HOUSE JOURNAL for Mar. 16, 1993 - South Carolina Legislature Online

South Carolina General Assembly
110th Session, 1993-1994
Journal of the House of Representatives

TUESDAY, MARCH 16, 1993

Tuesday, March 16, 1993
(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:

O God our Father, the Inspiration to all who put their trust in You, we bow daily at this altar of prayer lest we be tempted by the fatal folly of relying solely on our own strength. We are certain of no refuge save Him Who is the eternal Rock of Ages. Give to us who toil at this day's duties such a measure of inner reliance upon our Heavenly Father that no crushing cares or relentless demands or tormenting fears may ever be able to blind our vision of God or shatter our faith in the constant help from the Lord.

Give us ears to hear from Proverbs: "He shall direct your paths." (Proverbs 3:6) 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.

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

March 11, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201

Dear Rep. Williams:

On behalf of the 9,000 members of the South Carolina Association of REALTORS, we would like to invite the members of the House to our annual Mid-Day Legislative Reception on March 31, 1993, at the Marriott Hotel immediately after you recess for lunch.

The reception is held in conjunction with "Capitol Conference 1993," our annual legislative convention where REALTORS from across the state attend seminars for half the day and conclude with the reception and visits to the General Assembly.

We look forward to having the members of the House join us.

Sincerely,
Julie E. Watson
Executive Vice President

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 16, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 445:
S. 445 -- Senators Waldrep and O'Dell: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO UTILIZE ALTERNATIVE B OR D FOR IMPLEMENTING THE ANDERSON PARKWAY AND ANDERSON-ABBEVILLE CONNECTOR ROUTES WHICH WILL USE EXISTING STATE HIGHWAY 29 TO CONNECT WITH UNITED STATES INTERSTATE 85.
Very respectfully,
President

Received as information.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 3711 -- Reps. McAbee, G. Brown, McMahand, Hines, Carnell, Scott, Richardson, R. Smith, P. Harris, Byrd, Anderson, Rhoad, J. Harris, Allison, Vaughn, Hutson, Cato, Witherspoon, Stone, Delleney, Sharpe, Thomas, Keyserling and Snow: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 9, 1993.

Be it resolved by the House of Representatives:

That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 9, 1993.

The Resolution was adopted.

HOUSE RESOLUTION

The following was introduced:

H. 3712 -- Rep. Tucker: A HOUSE RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AT THE DEATH OF MR. ELBERT L. WHITWORTH OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3713 -- Rep. J. Harris: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 26, 1993, FOR THE PRESENTATION OF THE ANNUAL VERNER AWARDS.

Be it resolved by the House of Representatives:

That the South Carolina Arts Commission is authorized to use the Chamber of the House of Representatives of the State House on Wednesday, May 26, 1993, from 5:30 p.m. to 7:00 p.m. for the presentation of the commission's annual Verner Awards.

Be it further resolved that the State House security forces provide such assistance and access as is necessary for the awards ceremony in accordance with previous procedures.

Be it further resolved that the South Carolina Arts Commission agrees in writing to reimburse General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House Chamber on that date and time.

Be it further resolved that authorization for use of the House Chamber is subject to cancellation should the House be in regular session on Wednesday, May 26, 1993, beyond the hour of 5:30 p.m.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3714 -- Reps. McLeod, G. Brown, Canty, McElveen and Neal: A CONCURRENT RESOLUTION COMMENDING JACK C. ANDERSON, JR., FOR HIS OUTSTANDING AND DEDICATED LEADERSHIP AS DEAN OF THE UNIVERSITY OF SOUTH CAROLINA - SUMTER, AND EXTENDING HIM BEST WISHES FOR HAPPINESS FOLLOWING HIS RETIREMENT.

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

INTRODUCTION OF BILLS

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

H. 3715 -- Rep. Rogers: A BILL TO AMEND SECTION 41-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ELEVATOR CODE, SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "FACILITY", "DUMBWAITER", AND "DORMANT FACILITY" AND TO PROVIDE DEFINITIONS FOR THE TERMS "TEMPORARILY DECOMMISSIONED FACILITY" AND "HANDICAP LIFT"; TO AMEND SECTION 41-16-40, RELATING TO THE ELEVATOR CODE AND THE ISSUANCE OF REGULATIONS, SO AS TO PROVIDE FOR CONTROL OR PREVENTION OF ACCESS TO TEMPORARILY DECOMMISSIONED FACILITIES AND QUALIFICATIONS FOR OBTAINING A SPECIAL INSPECTOR'S LICENSE, REVOCATION OF A SPECIAL INSPECTOR'S LICENSE, DISQUALIFICATION OF SPECIAL INSPECTORS, AND ETHICS OF SPECIAL INSPECTORS; TO AMEND SECTION 41-16-100, RELATING TO OPERATING PERMITS UNDER THE ELEVATOR CODE, SO AS TO DELETE REFERENCES TO "PERMIT" AND "PERMITS" AND SUBSTITUTE "CERTIFICATE" AND "CERTIFICATES" THEREFOR, PROVIDE A REFERENCE FOR "HANDICAP LIFT", DELETE CERTAIN LANGUAGE, AND PROVIDE THAT CERTIFICATES MUST BE ISSUED WITHIN THIRTY DAYS AFTER DETERMINATION BY THE DEPARTMENT OF LABOR THAT ALL DEFICIENCIES FOUND UPON INSPECTION HAVE BEEN CORRECTED AND ALL FEES HAVE BEEN PAID; TO AMEND SECTION 41-16-110, RELATING TO THE ELEVATOR CODE AND ORDERS, REVOCATION OF OPERATING PERMITS, AND JUDICIAL RELIEF, SO AS TO DELETE PROVISIONS RELATING TO THE COMMISSIONER OF LABOR ORDERING A PROPERTY OWNER TO MAKE CHANGES NECESSARY FOR COMPLIANCE UNDER CERTAIN CIRCUMSTANCES, AND RELATING TO THE COMMISSIONER SUSPENDING OR REVOKING AN OPERATING PERMIT OR REFUSING TO ISSUE AN OPERATING PERMIT FOR A FACILITY UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 41-16-140, RELATING TO FEES UNDER THE ELEVATOR CODE, SO AS TO PROVIDE THAT IN CASES WHERE THE FEES ARE NOT PAID WITHIN SIXTY DAYS, THE ATTORNEY GENERAL SHALL BRING AN ACTION AGAINST THE ASSESSED OWNER OR OPERATOR, PROVIDE FOR THE DEPOSIT OF ANY AMOUNTS COLLECTED, AND PERMIT THE STATE TO BE GRANTED COSTS AND ATTORNEYS' FEES FOR THESE ACTIONS; AND TO AMEND SECTION 41-16-180, RELATING TO THE ELEVATOR CODE AND CIVIL PENALTIES, SO AS TO DELETE THE CURRENT PROVISIONS AND PROVIDE FOR THE ASSESSMENT OF VARIOUS CIVIL PENALTIES IN VARYING AMOUNTS UNDER CERTAIN SPECIFIED CIRCUMSTANCES AND CONDITIONS, REQUIRE ALL AMOUNTS COLLECTED UNDER THIS SECTION TO BE TURNED OVER TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND, AND PROVIDE THAT ANY OWNER, OPERATOR, MANAGEMENT COMPANY, OR CONTRACTOR AFFECTED OR AGGRIEVED BY CERTAIN THINGS MAY PETITION THE COMMISSIONER OF LABOR FOR ADMINISTRATIVE REVIEW.

Referred to Committee on Labor, Commerce and Industry.

H. 3716 -- Rep. Davenport: A BILL TO AMEND SECTION 56-10-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A MOTOR VEHICLE SOUGHT TO BE REGISTERED IS INSURED AND PROOF OF INSURANCE, SO AS TO DELETE CERTAIN LANGUAGE AND ADD PROVISIONS AND LANGUAGE, INCLUDING, AMONG OTHER THINGS, A PROVISION THAT THE REGISTRATION APPLICANT'S CERTIFICATE THAT THE MOTOR VEHICLE IS INSURED MUST BE ACCOMPANIED BY A CERTIFICATE OF INSURANCE EXECUTED BY AN AUTHORIZED AGENT OR REPRESENTATIVE OF AN INSURANCE COMPANY DATED WITHIN THIRTY DAYS OF THE REGISTRATION.

Referred to Committee on Education and Public Works.

H. 3717 -- Rep. Rogers: A BILL TO AMEND SECTION 41-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, THE APPLICABILITY OF THESE PROVISIONS, AND EXCEPTIONS TO APPLICABILITY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO CERTAIN "OTHER PLACES OPEN TO THE PUBLIC"; TO AMEND SECTION 41-18-40, RELATING TO DEFINITIONS UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO DELETE CERTAIN LANGUAGE, MAKE CHANGES TO THE DEFINITIONS OF "TEMPORARY DEVICE" AND "SERIOUS INJURY", AND PROVIDE A DEFINITION FOR "CATASTROPHIC ACCIDENT"; TO AMEND SECTION 41-18-60, RELATING TO APPLICATION FOR, AND DURATION AND REVOCATION OF, A PERMIT UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERMIT IS VALID FOR A PERIOD OF UP TO ONE YEAR EXPIRING ON DECEMBER THIRTY-FIRST OF THE YEAR IT IS ISSUED, REQUIRE THAT NOTICE OF PLANNED SCHEDULES BE MAILED TO THE COMMISSIONER OF LABOR AT LEAST SEVEN, RATHER THAN FIFTEEN, DAYS BEFORE THE FIRST INTENDED DATE OF USE, AND PROVIDE THAT CERTAIN VIOLATIONS OF THE AMUSEMENT RIDES SAFETY CODE MAY RESULT IN REVOCATION IF WRITTEN NOTICE OF NONCOMPLIANCE IS SERVED UPON THE OWNER SPECIFYING ANY VIOLATION OF THE PROVISIONS OF THE CODE AND DIRECTING THE OWNER TO CORRECT THE VIOLATIONS WITHIN THE PERIOD SPECIFIED BY THE COMMISSIONER, RATHER THAN WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE; TO AMEND SECTION 41-18-70, RELATING TO THE INSPECTION OF AN AMUSEMENT DEVICE WHICH MUST BE MADE BEFORE A PERMIT MAY BE ISSUED, SO AS TO PROVIDE THAT THE INSPECTION MUST HAVE BEEN CONDUCTED WITHIN ONE MONTH, RATHER THAN WITHIN ONE YEAR, PRIOR TO THE PERMIT APPLICATION, UNLESS EXTENDED BY CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 41-18-80, RELATING TO INSPECTION PROCEDURES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE COMMISSIONER OF LABOR'S DESIGNEE, PROVIDE THAT, IN THE CASE OF A TEMPORARY DEVICE, BEFORE FIRST OPERATION IN THIS STATE EACH YEAR, RATHER THAN "UPON FIRST ENTRY INTO THE STATE", THE AMUSEMENT DEVICE MUST BE INSPECTED BY THE COMMISSIONER OR SPECIAL INSPECTOR FOR THE PERMIT TO BE ISSUED AND DELETE CERTAIN PROVISIONS; TO AMEND SECTION 41-18-100, RELATING TO THE AMUSEMENT RIDES SAFETY CODE, DISCRIMINATION, OWNER'S DUTIES AFTER SERIOUS INJURY OCCURS, AND INSPECTION AND CORRECTION OF DEFECTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY OWNER OR LESSEE WHO BECOMES AWARE AT A CERTAIN TIME THAT A SERIOUS INJURY HAD OCCURRED SHALL REPORT IT IMMEDIATELY AND IN NO CASE LATER THAN THE END OF THE NEXT BUSINESS DAY, AND PROVIDE THAT WHEN A CATASTROPHIC ACCIDENT, RATHER THAN A SERIOUS INJURY, OCCURS INVOLVING THE OPERATION OF AN AMUSEMENT DEVICE, THE OWNER OR LESSEE SHALL IMMEDIATELY SHUT DOWN THE DEVICE FROM FURTHER USE; TO AMEND SECTION 41-18-110, RELATING TO NOTICE TO OWNERS, LESSEES, AND OPERATORS OF AMUSEMENT DEVICES OF RIGHTS AND OBLIGATIONS UNDER THE AMUSEMENT RIDES SAFETY CODE UPON RECEIPT OF PERMIT APPLICATIONS, SO AS TO PROVIDE THAT THIS NOTICE MUST BE FURNISHED BY THE COMMISSIONER OF LABOR ONLY UPON REQUEST; AND TO AMEND SECTION 41-18-150, RELATING TO CIVIL PENALTIES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILFULLY OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS PER DEVICE FOR EACH DAY SUCH NONCOMPLIANCE CONTINUES, AND PROVIDE FOR A SIMILAR CIVIL PENALTY FOR A PERSON WHO OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER.

Referred to Committee on Labor, Commerce and Industry.

H. 3718 -- Rep. Tucker: A BILL TO AMEND SECTION 58-33-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE "UTILITY FACILITY SITING AND ENVIRONMENTAL PROTECTION ACT", SO AS TO PROVIDE THAT "MAJOR UTILITY FACILITY" MEANS ELECTRIC GENERATING PLANT AND ASSOCIATED FACILITIES DESIGNED FOR OR CAPABLE OF OPERATION AT A CAPACITY OF MORE THAN FIFTEEN, RATHER THAN SEVENTY-FIVE, MEGAWATTS AND MEANS AN ELECTRIC TRANSMISSION LINE AND ASSOCIATED FACILITIES OF A DESIGNED OPERATING VOLTAGE OF ONE HUNDRED, RATHER THAN ONE HUNDRED TWENTY-FIVE, KILOVOLTS OR MORE.

Referred to Committee on Labor, Commerce and Industry.

