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

Page Finder Index

| Printed Page 453, Jan. 19 | Printed Page 470, Jan. 24 |

Printed Page 460 . . . . . Tuesday, January 24, 1995

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Farm Bureau Federation for a banquet, February 7, 1995, 6:00 P.M. at the Ellison Building, State Fairgrounds.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Farm Bureau Women's Committee for a Legislative Women's Conference Breakfast, February 8, 1995, 8:00-10:00 A.M. in the lower back lobby of the State House.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of National Association of Credit Management for a reception, February 8, 1995, 6:00-9:00 P.M. at the Ramada Townhouse.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Probate Judges' Association of South Carolina for a reception, February 14, 1995, 6:00-7:00 P.M. at the Adams Mark Hotel.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of S.C. Vocational Association and the S.C. Vocational Directors Association for lunch, February 15, 1995, 12:00-2:00 P.M. in the lower lobby of the State House.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of Municipal Association of S.C. for a reception, February 15, 1995, 6:00-7:30 P.M. at the Adams Mark Hotel.

The invitation was accepted.


Printed Page 461 . . . . . Tuesday, January 24, 1995

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The National Guard Association of S.C. for a reception, February 21, 1995, 6:00-8:00 P.M. at the National Guard Armory (1225 Bluff Rd.).

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of The Electric Cooperatives of S.C. for a reception, February 22, 1995, 6:00-7:30 P.M. at the Adams Mark Hotel.

The invitation was accepted.

Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

Invitation of York County Council of Chambers and the "York County Day" Planning Committee for a reception, February 28, 1995, 6:00-8:00 P.M. at the Adams Mark Hotel.

The invitation was accepted.

H. 3342--RECOMMITTED

The following was introduced:

H. 3342 -- 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 12:00 NOON ON WEDNESDAY, MARCH 22, 1995.

Rep. SHEHEEN moved to recommit the Resolution to the Committee on Invitations and Memorial Resolutions, which was agreed to.

INTRODUCTION OF BILLS

The following Bills were introduced, read the first time, and referred to appropriate committees:

H. 3343 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPUTATION OF ANNUAL LEAVE ALLOWED STATE EMPLOYEES, SO AS TO DELETE THE PROVISION LIMITING THE


Printed Page 462 . . . . . Tuesday, January 24, 1995

MAXIMUM ANNUAL LEAVE ALLOWED IN ONE YEAR TO THIRTY DAYS.

Referred to Committee on Ways and Means.

H. 3344 -- Rep. Rogers: A BILL TO AMEND SECTION 8-11-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND ITS DIVISION OF HUMAN RESOURCE MANAGEMENT, SO AS TO REQUIRE THE BOARD TO DEVISE AND IMPLEMENT A CAREER INCREMENT PAY PLAN FOR CLASSIFIED STATE EMPLOYEES.

Referred to Committee on Ways and Means.

H. 3345 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-90 SO AS TO PROHIBIT A MEMBER OF THE GENERAL ASSEMBLY FROM CASTING A VOTE FOR HIMSELF IN AN ELECTION IN WHICH HE IS A CANDIDATE FOR AN OFFICE OF HONOR OR PROFIT WHICH IS ELECTED BY THE GENERAL ASSEMBLY.

Referred to Committee on Judiciary.

H. 3346 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 145 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA TUITION PAYMENT PLAN.

Referred to Committee on Ways and Means.

H. 3347 -- Rep. Rogers: A BILL TO AMEND SECTION 2-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANDIDATES FOR THE HOUSE OF REPRESENTATIVES AND THEIR TERMS OF OFFICE, SO AS TO PROVIDE THAT MEMBERS OF THE HOUSE MAY NOT SERVE MORE THAN SIX CONSECUTIVE TWO-YEAR TERMS IN OFFICE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 2-1-65 SO AS TO PROVIDE THAT MEMBERS OF THE SENATE MAY NOT SERVE MORE THAN THREE CONSECUTIVE FOUR-YEAR TERMS IN OFFICE.

Referred to Committee on Judiciary.

