South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

TUESDAY, MARCH 14, 1989

Tuesday, March 14, 1989
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Father God, we give You thanks for showers and for sunshine and the lovely promise of Spring. We are grateful for good health, good friends and all other good things that we often take for granted. We thank You for the keen challenges of this day, for work in this place that demands our best. May we seek Your help, knowing that in partnership with You there will be no problem beyond solution. Strengthen our conviction that Your hand is upon us to guide us in working out Your purposes in this great State and beyond. As we cannot see the distant scene, make us willing to take one step at a time and leave the rest to You.

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.

INTRODUCTION OF BILLS

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

H. 3676 -- Rep. McCain: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE REQUIREMENT THAT THE EXEMPTION FOR PROSTHETIC DEVICES APPLY ONLY TO PROSTHETIC DEVICES SOLD BY PRESCRIPTION.

Referred to Committee on Ways and Means.

H. 3677 -- Reps. Hearn, J. Bailey, Baxley, T. Rogers, Littlejohn, Waites, Wilder, Faber, Hodges, P. Harris, Wells, Wright, Jaskwhich and Bruce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-310 SO AS TO PROVIDE THAT SUCCESSFUL COMPLETION OF A COURSE IN THE BRAILLE SYSTEM OF AT LEAST ONE CREDIT HOUR IS A PREREQUISITE FOR GRADUATION FOR STUDENTS MAJORING IN SPECIAL EDUCATION AT STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING.

Referred to Committee on Education and Public Works.

H. 3678 -- Reps. Hayes, Fair, Hearn and Kirsh: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE LICENSE IS CANCELLED, SUSPENDED, OR REVOKED, SO AS TO INCREASE AND FURTHER PROVIDE FOR THESE PENALTIES, TO REVISE THE PROCEDURES FOR IMPOSING THESE PENALTIES, AND TO EXTEND THE PERIOD FOR COMPUTING PRIOR VIOLATIONS FROM FIVE TO TEN YEARS, AND TO REPEAL SECTIONS 56-1-463 AND 56-1-465, RELATING TO THE APPLICABILITY OF SECTION 56-1-460 AND SUSPENSION IMPOSED UNDER SECTION 56-1-400.

Referred to Committee on Judiciary.

H. 3679 -- Reps. Hayes, Fair and Hearn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2952 SO AS TO MAKE IT UNLAWFUL FOR PERSONS UNDER THE AGE OF TWENTY-ONE TO OPERATE A MOTOR VEHICLE WITH A BLOOD ALCOHOL CONTENT OF TWO ONE-HUNDREDTHS OF ONE PERCENT OR GREATER BY WEIGHT OF ALCOHOL, TO PROVIDE PENALTIES FOR VIOLATIONS, TO PROVIDE THAT THESE PERSONS HAVE GIVEN THEIR IMPLIED CONSENT TO CERTAIN TESTS TO DETERMINE THE ALCOHOL CONTENT OF THEIR BLOOD, TO PROVIDE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE TESTS MUST BE ADMINISTERED, AND TO PROVIDE FOR CERTAIN SUSPENSIONS OF THE DRIVING PRIVILEGES OF THESE PERSONS WHO REFUSE TO TAKE TESTS OR WHOSE BLOOD ALCOHOL CONTENT, AS A RESULT OF THE TESTS, IS TWO ONE-HUNDREDTHS OF ONE PERCENT OR GREATER.

Referred to Committee on Education and Public Works.

H. 3680 -- Reps. Baxley, Keegan, G. Brown, Quinn, Ferguson, Holt, Phillips, Gordon, Cooper, Lockemy, K. Bailey, Hearn, Sharpe, Wright, Littlejohn, Vaughn, Glover, Wells, Rama, Corbett and Farr: A BILL TO REQUIRE THE STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING AND THE SCHOOL DISTRICTS OF THE STATE TO OBSERVE THE VETERANS DAY HOLIDAY AS PART OF THEIR HOLIDAY SCHEDULE.

Referred to Committee on Education and Public Works.

H. 3681 -- Reps. Rama, Barfield, Keegan, Littlejohn, Keesley, Barber, Corning, Whipper, Limehouse, Davenport, Mappus, Cooper, Hallman, Harvin, J. Brown, Wright, Koon, Wilder, Wofford, Glover, J. Harris, Lanford, Kohn and Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-295 SO AS TO PROVIDE THAT BEGINNING WITH THE 1990-91 SCHOOL YEAR, EVERY SCHOOL BUS MUST BE EQUIPPED WITH CERTAIN AUDIBLE-VISUAL SENSORY WARNING DEVICES, AND TO PROVIDE THAT EACH SCHOOL DISTRICT MUST BE REIMBURSED BY THE STATE FOR THE COST OF THESE DEVICES.

Referred to Committee on Education and Public Works.

H. 3682 -- Rep. L. Martin: A BILL TO AMEND SECTION 20-7-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GIVING MAGISTRATE AND MUNICIPAL COURTS CONCURRENT JURISDICTION WITH FAMILY COURTS FOR THE TRIAL OF PERSONS UNDER THE AGE OF SEVENTEEN CHARGED WITH TRAFFIC OR GAME LAW VIOLATIONS, SO AS TO GIVE THESE COURTS THE SAME JURISDICTION WITH REGARD TO VIOLATIONS OF SECTION 16-11-700, RELATING TO LITTER.

Referred to Committee on Judiciary.

H. 3683 -- Reps. T.C. Alexander and McLellan: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF YOUTH SERVICES NOT TO LOCATE A JUVENILE OFFENDERS' MARINE INSTITUTE AT A SITE ON LAKE JEMIKI, NEAR WALHALLA.

Referred to Committee on Invitations and Memorial Resolutions.

H. 3684 -- Reps. J. Harris and Burch: A BILL TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO CHANGE THE SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONE 5 FROM SEPTEMBER FIFTEENTH TO THANKSGIVING DAY TO MARCH SECOND TO THANKSGIVING DAY.

Referred to Committee on Agriculture and Natural Resources.

HOUSE RESOLUTION

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

H. 3685 -- Reps. McAbee, Felder, Barfield, H. Brown, Keegan, Stoddard, Moss, Cooper, Short, Holt, Fair, Littlejohn, Sharpe, G. Bailey, G. Brown, Harwell, Wilder, Faber, Hearn, Corning, J. Harris, J. Bailey, P. Harris, Koon, Boan, Corbett, Harvin, Whipper, Kay, K. Bailey, Glover, Blanding, Townsend, Baxley, Gordon, Phillips, Lockemy, Ferguson, Rhoad, Vaughn, Wofford, Cole, Fant, L. Martin, Jaskwhich, Mattos, Hayes, Neilson, Baker and McLeod: A HOUSE RESOLUTION TO PROVIDE THAT WHEN THE HOUSE OF REPRESENTATIVES ADJOURNS STATEWIDE BUSINESS ON THURSDAY, MARCH 23, 1989, IT SHALL STAND ADJOURNED UNTIL MONDAY, MARCH 27, 1989, FOR LOCAL UNCONTESTED MATTERS, AND THE STAFF SERVING THE MEMBERS OF THE HOUSE IS NOT REQUIRED TO WORK ON GOOD FRIDAY, MARCH 24, 1989.

Be it resolved by the House of Representatives:

That when the House adjourns statewide business on Thursday, March 23, 1989, it shall stand adjourned until Monday, March 27, 1989, for local uncontested matters, and the staff serving the members of the House is not required to work on Good Friday, March 24, 1989.

The Resolution was adopted.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barber
Barfield               Baxley                 Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burriss, M.D.          Carnell
Chamblee               Cooper                 Corbett
Cork                   Davenport              Faber
Fair                   Fant                   Farr
Felder                 Ferguson               Glover
Gordon                 Gregory                Hallman
Harris, J.             Harris, P.             Harwell
Hearn                  Hendricks              Holt
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Keyserling             Kirsh
Klapman                Lanford                Limehouse
Littlejohn             Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McCain
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Phillips
Quinn                  Rama                   Rhoad
Rogers, T.             Sharpe                 Sheheen
Short                  Simpson                Snow
Stoddard               Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.           Winstead               Wofford
Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 14, 1989.

Robert A. Kohn                    Howell Clyborne
John Rogers                       E. Leroy Nettles, Jr.
Robert B. Brown                   James H. Hodges
Irene K. Rudnick                  Ken Bailey
David M. Beasley                  Alex Harvin
Dell Baker                        Dick Elliott
Robert W. Hayes                   Paul M. Burch
James E. Lockemy                  J. Derham Cole
T.M. Burriss                      Paul Derrick
Roland S. Corning                 Larry E. Gentry
C. Lenoir Sturkie                 J. Roland Smith
Joseph T. McElveen, Jr.
Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. HASKINS a leave of absence for yesterday, today and tomorrow.

The SPEAKER granted Rep. McEACHIN a leave of absence for the remainder of the day.

STATEMENT OF ATTENDANCE

Rep. GORDON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, March 13, 1989.

H. 3600--AMENDED AND INTERRUPTED DEBATE

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

H. 3600 - The General Appropriations Bill
PART I
SECTION 12--RECONSIDERED, AMENDED
AND ADOPTED

Rep. McTEER moved to reconsider the vote whereby debate was adjourned on Section 12, which was agreed to.

Rep. McTEER proposed the following Amendment No. 69 (Doc. No. 2578U), which was adopted.

Amend the bill, as and if amended, in Part I, SECTION 12 (ADJUTANT GENERAL'S OFFICE), page 12-001, line 11, by inserting in columns (7) and (8) /815,073/ respectively.

Amend further in SECTION 12, page 12-004, lines 22 and 23, by inserting in columns (7) and (8):

/42,300 (2.00)/respectively.

Amend further in SECTION 12, page 12-004, line 28, by inserting in columns (7) and (8) /46,043/ respectively.

Amend further in SECTION 12, page 12-005, line 4, by inserting in column (7) /2,505,820/ and column (8) /1,911,163/ respectively.

Amend totals and title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Section 12, as amended, was adopted.

SECTION 12.1

Section 12.1 was adopted.

SECTION 12.2

Section 12.2 was adopted.

SECTION 12.3

Section 12.3 was adopted.

SECTION 12.4

Section 12.4 was adopted.

SECTION 27--RECONSIDERED AND ADOPTED

Rep. KIRSH moved to reconsider the vote whereby debate was adjourned on Section 27, which was agreed to.

Section 27 was adopted.

SECTION 27.1

Section 27.1 was adopted.

SECTION 27.2

Section 27.2 was adopted.

SECTION 27.3

Section 27.3 was adopted.

SECTION 27.4

Section 27.4 was adopted.

Rep. McLELLAN proposed the following Amendment No. 80 (Doc. No. 2638U).

Amend the bill, as and if amended, Part I, Section 28, by adding a new paragraph at the end of the section to be appropriately numbered which shall read:

/28.______. The Comptroller General, upon receipt of vouchers from the State Superintendent of Education, shall issue warrants to the State Treasurer payable to the respective school districts for those amounts as may be on hand, available for and applicable to the payment for state school aid./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLELLAN explained the amendment and moved to adjourn debate upon the amendment, which was adopted.

