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

WEDNESDAY, MARCH 24, 1993

Wednesday, March 24, 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:

Our Father God, grant all who join in this prayer to be blessed by a sense of Your divine presence shielding and sheltering our faith from the hardness of the world. Temptations make it easy for us to allow our spiritual life to be smitten and wither under the blight of unreality and insincerity. Endow us with an ever-abiding consciousness that in rendering public service that we are about out Father's business and must thus fill our days with honest labor. Give us, then, a loyalty that never wavers and a courage that never falters.

Thank You, Lord, for Your assurance to hear our prayer. 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.

MOTION ADOPTED

Rep. BREELAND moved that when the House adjourns, it adjourn in memory of Mrs. Inez Nimmons, which was agreed to.

REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received.

Document No. 1547
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Collection, Temporary Storage and Transportation of Solid Waste
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 13, 1993
Withdrawn and Resubmitted March 23, 1993

Document No. 1549
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Transfer of Solid Waste
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 13, 1993
Withdrawn and Resubmitted March 23, 1993

Document No. 1550
Promulgated By Department of Health and Environmental Control
Solid Waste Management: Solid Waste Processing Facilities
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 13, 1993
Withdrawn and Resubmitted March 23, 1993

Document No. 1538
Promulgated By Coastal Council
Legal Processes and Procedures
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1993
Withdrawn and Resubmitted March 24, 1993

Document No. 1539
Promulgated By Coastal Council
Certification Appeals and Authority
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1993
Withdrawn and Resubmitted March 24, 1993

REPORTS OF STANDING COMMITTEE

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

Invitation of the Clemson University Division of Agriculture & Natural Resources for dinner (annual "Catfish and grits"), April 6, 1993, social hour 6:00 P.M., dinner 7:00 P.M. at the Women's Club of Columbia, 1703 Blossom Street.

The invitation was accepted.

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

Invitation of Home Builders Association of South Carolina for annual Bird Supper, April 7, 1993, 6:00 P.M. - 8:00 P.M. at the Moore Building, State Fairgrounds.

The invitation was accepted.

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

Invitation of S.C. Bankers Association for an oyster roast, April 13, 1993, 6:00 P.M. - 8:00 P.M. at Sterling Garden Center, 320 Senate Street.

The invitation was accepted.

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

Invitation of the S.C. Association of Regional Councils for a reception, April 14, 1993, 6:00 P.M. - 8:00 P.M. at the Capitol City Club.

The invitation was accepted.

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

Invitation of Independent Banks of S.C. for a reception, April 20, 1993, 6:00 P.M. - 8:00 P.M. at the Capitol City Club.

The invitation was accepted.

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

Invitation of Independent Consumer Finance Association of S.C. for a reception, April 21, 1993, 6:00 P.M. - 8:00 P.M. at the Town House.

The invitation was accepted.

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

Invitation of the Governmental Affairs Committee of the Association of Citadel Men for barbecue, April 28, 1993, 6:30 P.M. at the Moore Building, State Fairgrounds.

The invitation was accepted.

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

Invitation of the S.C. Victim Assistance Network for breakfast, April 29, 1993, 8:30 A.M. - 9:30 A.M. at the Town House.

The invitation was accepted.

REPORTS OF STANDING COMMITTEE

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

H. 3737 -- Reps. Barber, J. Wilder, Harrell, Hallman, J. Bailey, Whipper, Inabinett, Breeland, Holt, Gonzales, A. Young, H. Brown, Law, Williams, Fulmer, Rogers, Cato, Sharpe, R. Smith, Stone, Huff, Rudnick, Keyserling, Wofford, Cobb-Hunter, G. Bailey, Hutson and R. Young: A CONCURRENT RESOLUTION MEMORIALIZING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO WORK WITH VARIOUS STATE AGENCIES AND THE CHARLESTON-TRIDENT AND AIKEN/BARNWELL AREA TO SEEK A HIGH PROPORTION OF THE PRESIDENT'S $47 BILLION ECONOMIC STIMULUS PACKAGE.

Ordered for consideration tomorrow.

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

S. 535 -- Senators Elliott, Rankin and Greg Smith: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PROVIDE ADDITIONAL TRAFFIC CONTROL SUPPORT TO THE GRAND STRAND AREA UNTIL BETTER ACCESS IS PROVIDED THROUGH THE CONSTRUCTION AND IMPROVEMENT OF THE HIGHWAY SYSTEM SERVING THE GRAND STRAND AREA.

Ordered for consideration tomorrow.

H. 3624--SENATE AMENDMENTS CONCURRED IN

The Senate amendments to the following Concurrent Resolution were taken up for consideration.

H. 3624 -- Rep. Houck: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 18, 1993, FOR ITS ANNUAL STATE HOUSE MEETING.

The Senate amendments were concurred in and a message was ordered sent the Senate accordingly.

CONCURRENT RESOLUTION

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

H. 3763 -- Rep. Wright: A CONCURRENT RESOLUTION TO CONGRATULATE THE NATIONAL FEDERATION OF INDEPENDENT BUSINESS FOR FIFTY YEARS OF OUTSTANDING SERVICE AS AN ADVOCATE OF SMALL BUSINESS AND TO DECLARE THE WEEK OF JUNE 27, 1993, AS "NATIONAL FEDERATION OF INDEPENDENT BUSINESS WEEK" IN SOUTH CAROLINA.

Whereas, the National Federation of Independent Business was founded in 1943 as a nonpartisan and nonprofit advocate of small business ownership and will celebrate its fiftieth anniversary the week of June 27, 1993; and

Whereas, the National Federation of Independent Business has unswervingly dedicated itself to defending the American free enterprise system based on private ownership, fair competition, and the opportunity to pursue entrepreneurship; and

Whereas, the National Federation of Independent Business is a faithful representative of the small business community, always relying on the opinion of its membership to determine its policy positions on legislative and regulatory issues; and

Whereas, the National Federation of Independent Business is South Carolina's largest small business advocacy group, representing more than eight thousand four hundred small business owners; and

Whereas, the grass roots approach to political education and activism employed by the National Federation of Independent Business plays an invaluable role in our democratic processes, assuring that South Carolina lawmakers and regulators understand how their decisions will affect the day-to-day operations and profitability of small business owners within their communities. Now, therefore,

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

That the members of the General Assembly hereby congratulate the National Federation of Independent Business for fifty years of outstanding service as an advocate of small business and declare the week of June 27, 1993, as "National Federation of Independent Business Week" in South Carolina.

Be it further resolved that a copy of this resolution be presented to the National Federation of Independent Business representatives in South Carolina.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3764 -- Rep. Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE THE CITY OF TEGA CAY FOR BEING THE FIRST YORK COUNTY MUNICIPALITY TO IMPLEMENT A VOLUNTEER RECYCLING PROGRAM.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 576 -- Senator Jackson: A CONCURRENT RESOLUTION CONGRATULATING THE MEN'S AND WOMEN'S BASKETBALL TEAMS OF BENEDICT COLLEGE ON THEIR EXCELLENT SEASONS AND COACHES WILLIE WASHINGTON AND MARGARET ENGLISH JONES FOR BEING NAMED EASTERN INTERCOLLEGIATE ATHLETIC CONFERENCE (EIAC) COACHES OF THE YEAR FOR THEIR RESPECTIVE TEAMS.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3765 -- Reps. Scott and Williams: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO LOTTERIES, SO AS TO AUTHORIZE LOTTERIES CONDUCTED ONLY BY THE STATE AND TO PROVIDE FOR THE USE OF THE REVENUES DERIVED FROM THE LOTTERIES.

Referred to Committee on Judiciary.

H. 3766 -- Reps. J. Brown, McMahand, Neal, Hines and Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO TRIAL BY JURY, SO AS TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THE JURY AND PROPOSING AN AMENDMENT TO SECTION 21, ARTICLE V, RELATING TO THE CHARGE TO A JURY, SO AS TO PROVIDE THAT A JURY HAS THE RIGHT TO JUDGE THE LAW, AS WELL AS THE FACTS.

Referred to Committee on Judiciary.

H. 3767 -- Reps. Wilkins and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 16 SO AS TO PROVIDE FOR THE RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS ACT AND TO PROVIDE DEFINITIONS, PENALTIES, AND SEIZURE PROCEDURES.

Referred to Committee on Judiciary.

H. 3768 -- Reps. Byrd, McMahand, Neal, Whipper, Cobb-Hunter, Hines, J. Brown, Scott, Neilson, Beatty, Inabinett, Breeland, Canty and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION EACH FISCAL YEAR SHALL REDUCE THE FORMULA FUNDING TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING THAT ACCEPT APPLICANTS BASED UPON GENDER AND TO PROVIDE FOR THE MANNER IN WHICH THE FORMULA FUNDING MUST BE REDUCED.

Referred to Committee on Ways and Means.

H. 3769 -- Reps. Byrd, Rogers, A. Young, Govan, McLeod, Breeland, Whipper, Scott, Neal, Neilson, Waites, Harrison, McMahand, J. Brown, Beatty, Cobb-Hunter, Phillips, Shissias, Hines, Littlejohn, Stille, Inabinett, Harrelson, Moody-Lawrence, Canty, Stuart, Meacham, Allison, Barber, J. Wilder, Quinn, Wilkins, Snow, Thomas and Hutson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-15 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP A PARENTAL INVOLVEMENT PROGRAM FOR THE ELEMENTARY AND SECONDARY SCHOOLS OF THIS STATE, TO PROVIDE FOR THE CONTENT OF THIS PROGRAM, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PROGRAM MUST BE IMPLEMENTED IN THE SEVERAL SCHOOLS OF THIS STATE.

Referred to Committee on Education and Public Works.

H. 3770 -- Rep. Harvin: A BILL TO AMEND SECTION 7-7-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CLARENDON COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR CERTAIN PRECINCTS AND PROVIDE THAT POLLING PLACES MUST BE DETERMINED BY THE CLARENDON COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CLARENDON COUNTY LEGISLATIVE DELEGATION.

Referred to Clarendon Delegation.

H. 3771 -- Reps. T.C. Alexander, Cato, Graham, Klauber, Marchbanks, McCraw, Phillips, Robinson, Trotter, Tucker, Vaughn, Walker, Wells and Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-315 SO AS TO AUTHORIZE DEER HUNTING WITH DOGS IN GAME ZONES 1, 2, AND 4; TO AMEND SECTION 50-9-150, RELATING TO HUNTING IN WILDLIFE MANAGEMENT AREAS, SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO PROMULGATE REGULATIONS TO ESTABLISH SEASONS, BAG LIMITS, AND METHODS FOR TAKING GAME ONLY IN THOSE AREAS AND PROVIDE FOR THE GENERAL ASSEMBLY TO ESTABLISH ITS REQUIREMENTS FOR TAKING GAME ON PRIVATE LAND; TO AMEND SECTION 50-11-310, AS AMENDED, RELATING TO THE OPEN SEASON FOR TAKING ANTLERED DEER, SO AS TO DELETE THE PROVISIONS FOR THE WILDLIFE AND MARINE RESOURCES COMMISSION TO SET THE SEASON FOR GAME ZONES 1, 2, AND 4 AND PROVIDE FOR THE SEASON IN THOSE GAME ZONES; TO AMEND SECTION 50-11-335, RELATING TO THE BAG LIMIT ON ANTLERED DEER, SO AS TO DELETE THE PROVISION FOR THE COMMISSION TO SET THE LIMIT IN GAME ZONES 1, 2, AND 4 AND PROVIDE FOR THE LIMIT IN THOSE GAME ZONES; AND TO AMEND SECTION 50-11-390, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT REGARDING ANTLERLESS DEER, SO AS TO DELETE SEPARATE PROVISIONS FOR GAME ZONES 1, 2, AND 4.

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

S. 229 -- Senator Martin: A BILL TO REPEAL SECTION 52-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON CARNIVALS AND TRAVELING TENT SHOWS EXHIBITING WITHIN THIS STATE.

Referred to Committee on Labor, Commerce and Industry.

S. 306 -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE TAX NOTICES, SO AS TO REQUIRE SUCH NOTICES TO INCLUDE A STATEMENT THAT A DAMAGED OR HIGH MILEAGE VEHICLE MAY BE ELIGIBLE FOR A LOWER ASSESSMENT.

Referred to Committee on Ways and Means.

S. 402 -- Senator Land: A BILL TO AMEND SECTION 56-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION WHEN OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THAT UPON CONVICTION FOR VIOLATION OF THIS SECTION COURT COSTS MAY BE WAIVED AND NO POINTS MAY BE ASSESSED FOR DRIVING RECORD OR INSURANCE PURPOSES.