H. 3348 -- Rep. Kirsh: A BILL TO AMEND SECTION 8-13-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITING A PUBLIC OFFICIAL FROM USING HIS OFFICIAL POSITION OR OFFICE FOR FINANCIAL GAIN, SO


Printed Page 463 . . . . . Tuesday, January 24, 1995

AS TO PROVIDE THAT THE ONGOING RECEIPT OF BENEFITS OR ECONOMIC INTERESTS RECEIVED AFTER AN ACTION HAS BEEN TAKEN TO PROVIDE FOR THEM IS IN VIOLATION OF THIS SECTION.

Referred to Committee on Judiciary.

H. 3350 -- Reps. Knotts and Riser: A BILL TO PROVIDE FOR THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, TO PROVIDE FOR A SPECIAL ELECTION IN 1995 FOR THE PURPOSE OF ELECTING CERTAIN MEMBERS OF THE BOARD TO SERVE UNTIL 1998, TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE SCHOOL TRUSTEE ELECTIONS SHALL BE CONDUCTED, AND TO REPEAL ACT 217 OF 1993 RELATING TO THE ELECTION OF SPECIFIED MEMBERS OF THE BOARD.

Rep. KNOTTS asked unanimous consent to have the Bill placed on the Calendar without reference.

Rep. STUART objected.

Referred to Lexington Delegation.

S. 381 -- Senators McConnell, Passailaigue, Richter, Reese, Washington, Ford and Rose: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REVISE THE MANNER IN WHICH CERTAIN VACANCIES ARE FILLED.

On motion of Rep. HARRELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

HOUSE RESOLUTION

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

H. 3349 -- Rep. T. Brown: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CHOPPEE INDIANS FOOTBALL TEAM OF GEORGETOWN COUNTY, HEAD COACH JOHN SPEARS, AND COACHING STAFF ON THURSDAY, FEBRUARY 16, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE


Printed Page 464 . . . . . Tuesday, January 24, 1995

PURPOSE OF BEING RECOGNIZED ON WINNING THE 1994 STATE CLASS A FOOTBALL CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to the Choppee Indians Football Team of Georgetown County, Head Coach John Spears, and coaching staff on Thursday, February 16, 1995, at a time to be determined by the Speaker, for the purpose of being presented a Concurrent Resolution on winning the 1994 State Class A Football Championship.

The Resolution was adopted.

ROLL CALL

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

Allison          Anderson         Bailey
Baxley           Beatty           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
Elliott          Fair             Felder
Fleming          Fulmer           Gamble
Govan            Hallman          Harrell
Harris, J.       Harris, P.       Harrison
Harwell          Herdklotz        Hines
Hodges           Howard           Hutson
Inabinett        Jaskwhich        Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Lloyd            Marchbanks
Mason            McAbee           McCraw
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neal
Neilson          Phillips         Rhoad
Rice             Richardson       Riser


Printed Page 465 . . . . . Tuesday, January 24, 1995

Robinson         Rogers           Sandifer
Scott            Seithel          Sharpe
Sheheen          Shissias         Simrill
Smith, D.        Smith, R.        Spearman
Stoddard         Stuart           Thomas
Townsend         Tripp            Trotter
Tucker           Vaughn           Waldrop
Walker           Wells            Whatley
Whipper, L.      Whipper, S.      Wilder
Wilkes           Wilkins          Williams
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Tuesday,
January 24.
Harry R. Askins          Douglas Jennings, Jr.
Joseph T. McElveen, Jr.  Richard M. Quinn, Jr.
L. Morgan Martin         Harry C. Stille
Juanita M. White

Total Present--121

LEAVE OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence for the day due to being in Federal Court.

RECORD FOR JOURNAL

I was late arriving to session due to a meeting & Press Conference with members of the Attorney General's Office dealing with a law suit against unfunded mandates from Federal Government.

Rep. RICHARD M. QUINN, JR.

DOCTOR OF THE DAY

Announcement was made that Dr. Tommy Rowland of Columbia is the Doctor of the Day for the General Assembly.


