Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Paternal and eternal God, enable us to hear always Your divine teachings which guide, bless and give us assurance. Teach us to know that we are always under the white light of Your judgement before which nothing unclean can survive, and under the scrutiny of Your all-seeing eye. Deliver us from elevating cleverness above goodness, humor above honor. Make us to know that in the daily duties placed in our hands that our effectiveness depends upon the surrender we make of our self-centered way to the control of Your will in which alone we find peace.
We pray in the Name of Him Who plainly says: "Come, follow Me." Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. COTTY moved that when the House adjourns, it adjourn in memory of J. Don Watson, Jr., of Elgin, which was agreed to.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3191 -- Reps. P. Harris, Neilson, Waldrop, J. Brown, Inabinett, Rhoad and Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 37-11-95 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO OBTAIN APPROVAL FROM THE DEPARTMENT OF CONSUMER AFFAIRS TO DISTRIBUTE A DIVIDEND OR SIMILAR DISTRIBUTION; BY ADDING SECTION 37-11-105 SO AS TO REQUIRE AN OPERATOR OF A CONTINUING CARE RETIREMENT COMMUNITY TO SUBMIT A FINANCIAL PLAN TO THE DEPARTMENT FOR APPROVAL IF THE DEPARTMENT HAS REASON TO BELIEVE THE OPERATOR IS OR MAY BECOME INSOLVENT; BY ADDING SECTION 37-11-135 SO AS TO EXEMPT FROM CERTAIN LICENSING REQUIREMENTS A CONTINUING CARE RETIREMENT COMMUNITY WHICH DOES NOT REQUIRE PAYMENT OF AN ENTRANCE FEE; BY AMENDING SECTION 37-11-30, RELATING TO LICENSING OF CONTINUING CARE RETIREMENT COMMUNITIES, SO AS TO REVISE INFORMATION THAT MUST ACCOMPANY LICENSE APPLICATIONS; AND BY AMENDING SECTION 37-11-40, RELATING TO THE DETERMINATION OF FINANCIAL RESPONSIBILITY OF AN APPLICANT FOR LICENSURE, SO AS TO REVISE CONDITIONS UNDER WHICH A BOND OR OTHER GUARANTEE IS REQUIRED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3090 -- Reps. Cromer and Stille: A BILL TO AMEND SECTION 8-21-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF FEES AND COSTS TO BE COLLECTED IN MAGISTRATE'S COURT, SO AS TO REVISE CERTAIN OF THESE FEES AND COSTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3225 -- Reps. Cooper, Townsend, Fulmer, A. Young, Witherspoon, Allison, Walker, Vaughn, D. Smith, Harrell, H. Brown, P. Harris, Waldrop, Lanford, Davenport, Wells, Haskins, Stille, Hallman, Chamblee, Carnell, Klauber, Wofford, Harrison, Quinn, Stuart, Cotty, Shissias, J. Harris, Wright, Riser, Knotts, Fair, Easterday, Marchbanks, Trotter, Cato, Robinson and Tripp: A CONCURRENT RESOLUTION TO RESTORE THE TENTH AMENDMENT TO THE CONSTITUTION FOR THE UNITED STATES IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3019 -- Reps. Simrill, Cato, Walker, Meacham, Kirsh, Stille, Kelley, Richardson, Gamble, Phillips Spearman, Robinson, Riser and Shissias: A BILL TO AMEND SECTION 56-1-515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL ALTERATION OR USE OF A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE PENALTY FOR VIOLATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3158 -- Reps. Quinn, Robinson and Harrell: A BILL TO AMEND SECTION 8-17-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT EMPLOYEES OF THE OFFICE OF THE LIEUTENANT GOVERNOR, AND TO EXEMPT IN THE OFFICES OF OTHER STATEWIDE CONSTITUTIONAL OFFICE EMPLOYEES APPOINTED BY THE OFFICER AT OR ABOVE THE ORGANIZATIONAL LEVEL OF ASSISTANT DIRECTORS OF INDIVIDUAL PROGRAM COMPONENTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT HOUSE MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER; PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW TERMS THEREAFTER.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3051 -- Reps. Vaughn and Lloyd: A BILL TO AMEND SECTION 56-3-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REGISTRATION FEE FOR PRIVATE PASSENGER-CARRYING VEHICLES, SO AS TO PROVIDE THAT THE FEE OF TEN DOLLARS ANNUALLY IS AUTHORIZED FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER WHO LEASES A VEHICLE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3055 -- Reps. Kirsh, Simrill, Allison, Baxley, Lloyd and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-120 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT TO GRANT FOREIGN LANGUAGE CREDIT FOR A COURSE IN AMERICAN SIGN LANGUAGE.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3148 -- Reps. Davenport, Walker, Allison, Vaughn, Simrill, Inabinett. Lloyd and T. Brown: A BILL TO AMEND SECTION 59-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND THE BLIND, SO AS TO ADD A MEMBER WHO REPRESENTS THE INTEREST OF PERSONS WITH MULTIPLE HANDICAPS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3178 -- Reps. Meacham, Cato, Walker, Allison, Delleney, Knotts, Law, Richardson, Herdklotz, Robinson, Seithel and Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-443 SO AS TO PROVIDE THAT ALL SCHOOLS SHALL PROVIDE FOR A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY.
Ordered for consideration tomorrow.
The following was introduced:
H. 3432 -- Reps. Harvin and Quinn: A HOUSE RESOLUTION AFFIRMING THE BELIEF THAT THIS STATE'S ON-GOING COMMERCIAL RELATIONSHIP WITH THE PEOPLE OF THE REPUBLIC OF CHINA ON TAIWAN SHOULD BE RECOGNIZED AS SERVING THE MUTUAL INTERESTS OF SOUTH CAROLINIANS AND THE PEOPLE OF THE REPUBLIC OF CHINA ON TAIWAN IN AN EQUITABLE AND RECIPROCAL MANNER, THAT THE RECORD OF THE REPUBLIC OF CHINA ON TAIWAN CONCERNING HER DEMOCRATIZATION AT HOME AND HER HUMANITARIAN SERVICE ABROAD BE ACCORDED APPROPRIATE RECOGNITION BY THE PEOPLE OF THIS STATE, AND THAT DUE CONSIDERATION SHOULD BE GIVEN BY THE UNITED STATES TO THE READINESS OF THE REPUBLIC OF CHINA ON TAIWAN FOR THE LATTER'S FURTHER CONTRIBUTIONS TO AND BROADER PARTICIPATION IN THE INTERNATIONAL COMMUNITY, INCLUDING FORUMS SUCH AS MULTILATERAL TRADE ASSOCIATIONS, HUMANITARIAN RELIEF ORGANIZATIONS, AND THE UNITED NATIONS.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration:
H. 3433 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE WILLIAM M. DETWEILER, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:30 P.M. ON WEDNESDAY, MARCH 22, 1995.
Be it resolved by the House of Representatives, the Senate concurring:
That the Honorable William M. Detweiler, National Commander of the American Legion, is invited to address the General Assembly in joint session at 12:30 P.M. on Wednesday, March 22, 1995.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3434 -- Rep. Sandifer: A CONCURRENT RESOLUTION CONGRATULATING SYBIL GIBSON SEVIC OF SENECA ON BEING SELECTED FOR A PRESIDENTIAL AWARD FOR EXCELLENCE IN SCIENCE AND MATHEMATICS TEACHING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3435 -- Rep. Stuart: A HOUSE RESOLUTION TO PROCLAIM THE MONTH OF FEBRUARY, 1995, AS "BLACK HISTORY MONTH" IN SOUTH CAROLINA TO OBSERVE AND COMMEMORATE THE IMPORTANT CONTRIBUTIONS AFRICAN-AMERICANS HAVE MADE TO OUR STATE AND NATION OVER THE COURSE OF OUR COUNTRY'S HISTORY.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3436 -- Rep. McElveen: A CONCURRENT RESOLUTION TO CONGRATULATE MR. PAT VELTRE, ONE OF SUMTER'S MOST DISTINGUISHED CONDUCTORS AND BAND DIRECTORS, UPON HIS RETIREMENT AND TO EXPRESS TO HIM SINCERE THANKS FOR ALL HE HAS DONE ON BEHALF OF THE CITIZENS OF SUMTER COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3437 -- Reps. McElveen, G. Brown, Canty, Neal and J. Young: A CONCURRENT RESOLUTION TO EXTEND THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MR. RYAN BAILEY OF SUMTER COUNTY UPON WINNING THE STATEWIDE COMPETITION TO DESIGN THE INAUGURAL LOGO EMBLEM "PUTTING FAMILIES FIRST" FOR NEWLY-ELECTED GOVERNOR DAVID M. BEASLEY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3438 -- Reps. Witherspoon, Sharpe, McTeer, Robinson, Kelley, Haskins, Keegan, Hines, Koon, Riser, Rhoad, Gamble, Hutson and Worley: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT BOAT TRAILERS.
Referred to Committee on Ways and Means.
H. 3439 -- Reps. Harvin and J. Brown: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE MEDICAL RADIATION HEALTH AND SAFETY ACT; TO CREATE THE SOUTH CAROLINA RADIOLOGIC TECHNOLOGISTS BOARD OF EXAMINERS; TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; TO ESTABLISH LICENSING REQUIREMENTS, PENALTIES, AND FEES; TO AMEND SECTIONS 1-30-65 AND 40-73-15, BOTH AS AMENDED, AND BOTH RELATING TO OCCUPATIONAL AND PROFESSIONAL BOARDS UNDER THE AUTHORITY OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION, SO AS TO INCLUDE THE SOUTH CAROLINA RADIOLOGIC TECHNOLOGISTS BOARD OF EXAMINERS; AND TO AMEND SECTION 11-5-210, AS AMENDED, RELATING TO FUNDING AND REVENUE REQUIREMENTS FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS, SO AS TO INCLUDE THE SOUTH CAROLINA RADIOLOGIC TECHNOLOGISTS BOARD OF EXAMINERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3440 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-635 SO AS TO REQUIRE NOTICE FOR THE RENEWAL OF AN ACCIDENT AND HEALTH INSURANCE POLICY TO BE GIVEN AT LEAST SIXTY DAYS BEFORE THE POLICY ANNIVERSARY DATE; AND TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND NONRENEWAL PROCEDURES FOR ACCIDENT AND HEALTH INSURANCE, SO AS TO INCREASE FROM THIRTY TO SIXTY THE NUMBER OF DAYS' NOTICE AN INSURER MUST GIVE WHEN NONRENEWING A POLICY.
Referred to Committee on Labor, Commerce and Industry.
H. 3441 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO ADMINISTRATIVE CHANGES IN PROCEDURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1780, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3442 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO EXPERIENCE MODIFICATION FOR STAFF LEASING SERVICES COMPANIES IN THE WORKERS' COMPENSATION ASSIGNED RISK PLAN, DESIGNATED AS REGULATION DOCUMENT NUMBER 1817, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3443 -- Labor, Commerce and Industry Committee: A BILL TO REPEAL SECTION 34-13-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM INVESTMENT OF A BANKING CORPORATION IN REAL ESTATE MORTGAGES.
Without reference.