H. 3719 -- Rep. Tucker: A BILL TO AMEND SECTION 56-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ON REGULATION OF MANUFACTURERS, DISTRIBUTORS AND DEALERS, SO AS TO EXCLUDE FROM THE DEFINITION OF MOTOR VEHICLE DEALER, COMPANIES IN THE BUSINESS OF LEASING MOTOR VEHICLES THAT SELL THEM UPON EXPIRATION OF THE LEASE AGREEMENT.

Referred to Committee on Labor, Commerce and Industry.

H. 3720 -- Reps. Gonzales, A. Young, Barber, J. Bailey, Harrell, Fulmer, Wofford, Holt, Meacham, Simrill, Riser, Richardson, Vaughn, Whipper, Byrd, Inabinett, Breeland, McTeer, H. Brown, Hines and M.O. Alexander: A BILL TO AMEND SECTION 61-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION TO REGULATE ALCOHOLIC BEVERAGE RETAIL SALES LOCATION OPERATIONS, SO AS TO PROVIDE THAT NO PROVISION OF TITLE 61 PRE-EMPTS A COUNTY OR MUNICIPALITY FROM PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES DURING CERTAIN HOURS AND TO PROVIDE THAT EXISTING ORDINANCES PROHIBITING CERTAIN SALE HOURS ARE CONFIRMED AND RATIFIED.

Referred to Committee on Labor, Commerce and Industry.

H. 3721 -- Reps. Keyserling, Houck, Rogers, Cobb-Hunter, Rudnick, Canty, Neal, Richardson, Waites, Shissias, Inabinett, Hines, J. Bailey, Stille, Breeland, Scott, M.O. Alexander, Holt, Whipper, Snow, Wilkes, Askins, Byrd, Kirsh, Stone and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-135 SO AS TO MAKE IT A CRIME FOR A PERSON TO PREVENT A PERSON FROM ENTERING OR EXITING A MEDICAL FACILITY AND PROVIDE PENALTIES FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 3722 -- Rep. McLeod: A BILL TO AMEND SECTION 40-59-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL SPECIALTY CONTRACTORS, SO AS TO PROVIDE THAT SUCH A CONTRACTOR WHO IS REGISTERED OR CERTIFIED IN ONLY ONE SPECIALTY IS NOT REQUIRED TO BE LICENSED AS A RESIDENTIAL BUILDER IN ORDER TO ENGAGE IN AN UNDERTAKING THAT EXCEEDS FIVE THOUSAND DOLLARS WITHIN THE SPECIALTY CLASSIFICATION FOR WHICH HE IS REGISTERED OR CERTIFIED; TO PROVIDE FOR CERTAIN TEMPORARY FEES TO BE CHARGED BY AND PAID TO THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION UNTIL THE COMMISSION ESTABLISHES FEES BY REGULATION; AND TO PROVIDE THAT THE COMMISSION MAY NOT INCREASE OR EXTEND THESE PARTICULAR FEES THROUGH EMERGENCY REGULATIONS UNTIL AFTER ITS REGULATIONS HAVE BEEN PROMULGATED AND APPROVED PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 3723 -- Rep. Snow: A BILL TO AMEND SECTION 50-9-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POINT SYSTEM FOR SUSPENDING HUNTING AND FISHING PRIVILEGES, SO AS TO REVISE CURRENT COMMON, HUNTING, AND FISHING VIOLATIONS AND PROVIDE ADDITIONAL VIOLATIONS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

S. 525 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-77-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE TOTAL DIRECT CEDEABLE WRITTEN PREMIUMS AS USED IN THIS SECTION DO NOT INCLUDE PREMIUMS ATTRIBUTABLE TO RISKS CEDED TO THE FACILITY THAT DO NOT QUALIFY FOR THE SAFE DRIVER DISCOUNT PURSUANT TO SECTION 38-73-760(e).

Referred to Committee on Labor, Commerce and Industry.

S. 526 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE (SECURITIES DIVISION), RELATING TO DISHONEST OR UNETHICAL PRACTICES BY BROKER-DEALERS AND AGENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1511, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 527 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO ACTUARIAL OPINION AND MEMORANDUM REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1591, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Labor, Commerce and Industry.

S. 534 -- Senator Macaulay: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE LICENSED, SO AS TO PROHIBIT RENEWAL OF DRIVER'S LICENSES, TO ADD TO THE LIST OF PROHIBITIONS PERSONS WHOSE LICENSES ARE SUSPENDED OR REVOKED, PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES, AND PERSONS WITH PHYSICAL AND MENTAL DISABILITIES WHO THE DEPARTMENT, WITH GOOD CAUSE, BELIEVES ARE NOT CAPABLE OF SAFELY OPERATING A MOTOR VEHICLE.

Referred to Committee on Education and Public Works.

HOUSE RESOLUTION

The following was taken up for immediate consideration:

H. 3724 -- Rep. Fulmer: A HOUSE RESOLUTION TO CONGRATULATE THE CITADEL, THE MILITARY COLLEGE OF SOUTH CAROLINA, ON THE OBSERVANCE OF ITS SESQUICENTENNIAL, AND GRANT THE PRESIDENT OF THE CITADEL THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MARCH 17, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Be it resolved by the House of Representatives:

That the President of The Citadel, The Military College of South Carolina, is granted the privilege of the floor of the House of Representatives on Wednesday, March 17, 1993, at a time to be determined by the Speaker for the purpose of congratulating The Citadel on the observance of its sesquicentennial.

The Resolution was adopted.

MOTION ADOPTED

Rep. STODDARD moved that when the House adjourns, it adjourn in memory of Mrs. Louise C. Cook of Gray Court, which was agreed to.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Baxley
Beatty                 Boan                   Breeland
Brown, H.              Brown, J.              Chamblee
Cobb-Hunter            Cooper                 Cromer
Delleney               Fair                   Farr
Gamble                 Govan                  Graham
Hallman                Harrell                Harrelson
Harris, J.             Harris, P.             Harwell
Haskins                Hines                  Hodges
Holt                   Hutson                 Inabinett
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Lanford                Law
Littlejohn             Marchbanks             Mattos
McAbee                 McCraw                 McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Quinn                  Richardson             Riser
Robinson               Rogers                 Rudnick
Scott                  Sheheen                Simrill
Smith, D.              Smith, R.              Snow
Stille                 Stoddard               Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waites
Walker                 Wells                  White
Wilder, D.             Wilder, J.             Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 16.

Harry F. Cato                     Ronald C. Fulmer
James J. Bailey                   Larry L. Elliott
June S. Shissias                  William S. Houck, Jr.
Charles R. Sharpe                 Robert A. Barber, Jr.
Grady A. Brown                    Lucille S. Whipper
Timothy C. Wilkes                 Douglas Jennings, Jr.
E.B. McLeod, Jr.                  Ronald P. Townsend
Dave C. Waldrop, Jr.              James H. Harrison
Stephen E. Gonzales               Dell Baker
Michael F. Jaskwhich              Marion P. Carnell
C. Lenoir Sturkie                 Morgan Martin
Thomas E. Huff                    Larry L. Koon
Thomas N. Rhoad                   Alma W. Byrd
Molly M. Spearman                 Ralph W. Canty
John G. Felder                    G. Ralph Davenport, Jr.
Roland S. Corning                 H. Howell Clyborne, Jr.

Total Present--120

LEAVES OF ABSENCE

The SPEAKER granted Rep. CLYBORNE a temporary leave of absence.

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

DOCTOR OF THE DAY

Announcement was made that Dr. C. Craig Ward of Columbia is the Doctor of the Day for the General Assembly.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3703 -- Reps. Witherspoon, Kelley, Worley, Snow and Keegan: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR HORRY COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF HORRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

H. 3610--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3610
GENERAL APPROPRIATION BILL
SECTION 18B

Section 18B was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: 3610 General Subject Matter: Appropriations

Section #: 18B. Subject Matter: ABC.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JOHN G. FELDER

SECTION 18C

Section 18C was adopted.

SECTION 18C.2

Section 18C.2 was adopted.

SECTION 18C.3

Section 18C.3 was adopted.

SECTION 19A--AMENDED AND ADOPTED

Rep. OLIN PHILLIPS proposed the following Amendment No. 103 (Doc Name L:\h-wm\legis\amend\JCJ.012), which was adopted.

Amend the bill, as and if amended, Part I, Section 19A, Commission on Higher Education, Page 225, Line 10, Opposite /Other Operating Expenses/ by increasing the line in column /(1) 150,000/ and /(4) 150,000/

Renumber sections & amend totals/title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 19.

Amendment #: 103. General Subject Matter: Higher Ed.

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. ROBERT J. SHEHEEN

Rep. KIRSH proposed the following Amendment No. 110 (Doc Name L:\h-wm\legis\amend\CJ.006), which was adopted.

Amend the bill, as and if amended, Part I, Section 19A, Commission on Higher Education, Page 225, Line 18, Opposite /Executive Director/ by decreasing the line in column(s) /(1) 8,855 and in column (2) 8,855;/

Amend further,

Page 225, Line 19, Opposite /Executive Director/ by decreasing the line in columns(s) /(1) (.17) and in column (2) (.17);/

Amend further,

Page 225, Line 20, Opposite /Classified Pos./ by decreasing the line in column(s) /(1) 16,145 and in column (2) 16,145;/

Amend further,

Page 225, Line 21, Opposite /Classified Pos./ by decreasing the line in column(s) /(1) (1.83) and in column (2) (1.83)./

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Section 19A as amended was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriation Bill

Section #: 19A. Subject Matter: Higher Ed. Comm.

The reason for abstaining on the above referenced legislation is:

Rep. ROBERT J. SHEHEEN

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations Bill

Section #: 19A. Subject Matter: Commission on Higher Education.

Amendment #: . Subject Matter: Part I.

The reason for abstaining on the above referenced legislation is:

Rep. MARGARET J. GAMBLE

AMENDMENT NO. 101--MOTION TO RECONSIDER TABLED

Rep. SNOW moved to reconsider the vote whereby Amendment No. 101 was tabled.

Rep. BOAN moved to table the motion to reconsider, which was agreed to.

SECTION 19A.3

Section 19A.3 was adopted.

SECTION 19A.4

Section 19A.4 was adopted.

SECTION 19A.5

Section 19A.5 was adopted.

SECTION 19A.6

Section 19A.6 was adopted.

SECTION 19A.7

Section 19A.7 was adopted.

SECTION 19A.8

Section 19A.8 was adopted.

SECTION 19A.9

Section 19A.9 was adopted.

SECTION 19A.10

Section 19A.10 was adopted.

SECTION 19A.13

Section 19A.13 was adopted.

SECTION 19A.14

Section 19A.14 was adopted.

SECTION 19A.15

Section 19A.15 was adopted.

SECTION 19A.17

Rep. BOAN explained the section.

Section 19A.17 was adopted.

SECTION 19A.18

Section 19A.18 was adopted.

Rep. CROMER proposed the following Amendment No. 68 (Doc Name L:\h-wm\legis\amend\CK.002), which was tabled.

Amend the bill, as and if amended, Part I, Section 19A, Page 228, Commission on Higher Education, by adding an appropriately numbered proviso at the end to read /19A.___ It is the intent of the General Assembly that the boards of trustees of the State's colleges and universities shall consider the prior year's Higher Education Price Index rate for colleges and universities as determined by Research Associates of Washington as a guideline when considering the increases in Education and General Operation fees for the current school year. All recommended increases in Education and General Operation fees and all other tuition and fee increases for both out-of-state and in-state undergraduates and graduate students must be approved by the Commission on Higher Education prior to implementation of the fees. The Commission on Higher Education shall report all recommended increases in Education and General Operation fees and all other tuition and fee increases for both out-of-state and in-state undergraduates and graduate students to the House Ways and Means Committee and to the Senate Finance Committee at least thirty days prior to the implementation of any Education and General Operation fee increases or upon enactment of this bill./

Renumber sections & amend totals/title to conform.

Rep. CROMER explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KEEGAN a leave of absence.

Rep. McTEER spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 53 to 11.

Rep. McABEE proposed the following Amendment No. 176 (Doc Name L:\h-wm\legis\amend\JCJ.017), which was adopted.

Amend the bill, as and if amended, Part I, Section 19A, Commission on Higher Education, Page 228, Line 13.

Amend further, by adding an appropriately numbered proviso at the end to read /19.A of the funds appropriated to Higher Education for formula funding, an additional $200,000 will be allocated to continue the phase in of the Rural Physicians Program. The Commission on Higher Education will adjust the allocation of Formula funds to the institutions.

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

SECTION 19B

Section 19B was adopted.

SECTION 19B.3

Section 19B.3 was adopted.

SECTION 19C

Section 19C was adopted.

SECTION 19D

Section 19D was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: State Budget

Section #: 19D. Subject Matter: Clemson University.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.

Rep. THOMAS C. ALEXANDER

SECTION 19E

Section 19E was adopted.

SECTION 19F

Section 19F was adopted.

SECTION 19G

Section 19G was adopted.

SECTION 19H

Section 19H was adopted.

SECTION 19JA

Section 19JA was adopted.

SECTION 19JB

Section 19JB was adopted.

SECTION 19JC

Section 19JC was adopted.

SECTION 19JD

Section 19JD was adopted.

SECTION 19JE

Section 19JE was adopted.

SECTION 19JF

Section 19JF was adopted.

SECTION 19JG

Section 19JG was adopted.

SECTION 19JH

Section 19JH was adopted.

SECTION 19JI

Section 19JI was adopted.

SECTION 19JJ

Section 19JJ was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations Bill

Section #: 19JA-19JJ. Subject Matter: USC.

Amendment #: . Subject Matter: Part I.