Referred to Committee on Education and Public Works.

CONCURRENT RESOLUTION

The following was introduced:

H. 3772 -- Reps. McMahand, J. Brown, Cobb-Hunter, White, Beatty, Anderson, Breeland, Byrd, Canty, Govan, Hines, Inabinett, Kennedy, Moody-Lawrence, Neal, Scott, Whipper and Williams: A CONCURRENT RESOLUTION RECOGNIZING THE REVEREND DR. S.C. CURETON OF GREENVILLE COUNTY ON HIS CANDIDACY FOR NEXT PRESIDENT OF THE NATIONAL BAPTIST CONVENTION, U.S.A., INC., AND CONGRATULATING HIM ON THE TWENTY-EIGHTH ANNIVERSARY OF HIS PASTORATE OF REEDY RIVER BAPTIST CHURCH IN GREENVILLE COUNTY.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, J.
Baxley                 Boan                   Brown, G.
Brown, H.              Brown, J.              Canty
Carnell                Cato                   Chamblee
Clyborne               Cooper                 Corning
Davenport              Delleney               Elliott
Fair                   Farr                   Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harrelson
Harris, J.             Harris, P.             Harwell
Haskins                Hines                  Hodges
Holt                   Hutson                 Inabinett
Keegan                 Kelley                 Kennedy
Keyserling             Kinon                  Kirsh
Klauber                Koon                   Lanford
Law                    Littlejohn             Marchbanks
McAbee                 McCraw                 McKay
McLeod                 McMahand               McTeer
Meacham                Neilson                Phillips
Rhoad                  Richardson             Riser
Robinson               Rogers                 Rudnick
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  White                  Wilder, D.
Wilder, J.             Wilkes                 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 Wednesday, March 24.

Robert A. Barber, Jr.             Richard M. Quinn, Jr.
June S. Shissias                  Donald W. Beatty
Jerry N. Govan, Jr.               Gilda Cobb-Hunter
James H. Harrison                 Lucille S. Whipper
Morgan Martin                     William S. Houck, Jr.
James L.M. Cromer, Jr.            John G. Felder
Floyd Breeland                    James G. Mattos
Joseph H. Neal                    Douglas Jennings, Jr.
Thomas E. Huff                    Michael F. Jaskwhich
Dell Baker                        Bessie Moody-Lawrence
Alma W. Byrd                      C. Alex Harvin, III
Joseph T. McElveen, Jr.
Total Present--123

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Rep. HARWELL signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 23.

SENT TO THE SENATE

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

H. 3739 -- Reps. Harwell and Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1992, AND ENDING JUNE 30, 1993.

H. 3745 -- Reps. T.C. Alexander, Mattos and Elliott: A BILL TO REPEAL SECTION 2-1-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORIENTATION PROGRAM FOR NEW LEGISLATORS.

H. 3748 -- Reps. Wilkins and Cato: A BILL TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3756 -- Rep. Stille: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR EACH PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE DETERMINED BY THE ABBEVILLE COUNTY ELECTION COMMISSION WITH THE APPROVAL OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION.

H. 3738 -- Reps. J. Bailey, Gonzales and Kirsh: A BILL TO AMEND SECTION 56-5-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC ACCIDENT REPORT FORMS, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE REPORTS AND PROHIBIT THE USE OF CERTAIN INFORMATION IN DRIVING RECORDS.

H. 3743--RECONSIDERED

Rep. GONZALES moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to.

H. 3743 -- Reps. J. Bailey, Barber, Whipper, Breeland, Inabinett, Law, G. Bailey, D. Williams and Holt: A BILL TO AMEND SECTION 13-12-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRIDENT ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROHIBIT THE IMPLEMENTATION OF THE AUTHORITY UNLESS BERKELEY, CHARLESTON, AND DORCHESTER COUNTIES AGREE TO PARTICIPATE IN THE AUTHORITY; TO AMEND SECTION 13-12-15, RELATING TO THE APPROVAL PROCEDURE TO PARTICIPATE IN THE AUTHORITY, SO AS TO PROVIDE ANOTHER APPROVAL PROCEDURE; TO AMEND SECTION 13-12-220, RELATING TO THE IMPLEMENTATION OF THE PROVISIONS OF CHAPTER 12 OF TITLE 13, SO AS TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER ONLY UPON THE APPROVAL OF EACH OF THE RESPECTIVE COUNTIES; AND TO REPEAL SECTION 3 OF ACT 518 OF 1992, RELATING TO THE REQUIREMENT THAT THE ELECTION COMMISSIONER OF BERKELEY, DORCHESTER, AND CHARLESTON COUNTIES PLACE ON THE BALLOT AT THE TIME OF THE NOVEMBER, 1992, GENERAL ELECTION THE QUESTION OF THE CREATION OF THE AUTHORITY AND ITS ISSUANCE OF GENERAL OBLIGATION BONDS.

H. 3610--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 539, Part II.

H. 3610
GENERAL APPROPRIATION BILL
AMENDMENT NO. 539--ADOPTED

Debate was resumed on Amendment No. 539, which was proposed on Tuesday, March 23, by Reps. FARR, BOAN, et al.

The question then recurred to the adoption of the amendment.

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

Yeas 82; Nays 9

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Barber
Baxley                 Boan                   Brown, H.
Carnell                Cato                   Chamblee
Clyborne               Cooper                 Cromer
Delleney               Fair                   Farr
Felder                 Gamble                 Gonzales
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harwell
Haskins                Hines                  Hodges
Holt                   Hutson                 Inabinett
Keegan                 Kelley                 Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Littlejohn             McAbee                 McCraw
McMahand               McTeer                 Meacham
Moody-Lawrence         Neilson                Phillips
Richardson             Riser                  Rogers
Rudnick                Scott                  Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Snow                   Stille
Stone                  Stuart                 Sturkie
Thomas                 Trotter                Tucker
Vaughn                 Waites                 Walker
Whipper                Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Williams
Wofford                Wright                 Young, A.
Young, R.

Total--82

Those who voted in the negative are:

Beatty                 Brown, G.              Graham
Kennedy                Robinson               Sharpe
Spearman               Stoddard               Waldrop

Total--9

So, the amendment was adopted.

Rep. KIRSH proposed the following Amendment No. 486 (Doc Name L:\council\legis\amend\CYY\15364SD.93), which was adopted.

Amend the bill, as and if amended, Part II, Section 22, by adding a new subsection to be appropriately numbered which shall read:

/( )     The 1976 Code is amended by adding:

"Section 56-3-195.     (A)     Beginning on July 1, 1994, each county shall mail motor vehicle registration and licensing renewal notices to the owners of vehicles in the county as determined by the Division of Motor Vehicles of the department. Such renewal notices including the fees therefor upon completion must be returned to that county which shall transmit the renewal notices to the department for processing and which shall transmit such fees to the appropriate state fund as provided by law within seven days of receipt.

(B)     Every county shall have access to the motor vehicle registration and licensing records of the department as applicable to such county in the manner the county and department agree for the purpose of the county performing the functions required in subsection (A)."/

Amend the bill further, as and if amended, Part II, Section 22, by striking Section 56-3-251 of the 1976 Code, as contained on page 654 in the lefthand column and inserting:

/Section 56-3-251.     (A)     The Department of Highways and Public Transportation must issue biennial license plates based upon Section 56-3-253. Upon electronic notification from the county treasurer or county tax collector that personal property taxes have been paid for the second year of the biennial registration, the department must mail to the vehicle owner a validation sticker for the second year of the biennial registration period.

Upon electronic notification from the county treasurer or county tax collector to the department that the taxes have not been paid on a vehicle, the department shall suspend the vehicle registration and licensing, and driver's license, if provided a driver's license number, of the vehicle owner.

(B)     All validation stickers must be issued for a period not to exceed twelve months./

Amend further, as and if amended, by deleting Section 56-3-252, as contained on page 654, and Section 56-3-254 on page 655 in their entirety.

Amend further, as and if amended, by striking subsection B. which begins on line 39 of the lefthand column on page 655 in its entirety.

Amend further, as and if amended, by deleting item (7), Section 56-3-350, which begins on line 27 of page 655 in the righthand column.

Amend further, as and if amended, by deleting item (4), Section 56-3-420, which begins on line 27 of page 656 in the righthand column.

Amend the bill further, as and if amended, by adding the following new subsections to be appropriately numbered which shall read:

/( )     Section 12-37-2610 of the 1976 Code is amended to read:

"Section 12-37-2610.     The tax year for licensed motor vehicles begins with the last day of the month in which a license required by Section 56-3-110 the Department of Highways and Public Transportation is issued and ends on the last day of the month in which the license expires or is due to expire, unless the license is for a period of two years. In that case the tax year for motor vehicles for the first year of the two-year licensing period begins with the last day of the month in which a license required by law is issued and ends on the last day of the month on the next anniversary of the issue date of the license. For the second year of the two-year licensing period the tax year for motor vehicles begins with the last day of the month on the anniversary of the issue date of the license and ends on that last day of the month in which the license expires or is due to expire. No license may be issued for motor vehicles until the ad valorem tax is paid for the year for which the license is to be issued. Motor vehicles registered under the International Reciprocity Plan may pay ad valorem property taxes on a semiannual basis. The provisions of this section do not apply to sales of motor vehicles by a licensed motor vehicle dealer that do not involve the transfer of a license plate. Notice of the sales must be furnished to the department along with other documents necessary for the registration and licensing of the vehicle concerned. The notice must be received by the department as a prerequisite to the registration and licensing of the vehicle and must include the name and address of the purchaser, the vehicle identification number, and the year and model of the vehicle. The notice must be an original and one copy, and the copy must be provided by the department to the auditor of the county in which the vehicle is taxable. All ad valorem taxes on a vehicle are due and payable one hundred twenty days from the date of purchase. The notice and the time in which to pay the tax applies to motor vehicles that are serviced and delivered by a licensed motor vehicle dealer for the benefit of an out-of-state dealer."

( )     Section 12-37-2620 of the 1976 Code is amended to read:

"Section     12-37-2620.     The tax payable on motor vehicles required to be licensed by Section 56-3-110 of the 1976 Code the Department of Highways and Public Transportation shall be determined for a twelve-month licensing period, except when the license required is for a twenty-four month licensing period. In that case the tax payable on motor vehicles required to be licensed by the department shall be determined for a twelve-month tax year for each of the two twelve-month periods contained in the biennial licensure as they respectively occur. If the actual licensing period is less than twelve months for either of the two twelve-month tax years, the tax payable shall be that proportion of the above described tax that is equal to the proportion of the number of months that the licensing period is to the twelve month period that is affected."

( )     Section 12-37-2650 of the 1976 Code is amended to read:

"Section 12-37-2650.     The auditor shall prepare a tax notice of all vehicles owned by the same person and licensed at the same time for each tax year within the two-year licensing period. A notice must be in four parts and must describe the motor vehicle by name, model, and identification number. The notice must set forth the assessed value of the vehicle, the millage, the taxes due on each vehicle, and the license period or tax year. The notice must be delivered to the county treasurer and it is the treasurer's responsibility to collect or receive payment of the taxes. One copy of the notice must be in the form of a bill or statement for the taxes due on the motor vehicle and, when practical, the treasurer shall mail that copy to the owner or person having control of the vehicle. When the tax is paid, the treasurer shall issue the taxpayer two copies of the paid receipt. One copy must be delivered by the taxpayer to the South Carolina Department of Highways and Public Transportation with the application for the motor vehicle license and the other copy must be retained by the treasurer. The auditor shall maintain a separate duplicate for motor vehicles. No license may be issued without the receipt being attached to the application or a copy of the notification required by Section 12-37-2610 but the county treasurer may, by other means satisfactory to the department, transmit evidence of payment of the tax which must be accepted as evidence of payment. Motor vehicles registered under the International Reciprocity Plan may pay ad valorem property taxes on a semiannual basis, and a proportional receipt must be issued by the treasurer subject to penalties in Section 12-37-2730. The treasurer, tax collector, or other official charged with the collection of ad valorem property taxes in each county may delegate the collection of motor vehicle taxes to banks or banking institutions, if each institution assigns, hypothecates, or pledges to the county, as security for the collection, federal funds or federal, state, or municipal securities in an amount adequate to prevent any loss to the county from any cause. Each institution shall remit the taxes collected daily to the county official charged with the collections. The receipt given to the taxpayer, in addition to the information required in this section and by Section 12-45-70, must contain the name and office of the treasurer or tax collector of the county and must also show the name of the banking institution to which payment was made. The county official charged with the collection of taxes shall send a list of the institutions collecting the taxes to the South Carolina Department of Highways and Public Transportation. Each institution shall certify to the Department that the taxes have been paid, and the Department is authorized to accept certification in lieu of the tax receipt given to the taxpayer if certification contains information required by this section. Tax bills (notices) for county assessed personal property valued in accordance with applicable Tax Commission regulations must include notification of the taxpayer's appeal rights, to include a minimum amount of information of how the taxpayer should file his appeal, to whom, and within what time period."