Printed Page 466 . . . . . Tuesday, January 24, 1995

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., January 18, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R537, S. 1040 by a vote of 45 to 0.
(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
Very respectfully,
President


Printed Page 467 . . . . . Tuesday, January 24, 1995

R. 537; S. 1040--GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA

OFFICE OF THE GOVERNOR

January 10, 1995
Mr. President and Members of the Senate:

I am hereby returning without my signature S. 1040, R-537, an Act:
(R537) S. 1040 -- Senator Bryan: AN ACT TO AMEND SECTION 2-15-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPOSITION OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO INCREASE THE NUMBER OF PUBLIC MEMBERS OF THE LEGISLATIVE AUDIT COUNCIL FROM THREE TO FIVE AND TO PROVIDE THAT ONE MUST BE A LICENSED ATTORNEY, AND DELETE TWO EX OFFICIO MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE LIEUTENANT GOVERNOR; TO AMEND SECTION 2-15-20 RELATING TO THE COMPOSITION OF THE NOMINATING COMMITTEE CHOSEN TO PRESENT NOMINEES TO THE LEGISLATIVE AUDIT COUNCIL, SO AS TO DECREASE FROM SEVEN TO SIX THE NUMBER OF MEMBERS AND THE MANNER THE MEMBERS ARE CHOSEN, AND PROVIDE THE PROCEDURE FOR FILLING VACANCIES; TO AMEND SECTION 1-27-10 RELATING TO SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS, SO AS TO MAKE THE COMMISSION A PART OF THE OFFICE OF THE EXECUTIVE DIRECTOR OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 1-27-60, RELATING TO THE FUNDING OF THE ADVISORY COMMISSION ON INTERGOVERNMENTAL COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION RECOMMEND AN ANNUAL BUDGET AND APPROPRIATION REQUEST TO THE BUDGET AND CONTROL BOARD.
This legislation amends the statute setting forth the composition of the Legislative Audit Council by bringing more public members, and therefore more citizen input, to the board. However, I am troubled by changes made to the Council's nominating committee. By eliminating the Gubernatorial and Accountancy Board appointees, the Council's nominating committee would be composed entirely of individuals appointed by the Legislative branch. I understand that the Council is a legislative "watchdog" agency. However, this scheme is inconsistent


Printed Page 468 . . . . . Tuesday, January 24, 1995

when the process is viewed in comparison with the procedure for the appointment of the State auditor, the Executive branch's reviewing official.

The State Auditor is elected by the State Budget and Control Board, a combination of members of the Executive and Legislative branches. Similarly, and consistently, I believe that members of the Legislative Audit Council, the Legislative branch "watchdog" agency, should also be nominated with input from both the Legislative and Executive branches. This would no longer be the case were this legislation to be enacted. Continuation of the present system will help preserve the integrity and independence of the Legislative Audit Council, ensuring continuation of the council's efficacious review of the Executive branch.

It is for this reason that I return S. 1040, R-537 without my signature.

Sincerely,
Carroll A. Campbell, Jr.
Governor

Rep. SHEHEEN explained the veto.

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 112; Nays 0

Those who voted in the affirmative are:

Allison          Anderson         Askins
Bailey           Baxley           Beatty
Boan             Breeland         Brown, G.
Brown, H.        Brown, J.        Brown, T.
Byrd             Cain             Canty
Carnell          Cato             Cave
Chamblee         Clyburn          Cooper
Cotty            Dantzler         Davenport
Delleney         Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Govan
Hallman          Harrell          Harris, J.
Harris, P.       Harrison         Harvin
Herdklotz        Hines            Hodges
Howard           Huff             Hutson


Printed Page 469 . . . . . Tuesday, January 24, 1995

Inabinett        Jaskwhich        Keegan
Kelley           Kennedy          Keyserling
Kinon            Kirsh            Klauber
Knotts           Koon             Lanford
Law              Limbaugh         Limehouse
Littlejohn       Lloyd            Marchbanks
Mason            McAbee           McCraw
McKay            McMahand         McTeer
Meacham          Moody-Lawrence   Neilson
Phillips         Rhoad            Rice
Richardson       Robinson         Rogers
Sandifer         Scott            Seithel
Sharpe           Sheheen          Shissias
Simrill          Smith, D.        Smith, R.
Spearman         Stoddard         Stuart
Thomas           Townsend         Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Whipper, S.      White
Wilder           Wilkes           Wilkins
Williams         Witherspoon      Wofford
Worley           Wright           Young, A.
Young, J.

Total--112

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

SENT TO THE SENATE

The following Bills were taken up, read the third time, and ordered sent to the Senate.

H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille, Kelley, Richardson, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION 43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT


Printed Page 470 . . . . . Tuesday, January 24, 1995

PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE OR EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.


| Printed Page 453, Jan. 19 | Printed Page 470, Jan. 24 |

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