The reason for abstaining on the above referenced legislation is:

Rep. MARGARET J. GAMBLE

SECTION 19J.1

Section 19J.1 was adopted.

SECTION 19J.2

Section 19J.2 was adopted.

SECTION 19JK--AMENDED

Reps. BOAN and J. HARRIS proposed the following Amendment No. 7 (Doc Name L:\h-wm\legis\amend\VC.008), which was adopted.

Amend the bill, as and if amended, Part I, Section 19, Higher Education, Pages 324 through 326, by moving Section 19JK Department of Archives and History in its entirety to Section 86 Department of Tourism, Recreation and Cultural Affairs as an appropriately numbered section at the end of the section.

Renumber sections & amend totals/title to conform.

SECTIONS 19JK.1, 19JK.2, 19JK.3, 19JK.4
AND 19JK.5--AMENDED

Reps. BOAN and J. HARRIS proposed the following Amendment No. 8 (Doc Name L:\h-wm\legis\amend\VC.009), which was adopted.

Amend the bill, as and if amended, Part I, Section 19, Higher Education, Page 327, Lines 1-36, by moving all provisos in their entirety to Section 86, Department of Tourism, Recreation and Cultural Affairs as appropriately numbered provisos for the Department of Archives and History.

Renumber sections & amend totals/title to conform.

SECTION 18K

Section 18K was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 18K. Subject Matter: Winthrop College.

The reason for abstaining on the above referenced legislation is:

Rep. BESSIE MOODY-LAWRENCE

SECTION 19LA

Section 19LA was adopted.

SECTION 19LB

Section 19LB was adopted.

SECTION 19LC

Section 19LC was adopted.

SECTION 19L.1

Section 19L.1 was adopted.

SECTION 19L.3

Section 19L.3 was adopted.

SECTION 19L.4

Section 19L.4 was adopted.

SECTION 19L.5

Section 19L.5 was adopted.

SECTION 19L.6

Section 19L.6 was adopted.

SECTION 19L.9

Section 19L.9 was adopted.

SECTION 19L.10

Rep. BOAN explained the section.

Section 19L.10 was adopted.

SECTION 19N--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 52 (Doc Name L:\h-wm\legis\amend\CJ.008), which was adopted.

Amend the bill, as and if amended, Part I, Section 19N, Board for Technical and Comprehensive Education, Page 354, Line 24, Opposite /Unclassified Positions/ by increasing the line in column(s) /(1) (63) and in column (2) (63)./

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Section 19N as amended was adopted.

SECTION 19N.1

Section 19N.1 was adopted.

SECTION 19N.2--DEBATE ADJOURNED

Rep. McABEE proposed the following Amendment No.163 (Doc Name L:\council\legis\amend\CYY\15314SD.93).

Amend the bill, as and if amended, Part I, Section 19, page 357, by amending Proviso 19N.2 to read:

/19N.2. (Surplus Real Property Disposal) Local area commissions may dispose of real property that is surplus to their needs upon prior approval of the State Board for Technical and Comprehensive Education ~~and the Budget and Control Board and the Joint Bond Review Committee~~. Proceeds from the sale of such property shall be ~~deposited in the capital improvement account of the local institution~~ used for needs established by the institution's governing body./

Renumber sections to conform.

Amend title to conform.

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

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

SECTION 19N.3

Section 19N.3 was adopted.

SECTION 19N.4

Section 19N.4 was adopted.

SECTION 20.1

Section 20.1 was adopted.

SECTION 20.2

Section 20.2 was adopted.

SECTION 20.3

Section 20.3 was adopted.

SECTION 20

Rep. BOAN explained the section.

Section 20 was adopted.

SECTION 20.1

Section 20.1 was adopted.

SECTION 20.2

Section 20.2 was adopted.

SECTION 20.3

Section 20.3 was adopted.

SECTION 20.4

Section 20.4 was adopted.

SECTION 20.5

Section 20.5 was adopted.

SECTION 20.6

Section 20.6 was adopted.

SECTION 20.7

Section 20.7 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 21.1

Section 21.1 was adopted.

SECTION 21.2

Section 21.2 was adopted.

SECTION 21.3

Section 21.3 was adopted.

SECTION 21.4

Section 21.4 was adopted.

SECTION 21.5

Section 21.5 was adopted.

SECTION 22--AMENDED

Rep. BOAN proposed the following Amendment No. 29 (Doc Name L:\h-wm\legis\amend\FAR.35), which was adopted.

Amend the bill, as and if amended, Part I, Section 22, Governor's School Science/Math, Page 365, Lines 1-28, by moving Section 22, Governor's School Science/Math in its entirety to Section 5, Governor's Office, as an appropriately numbered section beginning on Page 54, Line 2.

Renumber sections & amend totals/title to conform.

SECTION 22.1--AMENDED

Reps. BOAN and McTEER proposed the following Amendment No. 30 (Doc Name L:\h-wm\legis\amend\FAR.004), which was adopted.

Amend the bill, as and if amended, Part I, Section 22, Governor's School Science/Math, Page 365, Lines 3 through 32 by moving provisos in their entirety to Section 5, Governor's Office, as an appropriately numbered section beginning on Page 54, Line 2.

Renumber sections & amend totals/title to conform.

LEAVE OF ABSENCE

The SPEAKER granted Rep. GOVAN a temporary leave of absence.

SECTION 23A

Section 23A was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: HHSFC (Nursing Home)

Section #: 23A. Subject Matter: HHSFC.

The reason for abstaining on the above referenced legislation is:

Rep. WILLIAM D. BOAN

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: 93/94 Appropriations

Section #: 23A. Subject Matter: Health & Human Services Finance Commission.

The reason for abstaining on the above referenced legislation is:

Rep. DELL BAKER

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 23A. Subject Matter: Dept. of Health and Human Serv.

The reason for abstaining on the above referenced legislation is:

Rep. DANIEL T. COOPER

SECTION 23A.1

Section 23A.1 was adopted.

SECTION 23A.2

Section 23A.2 was adopted.

SECTION 23A.3

Section 23A.3 was adopted.

SECTION 23A.5

Section 23A.5 was adopted.

SECTION 23A.6

Section 23A.6 was adopted.

SECTION 23A.7

Section 23A.7 was adopted.

SECTION 23A.8

Section 23A.8 was adopted.

SECTION 23A.10

Section 23A.10 was adopted.

SECTION 23A.12

Section 23A.12 was adopted.

SECTION 23A.14

Section 23A.14 was adopted.

SECTION 23A.15

Section 23A.15 was adopted.

SECTION 23A.16

Section 23A.16 was adopted.

SECTION 24A--AMENDED AND DEBATE ADJOURNED

Reps. BOAN and MATTOS proposed the following Amendment No. 25 (Doc Name L:\h-wm\legis\amend\DLC.030), which was adopted.

Amend the bill, as and if amended, Part I, Section 24, Department of Health, Page 0374, Line 5, opposite /Classified Positions/ by decreasing the amount in column(s) /(1) 103,472 (2) 56,520 (4) 46,952/

Amend further, Page 0374, Line 6, by decreasing the FTE's in column(s) /(1) (3.00) (2) (2.00) (4) (1.00)/

Amend further, Page 0374, Line 12, opposite /Other Operating Expenses/ by decreasing the line in column(s) /(1) 25,045 (2) 453 (4) 24,592/

Amend further, Page 0374, after Line 12, by inserting a new line /I.A. Division of Minority Health/

Amend further, Page 0374, after Line 13, by inserting a new line /Classified Positions/ by increasing the amount in column(s) /(1) 103,472 (2) 56,520 (4) 46,952/

Amend further, Page 374, after Line 14, by increasing the FTE's in column(s) /(1) (3.00) (2) (2.00) (4) (1.00)/

Amend further, Page 374, after Line 15, opposite /Other Operating/ by increasing the line in column(s) /(1) 25,045, (2) 453 (4) 24,592/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. SCOTT proposed the following Amendment No. 145 (Doc Name L:\h-wm\legis\amend\DLC.034).

Amend the bill, as and if amended, Part I, Section 24A, Department of Health, Page 0376, after Line 38, by inserting a new line: /Teen Health Scene/ and inserting the following amounts in column(s) /(1) 50,000 (2) 50,000/

Renumber sections & amend totals/title to conform.

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

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

SECTION 24A.1

Section 24A.1 was adopted.

SECTION 24A.2

Section 24A.2 was adopted.

SECTION 24A.4

Section 24A.4 was adopted.

SECTION 24A.5

Section 24A.5 was adopted.

SECTION 24A.6

Section 24A.6 was adopted.

SECTION 24A.7

Section 24A.7 was adopted.

SECTION 24A.8

Section 24A.8 was adopted.

SECTION 24A.9

Section 24A.9 was adopted.

SECTION 24A.10

Section 24A.10 was adopted.

SECTION 24A.11

Section 24A.11 was adopted.

SECTION 24A.12

Section 24A.12 was adopted.

SECTION 24A.14

Section 24A.14 was adopted.

SECTION 24A.15

Section 24A.15 was adopted.

SECTION 24A.16

Section 24A.16 was adopted.

SECTION 24A.17

Section 24A.17 was adopted.

SECTION 24A.18

Section 24A.18 was adopted.

SECTION 24A.19

Section 24A.19 was adopted.

SECTION 24A.20

Section 24A.20 was adopted.

SECTION 24A.21

Section 24A.21 was adopted.

SECTION 24A.24

Section 24A.24 was adopted.

SECTION 24A.25

Section 24A.25 was adopted.

SECTION 24A.27

Section 24A.27 was adopted.

SECTION 24A.28

Section 24A.28 was adopted.

SECTION 24A.29

Section 24A.29 was adopted.

SECTION 24A.30

Section 24A.30 was adopted.

SECTION 24A.32

Rep. KIRSH explained the section.

Section 24A.32 was adopted.

SECTION 24B--AMENDED

Reps. BOAN and MATTOS proposed the following Amendment No. 10 (Doc Name L:\h-wm\legis\amend\TMR.AD1), which was adopted.

Amend the bill, as and if amended, Part I, Section 24, Department of Health, Page 385, Lines 1-38.

Amend further,

Page 386, Lines 1-38.

Amend further,

Page 387, Lines 1-4, by moving Section 24B, SCCADA in its entirety to an appropriately numbered section titled Department of Alcohol and Other Drug Abuse Services.

Renumber sections & amend totals/title to conform.

SECTIONS 24B.1, 24B.2, 24B.3--AMENDED

Reps. BOAN and MATTOS proposed the following Amendment No. 9 (Doc Name L:\h-wm\legis\amend\TMR.AD2), which was adopted.

Amend the bill, as and if amended, Part I, Section 24, SCCADA, Page 388, Lines 1-10, by moving SCCADA provisos in their entirety to an appropriately numbered section titled Department of Alcohol and Other Drug Abuse Services.

Renumber sections & amend totals/title to conform.

SECTION 24B.4--AMENDED AND DELETED

Reps. BOAN and MATTOS proposed the following Amendment No. 100 (Doc Name L:\h-wm\legis\amend\TMR.AD5), which was adopted.

Amend the bill, as and if amended, Part I, Section 24B, SCCADA, Page 388, by deleting proviso 24B.4 in its entirety.

Renumber sections & amend totals/title to conform.

SECTION 25A--AMENDED AND DEBATE ADJOURNED

Reps. BOAN and MATTOS proposed the following Amendment No. 31 (Doc Name L:\h-wm\legis\amend\VRC.25), which was adopted.

Amend the bill, as and if amended, Part I, Section 25, Agency - Department of Mental Health, Page 393, by inserting new lines after Line 22 to read:

/VIII. RESIDENTIAL TREATMENT/EMOTIONALLY DISTURBED CHILDREN

Personal Service:
Classified Positions (1)76,752 (2)38,376 (3)38,376
(1) (3.0) (2) (1,50) (3) (1.50)

Other Operating Expenses (1) 2,700 (2) 1,350 (3) 1,350

Public Assistance Payments: (1)15,707,164 (2)6,645,713
(3)4,061,451 (4)5,000,000/

Amend further, Page 393, Line 26, Opposite /Employer Contributions/ by increasing the amount in columns (1) 20,048 (2)10,024 (3)10,024

Renumber sections & amend totals/title to conform.

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

SECTION 25A.1

Section 25A.1 was adopted.

SECTION 25A.2

Section 25A.2 was adopted.

SECTION 25A.3

Section 25A.3 was adopted.

SECTION 25A.6

Section 25A.6 was adopted.

SECTION 25A.8

Section 25A.8 was adopted.

SECTION 25A.9

Section 25A.9 was adopted.

SECTION 25A.10

Section 25A.10 was adopted.

SECTION 25A.12

Section 25A.12 was adopted.

SECTION 25A.13

Section 25A.13 was adopted.

SECTION 25A.14

Section 25A.14 was adopted.

SECTION 25A.15

Section 25A.15 was adopted.

Rep. P. HARRIS proposed the following Amendment No. 65 (Doc Name L:\h-wm\legis\amend\TIM.DMH), which was adopted.

Amend the bill, as and if amended, Part I, Section 25A, Dept. of Mental Health, Page 396, by adding an appropriately numbered proviso to read / 25A Of the additional funds appropriated herein for FY 93-94, $770,000 is designated for the Campbell Nursing Home./

Renumber sections & amend totals/title to conform.

Rep. P. HARRIS explained the amendment.

The amendment was then adopted.

SECTION 26A

Section 26A was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 26. Subject Matter: Mental Retardation.

The reason for abstaining on the above referenced legislation is:

Rep. JOHN G. FELDER

SECTION 26A.1

Section 26A.1 was adopted.

SECTION 26A.2

Section 26A.2 was adopted.

SECTION 26A.3

Section 26A.3 was adopted.

SECTION 26A.4

Section 26A.4 was adopted.