( )     Section 12-37-2660 of the 1976 Code is amended to read:

"Section 12-37-2660. The Department of Highways and Public Transportation shall furnish the auditor of each county a listing of license registration applications to be mailed to the owners of motor vehicles in the respective counties. The listings shall be furnished the auditor as soon as possible but no later than sixty days before the applications are mailed by the department to vehicle owners. Listings shall be in the form of computer tapes or printouts. These listings must also include the names and addresses of lienholders for the respective vehicles. However, the department shall prepare another listing for the respective counties each month for all vehicles that are licensed the second year of the two-year licensing period. This listing shall contain an updating of the prior year's list to denote vehicles in which the license or registration is transferred or canceled."

( )     Section 12-37-2680 of the 1976 Code is amended to read:

"Section 12-37-2680. The assessed value of the vehicle shall be determined as of the first day of the month preceding that in which the license is issued the beginning of the tax year for the vehicles. The assessed values shall be published in guides or manuals by the South Carolina Tax Commission and provided to the auditor of each county as often as may be necessary to provide for current values. When the value of any vehicle is not set forth in the guide or manual the auditor shall determine the value from other available information. Any person aggrieved by the valuation of his motor vehicle may appeal to the South Carolina Tax Commission and the Commission may increase, decrease or affirm the value so determined."

( )     Sections 12-37-2670 and 12-37-2700 of the 1976 Code are repealed.

( )     Section 12-37-2725 of the 1976 Code is amended to read:

"Section 12-37-2725. When the title to a licensed vehicle is transferred, the license plate and registration certificate issued the transferor may be returned for cancellation. The license plate and registration certificate must be delivered to the auditor of the county of the vehicle's registration and tax payment. A request for cancellation must be made in writing to the auditor upon forms approved by the Department of Highways and Public Transportation. The auditor, upon receipt of the license plate, registration certificate, and the request for cancellation, shall order and the treasurer shall issue a credit or refund of property taxes paid by the transferor on the vehicle. The amount of the refund or credit is that proportion of the tax paid that is equal to that proportion of the complete months days remaining on the license plate and registration certificate in that tax year to the total days in the tax year that is being canceled to its whole license and registration period. The auditor shall, within five days thereafter, deliver the license plate, registration certificate, and the written request for cancellation to the Department of Highways and Public Transportation. Upon receipt thereof, the department shall cancel the license plate and registration certificate and may not reissue the same."/

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Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. BOAN and WHITE proposed the following Amendment No. 532 (Doc Name L:\council\legis\amend\JIC\5654HC.93), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 23, page 666, right column, by inserting before /adopted/ on line 2 /, including the maintenance and construction of roads and bridges,/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Reps. CROMER and McLEOD proposed the following Amendment No. 80 (Doc Name L:\council\legis\amend\N05\8998BD.93), which was ruled out of order.

Amend the bill, as and if amended, Part II by adding an appropriately numbered SECTION to read:

/SECTION __.

TO AMEND THE 1976 CODE BY ADDING SECTION 61-1-115 SO AS TO PROVIDE FOR TRANSFER OF A BIENNIAL LICENSE OR PERMIT TO SELL ALCOHOLIC LIQUORS OR BEER OR WINE IF THE LOCATION OF THE BUSINESS IS CHANGED.

The 1976 Code is amended by adding:

"Section 61-1-115.     If a biennial licensee or permittee under this title changes the location of the licensed or permitted business, the license or permit transfers to the new location if the location meets the requirements for the license or permit."

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Rep. CROMER explained the amendment.

POINT OF ORDER

Rep. FAIR raised the Point of Order that Amendment No. 80 was out of order as it was not germane in that the thrust of it was to change the structure of the ABC Commission.

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

Rep. CROMER proposed the following Amendment No. 81 (Doc Name L:\council\legis\amend\N05\8999BD.93), which was tabled.

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION __.

TO AMEND THE 1976 CODE BY ADDING SECTION 61-1-115 SO AS TO PROVIDE FOR TRANSFER OF A BIENNIAL LICENSE OR PERMIT TO SELL ALCOHOLIC LIQUORS OR BEER OR WINE IF THE LOCATION OF THE BUSINESS IS CHANGED AND PROVIDE FOR A REFUND OF A PORTION OF THE LICENSE OR PERMIT FEE WHEN A LICENSEE OR PERMITTEE CLOSES THE BUSINESS OR DIES.

The 1976 Code is amended by adding:

"Section 61-1-115.     (A)     If a biennial licensee or permittee under this title changes the location of the licensed or permitted business, the license or permit transfers to the new location if the location meets the requirements for the license or permit.

(B)     If the licensee or permittee closes the business or dies, the licensee or permittee or his estate must be refunded the amount of the license or permit fee attributable to the balance of the time for which the license or permit was issued."

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

Rep. HUTSON proposed the following Amendment No. 90 (Doc Name L:\council\legis\amend\DKA\4419AL.93), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

/SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-213 SO AS TO IMPOSE AN ADDITIONAL FIVE DOLLAR FEE IN COURT COSTS TO BE USED EXCLUSIVELY FOR THE DEFENSE OF INDIGENTS IN CAPITAL CASES; TO AMEND SECTION 16-3-26, RELATING TO DEFENSE OF INDIGENTS IN CAPITAL CASES, SO AS TO REDUCE THE NUMBER OF COURT APPOINTED ATTORNEYS, TO ESTABLISH A THRESHOLD FOR VALIDATION OF FEES AND COSTS, TO REQUIRE A HEARING ON FEES, COSTS, AND OTHER EXPENSES, AND TO REQUIRE THE SUPREME COURT TO PROMULGATE A LIST OF STANDARD FEES AND EXPENSES ALLOWED; AND TO REPEAL SECTION 17-23-70 RELATING TO APPOINTMENT OF COUNSEL IN CAPITAL CASES.

A.     The 1976 Code is amended by adding:

"Section 14-1-213.     In addition to all other fees, fines, and court costs, there is imposed a fee of five dollars on every person who is convicted of, pleads guilty to, or pleads nolo contendere to an offense in (1) general sessions court, or (2) magistrate's courts or municipal courts of this State, except for a nonmoving traffic offense. This fee must not be waived, reduced, or suspended. The clerk of court, magistrate, or municipal judge shall collect the fee imposed by this section and remit the proceeds to the State Treasurer on a monthly basis for deposit to the credit of the general fund of the State to be used exclusively for the defense of indigents in capital punishment cases."

B.     Section 16-3-26 of the 1976 Code is amended to read:

"Section 16-3-26.     (A)     Whenever the solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to before the trial of the case. At the request of the defense attorney, the defense attorney shall must be excused from all other trial duties ten days prior to before the term of court in which the trial is to be held.

(B)     Whenever any a person is charged with murder and the death penalty is sought, the court, upon determining that such the person is unable financially to retain adequate legal counsel, shall appoint two attorneys one attorney to defend such the person in the at a trial of the action. One of the attorneys so The attorney appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so. The attorney appointed shall may be the Public Defender or a member of his staff.

Notwithstanding any other provision of law, the court shall order payment of fees and costs, not to exceed five thousand dollars per trial from funds appropriated for the defense of indigents. Fees and costs, including attorney fees, amounting to ten thousand dollars or less need not be approved by the court before completion of trial. Fees and costs in excess of ten thousand dollars anticipated by the defense must be submitted to the court for review and validation, as provided in this section, before trial is completed. Fees and costs in excess of the standard fees and costs must not be paid until after the hearing provided in this section.

(C)     Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys attorney to obtain such these services on behalf of the defendant and shall order the payment, of fees and expenses from state funds appropriated for the defense of indigents, of fees and expenses not to exceed twenty-five hundred dollars as the court shall deem considers appropriate. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc.

(D)     After completion of the trial, the court shall conduct a hearing to review and validate the fees, costs, and other expenditures on behalf of the defendant. In this hearing, the court shall review the list of standard fees and expenses and shall award payment based upon guidelines prepared and adopted by Court Administration for the defense of indigents. Payment as awarded by the court must be from funds generated for the defense of indigents.

(E)     The Supreme Court, through Court Administration, shall promulgate a list of standard fees and expenses for use in the defense of indigents. The list must be reviewed biennially and adjusted as necessary by Court Administration. In addition, the ten thousand dollars spending threshold provided in this section also must be reviewed every five years and adjusted as necessary by Court Administration. The list of standard fees and expenses must be promulgated within sixty days of the effective date of this section."

C.     Section 17-23-70 of the 1976 Code is repealed.

D.     This act takes effect July 1, 1993./

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

Rep. WILKINS proposed the following Amendment No. 143 (Doc Name L:\council\legis\amend\436\11132SD.93), which was tabled.

Amend the bill, as and if amended, PART II, by adding a new section to be appropriately numbered which shall read:

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 2-17-16 SO AS TO PROVIDE THAT NO AGENCY, DEPARTMENT, BOARD, COMMISSION, OR OTHER ENTITY OF STATE GOVERNMENT SHALL USE CERTAIN FUNDS TO COMPENSATE A LOBBYIST TO PERFORM LOBBYING SERVICES ON BEHALF OF THE AGENCY, DEPARTMENT, BOARD, COMMISSION, OR ENTITY IF THE LOBBYIST IS NOT A FULL-TIME STATE EMPLOYEE.

The 1976 Code is amended by adding:

"Section 2-17-16.     no agency, department, board, commission, or other entity of state government shall use any general funds or department-generated funds appropriated or authorized in the annual general appropriations act to compensate a lobbyist, as defined in section 2-17-10, to perform lobbying services on behalf of the agency, department, board, commission, or entity if the lobbyist is not a full-time state employee."/

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

Reps. QUINN, HASKINS, RICHARDSON, KIRSH and VAUGHN proposed the following Amendment No. 171 (Doc Name L:\council\legis\amend\BBM\10374AL.93), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:

/Section

TO AMEND THE 1976 CODE BY ADDING SECTION 8-15-20 SO AS TO PROVIDE THAT A STATE EMPLOYEE WHOSE ANNUAL COMPENSATION IS IN EXCESS OF NINETY THOUSAND DOLLARS MAY NOT RECEIVE SUPPLEMENTAL EMPLOYMENT OR INCOME FROM SOURCES OUTSIDE THE STATE AGENCY PRIMARILY EMPLOYING HIM WHEN THE SUPPLEMENTAL INCOME IS DERIVED FROM THE STATE, TO PROVIDE FOR THE CAP TO BE RAISED FOR INFLATION, AND TO PROVIDE EXCEPTIONS.

A.     The 1976 Code is amended by adding:

"Section 8-15-20.     (A)     As of July 1, 1993, an officer or employee of the State or any of its political subdivisions, departments, or agencies whose annual compensation, as determined by the General Assembly, is in excess of ninety thousand dollars plus increases attributable to annual cost of living adjustment granted to all state employees, may not accept supplemental employment or income from an employer outside the entity primarily employing him when the supplemental employment or income is derived from funds appropriated by the General Assembly.

(B)     This section does not apply to:

(1)     employees whose primary employer is a state-supported institution of higher education where the supplemental employment or income is through grants, foundations, or other sources for research, educational, artistic, or similar purposes. However, funds from a state-supported institution of higher education may not be used to supplement salaries of employees whose primary employment is outside the institution's system;

(2)     employees whose supplemental income is derived from service in the South Carolina State Guard;

(3)     members of the judiciary; and

(4)     employees appointed by the Governor and who serve at his pleasure."

B.     This Section takes effect upon approval by the Governor./

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

Rep. GONZALES proposed the following Amendment No. 373 (Doc Name L:\council\legis\amend\JIC\5609HC.93), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

/SECTION ___

TO AMEND SECTION 12-37-450 OF THE 1976 CODE, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUES LOST FROM THE BUSINESS INVENTORY TAX EXEMPTION, SO AS TO REQUIRE THE ALLOCATION OF THE REIMBURSEMENTS TO TAKE INTO ACCOUNT A MUNICIPALITY'S ANNEXATION OF A PORTION OF A SPECIAL PURPOSE DISTRICT AND ASSUMPTION IN THE ANNEXED AREA OF THE DISTRICT'S SERVICE FUNCTIONS.

A.     Section 12-37-450 of the 1976 Code is amended by adding:

"(E)     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 under this section 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 tax year 1987 with respect to the annexed portion of the special purpose district must be taken into consideration in determining the proportionate share of the total allocation due to the county and the municipality."

