrow or don't eat.

In your business, would you budget utilities and a convention trip to Hawaii based on maximum projected increases in income? You might have to work in the dark, but you'd have one great time in Hawaii, or borrow money to operate.

If property tax reform is a necessity, you will not fund it with projected revenues (like a vacation or entertainment), you will fund it like utilities and food.

In my opinion, we mislead our constituents by telling them we will not spend all projected revenues and then spending all projected revenues.

Rep. JOSEPH T. McELVEEN, JR.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. BROWN a temporary leave of absence.

Reps. WILKES, CARNELL, STILLE and SHEHEEN spoke against the Bill.

Rep. ROGERS moved to table the Bill.

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

Yeas 51; Nays 64

Those who voted in the affirmative are:

Anderson         Askins           Beatty
Boan             Breeland         Brown, G.
Brown, T.        Byrd             Carnell
Cave             Clyburn          Cobb-Hunter
Cromer           Elliott          Govan
Harris, J.       Harvin           Harwell
Hines            Hodges           Howard


Printed Page 1775 . . . . . Wednesday, March 15, 1995

Inabinett        Kennedy          Keyserling
Kinon            Kirsh            Lloyd
Martin           McAbee           McCraw
McElveen         McTeer           Moody-Lawrence
Neal             Neilson          Rhoad
Rogers           Scott            Sheheen
Shissias         Spearman         Stille
Stuart           Tucker           Whipper, L.
Whipper, S.      White            Wilder
Wilkes           Williams         Worley

Total--51

Those who voted in the negative are:

Allison          Bailey           Baxley
Brown, H.        Cain             Cato
Chamblee         Cooper           Cotty
Dantzler         Davenport        Delleney
Easterday        Fair             Felder
Fleming          Fulmer           Gamble
Hallman          Harrell          Harrison
Haskins          Herdklotz        Hutson
Jennings         Keegan           Kelley
Klauber          Knotts           Koon
Lanford          Law              Limbaugh
Limehouse        Littlejohn       Marchbanks
Mason            Meacham          Quinn
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Simrill          Smith, D.
Smith, R.        Thomas           Townsend
Tripp            Trotter          Vaughn
Waldrop          Walker           Wells
Whatley          Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, J.

Total--64

So, the House refused to table the Bill.


Printed Page 1776 . . . . . Wednesday, March 15, 1995

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Yeas 70; Nays 38

Those who voted in the affirmative are:

Allison          Bailey           Baxley
Brown, H.        Cain             Cato
Chamblee         Cooper           Cotty
Dantzler         Davenport        Delleney
Easterday        Elliott          Fair
Felder           Fleming          Fulmer
Gamble           Hallman          Harrell
Harrison         Harvin           Harwell
Haskins          Hutson           Jennings
Keegan           Kelley           Kennedy
Kinon            Klauber          Knotts
Koon             Lanford          Law
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McCraw
Meacham          Neilson          Quinn
Rice             Richardson       Riser
Robinson         Sandifer         Seithel
Sharpe           Simrill          Smith, D.
Smith, R.        Spearman         Thomas
Townsend         Tripp            Trotter
Waldrop          Walker           Wells
Whatley          Wilkins          Witherspoon
Wofford          Wright           Young, A.
Young, J.

Total--70

Those who voted in the negative are:

Askins           Boan             Breeland
Brown, G.        Byrd             Carnell
Cave             Clyburn          Cobb-Hunter
Cromer           Govan            Harris, J.
Hines            Hodges           Howard
Inabinett        Keyserling       Kirsh
Lloyd            McAbee           McElveen
McTeer           Moody-Lawrence   Neal
Rhoad            Rogers           Scott


Printed Page 1777 . . . . . Wednesday, March 15, 1995

Sheheen          Shissias         Stille
Stuart           Whipper, L.      Whipper, S.
White            Wilder           Wilkes
Williams         Worley

Total--38

So, the Bill was read the second time and ordered to third reading.