SECTION 26A.5

Section 26A.5 was adopted.

SECTION 26A.6

Section 26A.6 was adopted.

SECTION 26A.9

Section 26A.9 was adopted.

SECTION 26B--AMENDED

Reps. BOAN and MATTOS proposed the following Amendment No. 24 (Doc Name L:\h-wm\legis\amend\TMR.AD3), which was adopted.

Amend the bill, as and if amended, Part I, Section 26, Department of Disabilities, Page 403, Lines 1-39.

Amend further,

Page 404, Lines 1-39.

Amend further,

Page 405, Lines 1-8, by moving Section 26B, Commission for the Blind in its entirety to an appropriately numbered section titled Commission for the Blind.

Renumber sections & amend totals/title to conform.

SECTIONS 26B.1, 26B.2--AMENDED

Reps. BOAN and MATTOS proposed the following Amendment No. 23 (Doc Name L:\h-wm\legis\amend\TMR.AD4), which was adopted.

Amend the bill, as and if amended, Part I, Section 26, Department of Disabilities, Page 406, Lines 1-5, by moving the Commission for the Blind provisos in their entirety to an appropriately numbered section titled Commission for the Blind.

Renumber sections & amend totals/title to conform.

SECTION 26C

Section 26C was adopted.

SECTION 26C.2

Section 26C.2 was adopted.

SECTION 26D--AMENDED

Rep. BOAN proposed the following Amendment No. 11 (Doc Name L:\h-wm\legis\amend\CJ.003), which was adopted.

Amend the bill, as and if amended, Part I, Section 26, Disabilities and Special Needs, Pages 409 through 412, by moving Section 26D, School for the Deaf and Blind in its entirety to an appropriately numbered new section titled "Section _____ School for the Deaf and Blind."

Renumber sections & amend totals/title to conform.

SECTIONS 26D.1 THROUGH 26D.13--AMENDED

Rep. BOAN proposed the following Amendment No. 12 (Doc Name L:\h-wm\legis\amend\CJ.004), which was adopted.

Amend the bill, as and if amended, Part I, Section 26, Disabilities and Special Needs, Pages 413 through 414, by moving all provisos in their entirety to the new appropriately numbered section for the School for the Deaf and Blind.

Renumber sections & amend totals/title to conform.

SECTION 27A--AMENDED AND ADOPTED

Reps. BOAN and MATTOS proposed the following Amendment No. 55 (Doc Name L:\h-wm\legis\amend\VC.005), which was adopted.

Amend the bill, as and if amended, Part I, Section 27A, Commission on Aging, Page 0416, Line 4, opposite /Classified Positions/ by increasing the line in column(s) /(1)50,239 (3) 50,239/

Amend further, Page 0146, Line 5, by increasing the line in column(s) /(1) (2.0) (3) (2.0)/

Amend further, Page 0416, Line 11, opposite /Other Operating Expenses/ by increasing the line in column(s) /(1) 57,849 (3) 57,849/

Amend further, Page 0416, Line 21, opposite /Alloc./ by increasing the line in column(s) /(1) 9,000 (3) 9,000/

Amend further, Page 0416, Line 32, opposite /Employer Contributions/ by increasing the line in column(s) /(1) 12,854 (3) 12,854/

Renumber sections & amend totals/title to conform.

Section 27A as amended was adopted.

SECTION 27A.1

Section 27A.1 was adopted.

SECTION 27A.2

Section 27A.2 was adopted.

SECTION 27A.3

Section 27A.3 was adopted.

SECTION 27A.4

Section 27A.4 was adopted.

SECTION 27B--AMENDED AND ADOPTED

Reps. BOAN and MATTOS proposed the following Amendment No. 32 (Doc Name L:\h-wm\legis\amend\VRC.021), which was adopted.

Amend the bill, as and if amended, Part I, Section 27B, Department of Social Services, Page 419, Line 13, Opposite /Classified Positions/ By decreasing the amount in column(s) (1)76,752 (2) 38,376 (3) 38,376.

Amend further, Page 419, Line 14, by decreasing the FTE's in column(s) (1) (3.0) (2) (1.5) (3) (1.5).

Amend further, Page 419, Line 20, Opposite /Other Operating Expenses/ By decreasing the amount in column(s) (1) 2,700 (2) 1,350 (3) 1,350.

Amend further, Page 429, Line 15, Opposite /Residential Treatment/ By decreasing the amount in column(s) (1) 15,707,164 (2) 6,645,713 (3) 4,061,451 (4) 5,000,000.

Amend further, Page 433, Line 11, Opposite /Employer Contributions/ By decreasing the amount in column(s) (1) 20,048 (2) 10,024 (3) 10,024.

Renumber sections & amend totals/title to conform.

Section 27B as amended was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: DSS

Section #: 27B. Subject Matter: Battered Spouse funds.

The reason for abstaining on the above referenced legislation is:

Rep. GILDA COBB-HUNTER

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: 93/94 Appropriations

Section #: 27B. Subject Matter: Dept. of Family Services.

The reason for abstaining on the above referenced legislation is:

Rep. DELL BAKER

SECTION 27B.2

Section 27B.2 was adopted.

SECTION 27B.3

Section 27B.3 was adopted.

SECTION 27B.4

Section 27B.4 was adopted.

SECTION 27B.5

Section 27B.5 was adopted.

SECTION 27B.6

Section 27B.6 was adopted.

SECTION 27B.7--AMENDED AND ADOPTED

Reps. FARR and BOAN proposed the following Amendment No. 78 (Doc Name L:\h-wm\legis\amend\VC.001), which was adopted.

Amend the bill, as and if amended, Part I, Section 27B, DSS, Page 0434, Line 11, right column, Proviso 27B.7 by inserting after "limitations" /or residence in a public institution/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Reps. BOAN and CARNELL proposed the following Amendment No. 198 (Doc Name L:\h-wm\legis\amend\VRC.027), which was adopted.

Amend the bill, as and if amended, Part I, Section 27B - Department of Social Services, Page 434, Line 14, Right Column, Proviso #27B.7 by Striking /683.00/ and inserting in its place /695.00/.

Amend further, line 15, by Striking /650.00/ and inserting in its place /662.00/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Section 27B.7 as amended was adopted.

SECTION 27B.8

Rep. BOAN explained the section.

Section 27B.8 was adopted.

SECTION 27B.9

Section 27B.9 was adopted.

SECTION 27B.10

Section 27B.10 was adopted.

SECTION 27B.12

Section 27B.12 was adopted.

SECTION 27B.13

Section 27B.13 was adopted.

SECTION 27B.14

Section 27B.14 was adopted.

SECTION 27B.15

Section 27B.15 was adopted.

SECTION 27B.16

Section 27B.16 was adopted.

SECTION 27B.17

Section 27B.17 was adopted.

SECTION 27B.18

Section 27B.18 was adopted.

SECTION 27B.20

Section 27B.20 was adopted.

SECTION 27B.21

Section 27B.21 was adopted.

SECTION 27B.22

Section 27B.22 was adopted.

SECTION 27B.23

Section 27B.23 was adopted.

SECTION 27C

Section 27C was adopted.

SECTION 27C.1

Section 27C.1 was adopted.

SECTION 27C.2

Section 27C.2 was adopted.

SECTION 27C.3

Section 27C.3 was adopted.

SECTION 27D

Section 27D was adopted.

SECTION 27E--AMENDED AND DEBATE ADJOURNED

Reps. BOAN, MATTOS and McTEER proposed the following Amendment No. 19 (Doc Name L:\h-wm\legis\amend\DH.007), which was adopted.

Amend the bill, as and if amended, Part I, Section 27E, Department of Youth Services, Page 443, Line 1 through Page 444, Line 4 by moving the section in its entirety to Page 470, after Line 17.

Renumber sections & amend totals/title to conform.

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

SECTION 27E.1 AND 27E.4--AMENDED

Reps. BOAN, MATTOS and McTEER proposed the following Amendment No. 20 (Doc Name L:\h-wm\legis\amend\DH.008), which was adopted.

Amend the bill, as and if amended, Part I, Section 27E, Department of Youth Services, Page 445, Line 1-8 by moving the section in its entirety to Page 471, after Line 20.

Renumber sections & amend totals/title to conform.

SECTION 29A--AMENDED AND ADOPTED

Rep. ROGERS proposed the following Amendment No. 71 (Doc Name L:\h-wm\legis\amend\DH.005), which was adopted.

Amend the bill, as and if amended, Part I, Section 29A, Department of Corrections, Page 462, Line 23, Opposite /Classified Positions/ by increasing the line in column(s) /(1) 206,973 (2) 206,973/

Amend further,

Page 462, Line 24, by increasing the line in column(s) /(1)13.00 (2) 13.00/;

Amend further,

Page 465, Line 10, Opposite /Other Capacity/ by increasing the line column(s) /(1) 354,000 (2) 354,000/;

Amend further,

Page 467, Line 20, Opposite /Employer Contribution/ by increasing the line in column(s) /(1) 60,591 (2) 60,591/.

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. ROGERS proposed the following Amendment No. 72 (Doc Name L:\h-wm\legis\amend\DH.003), which was adopted.

Amend the bill, as and if amended, Part I, Section 29A/29C, Corrections/Probation, Page 465, Line 10, opposite /Other Operations/ by increasing the line in column(s) /(1) 1,263,000 (2) 1,263,000/

Amend further, Page 473, Line 16, opposite /Other Operating/ by decreasing the line in column(s) /(1) 1,263,000 (2) 1,263,000/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Section 29A as amended was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610

Section #: 29A. Subject Matter: Corrections.

The reason for abstaining on the above referenced legislation is:

Rep. WILLIAM D. KEYSERLING

SECTION 29A.1

Section 29A.1 was adopted.

SECTION 29A.2

Section 29A.2 was adopted.

SECTION 29A.3

Section 29A.3 was adopted.

SECTION 29A.4

Section 29A.4 was adopted.

SECTION 29A.5

Section 29A.5 was adopted.

SECTION 29A.6

Section 29A.6 was adopted.

SECTION 29A.7

Section 29A.7 was adopted.

SECTION 29A.8

Section 29A.8 was adopted.

SECTION 29A.9

Section 29A.9 was adopted.

SECTION 29A.10

Section 29A.10 was adopted.

SECTION 29B--AMENDED AND DEBATE ADJOURNED

Rep. BOAN proposed the following Amendment No. 36 (Doc Name L:\h-wm\legis\amend\DH.013), which was adopted.

Amend the bill, as and if amended, Part I, Section 29B, Youth Services Page 469 through 471, by /changing the name of the Division of Juvenile Justice./

Renumber sections & amend totals/title to conform.

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

SECTION 29B.1

Section 29B.1 was adopted.

SECTION 29B.3

Section 29B.3 was adopted.

SECTION 29B.4

Section 29B.4 was adopted.

SECTION 29B.5

Section 29B.5 was adopted.

SECTION 29B.6

Section 29B.6 was adopted.

SECTION 29C--AMENDED AND ADOPTED

Rep. ROGERS proposed the following Amendment No. 70 (Doc Name L:\h-wm\legis\amend\DH.004), which was adopted.

Amend the bill, as and if amended, Part I, Section 29C, Probation, Pardon and Parole, Page 472, Line 20, opposite /Classified Positions/ by decreasing the line in column(s) /(1) 206,973 (2) 206,973/

Amend further, Page 472, Line 21, by decreasing the line in column(s) /(1) 13.00 (2) 13.00/

Amend further, Page 473, Line 16, opposite /Other Operating/ by decreasing the line in column(s) /(1) 354,000 (2) 354,000/

Amend further, Page 474, Line 9, opposite /Employer Contributions/ by decreasing the line in column(s) /(1) 60,591 (2) 60,591/

Renumber sections & amend totals/title to conform.

Section 29C as amended was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610

Section #: 29C. Subject Matter: Probation, Pardon and Parole.

The reason for abstaining on the above referenced legislation is:

Rep. WILLIAM D. KEYSERLING

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610

Section #: 29C. Subject Matter: Probation, Pardon and Parole.

The reason for abstaining on the above referenced legislation is:

Rep. F.G. DELLENEY, JR.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Gen. Appro. Bill

Section #: 29C. Subject Matter: Probation, Pardon & Parole.

The reason for abstaining on the above referenced legislation is:

Rep. PAULA H. THOMAS

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 29C. Subject Matter: Probation, Pardon and Parole.

The reason for abstaining on the above referenced legislation is:

Rep. JOHN G. FELDER

SECTION 29C.1

Section 29C.1 was adopted.

SECTION 30A--AMENDED

Rep. BOAN proposed the following Amendment No. 27 (Doc Name L:\h-wm\legis\amend\RDM.RWC), which was adopted.

Amend the bill, as and if amended, Part I, Section 30A, Railways Commission Page 476, Opposite /K88/ by moving in its entirety to Section 34, Page 511 after M10.

Renumber sections & amend totals/title to conform.

SECTION 30A.1

Section 30A.1 was adopted.

SECTION 30A.2

Section 30A.2 was adopted.

SECTION 30A.3

Section 30A.3 was adopted.

SECTION 30A.4

Section 30A.4 was adopted.

SECTION 30A.5

Section 30A.5 was adopted.

SECTION 30A.6

Section 30A.6 was adopted.

SECTION 30A.7

Section 30A.7 was adopted.

SECTION 30A.10

Section 30A.10 was adopted.

SECTION 30A.11--TABLED

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

SECTION 30A.12--TABLED

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

SECTION 30A.13

Section 30A.13 was adopted.

SECTION 30A.14--TABLED

Rep. P. HARRIS moved to table the section, which was agreed to.

SECTION 30A.15

Section 30A.15 was adopted.

SECTION 30A.17

Section 30A.17 was adopted.

SECTION 30A.18

Section 30A.18 was adopted.

