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

TUESDAY, MARCH 8, 1994

Tuesday, March 8, 1994
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 A.M.

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

We thank You, Lord, for Your extended hand to us. May we seize it, and cling to it like filings clinging to a magnet, knowing that when we follow You we have no need to be overly anxious about the future. Dispel all worry from our minds as we have been taught that "worry pulls tomorrow's cloud over today's sunshine." Forbid that we should become so busy preparing for a rainy day that we miss today's sunshine. Lead us to be good examples for others knowing that the way we live is so often a child's classroom.

Hear us, Heavenly Father, as we pray in trust and thanksgiving. 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. ROGERS moved that when the House adjourns, it adjourn in memory of Elliott D. "Duby" Thompson, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4891 -- Reps. Rogers, Waites, Scott, Shissias, Quinn, Harrison, J. Brown, Neal, Byrd, Corning, Rudnick, M.O. Alexander, T.C. Alexander, Allison, Anderson, Askins, G. Bailey, J. Bailey, Baker, Barber, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, Canty, Carnell, Cato, Chamblee, Clyborne, Cobb-Hunter, Cooper, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Felder, Fulmer, Gamble, Gonzales, Govan, Graham, Hallman, Harrell, Harrelson, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hines, Hodges, Holt, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McElveen, McKay, McLeod, McMahand, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rhoad, Richardson, Riser, Robinson, Sharpe, Sheheen, Simrill, D. Smith, R. Smith, Snow, Spearman, Stille, Stoddard, Stone, Stuart, Sturkie, Thomas, Townsend, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whipper, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and R. Young: A CONCURRENT RESOLUTION EXPRESSING SYMPATHY FROM THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FRIENDS AND FAMILY OF C. HEYWARD BELSER OF COLUMBIA, FORMER CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE, WHO DIED THURSDAY, MARCH 3, 1994.

Whereas, the members of the General Assembly were saddened to learn of the death of Columbia attorney, C. Heyward Belser on Thursday, March 3, 1994; and

Whereas, the death of this most distinguished statesman brings to a close the career of one of South Carolina's most distinguished figures in state politics; and

Whereas, during his Chairmanship of the House Judiciary Committee, he was instrumental in getting the South Carolina Constitution extensively revised; and

Whereas, Mr. Belser is the grandson of the late Duncan Clinch Heyward, Governor of South Carolina from 1903 to 1907; and

Whereas, Mr. Belser was also a gifted tennis player, playing competitively all his life and was a member of the South Carolina Tennis Hall of Fame with a string of titles in singles and doubles competition, too numerous to mention; and

Whereas, Mr. Belser was educated in the Columbia public schools and graduated magna cum laude from the University of South Carolina; and

Whereas, he was a Phi Beta Kappa graduate of the University of South Carolina's master degree program and received his law degree from Yale University; and

Whereas, during World War II Mr. Belser served as a pilot in the India-China-Burma theater and earned the Distinguished Flying Cross; and

Whereas, after the war, Mr. Belser practiced law in New York and Washington, D.C.; he returned to Columbia to establish and become the Senior Partner of Belser, Baker, Barwick, Ravenel, Toal and Bender; and

Whereas, in 1985 Heyward Belser joined Blue Cross and Blue Shield and Companion Corporation as Senior Vice President and General Counsel; and

Whereas, the members of the General Assembly and all those with whom he came in contact will miss his standards of excellence, his brilliant insight, his courtesy, and his humor; and

Whereas, it is with great sadness that the career of such an extraordinary individual has come to a close, but due to his unselfish dedication to his State, he has ensured that generations to come will benefit from the work he has so diligently crafted. Now, therefore,

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

That the members of the General Assembly extend their sympathy to the friends and family of C. Heyward Belser of Columbia, former Chairman of the House Judiciary Committee, who died Thursday, March 3, 1994.

Be it further resolved that a copy of this resolution be forwarded to his wife, Shelvie Culbreth Belser.

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

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

ROLL CALL

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

Alexander, M.O.        Allison                Anderson
Askins                 Bailey, G.             Bailey, J.
Barber                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, H.              Brown, J.              Canty
Cato                   Chamblee               Clyborne
Cobb-Hunter            Cromer                 Davenport
Fair                   Farr                   Fulmer
Gamble                 Gonzales               Govan
Hallman                Harrell                Harris, J.
Harris, P.             Harwell                Haskins
Hines                  Hodges                 Holt
Hutson                 Inabinett              Keegan
Kelley                 Kinon                  Kirsh
Klauber                Lanford                Littlejohn
Marchbanks             Mattos                 McCraw
McKay                  McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Phillips               Quinn                  Rhoad
Richardson             Riser                  Rogers
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stoddard
Stone                  Stuart                 Thomas
Townsend               Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Wells                  White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Young, A.
Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 8.

Lucille S. Whipper                William D. Keyserling
Alfred B. Robinson, Jr.           James H. Harrison
Irene K. Rudnick                  David A. Wright
Daniel T. Cooper                  F.G. "Greg" Delleney, Jr.
James P. Harrelson                James N. Law
Larry L. Elliott                  Kenneth Kennedy
William S. Houck                  Denny W. Neilson
June S. Shissias                  Thomas C. Alexander
Douglas Jennings, Jr.             Joseph T. McElveen, Jr.
Roland S. Corning                 Dell Baker
Jennings G. McAbee                John J. Snow, Jr.
Lindsey O. Graham                 Alma W. Byrd
E.B. McLeod, Jr.                  John G. Felder
Michael F. Jaskwhich              C. Alex Harvin, III
Thomas E. Huff                    Morgan Martin
Marion P. Carnell                 C. Lenoir Sturkie
Larry L. Koon
Total Present--124

LEAVE OF ABSENCE

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

STATEMENT OF ATTENDANCE

Rep. WILKINS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, March 7.

INTRODUCTION OF BILLS

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

H. 4892 -- Reps. McLeod and G. Brown: A BILL TO AMEND SECTION 48-9-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO SERVE WITH ELECTED COMMISSIONERS AS THE GOVERNING BODY OF A SOIL AND WATER CONSERVATION DISTRICT, SO AS TO AUTHORIZE THE APPOINTMENT OF A MAXIMUM OF TWO ADDITIONAL COMMISSIONERS; AND TO AMEND SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS, SO AS TO DELETE THE REFERENCE TO THE NUMBER OF COMMISSIONERS.

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

H. 4893 -- Reps. Rogers, Waites, Scott, J. Brown, Byrd and Neal: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD MUNICIPALITIES.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 4894 -- Reps. Carnell and McAbee: A CONCURRENT RESOLUTION CONGRATULATING MARGARET HERRING JENNINGS ON HER ELECTION AS PRESIDENT OF THE AMERICAN SCHOOL COUNSELORS ASSOCIATION.

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

H. 4820--AMENDED AND INTERRUPTED DEBATE

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

H. 4820
GENERAL APPROPRIATION BILL
MOTION NOTED

Rep. HALLMAN moved to reconsider the vote whereby Amendment No. 55 was tabled in Section 54, Part IA, and the motion was noted.