H. 3444 -- Reps. Wilder, J. Harris, Haskins and Stoddard: A BILL TO AMEND SECTION 44-79-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE PHYSICAL FITNESS SERVICES ACT, SO AS TO REVISE THE DEFINITION OF PHYSICAL FITNESS SERVICES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3445 -- Reps. Wilder, Cromer, Sheheen, J. Harris, Neilson, Shissias, Stuart, Allison, Wells, Haskins and Stoddard: A BILL TO AMEND SECTION 20-7-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCURRENT JURISDICTION OF FAMILY COURTS AND MAGISTRATE AND MUNICIPAL COURTS FOR CERTAIN VIOLATIONS BY JUVENILES, SO AS TO INCLUDE VIOLATIONS OF LITTER LAWS.
Referred to Committee on Judiciary.
H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3447 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 47-3-730 AND 47-3-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRAINT OF DANGEROUS ANIMALS AND PENALTIES, SO AS TO REVISE THE REQUIREMENTS OF RESTRAINT AND AUTHORIZE THE USE OF A SECURITY BOND IN THE REGISTRATION OF DANGEROUS ANIMALS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3448 -- Reps. Spearman, McTeer and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-27 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON LAKE MURRAY IN CERTAIN AREAS AND PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3449 -- Reps. Law, H. Brown, Wofford, Dantzler, Williams, A. Young and Hutson: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, THE PROVIDING OF ELECTRIC SERVICE, AND THE SERVICE AREA OF THE AUTHORITY, SO AS TO FURTHER DESCRIBE THE AREA IN BERKELEY COUNTY WHICH IS NOT INCLUDED IN THE AUTHORITY'S PRESENT SERVICE AREA.
Rep. H. BROWN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. THOMAS objected.
Referred to Committee on Labor, Commerce and Industry.
H. 3450 -- Rep. Cato: A BILL TO AMEND SECTION 38-73-1420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE BOARD OF GOVERNORS OF THE SOUTH CAROLINA REINSURANCE FACILITY FILE AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT AFTER JUNE 30, 1995, AND ANNUALLY THEREAFTER, THE BOARD SHALL AUTHORIZE A LICENSED RATING ORGANIZATION APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO FILE WITH THE DIRECTOR AN EXPENSE COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE OR PREMIUM CHARGES AND A PURE LOSS COMPONENT FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE WRITTEN BY THOSE INSURERS DESIGNATED PURSUANT TO SECTION 38-77-590(A) FOR RISKS WRITTEN BY THEM THROUGH PRODUCERS DESIGNATED PURSUANT TO THAT SAME SECTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-1423 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT MEMBER INSURANCE COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS MAY UTILIZE DIFFERENT RATES FOR AUTOMOBILE INSURANCE COVERAGES IN ACCORDANCE WITH RATING PLANS FILED WITH AND APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND THAT THESE RATING PLANS MAY PROVIDE FOR DIFFERENT RATES AND RATING PLANS AMONG AFFILIATED COMPANIES AND DIFFERENT RATING TIERS WITHIN THE SAME COMPANY.
Referred to Committee on Labor, Commerce and Industry.
H. 3451 -- Reps. Cato, Tripp, S. Whipper, Hallman, Knotts, Fulmer, Townsend, Law, Trotter, Meacham, Mason, Wright, Herdklotz, Robinson, Allison, A. Young, Cooper, Hutson, Easterday, Kelley, Cromer, Klauber, J. Harris, Rice, Kirsh and Thomas: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS AND REQUESTS TO WITHDRAW REGULATIONS, SO AS TO REQUIRE AFFIRMATIVE APPROVAL OF REGULATIONS RATHER THAN ALLOWING THEM TO BECOME EFFECTIVE AFTER ONE HUNDRED TWENTY DAYS AND TO DELETE REFERENCES TO THE ONE-HUNDRED-TWENTY-DAY PERIOD.
Referred to Committee on Judiciary.
H. 3452 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 47-4-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIVESTOCK-POULTRY HEALTH COMMISSION, SO AS TO REVISE THE PROVISIONS EXECUTED BY THE COMMISSION; TO AMEND SECTION 47-4-20, RELATING TO DEFINITIONS PERTAINING TO THE COMMISSION, SO AS TO REVISE THE DEFINITION OF "PUBLIC LIVESTOCK MARKET"; TO AMEND SECTION 47-4-50, RELATING TO DISEASES IMPACTING THE LIVESTOCK-POULTRY INDUSTRY, SO AS TO CLARIFY A REFERENCE TO FEDERAL REGULATIONS; TO AMEND SECTION 47-4-60, RELATING TO REQUIREMENTS FOR CERTIFICATES OF VETERINARY INSPECTION, SO AS TO CORRECT PUNCTUATION; TO AMEND SECTION 47-4-110, RELATING TO COMMISSION EMPLOYEES, SO AS TO REVISE THE MAXIMUM NUMBER OF LIVESTOCK LAW ENFORCEMENT OFFICERS; TO AMEND SECTION 47-4-130, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE FINE; TO AMEND SECTION 47-11-140, AS AMENDED, RELATING TO VETERINARIANS SERVING AUCTION SALES AT PUBLIC LIVESTOCK MARKETS, SO AS TO REVISE THE REQUIREMENTS FOR PROVISION OF SERVICE BY VETERINARIANS; AND TO AMEND SECTION 47-13-30, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS, SO AS TO CORRECT A REFERENCE IN THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3453 -- Reps. Riser, Hines, Inabinett, Rhoad and Witherspoon: A BILL TO AMEND SECTION 46-9-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES PERTAINING TO THE STATE CROP PEST COMMISSION, SO AS TO REVISE THE PENALTIES AND THE PROVISIONS TO WHICH THEY APPLY; AND TO AMEND SECTION 46-13-80, RELATING TO LICENSES UNDER THE PESTICIDE CONTROL ACT, SO AS TO REVISE THE RENEWAL DATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3454 -- Reps. McElveen, G. Brown, Canty, Neal and J. Young: A BILL TO AMEND SECTION 8-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATORY TIME FOR WORKING ON LEGAL HOLIDAYS, SO AS TO AUTHORIZE COMPENSATORY TIME FOR STATE EMPLOYEES WHO PERFORM INSPECTIONS OF BUSINESSES OR COMPANIES WHICH OPERATE ON LEGAL HOLIDAYS.
Referred to Committee on Ways and Means.
H. 3455 -- Reps. Witherspoon and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-39-75 SO AS TO PROVIDE REQUIREMENTS FOR ITEMS PURCHASED BY A PAWNBROKER.
Referred to Committee on Labor, Commerce and Industry.
H. 3456 -- Reps. Witherspoon, Hutson, Riser, Kelley and Harrell: A BILL TO AMEND SECTION 40-39-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTANCE BY PAWNBROKERS OF PROPERTY TO PAWN, SO AS TO PROVIDE FOR THE RETURN OF LOST OR STOLEN PROPERTY WITHOUT CHARGE.
Referred to Committee on Labor, Commerce and Industry.
S. 116 -- Senator Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-5-385 SO AS TO PROVIDE THAT ATTORNEYS-AT-LAW LICENSED TO PRACTICE IN OTHER STATES OR JURISDICTIONS BUT NOT IN SOUTH CAROLINA MAY PROVIDE PRO BONO LEGAL SERVICES TO INDIGENT CITIZENS OF THIS STATE IN THE MANNER PROVIDED BY RULE OF THE SUPREME COURT.
Referred to Committee on Judiciary.
S. 316 -- Senator Courtney: A BILL TO AMEND SECTION 16-17-495, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSPORTING A CHILD UNDER SIXTEEN YEARS OF AGE OUTSIDE OF THE STATE WITH INTENT TO VIOLATE A CUSTODY ORDER, SO AS TO REVISE THE PENALTIES.
Referred to Committee on Judiciary.
S. 322 -- Senator Rose: A JOINT RESOLUTION RATIFYING AN AMENDMENT TO SECTION 24, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LAW ENFORCEMENT OFFICIALS, PROSECUTORS, ADMINISTRATIVE OFFICERS, AND THE ATTORNEY GENERAL, SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY MAY PROVIDE BY LAW FOR THE AGE AND QUALIFICATIONS OF CORONERS.
Referred to Committee on Judiciary.
S. 422 -- Senator Setzler: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAYS OF DECEMBER 15 AND 16, 1994, MISSED BY THE STUDENTS OF BUSBEE MIDDLE SCHOOL OF LEXINGTON COUNTY SCHOOL DISTRICT TWO IN LEXINGTON COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO AIR QUALITY PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. GAMBLE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Herdklotz Hines Howard Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, February 1.
James H. Hodges Donald W. Beatty Larry L. Elliott Thomas E. Huff
LEAVE OF ABSENCE
The SPEAKER granted Rep. SCOTT a temporary leave of absence.
I was temporarily absent to attend a Richland County Zoning Commission meeting concerning a landfill in the Highland Forest community and Fairlawn community concerning zoning change for towing service.
Rep. JOHN L. SCOTT, JR.
Announcement was made that Dr. C. Tucker Weston of Columbia is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 3205 -- Reps. Stuart, Riser and Koon: A BILL TO PROVIDE THAT BEGINNING WITH THE 1996 ELECTION, MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1 MUST BE RESIDENTS OF SEVEN DEFINED ELECTION DISTRICTS AND ELECTED FROM THE SCHOOL DISTRICT AT LARGE, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1996, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.
Rep. KNOTTS moved to adjourn debate upon the Bill until Tuesday, February 14.
Rep. KOON moved to table the motion, which was agreed to by a division vote of 3 to 2.
Rep. STUART proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21317SD.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, beginning with the 1996 election, the Board of Trustees of Lexington County School District 1 consists of seven members who must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years in the manner hereinafter provided. One member of the board must be a resident of Election District 1 established in Section 3 of this act, one member must be a resident of Election District 2, and five members must be residents of Election District 3. Each of these seven members shall be elected from the school district at large by the qualified electors of the school district. Members of the board shall be elected for four-year terms and until their successors are elected and qualify, except that of the seven members elected in 1996, three members residing in Election District 3 shall serve initial terms of two years each and the member residing in Election District 1, the member residing in Election District 2, and two members residing in Election District 3 shall serve initial terms of four years each. The initial terms of the five members of the board residing in Election District 3 shall be determined by the number of votes received, with the two members receiving the highest number of votes to serve initial four-year terms, and the three members receiving the next highest number of votes to serve initial two-year terms. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within ten months of a regular trustee election. In this case, the vacancy must be filled for the remainder of the unexpired term or for a full term as appropriate at the next regular election.
Each member of the board must be elected by the qualified electors of the school district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the election district in which he resides and from which election is sought, and other information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. If no candidate offers for election from Election Districts 1 or 2 and thereafter no candidate is certified as elected from Election Districts 1 or 2 or if a sufficient number of candidates do not offer for election from Election District 3 and thereafter a sufficient number of candidates are not certified as elected from Election District 3 in any election, the board shall appoint the member or these members of the board to serve for the specified term. The expenses of the election must be paid by the district. The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
The members of the board serving in office on the date of the 1996 election shall continue to serve until the members elected in the 1996 election qualify and take office, at which time the terms of these members of the board then serving shall expire.