SECTION 29

Section 29 was adopted.

SECTION 29.1

Section 29.1 was adopted.

SECTION 29.2

Section 29.2 was adopted.

Rep. LOCKEMY proposed the following Amendment No. 78 (Doc. No. 0653b), which was adopted.

Amend the bill, as and if amended, Part I, Section 29 Educational Television Commission, Page 29-004, by adding after line 23, a new paragraph 29.4.

/Of the funds appropriated herein for TV, Radio and Other Production, the Educational Television Commission shall study methods of providing adequate public broadcasting coverage statewide. The Commission shall submit to the General Assembly a report on the findings by December 1, 1989.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LOCKEMY explained the amendment.

The amendment was then adopted.

SECTION 30

Section 30 was adopted.

SECTION 30.1

Section 30.1 was adopted.

SECTION 30.2

Section 30.2 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 31.1

Section 31.1 was adopted.

SECTION 31.2

Section 31.2 was adopted.

SECTION 31.3

Section 31.3 was adopted.

SECTION 31.4

Section 31.4 was adopted.

SECTION 31.5

Section 31.5 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 32.1

Section 32.1 was adopted.

SECTION 32.2

Section 32.2 was adopted.

SECTION 32.3

Section 32.3 was adopted.

SECTION 32.4

Section 32.4 was adopted.

SECTION 32.5

Section 32.5 was adopted.

SECTION 32.6

Section 32.6 was adopted.

SECTION 32.7

Section 32.7 was adopted.

SECTION 32.8

Section 32.8 was adopted.

SECTION 32.9

Section 32.9 was adopted.

SECTION 32.11

Section 32.11 was adopted.

SECTION 32.12

Section 32.12 was adopted.

SECTION 32.15

Section 32.15 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 33.1

Section 33.1 was adopted.

SECTION 33.2

Section 33.2 was adopted.

SECTION 33.3

Section 33.3 was adopted.

SECTION 34

Section 34 was adopted.

SECTION 34.1

Section 34.1 was adopted.

SECTION 34.2

Section 34.2 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 35.1

Section 35.1 was adopted.

SECTION 35.2

Section 35.2 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 36.1

Section 36.1 was adopted.

SECTION 36.2

Section 36.2 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 37.1

Section 37.1 was adopted.

SECTION 37.2

Section 37.2 was adopted.

SECTION 37.3

Section 37.3 was adopted.

SECTION 37.4

Section 37.4 was adopted.

SECTION 37.5

Section 37.5 was adopted.

SECTION 37.6

Section 37.6 was adopted.

SECTION 37.7

Section 37.7 was adopted.

SECTION 37.8

Section 37.8 was adopted.

SECTION 38--DEBATE ADJOURNED

Rep. CARNELL moved to adjourn debate upon the Section until completion of Section 43, which was adopted.

SECTION 39

Section 39 was adopted.

SECTION 39.2

Section 39.2 was adopted.

SECTION 39.3

Section 39.3 was adopted.

SECTION 39.4

Section 39.4 was adopted.

SECTION 39.5

Section 39.5 was adopted.

SECTION 39.6

Section 39.6 was adopted.

SECTION 39.7

Section 39.7 was adopted.

SECTION 39.8

Section 39.8 was adopted.

SECTION 39.9

Section 39.9 was adopted.

SECTION 39.10

Section 39.10 was adopted.

SECTION 39.12

Section 39.12 was adopted.

SECTION 39.13

Section 39.13 was adopted.

SECTION 39.14

Section 39.14 was adopted.

SECTION 39.15

Section 39.15 was adopted.

SECTION 39.16

Section 39.16 was adopted.

SECTION 39.17

Section 39.17 was adopted.

SECTION 39.18

Section 39.18 was adopted.

SECTION 39.19

Section 39.19 was adopted.

SECTION 39.20

Section 39.20 was adopted.

SECTION 39.21

Section 39.21 was adopted.

SECTION 39.22

Section 39.22 was adopted.

SECTION 39.24

Section 39.24 was adopted.

SECTION 39.26

Section 39.26 was adopted.

SECTION 39.27

Rep. MATTOS explained the Section.

Section 39.27 was adopted.

SECTION 39.28

Section 39.28 was adopted.

SECTION 39.29

Section 39.29 was adopted.

SECTION 39.30

Section 39.30 was adopted.

SECTION 39.31

Section 39.31 was adopted.

SECTION 39.32

Section 39.32 was adopted.

SECTION 39.33

Section 39.33 was adopted.

SECTION 39.36

Section 39.36 was adopted.

SECTION 39.37

Rep. MATTOS explained the Section.

Section 39.37 was adopted.

SECTION 39.38

Section 39.38 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 40.1

Section 40.1 was adopted.

SECTION 40.2

Section 40.2 was adopted.

SECTION 40.3

Section 40.3 was adopted.

SECTION 40.4

Section 40.4 was adopted.

SECTION 40.5

Section 40.5 was adopted.

SECTION 40.6

Section 40.6 was adopted.

SECTION 40.7

Section 40.7 was adopted.

SECTION 40.8

Section 40.8 was adopted.

SECTION 40.10

Section 40.10 was adopted.

SECTION 40.11

Section 40.11 was adopted.

SECTION 40.13

Section 40.13 was adopted.

SECTION 40.15

Section 40.15 was adopted.

SECTION 40.16

Section 40.16 was adopted.

SECTION 40.17

Section 40.17 was adopted.

SECTION 40.18-ADOPTED
POINT OF ORDER

Rep. McABEE raised the Point of Order that Section 40.18 was not in order as it did not directly relate to a line-item appropriation in the Bill and under Rule 5.3, it did not qualify as being germane.

Rep. P. HARRIS argued contra the Point.

Rep. J. ROGERS argued that the last sentence in the Proviso made it applicable.

Rep. McABEE further stated that it didn't relate to anything in the current appropriation.

The SPEAKER, citing Rule 5.3, stated that it was germane and he overruled the Point of Order.

Section 40.18 was then adopted.

SECTION 40.19

Section 40.19 was adopted.

SECTION 40.20

Section 40.20 was adopted.

SECTION 40.21

Section 40.21 was adopted.

SECTION 40.22

Section 40.22 was adopted.

Reps. M.D. BURRISS, BAXLEY, FERGUSON and SIMPSON proposed the following Amendment No. 81 (Doc. No. 0643b), which was adopted.

Amend the bill, as and if amended, Part 1, Section 40 Department of Mental Health, Page 40-010, beginning on line 14, right column by inserting a new paragraph /40.23 of the new funds appropriated herein for Community Mental Health, the Department of Mental Health is directed to expend $260,000 of the FY89-90 appropriations to provide for the expansion of Autistic services in the community./

Renumber sections to conform.

Amend totals and title to conform.

Rep. M.D. BURRISS explained the amendment.

The amendment was then adopted.

SECTION 41

Rep. FERGUSON explained the Section.

Section 41 was adopted.

SECTION 41.1

Section 41.1 was adopted.

SECTION 41.2

Section 41.2 was adopted.

SECTION 41.3

Section 41.3 was adopted.

SECTION 41.4

Section 41.4 was adopted.

SECTION 41.5

Section 41.5 was adopted.

SECTION 41.6

Section 41.6 was adopted.

SECTION 41.7

Section 41.7 was adopted.

SECTION 41.8

Section 41.8 was adopted.

SECTION 41.9

Section 41.9 was adopted.

SECTION 41.11

Section 41.11 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 42.1

Section 42.1 was adopted.

SECTION 42.2

Section 42.2 was adopted.

SECTION 42.3

Section 42.3 was adopted.

SECTION 42.4

Section 42.4 was adopted.

SECTION 43--REBATE ADJOURNED

Rep. MOSS moved to adjourn debate upon the Section, which was adopted.

SECTION 44

Section 44 was adopted.

SECTION 44.2

Section 44.2 was adopted.

SECTION 45--AMENDED AND ADOPTED

Rep. CARNELL proposed the following Amendment No. 17 (Doc. No. 0602b), which was adopted.

Amend the bill, as and if amended, Part I, Section 45 Advisory Board for Review of Foster Care of Children, Page 45-001, by inserting a new line after line 21, to read:
New positions:     (7)     (8)
Review Board Coordinators
FTE     (2.00)     (1.89)/

Renumber sections to conform.

Amend totals and title to conform.

Section 45, as amended, was adopted.

SECTION 46

Section 46 was adopted.

SECTION 46.1

Section 46.1 was adopted.

SECTION 46.2

Section 46.2 was adopted.

Rep. HEARN proposed the following Amendment No. 72 (Doc. No. 2592U), which was adopted.

Amend the bill, as and if amended, in PART I, SECTION 46 (COMMISSION FOR THE BLIND), page 46-004, by adding at the end an appropriately numbered paragraph to read:

/46.4. Of the amounts appropriated in this section, the Commission for the Blind must return to the Oconee County Commission for the Blind the one thousand dollar donation given to the state commission in 1987./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HEARN explained the amendment.

The amendment was then adopted.

SECTION 47-AMENDED AND ADOPTED

Rep. McABEE proposed the following Amendment No. 18 (Doc. No. 0572b), which was adopted.

Amend the bill, as and if amended, Part I, Section 47, Commission on Aging, p. 47-001, after line     21 insert:
/McCormick County     (7)     (8)
Intergenerational Project     $10,000     $10,000

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Section 47, as amended, was adopted.

SECTION 47.1

Section 47.1 was adopted.

SECTION 47.2

Section 47.2 was adopted.

SECTION 47.3

Section 47.3 was adopted.

SECTION 47.4

Section 47.4 was adopted.

SECTION 48-DEBATE ADJOURNED

Rep. DAVENPORT moved to adjourn debate upon the Section, which was adopted.

SECTION 49

Section 49 was adopted.

SECTION 49.1

Section 49.1 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 50.1

Section 50.1 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 52.1

Section 52.1 was adopted.

SECTION 52.2

Section 52.2 was adopted.

SECTION 52.3

Section 52.3 was adopted.

SECTION 52.4

Section 52.4 was adopted.

SECTION 52.5

Section 52.5 was adopted.

SECTION 52.6

Section 52.6 was adopted.

SECTION 52.7

Section 52.7 was adopted.

SECTION 52.9

Section 52.9 was adopted.

SECTION 52.10

Section 52.10 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 53.1

Section 53.1 was adopted.

SECTION 53.3

Section 53.3 was adopted.

SECTION 54-AMENDED AND ADOPTED

Reps. BLANDING, H. BROWN and MCKAY proposed the following Amendment No. 87 (Doc. No. 2617U), which was adopted.

Amend the bill, as and if amended, Part I, Section 54, Department of Youth Services, page 54-004, by inserting immediately after line 2:

(7)     (8)
/Charleston Marine Institute     361,201     361,201
Richland Marine Institute     361,201     361,201
Beaufort Marine Institute     720,224     720,224/.