PART IB
SECTION 1

Section 1 was adopted.

SECTION 1A

Section 1A was adopted.

SECTION 2

Section 2 was adopted.

SECTION 2A

Section 2A was adopted.

SECTION 3--AMENDED AND DEBATE ADJOURNED

Rep. CARNELL proposed the following Amendment No. 63 (Doc Name L:\h-wm\legis\amend\3.COM), which was adopted.

Amend the bill, as and if amended, Part 1B, Section 3, Legislative Division, Page 511, Paragraph 34, Line 36, left column by striking /$300/ and inserting /$500/ and adding after /month/ This increase shall be effective on January 1, 1995/

Renumber sections & amend totals/title to conform.

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

SECTION 4A--ADOPTED

Rep. STILLE proposed the following Amendment No. 58 (Doc Name L:\h-wm\legis\amend\TMR.J1), which was tabled.

Amend the bill, as and if amended, Part IB, Section 4A, Judicial, Page 514, Paragraph 2, Lines 36-40, by striking the paragraph in its entirety

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

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

Rep. STILLE proposed the following Amendment No. 59 (Doc Name L:\h-wm\legis\amend\TMR.J2), which was tabled.

Amend the bill, as and if amended, Part IB, Section 4A, Judicial, Page 514, Paragraph 2, Lines 38-40, by striking /and shall provide the same for Supreme Court Justices & Judges of the Court of Appeals upon their request/

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 41 to 21.

Rep. STILLE proposed the following Amendment No. 61 (Doc Name L:\h-wm\legis\amend\TMR.J4), which was tabled.

Amend the bill, as and if amended, Part IB, Section 4A, Judicial, Page 514, Paragraph 5, Lines 21-22, by striking /Supreme Court Justice, Court of Appeals Judge/

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 45 to 24.

Section 4A was adopted.

SECTION 6DD--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 9 (Doc Name L:\h-wm\legis\amend\DH.SL2), which was adopted.

Amend the bill, as and if amended, Part IB, Section 6DD, Sled, Page 515, Paragraph 6, by striking the paragraph in its entirety

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 10 (Doc Name L:\h-wm\legis\amend\DH.DOL), which was adopted.

Amend the bill, as and if amended, Part IB, Section 6DD, Sled, Page 518, Paragraph 44, by striking the paragraph in its entirety

Renumber sections & amend totals/title to conform.

Section 6DD as amended was adopted.

SECTION 8

Section 8 was adopted.

SECTION 9

Rep. BOAN explained the section.

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 11--AMENDED AND DEBATE ADJOURNED

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

Amend the bill, as and if amended, Part IB, Section 11, AG, Page 520, Paragraph 3, Line 44, by inserting after /him/ /This provision shall not apply to the State Budget and Control Board/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

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

SECTION 12

Section 12 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 17C--AMENDED AND ADOPTED

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

Amend the bill, as and if amended, Part IB, Section 17C, Division of Executive Director, Page 525, Paragraph 5, Line 9, by inserting after /if necessary./ /All/

Further amend, Page 525, Line 10, by inserting after /provided herein/ the words /shall be/

Further amend, Page 525, Line 22, by adding after /fiscal year./ the sentence /The Budget and Control Board shall contract for the director of the Center for Total Quality Management from existing funds/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the section.

Section 17C as amended was adopted.

SECTION 17E--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\h-wm\legis\amend\TMR.BC), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17E, OGS, Page 526, Paragraph 5, Line 39, by striking /State Engineer/ and inserting /Director of Office of General Services/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. RICHARDSON proposed the following Amendment No. 78 (Doc Name L:\h-wm\legis\amend\DC.CON), which was ruled out of order.

Amend the bill, as and if amended, Part 1B, Section 17E, Division of Operations, Page 529, After Line 39, by adding an appropriately numbered paragraph to read /(0IS-Bidding of Reinsurance Contracts) Upon the conclusion of the current coverage period, contracts administered by the Office of Insurance Services for Automobile Liability Reinsurance,, Medical Professional Liability Reinsurance and Property Reinsurance shall be bid every three years/

Renumber sections & amend totals/title to conform.

Rep. RICHARDSON explained the amendment.

POINT OF ORDER

Rep. SHARPE raised the Point of Order that Amendment No. 78 was out of order as it was not germane.

Rep. RICHARDSON argued contra the Point in stating that it did involve money.

The SPEAKER, citing Section 17E on page 70, stated that it had to relate to money in Section 17E of the Bill.

Rep. RICHARDSON continued to argue contra the Point.

The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.

Section 17E as amended was adopted.

SECTION 17G--DEBATE ADJOURNED

Rep. McABEE explained the section.

LEAVE OF ABSENCE

The SPEAKER granted Rep. R. YOUNG a temporary leave of absence.

Rep. McABEE continued speaking.

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

Rep. KOON proposed the following Amendment No. 86 (Doc Name L:\council\legis\amend\DKA\3290JM.94), which was tabled.

Amend the bill, as and if amended, Part IB, Temporary Provisions, page 536, right hand column, by adding immediately after line 4:

/SECTION 17J - BUDGET AND CONTROL: OFFICE OF GENERAL SERVICES

1.     (State Print/Duplicating)     Notwithstanding any other provision of law, the Information Technology Management Office of the Division of General Services of the State Budget and Control Board shall set production standards for state print/duplicating facilities and approve all printing/duplicating equipment purchases by state agencies. This office shall make recommendations to the Budget and Control Board to close or combine facilities when proven cost effective to the operation of state government./

Renumber items and sections & amend totals/title to conform.

Rep. KOON explained the amendment.

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

LEAVE OF ABSENCE

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

SECTION 17P--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 119 (Doc Name L:\h-wm\legis\amend\TMR.024), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17P, State Auditor, Page 537, Paragraph 7, by striking the paragraph in its entirety.

Renumber sections & amend totals/title to conform.

Section 17P as amended was adopted.

SECTION 17R

Section 17R was adopted.

SECTION 17S

Section 17S was adopted.

SECTION 17T

Section 17T was adopted.

SECTION 18A--AMENDED AND DEBATE ADJOURNED

Reps. BOAN, WHITE and McTEER proposed the following Amendment No. 50 (Doc Name L:\h-wm\legis\amend\CJ.MUS), which was adopted.

Amend the bill, as and if amended, Part 1B, Section 18A, Commission on Higher Education, Page 543, Line 11, by adding an appropriately numbered item/paragraph to read in the left column /of the funds appropriated to the Higher Education Formula, $159,000 shall be allocated to the Medical University of South Carolina for a Diabetes Center of Excellence/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. McTEER explained the section.

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

SECTION 18B--DEBATE ADJOURNED

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

SECTION 18K--DEBATE ADJOURNED

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

SECTION 18M--DEBATE ADJOURNED

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

SECTION 18N--DEBATE ADJOURNED

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

SECTION 19--DEBATE ADJOURNED

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

SECTION 19A--DEBATE ADJOURNED

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

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23--AMENDED AND ADOPTED

Rep. WELLS proposed the following Amendment No. 31 (Doc Name L:\h-wm\legis\amend\CJ), which was adopted.