SECTION 2. Three members of the board of trustees of Lexington County School District 1 shall be elected in 1995 in a special nonpartisan election to be held on the second Tuesday in May of 1995 if the United States Department of Justice has precleared this special election under the federal voting rights act by the date the filing period opens in April as hereinafter provided, or if a court of competent jurisdiction has authorized this special election by this date. If the United States Department of Justice has not precleared this special election under the federal voting rights act by the date the filing period opens in April, or if a court of competent jurisdiction has not authorized this special election by this date, this special election must be held on the second Tuesday in September of 1995. These members shall be elected to fill the seats occupied by the three present members of the board whose terms were scheduled to expire in 1994 but who now serve in a hold-over capacity because the 1994 election to elect their successors was enjoined by a court of competent jurisdiction. This special election must be conducted by the county election commission in the same manner provided in Section 1 of this act and the procedures therein provided apply to this special election mutatis mutandis, except that these three members must be elected from the school district at large by the qualified electors of the school district without regard to residency in any particular election district and except that the filing period for this special election opens on the first Tuesday in April at noon to run for two weeks if the United States Department of Justice has precleared this special election under the federal voting rights act by this date, or if a court of competent jurisdiction has authorized this special election this date. If such is not the case, the filing period for this special election opens on the first Tuesday in August at noon to run for two weeks.
The three present members of the board serving in a hold-over capacity shall serve until the three members elected in this 1995 special election qualify and take office, at which time these hold-over members shall cease being members of the board. The members of the board elected at this special election in 1995 shall serve until their successors elected in the 1996 election qualify and take office, at which time their terms shall expire.
SECTION 3. The three defined election districts from which members of the board of trustees of Lexington County School District 1 must reside beginning in 1996 are as follows:
DISTRICT 1
Area Population
Lexington County
BOILING SPRINGS
Tract 0209.00
Blocks: 123, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 280, 281, 608, 609, 610, 611, 612, 613, 614, 615, 616, 617, 622 1,344
Tract 0210.09
Blocks: 231, 232, 233, 234, 236, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 249, 250, 251, 252, 253, 254, 255, 256, 257 738
EDMUND
Tract 0209.00
Blocks: 185, 186, 187, 208, 209, 210, 211, 212, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 244, 245, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 278, 279, 282, 283, 284, 285, 286, 287, 288, 289, 290, 291, 292, 293, 294, 295, 296, 297, 336, 337, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 357, 363 1,356
FAIRVIEW 555
MACK EDISTO
Tract 0209.00
Blocks: 536, 537, 539, 540, 541, 542, 544, 545, 546, 547, 548, 549, 550, 551, 552, 567, 569, 570, 571, 572, 573, 574, 575, 576 145
PELION
Tract 0209.00
Blocks: 358, 360, 361, 362, 364, 365, 366, 367, 368, 371, 378, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 423, 424, 425, 435, 436, 437A, 437B, 437C, 438, 439, 440, 441, 442, 443, 444A, 444B, 444C, 445, 446, 447A, 447B, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 462, 463, 501, 502A, 502B, 502C, 503, 504A, 504B, 505A, 505B, 506A, 506B, 507A, 507B, 508A, 508B, 509A, 509B, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 538, 543, 584, 585, 601, 602, 603A, 603B, 603C, 603D, 604, 605, 606, 607, 618, 619, 620, 621, 623, 624A, 624B, 625, 626A, 626B, 626C, 626D, 626E, 626F, 626G, 626H, 626J, 627, 628, 629, 630, 631, 632, 633, 634, 635, 636A, 636B, 636C, 636D, 637A, 637B, 637C, 638, 639, 640, 641, 642, 643, 644, 645, 646, 647, 668, 669, 670, 671, 672, 673, 674A, 674B, 674C, 674D, 674E, 675, 676, 677, 678, 679, 680, 681, 682, 683, 684 2,682
POND BRANCH
Tract 0213.00
Blocks: 901, 902, 903, 904, 905, 906, 907, 908, 909, 914, 915, 916, 917, 918, 919, 920, 921, 922, 940, 942, 943, 944, 945, 946, 953, 954, 958, 959, 960, 961, 962, 963, 964, 970, 971, 972, 973, 983, 984, 985, 991, 992, 996, 997 456
ROUND HILL
Tract 0210.04
Blocks: 238 2
SHARPES HILL
Tract 0209.00
Blocks: 356, 359, 369, 370, 373, 374, 375, 376, 377, 402, 403 160
DISTRICT TOTAL 7,438
DISTRICT 2
Area Population
Lexington County
BOILING SPRINGS
Tract 0213.00
Blocks: 817, 818, 819, 820, 868, 869, 870 280
CRAPPS STORE 589
GILBERT 1,671
HOLLOW CREEK
Tract 0213.00
Blocks: 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 192, 193, 194, 195, 196, 197, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 506, 507, 508, 509, 510, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545 1,636
LEESVILLE
Tract 0213.00
Blocks: 687, 688, 760, 761, 768, 769, 770, 771, 772, 773, 774, 775, 777, 778, 779, 780, 781, 782, 783, 784, 785, 786, 787, 790, 791, 792, 793, 794, 795, 796, 797 414
Tract 0214.00
Blocks: 669, 670, 701, 729, 730 50
POND BRANCH
Tract 0213.00
Blocks: 808, 809, 810, 811, 815, 816, 821, 822, 823, 824, 825, 826, 827, 828, 829, 830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845, 846, 847, 848, 849, 850, 851, 856, 857, 858, 859, 860, 861, 862, 863, 864, 865, 866, 867, 871, 872, 873, 874, 875, 876, 877, 878, 879, 880, 881, 882, 883, 884, 886, 887, 888, 889, 890, 891, 897 1,234
RIDGE ROAD
Tract 0213.00
Blocks: 420, 421, 438, 439, 440, 441, 443 58
Tract 0214.00
Blocks: 112 15
ROUND HILL
Tract 0213.00
Blocks: 630, 641, 655, 658, 659, 660, 661 150
SUMMIT 1,307
DISTRICT TOTAL 7,404
DISTRICT 3
Area Population
Lexington County
BOILING SPRINGS
Tract 0210.09
Blocks: 213, 214, 215, 217, 218, 219, 220, 221, 226, 227, 228, 229, 230, 237 164
CROMER 6,290
EDMUND
Tract 0209.00
Blocks: 103, 104, 105, 106, 107, 111, 112, 113, 114, 116, 117, 118, 119, 120, 121, 122, 124, 125, 126, 127, 128, 129, 131, 194, 196, 197 681
EMMANUEL CHURCH
Tract 0210.08
Blocks: 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 601, 602, 603, 604, 605, 606, 613, 615, 616, 617, 618, 619, 620, 621, 622, 623, 624, 625, 626, 627, 628, 629, 630, 631, 632, 633 2,225
HOLLOW CREEK
Tract 0213.00
Blocks: 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191, 501, 502, 503, 504, 505, 511, 512, 513, 514, 515, 516, 517, 518 467
LAKE MURRAY 1,935
LAKESIDE 2,421
LEXINGTON 1 5,740
LEXINGTON 2 3,513
MOUNT HOREB 2,649
OLD BARNWELL STORE
Tract 0206.02
Blocks: 907A, 907B 340
Tract 0210.08
Blocks: 201, 202, 208, 209, 210, 211, 218, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320 2,767
RED BANK SOUTH 2,777
RED BANK 5,117
ROUND HILL
Tract 0210.04
Blocks: 206, 207, 208, 210, 211, 212, 213, 214, 215, 216, 217, 224, 225, 226, 227, 228, 229, 230, 233, 234, 235, 236, 237 829
Tract 0213.00
Blocks: 601, 602, 631, 632, 633, 634, 635, 636, 637, 638, 656, 657, 662, 801, 802 430
DISTRICT TOTAL 38,345
SECTION 4. If a member of the board of trustees of Lexington County School District 1 beginning with the 1996 election moves his residence from the election district in which he resided at the time of his election, his office becomes vacant automatically.
SECTION 5. Act 217 of 1993 is repealed.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS spoke against the amendment.
The amendment was then adopted by a division vote of 3 to 2.
Rep. KNOTTS proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\JIC\5340CM.95).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Notwithstanding any other provision of law, the Board of Trustees of Lexington County School District 1 consists of seven members who, except for the 1995 special election, must be elected in nonpartisan elections to be held at the same time as the general election in even-numbered years beginning in 1996 in the manner hereinafter provided. Each member of the board must be a resident of the school district and shall be elected by the qualified electors of the school district at large a specifically numbered seat. Each seat on the board shall be numbered and candidates must file for and be elected from a specifically numbered seat. The three seats on the board to be filled in the 1995 special election as provided in Section 2 of this act are designated as Seats 1, 2, and 3, respectively, and the remaining four seats which shall be filled in the 1996 election are designated as Seats 4, 5, 6, and 7, respectively. The members elected in the 1995 special election shall serve until the three members from those seats elected in the 1996 election qualify and take office. At the 1996 election, members elected from Seats 1, 2, and 3 shall serve four-year terms and members elected from Seats 4, 5, 6, and 7 shall serve two-year terms. Thereafter, all members shall be elected for four-year terms. Members of the board shall serve until their successors are elected and qualify. In the event of a vacancy on the board occurring for any reason other than expiration of a term, the board shall call a special election to fill the unexpired term, so long as the vacancy does not occur within six months of a regular trustee election. In this case, the vacancy must be filled for the remainder of the unexpired term or for a full term as appropriate at the next regular election.
Each member of the board must be elected at large for a specifically numbered seat by the qualified electors of the school district. All persons desiring to qualify as a candidate shall file written notice of candidacy with the county election commission, or with the clerk of court on forms furnished by the commission which forms must be transmitted to the commission by the clerk of court. This notice of candidacy must be a sworn statement and must include the candidate's name, age, residence address, voting precinct, period of residence in the school district, seat for which he is filing, and other information as the county election commission requires. The filing period opens on the first Tuesday in September at noon to run for two weeks.
The county commissioners of election shall conduct and supervise the elections for members of the board in the manner governed by the election laws of this State, mutatis mutandis. The commissioners shall prepare the necessary ballots, appoint managers for the voting precincts, and do all things necessary to carry out the elections, including the counting of ballots and declaring the results. The commission shall publish notices of the time, polling places, and purpose of the election in a newspaper of general circulation within the district once a week for at least two successive weeks before the election. The results of the elections must be determined by the nonpartisan plurality method as contained in Section 5-15-61 of the 1976 Code. The expenses of the election must be paid by the district.
The members of the board elected in these nonpartisan elections shall take office one week following certification of their election as provided in Section 59-19-315 of the 1976 Code.
SECTION 2. Three members of the board of trustees of Lexington County School District 1 from Seats 1, 2, and 3 shall be elected in 1995 in a special nonpartisan election at large to be held on May 2, 1995, if the United States Department of Justice has precleared this special election under the federal voting rights act by the date the filing period opens in April as hereinafter provided, or if a court of competent jurisdiction has authorized this special election by this date. If the United States Department of Justice has not precleared this special election under the federal voting rights act by the date the filing period opens in April, or if a court of competent jurisdiction has not authorized this special election by this date, this special election must be held on the second Tuesday in September of 1995. These members shall be elected to fill the seats occupied by the three present members of the board whose terms were scheduled to expire in 1994, but who now serve in a holdover capacity because the 1994 election to elect their successors was enjoined by a court of competent jurisdiction. This special election must be conducted by the county election commission in the same manner provided in Section 1 of this act and the procedures therein provided apply to this special election mutatis mutandis, except that the filing period for this special election opens on the first Tuesday in April at noon to run for two weeks if the United States Department of Justice has precleared this special election under the federal voting rights act by this date, or if a court of competent jurisdiction has authorized this special election by this date. If such is not the case, the filing period for this special election opens on the first Tuesday in August at noon to run for two weeks.
The three present members of the board serving in a holdover capacity shall serve until the three members elected in this 1995 special election qualify and take office, at which time these holdover members shall cease being members of the board. The members of the board from Seats 1, 2, and 3 elected at this special election in 1995 shall serve until their successors from Seats 1, 2, and 3 are elected in the 1996 election and qualify and take office, at which time their terms shall expire.