SECTION 30A.19

Section 30A.19 was adopted.

SECTION 30A.20--TABLED

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

SECTION 30A.21--TABLED

Rep. KIRSH moved to table the section, which was agreed to.

SECTION 30A.22

Rep. HOLT explained the section.

Section 30A.22 was adopted.

SECTION 30A.24

Section 30A.24 was adopted.

SECTION 30A.25

Rep. HOLT explained the section.

Section 30A.25 was adopted.

Reps. ROBINSON, TROTTER, VAUGHN, CLYBORNE, CATO and MARCHBANKS proposed the following Amendment No. 129 (Doc Name L:\h-wm\legis\amend\CJ.007).

Amend the bill, as and if amended, Part I, Section 30A, Department of Transportation Page 0484, Line 35, Right column, By adding an appropriately numbered proviso at the end to read /30A.__ The Executive Director of the Highway Department and/or the Department of Public Transportation shall have his salary reduced by the amount of any compensation received as a result of services performed for any institution of Higher Education.

Renumber sections & amend totals/title to conform.

Rep. ROBINSON explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. HARRISON moved that the House recede until 2:00 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 129.

THE HOUSE RESUMES

At 2:00 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.

H. 3610--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 129.

H. 3610
GENERAL APPROPRIATION BILL
AMENDMENT NO. 129--TABLED

Debate was resumed on Amendment No. 129, which was proposed on Tuesday, March 16, by Reps. ROBINSON, et al.

Rep. ROBINSON spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 49; Nays 45

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Bailey, J.
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Canty
Carnell                Cobb-Hunter            Cromer
Farr                   Felder                 Graham
Hallman                Harrelson              Harris, J.
Harrison               Harvin                 Harwell
Hines                  Holt                   Houck
Keegan                 Kelley                 Kennedy
Keyserling             McAbee                 McCraw
McMahand               McTeer                 Moody-Lawrence
Phillips               Quinn                  Rhoad
Rudnick                Scott                  Sharpe
Sheheen                Snow                   Spearman
Stoddard               Waites                 Whipper
White                  Wilder, D.             Wilder, J.
Williams

Total--49

Those who voted in the negative are:

Alexander, T.C.        Allison                Baker
Baxley                 Cato                   Chamblee
Cooper                 Delleney               Elliott
Fair                   Gamble                 Gonzales
Harrell                Hutson                 Jaskwhich
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Martin                 McLeod
Meacham                Neilson                Richardson
Riser                  Robinson               Shissias
Simrill                Smith, R.              Stille
Stone                  Stuart                 Thomas
Townsend               Trotter                Vaughn
Walker                 Wells                  Wilkins
Witherspoon            Wofford                Young, A.

Total--45

So, the amendment was tabled.

SECTION 30C

Section 30C was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 30C. Subject Matter: B & C Motor Vehicle.

The reasons for abstaining on the above referenced legislation is:

Rep. TIMOTHY C. WILKES

SECTION 30C.1

Section 30C.1 was adopted.

SECTION 30C.2--DEBATE ADJOURNED

Rep. McABEE proposed the following Amendment No. 164 (Doc Name L:\council\legis\amend\CYY\15315SD.93).

Amend the bill, as and if amended, Part I, Section 30, page 487, by amending Proviso 30C.2 to read:

/30C.2. (Fleet Management Program) It is the intent of the General Assembly that the Division of Motor Vehicle Management establish a cost allocation plan to recover the cost of operating the comprehensive statewide Fleet Management Program. Any cost or charge assessed as a part of the cost allocation plan must not be assessed or charged to those agencies and institutions which operate their own fleets. The Division shall collect, retain, and carry forward funds to ensure continuous administration of the program./

Renumber sections to conform.

Amend title to conform.

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

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

SECTION 30C.3

Section 30C.3 was adopted.

Reps. CROMER, KIRSH, QUINN and T.C. ALEXANDER proposed the following Amendment No. 67 (Doc Name L:\h-wm\legis\amend\CK.001), which was adopted.

Amend the bill, as and if amended, Part I, Section 30C, Page 487, Department of Transportation, by adding an appropriately numbered proviso at the end to read /30C.___ (Personal Assignment of State-Owned Vehicles) No state employee except for the Governor, statewide elective state officials and agency heads may be provided a state-owned vehicle based solely on their office. Line-duty law enforcement officer, as defined by the Internal Revenue Code, shall be permanently assigned a state-owned vehicle. No employee shall be permanently assigned a vehicle, regardless of the source of funds by which the vehicle was purchased, unless the Division of Motor Vehicles has determined that permanent assignment cost advantageous for the state. Employees operating a permanently assigned vehicle must reimburse the state for commuting between home and work unless an employee travels directly from home to a work site, bypassing headquarters. Employees operating permanently assigned vehicles are not authorized to operate the vehicle for personal use.

Renumber sections & amend totals/title to conform.

Rep. CROMER explained the amendment.

POINT OF ORDER

Rep. McABEE raised the Point of Order that Amendment No. 67 was out of order as it was not germane as it did not relate to a line item appropriation in the Bill. He further stated that the thrust of the amendment dealt with the assignment of state owned vehicles and it had nothing to do with appropriations.

Rep. CROMER argued contra the Point in stating that the lease of any state owned vehicle would come out of the State Budget and therefore, it would be germane.

Rep. McABEE stated that it did not have anything to do with whether the state bought the cars or leased them and it did not mean that there would be any less vehicles and that it only dealt with the assignment of the vehicles.

The SPEAKER stated, citing Rule 5.3, that the General Appropriations Bill or Supplemental Appropriations Bill shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, directives and procedures relative thereto and no provision and no amendment shall be in order unless its substantial effect is directly germane to these purposes.

Rep. CROMER stated that it was germane given the fact that the amendment could change a shift of money in the budget given the third part of the proviso being reimbursement for commuter miles.

Rep. McABEE stated that he had tried several times during the Ways and Means deliberations to get an actual cost and he had found out that there would not be any cost savings because it was not dealing with whether you bought or leased the cars.

Rep. CROMER stated that the direct expenditure of funds made it even more germane to the Appropriations Bill.

The SPEAKER stated that the effect of the amendment did relate to revenue for an appropriation because it called for a direct reimbursement from the state employee to whom the car was assigned and it would have an impact on revenue and it was germane and he overruled the Point of Order.

Rep. McABEE spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. McABEE moved to table the amendment.

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

Yeas 22; Nays 72

Those who voted in the affirmative are:

Boan                   Carnell                Farr
Harrelson              Harris, J.             Harris, P.
Harvin                 Holt                   Houck
Keegan                 Kennedy                McAbee
McCraw                 McTeer                 Moody-Lawrence
Rhoad                  Spearman               Waldrop
Whipper                White                  Wilder, J.
Williams

Total--22

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, J.             Baker
Barber                 Baxley                 Beatty
Brown, H.              Brown, J.              Cato
Chamblee               Cooper                 Corning
Cromer                 Davenport              Delleney
Elliott                Fair                   Gamble
Gonzales               Graham                 Hallman
Harrell                Harrison               Harwell
Hines                  Hutson                 Jaskwhich
Jennings               Kelley                 Keyserling
Kirsh                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             McMahand               Meacham
Neilson                Phillips               Quinn
Richardson             Riser                  Robinson
Rudnick                Scott                  Shissias
Simrill                Smith, R.              Stille
Stoddard               Stone                  Stuart
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Walker                 Wells                  Wilder, D.
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--72

So, the House refused to table the amendment.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: App.

Section #: 30C.

Amendment #: 67. Subject Matter: Cars

The reason for abstaining on the above referenced legislation is:

Rep. ROBERT J. SHEHEEN

The question then recurred to the adoption of the amendment, which was agreed to.

Rep. STILLE proposed the following Amendment No. 248 (Doc Name L:\h-wm\legis\amend\CK.036), which was ruled out of order.

Amend the bill, as and if amended, Part I, Section 30C, Page 487, by adding an appropriately numbered section to read: /30C.____ (Vehicle Information System). Of the funds provided herein, the Department of Transportation - Division of Motor Vehicles shall develop and implement a system for capturing mileage data for all state-owned vehicles, regardless of source of funds. The Department must identify official business, personal and other mileage reported. The Department must collect by agency, all mileage information for vehicles to be submitted in their annual report to the General Assembly. /

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

POINT OF ORDER

Rep. WHIPPER raised the Point of Order that Amendment No. 248 was out of order as it was merely a report and had no impact on either revenue or appropriation.

Rep. STILLE argued contra the Point in stating that it would have a reference to the budget if you knew the mileage records that were being used or abused.

The SPEAKER stated that it did not provide a remedy and it was not in compliance with Rule 5.3 and he sustained the Point of Order and ruled the amendment out of order.

SECTION 30D--AMENDED

Reps. BOAN and McTEER proposed the following Amendment No. 14 (Doc Name L:\h-wm\legis\amend\FAR.001), which was adopted.

Amend the Bill, as and if amended, Part I, Section 30, Transportation, Page 488, Lines 1 through 31, by moving Section 30D Public School Bus Shops in its entirety to Section 16, Education, as an appropriately numbered section beginning on Page 125, Line 8.

Renumber sections & amend totals/title to conform.

SECTIONS 30D.1 and 30D.2--AMENDED

Reps. BOAN and McTEER proposed the following Amendment No. 15 (Doc Name L:\h-wm\legis\amend\FAR.002), which was adopted.

Amend the Bill, as and if Amended, Part I, Section 30, Transportation, Page 489, Lines 1 through 9 by moving provisos in their entirety to Section 16, Education, as an appropriately numbered section beginning on Page 125, Line 8.

Renumber sections & amend totals/title to conform.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: General Appropriation

Section #: 30 Subject Matter: Dept. of
excluding Amendment 129 & Transportation.

67 & 14 & 15.

The reason for abstaining on the above referenced legislation is:

Rep. HARRY F. CATO

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 30. Subject Matter: Dept. of Transportation.

The reasons for abstaining on the above referenced legislation is:

Rep. TIMOTHY C. WILKES

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 32

Section 32 was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Gen. Appropriations Bill

Section #: 32. Subject Matter: Human Affairs Commission.

The reason for abstaining on the above referenced legislation is:

Rep. F.G. DELLENEY, JR.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Gen. Appro. Bill

Section #: 32. Subject Matter: Human Affairs Comm.

The reason for abstaining on the above referenced legislation is:

Rep. PAULA H. THOMAS

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 33A

Section 33A was adopted.

SECTION 33A.1

Section 33A.1 was adopted.

SECTION 33A.2

Section 33A.2 was adopted.

SECTION 33A.3

Section 33A.3 was adopted.

SECTION 33B

Section 33B was adopted.

SECTION 33C

Section 33C was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Gen. Appropriation Bill

Section #: 33C. Subject Matter: Workers' Comp.

The reason for abstaining on the above referenced legislation is:

Rep. PAULA H. THOMAS

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Workers' Comp. State Fund

Section #: 33C.

The reason for abstaining on the above referenced legislation is:

Rep. ROBERT J. SHEHEEN

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610

Section #: 33C. Subject Matter: Second Injury Fund.

The reasons for abstaining on the above referenced legislation is:

Rep. TIMOTHY C. WILKES

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: General Appropriation Bill

Section #: 33C. Subject Matter: Second Injury Fund (as applied to Workers' Compensation).

The reason for abstaining on the above referenced legislation is:

Rep. F.G. DELLENEY, JR.

SECTION 33D--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 43 (Doc Name L:\h-wm\legis\amend\RDM.AJ2), which was adopted.

Amend the bill, as and if amended, Part I, Section 33, Department of Insurance, Page 504, Line 5, opposite /Classified Positions/ by increasing the line in column /(2) 273,950/

Amend further, Page 504, Line 6, by increasing the line in column /(2) (9.00)/

Amend further, Page 505, Line 36, opposite /Employer Contributions/ by increasing the line in column /(2) 62,004/

Renumber sections & amend totals/title to conform.

Section 33D as amended was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: General Appropriation

Section #: 33D. Subject Matter: Workers' Comp.

The reason for abstaining on the above referenced legislation is:

Rep. DONALD W. BEATTY

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Gen. Appropriation Bill

Section #: 33D. Subject Matter: Workers' Comp.

The reason for abstaining on the above referenced legislation is:

Rep. PAULA H. THOMAS

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Workers' Comp. State Fund

Section #: 33D.

The reason for abstaining on the above referenced legislation is:

Rep. ROBERT J. SHEHEEN

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Gen. Appropriation Bill

Section #: 33D. Subject Matter: Workers' Comp. Admin.

The reason for abstaining on the above referenced legislation is:

Rep. F.G. DELLENEY, JR.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 33D. Subject Matter: Workers' Compensation.

The reason for abstaining on the above referenced legislation is:

Rep. JOHN G. FELDER

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 33D. Subject Matter: Workers' Compensation.

The reason for abstaining on the above referenced legislation is:

Rep. J. MICHAEL BAXLEY

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 33D. Subject Matter: WCC.

The reason for abstaining on the above referenced legislation is:

Rep. IRENE K. RUDNICK

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: General Appropriations Part I

Section #: 33D. Subject Matter: Workers' Compensation Commission.

The reason for abstaining on the above referenced legislation is:

Rep. DAVID H. WILKINS

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: General Appropriations

Section #: 33D. Subject Matter: Workers' Compensation Administration.

Amendment #: . Subject Matter: Part I.

The reason for abstaining on the above referenced legislation is:

Rep. JOSEPH T. McELVEEN, JR.

SECTION 33D.1

Section 33D.1 was adopted.

SECTION 33E

Section 33E was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Workers' Comp. State Fund

Section #: 33E.