Amend the bill, as and if amended, Part IB, Section 23, Deaf and Blind, Page 563, Paragraph 4, right column, Line 32, by striking the proviso in its entirety.

Renumber sections & amend totals/title to conform.

Rep. WELLS explained the amendment.

The amendment was then adopted.

Rep. BOAN explained the section.

Section 23 as amended was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26--AMENDED AND ADOPTED

Reps. WAITES, GONZALES and STILLE proposed the following Amendment No. 93 (Doc Name L:\council\legis\amend\JIC\5714HTC.94), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 26, State Library, Paragraph 1, page 566, left column, by striking beginning on line 28: /To receive this aid, local library support shall not be less than the amount actually expended for library operations from local sources in the second preceding year./

Renumber sections & amend totals/title to conform.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

Section 26 as amended was adopted.

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29--ADOPTED

Rep. MOODY-LAWRENCE proposed the following Amendment No. 84 (Doc Name L:\h-wm\legis\amend\VC.014), which was tabled.

Amend the bill, as and if amended, Part IB, Section 29, DHHS, Page 569, by adding an appropriately numbered paragraph to read /OF the funds appropriated herein, DHHS shall implement a Medically Needy Program effective October 1, 1994. This program shall assist those persons whose medical bills exhaust their income. Individuals eligible under this coverage group are entitled to receive all of the Medicaid covered services which are available to other Medicaid recipients./

Renumber sections & amend totals/title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. MOODY-LAWRENCE spoke in favor of the amendment.

Rep. MATTOS spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 47 to 45.

Section 29 was adopted.

SECTION 30--AMENDED AND DEBATE ADJOURNED
AMENDMENT NO. 46--DEBATE ADJOURNED

Reps. WITHERSPOON, RISER and SHARPE proposed the following Amendment No. 46 (Doc Name L:\council\legis\amend\N05\7665BDW.94).

Amend the bill, as and if amended, Part IB, SECTION 30, page 573, line 26, paragraph 23, after the first sentence, by inserting:

/The fee must not be collected from agricultural operations involved in the production and processing of agricultural commodities and which do not sell water to their customers./

Renumber sections & amend totals/title to conform.

Rep. WITHERSPOON explained the amendment.

Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 30 to 57.

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

Reps. SHARPE, HARWELL, CHAMBLEE, McTEER, DAVENPORT, R. SMITH, RISER, STODDARD, D. WILDER, ROBINSON, MARCHBANKS, KOON, CARNELL, TROTTER, THOMAS, WITHERSPOON, WORLEY, WRIGHT, COBB-HUNTER, ASKINS, KELLEY, McELVEEN, G. BROWN and STONE proposed the following Amendment No. 45 (Doc Name L:\council\legis\amend\CYY\15842AC.94), which was adopted.

Amend the bill, as and if amended, Part IB, page 573, by deleting in the right-hand column lines 36-44 and on page 574, by deleting in the left-hand column lines 1-6 and inserting:

/Each public water supply shall pay the department a user fee of not more than fifty cents a month for each service connection based upon the number of service connections in use on July first of the state fiscal year in which the user fee is to be paid./

Renumber sections & amend totals/title to conform.

Rep. SHARPE explained the amendment.

Rep. HASKINS moved to table the amendment.

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

Yeas 27; Nays 76

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Askins
Bailey, J.             Baker                  Barber
Breeland               Brown, J.              Byrd
Cato                   Davenport              Fair
Farr                   Hallman                Harrell
Haskins                Holt                   Hutson
Jaskwhich              McMahand               Neal
Rogers                 Scott                  Vaughn
Waites                 Whipper                Wilkins

Total--27

Those who voted in the negative are:

Alexander, T.C.        Allison                Bailey, G.
Baxley                 Beatty                 Boan
Brown, G.              Brown, H.              Chamblee
Cobb-Hunter            Corning                Cromer
Delleney               Elliott                Gamble
Govan                  Graham                 Harrelson
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Hines
Hodges                 Houck                  Inabinett
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Koon
Lanford                Law                    Littlejohn
Marchbanks             Martin                 McAbee
McCraw                 McElveen               McKay
McTeer                 Meacham                Moody-Lawrence
Neilson                Phillips               Rhoad
Richardson             Riser                  Robinson
Rudnick                Sharpe                 Sheheen
Shissias               Simrill                Smith, R.
Snow                   Spearman               Stille
Stone                  Stuart                 Thomas
Trotter                Tucker                 Walker
Wells                  White                  Wilder, J.
Wilkes                 Williams               Witherspoon
Wofford                Worley                 Wright
Young, A.

Total--76

So, the House refused to table the amendment.

Rep. HASKINS spoke against the amendment.

Rep. WITHERSPOON spoke in favor of the amendment.

POINT OF ORDER

Rep. ROGERS raised the Point of Order that Amendment No. 45 was out of order in compliance with 11-11-440 of the Code in that it affected over 50 percent of the population.

Rep. BOAN stated that half of the population would not be served by this amendment even if you interpret the fee increase to be a tax increase.

The SPEAKER stated that there was a distinction between a user fee and a tax.

Rep. ROGERS, citing Black's Law Dictionary, Fifth Edition, stated that the term tax was defined as a pecuniary burden laid upon individuals or property to support the government, and is a payment exacted by legislative authority. He further stated that that was a primary definition referenced in re Mytinger, 31 F. Supp. 977, 978 and 979. He further stated that the amendment required the imposition of a pecuniary burden made upon the individuals and the House was going to require it as the legislative authority and that it was clearly in the nature of a tax.

The SPEAKER stated that there are approximately a million taps on public water systems in South Carolina and there are 3.1 million people in South Carolina.

Rep. HASKINS stated that everyone who lived in a home where there was a tap was affected by the increase.

The SPEAKER stated that 11-11-440 meant tax increases and new tax increases which would apply to over 50 percent of the population and that meant over 50 percent of the population would have to pay the tax and he overruled the Point of Order.

Rep. STILLE moved to adjourn debate upon the amendment.

Rep. BOAN moved to table the motion.

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

Yeas 66; Nays 42

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Askins
Bailey, G.             Baxley                 Boan
Brown, G.              Brown, H.              Canty
Chamblee               Cobb-Hunter            Corning
Delleney               Elliott                Gamble
Govan                  Harrelson              Harris, J.
Harris, P.             Harwell                Hines
Houck                  Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Martin                 McCraw
McKay                  McTeer                 Neal
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Sharpe                 Sheheen                Smith, D.
Smith, R.              Snow                   Spearman
Stone                  Stuart                 Thomas
Trotter                Tucker                 Waldrop
Walker                 White                  Wilder, J.
Wilkes                 Williams               Witherspoon
Worley                 Wright                 Young, A.

Total--66

Those who voted in the negative are:

Alexander, M.O.        Anderson               Bailey, J.
Baker                  Barber                 Breeland
Brown, J.              Byrd                   Cato
Clyborne               Cooper                 Cromer
Fair                   Farr                   Gonzales
Hallman                Harrell                Harvin
Haskins                Hutson                 Inabinett
Jaskwhich              Kirsh                  Mattos
McElveen               McMahand               Meacham
Moody-Lawrence         Robinson               Rogers
Rudnick                Scott                  Shissias
Simrill                Stille                 Vaughn
Waites                 Wells                  Whipper
Wilder, D.             Wilkins                Wofford

Total--42

So, the motion to adjourn debate was tabled.