SECTION 3. Act 217 of 1993 is repealed.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Further proceedings were interrupted by expiration of time on the local uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. KNOTTS having the floor.
Rep. RICHARDSON moved that the House recur to the morning hour, which was rejected.
The following Bill was taken up.
H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS BE PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE INSTRUCTION OF VOTERS.
Reps. WHITE and McTEER proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PT\1677DW.95), which was adopted.
Amend the bill, as and if amended, in SECTION 1, Section 7-13-1640, Page 2, beginning on Line 18, by adding subsection (C) to read:
/(C) A machine must provide the voter with the opportunity to write in the name of a person for whom he wishes to vote. The State Election Commission must establish and publicize a policy for all county election commissions where the machine or model will be made available in a public location during regular hours before an election and where the method of casting a write-in vote using the machine can be demonstrated to interested citizens by election commission personnel./
Amend totals and title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
Rep. HARRISON explained the Bill.
H. 3107 -- Reps. Sheheen and S. Whipper: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 18 SO AS TO PROVIDE FOR THE PROCEDURES APPLICABLE FOR THE VARIOUS RETIREMENT SYSTEMS IN ACTING ON JUDICIAL ORDERS PROVIDING FOR ALIMONY OR MARITAL PROPERTY RIGHTS AFFECTING CERTAIN BENEFITS PAYABLE BY THE SYSTEM.
Rep. SHEHEEN explained the Bill.
H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: A BILL TO AMEND SECTION 14-7-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAMES OF THOSE WHO ARE DRAWN AND SERVE AS JURORS, SO AS TO PERMIT A PERSON WHOSE NAME HAS BEEN PROPERLY DRAWN TO SERVE MORE THAN ONCE EVERY THREE YEARS.
Rep. HARRISON explained the Bill.
H. 3165 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Klauber, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Hines, Stuart, Baxley, Clyburn, Lloyd and Cotty: A BILL TO AMEND SECTION 2-1-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJOURNMENT OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE DATE FOR THE MANDATORY ADJOURNMENT OF THE GENERAL ASSEMBLY FROM THE FIRST THURSDAY IN JUNE TO THE SECOND THURSDAY IN MAY, AND PROVIDE THAT IN ANY YEAR THAT THE HOUSE OF REPRESENTATIVES FAILS TO GIVE THIRD READING TO THE APPROPRIATIONS BILL BY MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THE DATE OF ADJOURNMENT IS EXTENDED BY ONE STATEWIDE DAY FOR EACH STATEWIDE DAY AFTER MARCH FIFTEENTH, RATHER THAN MARCH THIRTY-FIRST, THAT THE HOUSE FAILS TO GIVE THE BILL THIRD READING.
Rep. D. SMITH explained the Bill.
H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
Rep. NEAL explained the Bill.
H. 3143 -- Reps. D. Smith, Inabinett, Kelley, Seithel and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-130 SO AS TO PROVIDE FOR GOLF WEEK.
Rep. HARRISON explained the Bill.
H. 3405 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION, RELATING TO DISQUALIFICATION AND SUSPENSION FROM PARTICIPATION IN CONTRACTS WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1772, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. A. YOUNG explained the Joint Resolution.
The following Joint Resolution was taken up.
H. 3164 -- Reps. Wilkins, Bailey, H. Brown, J. Brown, Cato, Cobb-Hunter, Davenport, Delleney, Fulmer, Gamble, Hallman, P. Harris, Harrison, Harrell, Harvin, Herdklotz, Hutson, Inabinett, Jennings, Keyserling, Kinon, Knotts, Limbaugh, McElveen, Meacham, Neilson, Rhoad, Richardson, Robinson, Sandifer, Sharpe, Shissias, D. Smith, R. Smith, Stuart, Tripp, Tucker, Vaughn, Walker, Wells, Whatley, Wofford, A. Young, J. Young, Fair, Allison, Simrill, Stille, Fleming, Kelley, Haskins, Witherspoon, Cain, Baxley, Lloyd and Cotty: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR ANNUAL SESSIONS OF THE GENERAL ASSEMBLY COMMENCING AT VARYING TIMES IN EVEN-NUMBERED YEARS AND ODD-NUMBERED YEARS AND FOR AN ORGANIZATIONAL SESSION FOR THE SENATE IN CERTAIN YEARS, DELETE CERTAIN OBSOLETE LANGUAGE, PROVIDE FOR ELECTION OF OFFICERS OF THE GENERAL ASSEMBLY, PROVIDE FOR CERTAIN MEETINGS FOR THE INTRODUCTION AND REFERRAL TO COMMITTEE OF LEGISLATION, AND PROVIDE FOR CERTAIN COMMITTEE MEETINGS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 9, Article III of the Constitution of this State be amended to read:
"Section 9. The annual session of the General Assembly heretofore elected, fixed by the Constitution of the year Eighteen hundred and Sixty-eight to convene on the fourth Tuesday of November, in the year Eighteen hundred and ninety-five, is hereby postponed, and the same shall be convened and held in the city of Columbia on the second Tuesday of January, in the year Eighteen hundred and Ninety-six. The first session of the General Assembly elected under this Constitution shall convene in Columbia on the second Tuesday in January, in the year Eighteen hundred and Ninety-seven, and thereafter annually at the same time and place. Provided, That the House of Representatives shall meet on the first Tuesday following the certification of the election of its members for not more than three days following the general election in even-numbered years for the purpose of organizing. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session. Provided, That this limitation shall not affect the first four sessions of the General Assembly under this Constitution. The annual session of the General Assembly shall convene at the State Capitol in the city of Columbia on the second Tuesday of January in even-numbered years and on the second Tuesday in February in odd-numbered years. The Senate and the House of Representatives shall meet on the first Tuesday following the certification of the election of their respective members for not more than three days following the general election in even-numbered years for the purpose of organizing and elections. Officers of the General Assembly, including the Speaker of the House and the President Pro Tempore of the Senate, and committee chairmen must be elected during the organizational session. During odd-numbered years, the presiding officers of the House and Senate shall convene on the second Tuesday in January for not more than two days for the limited purpose of accepting any bills or resolutions introduced by any member and referring any bills or resolutions to the appropriate committee which may then consider them at such times as the committee meets. Should the casualties of war or contagious disease render it unsafe to meet at the seat of government, then the Governor may, by proclamation, appoint a more secure and convenient place of meeting. Members of the General Assembly shall not receive any compensation for more than forty days of any one session."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Shall Section 9, Article III of the Constitution of this State be amended so as to provide for annual sessions of the General Assembly commencing at varying times in even-numbered years and odd-numbered years and for an organizational session for the Senate in certain years, delete obsolete language, provide for election of officers of the General Assembly, provide for certain meetings for the introduction and referral to committee of legislation, and provide for certain committee meetings?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. D. SMITH explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Baxley Boan Brown, H. Brown, J. Brown, T. Byrd Cain Carnell Cato Cave Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Harris, J. Harris, P. Harrison Harvin Harwell Haskins Herdklotz Hines Howard Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McCraw McElveen McKay McTeer Meacham Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. Wilder Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Breeland Brown, G. Chamblee Kirsh McAbee McMahand Moody-Lawrence Williams
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
H. 3116 -- Reps. Cato and Meacham: A BILL TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SAFETY REQUIREMENTS FOR PERSONS WATER SKIING OR RIDING ON A SURFBOARD OR SIMILAR OBJECT, SO AS TO CHANGE THE REFERENCE TO SURFBOARD TO KNEEBOARD, PROVIDE FOR THE REQUIREMENTS TO APPLY TO PERSONS BEING TOWED BY A MOTORIZED WATERCRAFT, CLARIFY THE DEFINITION OF PERSONAL FLOTATION DEVICE REQUIREMENTS, AND EXEMPT SURFBOARDERS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7095BDW.95), which was adopted.
Amend the bill, as and if amended, Section 50-21-850(A), page 1, line 29, by striking /a surfboard kneeboard or similar/ and inserting /a surfboard or similar any/ so that when amended the subsection reads:
/(A) No person shall may water ski or ride on a surfboard or similar any object being towed by a motorized watercraft unless he is wearing a ski belt, a life preserver, or similar equipment which will keep the person afloat should he fall or be thrown into the water United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly in good and serviceable condition, and the proper size for the person wearing it./
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3199 -- Rep. Koon: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS TO ASSESS THE IMPACT ON THE STATE FOR DEVELOPING FIELD TRIAL FACILITIES AND TO DEVELOP A PLAN FOR THE FACILITIES; TO PROVIDE FOR THE MEMBERS OF THE COMMISSION AND AN ADVISORY COMMITTEE; TO AUTHORIZE CONSULTATION WITH PUBLIC AND PRIVATE AGENCIES AND ORGANIZATIONS; AND TO PROVIDE REPORTING REQUIREMENTS AND FOR TERMINATION OF THE COMMISSION JANUARY 1, 1997.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7096BDW.95), which was adopted.
Amend the resolution, as and if amended, subsection (D), page 2, lines 9 and 13, by striking /1997/ and inserting /1999/ so that when amended the subsection reads:
/(D) By January 1, 1999, the commission shall submit its findings and state plan to the Governor, the Senate Agriculture and Natural Resources Committee, and the House Agriculture, Natural Resources and Environmental Affairs Committee. The commission terminates January 1, 1999, unless extended by the General Assembly./
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
Rep. SHARPE proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\9831BDW.95), which was adopted.
Amend the resolution, as and if amended, SECTION 1, subsection (B), page 1, beginning on line 40, by striking /chair of the South Carolina Wildlife and Marine Resources Commission/ and inserting /Director of the South Carolina Department of Natural Resources/, or their designees.
Amend further, SECTION 1, subsection (C), page 2, line 6, after /Commission,/ by inserting /the Department of Parks, Recreation and Tourism,/.
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
Rep. WITHERSPOON explained the Joint Resolution.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3361 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
Rep. SHEHEEN: "If I have a Point of Order on Section 1, I should raise it now?"
SPEAKER WILKINS: "You can raise it as an amendment comes up... We are going to take up the amendments before we adopt the section."
Rep. SHEHEEN: "I understand, but I have got a problem, because my Point of Order deals with some of the things in Section 1 and if you sustain my Point of Order, then that makes a difference on what amendment we vote on. You know what the Point of Order is, I gave it to you last Thursday so you could be prepared. I'll raise it now if that is alright with you."
SPEAKER WILKINS: "Yes sir."
Rep. SHEHEEN: "Mr. Speaker, I would raise the Point on Section 1 that Items 2, 3, 4, 6 and 9 violate Section 11-11-140 of the South Carolina Code of Laws which says that surplus monies may only be appropriated for non-recurring expenditures."
SPEAKER WILKINS: "Subsections 2, 3, 4, 6 and 9?"