Amend further, page 54-004, by inserting in Columns 7 and 8 on line 6:

/1,442,626/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BLANDING explained the amendment.

The amendment was then adopted.

Section 54, as amended, was adopted.

SECTION 54.1

Section 54.1 was adopted.

SECTION 54.3

Section 54.3 was adopted.

SECTION 54.4

Section 54.4 was adopted.

SECTION 54.5

Section 54.5 was adopted.

SECTION 54.6

Section 54.6 was adopted.

SECTION 54.7

Section 54.7 was adopted.

SECTION 54.8

Section 54.8 was adopted.

SECTION 54.9

Section 54.9 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 55.1

Section 55.1 was adopted.

SECTION 55.2

Section 55.2 was adopted.

SECTION 56

Section 56 was adopted.

SECTION 57

Section 57 was adopted.

SECTION 57.1

Section 57.1 was adopted.

SECTION 57.3

Rep. McABEE explained the section.

Section 57.3 was adopted.

SECTION 57.4

Section 57.4 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 58.1

Section 58.1 was adopted.

SECTION 58.2

Section 58.2 was adopted.

SECTION 58.3

Section 58.3 was adopted.

SECTION 58.4

Section 58.4 was adopted.

SECTION 58.5

Section 58.5 was adopted.

SECTION 58.6

Section 58.6 was adopted.

SECTION 58.7

Section 58.7 was adopted.

SECTION 58.8

Section 58.8 was adopted.

MOTION NOTED

Rep. CORK moved to reconsider the vote whereby Amendment 73 on Section 28 was tabled and the motion was noted.

SECTION 59

Section 59 was adopted.

SECTION 59 PROVISOS-DEBATE ADJOURNED

Rep. McLEOD moved to adjourn debate upon the Section, which was adopted.

SECTION 60

Section 60 was adopted.

SECTION 60.1--RULED OUT OF ORDER
POINT OF ORDER

Rep. SHARPE raised the Point of Order that Section 60.1 was out of order as it was not germane to the Bill.

Rep. McABEE argued contra the Point.

The SPEAKER sustained the Point of Order and ruled the section out of order.

SECTION 60.2

Section 60.2 was adopted.

SECTION 60.3

Section 60.3 was adopted.

SECTION 60.4

Section 60.4 was adopted.

SECTION 61-ADOPTED

Reps. FELDER, J. ROGERS, G. BROWN, BAXLEY, BARFIELD and BRUCE proposed the following Amendment No. 88 (Doc. No. 2608U), which was tabled.

Amend the bill, as and if amended, in Part I, Section 61, Clemson University--Public Service Activities, page 61-001, by inserting in Columns 7 and 8 on lines 8 and 10 /0/ and by inserting in Columns 7 and 8 on lines 9 and 11 /(0)/.

Amend further, page 61-004, by inserting in Columns 7 and 8 on lines 11, 13, and 15 /0/ and by inserting in Columns 7 and 8 on lines 12, 14, and 16 /(0)/.

Amend further, in Part I, Section 61, Clemson University--Public Service Activities, page 61-004, by inserting immediately after line 35

/Boll Weevil Eradication         250,000     250,000/.

Amend further, page 61-005, by inserting in Columns 7 and 8 on lines 6, 13, 15, and 17 /0/ and by inserting in Columns 7 and 8 on lines 7, 14, 16, and 18 /(0)/.

Amend totals and title to conform.

Rep. J. ROGERS explained the amendment.

Rep. McABEE spoke against the amendment.

Rep. G. BROWN spoke in favor of the amendment.

Rep. McLELLAN spoke against the amendment.

Rep. McABEE spoke against the amendment.

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

Section 61, was adopted.

SECTION 61.1

Section 61.1 was adopted.

SECTION 61.2

Section 61.2 was adopted.

SECTION 61.3

Section 61.3 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63--AMENDED AND ADOPTED

Rep. McABEE proposed the following Amendment No. 64 (Doc. No. 0638b), which was adopted.

Amend the bill, as and if amended, Part I, Section 63 Wildlife and Marine Resources Department, Page 63-004, line 40, opposite /Classified Positions/ by inserting in column (7) /6,252,011/ and in column (8) /4,130,036/.

Amend further on Page 63-005, line 16, opposite /Equipment/ by inserting in column (7) /1,251,566/ and in column (8) /819,032/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Section 63, as amended, was adopted.

SECTION 63.1

Rep. McABEE explained the Section.

Section 63.1 was adopted.

SECTION 63.2

Section 63.2 was adopted.

SECTION 63.3

Section 63.3 was adopted.

SECTION 63.4

Section 63.4 was adopted.

SECTION 63.5

Section 63.5 was adopted.

SECTION 63.6

Section 63.6 was adopted.

SECTION 63.7

Section 63.7 was adopted.

SECTION 63.8

Section 63.8 was adopted.

SECTION 63.9

Section 63.9 was adopted.

Reps. J. BAILEY and WASHINGTON proposed the following Amendment No. 85 (Doc. No. 0662b), which was ruled out of order.

Amend the bill, as and if amended, Part I, Section 63, Department of Wildlife and Marine Resources, page 63-011, right column, by inserting a new paragraph:

/63.____. No funds appropriated in this section may be expended for the Santee Coastal Reserve until a site for a public boat ramp, located within the Reserve borders along the Santee River, has been selected by the Department of Wildlife and Marine Resources and approved by the appropriate county Legislative Delegation./

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. BAILEY explained the amendment.

POINT OF ORDER

Rep. MCTEER raised the Point of Order that Amendment No. 85 was out of order as it was not germane as the substantial effect of the Amendment was not in compliance with Rule 5.3.

Rep. WASHINGTON argued contra the Point.

Rep. McTEER further stated that there was precedence concerning substantial effect of Amendments.

The SPEAKER stated that if the Amendment is a regulation or is directly germane to a regulation which affects the expenditure of the dollars under Section 4, then why did it not meet the test under Rule 5.3.

Rep. L. MARTIN stated that in the past Amendments had been ruled out of order because the substantial effect was not to appropriate money.

Rep. J. BAILEY stated that the purpose of his Amendment was to provide a public boat ramp on the Santee Coastal Reserve, and open up 24,000 acres of state-owned land to the public, and to ask that the money not be appropriated until the Charleston Delegation approved such location of a ramp.

The SPEAKER sustained Rep. McTEER'S Point of Order and ruled the Amendment out of order.

SECTION 64

Section 64 was adopted.

SECTION 64.1

Section 64.1 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 65.1

Section 65.1 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 66.1

Section 66.1 was adopted.

SECTION 66.2

Section 66.2 was adopted.

SECTION 66.3

Rep. McABEE explained the Section.

Section 66.3 was adopted.

SECTION 66.4

Section 66.4 was adopted.

SECTION 66.5

Section 66.5 was adopted.

SECTION 66.6

Section 66.6 was adopted.

SECTION 66.7

Section 66.7 was adopted.

Rep. ELLIOTT proposed the following Amendment No. 75 (Doc. No. 2453U), which was adopted.

Amend the bill, as and if amended, Part I, Section 66, by adding a new paragraph at the end of the section to be appropriately numbered which shall read:

/66.9 . Notwithstanding any other provision of law or appropriation herein contained, the Horry-Georgetown Tourism Commission is not eligible to receive any tourism funds-sharing grants./

Renumber paragraphs to conform.

Amend title to conform.

Rep. ELLIOTT explained the amendment.

The amendment was then adopted.

SECTION 67 AMENDED AND ADOPTED

Reps. BOAN, J. HARRIS, and T. ROGERS proposed the following Amendment No. 42 (Doc. No. 0584b), which was adopted.

Amend the bill, as and if amended, Part I, Section 67, State Development Board, page 67-004, line 10, opposite /Printing Binding & Advertising/ by inserting in column (7) /$1,387,099/ and in column (8) /$1,237,099/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Section 67, as amended, was adopted.

Rep. McLELLAN moved that the House recede, until 1:30 which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Bill.

THE HOUSE RESUMES

At 1:30 P.M. the House resumed, the SPEAKER in the chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

COMMUNICATION

The following was received.

STATE OF SOUTH CAROLINA
DEPARTMENT OF STATE

March 14, 1989
Mrs. Sandra McKinney
Clerk of the House of Representatives
State House
Columbia, S.C. 29201

Dear Mrs. McKinney:

Under date of March 14, 1989, the State Election Commission certified to this office the results of the election in House District No. 84, held in Aiken County on March 7, 1989. The certification shows that Mr. J. Roland Smith has been elected to the S.C. House of Representatives, District 84.

I, therefore, certify that Mr. J. Roland Smith has been duly elected as a member of the S.C. House of Representatives from District 84, Aiken County, for a term as prescribed by law.

Yours very truly,
John T. Campbell
SECRETARY OF STATE

Received as information.

COMMUNICATION

The following was received.

STATE OF SOUTH CAROLINA
ELECTION COMMISSION
CERTIFICATION

March 14, 1989
Honorable John T. Campbell
Secretary of State
Box 11350
Columbia, South Carolina 29211

Dear Mr. Secretary:

The State Board of Canvassers hereby certifies that Mr. J. Roland Smith was elected to the office of South Carolina House of Representatives, District 84, at the election held in Aiken County on March 7, 1989.

Sincerely,
C.D. Sexton
Roger Leaks, Jr.
William B. DePass, Jr.

BOARD OF STATE CANVASSERS

Received as information.

MEMBER-ELECT SWORN IN

Mr. J. ROLAND SMITH, member-elect from District No. 84 presented his credentials and the oath of office was administered to him by the SPEAKER.

H. 3600-AMENDED AND INTERRUPTED DEBATE

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

H. 3600-The General Appropriations Bill
SECTION 67.1

Section 67.1 was adopted.

SECTION 68

Section 68 was adopted.

SECTION 69

Section 69 was adopted.

SECTION 70

Section 70 was adopted.

SECTION 71

Section 71 was adopted.

SECTION 71.1

Section 71.1 was adopted.

SECTION 72

Section 72 was adopted.

SECTION 72.2

Section 72.2 was adopted.

SECTION 73

Section 73 was adopted.

SECTION 73.1

Section 73.1 was adopted.

SECTION 73.2

Section 73.2 was adopted.

SECTION 73.3

Section 73.3 was adopted.

SECTION 73.4

Section 73.4 was adopted.

SECTION 73.5

Section 73.5 was adopted.

SECTION 73.6

Section 73.6 was adopted.

SECTION 74

Section 74 was adopted.

SECTION 75

Section 75 was adopted.

SECTION 75.1

Section 75.1 was adopted.

SECTION 75.2

Section 75.2 was adopted.

SECTION 75.3

Section 75.3 was adopted.

SECTION 75.4

Section 75.4 was adopted.

SECTION 75.5

Section 75.5 was adopted.

SECTION 75.6

Section 75.6 was adopted.