Reps. VAUGHN, HUTSON and MEACHAM spoke against the amendment.

Rep. VAUGHN moved to adjourn debate upon the amendment.

POINT OF ORDER

Rep. BOAN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

Rep. MEACHAM moved to table the amendment.

POINT OF ORDER

Rep. McTEER raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the Chair.

The question then recurred to the adoption of the amendment.

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

Yeas 72; Nays 40

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Askins
Bailey, G.             Baxley                 Boan
Brown, G.              Brown, H.              Cobb-Hunter
Davenport              Delleney               Elliott
Felder                 Gamble                 Gonzales
Govan                  Graham                 Harrelson
Harris, J.             Harris, P.             Harrison
Harvin                 Harwell                Hines
Hodges                 Huff                   Inabinett
Jennings               Keegan                 Kelley
Keyserling             Klauber                Koon
Lanford                Law                    Littlejohn
Marchbanks             Martin                 McAbee
McCraw                 McLeod                 McTeer
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Sharpe
Sheheen                Smith, R.              Snow
Spearman               Stone                  Stuart
Sturkie                Thomas                 Trotter
Tucker                 Waldrop                Walker
White                  Wilder, D.             Wilder, J.
Wilkes                 Williams               Witherspoon
Wofford                Worley                 Wright

Total--72

Those who voted in the negative are:

Alexander, M.O.        Anderson               Bailey, J.
Baker                  Barber                 Beatty
Breeland               Brown, J.              Byrd
Canty                  Cato                   Chamblee
Cooper                 Cromer                 Fair
Farr                   Fulmer                 Hallman
Harrell                Haskins                Holt
Hutson                 Jaskwhich              Kirsh
Mattos                 McMahand               Meacham
Moody-Lawrence         Rogers                 Rudnick
Scott                  Shissias               Simrill
Stille                 Vaughn                 Waites
Wells                  Whipper                Wilkins
Young, A.

Total--40

So, the amendment was adopted.

Reps. STILLE, CHAMBLEE, COOPER, ROBINSON, ALLISON and WALKER proposed the following Amendment No. 135 (Doc Name L:\h-wm\legis\amend\DC.027), which was tabled.

Amend the bill, as and if amended, Part IB, Section 30, DHEC, Paragraph 23, Page 573, by striking in its entirety the paragraph.

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. COOPER spoke in favor of the amendment.

Rep. BOAN spoke against the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 66; Nays 48

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Barber
Boan                   Breeland               Brown, G.
Canty                  Cobb-Hunter            Corning
Delleney               Elliott                Farr
Felder                 Gamble                 Gonzales
Govan                  Harrelson              Harris, J.
Harvin                 Harwell                Hines
Hodges                 Holt                   Houck
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Koon
McAbee                 McCraw                 McElveen
McLeod                 McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Richardson             Riser
Rudnick                Scott                  Sharpe
Sheheen                Snow                   Spearman
Stoddard               Stone                  Stuart
Sturkie                Tucker                 Waites
Waldrop                Whipper                White
Wilder, J.             Wilkes                 Williams
Witherspoon            Worley                 Wright

Total--66

Those who voted in the negative are:

Alexander, T.C.        Allison                Anderson
Bailey, G.             Bailey, J.             Baker
Baxley                 Beatty                 Brown, H.
Brown, J.              Byrd                   Cato
Chamblee               Clyborne               Cooper
Davenport              Fair                   Fulmer
Graham                 Hallman                Harris, P.
Haskins                Huff                   Hutson
Jaskwhich              Klauber                Lanford
Law                    Littlejohn             Marchbanks
Mattos                 McMahand               Meacham
Robinson               Shissias               Simrill
Smith, D.              Smith, R.              Stille
Thomas                 Trotter                Vaughn
Walker                 Wells                  Wilder, D.
Wilkins                Wofford                Young, A.

Total--48

So, the amendment was tabled.

Rep. ROBINSON proposed the following Amendment No. 112 (Doc Name L:\h-wm\legis\amend\DC.019), which was tabled.

Amend the bill, as and if amended, Part IB, Section 30, DHEC, Paragraph 23, Page 574, Line 7, by adding /Funds generated from the drinking water fee shall not be used for the purchase of equipment or for adding personnel to perform work which the private sector bids on or is willing to bid on./

Renumber sections & amend totals/title to conform.

Rep. ROBINSON explained the amendment.

Rep. SHARPE spoke against the amendment.

Rep. SHARPE moved to table the amendment.

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

Yeas 67; Nays 28

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Baxley                 Boan
Breeland               Brown, G.              Brown, H.
Byrd                   Canty                  Corning
Cromer                 Delleney               Elliott
Felder                 Fulmer                 Gamble
Govan                  Graham                 Harrelson
Harris, J.             Harris, P.             Harwell
Hines                  Houck                  Inabinett
Jennings               Keegan                 Kelley
Keyserling             Kirsh                  Koon
Martin                 McAbee                 McCraw
McLeod                 McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Richardson             Riser
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Smith, R.
Snow                   Spearman               Stoddard
Stone                  Stuart                 Tucker
Waites                 Waldrop                Whipper
White                  Wilder, D.             Wilder, J.
Wilkes                 Williams               Witherspoon
Worley

Total--67

Those who voted in the negative are:

Allison                Anderson               Baker
Barber                 Cato                   Chamblee
Cooper                 Davenport              Fair
Farr                   Hallman                Haskins
Hutson                 Jaskwhich              Klauber
Lanford                Law                    Littlejohn
Marchbanks             Meacham                Quinn
Robinson               Simrill                Smith, D.
Stille                 Trotter                Wells
Wilkins

Total--28

So, the amendment was tabled.

AMENDMENT NO. 46--TABLED

Debate was resumed on Amendment No. 46, by Reps. WITHERSPOON, et al.

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

AMENDMENT NO. 151--DEBATE ADJOURNED

Rep. McABEE proposed the following Amendment No. 151 (Doc Name L:\h-wm\legis\amend\VC.028).

Amend the bill, as and if amended, Part IB, Section 30, DHEC, Page 576, by adding an appropriately numbered paragraph to read: /__. DHEC is authorized to permanently waive collection of per day administrative fees for Medicaid nursing home beds./

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.

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

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

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

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

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

LEAVE OF ABSENCE

The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.

H. 4820--AMENDED AND INTERRUPTED DEBATE

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

H. 4820
GENERAL APPROPRIATION BILL
PART IB
SECTION 31

Section 31 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 114 (Doc Name L:\h-wm\legis\amend\DH.009), which was adopted.

Amend the bill, as and if amended, Part IB, Section 34, Department of Public Safety, Page 579, by adding an appropriately numbered paragraph to read: /In consultation with the House Ways and Means Committee and the Senate Finance Committee, the Department of Public Safety is authorized to realign it's fiscal year 1994-95 appropriations into a revised structure to reflect actual program operations./

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Section 34 as amended was adopted.