Rep. SHEHEEN: "Yes, Subsections 2, 3, 4, 6 and 9 and I will address each one of those separately for you. Section 2 appropriates the money for the Coordinating Council on Economic Development. If you look at the General Appropriations Act of 1994-95 which is Act No. 497, you will not find any appropriation in that Act for the Coordinating Council for Economic Development. Rather, if you will look at the gas tax law which was passed sometime ago, the first 18 million dollars of the additional three cents gas tax goes into a fund for the Coordinating Council for Economic Development and it is a recurring item under the general statutory laws for expenditures by the Coordinating Council on Economic Development and the Ways and Means Committee is substantiating information that it was offered to us and that that fund had fallen short this year and they needed additional monies for their normal operating expenditures out of that fund. On Item No. 3, the Technical Education Commission Special Schools, if you will look in the Act, No. 497, which is the General Appropriations Act for this year, on Page 178, you will find a normal operating expenditure for TEC, for special schools. There is a shortage apparently in those funds which are expended as normal operating funds each year and this is to supplement that normal operating fund and some 5 to 7 million dollars appropriated in the General Appropriations Act each year. On Item No. 4, it says it is for operating money, so I didn't bother to isolate that. On Item No. 6, if you will look on Page 266 of Act 497, dealing with Department of Corrections, you will, I am told in the substantiating information that is offered from the Department of Corrections that that is the training of new officers to be located and personnel to be located at Ridgeland institutions. If you look at Page 266 in the Department of Corrections, you will find an appropriation for the training of new officers and new FTE's as a normal operating portion of their budget. On Item No. 9, the Higher Education Formula, if you look at the Commission on Higher Education on page 96, you will see a normal operating appropriation for the Higher Education Fund for formula distribution in Act No. 497 and that is an increase on Page 96 in that fund, which is a normal operating procedure, the formula distribution through the Commission on Higher Education. Section 11-11-140 says that surplus monies can only be spent for non-recurring expenditures and by the substantiating documentation that has been offered to the Ways and Means Committee, for each one of these agencies, those items which I have identified to you, I interpret, as operating funds and increases in operating funds. In addition to that, Section 11-11-410 also deals with the spending limitation and surplus monies that come in over and above the spending limitation and how you spend those. The only way I can tell you whether or not this money violates Section 11-11-410, which is a special category of surplus monies over and above the spending limitation that is defined for this Bill and every bill which spends surplus monies that comes out of Ways and Means Committee..."
SPEAKER WILKINS: "Section 11-11-140 (d) requires the Appropriations and the Supplemental Appropriations to be for non-recurring expenditures and you also cite 11-11-410 as another basis for that restriction?"
Rep. SHEHEEN: "Yes sir, I do, but 11-11-410 is not nearly as specific as 11-11-140. 11-11-140 is pretty specific about recurring and non-recurring. 11-11-410 says that when we have surplus monies, we can only spend them if the surplus monies that are generated by the preceding sections which is the spending limitation on state government, in a certain way, the surplus is generated. There is no way for me to know whether this Resolution violates that unless the Committee by some sort of certificate or the Budget and Control Board Division certifies that the spending limitation has not been reached and that these funds are not generated as a result of that spending limitation being reached and being over there. I can't make a judgement on that and the Point of 11-11-410 is that there has got to be some determination by somebody else before we can even take the Resolution up as to whether or not that section applies."
SPEAKER WILKINS: "Mr. Quinn, you wish to be heard on the Point of Order?"
Rep. QUINN: "Yes, Mr. Speaker, I think Mr. Sheheen has made a number of Points. The first one that I will go ahead and address is on the cap and there is a report that I sent up to your desk, which the Budget and Control Board puts together, that lists exactly what the capacity for the General Assembly to raise the revenue is in this particular year and we are well below that. I think it is well over a billion dollars, if we could raise it before we go over the cap. So, I think that pretty much addresses that Point of Order."
SPEAKER WILKINS: "So, you say that the documentation from the Budget and Control Board says that we have not exceeded the cap?"
Rep. QUINN: "Yes sir, they produce a capacity limit for us every year and that is in the book I just mentioned. Now, on the 11-11-140, he made a bunch of different Points regarding this Section and if I could, I would like to throw one thing out to you, and if you don't feel strongly about it, let me know, so I can give you my other arguments. I was supportive of this bill when it came to us as the Carnell/Felder amendment or bill and basically the Carnell/Felder act allowed for certain processes for us to handle the General Appropriations and Surplus. If you look in Section 2 of that Act, it says that this Act takes effect upon approval by the Governor and first applies with respect to appropriations for fiscal year 1994-95. So, in effect, the process that we laid down in Carnell/Felder, does not begin until the 94-95 budget. These funds are from the 93-94 fiscal year. So, it is in effect the year before this Bill would actually begin to apply."
SPEAKER WILKINS: "Alright, anyone else wish to be heard?"
Rep. MARCHBANKS: "Mr. Speaker, if this Point of Order is sustained, would that rule invalid previous years actions when we have done essentially the same thing that we are doing now?"
SPEAKER WILKINS: "No sir and the Section that, one of the Sections that Mr. Sheheen cites, 11-11-140, was passed in 1993, so to my knowledge, this Point of Order has never been raised before on that basis. But, it would apply only to this Resolution obviously and would not be retroactive. Anyone else wish to be heard? Mr. Sheheen?"
Rep. SHEHEEN: "I would like to respond to Mr. Quinn's Point about 94-95. That deals with Subsection E in making recommendations on any budget which is formed and does not deal with Subsection D. Subsection D was effective June 15, 1993 when the Act was signed by the Governor and it says appropriations from surplus. It doesn't have a limiting clause on that surplus, it says appropriations from surplus may not be made before the first meeting of the General Assembly following the Comptroller General's closing the books on the fiscal year in which the surplus occurred and may be appropriated only for non-recurring purposes. There is no limitation in that Section at all."
Rep. QUINN: "Mr. Speaker, I am not a lawyer, but if you look at it, if you look at the Act itself, it says time effective, and it is directly under the section that he is listing and in fact, the time effective is in a whole separate section that would appear to me to address really everything, (C), (D) and (E) for that matter. I don't know how it could comply to (E) and not (D)."
SPEAKER WILKINS: "Mr. Sheheen, 11-11-410 first, I think that is the easiest one to deal with. The Constitutional spending cap legislation, Article X, Section 7, was the cap. Then we had statutes to implement that spending limitation back in 1984. So, the way I read Section 11-11-410 (F), that last sentence is the one you relied on for the purposes of this Section, surplus funds means portion of revenues as defined in Subsection A over and above revenue authorized for appropriations in Subsection B. The way I read that, Subsection (F) is if we are over the spending cap, then surplus funds collected in that year can be used for these specific things and it lists about five items that surplus funds can be used for, but it applies only when you exceed the spending cap. There certainly has been no information provided to me that indicates to me that we have exceeded the spending cap. The information that I have obtained through the Ways and Means Committee indicates that we are well below the Constitutional spending cap. In the letter which Mr. Brown just handed me, the Budget and Control Board indicates that we have not exceeded the spending capacity, so I don't think Section 11-11-410 applies in this situation."
Rep. SHEHEEN: "Mr. Speaker, my only Point with 410 was that I didn't know, and couldn't know unless somebody from the Budget and Control Board provided that."
SPEAKER WILKINS: "Yes sir, alright now, now dealing with Section 11-11-140. The information that I have asked Ways and Means to provide me indicates that the Resolution projects to appropriate $38,000,778. $22,374,000 came from surplus funds from the 93-94 budget year. The other $16,000,413 came from monies picked up when the vetoes on the supplemental appropriations were sustained and that dealt with monies appropriated in 93-94 year. You agree with that?"
Rep. SHEHEEN: "Yes sir, but when the vetoes were sustained, all of that money becomes surplus money because it is unappropriated. It is money collected over and above the actual appropriation that has been authorized. So, the total $38,787,000 is surplus money."
SPEAKER WILKINS: "Do you agree with me that the Act that contains Section 11-11-140, Act 162, provides this Act takes effect upon approval of the Governor and first applies with respect to appropriations for fiscal year 94-95?"
Rep. SHEHEEN: "What you have to do is look at what is codified because that has been adopted as the Code of Laws of South Carolina and we have ratified that Act and the supplement has now been ratified as the official law. And if you look at Section 11-11-140, that provision about 94-95 budget year only deals with Subsection (E), there is no limitation on any others. The Code says that that Act was effective June 15, 1993."
SPEAKER WILKINS: "You agree with me that you can go back and look at the Act and see what the legislative intent was, don't you?"
Rep. SHEHEEN: "I don't think you have the right to determine legislative intent. That is a doctrine the Court uses when they determine it. I think you have got to take the plain language of the statute and apply it in here."
SPEAKER WILKINS: "You don't think I can look at the Act and take it's plain language?"
Rep. SHEHEEN: "If the Act is in conflict with the Code and we have adopted the supplement for the Code as the law, then I think you are bound by the Code."
Rep. HASKINS: "Mr. Speaker, I might be wrong, but I do recall adopting the Act, but I don't recall adopting the Code version of the Act and if Mr. Sheheen can point out when we adopted the Code version of the Act as being controlling, then I would agree with him, but we adopted the Act, and if it were codified incorrectly, then we should not be bound by the codification."
Rep. FELDER: "Mr. Speaker, if you read the supplement and Subsection (D) here, it clearly says that it is following the Comptroller General's closing of the books on the fiscal year, the fiscal year in which the surplus occurred and that would have been 93-94. (D) applies to 93-94 because in this case, this is the year 93-94, so therefore, it is itself an exemption from 94-95 provision. The fiscal year itself has got to be 93-94."
SPEAKER WILKINS: "You are relying on Subsection (D), which says it maybe appropriated for only non-recurring purposes. If I rule that the applicability of this statute is perspective and would not apply to the funds that we are now dealing with, then we do not need to get in discussion of whether or not it is a recurring versus non-recurring expense. If I agree with you that it is applicable, then we need to have a further discussion on what is recurring and what is non-recurring. Do you agree with that?"
Rep. SHEHEEN: "Yes sir."
SPEAKER WILKINS: "I have information from each of the agencies involved regarding their expenditures, but I think we first need to address this statute and applicability--whether it is going to apply to 93-94 funds --before we even talk about recurring or non-recurring. Do you agree?"
Rep. SHEHEEN: "Phrase that a little differently and I would say whether or not Subsection (D) applies to any surplus funds appropriated following the enactment and the effective date of this Act."
SPEAKER WILKINS: "Yes sir."
Rep. SHEHEEN: "If we have some from 92-93, and it was a Supplemental Appropriations Bill dealing with surplus funds from 92-93, I think Subsection (D) applies."
SPEAKER WILKINS: "But, we need to address this issue and if we address it and your Point is sustained, then we are..."
Rep. SHEHEEN: "Then you are going to have to make the determination..."
SPEAKER WILKINS: "Then you will have to look item by item on recurring versus non-recurring. There is no reason to get into that until we talk..."
Rep. SHEHEEN: "Yes sir, I agree."
Rep. FELDER: "Mr. Speaker, I would just point out that it is not the effective date, it is the fiscal year. There is a difference. When we come back next year, Jan. 1, we get organized, and there is going to be a Carnell/Felder surplus set aside money and we can spend it in January, right now. This money has absolutely... We can't do it until we come back, get organized. That is for next year because of the fiscal year. This money came from a prior fiscal year. That is the only year."
Rep. QUINN: "I have got to tell you that I would agree with Mr. Sheheen if it weren't basicly for two words and that is, 'first applies' and that is what gets this Point of Order in trouble. I think, we are talking again and this is all a process that we are laying out here for budgeting and it is supposed to first apply for that fiscal year and again he has already agreed that this money is from before the 94-95 fiscal year. The words 'first apply' makes a hole in the argument he makes."