B.     This section takes effect July 1, 1993./

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Rep. GONZALES explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 373 was out of order as it was not germane in that it related to municipalities.

The SPEAKER stated that it was germane under aid to subdivisions and that it was a rule or regulation to those funds and he overruled the Point of Order.

The amendment was then adopted.

Rep. McLEOD proposed the following Amendment No. 392 (Doc Name L:\council\legis\amend\JIC\5653HC.93), which was tabled.

Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered section to read:

/SECTION ___

TO PROVIDE THAT ALL STATE AGENCY IMPOSED ENFORCEMENT FINES AND PENALTIES MUST BE CREDITED TO THE GENERAL FUND OF THE STATE AND USED ONLY FOR THE GENERAL OPERATIONS OF STATE GOVERNMENT AND TO EXEMPT STATE INSTITUTIONS OF HIGHER LEARNING FROM THIS REQUIREMENT.

A.     Notwithstanding any other provision of law and not including state institutions of higher education, a state agency may not retain any fine or penalty arising out of an enforcement action taken by the agency. All such fines and penalties must be credited to the general fund of the State and used for the general operation of state government.

B.     This section takes effect July 1, 1993./

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Rep. McLEOD explained the amendment.

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

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

The amendment was then tabled by a division vote of 66 to 24.

Reps. CARNELL and CROMER proposed the following Amendment No. 431 (Doc Name L:\council\legis\amend\N05\7019BD.93), which was tabled.

Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:

/SECTION __.

TO DIRECT THE SOUTH CAROLINA CODE COMMISSIONER TO CHANGE REFERENCES IN TITLES 61 AND 12 OF THE 1976 CODE FROM BIENNIAL LICENSES AND PERMITS ISSUED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO ANNUAL LICENSES AND PERMITS ISSUED BY THE COMMISSION AND PROVIDE FOR ADJUSTMENT OF FEES.

A.     The South Carolina Code Commissioner shall change references in Titles 61 and 12 of the 1976 Code from biennial licenses and permits issued by the South Carolina Alcoholic Beverage Control Commission to annual licenses and permits issued by the commission. License and permit fees must be adjusted accordingly by the commission.

B.     This section takes effect April 1, 1994./

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

Reps. CARNELL, P. HARRIS, SCOTT and TUCKER proposed the following Amendment No. 442 (Doc Name L:\council\legis\amend\JIC\5629HC.93), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:

/SECTION ___

TO AMEND SECTION 12-21-620 OF THE 1976 CODE, RELATING TO THE TOBACCO TAX, SO AS TO IMPOSE A TAX EQUIVALENT TO FIFTY PERCENT OF THE FEDERAL CIGARETTE TAX AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUE.

A.     Section 12-21-620(5) of the 1976 Code is amended to read:

"(5)     Upon all cigarettes made of tobacco or any substitute therefor, three and one-half mills on each cigarette a tax equivalent to fifty percent of the federal tax imposed on each cigarette;"

B.     The additional revenues derived from the cigarette tax imposed pursuant to Section 12-21-620(5) of the 1976 Code above the revenues that would be raised from the tax rate in effect on June 30, 1993, first must be appropriated to provide annually recurring revenues for the Medicaid Pharmaceutical Program. Any remaining revenues must be appropriated for the other components of the Medicaid Program, other health programs, and other social service programs.

C.     This section takes effect July 1, 1993./

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Rep. CARNELL explained the amendment.

Rep. RHOAD spoke against the amendment.

Rep. MARTIN moved to table the amendment, which was agreed to by a division vote of 65 to 35.

Reps. KEYSERLING and BARBER proposed the following Amendment No. 473 (Doc Name L:\council\legis\amend\JIC\5642HC.93), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

/SECTION ___

TO EXEMPT FOOD FROM SALES TAX, TO IMPOSE A THREE PERCENT SALES AND USE TAX ON MANUFACTURING AND UTILITIES FUEL, TO IMPOSE A TWO PERCENT SALES AND USE TAX ON MACHINERY USED IN MANUFACTURING AND PROCESSING, TO EXEMPT FROM SALES TAX ONLY THE FIRST ONE THOUSAND KILOWATT HOURS OF ELECTICITY USED MONTHLY FOR RESIDENTIAL PURPOSES, TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTION ALLOWED EQUIPMENT AND ELECTRICITY SOLD TO BROADCASTERS, AND TO IMPOSE A SALES AND USE TAX OF ONE AND ONE-QUARTER PERCENT ON VARIOUS OTHER PREVIOUSLY EXEMPT ITEMS.

A.     Notwithstanding any other provision of law and effective July 1, 1993, the tax imposed pursuant to Chapter 36 of Title 12 of the 1976 Code does not apply to food which lawfully may be purchased with United States Department of Agriculture food stamps.

B.     Notwithstanding any other provisions of law and effective July 1, 1993, a sales and use tax equal to three percent is imposed on items previously exempt pursuant to Section 12-36-2120(9) of the 1976 Code.

C.     Notwithstanding any other provisions of law and effective July 1, 1993, a sales and use tax equal to two percent is imposed on items previously exempt pursuant to Section 12-36-2120(17) of the 1976 Code.

D.     Notwithstanding any of the provisions of law and effective July 1, 1993, the sales and use tax exemption for residential electricity pursuant to Section 12-36-2120(33) of the 1976 Code applies only with respect to the first one thousand kilowatt hours in any one monthly billing cycle.

E.     Section 12-36-2120 of the 1976 Code is amended by deleting item (26) which reads:

"(26)     all supplies, technical equipment, machinery, and electricity sold to radio and television stations, and cable television systems, for use in producing, broadcasting, or distributing programs. For the purpose of this exemption, radio stations, television stations, and cable television systems are deemed to be manufacturers;"

F.     Notwithstanding any other provision of law and effective July 1, 1993, a sales and use tax equal to one and one-quarter percent is imposed on all items previously exempt from sales and use tax pursuant to Section 12-36-2120 of the 1976 Code except items (28) and (38) thereof unless some different sales tax treatment is provided for these items by this section. This tax does not apply to transactions exempt from state taxes by the Constitution of the United States.

G.     This section takes effect July 1, 1993./

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

Reps. ASKINS, G. BROWN, McLEOD, BAXLEY, STILLE, WILKES, LANFORD, NEILSON, FARR, RHOAD and STONE proposed the following Amendment No. 476 (Doc Name L:\council\legis\amend\DKA\4441SD.93), which was adopted.

Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION ___

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-2729 SO AS TO PROVIDE FOR AN ADDITIONAL FIFTY DOLLAR SURCHARGE ON THE LICENSES FOR COIN-OPERATED DEVICES OR MACHINES LICENSED OR SUBJECT TO LICENSURE UNDER SECTION 12-21-2720(A)(3) AND TO PROVIDE THAT THE LICENSE SURCHARGES MUST BE USED TO PROVIDE STATE MATCHING FUNDS FOR THE SWING BED PROGRAM, INCLUDING THE MATCHING FUNDS REQUIRED FOR FISCAL YEAR 1993-94.

The 1976 Code is amended by adding:

"Section 12-21-2729.     In addition to all other license fees for coin-operated machines or devices licensed or subject to licensure under Section 12-21-2720(A)(3), a license surcharge is imposed on each machine or device licensed equal to fifty dollars per machine or device. The license surcharges must be used to provide state matching funds for the swing bed program, including the matching funds required for fiscal year 1993-94."/

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Rep. ASKINS explained the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 38; Nays 64

Those who voted in the affirmative are:

Alexander, T.C.        Boan                   Brown, H.
Brown, J.              Carnell                Cato
Cooper                 Corning                Delleney
Fair                   Felder                 Fulmer
Gamble                 Gonzales               Hallman
Harris, J.             Harris, P.             Haskins
Hodges                 Holt                   Jennings
Keegan                 Kelley                 Keyserling
Kirsh                  Marchbanks             McTeer
Moody-Lawrence         Scott                  Sheheen
Shissias               Simrill                Snow
Vaughn                 Waites                 Wells
Witherspoon            Young, A.

Total--38

Those who voted in the negative are:

Alexander, M.O.        Allison                Anderson
Askins                 Bailey, J.             Barber
Baxley                 Beatty                 Breeland
Brown, G.              Canty                  Chamblee
Cobb-Hunter            Cromer                 Davenport
Elliott                Farr                   Govan
Graham                 Harrell                Harrelson
Hines                  Houck                  Huff
Hutson                 Inabinett              Jaskwhich
Kinon                  Klauber                Lanford
Littlejohn             Martin                 McAbee
McCraw                 McKay                  McLeod
McMahand               Neilson                Phillips
Richardson             Riser                  Rogers
Rudnick                Sharpe                 Smith, R.
Spearman               Stoddard               Stone
Stuart                 Sturkie                Thomas
Townsend               Trotter                Tucker
Waldrop                Walker                 White
Wilder, D.             Wilder, J.             Wilkes
Williams               Wofford                Worley
Wright

Total--64

So, the House refused to table the amendment.

Rep. BOAN spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 59; Nays 49

Those who voted in the affirmative are:

Allison                Anderson               Askins
Bailey, J.             Barber                 Baxley
Beatty                 Breeland               Brown, G.
Brown, J.              Canty                  Chamblee
Cobb-Hunter            Corning                Cromer
Davenport              Elliott                Farr
Govan                  Graham                 Harrell
Harrelson              Hines                  Houck
Huff                   Inabinett              Jennings
Klauber                Lanford                Law
Littlejohn             Martin                 Mattos
McAbee                 McCraw                 McKay
McLeod                 McMahand               Neilson
Phillips               Rhoad                  Robinson
Rogers                 Shissias               Spearman
Stoddard               Stone                  Sturkie
Townsend               Waldrop                Walker
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Williams
Wright                 Young, R.

Total--59

Those who voted in the negative are:

Alexander, T.C.        Baker                  Boan
Brown, H.              Carnell                Cato
Clyborne               Cooper                 Delleney
Fair                   Felder                 Fulmer
Gamble                 Gonzales               Hallman
Harris, J.             Harris, P.             Harrison
Haskins                Hodges                 Holt
Hutson                 Jaskwhich              Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Marchbanks             McTeer
Meacham                Moody-Lawrence         Richardson
Riser                  Rudnick                Scott
Sharpe                 Sheheen                Simrill
Smith, R.              Snow                   Trotter
Tucker                 Vaughn                 Waites
Wells                  Witherspoon            Wofford
Young, A.

Total--49

So, the amendment was adopted.

Reps. McELVEEN, BAXLEY, HALLMAN, COBB-HUNTER, McLEOD, CANTY, KEYSERLING, ROGERS, G. BROWN, DELLENEY and McTEER proposed the following Amendment No. 484 (Doc Name L:\council\legis\amend\436\11144AC.93), which was tabled.

Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:

/SECTION

TO AMEND SECTION 44-56-20 OF THE 1976 CODE, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT HAZARDOUS WASTE INCLUDES ALL WASTE DISPOSED OF IN A LAND DISPOSAL SITE PERMITTED TO RECEIVE HAZARDOUS WASTE.

Section 44-56-20(6) of the 1976 Code is amended by adding at the end:

"All waste disposed of in a land disposal site permitted to receive hazardous waste for disposal is considered hazardous waste."/

Renumber sections & amend totals/title to conform.

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

Reps. McELVEEN, McLEOD, COBB-HUNTER and ROGERS proposed the following Amendment No. 487 (Doc Name L:\council\legis\amend\436\11145AC.93), which was tabled.

Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:

/SECTION

TO ENACT THE "RESPONSIBLE PARENTING ACT OF 1993" BY ADDING SECTION 43-5-67 OF THE 1976 CODE SO AS TO REQUIRE BIRTH CONTROL COUNSELING FOR RECIPIENTS OF AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC); TO PROVIDE THE OPTION FOR A WOMAN ON AFDC TO RECEIVE NORPLANT OR A SIMILAR DEVICE AT STATE EXPENSE; TO PROHIBIT AN INCREASE IN AFDC PAYMENTS TO A FAMILY IN WHICH THE BIRTH CONTROL DEVICE WAS NOT CHOSEN AND IN WHICH A CHILD SUBSEQUENTLY WAS BORN; TO PROVIDE THAT A FAMILY THAT DISCONTINUES RECEIVING AFDC MAY NOT INCLUDE ADDITIONAL CHILDREN IN ITS FAMILY SIZE WHEN REAPPLYING FOR BENEFITS UNLESS THE FAMILY DID NOT RECEIVE BENEFITS FOR TWENTY-FOUR MONTHS; TO PROVIDE THAT A CHILD NOT INCLUDED IN THE FAMILY SIZE PURSUANT TO THIS SECTION MAY RECEIVE MEDICAID IF OTHERWISE ENTITLED; TO PROVIDE THAT A FAMILY MAY NOT BE PENALIZED IF THE WOMAN CHOSE TO HAVE NORPLANT OR A SIMILAR DEVICE AND A PREGNANCY RESULTED; TO PROVIDE IMMUNITY TO THE STATE; TO PROVIDE THAT THE STATE DEPARTMENT OF SOCIAL SERVICES MAY PROMULGATE REGULATIONS; TO PROVIDE REQUIREMENTS FOR FAMILIES CURRENTLY ON AFDC; TO DIRECT THE STATE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR A WAIVER IF NECESSARY TO IMPLEMENT THIS SECTION WITHOUT A FINANCIAL PENALTY AND TO PROVIDE THAT THIS SECTION DOES NOT TAKE EFFECT IF THE WAIVER IS DENIED UNLESS APPROVED BY THE GENERAL ASSEMBLY IN THE NEXT APPROPRIATIONS ACT.

Whereas, the welfare system was developed in our country to assist families unable to provide for their basic needs and to provide a foundation for families to better themselves; and

Whereas, this system has often failed to be the springboard to self-sufficiency and independence it was thought to be; and

Whereas, too many families and even generations of families have grown increasingly dependent on the welfare system and unable to break the welfare cycle; and

Whereas, welfare policy should promote pride, responsibility, and independence and should assist families in breaking the welfare cycle rather than rewarding continuation in the system; and

Whereas, a growth in family size and the commensurate increase in benefits make it more difficult for families to escape the grips of welfare; and

Whereas, nonwelfare families receive no increase in their incomes for increasing family size; and

Whereas, removing incentives that may exist for increasing family size while on welfare and thereby aiding families in leaving welfare is a policy that is both practical and compassionate.

A.     This section may be cited as the "Responsible Parenting Act of 1993".

B.     The 1976 Code is amended by adding:

"Section 43-5-67.     (A)     Before a family qualified to receive Aid to Families with Dependent Children (AFDC) may receive benefits the mother and the father if living in the home, must be counseled on the responsibilities of parenthood and on birth control options, including abstinence. At the conclusion of the counseling the mother must be given the opportunity to choose whether or not to receive Norplant or a similar reversible birth control device that prevents pregnancy for a period of time comparable to Norplant, the expense of which must be borne by the State. The mother and the father if he participated in the counseling, must sign a statement that counseling was received and whether or not Norplant or a similar device was chosen. Other family planning options must be discussed with and made available at state expense to a woman who, due to a medical reason certified by a licensed physician, is unable to have Norplant or a similar device.

(B)     If a child is born into a family in which the mother chose not to have Norplant or a similar device implanted, as provided for in subsection (A), this family may not include this child in the family size for the purpose of determining the amount of AFDC the family is to receive and therefore may not receive the increase in AFDC payments that the family would otherwise be entitled to.

(C)     A family that discontinues receiving AFDC benefits for any reason and who subsequently reapplies for benefits may not include any more children in the family size for the purpose of determining the amount of AFDC the family is to receive than were included in the family size at the time the family discontinued receiving benefits, unless the family did not receive AFDC for twenty-four months or more.

(D)     A child not included in the family size for the purpose of determining the amount of AFDC benefits a family may receive pursuant to this section may receive Medicaid if the child is otherwise entitled.

(E)     No family may be penalized under this section if the mother received Norplant or a similar device and the Norplant or similar device failed to prevent a pregnancy.

(F)     The State is immune from any liability that may arise as a result of a woman choosing Norplant or a similar birth control device pursuant to this section.

(G)     The Department of Social Services shall carry out the provisions of this section including developing the necessary forms to be used and may promulgate regulations if necessary."

C.     A woman receiving or who has been determined eligible to receive Aid to Families with Dependent Children benefits as of this section's effective date shall receive counseling and satisfy the other requirements of Section 43-5-67(A), as added by subsection C of this section, within six months of this section's effective date in order to continue to receive Aid to Families with Dependent Children benefits. However, a woman receiving or who has been determined eligible to receive Aid to Families with Dependent Children benefits as of this section's effective date who is pregnant as of this section's effective date or at the time she is to receive counseling and satisfy the other requirements of Section 43-5-67(A) must receive counseling and satisfy these requirements within one week after giving birth to this child in order to continue receiving Aid to Families with Dependent Children benefits.

D.     If it is necessary to obtain a waiver from the federal government to implement this section without the risk of a substantial monetary sanction, the Department of Social Services shall immediately proceed to prepare and apply for the waiver. However, if the waiver is denied, this section does not become effective unless the General Assembly in its next appropriations act after the denial approves the implementation of this section./

Renumber sections & amend totals/title to conform.

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

Rep. WOFFORD proposed the following Amendment No. 496 (Doc Name L:\council\legis\amend\N05\7059SD.93), which was adopted.

Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-45 SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO WITHHOLD AN ADDITIONAL ONE-HALF PERCENT OF THE GROSS WAGES OF PRISONERS AUTHORIZED TO WORK AT PAID EMPLOYMENT IN THE COMMUNITY AND TO REQUIRE THAT THE DEPARTMENT SHALL REMIT THESE ADDITIONAL WITHHELD WAGES IN EQUAL AMOUNTS TO THE SOUTH CAROLINA VICTIM'S ASSISTANCE NETWORK AND THE CHILD PHYSICAL ABUSE KIT PROGRAM.

A.     Article 1, Chapter 3, Title 24 of the 1976 Code is amended by adding:

"Section 24-3-45.     In addition to amounts withheld from prisoner's wages pursuant to Section 24-3-40, the department shall withhold an additional one-half percent of gross wages and remit these withheld wages in equal amounts to the South Carolina Victim's Assistance Network and the Child Physical Abuse Kit Program."

B.     This section takes effect July 1, 1993./

Renumber sections & amend totals/title to conform.

Rep. WOFFORD explained the amendment.

Rep. HODGES moved to table the amendment.

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

Yeas 28; Nays 69

Those who voted in the affirmative are:

Boan                   Breeland               Cobb-Hunter
Felder                 Harrelson              Harris, J.
Harwell                Hodges                 Holt
Houck                  Keyserling             Kinon
Kirsh                  Marchbanks             McCraw
Moody-Lawrence         Robinson               Rudnick
Scott                  Sheheen                Smith, D.
Snow                   Spearman               Tucker
Waites                 Waldrop                Whipper
White

Total--28

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Askins                 Bailey, J.
Baker                  Barber                 Baxley
Brown, G.              Brown, J.              Cato
Chamblee               Cooper                 Corning
Davenport              Delleney               Elliott
Fair                   Farr                   Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harrison
Harvin                 Haskins                Hines
Huff                   Hutson                 Inabinett
Jaskwhich              Keegan                 Kelley
Klauber                Lanford                Law
Littlejohn             Martin                 McKay
McTeer                 Meacham                Neilson
Phillips               Richardson             Rogers
Sharpe                 Shissias               Simrill
Smith, R.              Stille                 Stoddard
Stone                  Stuart                 Sturkie
Thomas                 Vaughn                 Walker
Wells                  Wilder, D.             Wilder, J.
Wilkes                 Wilkins                Witherspoon
Wofford                Young, A.              Young, R.

Total--69

So, the House refused to table the amendment.

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

Rep. M.O. ALEXANDER proposed the following Amendment No. 526 (Doc Name L:\council\legis\amend\JIC\5646HC.93), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:

/SECTION ___

TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSES CHARGED FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO AUTHORIZE MUNICIPALITIES TO IMPOSE A MUNICIPAL LICENSE FEE NOT EXCEEDING TWENTY PERCENT OF THE STATE LICENSE FEE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THIS FEE WHICH MUST BE REMITTED MONTHLY TO THE MUNICIPALITIES IMPOSING THE LICENSE FEE.

A.     Section 12-21-2720(B) of the 1976 Code, as amended by Act 501 of 1992, is further amended to read:

"(B)     Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by not more than twenty percent. No municipality may limit the number of machines within the boundaries of the municipality. A municipality may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section in an amount not exceeding twenty percent of the license fee imposed pursuant to subsection (A)(3) for the equivalent license period.

The municipality shall forward to the Department of Revenue a certified copy of the ordinance and the department shall collect the additional license fee on licenses issued after its receipt of the ordinance. The municipal fee revenue must be credited to a separate fund in the State Treasury and remitted monthly to the municipality imposing the license fee."

B.     This section takes effect July 1, 1993./

Renumber sections & amend totals/title to conform.

Rep. M.O. ALEXANDER moved to table the amendment, which was agreed to.

Rep. M.O. ALEXANDER proposed the following Amendment No. 529 (Doc Name L:\council\legis\amend\JIC\5652HC.93), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:

/SECTION ___

TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSES CHARGED FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO AUTHORIZE MUNICIPALITIES TO IMPOSE A MUNICIPAL LICENSE FEE NOT EXCEEDING TEN PERCENT OF THE STATE LICENSE FEE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THIS FEE WHICH MUST BE REMITTED MONTHLY TO THE MUNICIPALITIES IMPOSING THE LICENSE FEE.

A.     Section 12-21-2720(B) of the 1976 Code, as amended by Act 501 of 1992, is further amended to read:

"(B)     Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by not more than twenty percent. No municipality may limit the number of machines within the boundaries of the municipality. A municipality may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section in an amount not exceeding ten percent of the license fee imposed pursuant to subsection (A)(3) for the equivalent license period.

The municipality shall forward to the Department of Revenue a certified copy of the ordinance and the department shall collect the additional license fee on licenses issued after its receipt of the ordinance. The municipal fee revenue must be credited to a separate fund in the State Treasury and remitted monthly to the municipality imposing the license fee."

B.     This section takes effect July 1, 1993./

Renumber sections & amend totals/title to conform.

Rep. M.O. ALEXANDER moved to table the amendment, which was agreed to.

Rep. M.O. ALEXANDER proposed the following Amendment No. 530 (Doc Name L:\council\legis\amend\JIC\5654HC.93), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered Section to read:

/SECTION ___

TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSES CHARGED FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO AUTHORIZE MUNICIPALITIES TO IMPOSE A MUNICIPAL LICENSE FEE NOT EXCEEDING TEN PERCENT OF THE STATE LICENSE FEE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL COLLECT THIS FEE WHICH MUST BE REMITTED MONTHLY TO THE MUNICIPALITIES IMPOSING THE LICENSE FEE.

A.     Section 12-21-2720(B) of the 1976 Code, as amended by Act 501 of 1992, is further amended to read:

"(B)     Municipalities may increase the amount charged as license for the operation of the machines over the maximum amounts allowed before March 28, 1956, by not more than twenty percent. No municipality may limit the number of machines within the boundaries of the municipality. A municipality may by ordinance impose a license fee on machines licensed pursuant to subsection (A)(3) of this section in an amount not exceeding ten percent of the license fee imposed pursuant to subsection (A)(3) for the equivalent license period.

The municipality shall forward to the Department of Revenue a certified copy of the ordinance and the department shall collect the additional license fee on licenses issued after its receipt of the ordinance. The municipal fee revenue must be credited to a separate fund in the State Treasury and remitted monthly to the municipality imposing the license fee."

B.     This section takes effect July 1, 1993./

Renumber sections & amend totals/title to conform.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

Rep. KEYSERLING proposed the following Amendment No. 565 (Doc Name L:\council\legis\amend\N05\7060BD.93), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

/SECTION ___

TO EXEMPT FOOD FROM SALES TAX, TO IMPOSE A FOUR AND ONE-FOURTH PERCENT SALES AND USE TAX ON MANUFACTURING AND UTILITIES FUEL, AND TO IMPOSE A FOUR AND ONE-FOURTH PERCENT SALES AND USE TAX ON MACHINERY USED IN MANUFACTURING AND PROCESSING.

A.     Notwithstanding any other provision of law and effective July 1, 1993, the tax imposed pursuant to Chapter 36 of Title 12 of the 1976 Code does not apply to food which lawfully may be purchased with United States Department of Agriculture food stamps.

B.     Notwithstanding any other provision of law and effective July 1, 1993, a sales and use tax equal to four and one-fourth percent is imposed on items previously exempt pursuant to Section 12-36-2120(9) of the 1976 Code.

C.     Notwithstanding any other provision of law and effective July 1, 1993, a sales and use tax equal to four and one-fourth percent is imposed on items previously exempt pursuant to Section 12-36-2120(17) of the 1976 Code.

D.     This section takes effect July 1, 1993./

Renumber sections & amend totals/title to conform.