SECTION 35--AMENDED AND ADOPTED

Reps. GAMBLE, STUART, SHISSIAS, PHILLIPS and McCRAW proposed the following Amendment No. 71 (Doc Name L:\council\legis\amend\GJK\20586SD.94), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 35, which begins on page 579, by adding an appropriately numbered paragraph to read:

/____.     On January 1, 1995, the Food Stamp Fraud Unit of the Department of Social Services is hereby transferred to the Attorney General's office, and the duties, powers, and functions of the Food Stamp Fraud Unit, as provided by law, are devolved upon the office of the Attorney General on this date. On January 1, 1995, the employees, appropriations, and property of the Food Stamp Fraud Unit of the Department of Social Services also are transferred to and become a part of the office of the Attorney General in the manner the Budget and Control Board shall provide./

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

Rep. J. BROWN moved to table the amendment.

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

Yeas 13; Nays 48

Those who voted in the affirmative are:

Brown, G.              Brown, J.              Harrelson
Hines                  Keyserling             McAbee
McMahand               McTeer                 Moody-Lawrence
Neal                   Rhoad                  Whipper
Wilder, J.

Total--13

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Barber                 Baxley
Brown, H.              Clyborne               Cooper
Elliott                Fair                   Gamble
Gonzales               Graham                 Hallman
Harris, P.             Harrison               Haskins
Keegan                 Kelley                 Kinon
Kirsh                  Law                    Littlejohn
Marchbanks             McLeod                 Quinn
Richardson             Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stoddard               Stone
Stuart                 Thomas                 Trotter
Tucker                 Walker                 Wells
Wilder, D.             Wilkins                Witherspoon
Wofford                Worley                 Young, A.

Total--48

So, the House refused to table the amendment.

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

Section 35 as amended was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 41--DEBATE ADJOURNED

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

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49--AMENDED AND ADOPTED

Reps. HOLT, INABINETT, J. BAILEY, HARRELL, FULMER, BREELAND and GONZALES proposed the following Amendment No. 147 (Doc Name L:\h-wm\legis\amend\DC.028), which was adopted.

Amend the Bill, as and if amended, Part Ib, Section 49, PRT, Page 588, Line 11, by adding an appropriately numbered paragraph to read /The Department of Parks, Recreation and Tourism shall provide $112,944 for the repair of the Old Exchange Building from admission tax revenues./

Renumber sections & amend totals/title to conform.

Rep. HOLT explained the amendment.

Rep. McABEE spoke against the amendment.

Rep. GONZALES spoke in favor of the amendment.

Rep. KELLEY moved to table the amendment.

Rep. T.C. ALEXANDER demanded the yeas and nays, which were taken resulting as follows:

Yeas 41; Nays 52

Those who voted in the affirmative are:

Baxley                 Boan                   Chamblee
Cooper                 Delleney               Gamble
Graham                 Hallman                Harris, J.
Harris, P.             Keegan                 Kelley
Kinon                  Kirsh                  Lanford
Littlejohn             Marchbanks             Martin
McAbee                 McCraw                 McElveen
McKay                  McLeod                 McTeer
Meacham                Moody-Lawrence         Riser
Robinson               Rogers                 Sheheen
Simrill                Snow                   Spearman
Thomas                 Trotter                Tucker
Waldrop                Wells                  Witherspoon
Wofford                Worley

Total--41

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baker                  Barber                 Breeland
Brown, H.              Brown, J.              Canty
Carnell                Cato                   Corning
Cromer                 Farr                   Gonzales
Govan                  Harrell                Harrelson
Harrison               Harvin                 Haskins
Hines                  Holt                   Hutson
Inabinett              Kennedy                Keyserling
Klauber                Koon                   Law
McMahand               Neal                   Quinn
Rhoad                  Richardson             Rudnick
Scott                  Sharpe                 Shissias
Smith, D.              Smith, R.              Stille
Stoddard               Stone                  Stuart
Sturkie                Vaughn                 Walker
Whipper                Wilder, J.             Williams
Young, R.

Total--52

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 47 to 45.

Reps. ASKINS, HARWELL, BREELAND, J. BROWN, G. BROWN, BEATTY, HINES, KENNEDY, BYRD, KINON, GOVAN, ELLIOTT, HARVIN, WHIPPER, CANTY, SNOW and HOUCK proposed the following Amendment No. 154 (Doc Name L:\h-wm\legis\amend\FF.011), which was rejected.

Amend the bill, as and if amended, Part IB, Section 49, PRT, Page 588, Line 11, by adding an appropriately numbered paragraph to read /Of the funds appropriated in Section 49 (IX. Regional Promotion Commissions), up to $100,000 must be used to complete a monument for Ron McNair./

Renumber sections & amend totals/title to conform.

Rep. ASKINS explained the amendment.

POINT OF ORDER

Rep. KELLEY raised the Point of Order that Amendment No. 154 was out of order as it was not germane.

The SPEAKER stated that it was germane as it related to the $667,000 figure on page 404 of the Bill in Part IA, Section 49 and he overruled the Point of Order.

Rep. McABEE spoke against the amendment.

Rep. KENNEDY spoke in favor of the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 49; Nays 56

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Baker
Boan                   Brown, H.              Carnell
Chamblee               Clyborne               Cromer
Davenport              Fair                   Felder
Gamble                 Graham                 Hallman
Harris, J.             Harris, P.             Harrison
Haskins                Hodges                 Kelley
Kirsh                  Koon                   Law
Littlejohn             Marchbanks             McAbee
McCraw                 McTeer                 Meacham
Neilson                Quinn                  Riser
Robinson               Rudnick                Sharpe
Sheheen                Shissias               Simrill
Spearman               Stuart                 Trotter
Tucker                 Waldrop                Walker
Wells                  Wilder, D.             Witherspoon
Wright

Total--49

Those who voted in the negative are:

Alexander, T.C.        Anderson               Askins
Bailey, J.             Barber                 Baxley
Beatty                 Breeland               Brown, G.
Brown, J.              Byrd                   Canty
Cobb-Hunter            Cooper                 Delleney
Elliott                Farr                   Gonzales
Govan                  Harrell                Harrelson
Harvin                 Harwell                Hines
Holt                   Houck                  Huff
Inabinett              Jaskwhich              Keegan
Kennedy                Keyserling             Kinon
Lanford                Martin                 McElveen
McLeod                 McMahand               Moody-Lawrence
Neal                   Phillips               Rogers
Scott                  Smith, R.              Snow
Stille                 Stoddard               Stone
Vaughn                 Waites                 Whipper
White                  Wilder, J.             Williams
Worley                 Young, R.

Total--56

So, the House refused to table the amendment.

Rep. BOAN spoke against the amendment.

Rep. LANFORD moved to adjourn debate upon the amendment.

Rep. NEAL moved to table the motion, which was agreed to.

The question then recurred to the adoption of the amendment.