SPEAKER WILKINS: "I think you have to look at the Act as well as the statute and the Act clearly says that this legislation will first apply with respect to appropriations for the fiscal year 94-95 and I believe you have to read the entire Act together in Sections (A) and (B) and (C) of the Act. It restricted what we can put into the base budget. The Carnell/Felder proposal restricts appropriations and what we could do with surplus, but it also talks about in (D), appropriations of surplus may not be made before the first meeting of the General Assembly following the Comptroller General's closing of the books on the fiscal year in which the surplus occurred. I think we are talking about that next January. We are talking about 94-95 appropriations. I think the intent clearly was based on Section 2, that it first apply with respect to appropriations for fiscal year 94-95, so I think to a large extent it hinges on what money we are talking about. We attempted to get from the Ways and Means specifically what the monies were and I am satisfied those were monies from the 1993-94 budget year, not 1994-95. I think if this restriction was a separate statute and did not apply in this Carnell/Felder amendment, I think it could be more broadly construed, but I think the bottom line is that Subsection (D), Mr. Sheheen, applies only to the surplus that is created by Sections (A), (B), and (C) of that statute and those revenues clearly deal with the fiscal year 94-95. I think if we get beyond that, then we get into what is recurring and non-recurring and I certainly think your Point maybe be valid, but I think the restriction in Subsection (D), which limit the appropriation and limits it to non-recurring purposes deals with 94-95 and beyond. And, if we were a year in the future, then I think your Point of Order would be valid."
Rep. SHEHEEN: "I understand your ruling, but there is one further question. I want to make sure I understand completely. If Carnell/Felder generates 53 million dollars, when we get back in January, by the formula in (A), (B) and (C), but we actually because of the collection to the end of this fiscal year have 75 million dollars, then do I understand your ruling to say that the appropriations from surplus only apply to non-recurring funds for the 53 and not the 75?"
SPEAKER WILKINS: "That issue is not before us today."
Rep. SHEHEEN: "No, but you have said in your ruling that it only applied to surplus monies generated by Carnell/Felder and I don't want that to be binding today, I want us to debate that in a future day."
SPEAKER WILKINS: "Yes sir, I think we should, but what I am saying today is the appropriations in this supplemental bill are not bound by the restriction in Subsection D of Act 162 and so your Point of Order is not sustained, it is overruled."
Reps. McELVEEN, KEYSERLING, CANTY, J. YOUNG, G. BROWN, NEAL, LLOYD, WHITE and HARVIN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5314HTC.95), which was tabled.
Amend the joint resolution, as and if amended, page 2, by striking SECTION 3 and inserting:
/SECTION 3. From funds appropriated for the Coordinating Council for Economic Development in Section 1 of this joint resolution, one million dollars must be set aside and made available to the Office of Local Government of the State Budget and Control Board for use in ensuring that military bases and any other national defense facilities in this State are not adversely impacted by the Defense Base Closure and Realignment Act of 1990 (P.L. 101-510). These funds may be expended pursuant to criteria developed by the board. Unexpended funds from this setaside revert to the use of the Coordinating Council for Economic Development.
SECTION 4. This joint resolution takes effect upon approval by the Governor./
Amend totals and title to conform.
Rep. McELVEEN explained the amendment.
Rep. QUINN spoke against the amendment.
Reps. KEYSERLING and McELVEEN spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, P. Harrison Haskins Herdklotz Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks Mason McAbee McKay Meacham Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Townsend Tripp Trotter Vaughn Waldrop Walker Wells Whatley Wilkins Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Govan Harvin Harwell Hines Howard Inabinett Jennings Kennedy Keyserling Kirsh Lloyd McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Shissias Spearman Thomas Tucker Whipper, L. Whipper, S. Wilder Wilkes Williams Worley Young, J.
So, the amendment was tabled.
The SPEAKER granted Rep. MASON a leave of absence for the remainder of the day.
Rep. CROMER proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\5322HTC.95), which was tabled.
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. From fiscal year 1993-94 surplus revenues, there is appropriated from the general fund of the State the sum of $38,787,632, which must be allocated to counties based on the ratio that all tax year 1994 property tax revenues on owner-occupied residential property in the county bears to all such 1994 tax year revenues statewide. Upon receipt of a county's allocation, the county treasurer shall rebate to each owner-occupied residential property taxpayer who has paid in full the 1994 tax year taxes on the property a pro rata share of the amount paid. This percentage may be reduced by the treasurer by any amount necessary to insure that the rebate paid does not exceed the funds allocated to the county for the rebate. No rebate may be paid if the amount of the rebate otherwise due is less than one dollar. Funds allocated to the county in excess of the amount of the rebates paid must be allocated to the general funds of the taxing entities in the county in the ratio that the tax revenue of these entities from owner-occupied residential property is of all such revenue in the county. For purposes of paying these rebates in the case of a deceased taxpayer, the rebate is deemed a state individual income tax refund.
SECTION 2. This joint resolution takes effect upon approval by the Governor./
Amend totals and title to conform.
Rep. CROMER explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Boan Brown, H. Brown, T. Cain Carnell Cato Cave Chamblee Cooper Dantzler Davenport Delleney Easterday Felder Fulmer Hallman Harrell Harris, P. Harrison Harvin Herdklotz Huff Hutson Keegan Kelley Klauber Knotts Lanford Law Limehouse Littlejohn Marchbanks McAbee McKay McMahand Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Smith, D. Smith, R. Stuart Tripp Trotter Vaughn Waldrop Walker Wells Whatley Whipper, S. White Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, J. Byrd Clyburn Cotty Cromer Fair Fleming Gamble Govan Harris, J. Harwell Haskins Hines Howard Inabinett Kennedy Keyserling Kirsh Koon Limbaugh Lloyd Martin McCraw McElveen McTeer Meacham Moody-Lawrence Neal Neilson Phillips Richardson Rogers Simrill Spearman Stille Thomas Townsend Tucker Wilder Wilkes
So, the amendment was tabled.
Reps. KIRSH and SIMRILL proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\JIC\5342HTC.95), which was tabled.
Amend the joint resolution, as and if amended, Section 1, page 1 by striking lines 17 through 42 and on page 2 by striking lines 1 and 2 and inserting:
/Sum of 38,787,632 dollars, if so much is necessary is appropriated from the general fund of the State to the State Budget and Control Board Division of Operations for State House renovations./
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. ROBINSON 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 80 to 12.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 11 (Doc Name L:\council\legis\amend\JIC\5357HTC.95), which was tabled.
Amend the joint resolution, as and if amended, SECTION 1, page 2, by adding an appropriately numbered item immediately after line 2 to read
/( ) Winthrop College
School of Education
Teacher Training
Facility 500,000/.
Renumber items and sections to conform.
Amend totals and title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. A. YOUNG moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, G. Brown, H. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harvin Haskins Herdklotz Huff Hutson Jennings Keegan Kelley Keyserling Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks McAbee McKay McTeer Meacham Quinn Rhoad Richardson Riser Sandifer Seithel Sharpe Sheheen Shissias Smith, D. Smith, R. Spearman Stille Stuart Thomas Townsend Tripp Tucker Vaughn Waldrop Walker Wells Whatley Whipper, S. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, T. Carnell Cave Clyburn Harwell Hines Howard Inabinett Kirsh Lloyd McCraw McMahand Moody-Lawrence Neal Neilson Phillips Simrill Whipper, L. White Wilder
So, the amendment was tabled.
Reps. LITTLEJOHN, COOPER, DAVENPORT, MEACHAM, VAUGHN, CAIN, EASTERDAY, HASKINS, RICE, A. YOUNG, STODDARD, SIMRILL, LANFORD, WHATLEY, McCRAW, TROTTER, TRIPP, KOON, D. SMITH, QUINN, SHARPE, WRIGHT, WITHERSPOON and KNOTTS proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\JIC\5358HTC.95), which was ruled out of order.
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. All portraits, flags, banners, monuments, statues, and plaques which may be removed from the State House pursuant to the renovations partially funded by this joint resolution must be returned to their original location when the State House is reoccupied unless the General Assembly shall otherwise direct./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. WHITE raised the Point of Order that Amendment No. 12 was out of order as it was not germane.
Rep. LITTLEJOHN: "Mr. Speaker, this amendment ties directly to the House renovations, which we have already passed. It ties directly to that."
Rep. MOODY-LAWRENCE: "Does it mean that all the desks and everything will have to go back exactly as they are now?"
SPEAKER WILKINS: "It applies to portraits, flags, banners, monuments, statutes and plaques. It would not be desks."
Rep. LITTLEJOHN: "Anything that we have already mandated, that is hanging on the walls, plaques, pictures out in the hall, things that we put there by resolution over the years, which mean South Carolina, the history of South Carolina."
Rep. MOODY-LAWRENCE: "Mr. Speaker, did you rule on the Point of Order on germaneness of this?"
SPEAKER WILKINS: "No, I did not, I thought you rose to be heard on that Point. I would like to hear from you if you have any argument you would like to make on that Point. I am going to rule on it shortly, after I give everybody a chance to be heard."
Rep. MOODY-LAWRENCE: "It has nothing to do with money."
SPEAKER WILKINS: "Anybody else want to be heard?"
Rep. SHEHEEN: "Under Rule 5.3, the rule says that the General Appropriations Bill and Supplemental Appropriations Bill shall only include provisions for appropriating funds, provisions affecting revenue and rules, regulations and directives and procedures relative thereto. No amendment shall be in order unless its substantial effect is directly germane to those purposes. I assume the intention of this proviso is to keep the flag flying on the dome after the renovations are completed, but what it does is broadranging procedure governing duties which are statutorily delegated to the State House Committee, statutorily delegated to the Clerk of the House and Clerk of the Senate, statutorily delegated to the Lt. Governor and the Speaker of the House. I think it affects those duties, but it doesn't affect revenue."
SPEAKER WILKINS: "The question is whether it is germane to the Appropriations Bill and not whether it affects those duties. Right?"
Rep. SHEHEEN: "That is exactly right. I believe it is more germane to those duties and does not directly relate to the revenues that are expended in the Appropriations."
SPEAKER WILKINS: "I am going to refer Mr. Sheheen to a March, 1991 Point of Order. Anticipating that this might come up, we got a little research done on the previous Points of Order. In the 1991 ruling, you cited Rule 5.3, as you just made reference to it - that was an Amendment to, I think, prohibit any state university from discriminating on the basis of sex - you stated that the amendment, the proviso, had to directly relate to revenue being generated, further stating that rules were designed to prevent state law from being amended in the Appropriations Bill unless it directly related to the expenditure of funds in Part I. I realize that we have a little bit different situation here, we don't have a Part I and Part II. You stated that you had a strict interpretation of the rules and in that particular incident, you sustained the Point.
Do you want to be heard? Now is the time to be heard."
Rep. QUINN: "Mr. Speaker, this Amendment deals directly with the State House Renovations Project. I mean, it is 17 million dollars funded and we are instructing the use of that money and it points clearly to that line item."
SPEAKER WILKINS: "Mr. Quinn, I am not sure it does. I mean you got 17 million in Section 1, Subsection 1, appropriated, that is all it says, in this amendment, it says all portraits, flags, etc. shall be returned."
Rep. QUINN: "Pursuant to renovations partially funded by this Joint Resolution."
SPEAKER WILKINS: "Do you think the key words 'partially funded' make it germane?"
Rep. QUINN: "I think it makes it germane and I think it also, in the act of renovating, and moving all of these things, the care and handling of those objects."
SPEAKER WILKINS: "Anyone else have any input?"
Rep. HASKINS: "Mr. Speaker, I don't have the precedent that you cited, but did it actually state anything about the expenditure of funds or was it strictly seeking to regulate the policy of the college."