Rep. KEYSERLING explained the amendment and moved to table the amendment, which was agreed to.

SECTION 26--ADOPTED

Debate was resumed on Section 26.

Section 26 was adopted.

Amendment No. 476--Reconsidered and Tabled

Rep. ROBINSON moved to reconsider the vote whereby Amendment No. 476 was adopted, which was agreed to by a division vote of 53 to 47.

Rep. BOAN moved to table the amendment.

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

Yeas 60; Nays 47

Those who voted in the affirmative are:

Alexander, T.C.        Anderson               Baker
Barber                 Boan                   Byrd
Carnell                Cato                   Clyborne
Delleney               Fair                   Felder
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Haskins                Hodges                 Hutson
Jaskwhich              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Law                    Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McKay                  McTeer
Meacham                Moody-Lawrence         Quinn
Robinson               Rudnick                Scott
Sheheen                Simrill                Smith, R.
Snow                   Stuart                 Trotter
Tucker                 Vaughn                 Waites
Wells                  Wilder, D.             Witherspoon
Wofford                Worley                 Young, A.

Total--60

Those who voted in the negative are:

Alexander, M.O.        Allison                Bailey, J.
Baxley                 Beatty                 Breeland
Brown, G.              Canty                  Chamblee
Corning                Cromer                 Davenport
Elliott                Farr                   Govan
Harrelson              Hines                  Houck
Huff                   Inabinett              Kennedy
Klauber                Littlejohn             McMahand
Neilson                Phillips               Rhoad
Richardson             Riser                  Rogers
Sharpe                 Shissias               Spearman
Stille                 Stoddard               Stone
Sturkie                Thomas                 Townsend
Waldrop                Walker                 Whipper
White                  Wilkes                 Williams
Wright                 Young, R.

Total--47

So, the amendment was tabled.

PART I
SECTION 10B--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 10B was adopted was taken up and agreed to.

Rep. WOFFORD proposed the following Amendment No. 563 (Doc Name L:\h-wm\legis\amend\RDM.KIT), which was adopted.

Amend the bill, as and if amended, Part I, Section 10B, State Office of Victim Assistance, Page 071, Line 13, opposite /Victims' Rights/ by increasing the line in column(s) /(2) 22,000/

Amend further, Page 71, Line 16, opposite /SC Van/ by increasing the line in column(s) /(2) 21,000/

Renumber sections & amend totals/title to conform.

Section 10B as amended was adopted.

SECTION 18A--MOTION TO RECONSIDER TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 18A was adopted was taken up.

Rep. BOAN moved to table the motion to reconsider.

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

Yeas 54; Nays 51

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Askins
Baker                  Baxley                 Boan
Carnell                Cato                   Delleney
Fair                   Farr                   Felder
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Haskins
Hodges                 Houck                  Huff
Hutson                 Inabinett              Jaskwhich
Jennings               Kirsh                  Marchbanks
Mattos                 McAbee                 McCraw
McKay                  McLeod                 McTeer
Meacham                Moody-Lawrence         Robinson
Scott                  Sharpe                 Sheheen
Simrill                Smith, R.              Stone
Stuart                 Trotter                Tucker
Vaughn                 Waites                 Waldrop
Wells                  Wofford                Young, A.

Total--54

Those who voted in the negative are:

Allison                Anderson               Bailey, J.
Barber                 Beatty                 Brown, G.
Canty                  Chamblee               Cobb-Hunter
Cooper                 Corning                Davenport
Harrelson              Harrison               Harwell
Hines                  Keegan                 Kelley
Kennedy                Keyserling             Lanford
Law                    Littlejohn             Martin
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Rogers                 Rudnick                Shissias
Smith, D.              Snow                   Spearman
Stille                 Stoddard               Sturkie
Thomas                 Townsend               Walker
Whipper                White                  Wilder, D.
Wilder, J.             Wilkes                 Williams
Witherspoon            Wright                 Young, R.

Total--51

So, the motion to reconsider was tabled.

SECTION 23--MOTION TO RECONSIDER TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 23 was adopted was taken up.

Rep. BOAN moved to table the motion to reconsider, which was agreed to by a division vote of 53 to 23.

SECTION 24A--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 24A was adopted was taken up and agreed to.

Rep. McABEE proposed the following Amendment No. 571 (Doc Name L:\h-wm\legis\amend\DLC.069), which was adopted.

Amend the bill, as and if amended, Part I, Section 24A, DHEC/Health, Page 0379, Line 17, opposite /Aid Cnty-Restricted/ by increasing the amount in column(s) /(1) 1,125,000 (2) 1,125,000/

Amend further, Page 0379, Line 18, opposite /Aid EMS-Regional Councils/ by increasing the amount in column(s) /(1) 1,375,000 (2) 1,375,000/

Renumber sections & amend totals/title to conform.

Rep. McABEE proposed the following Amendment No. 573 (Doc Name L:\h-wm\legis\amend\RDM.065), which was adopted.

Amend the bill, as and if amended, Part I, Section 24A.12, DHEC-Health, Page 0382, Line 26, left column, Proviso 24A.12, by striking /(1,033,153)/ and by inserting after "appropriated" /(3,533,153)/ The $2.5 million increase provided herein shall not require local match and local match shall not be a factor in determining the allocation./

Renumber sections & amend totals/title to conform.

The amendment was then adopted.

Section 24A as amended was adopted.

SECTION 24B--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 24B was adopted was taken up and agreed to.

Rep. CORNING proposed the following Amendment No. 576 (Doc Name L:\h-wm\legis\amend\TMR.060), which was adopted.

Amend the bill, as and if amended, Part I, Section 24B, SCCADA, Page 385, Line 30, opposite /State Block Grant/ by increasing the line in column(s) /(1) 1,200,000 (4) 1,200,000/

Renumber sections & amend totals/title to conform.

Rep. CORNING explained the amendment.

The amendment was then adopted.

Section 24B as amended was adopted.

SECTION 29B--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 29B was adopted was taken up and agreed to.

Rep. McELVEEN proposed the following Amendment No. 570 (Doc Name L:\h-wm\legis\amend\DH.060), which was adopted.

Amend the bill, as and if amended, Part I, Section 29B, Department of Rehabilitation and Corrections, Page 471, by adding an appropriately numbered proviso at the end to read: /29B.(New) Section 20-7-600 of the Code of Laws of the State of South Carolina as amended by Act Number 469 of 1992 shall take effect June 30, 1994./

Renumber sections & amend totals/title to conform.

Rep. McELVEEN explained the amendment.

The amendment was then adopted.

Section 29B as amended was adopted.

SECTION 89B--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. BOAN to reconsider the vote whereby Section 89B was adopted was taken up and agreed to.

Rep. M.O. ALEXANDER proposed the following Amendment No. 511 (Doc Name L:\h-wm\legis\amend\RDM.MOA), which was adopted.

Amend the bill, as and if amended, Part I, Section 89B, Aid to Subdivisions, Page 619, Line 8, Opposite /Aid- Local Government Funds/ by increasing the line in column(s) /(4) 2,750,000/

Renumber sections & amend totals/title to conform.

Section 89B as amended was adopted.

SECTION 129 PROVISOS--MOTION TO RECONSIDER TABLED

The motion of Rep. BOAN to reconsider the vote whereby Section 129 Provisos were adopted was taken up.

Rep. KIRSH moved to table the motion to reconsider, which was agreed to by a division vote of 56 to 33.

SECTION 24A--MOTION TO RECONSIDER TABLED

Rep. SCOTT moved to reconsider the vote whereby Section 24A as amended was adopted.

Rep. KIRSH moved to table the motion, which was agreed to by a division vote of 48 to 16.

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 #: H. 3610     General Subject Matter: General Appropriation Bill, 1993.

AGENCY BUDGETS FOR WHICH I DID NOT VOTE

S.C. Health and Human Finance Services Commission

S.C. Department of Health and Environmental Control

S.C. Jobs and Economic Development Authority

S.C. Forestry Commission

S.C. Department of Insurance

S.C. Workers' Compensation Fund

S.C. Workers' Compensation Commission

S.C. Board of Technical Comprehensive Education

S.C. Second Injury Fund

S.C. Department of Consumer Affairs

S.C. Department of Social Services

S.C. Department of Insurance Services

S.C. Insurance Reserve Fund

S.C. Public Service Authority

S.C. Public Service Commission

S.C. Ports Authority

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).

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. C. ALEX HARVIN, III

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

I abstained from voting, both in committee and in debate on the floor of the house, due to conflicts or potential conflicts of interest on the following sections.

Bill #: H.3610     General Subject Matter: General                         Appropriation Bill, 1993

Part One

Section         5 --     Governor's Office

Section         7 --     Secretary of State's Office

Section         9 --     Financial Institutions Board

Section         10 --     Attorney General's Office

Section         14 --     Election Commission

Section         15D --     Water Resources Commission

Section         17A --     Budget and Control Board:

Executive Section

Section         17G --     Budget and Control Board:

General Services

Section         17J --     Budget and Control Board:

Insurance Services

Section         17L --     Budget and Control Board:

Local Government Division

Section         18 --     Department of Revenue

Section         31 --     Housing Finance & Development Authority

Section         32 --     Human Affairs Commission

Section         33 --     Department of Insurance

Section         34 --     Department of Commerce

Section         35 --     Department of Licensing and Regulation

Section         76 --     Department of Environmental Regulations

Section         79 --     Jobs - Economic Development Authority

Section         83 --     Public Service Commission

Section         84 --     Ethics Commission

Section         85 --     Employment Security Commission

I wish to have my recusal noted for the record in the House Journal.

The reasons for abstaining relate to representation by me and/or members of my law firm of clients before particular agencies, and/or the existence of contracts for services between me and/or members of my law firm and particular agencies.

Rep. TIMOTHY F. ROGERS

RECORD FOR VOTING

As a signatory of the "No New Taxes" pledge, I voted no on second reading voice vote on the Appropriations Bill because the Bill contains new taxes and revenue enhancements.

Rep. J. MICHAEL BAXLEY

RECORD FOR VOTING

On a voice vote on H. 3610 I voted no due to the fact that the Bill contains tax increases.

Rep. BECKY MEACHAM

Rep. J. GARY SIMRILL

Rep. ANNETTE YOUNG

MOTION ADOPTED

Rep. BOAN moved to table all pending motions to reconsider, which was agreed to.

The question then recurred to the passage of the Bill on second reading.

The Bill, as amended, was then read the second time and ordered to a third reading.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

PRESENTATION OF STATE LIFE ABILITIES AMBASSADORS

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3007 -- Reps. J. Wilder and Baxley: A CONCURRENT RESOLUTION TO DESIGNATE WEDNESDAY, MARCH 24, 1993, AS "CHILDREN WITH DISABILITIES DAY", TO ENDORSE THE "B.A.C.-COFFEE DAY FOR CHILDREN WITH DISABILITIES" PROJECT AND OTHER OUTSTANDING PROGRAMS OF LIFE ABILITIES, SOUTH CAROLINA SOCIETY FOR CHILDREN AND ADULTS WITH DISABILITIES, INC., AND TO PROVIDE FOR A JOINT SESSION OF THE GENERAL ASSEMBLY AT 12:00 NOON ON WEDNESDAY, MARCH 24, 1993, AT WHICH TIME THE STATE LIFE ABILITIES AMBASSADORS AND THEIR PARENTS WILL BE PRESENTED TO THE GENERAL ASSEMBLY.

The State Life Abilities Ambassadors and distinguished party were escorted to the rostrum by Senators Greg Smith, Waldrep, Courtney, Patterson and Leventis, and Representatives THOMAS, CHAMBLEE, LITTLEJOHN, J. BROWN and McLEOD.