RECORD FOR JOURNAL

I voted for this measure because we are not compromising our fiscal responsibility as the opponents claim. The surplus generated by Section 11-11- 140, in my opinion, should be spent in a conservative manner, once it is certified after the close of the fiscal year. The conservative use of funds is to return these tax funds to taxpayers, not to spend them on more government. The use of these funds for property tax relief, after certified, is fiscally conservative. The opponents real disagreement with H. 3647 is over the use of these funds, not the timing of their appropriation, after its is certified.

Rep. ALFRED B. ROBINSON, JR.

RECURRENCE TO THE MORNING HOUR

Rep. HODGES moved that the House recur to the morning hour, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 3804 -- Reps. Tucker and Tripp: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DONALD GUY LEE OF PIEDMONT, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The following was introduced:

H. 3805 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION CONGRATULATING THE WILLISTON-ELKO BLUE DEVILS BOYS


Printed Page 1778 . . . . . Wednesday, March 15, 1995

BASKETBALL TEAM OF BARNWELL COUNTY ON WINNING THE 1995 STATE CLASS A BASKETBALL CHAMPIONSHIP.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 630 -- Senators Land, Elliott, Holland, Stilwell, Rankin, Matthews, Ford, Jackson, Reese, Lander, Moore, Mescher, Passailaigue, Glover, O'Dell, Bryan, J. Verne Smith, Courson, Setzler, Patterson, Saleeby, Washington, Russell and Hayes: A CONCURRENT RESOLUTION URGING CONGRESS NOT TO REDUCE FUNDING FOR AMTRAK AND TO TAKE OTHER STEPS TO PRESERVE THE AMTRAK SYSTEM.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

S. 638--AMENDED, ADOPTED AND SENT TO THE SENATE

On motion of Rep. HODGES, with unanimous consent, the following was taken up for immediate consideration:

S. 638 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:30 P.M. ON TUESDAY, MARCH 21, 1995, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN ASSOCIATE JUSTICE OF THE SUPREME COURT WHOSE UNEXPIRED TERM EXPIRES JULY 31, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TWELFTH JUDICIAL CIRCUIT WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 2000; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 5, WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FIFTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SEVENTH


Printed Page 1779 . . . . . Wednesday, March 15, 1995

JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE TENTH JUDICIAL CIRCUIT WHOSE TERM EXPIRES JUNE 30, 1995; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1995.

Amend Title To Conform

Be it resolved by the Senate, the House of Representatives concurring:

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Tuesday, March 21, 1995, at 12:30 p.m. to elect a successor to The Honorable Randall T. Bell of the Supreme Court whose unexpired term expires July 31, 2000; to elect a successor to The Honorable Randall T. Bell of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 1995; to elect a successor to The Honorable John H. Waller, Jr., of the Twelfth Judicial Circuit whose unexpired term expires June 30, 2000; to elect a successor to The Honorable Karen L. Kanes of the Administrative Law Judge Division, Seat 5, whose unexpired term expires June 30, 1998; to elect a successor to the holder of the unexpired term of The Honorable Randall T. Bell of the Court of Appeals, Seat 3, whose unexpired term expires June 30, 1995; to elect a successor to The Honorable C. Tolbert Goolsby, Jr., of the Court of Appeals, Seat 4, whose term expires June 30, 1995; to elect a successor to The Honorable J. Ernest Kinard, Jr., of the Fifth Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable J. Derham Cole of the Seventh Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable Daniel E. Martin, Sr., of the Ninth Judicial Circuit whose term expires June 30, 1995; to elect a successor to The Honorable Tom J. Ervin of the Tenth Judicial Circuit whose term expires June 30, 1995; and to elect a successor to The Honorable Alison R. Lee of the Administrative Law Judge Division, Seat 3, whose term expires June 30, 1995.

Be it further resolved that immediately following the election of all judges, the General Assembly shall elect successors to members of the Legislative Audit Council.

Rep. HODGES proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10023DW.95), which was adopted.

Amend the concurrent resolution, as and if amended, by adding at the end:


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