SPEAKER WILKINS: "It regulated the policy and I do realize that there is a distinction in that because it dealt with a Part II proviso in that it did directly relate to revenue being generated. It did reference that, but it dealt with policy of state supported universities."
Rep. HASKINS: "I think the difference here is that this amendment is a directive as to the procedure for spending, for using those funds. It states that those funds are to be used in the renovations but as a directive as part of the renovations that all the pictures and plaques are to be returned to the Chambers. I think that that provision in Rule 5.3 where it says that the General Appropriations Bill and Supplemental Appropriations Bill shall include only provisions for appropriating funds, provisions affecting revenue and rules, regulations, directives and procedures relative thereto. And if this is not a directive as to how that renovation is to be carried out, then I would say that it would be very difficult to have a proviso to the General Appropriations Bill that would be germane."
SPEAKER WILKINS: "I agree with that, Mr. Haskins, but it goes on to say that no proviso shall be in a permanent part of the Bill unless it directly relates to an appropriation. In the next sentence, the provisions of this paragraph shall be narrowly and strictly construed with regard to all provisions and amendments to the General Appropriations Bill and Supplemental Appropriations Bill. The Rules mandate that I give it strict construction. I just need to look at some of the precedents."
Rep. McTEER: "I would... former Rep. Woods would have been one of the precedents that you might want to look at when he tried to do something similar to take the flag down during the Appropriations Bill. During that time..."
SPEAKER WILKINS: "Which precedent is that?"
Rep. McTEER: "I am not sure what year, but it would have been Rep. Robert Woods from Charleston who tried to add a section that would ensure that it stayed up, but beyond that, back then, we had these substantial effect amendments. We have a long history that such amendments are just very loosely tied but have further substantial effects and not allowed in Appropriations Bill, even after we have precedents, we have strengthened the Rules further by adding the substantial effect language and the strictly construed language to it. I think a combination of our prior precedents along with the Rules changes to even further strengthen germaneness rulings indicates that it is really not that close of a call on it."
Rep. QUINN: "I'll try not be repetitive with this, but in this money, that we are putting up here, this money is going to be used again. We are moving everything out of this place with the money that is funded in this Resolution. And all we are doing with this Amendment is constructing them to replace the things that they are going to move anyway with the funding that we are giving them in this Resolution. If this amendment weren't there, Mr. Speaker, they still are going to take the portraits down, they are still going to take the statue down and take the flag down. What we are directing, is that no matter what, unless we otherwise direct them, they put them back up."
SPEAKER WILKINS: "It appears to me, Mr. Quinn, the way the amendment is drawn, it relates to a policy of returning things in their place, more than a direct appropriation which the Rules says the Amendments have to directly apply to. Help me out, but it looks to me that it applies to a policy, just like a policy of not discriminating on the basis of sex that was ruled non germane. It applies to a policy more than a direct appropriation."
Rep. QUINN: "Mr. Speaker, I would submit to you that the precedents that you are using to compare this to might be accurate if we were talking about funding for building a center for sexual harassment or something like that, but we are talking about direct funds and they are going to move this anyway."
SPEAKER WILKINS: "I will look at a couple more... I don't want to rely on just one precedent."
Rep. CROMER: "I just would say to put it more simply and less legally that if it deals with a procedure or a policy, like the removal and putting back in a certain place, it has nothing to do with an appropriation, so the ruling could be made to sustain the Point of Order on germaneness because it has nothing to do with any type of appropriations whatsoever, just a practice."
Rep. HERDKLOTZ: "Thank you, Mr. Speaker... It is very obvious that in the hanging of pictures, the replacing of fixtures within this Hall, it is going to require the expenditure of money. If they are not put back, then money will not be expended. So, although, I would agree that this has to do with a policy, it also has to do with the direct expenditure of funds or nonexpenditure and is therefore related to the item."
SPEAKER WILKINS: "There lies the issue in the question... I am ready to rule. Rule 5.3 and the precedents that I have been able to find indicate that I am bound to narrowly and strictly construe the germaneness provision. Particularly dealing with the Appropriations Bill and the Supplemental Appropriations Bill. I think there is even a higher level of germaneness standard. I think the purpose, as previously stated in one of the other precedents, was that this Rule was designed for preventing state law from being amended in the Appropriations Bill, unless it directly related to the expenditure. If this Amendment were adopted, - and I am not saying that it would be or wouldn't be, but if it was, - it would directly amend Section 10-1-40 of the Code of Laws now in existence, which states that no alteration or renovations of the State House shall be undertaken without the approval of the State House Committee. So, for those reasons stated, I am going to sustain the Point of Order."
Reps. RICHARDSON, KEYSERLING and McELVEEN proposed the following Amendment No. 13, which was tabled.
Amend the joint resolution, as and if amended, by reducing the amount in Section 1 line 22 from 17,000,000 to 16,000,000 and further inserting Sections 3 and 4 as follows:
Section 3. One million dollars must be set aside and made available to the Office of Local Government of the State Budget and Control Board for use in ensuring that military bases and any other national defense facilities in this State are not adversely impacted by the Defense Base Closure and Realignment Act of 1990 (P.L. 101-510). These funds may be expended pursuant to criteria developed by the Board. Unexpended funds from this setaside revert to the use of the Coordinating Council for Economic Development.
Section 4. This joint resolution takes effect upon approval by the Governor./
Rep. RICHARDSON explained the amendment.
Rep. McELVEEN spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Carnell Cato Chamblee Cooper Dantzler Davenport Delleney Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Huff Keegan Kelley Klauber Knotts Koon Lanford Law Limbaugh Limehouse Marchbanks McAbee McKay Meacham Moody-Lawrence Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Stille Stoddard Stuart Tripp Trotter Tucker Vaughn Wells Whatley Wilkins Williams Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Baxley Breeland Brown, G. Brown, T. Cave Clyburn Cotty Cromer Govan Harvin Hines Howard Inabinett Jennings Kennedy Keyserling Kirsh Littlejohn Lloyd Martin McCraw McElveen McMahand McTeer Neal Neilson Phillips Rhoad Richardson Rogers Scott Sheheen Shissias Smith, D. Spearman Thomas Whipper, L. Whipper, S. White Wilder Worley Young, J.
So, the amendment was tabled.
Rep. SHEHEEN proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\JIC\5354HTC.95), which was tabled.
Amend the joint resolution, as and if amended, SECTION 1, beginning on page 1, by striking items (2), (3), (4), (6), and (9) and by adding an appropriately numbered item immediately after line 2, page 2 to read:
/( ) Retiring school bus bonded
indebtedness 14,862,632/.
Renumber sections and items to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
Rep. McTEER inquired whether the ruling that would be in the Journal would be word for word or just the Speaker sustaining the Point.
The SPEAKER stated that he would review it and make sure it accurately stated his position.
Rep. McTEER then inquired if it had been recorded.
The SPEAKER stated that it had and he would review the Point of Order and make sure it accurately stated his position before it was sent to the printer.
Rep. McTEER raised the Point of Order that Amendment No. 14 was out of order as it was not germane in that the bonds had not been sold yet.
Rep. SHEHEEN argued contra the point in stating that it had been authorized by statute and this would cancel 15 million dollars worth of authorization.
Rep. McTEER further stated that there was nothing there to retire and there was money going out there, but no bonds had been sold and there was no place for it to go.
The SPEAKER asked whether the Point was being raised because it referred to a potential indebtedness that was in the future and did not now exist. He stated that Section 11-11-410 had a direct authorization for using surplus appropriations for bonds which are authorized but not yet issued and for that reason he overruled the Point of Order.
Rep. SHEHEEN continued speaking.
Reps. H. BROWN and FELDER spoke against the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Boan Brown, H. Cain Carnell Cato Cave Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harris, P. Harrison Harvin Harwell Haskins Herdklotz Huff Hutson Keegan Kelley Kennedy Keyserling Kinon Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks McAbee McKay McTeer Meacham Neal Phillips Quinn Rhoad Rice Richardson Riser Robinson Sandifer Scott Seithel Sharpe Shissias Simrill Smith, D. Smith, R. Stuart Tripp Trotter Tucker Vaughn Walker Wells Whatley Whipper, S. White Wilkins Witherspoon Wofford Worley Wright Young, A. Young, J.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, G. Brown, T. Byrd Clyburn Cromer Delleney Harris, J. Hines Howard Inabinett Jennings Kirsh Martin McCraw McElveen McMahand Moody-Lawrence Neilson Rogers Sheheen Spearman Stille Stoddard Thomas Townsend Wilder Williams
So, the amendment was tabled.
Reps. McELVEEN, KEYSERLING, CANTY, J. YOUNG, G. BROWN, NEAL, LLOYD and WHITE proposed the following Amendment No. 15 (Doc Name L:\council\legis\amend\JIC\5314HTC.95), which was tabled.
Amend the joint resolution, as and if amended, page 2, by striking SECTION 3 and inserting:
/SECTION 3. From funds appropriated for the Technical Education Commission Section 3 of this joint resolution, one million dollars must be set aside and made available to the Office of Local Government of the State Budget and Control Board for use in ensuring that military bases and any other national defense facilities in this State are not adversely impacted by the Defense Base Closure and Realignment Act of 1990 (P.L. 101-510). These funds may be expended pursuant to criteria developed by the board. Unexpended funds from this setaside revert to the use of the Technical Education Commission.
SECTION 4. This joint resolution takes effect upon approval by the Governor./
Amend totals and title to conform.
Rep. KEYSERLING explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. KEYSERLING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Bailey Baxley Brown, H. Brown, J. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Harwell Haskins Herdklotz Howard Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks McAbee Meacham Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Shissias Simrill Smith, R. Stille Stuart Townsend Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Breeland Brown, G. Brown, T. Byrd Clyburn Harvin Hines Hodges Inabinett Kennedy Keyserling Lloyd Martin McCraw McElveen McTeer Moody-Lawrence Neal Phillips Richardson Rogers Scott Smith, D. Spearman Stoddard Thomas Whipper, S. White Wilder Young, J.
So, the amendment was tabled.
Reps. McELVEEN, KEYSERLING and RICHARDSON proposed the following Amendment No. 17, which was tabled.
Amend the joint resolution by adding an appropriately numbered Section, as follows:
Section _____. One million ($1,000,000) dollars shall be held back from the funds appropriated in Section 1, Item (7) for the Clemson-PSA Garrison Livestock Arena and made available to the Office of Local Government of the State Budget and Control Board, for use in insuring that military bases and any other national defense facilities in this State are not adversely impacted by the Defense Base Closure and Realignment Act of 1990 (P.L. 101-510). These funds may be expended pursuant to criteria developed by the Board. Unexpended funds from this setaside revert to the purposes stated in the aforesaid Section 1, Item (7). To the extent that funds are appropriated in the 1995-96 General Appropriations Act for insuring the continuation of defense facilities in this State, the setaside funds shall likewise revert to the purposes stated in the aforesaid Section 1, Item (7).
Amend sections to conform.
Amend totals and title to conform.
Rep. McELVEEN explained the amendment.
Rep. ROBINSON moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Baxley Brown, H. Brown, J. Cain Carnell Cato Chamblee Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Gamble Harris, J. Harris, P. Harrison Haskins Herdklotz Hines Keegan Kelley Kinon Klauber Knotts Koon Law Limehouse Littlejohn Marchbanks Martin McAbee McCraw McKay Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Sheheen Shissias Smith, R. Spearman Stille Stoddard Stuart Thomas Tripp Trotter Tucker Vaughn Walker Wells Whatley Wilder Wilkins Witherspoon Wofford Worley Wright Young, A.