The President of the Senate recognized Rep. WILDER, who introduced the honored guests as follows:

"Lt. Governor, Mr. Speaker, Members of the Joint Assembly, ladies and gentlemen...It is a personal privilege again this year, my 4th year, to represent the Joint Legislative Committee for the Disabled, along with all of those involved in Life Abilities of South Carolina to recognize the State Life Abilities Ambassadors and their parents, and to endorse the B.A.C. Coffee Day which this year will be good Friday, April 9. First, I would like to recognize the members of our Legislative Committee for the Disabled. From the Senate, Senator John Matthews, Senator Nikki Setzler and Senator James Lander. From the House, Representative Mike Baxley and Representative Robert 'Bob' Walker and myself. In the back, our Governor's appointees, Commissioner Joe Dusenbury, S.C. Department of Vocational Rehabilitation, Ms. Betty Easler, Executive Director of the Developmental Disabilities Council, Office of the Governor and Dr. Richard Ferrantee, Director of the University Affiliated Programs, University of South Carolina. Evelyn Evans is our Executive Director. This year marks the 41st Annual Buck-A-Cup. Under the statewide leadership of the following people, the Life Abilities B.A.C. Program raised thousands of dollars to aid our deserving people with disabilities. B.A.C. buttons go on sale Friday, March 26, 1993. Last year, the B.A.C. Program raised over $530,000.00. The Spartanburg Public Safety Department was the top Police-Public Safety Department in the State for raising money, raising $71,107.00 and top salesman for B.A.C. was from Spartanburg also, raising individually $14,700.00. He is Wayne Fisher and he is sick today and not with us, but I'm sure we miss him today. I would like to recognize the following, Herman L. Shealy, Jr., Executive Director of Life Abilities, Edwin W. Fisher, State Life Abilities President and Pattie Just, the State Campaign Chairperson. In addition, working very closely and ably assisted by, Lt. Jim McClary of S.L.E.D., the President of the S.C. Law Enforcement Officers Association and he is in court today, John Caudle, II, the Executive Director of the S.C. Law Enforcement Officers Association, Thomas L. Sponseller, the Executive Director of the S.C. Restaurant Association and Buford Hancock, the State President of the S.C. Restaurant Association. Also, Mr. Corley, who is with the Restaurant Association and is very supportive. All the members of the S.C. Law Enforcement Officers Association and the S.C. Restaurant Association, many of them present here today. We would particularly like to recognize, Mr. W.C. Hunter, the State Chairman of the B.A.C. for Life Abilities who originated the idea of the B.A.C. button, and has been extremely important in this effort. Over the last 41 years, B.A.C. has raised 6.5 to 7 million for disabilities and in the last three years alone 1.5 million. Thank you for the fine work you do every year in this endeavor. The General Assembly extends to Life Abilities and all of you dedicated supporters its sincere wishes for continued success in your many constructive and compassionate programs on behalf of persons with disabilities. Life Abilities serves thousands of South Carolinians, both children and adults with disabilities. Each year several of these individuals are chosen to represent Life Abilities statewide. Today, March 24, 1993, is designated as 'Children with Disabilities Day in South Carolina' and I would like to present to you this year's State Life Abilities Ambassadors and their parents. First, we have Senator Greg Smith and Representative Paula Thomas who will present their ambassador."

Senator Greg Smith introduced the guest as follows:

"It is my distinct pleasure today along with Representative Thomas to introduce to you the fellow leading the applause here, Gerald David Avant. Gerald is the ten year old son of Mr. and Mrs. James Avant of Georgetown. At age two, Gerald was diagnosed with Cerebral Palsy and Epilepsy. Life Abilities of Georgetown County has provided Gerald with physical, occupational and speech therapy for over eight years. In addition Life Abilities also provided financial assistance towards the purchase of a roll stander.

Rep. THOMAS introduced the guest as follows:

"Anyone who knows Gerald would describe him as a very happy and cheerful ten year old boy. Besides that, he has impressed me with his gentlemanship. When I first met him, he kissed my hand and proceeded to give me a bouquet of imaginary flowers. He is quite a delight and we are very proud of him. Gerald's family stresses the importance of the existence of the Life Abilities affiliate office in Georgetown and the love, support and friendship it has provided their family."

Rep. WILDER recognized Rep. CHAMBLEE and Senator Waldrep to present our next guest. Senator Waldrep introduced the guest as follows:

"Good afternoon everyone...Representative C.D. Chamblee and I come to you today with a very special child that we want to present to you for your admiration, if you would, Jennifer Jill Ayers. She is the seven year old daughter of Mr. and Mrs. Doug Ayers of Townville, in Anderson County. Jill has been diagnosed with cerebral palsy. Life Abilities of Anderson County provides physical and occupational therapy and has provided financial assistance toward the purchase of a wheelchair and walker. Anyone who knows Jill will tell you that she's a very vivacious and outgoing young lady. She currently sings in both her school and church choir. She is a Brownie and her hobbies include reading, painting and playing with animals. I also wanted to tell you that when I met her just a minute ago, she handed me a petition that she had been working on that has 200 signatures on it and it is to bring school prayer back. So, I just thought I would tell you that and let you know what kind of things she is interested in."

Rep. CHAMBLEE introduced the guest as follows:

"She is a real happy little girl. I was surprised to see her so happy. They live in my district up in Townville, S.C., almost in Oconee. We are glad to have them here today. Thank you."

Rep. WILDER recognized Rep. LITTLEJOHN and Senator Courtney to present our next guest.

Rep. LITTLEJOHN introduced the guest as follows:

"Mr. Speaker, Mr. President, fellow House members...Senator Courtney and I would like to introduce to you a very special young man here in the gray suit, Crockett Buchanan, who lives near my place of business and I am very honored to have him with us today. He has been chosen the 1993 representative for Life Abilities for Spartanburg County. He is a very charming and outgoing nine year old who lives with his mother, Sherry, and their three year old daughter, Leah. Crockett has Cerebral Palsy and attends the Charles Lea Center in Spartanburg. Although, he has Cerebral Palsy, he enjoys man hobbies such as adaptive bowling, swimming, watching movies and working with the computer at school. He has been receiving partial assistance from Life Abilities of Spartanburg, formerly Easter Seals, since 1987 and this has provided him with equipment and services including long leg braces and custom molded wheelchair and a bath seat, and occupational and computer therapy. He is an outstanding example of the quality of life that can be achieved by the disabled when services are made available through the Spartanburg County Life Abilities Program."

Senator Courtney introduced the guest as follows:

"After looking at this young man, you can see he is a very brave and courageous young man and his mother says that even though he cannot speak, he communicates very well with his cheerful demeanor and bright smile. I don't think I have ever seen one like this."

Rep. WILDER addressed the Joint Assembly as follows:

"Ms. Betty Livingston and her son, Idris, live here in Columbia, but Idris was not well enough to travel here today, so Representative Joe Brown and Senator Patterson will come and tell you about him."

Rep. J. BROWN addressed the Joint Assembly as follows:

"Mr. President, Mr. Speaker, ladies and gentlemen...It is really a sincere pleasure as well as an honor that Senator Patterson and I have the opportunity today to come to talk about Idris. Without a doubt, he would love to be here today. Because of illness he could not possibly come. This would have meant more to him than anything to come in to see all of you today, because certainly this is quite an honor and he is a brave young man. Idris is the four year old son of Ms. Betty Livingston of Columbia. Idris has a diagnosis of developmental delay. He receives physical, occupational and speech therapy, as well as clinic services from Life Abilities at the Rose M. Lowe Rehabilitation Center. Idris is a very active child who loves to play outside. He loves Ninja Turtles. Idris is also very proficient in the operation of a VCR. This is a special talent that he certainly has. Ms. Livingston feels very pleased by the progress Idris has made at Life Abilities. Ms. Livingston feels that these services have made a world of difference in Idris's development. We are so pleased that we have the opportunity to represent Idris in his absence. Certainly, we hope that some time in the near future that many of you will have the chance to see quite an outstanding and courageous and brave young man. Thank you."

Rep. WILDER recognized Rep. McLEOD and Senator Leventis to present our next guest.

Senator Leventis introduced the guest as follows:

"Mr. Speaker, ladies and gentlemen of the General Assembly...It is truly a pleasure today on behalf of Representative McLeod and myself and all of the people of Sumter County to introduce to you Alex Sizemore. He is with his mother today, Angela and his father, Anthony Sizemore of Sumter. Alex has been diagnosed with Down Syndrome with a congenital heart defect. Life Abilities of Sumter County has provided speech therapy for Alex as well as financial assistance toward travel cost incurred from doctor appointments for Alex's heart defect. Alex is a very energetic young man and he has proven that to me and he has a heart made of gold. He is a delightful young four year old. His family is very appreciative of the support provided by Life Abilities. I know that you join me in welcoming him, but I want you to know that our pride today is great in Sumter and I want to remind those of you here that our Chairperson, Ms. Pattie Just, is a state employee and she does interviews of me on E.T.V. We are very thrilled to have everyone here from Sumter and we are really proud of them."

Rep. WILDER addressed the Joint Assembly as follows:

"This concludes the presentations. I want to thank all of you for your attention and support. The Life Abilities Representatives and their families will now leave this Assembly to be honored at a luncheon to follow at the Museum. Please remain seated so that they can go down the center aisle. Those of you that are not participating in the luncheon can remain here with us because the National Commander of the American Legion has traveled to speak to us with his message. Thank you."

Upon the conclusion of the presentation, the honored guests and escort party retired from the Chamber.

ADDRESS BY THE
NATIONAL COMMANDER OF THE AMERICAN LEGION

The Reading Clerk of the Senate read the following Concurrent Resolution:

H. 3159 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE ROGER MUNSON, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 24, 1993.

The Honorable Roger Munson and distinguished party were escorted to the rostrum by Senators Lander, Leventis, Ford and Mescher, and Representatives D. WILLIAMS, SPEARMAN, J. BROWN and CLYBORNE.

Lt. Gov. Theodore introduced the National Commander as follows:

"Prior to introducing our distinguished guest today, I would like to also recognize some individuals who are with us, National President of the American Legion Auxiliary, Ms. Linda Boone, from the Department of Oregon, past National Commander, Mr. E. Roy Stone, Department Commander of South Carolina is not here due to a health problem, but we do have the National Vice Commander, Jack David and Department of President of the American Legion Auxiliary, Dorothy Caughman. We would like to pay special recognition at this time to our Gold Star Mothers seated in the balcony. Please stand. We thank you for being here today. Once again, we are very privileged to have with us, the National Commander of the American Legion, Roger A. Munson. He is an outstanding American and an individual who was elected on August 27, 1992 to a position of National Commander of this great organization. He is a veteran of World War II and has served this country in so many different capacities both in the veteran environment and in other environments in our great nation. The 1968 Ohio Legionnaires elected him Department Commander and he also served as Ohio's National Executive Committeeman and Alternate NEC man. He operated his own business and is married and has three children and very importantly, five grandchildren. He is an outstanding Ohio citizen, but today he represents all of America to bring to us a message from the great veterans organization, the American Legion. Without further delay, I introduce to you, Roger A. Munson, National Commander of the American Legion."

Mr. Roger A. Munson, the National Commander of the American Legion, addressed the Joint Assembly as follows:

"Thank you, Lieutenant Governor Theodore, Mr. Speaker Sheheen, distinguished members of the South Carolina Legislature, and ladies and gentlemen...It is always and honor and privilege for the National Commander of the American Legion to be invited to speak to this Body. I thank you for taking time from your duties of doing the business of the Palmetto state to listen to my brief remarks. I am a new face to many of you. And I understand that there are many new faces in this Chamber, something like 80 new House members and 20 new State Senators. So I am particularly glad for this opportunity to get to know each other. There is one in the Chamber that I know and that is Molly Spearman, who is the National Chairman of the Education Committee for the American Legion Auxiliary and a past Department President for South Carolina. I would like to thank some of South Carolina's finest citizens for arranging this visit. I'm sure you already know many of them, especially a man who stands alone for his leadership and involvement in not only veterans issues, but in many matters affecting all citizens of his beloved State. Of course, I refer to Mr. E. Roy Stone, our past National Commander. South Carolina happens to be the home of another National Officer of the American Legion this year. Robert E. 'Jack' David of Camden, serves as one of my National Vice Commanders. You all know Jack as your State Director of Veterans Employment. He has a staff member in each of his county offices to insure that veterans get preference in employment. Also please recognize the State Commander of the South Carolina Legion, Charles Smith, and the State Adjutant, B.L. Black. With us this morning is the National President of the American Legion Auxiliary, Linda Boone and the Auxiliary President of South Carolina, Mrs. Dorothy Caughman. I must mention a group of women who are present each year who are very special to all of us. They are the American Gold Star Mothers, a dedicated and patriotic organization of women who lost sons and daughters who were serving in the line of duty in our nation's armed forces. Many were recipients of the Congressional Medal of Honor. As this year's leader of the world's largest veterans organization, more than 3.1 million men and women who served their country in time of war or conflict. I do a lot of traveling. I am constantly on the road. It is part of my job, not only to visit as many Legionnaires as I can in all of the 50 states and 8 foreign departments, but to travel overseas to Europe, Central America and the Far East in order to assess the state of our foreign relations and national security. Those subjects have been areas of primary interest to the American Legion since we were founded in 1919 at the close of World War I. Just before Christmas, I spent most of December touring the Far East and the Pacific Rim. In late January, I attended the Presidential Inauguration and all the festivities in Washington, D. C. In early February, I had the honor of leading the annual American Legion Pilgrimage to the Tomb of Abraham Lincoln in Springfield, Illinois on the anniversary of the birth of the 16th President of the United States on February 12. It is a tradition which began in 1935. Also in February, the Legion held two very important meetings in Washington, D. C. at which I presided as Commander. It has been a very busy few months for me. I want to tell you that each trip, every visit, all the events and meetings, brought a new learning experience for me. I'm sure you have had the same experience. So today, I would like to share with you some of the impressions I got during these recent travels and activities, and how I believe what I learned will affect the American Legion and all veterans, and indeed all Americans, in the near and long-term. First of all, I feel I should point out what some of you already know, that the American Legion is by tradition non-political, and does not and never has endorsed any political party or candidate, nor any specific nominee or holder of an elected or appointed office. We, do, however, develop and maintain positions and policy on various matters that are germane to the principles and programs of the American Legion. But every Legionnaire is free to make up his or her own mind and exercise that opinion within the American Legion as well as in local and national politics. Some of the most vivid scenes and impressions in my travel memory are of the Lincoln Pilgrimage and the recent Presidential Inauguration in the nation's capital. Because they both had to do with Presidents, there is a certain linkage between them. I attended the ceremony as President Bill Clinton took the oath of office at the U. S. Capitol. It was an impressive event. I listened carefully to Mr. Clinton's inaugural address. As I did so, I could not help but think of the address made at the same place 128 years earlier, when the 16th President of the United States took the oath of office for the second time. It was in that historic Second Inaugural Address that Mr. Lincoln originally put forth the proposition that the government has an obligation to those who served in its military forces. It was Mr. Lincoln's undeniable expression of the nation's sacred responsibility to 'care for him who shall have borne the battle, and for his widow and his orphan.' On January 20, I did not hear our 42nd President mention those who have served, fought, and died for this nation, except to say, and I quote, 'the brave Americans serving today in Somalia and the Persian Gulf, and wherever else they stand, are testament to our resolve.' As we all know, President Clinton is not a veteran. Veterans rightfully have taken a 'wait and see' attitude as to just what Mr. Clinton will do on behalf of the nation's 27 million living men and women who served their country in uniform, and the millions more who died, either in its defense, or afterwards. In all fairness, however, when presidential candidate Clinton spoke to our American Legion National Convention in Chicago last August, he addressed many of the issues veterans consider very important, and promised to honor our service with deeds, not words. He also promised to appoint, not a new Secretary of Veterans Affairs, but a Secretary for Veterans Affairs and he kept his promise. His choice for the new V. A. Secretary is Jesse Brown. He is a former national executive of the Disabled American Veterans, who has proven to be an honest and good friend of the American Legion and of this nation's veterans. He has an outstanding record of ongoing service to his country, and of course, we are proud that he is also a Legionnaire. In early February, almost immediately after he was sworn in, Secretary Brown graciously paid a visit to a meeting of the Legion's Veterans Planning and Coordinating Committee, which I had called to address the issues which confront America's veterans community, especially veterans health care. Less than three weeks later, he came to our midwinter Washington Conference and addressed an important session of our Veterans Affairs and Rehabilitation Commission. Jesse knows that the American Legion is the big guy on the block and assured us that our voice will be heard at the V. A., and at the White House, and that the new administration is committed to providing proper funding levels for his Department of Veterans Affairs. The V. A. health care system has suffered serious fiscal problems over the last ten years, due to underfunding by Congress, and demands for fiscal restraint by the budget cutters. More and more money has been required to care for fewer and fewer veterans, but the annual appropriations have been barely adequate to keep the system afloat. Therefore, the V. A. has had to impose strict and complex eligibility requirements on who may use the system. More and more veterans who need and deserve health care have been excluded. The entire system is at a critical point, it's survival may be in jeopardy. These days, we are hearing a lot about the federal government's budget problems. The administration says that everyone must share the pain of bringing the federal budget under control. We realize that the federal budget is a mess, but we also know that the V. A. did not contribute to making it a mess. Since 1980, the federal budget has increased by more than 150 percent, 150 percent over a 12 year period. At the same time, the V. A. budget has increased a modest 64 percent. There are many reasons why federal spending has grown so rapidly, but V. A. is not one of them. In the past few years, it has become popular to blame V. A. for its problems in delivery of medical care to veterans. That's wrong. No V.A.M.C. Chief of Staff of V. A. doctor wants to close wards and fire nurses. The problems are budget driven, not enough money has been appropriated. And you all know who appropriates the money, don't you? That's why I called that meeting of the V.P.C.C., our Veterans Planning and Coordinating Committee in early February. To give the final go-ahead for a sweeping, new American Legion proposal to reform and improve veterans health care. Our plan calls for simplification of the eligibility requirements so more veterans can use the system if they want to. There should be only two classifications for veterans seeking medical care, service connected and non-service connected. Veterans with service-connected problems should be considered entitled to the entire range of health care services. Veterans with non-service connected disabilities should have access to V.A. health care, and be allowed to pay for such care through third party payers, such as Medicare, Medicaid or other federally funded health care financing systems, or from their own insurance companies, if such funds are available to them. I am pleased to report that we are working in close coordination with the other major veterans service organizations, such as the VFW, the DAV, the Amvets and the Paralyzed Veterans of America, all of whom are in general agreement with our proposal, as is the Secretary. Our job now is to convince the Congress, the Administration and the public, that the V. A. health care system must be preserved as a national asset. On that subject, we have examined the many ideas which the new administration and others are discussing with regard to solving the nation's major problem of providing access to medical care for all citizens. Make no mistake about it, my friends, a national health care plan is coming, in one form or another. It is inevitable if we are ever going to control the soaring cost of health services, and get the economy in order. Just what direction national health care may take remains to be seen. But one fact is clear, the V. A. medical system must be included in the plan, and must not be merged or whittled down to the point of obsolescence. Everyone must realize that the V. A. health care system is the only nationwide system this country has, or has ever had. The V. A. has served as the main teaching facility for most of the country's doctors. In the medical community, V. A. has been the leader in the areas of research, new treatments, and technological developments. It is truly a national asset. To not consider it such, or to allow it to disappear, would be a tragedy. Our American Legion Proposal strongly urges the new administration and those charting a national health care plan not to overlook the value and integrity of the V. A. medical system. It shows how a properly funded and well managed V. A. health care system can serve as a model for any future national health care plan, and how it can compete effectively in any such environment. Again, V. A. Secretary Brown told us he is of the same mind, and will carry our message to the big table as he put it, as the White House looks at building a national health plan. Now, I would like to talk about some of the particular problems facing veterans right here in South Carolina, which is home to approximately 353,000 veterans. I congratulate you for having one of the best state veterans service officer programs in the nation. Your state Director of Veterans, Bill Sams, has a network of service officers in all 46 counties, and Bill and his team do a great job. As a state which houses many military installations and is a sun belt state, the Palmetto State is often chosen as an ideal place to retire. Many veterans will be among those citizens who choose to move to such a fine place to live. And many of those veterans will be what is termed the aging veteran. The issue of the aging veteran will impact all states, but be felt to a comparatively greater degree here. By the year 2000, about 9 million veterans in the United States will be 65 years of age or older. And 124,000 of them will be living in South Carolina. That's 26,000 more aging veterans than you now have. As Commander of the world's largest veterans organization, I am proud of the farsightedness and leadership you have shown in legislating in favor of benefits and facilities for veterans, especially the aging vet. South Carolina did not give a veterans bonus. Instead you used that money to address the problem of an ever increasing number of aging veterans. You saw the problem down the line, and wisely allocated the funds to build the 150 bed state and federal nursing home named for Mr. Stone in Columbia, and the 220 bed veterans nursing home in Belton, which is named for Governor Campbell's brother, Mike. The big problem you face now is finding enough money to open up the rest of the 120 beds which are planned for the Campbell facility. I have every confidence you will do it. The other major observation I want to share with you today comes from my tour of the Far East. I visited the Philippines, Taiwan, South Korea and Hawaii. I came home convinced that, more than ever, America must maintain a forward military presence in the Pacific Rim as essential to our security interests and those of our friends throughout the region. I am also convinced that, in general, the world is still a very dangerous and unstable place. Witness the necessity to again impress upon Saddam Hussein that he lost the mother of all battles. We must put an end to his cheat and retreat tactics in defiance of U. N. resolutions. Witness the instability in Russia and the other various independent states which were once the Soviet Union. Witness the fact that Marines are being shot at and killed while bravely serving in harm's way as part of Operation Restore Hope to simply give aid and comfort of thousands of Somalis who are starving to death. We sincerely hope that our new President will be guided by the Almighty and by wise advisers in the conduct of this nation's national security and foreign policy. We hope that he permits professional military men to handle any military operations, as was done so successfully during the recent Persian Gulf War. Hopefully, he will rely on the advice of General Colin Powell and his Joint Chiefs of Staff. The Pentagon recently submitted plans for a new round of budget cuts that would trim 14 billion from the 1994 military budget, in order to meet Mr. Clinton's campaign pledge to reduce Pentagon spending by 60 billion into the next five years. And now, as you in South Carolina know only too well, there is a proposal for a sweeping new round of military base closings. At least 30 major installations would be shut down, and as many as 150 depots and smaller sites nationwide would be consolidated or reduced. One of the major base closings involves the giant U. S. Naval installations in Charleston. Slated to be shut down are the Navy Base, the shipyard, the air station, and a 400 bed Navy hospital. All in all, the decision, if it goes through, means the loss of about 36,000 military and civilian jobs. The financial impact is estimated at approximately 1.2 billion. It will be a devastating blow to South Carolina, economically and otherwise. The American Legion continues to believe that America must always maintain a strong national defense posture, not to pursue war, but to preserve peace. I submit that this new era of a scaled back military is proceeding at a dangerous pace. The nation's leaders and military planners should proceed cautiously with any further downsizing. This is definitely not the time to reduce our armed forces too far, too fast. For the past several minutes, I have shared some observations and discussed some problems which are important not only to the American Legion, but to all Americans. I say that because I believe that the Legion Family is truly a reflection of mainstream America. Our views are shared by millions of other Americans. Veterans and their families account for at least one-third of the nation's population. Our priorities are America's priorities. We feel we have a responsibility to our constituency, just as you do as elected officials. We intend to continue our traditional programs of service to veterans, to children and youth, and to Americanism, through our volunteer work in the community, state and nation. There is no finer example of Americanism and volunteerism than the 4.2 million members of the American Legion, the American Legion Auxiliary, and the Sons of the American Legion. The Legion Family represents the very fabric of mainstream America. We care about the quality of life and the future of our communities, our states and of this great nation. Certainly, I know that you, who choose to perform public service as elected representatives of those people, share the same standards and ideals. I would like to suggest that this Body and similar ones in other jurisdictions look to the American Legion as a partner in the job of making South Carolina and the entire country a better and secure place of all of us to live. Thank you, God bless you, and God bless America."

Upon the conclusion of his address, the National Commander and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:50 P.M. the House resumed, the SPEAKER in the Chair.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3414 -- Reps. Farr, McCraw, Neilson, Boan, Rhoad, Phillips, Waldrop, McAbee, Stoddard, D. Wilder and Carnell: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO ACT AS MAY BE NECESSARY TO AVOID THE CLOSING OF DEPARTMENT OF AGRICULTURE OFFICES WHERE THE IMPACT OF SUCH CLOSINGS ON RURAL COUNTIES WOULD BE DETRIMENTAL.

H. 3764 -- Rep. Meacham: A CONCURRENT RESOLUTION TO CONGRATULATE THE CITY OF TEGA CAY FOR BEING THE FIRST YORK COUNTY MUNICIPALITY TO IMPLEMENT A VOLUNTEER RECYCLING PROGRAM.

H. 3772 -- Reps. McMahand, J. Brown, Cobb-Hunter, White, Beatty, Anderson, Breeland, Byrd, Canty, Govan, Hines, Inabinett, Kennedy, Moody-Lawrence, Neal, Scott, Whipper and Williams: A CONCURRENT RESOLUTION RECOGNIZING THE REVEREND DR. S.C. CURETON OF GREENVILLE COUNTY ON HIS CANDIDACY FOR NEXT PRESIDENT OF THE NATIONAL BAPTIST CONVENTION, U.S.A., INC., AND CONGRATULATING HIM ON THE TWENTY-EIGHTH ANNIVERSARY OF HIS PASTORATE OF REEDY RIVER BAPTIST CHURCH IN GREENVILLE COUNTY.

ADJOURNMENT

At 12:55 P.M. the House in accordance with the motion of Rep. BREELAND adjourned in memory of Mrs. Inez Nimmons, to meet at 10:00 A.M. tomorrow.

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