SECTION 75.7

Section 75.7 was adopted.

SECTION 76

Rep. McTEER explained the Section.

Section 76 was adopted.

SECTION 77

Section 77 was adopted.

SECTION 78

Section 78 was adopted.

SECTION 78.1

Section 78.1 was adopted.

SECTION 78.2

Section 78.2 was adopted.

SECTION 78.3

Section 78.3 was adopted.

SECTION 79A

Section 79A was adopted.

SECTION 79B

Section 79B was adopted.

SECTION 79C

Section 79C was adopted.

SECTION 79.1

Section 79.1 was adopted.

SECTION 80

Section 80 was adopted.

SECTION 80.1

Section 80.1 was adopted.

SECTION 81

Section 81 was adopted.

SECTION 82

Section 82 was adopted.

SECTION 82.1

Section 82.1 was adopted.

SECTION 82.2

Section 82.2 was adopted.

SECTION 82.3

Section 82.3 was adopted.

SECTION 82.4

Section 82.4 was adopted.

SECTION 82.5

Section 82.5 was adopted.

SECTION 82.6

Section 82.6 was adopted.

SECTION 82.7

Section 82.7 was adopted.

SECTION 83

Section 83 was adopted.

SECTION 83.1

Section 83.1 was adopted.

SECTION 83.2

Section 83.2 was adopted.

SECTION 84

Section 84 was adopted.

SECTION 85

Section 85 was adopted.

SECTION 85.1

Section 85.1 was adopted.

SECTION 85.2

Section 85.2 was adopted.

SECTION 85.3

Section 85.3 was adopted.

SECTION 86

Section 86 was adopted.

SECTION 86.1

Section 86.1 was adopted.

SECTION 87

Section 87 was adopted.

SECTION 88

Section 88 was adopted.

SECTION 89

Section 89 was adopted.

SECTION 90

Section 90 was adopted.

SECTION 91

Section 91 was adopted.

SECTION 92

Section 92 was adopted.

SECTION 93

Section 93 was adopted.

SECTION 94

Section 94 was adopted.

SECTION 95

Section 95 was adopted.

SECTION 96

Section 96 was adopted.

SECTION 97

Section 97 was adopted.

SECTION 98

Section 98 was adopted.

SECTION 99

Section 99 was adopted.

SECTION 100

Section 100 was adopted.

SECTION 101

Section 101 was adopted.

SECTION 102

Section 102 was adopted.

SECTION 103

Section 103 was adopted.

SECTION 104

Section 104 was adopted.

SECTION 105

Section 105 was adopted.

SECTION 106

Section 106 was adopted.

SECTION 107

Section 107 was adopted.

SECTION 108

Section 108 was adopted.

SECTION 109

Section 109 was adopted.

SECTION 110

Section 110 was adopted.

SECTION 111

Section 111 was adopted.

SECTION 112

Section 112 was adopted.

SECTION 112.1

Section 112.1 was adopted.

SECTION 112.2

Section 112.2 was adopted.

SECTION 113

Section 113 was adopted.

SECTION 114

Section 114 was adopted.

SECTION 115

Section 115 was adopted.

SECTION 116

Section 116 was adopted.

SECTION 117

Section 117 was adopted.

SECTION 118

Section 118 was adopted.

SECTION 119

Section 119 was adopted.

SECTION 119.1

Section 119.1 was adopted.

SECTION 119.2

Section 119.2 was adopted.

SECTION 119.3

Section 119.3 was adopted.

SECTION 119.4

Section 119.4 was adopted.

SECTION 119.5

Section 119.5 was adopted.

SECTION 119.6

Section 119.6 was adopted.

SECTION 121-TABLED

Rep. McLELLAN moved to table the Section, which was agreed to.

SECTION 122

Section 122 was adopted.

SECTION 122.1-AMENDED AND ADOPTED

Rep. HARVIN proposed the following Amendment No. 22 (Doc. No. 2560U), which was adopted, later reconsidered and tabled.

Amend the bill, as and if amended, Part J, SECTION 122, AID TO SUBDIVISIONS, page 122-003, Proviso 122.1, by adding at the end of the proviso:

/The restrictions as set forth in the proviso do not apply to the distribution of revenues derived from the one percent assessment on premiums written on fire insurance under the provisions of Sections 38-7-70 and 38-7-40, and all the proceeds must be distributed as provided by Sections 23-9-400 and 23-99-410./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HARVIN explained the amendment.

Rep. McLELLAN spoke against the amendment.

Reps. BURCH, G. BAILEY, HENDRICKS and BAXLEY spoke in favor of the amendment.

Rep. BOAN moved to adjourn debate upon the amendment.

Rep. BAKER moved to table the motion, which was agreed to by a division vote of 61 to 42.

The question then recurred to the adoption of the amendment.

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

Yeas 106; Nays 5

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Bennett                Blackwell
Blanding               Brown, G.              Brown, H.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Corning
Davenport              Derrick                Elliott
Faber                  Fair                   Farr
Felder                 Ferguson               Foster
Gentry                 Glover                 Gordon
Hallman                Harris, J.             Harris, P.
Harvin                 Harwell                Hayes
Hearn                  Hendricks              Hodges
Holt                   Huff                   Jaskwhich
Johnson, J.C.          Kay                    Keegan
Keesley                Koon                   Lanford
Limehouse              Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McElveen
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Short
Simpson                Smith                  Snow
Stoddard               Sturkie                Taylor
Townsend               Tucker                 Vaughn
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Williams, D.           Williams, J.           Winstead
Wofford

Total-106

Those who voted in the negative are:

Kirsh                  Klapman                Sheheen
Waites                 Wright

Total-5

So, the amendment was adopted.

Reps. WAITES and WRIGHT proposed the following Amendment No. 108 (Doc. No. 2580U), which was tabled.

Amend the bill, as and if amended, in Part I, Section 122, Aid to Subdivisions, page 122-003, paragraph 122.1, left column, by striking /85.4/ on line 30 and inserting /90/.

Amend totals and title to conform.

Rep. WRIGHT explained the amendment.

Rep. McLELLAN spoke against the amendment.

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

Section 122.1, as amended, was adopted.

SECTION 122.2

Section 122.2 was adopted.

SECTION 122.3

Section 122.3 was adopted.

SECTION 122.4

Section 122.4 was adopted.

SECTION 122.5

Section 122.5 was adopted.

SECTION 122.6

Section 122.6 was adopted.

SECTION 122.7

Section 122.7 was adopted.

SECTION 122.8

Section 122.8 was adopted.

SECTION 122.9

Section 122.9 was adopted.

SECTION 122.10

Section 122.10 was adopted.

SECTION 122.11

Section 122.11 was adopted.

SECTION 122.12

Section 122.12 was adopted.

SECTION 122.13

Section 122.13 was adopted.

SECTION 122.14

Section 122.14 was adopted.

SECTION 122.15

Rep. BOAN explained the Section.

Section 122.15 was adopted.

SECTION 122.1-RECONSIDERED,
AMENDED AND ADOPTED

Rep. McLELLAN moved to reconsider the vote whereby Section 122.1 as amended was adopted, which was agreed to.

Reps. McABEE, BOAN and McLELLAN proposed the following Amendment No. 109 (Doc. No. 0679b), which was adopted.

Amend the bill, as and if amended, Part I, Section 122.1 - Aid to Subdivisions, Page 122-003, line 31, by inserting after /1989-90/ the following /Except fire departments shall receive 100% of funding as required by law and the amount in excess of 85.4% of formula for fire departments shall be reduced from the funding prescribed by law for Aid to Counties income tax./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLELLAN explained the amendment.

The question then recurred to the adoption of the amendment.

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

The amendment was then adopted by a division vote of 72 to 22.

AMENDMENT NO.22-RECONSIDERED AND TABLED

Rep. HARVIN moved to reconsider the vote whereby Amendment No. 22 was adopted, which was agreed to.

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

Section 122.1, as amended, was adopted.

SECTION 123

Section 123 was adopted.

SECTION 123.1

Section 123.1 was adopted.

SECTION 123.2

Section 123.2 was adopted.

SECTION 123.3

Section 123.3 was adopted.

SECTION 123.4

Section 123.4 was adopted.

SECTION 123.5

Section 123.5 was adopted.

SECTION 123.6

Section 123.6 was adopted.

SECTION 123.7

Section 123.7 was adopted.

SECTION 123.8

Section 123.8 was adopted.

SECTION 123.9

Section 123.9 was adopted.

SECTION 124

Section 124 was adopted.

SECTION 124.1

Section 124.1 was adopted.

SECTION 124.2

Section 124.2 was adopted.

SECTION 124.3

Section 124.3 was adopted.

SECTION 124.4

Section 124.4 was adopted.

SECTION 124.5

Section 124.5 was adopted.

SECTION 124.6

Section 124.6 was adopted.

SECTION 124.7

Section 124.7 was adopted.

SECTION 124.8

Section 124.8 was adopted.

SECTION 124.9

Section 124.9 was adopted.

SECTION 124.10

Section 124.10 was adopted.

SECTION 124.11

Section 124.11 was adopted.

SECTION 124.12

Section 124.12 was adopted.

SECTION 124.13

Section 124.13 was adopted.

SECTION 124.14

Section 124.14 was adopted.

SECTION 124.15

Section 124.15 was adopted.

SECTION 124.16

Section 124.16 was adopted.

SECTION 124.17

Section 124.17 was adopted.

SECTION 124.18

Section 124.18 was adopted.

SECTION 124.19--RULED OUT OF ORDER
POINT OF ORDER

Rep. SHARPE raised the Point of Order that Section 124.19 was out of order as it was not germane in compliance with Rule 5.3.

The SPEAKER sustained the Point of Order and ruled the Section out of order.

SECTION 124.20-RULED OUT OF ORDER
POINT OF ORDER

Rep. SHARPE raised the Point of Order that Section 124.20 was out of order as it was not germane in compliance with Rule 5.3.

The SPEAKER sustained the Point of Order and ruled the Section out of order.

SECTION 124.22

Section 124.22 was adopted.

SECTION 124.23

Section 124.23 was adopted.

SECTION 124.24

Rep. McTEER explained the Section.

Section 124.24 was adopted.

SECTION 124.25

Section 124.25 was adopted.

SECTION 127--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.

SECTION 128

Section 128 was adopted.

SECTION 129.1-AMENDED AND ADOPTED

Rep. McABEE proposed the following Amendment No. 59 (Doc. No. 0629b), which was adopted.

Amend the bill, as and if amended, Part I, Section 129 General Provisions, Page 129-001, Line 8, by inserting before "upon approval" the following /No requisitions for warrants shall be processed for any amounts less than one dollar./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Section 129.1, as amended, was adopted.

SECTION 129.2

Section 129.2 was adopted.

SECTION 129.3

Section 129.3 was adopted.

SECTION 129.4

Section 129.4 was adopted.

SECTION 129.5

Section 129.5 was adopted.

SECTION 129.6

Section 129.6 was adopted.