The reason for abstaining on the above referenced legislation is:

Rep. ROBERT J. SHEHEEN

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: General Appropriation

Section #: 33E. Subject Matter: Workers' Compensation.

The reason for abstaining on the above referenced legislation is:

Rep. DONALD W. BEATTY

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Gen. Appropriation Bill

Section #: 33E. Subject Matter: Workers' Comp. Fund.

The reason for abstaining on the above referenced legislation is:

Rep. F.G. DELLENEY, JR.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Gen. Appropriation Bill

Section #: 33E. Subject Matter: Workers' Comp.

The reason for abstaining on the above referenced legislation is:

Rep. PAULA H. THOMAS

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 33E. Subject Matter: Workers' Compensation.

The reason for abstaining on the above referenced legislation is:

Rep. JOHN G. FELDER

SECTION 33E.1

Section 33E.1 was adopted.

SECTION 33E.2

Section 33E.2 was adopted.

SECTION 34A--DEBATE ADJOURNED

Rep. HUTSON proposed the following Amendment No. 209 (Doc Name L:\h-wm\legis\amend\CK.016).

Amend the bill, as and if amended, Part I, Section 34A, Development Board, Page 514, by inserting a new line after Line 25, "Special Items" to read: /Charleston Naval Complex/ and inserting in column(s) /(1) 1,088,744 (2) 1,088,744/

Renumber sections & amend totals/title to conform.

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

SECTION 34B

Section 34B was adopted.

SECTION 34B.1

Section 34B.1 was adopted.

SECTION 34C

Section 34C was adopted.

SECTION 34C.1

Section 34C.1 was adopted.

SECTION 34C.2

Section 34C.2 was adopted.

SECTION 34C.3

Section 34C.3 was adopted.

SECTION 34C.4

Section 34C.4 was adopted.

SECTION 34C.5

Section 34C.5 was adopted.

SECTION 34C.6

Section 34C.6 was adopted.

SECTION 34C.7

Section 34C.7 was adopted.

SECTION 34C.8

Section 34C.8 was adopted.

SECTION 34C.9

Section 34C.9 was adopted.

SECTION 34C.10

Section 34C.10 was adopted.

SECTION 34C.11

Section 34C.11 was adopted.

SECTION 34C.12--RULED OUT OF ORDER
POINT OF ORDER

Rep. HOLT raised the Point of Order that Section 34C.12 was out of order as it was not germane in that it did not refer to any monies in the budget.

The SPEAKER stated that it did not affect revenue or appropriations but only the operation, maintenance, crew and crew training and he sustained the Point of Order and ordered the section stricken from the Bill.

SECTION 35A

Section 35A was adopted.

SECTION 35A.1

Section 35A.1 was adopted.

SECTION 35B

Section 35B was adopted.

SECTION 35C

Section 35C was adopted.

SECTION 42

Section 42 was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: 93/94 Appropriations

Section #: 42. Subject Matter: S.C. Board of Accountancy.

The reason for abstaining on the above referenced legislation is:

Rep. DELL BAKER

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Budget

Section #: 42. Subject Matter: Board of Accountancy.

The reason for abstaining on the above referenced legislation is:

Rep. TIMOTHY C. WILKES

SECTION 42.1

Section 42.1 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 63

Section 63 was adopted.

SECTION 64

Section 64 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67

Section 67 was adopted.

SECTION 68

Section 68 was adopted.

SECTION 68.1

Section 68.1 was adopted.

SECTION 68.2

Section 68.2 was adopted.

SECTION 68.3

Section 68.3 was adopted.

SECTION 68.4

Section 68.4 was adopted.

SECTION 69

Section 69 was adopted.

SECTION 74

Section 74 was adopted.

SECTION 76A

Section 76A was adopted.

SECTION 76A.1

Section 76A.1 was adopted.

SECTION 76A.2

Section 76A.2 was adopted.

SECTION 76B

Section 76B was adopted.

SECTION 76B.1

Section 76B.1 was adopted.

SECTION 76B.2

Section 76B.2 was adopted.

SECTION 76C--DEBATE ADJOURNED

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

SECTION 76D

Section 76D was adopted.

SECTION 76D.1

Section 76D.1 was adopted.

SECTION 76D.2

Section 76D.2 was adopted.

SECTION 76D.3

Section 76D.3 was adopted.

SECTION 76D.5

Section 76D.5 was adopted.

SECTION 76D.6

Section 76D.6 was adopted.

SECTION 76D.8

Section 76D.8 was adopted.

SECTION 77

Section 77 was adopted.

SECTION 77.1

Section 77.1 was adopted.

SECTION 78

Section 78 was adopted.

SECTION 78.1

Section 78.1 was adopted.

SECTION 79

Section 79 was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Budget

Section #: 79. Subject Matter: JEDA.

The reason for abstaining on the above referenced legislation is:

Rep. TIMOTHY C. WILKES

SECTION 80

Section 80 was adopted.

SECTION 82--AMENDED

Rep. HUTSON proposed the following Amendment No. 211 (Doc Name L:\h-wm\legis\amend\CK.015), which was tabled.

Amend the bill, as and if amended, Part I, Section 82, Savannah Valley Authority, Page 581, Lines 1-29, by decreasing the amounts in column(s) /(1) 1,088,744 (2) 1,088,744/

Renumber sections & amend totals/title to conform.

Rep. HUTSON explained the amendment.

Rep. McABEE moved to table the amendment.

Rep. HUTSON demanded the yeas and nays, which was not ordered.

The amendment was then tabled by a division vote of 34 to 28.

Rep. BOAN proposed the following Amendment No. 22 (Doc Name L:\h-wm\legis\amend\RDM.SVA), which was adopted.

Amend the bill, as and if amended, Part I, Section 82, Savannah Valley Authority, Page 581, Lines 1-31, By moving Section 82, Savannah Valley Authority in its entirety to an appropriately numbered Section after Section 34C on Page 521

Renumber sections & amend totals/title to conform.

SECTION 82.1--AMENDED

Rep. BOAN proposed the following Amendment No. 21 (Doc Name L:\h-wm\legis\amend\RDM.SVP), which was adopted.

Amend the bill, as and if amended, Part I, Section 82, Savannah Valley Authority Page 582, Lines 1-2 By removing provisos in their entirety to Section 34, Department of Commerce to an appropriately numbered Section.

Renumber sections & amend totals/title to conform.

SECTION 83--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 13 (Doc Name L:\h-wm\legis\amend\RDM.PSC), which was adopted.

Amend the bill, as and if amended, Part I, Section 83, Public Service Commission, Page 583, Lines 33 through 38, Opposite /Transportation/.

Amend further, Page 584, Lines 1 through 5, Opposite /Other Operating Expenses/ by moving section in its entirety to an appropriately numbered section after Section 28F on Page 459.

Amend further, Page 584, Line 9, opposite /Employer Contributions/ by decreasing the line in column /(2) 433,928/

Amend further, by creating a new line to read: /Employer Contributions $433,928/ in the Public Service Commission Section

Renumber sections & amend totals/title to conform.

Section 83 as amended was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 83. Subject Matter: Public Service Commission.

The reason for abstaining on the above referenced legislation is:

Rep. JOHN G. FELDER

SECTION 83.1

Section 83.1 was adopted.

SECTION 83.2

Section 83.2 was adopted.

SECTION 83.3

Section 83.3 was adopted.

SECTION 83.4

Section 83.4 was adopted.

SECTION 83.5

Section 83.5 was adopted.

SECTION 83.6

Section 83.6 was adopted.

SECTION 84

Section 84 was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Appropriations

Section #: 84. Subject Matter: Ethics.

The reason for abstaining on the above referenced legislation is:

Rep. JOHN G. FELDER

SECTION 84.1

Section 84.1 was adopted.

SECTION 85--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 186 (Doc Name L:\h-wm\legis\amend\RDM.ESC), which was adopted.

Amend the bill, as and if amended, Part I, Section 85, Employment Security Commission, Page 590, Line 14, Opposite /Other Operating Expenses/ by decreasing the line in column /(2) 182,423/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Section 85 as amended was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Gen. Appropriation Bill

Section #: 85. Subject Matter: Employment Security Comm.

The reason for abstaining on the above referenced legislation is:

Rep. F.G. DELLENEY, JR.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Gen. Appropriation Bill

Section #: 85. Subject Matter: Employ. Sec. Comm.

The reason for abstaining on the above referenced legislation is:

Rep. PAULA H. THOMAS

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: 93/94 Appropriations

Section #: 85. Subject Matter: S.C. Employment Security Commission.

The reason for abstaining on the above referenced legislation is:

Rep. DELL BAKER

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: 93/94 Appropriations

Section #: 85. Subject Matter: S.C. Employment Security Commission.

The reason for abstaining on the above referenced legislation is:

Rep. DELL BAKER

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Budget

Section #: 85. Subject Matter: Employment Sec. Comm.

The reason for abstaining on the above referenced legislation is:

Rep. TIMOTHY C. WILKES

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Budget

Section #: 85. Subject Matter: Employment Sec. Commission.

The reason for abstaining on the above referenced legislation is:

Rep. JAMES N. LAW

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: 1993-1994 General Appropriation Bill

Section #: 85. Subject Matter: ESC.

Amendment #: 186.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of potential representation of a client before a particular agency or commission by me or an individual or business with whom I was, but am no longer, associated within the past year.

Rep. ALFRED B. ROBINSON, JR.

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--AMENDED AND ADOPTED

Reps. BOAN and McABEE proposed the following Amendment No. 28 (Doc Name L:\h-wm\legis\amend\DLC.029), which was adopted.

Amend the bill, as and if amended, Part I, Section 86, Department of Parks, Pages 0592-0613 by changing the name of the section to /Department of Tourism, Recreation, and Cultural Resources/

Renumber sections & amend totals/title to conform.

Section 86 as amended was adopted.

SECTION 86A

Section 86A was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: State Budget

Section #: 86A. Subject Matter: PRT.

The reason for abstaining on the above referenced legislation is:

Rep. THOMAS C. ALEXANDER

SECTION 86A.1

Section 86A.1 was adopted.

SECTION 86A.2

Section 86A.2 was adopted.

SECTION 86A.3

Section 86A.3 was adopted.

SECTION 86A.4

Section 86A.4 was adopted.

SECTION 86C

Section 86C was adopted.

SECTION 86C.1

Section 86C.1 was adopted.

SECTION 86C.2

Section 86C.2 was adopted.

SECTION 86C.3

Section 86C.3 was adopted.

SECTION 86C.4

Section 86C.4 was adopted.

SECTION 86E

Section 86E was adopted.

SECTION 86F--AMENDED AND ADOPTED

Rep. J. HARRIS proposed the following Amendment No. 199 (Doc Name L:\h-wm\legis\amend\VRC.028), which was adopted.

Amend the bill, as and if amended, Part I, Section 86F- State Library, Page 603, Line 1, Opposite /Alloc Cnty Libraries/ by decreasing the line in column(s) (1) 275,516 (2) 275,516.

Amend further, Page 603, Line 23, Opposite /Aid Cnty-Libraries/ by increasing the line in column(s) (1) 275, 516 (2) 275,516.

Renumber sections & amend totals/title to conform.

Rep. J. HARRIS explained the amendment.

The amendment was then adopted.

Section 86F as amended was adopted.

SECTION 86F.1

Section 86F.1 was adopted.

SECTION 86F.2

Section 86F.2 was adopted.

SECTION 86F.3

Section 86F.3 was adopted.

SECTION 86G

Section 86G was adopted.

SECTION 86G.1

Section 86G.1 was adopted.

SECTION 86G.2

Section 86G.2 was adopted.

SECTION 86G.3

Section 86G.3 was adopted.

SECTION 86G.4

Section 86G.4 was adopted.

SECTION 86G.6

Section 86G.6 was adopted.

SECTION 86G.7

Section 86G.7 was adopted.

SECTION 86G.8

Section 86G.8 was adopted.

SECTION 86H--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 34 (Doc Name L:\h-wm\legis\amend\RDM.PRT), which was adopted.

Amend the bill, as and if amended, Part I, Section 86H, Page 611, by striking /Office/ and by inserting /Division/.

Renumber sections & amend totals/title to conform.

Section 86H as amended was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Budget

Section #: 86H. Subject Matter: Film Office.

The reason for abstaining on the above referenced legislation is:

Rep. TIMOTHY C. WILKES

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610

Section #: 86H. Subject Matter: Film Office.

The reasons for abstaining on the above referenced legislation is:

Rep. TIMOTHY C. WILKES

SECTION 86I--AMENDED

Reps. BOAN and J. HARRIS proposed the following Amendment No. 16 (Doc Name L:\h-wm\legis\amend\VC.007), which was adopted.

Amend the bill, as and if amended, Part I, Section 86, Department of Parks, Tourism and Cultural Affairs, Page 612, Lines 1 through 15, by moving Section 86I, Old Exchange Building in its entirety to an appropriately numbered new section titled "Section _______ Old Exchange Building."

Renumber sections & amend totals/title to conform.

SECTION 86I.1--AMENDED

Reps. BOAN and J. HARRIS proposed the following Amendment No. 17 (Doc Name L:\h-wm\legis\amend\VC.010), which was adopted.

Amend the bill, as and if amended, Part I, Section 86, Department of Parks, Tourism and Cultural Affairs Page 613, Lines 1 through 10, by moving all provisos in their entirety to the New Appropriately Numbered Section for the Old Exchange Building.

Renumber sections & amend totals/title to conform.

SECTION 87

Section 87 was adopted.

SECTION 87.1

Section 87.1 was adopted.

SECTION 87.2

Section 87.2 was adopted.

SECTION 87.3

Section 87.3 was adopted.

SECTION 87.4

Section 87.4 was adopted.

SECTION 87.5

Section 87.5 was adopted.