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

Yeas 49; Nays 58

Those who voted in the affirmative are:

Anderson               Askins                 Bailey, J.
Barber                 Baxley                 Beatty
Breeland               Brown, G.              Brown, J.
Byrd                   Canty                  Cooper
Delleney               Elliott                Felder
Gonzales               Govan                  Harrell
Harrelson              Harvin                 Harwell
Hines                  Hodges                 Houck
Huff                   Inabinett              Kennedy
Keyserling             Kinon                  Klauber
Lanford                McElveen               McLeod
McMahand               Moody-Lawrence         Neal
Phillips               Scott                  Smith, R.
Snow                   Stoddard               Stone
Waites                 Walker                 Whipper
White                  Wilder, J.             Williams
Young, R.

Total--49

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Allison
Baker                  Boan                   Brown, H.
Carnell                Chamblee               Clyborne
Corning                Cromer                 Davenport
Fair                   Gamble                 Graham
Hallman                Harris, J.             Harris, P.
Harrison               Haskins                Jaskwhich
Keegan                 Kelley                 Kirsh
Koon                   Law                    Littlejohn
Marchbanks             Martin                 McAbee
McCraw                 McKay                  McTeer
Meacham                Neilson                Quinn
Richardson             Riser                  Robinson
Rudnick                Sharpe                 Sheheen
Simrill                Smith, D.              Spearman
Stille                 Stuart                 Thomas
Trotter                Tucker                 Vaughn
Waldrop                Wells                  Wilder, D.
Wilkins                Witherspoon            Worley
Wright

Total--58

So, the amendment was rejected.

Section 49 as amended was adopted.

SECTION 50

Section 50 was adopted.

SECTION 54

Section 54 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 8 (Doc Name L:\h-wm\legis\amend\DM.ESR), which was adopted.

Amend the bill, as and if amended, Part IB, Section 56, Workers Comp. Commission, Page 590, by adding an appropriately numbered paragraph to read /All revenue earned from educational seminars shall be retained by the agency to be used for the printing of educational materials and other expenses related to conducting the seminar/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Section 56 as amended was adopted.

SECTION 57

Section 57 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63

Section 63 was adopted.

SECTION 64--ADOPTED

Rep. ROBINSON proposed the following Amendment No. 136 (Doc Name L:\h-wm\legis\amend\DC.026), which was tabled.

Amend the bill, as and if amended, Part IB, Section 64, Dept of Revenue, Page 593, Line 30, by adding an appropriately numbered paragraph to read /The functions of the former Board of Economic Advisors are hereby devolved upon the Department of Revenue and Taxation./

Renumber sections & amend totals/title to conform.

Rep. ROBINSON explained the amendment.

Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 48 to 34.

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67

Section 67 was adopted.

SECTION 68

Section 68 was adopted.

SECTION 69A

Section 69A was adopted.

SECTION 69B

Section 69B was adopted.

SECTION 70

Section 70 was adopted.

SECTION 129--AMENDED AND ADOPTED

Rep. ROBINSON proposed the following Amendment No. 144 (Doc Name L:\h-wm\legis\amend\DH.020), which was adopted.

Amend the bill, as and if amended, Part IB, Section 129, General and Temporary, by adding an appropriately numbered paragraph to read / Effective July 1, 1994, no attorney, or individual with whom he is associated or business with which he is associated shall be retained with state, federal or other funds appropriated herein, including funds of the Insurance Reserve Fund administered by the Division of Insurance Services of the Budget and Control Board, if such attorney, or individual with whom he is associated or business with which he is associated or immediate family member makes a contribution in excess of one thousand dollars $1,000 to the campaign fund of the Attorney General/

Renumber sections & amend totals/title to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. HARRELSON raised the Point of Order that Amendment No. 144 was out of order as it was not germane.

Rep. ROBINSON argued contra the Point.

The SPEAKER stated that it met the test of germaneness as it was a restriction on the Insurance Reserve Fund which was a specific line item and the overruled the Point of Order.

Rep. ROBINSON continued speaking.

The question then recurred to the adoption of the amendment.

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

The amendment was then adopted by a division vote of 51 to 16.

Reps. GAMBLE, STUART, CROMER, SHISSIAS and PHILLIPS proposed the following Amendment No. 72 (Doc Name L:\council\legis\amend\GJK\20588SD.94), which was adopted.

Amend the bill, as and if amended, Part IB, paragraph 38, which begins on page 607, by adding a new subsection N. to read:

/N.     No state funds may be used to purchase first class airline tickets./

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 133 (Doc Name L:\council\legis\amend\JIC\5719HTC.94), which was adopted.

Amend the bill, as and if amended, Part IB, Section 129, General and Temporary, page 607, right column, paragraph 38.A, line 27, by inserting before the period /but the total reimbursement for lodging and meals may not exceed the maximum daily allowance applicable for federal employees while on official business/.

Renumber sections & amend totals/title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted by a division vote of 61 to 11.

Rep. HUTSON proposed the following Amendment No. 177 (Doc Name L:\h-wm\legis\amend\FR.009), which was rejected.

Amend the bill, as and if amended, Part IB, Section 129, General and Temporary, Page 613, Paragraph 62, Line 37, right column, by inserting /using the funds appropriated under office services other operating expenses, the Department of Revenue and Taxation shall identify and calculate any income tax overpayment as a result of the Davis v. Michigan case to any federal retiree or eligible beneficiary for tax years 1985, 1986, 1987, and 1988 who did not receive a refund under the terms of the settlement of the class action suit related to this matter for any or all of these tax years. Notwithstanding any other provision of law the department shall then refund any overpayment due to this proviso by June 30, 1995/

Renumber sections & amend totals/title to conform.

Rep. HUTSON explained the amendment.

Rep. McABEE moved to table the amendment.

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

Yeas 21; Nays 76

Those who voted in the affirmative are:

Alexander, M.O.        Askins                 Boan
Carnell                Elliott                Gamble
Harris, J.             Harris, P.             Hodges
Huff                   Jaskwhich              Kennedy
Kirsh                  Martin                 Mattos
McAbee                 McCraw                 McTeer
Phillips               Rogers                 Sheheen

Total--21

Those who voted in the negative are:

Alexander, T.C.        Allison                Anderson
Bailey, J.             Baker                  Barber
Baxley                 Beatty                 Breeland
Brown, H.              Brown, J.              Byrd
Cato                   Chamblee               Clyborne
Cooper                 Davenport              Delleney
Farr                   Fulmer                 Gonzales
Graham                 Hallman                Harrell
Harrelson              Harrison               Harvin
Haskins                Hines                  Hutson
Inabinett              Jennings               Keegan
Kelley                 Keyserling             Klauber
Koon                   Lanford                Law
Littlejohn             Marchbanks             McKay
McLeod                 McMahand               Meacham
Moody-Lawrence         Neal                   Neilson
Quinn                  Riser                  Robinson
Rudnick                Scott                  Sharpe
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stone                  Stuart
Sturkie                Thomas                 Trotter
Walker                 Whipper                Wilder, D.
Wilder, J.             Williams               Witherspoon
Wofford                Worley                 Wright
Young, R.

Total--76

So, the House refused to table the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHEHEEN spoke against the amendment.