SECTION 129.7

Section 129.7 was adopted.

SECTION 129.8

Section 129.8 was adopted.

SECTION 129.9

Section 129.9 was adopted.

SECTION 129.10

Section 129.10 was adopted.

SECTION 129.11

Section 129.11 was adopted.

SECTION 129.12

Section 129.12 was adopted.

SECTION 129.13

Section 129.13 was adopted.

SECTION 129.14

Section 129.14 was adopted.

SECTION 129.15

Section 129.15 was adopted.

SECTION 129.16

Section 129.16 was adopted.

SECTION 129.17

Section 129.17 was adopted.

SECTION 129.18

Section 129.18 was adopted.

SECTION 129.19

Section 129.19 was adopted.

SECTION 129.20

Section 129.20 was adopted.

SECTION 129.21

Section 129.21 was adopted.

SECTION 129.22

Section 129.22 was adopted.

SECTION 129.23

Section 129.23 was adopted.

SECTION 129.24

Section 129.24 was adopted.

SECTION 129.25

Section 129.25 was adopted.

SECTION 129.26

Section 129.26 was adopted.

SECTION 129.27

Section 129.27 was adopted.

SECTION 129.28

Section 129.28 was adopted.

SECTION 129.29

Section 129.29 was adopted.

SECTION 129.30

Section 129.30 was adopted.

SECTION 129.31

Section 129.31 was adopted.

SECTION 129.32

Section 129.32 was adopted.

SECTION 129.33

Section 129.33 was adopted.

SECTION 129.34

Section 129.34 was adopted.

SECTION 129.35

Section 129.35 was adopted.

SECTION 129.36

Section 129.36 was adopted.

SECTION 129.37

Section 129.37 was adopted.

SECTION 129.38

Section 129.38 was adopted.

SECTION 129.39

Section 129.39 was adopted.

SECTION 129.40

Section 129.40 was adopted.

SECTION 129.41

Section 129.41 was adopted.

SECTION 129.42

Section 129.42 was adopted.

SECTION 129.43

Section 129.43 was adopted.

SECTION 129.44

Section 129.44 was adopted.

SECTION 129.46

Section 129.46 was adopted.

SECTION 129.47

Section 129.47 was adopted.

SECTION 129.48

Rep. BOAN explained the Section.

Section 129.48 was adopted.

SECTION 129.48--RECONSIDERED AND TABLED

Rep. J. ROGERS moved to reconsider the vote whereby Section 129.48 was adopted, which was agreed to.

Rep. J. ROGERS moved to table the Section, which was agreed to.

Reps. KIRSH and J.W. JOHNSON, JR. proposed the following Amendment No. 5 (Doc. No. 0577b), which was adopted.

Amend the bill, as and if amended, Part 1, General Provision, p. 129-012, after Line 21 insert the following new paragraph 129.49 /There is hereby created an ad hoc Task Force on Supercomputers, composed of two members appointed by the Governor, one of whom shall be designated by the Governor as Chairman, one member appointed by the Chairman of the Commission on Higher Education, one member appointed by the Chairman of the House Ways and Means Committee, one member appointed by the Chairman of the Senate Finance Committee, one member appointed by the President of Clemson University, one member appointed by the President of the University of South Carolina, one member appointed by the President of the Medical University of South Carolina and the Director of the Budget and Control Board Division of Research and Statistics or his designee.

The staff of the Commission on Higher Education shall serve as staff for the Task Force. The cost of conducting this study and providing technical consultants and such other support as the Task Force may require shall not exceed $20,000. Such cost shall be apportioned equally between the Governor's Office and the Commission on Higher Education.

Members of the Task Force will serve without per diem but may be reimbursed for such reasonable travel costs as may be required.

The Task Force shall assess the need, present and future, for the acquisition and use of one or more supercomputers by the State to serve economic development programs of the State and research needs of the public institutions of higher education.

In the event that the Task Force finds a need for State acquisition and operation in the near future of such a machine, the Task Force shall further:

1.     Examine commercial hardware and software available and determine the likely initial capital cost to be required, including the cost of necessary physical facilities; and indicating the cost of new interstate data links which may be required; and possible sources of financing.

2.     Determine the likely cost of annual operations including managerial, technical and support staff, network costs, training costs, utility costs and the like.

3.     Determine the optimum location for the facility or facilities.

4.     Determine a management structure and operational means by which access to such a facility by all public institutions of higher education, other state agencies, and by industrial or governmental research and development laboratories within the State may be assessed.

The Task Force shall submit its report by October 1, 1989, to the Governor, the Commission on Higher Education, the Ways and Means Committee, and the Senate Finance Committee./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. WASHINGTON, McABEE and KIRSH proposed the following Amendment No. 70 (Doc. No. 0642b), which was adopted.

Amend the bill, as and if amended, Part 1, Section 129 General Provisions, Page 129-012, by inserting before line 22 a new paragraph as follows 129.50 /It is the policy of the State of South Carolina to recruit, hire, train, and promote employees without discrimination because of race, color, sex, national origin, age, religion, or physical disability. This policy is to apply to all levels and phases of personnel within state government, including but not limited to recruiting, hiring, compensation, benefits, promotions, transfers, layoffs, recalls from layoffs, and educational, social, or recreational programs. It is the policy of the State to take affirmative action to remove the disparate effects of past discrimination, if any, because of race, color, sex, national origin, age, religion, or physical disability.

Each state agency shall submit to the State Human Affairs Commission employment and filled vacancy data by race and sex by October 31, of each year.

In accordance with Section 1-13-110 of the South Carolina Code of Laws of 1976, as amended, the Human Affairs Commission shall submit a report on the status of State Agencies' Affirmative Action Plans and Programs to the General Assembly by February 1 each year. This report shall contain the total number of persons employed in each job group, by race and sex, at the end of the preceding reporting period, a breakdown by race and sex of those hired or promoted from within the agency during the reporting period, and an indication of whether affirmative action goals were achieved.

For each job group referenced in the Human Affairs report, where the hiring of personnel does not reflect the percentage goals established in the agency's affirmative action plan for the year in question, the State agency shall submit a detailed explanation to the Human Affairs Commission by February 15, explaining why goals were not achieved.

The Human Affairs Commission shall review the explanations and notify the Budget and Control Board of any agency not in satisfactory compliance with meeting its stated goals.

The Budget and Control Board shall notify any agency not in compliance that their request for additional appropriations for the next appropriation cycle, may not be processed until such time as the Budget and Control Board, after consultation with the Human Affairs Commission, is satisfied that the agency is making a good faith effort to comply with its affirmative action plan, and that the compliance must be accomplished within a reasonable length of time to be determined by the mission and circumstances of the agency. This requirement shall not affect additional appropriation requests for public assistance payments or aid to entities.

This section does not apply to those agencies that have been exempted from the reporting requirements of the Human Affairs Commission./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 94 (Doc. No. 0658b), which was adopted.

Amend the bill, as and if amended, Part I, Section 129 - General Provisions, Page 129-012, right column, after line 35, by inserting a new paragraph:

/129.____ County Treasurer's must remit funds to the State Treasurer in any instance where a school district has been granted an adjustment to the index of taxpaying ability for the distribution of Education Finance Act funds for FY 89-90 as allowed in paragraph (b) of this provision. The amount of the remittance must be equal to the actual taxes paid for the property excluded from the index. The disposition of such remittances and the granting of adjustments to the index of taxpaying ability shall be as follows:

(a) The State Treasurer shall set aside in a special account any funds remitted in accordance with this provision. Upon the close of each fiscal year, the State Treasurer and Comptroller shall ensure that these funds are distributed to each school district on a proportional basis equal to the district's percentage of local match for the immediately preceding fiscal year. The State Department of Education shall provide the State Treasurer and Comptroller an amount for each district as prescribed herein. However, the State Department of Education shall exclude from its calculations, on an individual district basis, each district's share of the remittances for the fiscal year. This calculation is to ensure that the funds are appropriately distributed to districts which did not receive an index adjustment under paragraph

(B) Any taxable property that has been submitted, assigned to, or is a part of, or pursuant to a bankruptcy proceeding must be excluded from the calculation of the 1989 index of taxpaying ability upon the request of a school district. Any school district applying for such adjustment must notify the Tax Commission by July 15, 1989 of the property in question. The Tax Commission must provide an adjusted index to the Department of Education, not later than July 31, 1989, which shall be implemented in concert with any other authorized adjustment to the 1989 index of taxpaying ability./

Renumber sections to conform.

Amend totals and title to conform.

SECTION 130.1

Section 130.1 was adopted.

SECTION 3.44--AMENDED AND ADOPTED

Debate was resumed on Section 3.44.

Rep. McLELLAN proposed the following Amendment No. 58 (Doc. No. 0630b), which was adopted.

Amend the bill, as and if amended, Part I, Section 3 Legislative Department, Page 3-033, Paragraph 3.44, Line 15, by inserting after "Ways and Means Committee" the following /appointed by the Chairman/

Renumber sections to conform.

Amend totals and title to conform.

Section 3.44, as amended, was adopted.

SECTION 3.41-RECONSIDERED,
AMENDED AND ADOPTED

Rep. McLELLAN moved to reconsider the vote whereby Section 3.41 was adopted, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 57 (Doc. No. 0631b), which was adopted.

Amend the bill, as and if amended, Part I, Section 3 Legislative Department, Page 3-033, Paragraph 3.41, line 2 by deleting /1989/ and inserting /1990/

Renumber sections to conform.

Amend totals and title to conform.

Section 3.41, as amended, was adopted.

Rep. BOAN proposed the following Amendment No. 32 (Doc. No. 0589b), which was adopted, reconsidered and tabled.

Amend the bill, as and if amended, Part I, Section 3, Legislative Department, page 3-033, right column, beginning on line 42, by inserting a new paragraph

/3.____. Funds appropriated herein for the State Reorganization Commission may be used for the evaluation and auditing of pilot programs for public school district transportation services. The purpose of these pilot projects is to determine whether such a system is more effective, efficient and economical than existing systems. School districts are authorized to enter into contractual agreements with private contractors for transportation services and the Department of Education is authorized to allocate a fair and equitable portion of State appropriations to school districts for these pilot projects upon the request of a district. The State Budget and Control Board shall have approval authority for the method used by the Department of Education to allocate funds to school districts. Up to six pilot projects may be authorized to begin in FY 1989-1990 and continue for three years. If more than six pilot projects are requested, the Reorganization Commission shall select the six to be funded. Each pilot project may be comprised of one or more school districts upon the agreement of the participating districts. School districts participating in pilot projects may grant a waiver to a private contractor from any state transportation regulation provided that the level of passenger safety to be achieved by the regulation is not reduced. Any such waiver must be immediately reported in writing to the Department of Education and the Reorganization Commission.