SECTION 87.6

Section 87.6 was adopted.

SECTION 89A

Section 89A was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: General Appropriations

Section #: 89A. Subject Matter: Aid to Subdivisions.

The reason for abstaining on the above referenced legislation is:

Rep. HARRY F. CATO

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: 93/94 Appropriations

Section #: 89A. Subject Matter: Aid to Subdivisions.

The reason for abstaining on the above referenced legislation is:

Rep. DELL BAKER

SECTION 89A.1

Section 89A.1 was adopted.

SECTION 89A.3

Section 89A.3 was adopted.

SECTION 89A.7

Section 89A.7 was adopted.

SECTION 89A.8--AMENDED AND ADOPTED

Rep. GONZALES proposed the following Amendment No. 219 (Doc Name L:\council\legis\amend\BBM\10377HC.93), which was adopted.

Amend the bill, as and if amended, Part I, Section 89, Aid to Subdivisions, page 618, left column, by striking paragraph 89A.8 beginning on line 28 and inserting:

/89A.8. (Inventory Tax Phase-Out Reimbursement) (A) Notwithstanding any funds appropriated in this Act for inventory tax phase-out, there is hereby appropriated whatever amount is necessary to fully reimburse all counties and municipalities in regard to the phase-out of the inventory tax for tax year 1987. The Comptroller General shall make remittances to counties and municipalities in four equal payments.

(B) Where a portion of a special purpose district is annexed to a municipality, and its service functions in the annexed area are assumed by the municipality, the total amount remitted to the county and municipality shall not exceed the total amount which would be remitted to the two entities separately. However, the assessed valuation and special purpose district tax levy for inventory tax purposes for tax year 1987 with respect to the annexed portion of the special purpose district shall be taken into consideration in determining the proportionate share of the total allocation due to the county and the municipality./

Renumber sections & amend totals/title to conform.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

Section 89A.8 as amended was adopted.

SECTION 89A.9

Section 89A.9 was adopted.

SECTION 89B

Section 89B was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: 93/94 Appropriations

Section #: 89B. Subject Matter: Aid to Subdivisions.

The reason for abstaining on the above referenced legislation is:

Rep. DELL BAKER

SECTION 89B.1

Section 89B.1 was adopted.

SECTION 89B.2

Section 89B.2 was adopted.

SECTION 89B.3

Section 89B.3 was adopted.

SECTION 89B.5

Section 89B.5 was adopted.

Rep. FARR proposed the following Amendment No. 66 (Doc Name L:\h-wm\legis\amend\FAR.025), which was adopted.

Amend the bill, as and if amended, Part I, Section 89, Aid to Subdivisions, Page 620, Line 16, Right column, by adding an appropriately numbered proviso at the end to read /89B.X Counties are required to spend the same proportion of their appropriations from the Local Government Fund on county road maintenance as the percentage of the revenue from the one-cent Gasoline Tax is to the total Local Government Fund. The State Treasurer shall notify each county annually of this requirement./

Renumber sections & amend totals/title to conform.

Rep. FARR explained the amendment.

The amendment was then adopted.

SECTION 129.1

Section 129.1 was adopted.

SECTION 129.2

Section 129.2 was adopted.

SECTION 129.3

Section 129.3 was adopted.

SECTION 129.4--AMENDED AND ADOPTED

Rep. McABEE proposed the following Amendment No. 165 (Doc Name L:\council\legis\amend\CYY\15316SD.93), which was adopted.

Amend the bill, as and if amended, Part I, page 627, by amending Proviso 129.4 to read:
/129.4. Notwithstanding any other provision of law, the State Treasurer may enter into contracts, without charge to the agency or institution, whereby the agency or institution may accept credit cards as payment for goods or services provided./

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Section 129.4 as amended was adopted.

SECTION 129.5

Section 129.5 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 129.16

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 129.22

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--DEBATE ADJOURNED

Rep. WHIPPER proposed the following Amendment No. 251 (Doc Name L:\h-wm\legis\amend\VC.025), which was ruled out of order.

Amend the bill, as and if amended, Part I, Page 632 , Right column, Proviso 129.27, by inserting after "government" /and applies to all entities who enter into contracts with the state./

Renumber sections & amend totals/title to conform.

Rep. WHIPPER explained the amendment.

POINT OF ORDER

Rep. CORNING raised the Point of Order that Amendment No. 251 was out of order as it was not germane.

Rep. WHIPPER argued contra the Point in stating that if it was not private monies that we were speaking about, then it was state or federal.

The SPEAKER stated that the proviso stated recruiting, hiring, compensation, benefits, promotions, transfers, layoffs, and recalls for layoffs and educational, social, and recreational programs operated by the state. He further stated that if you entered into a contract as an automobile dealer, then you would be extending the policy which is a state government policy for hiring and firing and training and compensation to the private business of that employer.

Rep. WHIPPER stated that this would be true as long as state money was involved.

The SPEAKER stated that it would be just a private vendor upon which the amendment sought to impose a state policy of nondiscrimination in the vendor's hiring and firing practices.

Rep. WHIPPER stated that the bottom line was that you were not forced to enter any contract with the state if it violated the policy.

The SPEAKER stated that the question was whether it extended beyond hiring and firing by the state. He further stated that the policy of the amendment extended beyond the actual hiring and firing by the state.

Rep. WHIPPER stated that this only applied if the monies being used were coming from the state.

The SPEAKER, citing Section 129.27, stated that it sought to eliminate race, sexual and national origin, age, religious and physical disability discrimination by state agencies and it required each state agency to initiate an affirmative action plan to be filed with the Human Affairs Commission.

Rep. WHIPPER stated that that portion did not apply to carrying out the policy.

The SPEAKER stated that the second part of the Section required the Human Affairs Commission to keep certain information about the agency. He further stated that it also provided the Human Affairs Commission report on the status of state agencies and the adoption of affirmative action plans and the Budget and Control Board was required to notify each state agency as a result as to how they faired according to the Affirmative Action Plan and whether they are complying.

Rep. WHITE stated that the intent of the amendment was trying to do something else.

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

Rep. WHIPPER moved to adjourn debate upon the section, which 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--ADOPTED

Rep. STILLE proposed the following Amendment No. 57 (Doc Name L:\h-wm\legis\amend\DH.014), which was tabled.

Amend the bill, as and if amended, Part I, Section 129, Temporary Proviso, Page 638, Line 9, right column, Proviso 129.40(F) by inserting after "Section" /For Supreme Court justices and Court of Appeals judges, no mileage reimbursement may be paid for travel between the place of residence and Columbia and no subsistence may be paid in connection with court business or administrative duties in Columbia./

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Reps. HARWELL and HODGES spoke against the amendment.

Rep. CROMER moved to divide the question.

Rep. BAXLEY moved to table the amendment.

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

Yeas 55; Nays 37

Those who voted in the affirmative are:

Alexander, T.C.        Barber                 Baxley
Boan                   Breeland               Brown, G.
Brown, H.              Canty                  Carnell
Delleney               Elliott                Farr
Felder                 Gonzales               Graham
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Hodges
Holt                   Houck                  Inabinett
Jennings               Kennedy                Keyserling
Law                    Marchbanks             Martin
McAbee                 McCraw                 McMahand
McTeer                 Moody-Lawrence         Neilson
Quinn                  Rhoad                  Richardson
Rogers                 Rudnick                Shissias
Smith, R.              Snow                   Spearman
Thomas                 Tucker                 Waites
Waldrop                Whipper                Wilder, J.
Wilkes                 Wilkins                Williams
Wofford

Total--55

Those who voted in the negative are:

Anderson               Baker                  Brown, J.
Cato                   Chamblee               Clyborne
Cooper                 Cromer                 Davenport
Fair                   Gamble                 Harrell
Hutson                 Jaskwhich              Keegan
Kelley                 Kirsh                  Koon
Lanford                Littlejohn             Meacham
Phillips               Riser                  Scott
Sharpe                 Simrill                Stille
Stone                  Stuart                 Vaughn
Walker                 Wells                  Wilder, D.
Witherspoon            Worley                 Wright
Young, A.

Total--37

So, the amendment was tabled.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: Courts

Section #: 129.40.

Amendment #: 57. Subject Matter: Travel for App. Judges.
The reason for abstaining on the above referenced legislation is:

Rep. ROBERT J. SHEHEEN

RECORD FOR VOTING

I inadvertently failed to vote on Amendment No. 57. I fully intended to vote in the negative.

Rep. ALMA W. BYRD

JOURNAL STATEMENT

I moved to divide the question on Rep. STILLE's Amendment No. 57, before a vote was taken, a higher motion to table was made. I wanted to divide the question so I could vote to delete mileage reimbursement for such high paying jobs, yet keep subsistence as long as these judges need to conduct work in their home offices as well as in Columbia as they do.

Rep. J.L. MANN CROMER, JR.

Rep. STILLE proposed the following Amendment No. 207 (Doc Name L:\h-wm\legis\amend\DH.024), which was tabled.

Amend the bill, as and if amended, Part I, Section 129, Temporary Provisos, Page 638, Line 13, Right column, Proviso 129.40(G) by inserting after "within" /or outside./

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. JENNINGS moved to table the amendment, which was agreed to by a division vote of 37 to 27.

Section 129.40 was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

Bill #: 3610 General Subject Matter: App.

Section #: 129.40.

Amendment #: 207. Subject Matter: Travel & Sub for App. Judges.

The reason for abstaining on the above referenced legislation is:

Rep. ROBERT J. SHEHEEN

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 129.45

Section 129.45 was adopted.

SECTION 129.47

Section 129.47 was adopted.

SECTION 129.49

Section 129.49 was adopted.

SECTION 129.51

Section 129.51 was adopted.

SECTION 129.52

Section 129.52 was adopted.

SECTION 129.53

Section 129.53 was adopted.

SECTION 129.54

Section 129.54 was adopted.

SECTION 129.55

Section 129.55 was adopted.

SECTION 129.57

Section 129.57 was adopted.

SECTION 129.58

Section 129.58 was adopted.

SECTION 129.59--AMENDED AND ADOPTED

Reps. BOAN and MATTOS proposed the following Amendment No. 18 (Doc Name L:\h-wm\legis\amend\VC.012), which was adopted.

Amend the bill, as and if amended, Part I, Page 0643, Line 18, Left column, Proviso 129.59 by striking /three/ and by inserting after "reflect" /four;/

Amend further, Line 20, by inserting at the end /and Division of Foster Care Review./

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Section 129.59 as amended was adopted.

SECTION 129.60

Section 129.60 was adopted.

SECTION 129.61

Section 129.61 was adopted.

SECTIONS 129.62 AND 129.63--ADOPTED

Rep. KOON proposed the following Amendment No. 83 (Doc Name L:\council\legis\amend\JIC\5579HC.93), which was tabled.

Amend the bill, as and if amended, Part I, Page 643, by striking Sections 129.62 and 129.63 and inserting:

/12962. (Lapsed Funds) Notwithstanding any other provision of law governing lapsed funds, except specific authorizations in Act No. 501 of 1992 for carrying forward lapsed funds, up to $30 million of Fiscal Year 1992-93 lapsed funds in excess of the $33,777,457 required to fully fund the General Reserve Fund, shall be carried forward into FY 1993-94 and transferred to the State Department of Education to be allocated to the school districts of the State for school construction and renovation. The funds must be distributed on a date of application basis, with a district required to have a twenty percent match to be eligible. No funds may be awarded unless the department approves the building or renovation plans.

129.63. (Surplus) It is the intent of the General Assembly that any FY 92-93 General Fund operating surplus in excess of the amount needed to fully restore the General Reserve Fund up to thirty million dollars shall be appropriated to the State Department of Education and used as specified in Section 129.62./

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Rep. KOON explained the amendment.

Rep. STUART spoke in favor of the amendment.

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

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

The amendment was then tabled by a division vote of 48 to 27.

Sections 129.62 and 129.63 were adopted.

Rep. KOON proposed the following Amendment No. 82 (Doc Name council\legis\amends\JIC\5588HC.93), which was ruled out of order.

Amend the bill, as and if amended, Part I, Section 129, page 643, by adding an appropriately numbered paragraph to read:

/129.___ Of funds appropriated in this part for the Department of Mental Health and the Commission on Alcohol and Drug Abuse, one hundred thousand dollars appropriated for each agency must be made available for group homes operated by Lutheran Family Services which provide services to adults with two or more functional problems./

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Rep. KOON explained the amendment.

POINT OF ORDER

Rep. HARRELSON raised the Point of Order that Amendment No. 82 was out of order as it was not germane in that it was unconstitutional in that it involved the separation of church and state.

The SPEAKER stated that House Rules prohibit the appropriation of dollars for a private claim against the state and there also was a Constitutional provision, Article I, Section 2, regarding the establishment of a religion and it appeared that the Lutheran Family Services would be a subsidiary of the Lutheran Church or it would not carry the name and he further stated that procedurally that the House was controlled from making appropriations to private entities and that you could not do that unless it was a contractual arrangement through an agency in a normal procurement process. He further stated that several years ago he had ruled out of order the appropriations for the Arthur Smith Tournament. He further stated that you could not make direct appropriations under either the House Rules or Article X of the Constitution to a private entity and he sustained the Point of Order and ruled the amendment out of order.

Rep. WHIPPER proposed the following Amendment No. 92 (Doc Name L:\h-wm\legis\amend\TIM.JUV).

Amend the bill, as and if amended, Part I, Section 129, Page 643, by adding an appropriately numbered proviso to read: / 129.__ The Agency Head for the Department of Rehabilitation and Corrections shall develop an organizational structure for the Division of Juvenile Justice that clearly states its mission and provides for the following juvenile programs: prevention, early intervention, family and community support treatment services, corrections, and rehabilitation. This structure shall outline the organization of the staff as it directly relates to each of these areas./

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Rep. WHIPPER explained the amendment.