Rep. HUTSON spoke in favor of the amendment.

Rep. SHEHEEN spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 41; Nays 67

Those who voted in the affirmative are:

Bailey, J.             Baker                  Barber
Baxley                 Brown, H.              Clyborne
Corning                Davenport              Fair
Fulmer                 Gonzales               Hallman
Harrell                Harrelson              Harrison
Harvin                 Harwell                Hines
Hutson                 Kennedy                Keyserling
Klauber                Koon                   Law
McLeod                 Meacham                Moody-Lawrence
Quinn                  Richardson             Riser
Rudnick                Sharpe                 Shissias
Simrill                Stone                  Sturkie
Vaughn                 Wofford                Wright
Young, A.              Young, R.

Total--41

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Askins
Bailey, G.             Boan                   Breeland
Carnell                Cato                   Chamblee
Cobb-Hunter            Cromer                 Delleney
Elliott                Farr                   Felder
Gamble                 Govan                  Graham
Harris, J.             Harris, P.             Haskins
Hodges                 Holt                   Houck
Huff                   Inabinett              Jaskwhich
Jennings               Keegan                 Kelley
Kirsh                  Littlejohn             Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McElveen               McKay
McTeer                 Neal                   Neilson
Phillips               Rhoad                  Robinson
Rogers                 Scott                  Sheheen
Snow                   Spearman               Stille
Stoddard               Stuart                 Thomas
Trotter                Tucker                 Waites
Waldrop                Wells                  White
Wilder, D.             Wilder, J.             Wilkes
Wilkins                Williams               Witherspoon
Worley

Total--67

So, the amendment was rejected.

Reps. WOFFORD, A. YOUNG, VAUGHN, WILKINS, HOWELL, MEACHAM HALLMAN, and HODGES proposed the following Amendment No. 178 (Doc Name L:\h-wm\legis\amend\DH.025), which was adopted.

Amend the bill, as and if amended, Part IB, Section 129, General Proviso's, Page 608, Paragraph 38F, Line 32, by striking and inserting a new paragraph to read: /No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while traveling in the county of his official residence. When traveling on official business of said court within 50 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State. When traveling on official business of said Court 50 or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this Act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State. The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.

Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in paragraph A of this section./

Amend further, Paragraph 38G, Page 608, Line 14, Right Column, by striking it in its entirety and inserting a new paragraph to read: /No subsistence reimbursements are allowed to a Circuit Judge or a Family Court Judge while holding court within the county in which he resides. While holding court or on other official business outside the County, but within the circuit in which he resides and within fifty miles of his residence, a Circuit Court Judge or Family Court Judge is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business at a location fifty miles or more from his residence, a Circuit Court or Family Court Judge is entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly./

Renumber sections & amend totals/title to conform.

Rep. WOFFORD explained the amendment.

SPEAKER IN CHAIR

Rep. WOFFORD continued speaking.

The amendment was then adopted.

Section 129 as amended was adopted.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. BOAN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.

PART IA
SECTION 3A--ADOPTED

Debate was resumed on Section 3A.

Section 3A was adopted.

SECTION 4A--AMENDED AND ADOPTED

Debate was resumed on Section 4A.

Reps. HODGES and WILKINS proposed the following Amendment No. 44 (Doc Name L:\h-wm\legis\amend\VC.008), which was adopted.

Amend the bill, as and if amended, Part IA, Section Section 4A, Judicial Department, Page 25, Line 11, Opposite /Total Personal Service/ by decreasing the amount in columns (5) and (6) by /189,000/

Amend Further

Page 25, Line 12, Opposite /Other Operating Expenses/ by decreasing the amount in columns (5) and (6) by /184,500/

Renumber sections & amend totals/title to conform.

Rep. WILKINS explained the amendment.

Rep. ROGERS spoke against the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. ROGERS spoke in favor of the amendment.

Rep. McELVEEN spoke in favor of the amendment.

The amendment was then adopted.

Reps. WILKINS, HODGES, FELDER, ROGERS and BOAN proposed the following Amendment No. 81 (Doc Name L:\h-wm\legis\amend\DH.JBA), which was adopted.

Amend the bill, as and if amended, Part IA, Section 4A, Judicial, Page 26, Line 25, Opposite /Other Operating Expenses, by increasing the amounts in columns (5) and (6) by /$277,935/

Renumber sections & amend totals/title to conform.

Rep. WILKINS explained the amendment.

The amendment was then adopted.

Section 4A as amended was adopted.

SECTION 6A--ADOPTED

Debate was resumed on Section 6A.

Section 6A was adopted.

SECTION 6B--AMENDED AND ADOPTED

Debate was resumed on Section 6B.

Rep. M.O. ALEXANDER proposed the following Amendment No. 20 (Doc Name L:\h-wm\legis\amend\DH.ICR), which was adopted.

Amend the bill, as and if amended, Part IA, Section 6B, SLED, Page 33, Line 35, Opposite /Other Operating Expense/ by increasing the amounts in Columns (5) and (6) by /100,000/

Renumber sections & amend totals/title to conform.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

Reps. FARR, GAMBLE, HODGES and PHILLIPS proposed the following Amendment No. 39 (Doc Name L:\h-wm\legis\amend\DH.VFL), which was tabled.

Amend the bill, as and if amended, Part IA, Section 6B, SLED, Page 34, Line 30, Opposite /Other Operating Expenses by increasing the amounts of Columns (5) and (6) by /629,000/

Renumber sections & amend totals/title to conform.

Rep. HODGES explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. FAIR a leave of absence to go to a funeral visitation.

Rep. HODGES continued speaking.

Rep. KIRSH spoke against the amendment.

Rep. FARR spoke in favor of the amendment.

Rep. KIRSH moved to table the amendment.

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

Yeas 54; Nays 53

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Anderson
Bailey, J.             Baker                  Barber
Beatty                 Boan                   Breeland
Brown, H.              Brown, J.              Byrd
Canty                  Carnell                Chamblee
Cobb-Hunter            Corning                Davenport
Fulmer                 Govan                  Hallman
Harrell                Harris, P.             Haskins
Holt                   Jaskwhich              Kennedy
Kirsh                  Law                    Marchbanks
McElveen               McMahand               Meacham
Moody-Lawrence         Neal                   Rhoad
Robinson               Rogers                 Rudnick
Scott                  Sharpe                 Sheheen
Simrill                Smith, R.              Stille
Stone                  Trotter                Vaughn
Wells                  Whipper                White
Wilkes                 Wilkins                Williams

Total--54

Those who voted in the negative are:

Alexander, T.C.        Askins                 Bailey, G.
Baxley                 Cromer                 Delleney
Farr                   Felder                 Gamble
Graham                 Harrelson              Harris, J.
Harrison               Harvin                 Harwell
Hodges                 Houck                  Jennings
Keegan                 Kelley                 Keyserling
Kinon                  Koon                   Lanford
Martin                 Mattos                 McAbee
McCraw                 McKay                  McLeod
McTeer                 Neilson                Phillips
Richardson             Riser                  Shissias
Snow                   Spearman               Stoddard
Stuart                 Sturkie                Thomas
Tucker                 Waites                 Waldrop
Walker                 Wilder, D.             Wilder, J.
Witherspoon            Wofford                Wright
Young, A.              Young, R.