Any person currently employed by the state or school district in which a pilot project is implemented, who becomes employed by the pilot project contractor, upon termination of the pilot project and his return to district/state employment, shall be eligible to receive state retirement credit for the time worked in the pilot project. The contractor must set aside the employee and employer share of benefits for this purpose. These funds must be held by the Department of Education in state accounts in accordance with state accounting regulations and procedures. State and local government entities involved in any aspect of implementing pilot projects as provided herein, shall cooperate fully with the Reorganization Commission and the Joint School Bus Transportation Study Committee in the performance of their prescribed duties./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 32-RECONSIDERED AND TABLED

Rep. BOAN moved to reconsider the vote whereby Amendment No. 32 was adopted, which was agreed to.

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

Reps. BOAN, KIRSH, NESBITT and J.W. JOHNSON proposed the following Amendment No. 112 (Doc. No. 0589b), which was adopted.

Amend the bill, as and if amended, Part I, Section 3, Legislative Department, page 3-033, right column, beginning on line 42, by inserting a new paragraph

/3.46. Funds appropriated herein for the State Reorganization Commission may be used for the evaluation and auditing of pilot programs for public school district transportation services. The purpose of these pilot projects is to determine whether such a system is more effective, efficient and economical than existing systems. School districts are authorized to enter into contractual agreements with private contractors for transportation services and the Department of Education is authorized to allocate a fair and equitable portion of State appropriations to school districts for these pilot projects upon the request of a district. The State Budget and Control Board shall have approval authority for the method used by the Department of Education to allocate funds to school districts. Up to six pilot projects may be authorized to begin in FY 1989-1990 and continue for three years. If more than six pilot projects are requested, the Joint School Bus Transportation Study Committee shall select the six to be funded. Each pilot project may be comprised of one or more school districts upon the agreement of the participating districts. School districts participating in pilot projects may grant a waiver to a private contractor from any state transportation regulation provided that the level of passenger safety to be achieved by the regulation is not reduced. Any such waiver must be immediately reported in writing to the Department of Education and the Reorganization Commission.

Any person currently employed by the state or school district in which a pilot project is implemented, who becomes employed by the pilot project contractor, upon termination of the pilot project and his return to district/state employment, shall be eligible to receive state retirement credit for the time worked in the pilot project. The contractor must set aside the employee and employer share of benefits for this purpose. These funds must be held by the Department of Education in state accounts in accordance with state accounting regulations and procedures. State and local government entities involved in any aspect of implementing pilot projects as provided herein, shall cooperate fully with the Reorganization Commission and the Joint School Bus Transportation Study Committee in the performance of their prescribed duties.

The Budget and Control Board shall insure that a timely implementation schedule is achieved for the pilot projects authorized herein./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 80--RECONSIDERED AND TABLED

Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on Amendment No. 80, which was agreed to.

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

SECTION 28, AMENDMENT NO. 73--RECONSIDERED
AND RULED OUT OF ORDER

The motion of Rep. CORK to reconsider the vote whereby Amendment No. 73 on Section 28 was tabled was taken up.

Rep. GENTRY moved to table the motion to reconsider.

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

Yeas 51; Nays 62

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, K.
Baker                  Beasley                Blanding
Carnell                Chamblee               Fair
Ferguson               Foster                 Gentry
Glover                 Harris, J.             Harris, P.
Hayes                  Hendricks              Hodges
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keesley
Kirsh                  Klapman                Lanford
Littlejohn             Manly                  Martin, D.
Martin, L.             McElveen               McGinnis
McLellan               McTeer                 Nesbitt
Phillips               Rogers, J.             Rudnick
Sheheen                Stoddard               Taylor
Townsend               Tucker                 Vaughn
Waites                 Wells                  Wilkes
Wilkins                Williams, D.           Wright

Total--51

Those who voted in the negative are:

Altman                 Bailey, G.             Bailey, J.
Barber                 Barfield               Baxley
Bennett                Blackwell              Boan
Brown, G.              Brown, H.              Brown, J.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Cole                   Cooper
Corbett                Cork                   Corning
Davenport              Derrick                Elliott
Faber                  Fant                   Farr
Gordon                 Hallman                Harvin
Harwell                Hearn                  Holt
Keegan                 Keyserling             Kohn
Koon                   Lockemy                Mappus
Mattos                 McAbee                 McBride
McCain                 McKay                  McLeod
Moss                   Neilson                Nettles
Quinn                  Rama                   Rogers, T.
Sharpe                 Short                  Smith
Snow                   Sturkie                Washington
Whipper                White                  Williams, J.
Winstead               Wofford

Total--62

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider the vote whereby the amendment was tabled.

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

Yeas 63; Nays 51

Those who voted in the affirmative are:

Altman                 Bailey, G.             Bailey, J.
Barber                 Barfield               Bennett
Blackwell              Brown, G.              Brown, H.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Burriss, T.M.
Cole                   Cooper                 Corbett
Cork                   Corning                Davenport
Derrick                Elliott                Faber
Fant                   Farr                   Glover
Gordon                 Hallman                Harvin
Harwell                Hearn                  Hodges
Holt                   Keegan                 Keyserling
Kohn                   Lockemy                Mappus
Mattos                 McAbee                 McBride
McCain                 McKay                  McLeod
Moss                   Neilson                Nettles
Phillips               Quinn                  Rama
Rogers, T.             Sharpe                 Short
Smith                  Snow                   Sturkie
Washington             Whipper                White
Williams, J.           Winstead               Wofford

Total--63

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, K.
Baker                  Baxley                 Beasley
Blanding               Carnell                Chamblee
Clyborne               Fair                   Ferguson
Foster                 Gentry                 Harris, J.
Harris, P.             Hayes                  Hendricks
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keesley
Kirsh                  Klapman                Koon
Lanford                Littlejohn             Manly
Martin, D.             Martin, L.             McElveen
McGinnis               McLellan               McTeer
Nesbitt                Rogers, J.             Rudnick
Sheheen                Stoddard               Taylor
Townsend               Tucker                 Vaughn
Waites                 Wells                  Wilkes
Wilkins                Williams, D.           Wright

Total--51

So, the motion to reconsider was agreed to.

POINT OF ORDER

Rep. L. MARTIN raised the Point of Order that Amendment No. 73 was out of order as it was not germane as it was not in compliance with Rule 5.3 as it did not relate to the appropriation of funds.

Rep. GENTRY added that the Amendment was not germane in that it was not related to a line item.

The SPEAKER stated that the substantial effect of the Amendment was to set the school year and he sustained the Point of Order and ruled the Amendment out of order.

Rep. R. BROWN proposed the following Amendment No. 96 (Doc. No. 0666b), which was adopted.

Amend the bill, as and if amended, Part I, Section 28 State Education Department, Page 28-028, line 20, right column, by inserting a new paragraph: 28.110.

/From the funds provided herein for adult education, $150,000 must be used to provide for ten pilot projects for rural education/economic development./

Renumber sections to conform.

Amend totals and title to conform.

Rep. R. BROWN explained the amendment.

The amendment was then adopted.

SECTION 4.3-AMENDED AND ADOPTED

Debate was resumed on Section 4.3.

Rep. LANFORD proposed the following Amendment No. 115 (Doc. No. 0681b), which was tabled.

Amend the bill, as and if amended, Part I, Section 43 Department of Social Services, Page 43-002, line 7, opposite /fixed charges/ by inserting in column (7) /3,225,607/ and in column (8) /1,140,819/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LANFORD explained the amendment.

Rep. WASHINGTON spoke against the amendment.

MOTION NOTED

Rep. CORNING moved to reconsider the vote whereby Amendment No. 16 on Section 14.18 was adopted and the motion was noted.

Rep. BAKER spoke in favor of the amendment.

Reps. LOCKEMY and WHIPPER spoke against the amendment.

Rep. WASHINGTON spoke against the amendment and moved to table the amendment.

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

Yeas 69; Nays 33

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, J.             Bailey, K.             Barber
Barfield               Bennett                Blackwell
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, M.D.
Carnell                Chamblee               Cooper
Elliott                Faber                  Fant
Felder                 Ferguson               Foster
Glover                 Gordon                 Hallman
Harris, P.             Harvin                 Harwell
Hayes                  Hearn                  Holt
Huff                   Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kirsh                  Klapman                Kohn
Lockemy                Mappus                 Martin, D.
Martin, L.             McAbee                 McBride
McElveen               McKay                  McLellan
McTeer                 Nesbitt                Nettles
Rama                   Rhoad                  Rogers, T.
Rudnick                Sheheen                Snow
Stoddard               Townsend               Tucker
Waites                 Washington             Whipper
White                  Wilder                 Winstead

Total-69

Those who voted in the negative are:

Baker                  Baxley                 Bruce
Burch                  Burriss, T.M.          Clyborne
Cole                   Corbett                Cork
Corning                Davenport              Derrick
Harris, J.             Hodges                 Jaskwhich
Koon                   Lanford                Littlejohn
Manly                  McCain                 McGinnis
McLeod                 Moss                   Neilson
Phillips               Quinn                  Short
Simpson                Taylor                 Vaughn
Wells                  Wilkins                Wright

Total-33

So, the amendment was tabled.

Reps. NEILSON and J. ROGERS proposed the following Amendment No. 83 (Doc. No. 0665b), which was adopted. Amend the bill, as and if amended, Part 1, Section 43 Department of Social Services, Page 43-015, by inserting before line 3, /Electronic Benefits Transfer Pilot Project/ and in Column (7) /400,000/ and in Column (8) /200,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. NEILSON explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. NEILSON continued speaking.

Rep. BLACKWELL spoke upon the amendment.

The amendment was then adopted.

Section 43, as amended, was adopted.

SECTION 43.1

Section 43.1 was adopted.

SECTION 43.2

Section 43.2 was adopted.

SECTION 43.3

Section 43.3 was adopted.

SECTION 43.4

Section 43.4 was adopted

SECTION 43.5

Section 43.5 was adopted.

SECTION 43.6

Section 43.6 was adopted.

SECTION 43.7-AMENDED AND ADOPTED

Rep. T.C. ALEXANDER proposed the following Amendment No. 82 (Doc. No. 0663b), which was adopted.

Amend the bill, as and if amended, Part 1, Section 43, Department of Social Services, page 43-019, paragraph 43.7, left column, line 43, by deleting /may elect to/ and inserting /will/

Amend further, right column, lines 03 and 04, by deleting based on funds availability /may elect to/ and inserting /will/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. T.C. ALEXANDER explained the amendment.

The amendment was then adopted.

Section 43.7, as amended, was adopted.

SECTION 43.8

Section 43.8 was adopted.

SECTION 43.9

Section 43.9 was adopted.

SECTION 43.10

Section 43.10 was adopted.

SECTION 43.11

Section 43.11 was adopted.

SECTION 43.12

Section 43.12 was adopted.

SECTION 43.13

Section 43.13 was adopted.

SECTION 43.14

Section 43.14 was adopted.

SECTION 43.15

Section 43.15 was adopted.

SECTION 43.16

Section 43.16 was adopted.

SECTION 43.17

Section 43.17 was adopted.

SECTION 43.18

Section 43.18 was adopted.