POINT OF ORDER

Rep. FAIR raised the Point of Order that Amendment No. 92 was out of order as it was not germane.

Rep. WHIPPER argued contra the Point in stating that it did relate to money appropriated for the staff and the amendment dealt with how the staff should be organized.

The SPEAKER stated that it did deal with the organizational structure of the department and the expenditure of funds in that organizational structure and he overruled the Point of Order.

Rep. HODGES moved to adjourn debate upon the amendment, which was adopted.

Rep. GAMBLE proposed the following Amendment No. 107 (Doc Name L:\council\legis\amend\436\11130SD.93), which was adopted.

Amend the bill, as and if amended, PART I, Section 129, page 643, by adding a new paragraph to be appropriately numbered which shall read:

/129._____. No agency, department, or entity of state government during fiscal year 1993-94 shall provide the General Assembly with any publications whether or not such publications are required to be furnished to the General Assembly by law. Instead, the agency, department, or entity shall provide to the presiding officer of each house a list of the publications of the agency, department, or entity prepared during the fiscal year which list shall be made available to all members of that house. The agency, department, or entity shall then furnish a member with a copy of the publication upon the member's request. The provisions of this proviso do not apply to reports of the Legislative Audit Council and to newsletters not exceeding four pages./

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Rep. GAMBLE explained the amendment.

The amendment was then adopted.

Rep. GAMBLE proposed the following Amendment No. 166 (Doc Name L:\council\legis\amend\CYY\15335SD.93), which was ruled out of order.

Amend the bill, as and if amended, PART I, Section 129, page 643, by adding a new paragraph to be appropriately numbered which shall read:

/129.____. The Budget Division prior to third reading of this 1993-94 general appropriations bill in each house and prior to the adoption of any conference or free conference report thereon shall attach to it a statement of its fiscal impact on counties, municipalities, and school districts. This fiscal impact statement shall be prepared in the same manner as other fiscal impact statements are prepared pursuant to Section 2-7-76 of the 1976 Code./

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Rep. GAMBLE explained the amendment.

POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 166 was out of order as it was not germane.

Rep. GAMBLE argued contra the Point in stating that the Statute currently required that the fiscal impact statement be attached to Bills that require monies for counties and municipalities and this was just a means for assuring this.

The SPEAKER stated that it was in the General Code that whenever a Bill or resolution was introduced in the General Assembly requiring expenditure of tax dollars by a county or municipality, then the principal author of the Bill shall affix thereto a statement of estimated fiscal impact and the cost of the proposed legislation and if the Committee amended it and there was a different estimate, then the Chairman of the Committee was required to attach a different or revised statement of estimated fiscal impact. He further stated that fiscal impact was defined as the opinion of the person executing the statement as to the dollar cost to the county or municipality in the first year and every year thereafter. He further stated that it was not germane to the Appropriations Bill and he sustained the Point of Order and ruled the amendment out of order.

Rep. BOAN proposed the following Amendment No. 226 (Doc Name L:\h-wm\legis\amend\FF.001).

Amend the bill, as and if amended, Page 0643, by adding a new proviso at the end to read: /129.__ Each agency, department, or institution director is expected to have in place an effective system of management controls to prevent and detect improper conduct by employees of the agency or the institution.

The Governor, Constitutional Officer or a Board or Commission shall have broad discretion in matters of management to ensure that those directors entrusted with public resources, the procurement of resources, and authority for applying resources are fully accountable. This power shall include, but is not limited to, the authority to immediately terminate, suspend (with or without pay), demote, reduce compensation, transfer, or require restitution from a director. The Governor, Constitutional Officer or governing body shall have broad latitude in fashioning a sanction appropriate for situations involving, but not limited to misconduct in office, neglect of duty, incompetence, malfeasance, maladministration, misdemeanors or felonies, and activities involving moral turpitude. In instances of alleged misconduct, the director may request an immediate hearing before the Administrative Law Judge Division to challenge any disciplinary action taken.

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Rep. BOAN explained the amendment.

POINT OF ORDER

Rep. WHIPPER raised the Point of Order that Amendment No. 226 was out of order as it was not germane.

The SPEAKER stated that among the powers were the authority to terminate, pay, to reduce compensation, to require restitution and this did meet the Rule 5.3 test of appropriations and revenues and rules, regulations and procedures relating to revenues and appropriations and he overruled the Point of Order.

Rep. BOAN moved to adjourn debate upon the amendment, which was adopted.

Reps. McLEOD and G. BROWN proposed the following Amendment No. 253 (Doc Name L:\council\legis\amend\N05\7028AL.93).

Amend the bill, as and if amended, Part I, Section 129, by adding an appropriately numbered paragraph to read:

/Notwithstanding any appropriations made pursuant to this part, no funds appropriated in this part for law enforcement for enforcement relating to overweight trucks must be transferred to the Department of Transportation for this purpose./

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

Rep. CHAMBLEE moved that the House do now adjourn.

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

Yeas 45; Nays 59

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Askins
Baxley                 Beatty                 Breeland
Brown, G.              Byrd                   Canty
Carnell                Chamblee               Cobb-Hunter
Cooper                 Corning                Davenport
Elliott                Fair                   Felder
Gamble                 Govan                  Harrelson
Harris, P.             Houck                  Hutson
Inabinett              Kennedy                Klauber
Lanford                McAbee                 McLeod
McMahand               Neilson                Rhoad
Smith, R.              Snow                   Spearman
Stille                 Stone                  Stuart
Trotter                Vaughn                 Whipper
White                  Wilder, J.             Wilkes

Total--45

Those who voted in the negative are:

Alexander, T.C.        Allison                Bailey, J.
Baker                  Barber                 Boan
Brown, H.              Cato                   Clyborne
Cromer                 Delleney               Farr
Gonzales               Graham                 Hallman
Harrell                Harris, J.             Harrison
Harwell                Hodges                 Holt
Huff                   Jaskwhich              Jennings
Keegan                 Kelley                 Keyserling
Kirsh                  Law                    Littlejohn
Marchbanks             Martin                 McCraw
McTeer                 Meacham                Moody-Lawrence
Phillips               Quinn                  Richardson
Riser                  Robinson               Rogers
Rudnick                Scott                  Sheheen
Shissias               Simrill                Sturkie
Thomas                 Waites                 Walker
Wells                  Wilder, D.             Wilkins
Witherspoon            Wofford                Worley
Wright                 Young, A.

Total--59

So, the House refused to adjourn.

SECTION 130.1

Section 130.1 was adopted.

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

MOTION NOTED

Rep. BOAN moved to reconsider the vote whereby Sections 18B, 18C, 18C.2, 18C.3, 19A, 19A.3, 19A.4, 19A.5, 19A.6, 19A.7, 19A.8, 19A.9, 19A.10, 19A.13, 19A.14, 19A.15, 19A.17, 19A.18, Amendment #176, 19B, 19B.3, 19C, 19D, 19E, 19F, 19G, 19H, 19JA, 19JB, 19JC, 19JD, 19JE, 19JF, 19JG, 19JH, 19JI, 19JJ, 19J.1, 19J.2, 19JK, 19JK.1, 19JK.2, 19JK.3, 19JK.4, 19JK.5, 18K, 19LA, 19LB, 19LC, 19L.1, 19L.3, 19L.4, 19L.5, 19L.6, 19L.9, 19L.10, 19N, 19N.1, 19N.3, 19N.4, 20, 20.1, 20.2, 20.3, 20.4, 20.5, 20.6, 20.7, 21, 21.1, 21.2, 21.3, 21.4, 21.5, 22, 22.1, 23A, 23A.1, 23A.2, 23A.3, 23A.5, 23A.6, 23A.7, 23A.8, 23A.10, 23A.12, 23A.14, 23A.15, 23A.16, 24A.1, 24A.2, 24A.4, 24A.5, 24A.6, 24A.7, 24A.8, 24A.9, 24A.10, 24A.11, 24A.12, 24A.14, 24A.15, 24A.16, 24A.17, 24A.18, 24A.19, 24A.20, 24A.21, 24A.24, 24A.25, 24A.27, 24A.28, 24A.29, 24A.30, 24A.32, 24B, 24B.1, 24B.2, 24B.3, 25A.1, 25A.2, 25A.3, 25A.6, 25A.8, 25A.9, 25A.10, 25A.12, 25A.13, 25A.14, 25A.15, Amendment #65, 26A, 26A.1, 26A.2, 26A.3, 26A.4, 26A.5, 26A.6, 26A.9, 26B, 26B.1, 26B.2, 26C, 26C.2, 26D, 26D.1, 26D.2, 26D.3, 26D.4, 26D.5, 26D.6, 26D.7, 26D.8, 26D.9, 26D.10, 26D.11, 26D.12, 26D.13, 27A, 27A.1, 27A.2, 27A.3, 27A.4, 27B, 27B.2, 27B.3, 27B.4, 27B.5, 27B.6, 27B.7, 27B.8, 27B.9, 27B.10, 27B.12, 27B.13, 27B.14, 27B.15, 27B.16, 27B.17, 27B.18, 27B.20, 27B.21, 27B.22, 27B.23, 27C, 27C.1, 27C.2, 27C.3, 27D, 27E.1, 27E.4, 29A, 29A.1, 29A.2, 29A.3, 29A.4, 29A.5, 29A.6, 29A.7, 29A.8, 29A.9, 29A.10, 29B.1, 29B.3, 29B.4, 29B.5, 29B.6, 29C, 29C.1, 30A, 30A.1, 30A.2, 30A.3, 30A.4, 30A.5, 30A.6, 30A.7, 30A.10, 30A.13, 30A.15, 30A.17, 30A.18, 30A.19, 30A.22, 30A.24, 30A.25, 30C, 30C.1, 30C.3, Amendment #67, 30D, 30D.1, 30D.2, 31, 31.1, 31.2, 31.3, 32, 32.1, 32.2, 32.3, 33A, 33A.1, 33A.2, 33A.3, 33B, 33C, 33D, 33D.1, 33E, 33E.1, 33E.2, 34B, 34B.1, 34C, 34C.1, 34C.2, 34C.3, 34C.4, 34C.5, 34C.6, 34C.7, 34C.8, 34C.9, 34C.10, 34C.11, 35A, 35A.1, 35B, 35C, 42, 42.1, 43, 44, 45, 48, 49, 50, 51, 52, 53, 55, 57, 58, 61, 63, 64, 66, 67, 68, 68.1, 68.2, 68.3, 68.4, 69, 74, 76A, 76A.1, 76A.2, 76B, 76B.1, 76B.2, 76D, 76D.1, 76D.2, 76D.3, 76D.5, 76D.6, 76D.8, 77, 77.1, 78, 78.1, 79, 80, 82, 82.1, 83, 83.1, 83.2, 83.3, 83.4, 83.5, 83.6, 84, 84.1, 85, 85.1, 85.2, 85.3, 86, 86A, 86A.1, 86A.2, 86A.3, 86A.4, 86C, 86C.1, 86C.2, 86C.3, 86C.4, 86E, 86F, 86F.1, 86F.2, 86F.3, 86G, 86G.1, 86G.2, 86G.3, 86G.4, 86G.6, 86G.7, 86G.8, 86H, 86I, 86I.1, 87, 87.1, 87.2, 87.3, 87.4, 87.5, 87.6, 89A, 89A.1, 89A.3, 89A.7, 89A.8, 89A.9, 89B, 89B.1, 89B.2, 89B.3, 89B.5, Amendment #66, 129.1, 129.2, 129.3, 129.4, 129.5, 129.7, 129.8, 129.9, 129.10, 129.11, 129.12, 129.13, 129.14, 129.16, 129.17, 129.18, 129.19, 129.20, 129.22, 129.23, 129.24, 129.25, 129.26, 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, 129.45, 129.47, 129.49, 129.51, 129.52, 129.53, 129.54, 129.55, 129.57, 129.58, 129.59, 129.60, 129.61, 129.62, 129.63, Amendment No. 107 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. 3576 -- Reps. Keyserling and Richardson: A CONCURRENT RESOLUTION TO APPLAUD THE EFFORTS OF THE SOUTH CAROLINA AFFILIATE OF THE AMERICAN HEART ASSOCIATION IN RECOGNITION OF FEBRUARY 1993 AS AMERICAN HEART MONTH.

H. 3580 -- Reps. Rudnick, Felder, Moody-Lawrence, Holt, Hutson, Harrell, Farr, Sharpe, Cooper, McAbee, Wells, R. Smith, Allison, Walker, Neilson, Littlejohn, Clyborne, Robinson, Waites, Graham, Hines, McMahand, Stone, Huff, McCraw, Gamble, Anderson, Phillips, Govan, Witherspoon, Fair, J. Wilder, T.C. Alexander, Wilkins, Thomas, Cromer, Marchbanks, Carnell, Byrd, Neal, Kirsh, D. Wilder, J. Bailey, Meacham and Barber: A CONCURRENT RESOLUTION DESIGNATING MARCH 16, 1993, AS "FREEDOM OF INFORMATION DAY" IN SOUTH CAROLINA, RECOGNIZING THE CONTRIBUTIONS OF THE SOUTH CAROLINA STATE LIBRARY TO AN INFORMED CITIZENRY, AND ENCOURAGING THE PUBLIC TO VISIT THE STATE LIBRARY'S EXHIBIT OF THE "TEN MOST NOTABLE STATE DOCUMENTS" PUBLISHED IN 1992, LOCATED IN THE STATE HOUSE LOBBY DURING THE WEEK OF MARCH 8, 1993.

ADJOURNMENT

At 6:05 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Mrs. Louise C. Cook of Gray Court, to meet at 10:00 A.M. tomorrow.

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