Total--53

So, the amendment was tabled.

Rep. SPEARMAN proposed the following Amendment No. 207 (Doc Name L:\h-wm\legis\amend\DH.030), which was tabled.

Amend the bill, as and if amended, Part IA, Section 6B, SLED, Page 33, Line 32, opposite /Other Operating/ by increasing the amount in columns (5) and (6) by / 1,550,000 /

Renumber sections & amend totals/title to conform.

Rep. SPEARMAN explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. SPEARMAN spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

The amendment was then tabled by a division vote of 63 to 24.

Section 6B as amended was adopted.

SECTION 12--AMENDED AND ADOPTED

Debate was resumed on Section 12.

Reps. FELDER, CLYBORNE, HARWELL, TUCKER, JENNINGS, HARRISON, WILKINS and HODGES proposed the following Amendment No. 194 (Doc Name L:\h-wm\legis\amend\DH.016), which was adopted.

Amend the bill, as and if amended, Part IA, Section 12, Prosecution Commission, Page 50, Line 15, opposite /Judicial Circuit State Support/ by increasing the amounts in Columns (5) and (6) by /291,320/

Renumber sections & amend totals/title to conform.

Rep. FELDER explained the amendment.

The amendment was then adopted.

Section 12 as amended was adopted.

SECTION 19--DEBATE ADJOURNED

Debate was resumed on Section 19.

AMENDMENT NO. 200--DEBATE ADJOURNED

Rep. STUART proposed the following Amendment No. 200 (Doc Name L:\h-wm\legis\amend\FR.020).

Amend the bill, as and if amended, Part IA, Section 19, Education, Page 246, by inserting a new line after line 37 /Aid to Districts - School Board Orientation/ and inserting in Columns (5) and (6) by /$10,000/

Renumber sections & amend totals/title to conform.

Rep. STUART explained the amendment.

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

AMENDMENT NO. 214--DEBATE ADJOURNED

Rep. CORNING proposed the following Amendment No. 214 (Doc Name L:\h-wm\legis\amend\DC.044).

Amend the bill, as and if amended, Part IA, Section 19, Dept. of Education, Page 0250, Line 12, Opposite /Other Operating Expenses/ by increasing the amounts in Columns (5) and (6) by /4,315,000/

Renumber sections & amend totals/title to conform.

Rep. CORNING explained the amendment and moved to adjourn debate upon the amendment, which was rejected.

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

SECTION 29--ADOPTED

Debate was resumed on Section 29.

Reps. McELVEEN and SHISSIAS proposed the following Amendment No. 211 (Doc Name L:\h-wm\legis\amend\VC.030), which was tabled.

Amend the bill, as and if amended, Part IA, Section 29, Page 290, Line 39, Opposite /Hospital Services/ by decreasing the amount in column (5) by /2,396,439/ and in column (6) by /700,000/.

Renumber sections & amend totals/title to conform.

Rep. McELVEEN explained the amendment.

Rep. MOODY-LAWRENCE moved to table the amendment, which was agreed to by a division vote of 54 to 35.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 77 (Doc Name L:\h-wm\legis\amend\VC.010), which was tabled.

Amend the bill, as and if amended, Part IA, Section 29, DHHS, Page 290, Line 39, Opposite /Hospital Services/ by increasing the amount in column (5) by /$3,750,000/ and column (6) by /$1,095,375/

Amend further, Page 291, Line 4, Opposite /Physician Services/ by increasing the amount in column (5) by /$3,750,000/ and column (6) by /$1,095,375/

Renumber sections & amend totals/title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

Rep. MATTOS moved to table the amendment.

Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 37

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Askins
Bailey, J.             Barber                 Baxley
Brown, H.              Carnell                Cato
Chamblee               Clyborne               Cooper
Cromer                 Delleney               Farr
Felder                 Fulmer                 Gamble
Graham                 Hallman                Harris, J.
Harris, P.             Harrison               Haskins
Hodges                 Houck                  Jennings
Kelley                 Kirsh                  Koon
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McKay                  McTeer
Meacham                Rhoad                  Richardson
Riser                  Robinson               Rogers
Sharpe                 Sheheen                Shissias
Simrill                Smith, R.              Stone
Stuart                 Sturkie                Trotter
Tucker                 Vaughn                 Walker
Wells                  Wilkins                Witherspoon
Wofford                Worley                 Wright

Total--63

Those who voted in the negative are:

Anderson               Bailey, G.             Beatty
Breeland               Brown, G.              Byrd
Cobb-Hunter            Davenport              Harrelson
Harwell                Hines                  Holt
Hutson                 Inabinett              Keegan
Kennedy                Keyserling             Kinon
McMahand               Moody-Lawrence         Neal
Neilson                Phillips               Rudnick
Scott                  Snow                   Spearman
Stoddard               Thomas                 Waites
Waldrop                Whipper                White
Wilder, D.             Wilder, J.             Wilkes
Williams

Total--37

So, the amendment was tabled.

Rep. GAMBLE proposed the following Amendment No. 104 (Doc Name L:\h-wm\legis\amend\VC.005), which was tabled.

Amend the bill, as and if amended, Part IA, Section 29, DHHS, Page 291, Line 3, Opposite /Pharmaceutical Services/ by decreasing the amount in column (5) by /4,100,000/ and column (6) by /1,200,000/

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

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

Section 29 was adopted.

MOTION NOTED

Rep. GONZALES moved to reconsider the vote whereby Amendment No. 45 was adopted to Section 30, Part IB and the motion was noted.

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

MOTION NOTED

Rep. BOAN moved to reconsider the vote whereby Part IB Sections 1, 1A, 2, 2A, 4A, 6DD, 8, 9, 10, 12, 14, 15, 16, 17, 17C, 17E, 17P, 17R, 17S, 17T, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 37, 38, 39, 42, 43, 44, 45, 46, 47, 48, 49, 50, 54, 55, 56, 57, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69A, 69B, 70, 129, Part IA Sections 3A, 4A, 6A, 6B, 12 and 29 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill, Part IA, Section 31.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4862 -- Reps. Kennedy, Snow and Harvin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE GOVERNOR OF SOUTH CAROLINA, AND EACH MEMBER OF THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO IMMEDIATELY BEGIN EFFORTS TO HELP THE TOWN OF KINGSTREE AND WILLIAMSBURG COUNTY RECOVER FROM THE DEVASTATING NEWS THAT BAXTER HEALTHCARE CORPORATION WILL CLOSE ITS PLANT IN KINGSTREE OVER THE NEXT TWO YEARS PUTTING EIGHT HUNDRED THIRTY PEOPLE OUT OF WORK.

ADJOURNMENT

At 6:05 P.M. the House in accordance with the motion of Rep. ROGERS adjourned in memory of Elliott D. "Duby" Thompson, to meet at 9:30 A.M. tomorrow.

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This web page was last updated on Monday, June 29, 2009 at 3:34 P.M.