Those who voted in the negative are:
Anderson Beatty Breeland Brown, G. Cave Clyburn Fulmer Govan Hallman Harrell Harvin Howard Hutson Kennedy Keyserling Kirsh Limbaugh McElveen McTeer Meacham Moody-Lawrence Neal Richardson Rogers Seithel Simrill Smith, D. Whipper, L. Whipper, S. Williams Young, J.
So, the amendment was tabled.
Reps. LITTLEJOHN, CATO, CHAMBLEE, HALLMAN, COOPER, DAVENPORT, MEACHAM, VAUGHN, CAIN, EASTERDAY, HASKINS, RICE, A. YOUNG, STODDARD, SIMRILL, LANFORD, WHATLEY, McCRAW, TROTTER, TRIPP, KOON, D. SMITH, QUINN, SHARPE, WRIGHT, WITHERSPOON and KNOTTS proposed the following Amendment No. 18 (Doc Name L:\council\legis\amend\JIC\5362HTC.95), which was rejected.
Amend the joint resolution, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. All portraits, flags, banners, monuments, statues, and plaques which may be removed from the State House pursuant to the renovations partially funded by this joint resolution must be returned to their original location when the State House is reoccupied unless the General Assembly shall otherwise direct. An amount not to exceed five thousand dollars of the sum appropriated in SECTION 1(1) of this joint resolution must be used for this purpose./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. BEATTY raised the Point of Order that Amendment No. 18 was out of order as it was not germane.
Rep. QUINN stated that it directly appropriated a portion of the money.
Rep. BEATTY stated that from the previous ruling he understood that you could not change existing law in the Appropriations Bill.
The SPEAKER stated that he cited a precedent from March, 1991, by Speaker Sheheen in which he stated that and he used that as a basis. He further stated that that ruling had stated that you could not change existing law in the Appropriations Bill unless it directly related to the expenditure of funds. He further stated that the significant distinction in the two amendments was that this one directly referred to a dollar amount appropriating $5,000 that is to be used for this purpose and, therefore, it met the criteria that had been set forth and had been referred to in earlier precedents. He further stated that this did directly relate to expenditures and that he had found another precedent in which the Speaker stated that Rule 5.3 had a much more loose interpretation on inclusion of Part I of the Appropriations Bill than Part II and obviously this was in effect Part I appropriations and the fact that it is a direct dollar amount made it germane and he overruled the Point of Order.
Rep. LITTLEJOHN moved to table the amendment.
Rep. QUINN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Anderson Baxley Beatty Breeland Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cotty Cromer Govan Harvin Hines Hodges Howard Inabinett Jennings Keegan Kelley Kennedy Keyserling Littlejohn Lloyd Martin McAbee McElveen McMahand McTeer Moody-Lawrence Neal Richardson Rogers Scott Sheheen Spearman Stille Thomas Wells Whipper, L. Whipper, S. White Wilder Williams Young, J.
Those who voted in the negative are:
Boan Brown, H. Cain Carnell Cato Chamblee Cooper Dantzler Davenport Delleney Easterday Fair Fleming Fulmer Gamble Hallman Harrell Harris, J. Harris, P. Harrison Haskins Herdklotz Hutson Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Marchbanks McCraw McKay Meacham Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Shissias Simrill Smith, D. Smith, R. Stoddard Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Whatley Wilkins Witherspoon Wofford Worley Wright Young, A.
So, the House refused to table the amendment.
Rep. BEATTY spoke against the amendment.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. FELDER raised the Point of Order that Amendment No. 18 was out of order as it violated Section 11-11-140 in that it dealt with 1993-94 appropriations and the effect of this Act would be over with before the renovations were complete and, therefore, it did not directly affect an appropriation in that year. He further stated that the Joint Resolution would only be valid for this year and would not be in effect after July 1.
The SPEAKER stated that it dealt with the 17 million dollars in the Joint Resolution set forth for the State House renovations and he overruled the Point of Order.
Rep. HASKINS spoke upon the amendment.
The SPEAKER granted Rep. J. BROWN a leave of absence for the remainder of the day.
The question then recurred to the adoption of the amendment, which was rejected.
Rep. KEYSERLING proposed the following Amendment No. 20, which was tabled.
As and if amended, by
Section 1 page 1
Item (1) line 22 by striking /17,000,000/
and inserting /16,800,000/
Item (2) line 26 by striking /5,000,000/
and inserting /4,800,000/
Item (3) line 29 by striking /3,775,731/
by inserting /3,575,731/
Item (5) line 35 by striking /4,600,000/
by inserting /4,400,000/
Item (7) line 40 by striking /1,900,000/
by inserting /1,700,000/
Page 2 after line by inserting an appropriately numbered item:
B & C Board - Military Base and National Defense Facilities Impact Fund 1,000,000
At the discretion of the Budget and Control Board, any funds not used from the Military Base and National Defense Facilities Impact Fund shall be proportionately distributed for the following
(1) BCB-Division of
Operations
Statehouse Renovations
(2) Coordinating Council
for Economic Development
Economic Development
Projects
(3) Technical Education
Commission
Special Schools
(4) Forestry Commission
Firefighting
Equipment
(5) Clemson-PSA
Garrison Livestock Arena/
Rep. KEYSERLING explained the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. McELVEEN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 69 to 18.
Rep. McELVEEN proposed the following Amendment No. 24, which was tabled.
The Budget and Control Board, in its discretion, shall withhold one million ($1,000,000) from the funds appropriated in this joint resolution for use in insuring that military bases and any other national defense facilities in this State are not adversely impacted by the Defense Base Closure and Realignment Act (P.L. 101-510). These funds may be expended pursuant to criteria developed by the board. Unexpended funds from this setaside revert to the uses stated in Section 1 on June 30, 1995, unless the board sooner certifies that the funds are not needed to protect defense facilities in this State.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McELVEEN explained the amendment.
Reps. J. YOUNG, NEAL and G. BROWN spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Brown, H. Cain Carnell Cato Chamblee Cooper Cotty Dantzler Davenport Easterday Fair Felder Fleming Fulmer Gamble Hallman Harrell Harrison Haskins Herdklotz Keegan Kelley Klauber Knotts Koon Law Limbaugh Limehouse Littlejohn Marchbanks McAbee McKay Meacham Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Stille Stuart Townsend Trotter Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Williams Witherspoon Wofford Wright Young, A.
Those who voted in the negative are:
Anderson Askins Baxley Breeland Brown, G. Brown, T. Byrd Cave Clyburn Cromer Delleney Govan Harris, J. Harvin Harwell Hines Hodges Howard Hutson Inabinett Jennings Kennedy Keyserling Kinon Kirsh Lloyd Martin McCraw McElveen McMahand McTeer Moody-Lawrence Neal Neilson Phillips Richardson Rogers Scott Sheheen Shissias Smith, D. Spearman Stoddard Thomas Tripp Whipper, L. Whipper, S. White Wilder Worley Young, J.
So, the amendment was tabled.
The Joint Resolution was then read the second time and ordered to third reading.
I voted "No" on the Supplemental Appropriations Bill. It is not the right time, in my opinion, to appropriate some monies which we, just days ago, identified as unnecessary by sustaining the Governor's vetoes. Additionally, while some capitol renovations are necessary, $17,000,000.00 appropriated to this sole purpose is not the most fiscally prudent thing to do for the taxpayers at this time.
Rep. JAMES L.M. CROMER, JR.
H. 3361, the Joint Resolution to make supplemental appropriations from fiscal year 1993-1994 surplus revenues, passed the House on a voice vote.
If we had taken a roll call vote on passage as proposed, I would have voted against the resolution. A number of the purposes set forth therein are either unnecessary or grossly inflated, while several others have limited merit.
Our voters have asked for a new day with less government and taxes. To begin by spending all the $38,787,632 surplus is to continue doing business the wrong way in my view.
Respectfully,
Rep. WILLIAM F. COTTY
On motion of Rep. THOMAS, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry.
H. 3449 -- Reps. Law, H. Brown, Wofford, Dantzler, Williams, A. Young and Hutson: A BILL TO AMEND SECTION 58-31-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, THE PROVIDING OF ELECTRIC SERVICE, AND THE SERVICE AREA OF THE AUTHORITY, SO AS TO FURTHER DESCRIBE THE AREA IN BERKELEY COUNTY WHICH IS NOT INCLUDED IN THE AUTHORITY'S PRESENT SERVICE AREA.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3137 -- Reps. Inabinett, Walker, Vaughn, Simrill, Meacham, Stille, Hines, Robinson, Baxley, Lloyd and Stuart: A CONCURRENT RESOLUTION DESIGNATING THE FIRST THURSDAY IN MAY (MAY 4, 1995) AS "LEGISLATIVE FAMILY DAY 1995" IN RECOGNITION AND APPRECIATION OF THE PATIENCE AND UNDERSTANDING SHOWN BY THE FAMILIES OF THE MEMBERS OF THE GENERAL ASSEMBLY AND THE WONDERFUL SUPPORT GIVEN BY THESE GREAT FAMILIES TO THE MEMBERS AS THEY CARRY OUT THEIR LEGISLATIVE DUTIES, AND INVITING A FAMILY MEMBER OF EACH MEMBER OF THE GENERAL ASSEMBLY TO THE STATE HOUSE AS SPECIAL GUESTS OF THE GENERAL ASSEMBLY TO ATTEND AND OBSERVE THE RESPECTIVE SESSIONS IN THE SENATE AND THE HOUSE OF REPRESENTATIVES ON "LEGISLATIVE FAMILY DAY 1995".
H. 3411 -- Reps. Hines, Harwell, Askins, McKay, Limbaugh, Allison, Anderson, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Haskins, Herdklotz, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION COMMENDING THE HONORABLE WILLIAM S. HOUCK, JR., M.D. OF FLORENCE COUNTY FOR HIS FOUR YEARS OF OUTSTANDING AND DEDICATED SERVICE AS A MEMBER OF THE GENERAL ASSEMBLY, AND WISHING HIM HAPPINESS IN ALL OF HIS FUTURE ENDEAVORS.
H. 3412 -- Rep. Tucker: A CONCURRENT RESOLUTION CONGRATULATING WILLIAM T. (BILL) MANSON, III, OF ANDERSON COUNTY ON RECEIVING THE EARLY CAREER HEALTHCARE EXECUTIVE OF THE YEAR AWARD FOR SOUTH CAROLINA.
H. 3430 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING D. KIRK OGLESBY, JR., OF ANDERSON COUNTY ON BECOMING CHAIRMAN OF THE SOUTH CAROLINA HOSPITAL ASSOCIATION.
H. 3431 -- Reps. Scott, Neal, J. Brown, Rogers, Cotty, Howard, Shissias, Harrison, Byrd, Quinn, Cromer, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, T. Brown, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Rice, Richardson, Riser, Robinson, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION CONGRATULATING MS. MABLE SCOTT OF RICHLAND COUNTY FOR TWENTY YEARS OF SERVICE IN SOUTH CAROLINA'S PUBLIC SCHOOL SYSTEM AND ON BEING NAMED HYATT PARK ELEMENTARY SCHOOL'S 1994 TEACHER OF THE YEAR.
At 6:00 P.M. the House in accordance with the motion of Rep. COTTY adjourned in memory of J. Don Watson, Jr., of Elgin, to meet at 10:00 A.M. tomorrow.
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