SECTION 43.19

Section 43.19 was adopted.

SECTION 43.20

Section 43.20 was adopted.

Reps. NEILSON and J. ROGERS proposed the following Amendment No. 100 (Doc. No. 0672b), which was adopted.

Amend the bill, as and if amended, Part I, Section 43, Dept. of Social Services, page 43-020, after line 29, by inserting a new paragraph as follows:

43.21/The funds appropriated herein for the Electronic Benefits Transfer System Pilot Project (EBT) shall be used for the development, start-up, and evaluation of the pilot. The Department of Social Services is directed to develop a request for proposals to pilot an Electronic Benefits Transfer System and implement the pilot project. The agency shall submit the findings and recommendations to the members of the Alternate Electronic Funds Transfer System committee by March 1, 1991/.

Renumber sections to conform.

Amend totals and title to conform.

SECTION 38--AMENDED AND ADOPTED

Debate was resumed on Section 38.

Reps. NEILSON and J. ROGERS proposed the following Amendment No. 99 (Doc. No. 0671b), which was adopted.

Amend the bill, as and if amended, Part I, Sec. 38, State Health and Human Services Finance Comm., page 38-005, line 13, opposite /Hospital Services/, by inserting in column (7) /177,799,457/ and in column (8) /35,388,802/.

Amend further page 38-005, line 14, opposite /Nursing Home Services/ by inserting in column (7) /27,528,457/ and column (8) /33,981,392/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. NEILSON explained the amendment.

The amendment was then adopted.

Reps. LOCKEMY, COOPER, SHORT and NEILSON proposed the following Amendment No. 124 (Doc. No. 0661b), which was tabled.

Amend the bill, as and if amended, Part I, Section 38 State Health and Human Services Finance Commission, Page 38-002, Line 5, by inserting in columns (7) and (8) /2,387,672/. Page 38-003, Line 17, by inserting in column (7) /147,532/ and in column (8) /53,932/ and on Line 18, insert in column (7) /(5.00)/ and in column (8) /(2.00)/, and on Lines 25 and 26, insert in columns (7) and (8) /0/, on Lines 23 and 24, insert in columns (7) and (8) /0/, on Lines 31 and 32, insert in columns (7) and (8) /0/.

Amend further, Page 38-005, Line 15, by inserting in column (7), /56,324,153/ and in column (8) /14,968,351/, and on Line 17, by inserting in column (7) /52,132,837/ and in column (8) /13,606,916/, insert on Line 18, column (7) /7,823,965/ and in column (8) /1,973,294/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LOCKEMY explained the amendment.

Reps. CARNELL and BLACKWELL spoke against the amendment.

Rep. BLACKWELL moved to table the amendment.

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

Yeas 52; Nays 49

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barfield               Blackwell
Boan                   Brown, H.              Carnell
Chamblee               Cole                   Elliott
Fair                   Felder                 Gentry
Hallman                Harris, P.             Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.W.          Keyserling
Kirsh                  Klapman                Lanford
Limehouse              Manly                  Martin, D.
Mattos                 McAbee                 McCain
McTeer                 Moss                   Nettles
Rhoad                  Rogers, J.             Rogers, T.
Sheheen                Simpson                Smith
Snow                   Townsend               Tucker
Waites                 Washington             Whipper
White                  Wilkes                 Wilkins
Wofford

Total--52

Those who voted in the negative are:

Bailey, K.             Baker                  Barber
Baxley                 Blanding               Brown, G.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Clyborne
Cooper                 Corbett                Cork
Derrick                Faber                  Fant
Farr                   Ferguson               Glover
Harris, J.             Harvin                 Harwell
Hayes                  Hearn                  Johnson, J.C.
Keesley                Koon                   Littlejohn
Lockemy                Mappus                 Martin, L.
McBride                McElveen               McGinnis
McKay                  McLeod                 Nesbitt
Phillips               Quinn                  Rama
Rudnick                Short                  Sturkie
Vaughn                 Wells                  Winstead
Wright

Total-49

So, the amendment was tabled.

Section 38, as amended, was adopted.

SECTION 38.1

Section 38.1 was adopted.

SECTION 38.2

Section 38.2 was adopted.

SECTION 38.6

Section 38.6 was adopted.

SECTION 38.7

Section 38.7 was adopted.

SECTION 38.8

Section 38.8 was adopted.

SECTION 38.9

Section 38.9 was adopted.

SECTION 38.10

Section 38.10 was adopted.

SECTION 38.12

Section 38.12 was adopted.

SECTION 38.14

Section 38.14 was adopted.

SECTION 38.17

Section 38.17 was adopted.

SECTION 38.18

Section 38.18 was adopted.

SECTION 38.19

Section 38.19 was adopted.

SECTION 38.20

Section 38.20 was adopted.

SECTION 38.21

Section 38.21 was adopted.

SECTION 38.22

Section 38.22 was adopted.

SPEAKER IN CHAIR

Rep. McABEE proposed the following Amendment No. 120 (Doc. No. 0684b), which was adopted.

Amend the bill, as and if amended, Part I, Section 38 State Health and Human Services Finance Comm., Page 38-008, right column, by inserting a new paragraph:

/38.23 Provided further the State Health and Human Services Finance Comm. may provide Title 19 funding for a minimum of 88 nursing care beds in each county, the State Medical Facilities Plan notwithstanding./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Rep. McABEE proposed the following Amendment No. 98 (Doc. No. 0673b), which was tabled.

Amend the bill, as and if amended, Part I, Section 38, State Health and Human Services Finance Commission, page 38-008, after line 33, by inserting the following new paragraph: /The capital cost reimbursement in counties with n population of less than 10,000 will be computed on the basis of $9.79 for county owned nursing home facilities. This $2.00 increase in capital cost reimbursement shall be funded from the Nursing Home line item appropriation./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. BLACKWELL spoke against the amendment.

Rep. McABEE spoke in favor of the amendment.

Rep. BLACKWELL moved to table the amendment, which was agreed to by a division vote of 59 to 53.

Rep. McABEE proposed the following Amendment No. 119 (Doc. No. 0680b), which was adopted.

Amend the bill, as and if amended, Part I, Section 39, Department of Health and Environmental Control, page 39-038, by inserting a new paragraph:

/39.39. Provided further, that every county in South Carolina may have at least eighty-eight long term care beds in the county. The South Carolina Department of Health and Environmental Control is authorized to allocate to each county, the Medical Facilities Plan notwithstanding, the number of beds required to assure a minimum of eighty-eight nursing care beds including existing beds and beds approved under the Certificate of Need program./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

SECTION 48

Debate was resumed on Section 48.

Section 48 was adopted.

SECTION 48.1

Section 48.1 was adopted.

SECTION 48.2

Section 48.2 was adopted.

SECTION 48.3

Section 48.3 was adopted.

SECTION 59 PROVISOS

Debate was resumed on Section 59 Provisos.

SECTION 59.1

Section 59.1 was adopted.

SECTION 59.2

Section 59.2 was adopted.

SECTION 59.3

Section 59.3 was adopted.

SECTION 59.4

Section 59.4 was adopted.

SECTION 59.5

Section 59.5 was adopted.

SECTION 59.6

Section 59.6 was adopted.

Reps. BLACKWELL and McLEOD proposed the following Amendment No. 105 (Doc. No. 0676b), which was ruled out of order.

Amend the bill, as and if amended, Part I, Section 59, State Forestry Commission, page 59-005, right column by inserting a new paragraph:

/59.___. The State Forestry Commission is directed to compile a report which itemizes corrective actions taken in response to specific recommendations made by the Legislative Audit Council in its report dated June 9, 1987. Included in this report should be the Forestry Commission's specific corrective actions, and if corrective actions have not been implemented, the reasons corrective actions have not been implemented.

This report must be submitted by August 1, 1989. Copies of the report are to be sent to the Governor, all members of the General Assembly and all members of the Forestry Commission.

If the Forestry Commission fails to comply with any of the terms in this paragraph, then the Commission must remit to the General Fund, from funds appropriated in this Section, an amount equal to the cost of the audit, as determined by the Legislative Audit Council.

It is further provided, that should the report not be submitted by August 1, 1989, then the Comptroller General shall irrevocably withhold salary payments to the State Forester until the report is submitted./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BLACKWELL explained the amendment.

POINT OF ORDER

Rep. WALDROP raised the Point of Order that Amendment No. 105 was out of order as it was not germane in compliance with Rule 5.3.

Rep. LIMEHOUSE argued contra the Point.

The SPEAKER stated that the substantial effect of the Amendment would be to comply with the report and if they did, then there would be no effect on revenue and he sustained the Point of Order and ruled the Amendment out of order.

MOTION NOTED

Rep. HEARN moved to reconsider the vote whereby Amendment No. 14 on Section 3.36 was tabled and the motion was noted.

Reps. BLACKWELL and McLEOD proposed the following Amendment No. 110 (Doc. No. 0676b), which was ruled out of order.

Amend the bill, as and if amended, Part I, Section 59, State Forestry Commission, page 59-005, right column by inserting a new paragraph:

/59.____. The State Forestry Commission is directed to compile a report which itemizes corrective actions taken in response to specific recommendations made by the Legislative Audit Council in its report dated June 9, 1987. Included in this report should be the Forestry Commission's specific corrective actions, and if corrective actions have not been implemented, the reasons corrective actions have not been implemented.

This report must be submitted by August 1, 1989. Copies of the report are to be sent to the Governor, all members of the General Assembly and all members of the Forestry Commission.

If the Forestry Commission fails to comply with any of the terms in this paragraph, then the Comptroller General shall irrevocably withhold salary payments to the State Forester until the report is submitted. Funds saved in this manner, contained on page 59-001, line 03, will be remitted to the General Fund to offset the cost Of the audit./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLEOD explained the amendment.

POINT OF ORDER

Rep. WALDROP raised the Point of Order that Amendment No. 110 was out of order as it was not germane in compliance with Rule 5.3.

The SPEAKER stated that the Amendment failed the substantial effect test and he sustained the Point of Order and ruled the Amendment out of order.

Reps. LIMEHOUSE, BLACKWELL and McLEOD proposed the following Amendment No. 133 (Doc. No. 0676b), which was ruled out of order.

Amend the bill, as and if amended, Part I, Section 59, State Forestry Commission, page 59-005, right column by inserting a new paragraph:

/59.___. Of the funds appropriated herein for the salary of the State Forester $5,000.00 shall be used by the State Forestry Commission to compile a report which itemizes corrective actions taken in response to specific recommendations made by the Legislative Audit Council in its report dated June 9, 1987. Included in this report should be the Forestry Commission's specific corrective actions, and if corrective actions have not been implemented, the reasons corrective actions have not been implemented.

This report must be submitted by August 1, 1989. Copies of the report are to be sent to the Governor, all members of the General Assembly and all members of the Forestry Commission.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

POINT OF ORDER

Rep. WALDROP raised the Point of Order that Amendment No. 133 was out of order as it was not germane in compliance with Rule 5.3.

Rep. L. MARTIN cited a previous ruling on April 11, 1985, which indicated in Part I that the substantial effect or main thrust of the Amendment was to do something else, and therefore, it still would not be germane.

Rep. LIMEHOUSE stated that the Amendment provided by the line item for the appropriation of a report.

The SPEAKER stated that the purpose of Amendment No. 133 was to force a report to be written and the question was whether or not that was an appropriate Proviso in Part I.

Rep. McLEOD then inquired about the difference between the question now and a previous Proviso in Section 122.

The SPEAKER stated that a Point of Order had not been raised on that Section.

The SPEAKER then stated that the Amendment related the report to the salary of a state agency head and he sustained the Point of Order and ruled the Amendment out of order.

SECTION 14.18-RECONSIDERED AND RULED
OUT OF ORDER

Rep. McLELLAN moved to reconsider the vote whereby Section 14.18 was adopted, which was agreed to.

AMENDMENT NO. 16--DEBATE ADJOURNED
ON MOTION TO RECONSIDER

The motion of Rep. CORNING to reconsider the vote whereby Amendment No. 16 was adopted was taken up.

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

Reps. HEARN, M.D. BURRISS, WAITES, FABER, COLE, BRUCE, LITTLEJOHN, FERGUSON, T.M. BURRISS, TAYLOR, WELLS, McGINNIS, CORNING, T. ROGERS, QUINN, J. BROWN, LANFORD, DAVENPORT, McBRIDE and MOSS proposed the following Amendment No. 113 (Doc. No. 2653U), which was tabled.

Amend the bill, as and if amended, Part 1, Section 14, by striking paragraph 14.18, as contained on page 14-052 and inserting:

/14.18. The Budget and Control Board is authorized to provide centralized purchasing for all state agencies and institutions except as may be exempt by the Board and is authorized to have sole authority to provide local and long distance communication services to be used by state agencies and institutions unless such responsibilities are delegated by the Budget and Control Board. There may be added, upon request, an additional one and one-half percent preference whenever the bidder is a manufacturer or processor whose bid will be supplied by a manufacturing or processing plant located in a county eligible for job tax credits under Section 12-7-1220 of the 1976 Code, or by a plant located in a county eligible to receive Title IX funds for economically disadvantaged or distressed areas./

Renumber sections to conform.

Amend totals and title to conform.

Rep. HEARN explained the amendment.

Rep. FERGUSON spoke in favor of the amendment.

Rep. HENDRICKS spoke against the amendment and moved to table the amendment.

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

Yeas 57; Nays 42

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barfield
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, R.
Burch                  Chamblee               Cooper
Corbett                Elliott                Fair
Felder                 Glover                 Harris, P.
Harvin                 Hayes                  Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Limehouse
Manly                  Martin, L.             Mattos
McElveen               McLellan               McLeod
McTeer                 Nettles                Rhoad
Sheheen                Short                  Simpson
Snow                   Stoddard               Townsend
Tucker                 Vaughn                 Waldrop
White                  Wilkins                Winstead

Total-57

Those who voted in the negative are:

Baker                  Barber                 Baxley
Brown, J.              Bruce                  Burriss, M.D.
Burriss, T.M.          Clyborne               Cole
Cork                   Davenport              Derrick
Faber                  Farr                   Ferguson
Hallman                Harwell                Hearn
Koon                   Lanford                Littlejohn
Lockemy                Mappus                 Martin, D.
McBride                McCain                 McGinnis
McKay                  Moss                   Neilson
Phillips               Quinn                  Rama
Rogers, T.             Rudnick                Sharpe
Smith                  Sturkie                Taylor
Waites                 Wells                  Wilkes

Total-42

So, the amendment was tabled.

Reps. CORNING and HEARN proposed the following Amendment No. 130 (Doc. No. 2698U), which was tabled.

Amend the bill, as and if amended, Part I, Section 14, by striking paragraph 14.18 as contained on page 14-052 and inserting:

/14.18. The Budget and Control Board is authorized to provide centralized purchasing for all state agencies and institutions except as may be exempt by the Board and is authorized to have sole authority to provide local and long distance communication services to be used by state agencies and institutions unless such responsibilities are delegated by the Budget and Control Board. There may be added, upon request, an additional one and one-half percent preference whenever the bidder is a manufacturer or processor whose bid will be supplied by a manufacturing or processing plant located in a county designated for the year ending the previous December thirty-first as a less developed area under Section 12-7-1220 of the 1976 Code./

Renumber sections to conform.

Amend totals and title to conform.

Rep. CORNING explained the amendment.

Rep. HENDRICKS moved to table the amendment.

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

The amendment was then tabled by a division vote of 63 to 37

POINT OF ORDER

Rep. CORNING raised the Point of Order that Section 14.18 was out of order as it was not germane in compliance with Rule 5.3.

The SPEAKER stated that the Section had been amended and the Point was being raised on the amended Section.

Rep. WINSTEAD stated that the Section covered two different items.

The SPEAKER sustained Rep. CORNING'S Point of Order and ruled the Section out of order.

PARLIAMENTARY INQUIRY

Rep. FELDER inquired if Rep. CORNING'S Point of Order came too late.

The SPEAKER stated that the Section was up for debate and the Point of Order was raised while it was up.

Rep. LANFORD moved that the House do now adjourn which was adopted.

MOTION NOTED

Rep. McLELLAN moved to reconsider the vote whereby 3.41, 3.44, 3.46, 12, 12.1, 12.2, 12.3, 12.4, 27, 27.1, 27.2, 27.3, 27.4, 28.110, 29, 29.1, 29.2, 29.4, 30, 30.1, 30.2, 31, 31.1, 31.2, 31.3, 31.4, 31.5, 32, 32.1, 32.2, 32.3, 32.4, 32.5, 32.6, 32.7, 32.8, 32.9, 32.11, 32.12, 32.15, 33, 33.1, 33.2, 33.3, 34, 34.1, 34.2, 35, 35.1, 35.2, 36, 36.1, 36.2, 37, 37.1, 37.2, 37.3, 37.4, 37.5, 37.6, 37.7, 37.8, 38, 38.1, 38.2, 38.6, 38.7, 38.8, 38.9, 38.10, 38.12, 38.14, 38.17, 38.18, 38.19, 38.20, 38.21, 38.22, 38.23, 39, 39.2, 39.3, 39.4, 39.5, 39.6, 39.7, 39.8, 39.9, 39.10, 39.12, 39.13, 39.14, 39.15, 39.16, 39.17, 39.18, 39.19, 39.20, 39.21, 39.22, 39.24, 39.26, 39.27, 39.28, 39.29, 39.30, 39.31, 39.32, 39.33, 39.36, 39.37, 39.38, 39.39, 40, 40.1, 40.2, 40.3, 40.4, 40.5, 40.6, 40.7, 40.8, 40.10, 40.11, 40.13, 40.15, 40.16, 40.17, 40.18, 40.19, 40.20, 40.21, 40.22, 40.23, 41, 41.1, 41.2, 41.3, 41.4, 41.5, 41.6, 41.7, 41.8, 41.9, 41.11, 42, 42.1, 42.2, 42.3, 42.4, 43, 43.1, 43.2, 43.3, 43.4, 43.5, 43.6, 43.7, 43.8, 43.9, 43.10, 43.11, 43.12, 43.13, 43.14, 43.15, 43.16, 43.17, 43.18, 43.19, 43.20, 43.21, 44, 44.2, 45, 46, 46.1, 46.2, 46.4, 47, 47.1, 47.2, 47.3, 47.4, 48, 48.1, 48.2, 48.3, 49, 49.1, 50, 50.1, 51, 52, 52.1, 52.2, 52.3, 52.4, 52.5, 52.6, 52.7, 52.9, 52.10, 53, 53.1, 53.3, 54, 54.1, 54.3, 54.4, 54.5, 54.6, 54.7, 54.8, 54.9, 55, 55.1, 55.2, 56, 57, 57.1, 57.3, 57.4, 58, 58.1, 58.2, 58.3, 58.4, 58.5, 58.6, 58.7, 58.8, 59, 59.1, 59.2, 59.3, 59.4, 59.5, 59.6, 60, 60.2, 60.3, 60.4, 61, 61.1, 61.2, 61.3, 62, 63, 63.1, 63.2, 63.3, 63.4, 63.5, 63.6, 63.7, 63.8, 63.9, 64, 64.1, 65, 65.1, 66, 66.1, 66.2, 66.3, 66.4, 66.5, 66.6, 66.7, 66.9, 67, 67.1, 68, 69, 70, 71, 71.1, 72, 72.2, 7.9, 73.1, 73.2, 73.3, 73.4, 73.5, 73.6, 74, 75, 75.1, 75.2, 75.3, 75.4, 75.5, 75.6, 75.7, 76, 77, 78, 78.1, 78.2, 78.3, 79A, 79B, 79C, 79.1, 80, 80.1, 81, 82, 82.1, 82.2, 82.3, 82.4, 82.5, 82.6, 82.7, 83, 83.1, 83.2, 84, 85, 85.1, 85.2, 85.3, 86, 86.1, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 112.1, 112.2, 113, 114, 115, 116, 117, 118, 119, 119.1, 119.2, 119.3, 119.4, 119.5, 119.6, 122, 122.1, 122.2, 122.3, 122.4, 122.5, 122.6, ] 22.7, 122.8, 122.9, 122.10, 122.11, 122.12, 122.13, 122.14, 122.15, 123, 123.1, 123.2, ]23.3, 123.4, 123.5, 123.6, 123.7, 123.8, 123.9, 124, 124.1, 124.2, 124.3, 124.4, 124.5, 124.6, 124.7, 124.8, 124.9, 124.10, 124.11, 124.12, 124.13, 124.14, 124.15, 124.16, 124.17, 124.18, 124.22, 124.23, 124.24, 124.25, 128, 129.1, 129.2, 129.3, 129.4, 129.5, 129.6, 129.7, 129.8, 129.9, 129.10, 129.11, 129.12, 129.13, 129.14, 129.15, 129.16, 129.17, 129.18, 129.19, 129.20, 129.21, 129.22, 129.23, 129.24, 129.25, 129.26, 129.27, 129.28, 129.29, 129.30, 129.31, 129.32, 129.33, 129.34, 129.35, 129.36, 129.37, 129.38, 129.39, 129.40, 129.41, 129.42, 129.43, 129.44, 129.46, 129.47, 129.49, 129.50, 129.51 and 130.1 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3477 -- Reps. Blackwell, Farr, Fant, Baker, M.O. Alexander, Mattos, Wilkins, Vaughn and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND THE NATIONAL WEATHER SERVICE TO KEEP OPEN THE SERVICE'S OFFICE AT GREENVILLE-SPARTANBURG AIRPORT.

ADJOURNMENT

At 6:20 P.M. the House in accordance with the motion Or Rep. LANFORD adjourned to meet at 10:00 A.M. tomorrow.


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