South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

TUESDAY, MARCH 4, 1997

Tuesday, March 4, 1997
(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:

Lord God, how inclined we are in focusing on things lacking in our lives. It is easy to complain about demands made upon us, to fret about our disappointments, and thus miss the blessing of living. Grant us Your help, then, to live this day and every day with thankful hearts, to take a grateful look at the good things in our lives and in the world around. Be merciful to our mistakes, forgive our wrongs, and help us celebrate our accomplishments.

Give us the determination to make our public worship shape our public lives. 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. J. BROWN moved that when the House adjourns, it adjourn in memory of Lt. Col. Dorcas J. Elledge (retired) of Ware Shoals, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3589 -- Reps. Bauer, F. Smith, J. Smith, Koon, Scott, Edge, Hawkins, Knotts, Quinn, Lloyd, Inabinett, Witherspoon, Gamble, Riser, Spearman, Byrd, Mack, Battle, McLeod, Bowers, Barfield and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 53 SO AS TO PROVIDE THE ISSUANCE OF "LAKE MURRAY" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF FEES COLLECTED.

Referred to Committee on Education and Public Works.

H. 3590 -- Reps. Gourdine, Altman, Breeland, Harrell, Cobb-Hunter, Bailey, Inabinett, H. Brown, Hinson, Law, Govan, Chellis, Mack, Stuart, Lloyd, Dantzler, Seithel, Limehouse, Felder, Whatley, Battle, Young-Brickell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-708 SO AS TO PROHIBIT IN GAME ZONE 6 THE USE OF ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE AND TO PROVIDE PENALTIES.

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

H. 3591 -- Reps. Harrison, D. Smith, Limbaugh, Wilkins, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Bowers, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Harrell, Harvin, Haskins, Hawkins, Hinson, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Maddox, Mason, McCraw, McKay, McMaster, Neilson, Phillips, Quinn, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell and Martin: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT THE "SOUTH CAROLINA PROPERTY RIGHTS ACT".

Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3592 -- Rep. Bailey: A CONCURRENT RESOLUTION TO RECOGNIZE FLAT STANLEY FOR VISITING THE SOUTH CAROLINA GENERAL ASSEMBLY ON TUESDAY, FEBRUARY 25, 1997, AND FOR SPENDING THE ENTIRE DAY WITH REPRESENTATIVE GEORGE H. BAILEY AND OTHER MEMBERS OF THE GENERAL ASSEMBLY.

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.

Allison                Altman                 Askins
Barfield               Barrett                Battle
Bauer                  Baxley                 Boan
Bowers                 Breeland               Brown, H.
Brown, J.              Campsen                Cato
Cave                   Chellis                Cobb-Hunter
Cooper                 Cotty                  Cromer
Dantzler               Edge                   Felder
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Harvin                 Haskins
Hawkins                Hinson                 Hodges
Inabinett              Jordan                 Keegan
Kelley                 Kinon                  Kirsh
Klauber                Knotts                 Koon
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
McMaster               Meacham                Moody-Lawrence
Mullen                 Neilson                Parks
Phillips               Pinckney               Rhoad
Rice                   Riser                  Rodgers
Sandifer               Sharpe                 Sheheen
Smith, D.              Smith, J.              Smith, R.
Stille                 Stoddard               Stuart
Townsend               Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 4.

James N. Law                      Steve P. Lanford
Leon Howard                       Richard M. Quinn, Jr.
J. Gary Simrill                   William Clyburn
Kenneth Kennedy                   Alma W. Byrd
Mack T. Hines                     Jackson S. Whipper
L. Hunter Limbaugh                George H. Bailey
Jesse E. Hines                    F.G. Delleney, Jr.
Douglas Jennings, Jr.             Molly M. Spearman
H.B. Limehouse III                Timothy C. Wilkes
Joseph H. Neal                    Marion P. Carnell
Daniel L. Tripp                   Ralph W. Canty
John L. Scott, Jr.                G. Ralph Davenport, Jr.
Scott Beck                        Theodore A. Brown
Michael E. Easterday              Lynn Seithel
Vida Osteen Miller                Alfred B. Robinson, Jr.
David James Mack III              Fletcher Nathaniel Smith, Jr.
Grady A. Brown
Total Present--123

LEAVES OF ABSENCE

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

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

DOCTOR OF THE DAY

Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.

H. 3400--AMENDED AND INTERRUPTED DEBATE

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

H. 3400 -- GENERAL APPROPRIATION BILL
PART IA
SECTION 19--AMENDED AND ADOPTED

Debate was resumed on Section 19.

Rep. J. SMITH proposed the following Amendment No. 2 (Doc Name P:\AMEND\008\FULLIMPKIND8), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 15, line 22, opposite /FULL DAY KINDERGARTEN/ by increasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     13,767,686     13,767,686

()     ()/

Amend the bill further, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 15, line 23, opposite /FULL DAY - FRINGE BENEFITS/ by increasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     3,719,380     3,719,380

()     ()/

Amend the bill further, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 7, line 2, opposite /FULL DAY KINDERGARTEN TEACHER SALARY/ by increasing the amount(s) in Column 5 by:

Column 5     Column 6

/     621,069/

Amend the bill further, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 7, line 3, opposite /FULL DAY - FRINGE BENEFITS/ by increasing the amount(s) in Column 5 by:

Column 5     Column 6

/     107,669/

Renumber sections and amend totals/title to conform.

Rep. J. SMITH explained the amendment.

Rep. HOWARD spoke in favor of the amendment.

Reps. LITTLEJOHN and D. SMITH spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 71; Nays 41

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Bauer
Beck                   Boan                   Brown, H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Jordan
Keegan                 Kelley                 Kinon
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limbaugh               Limehouse              Littlejohn
Loftis                 Martin                 Mason
McKay                  McMaster               Meacham
Neilson                Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Stille                 Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--71

Those who voted in the negative are:

Battle                 Baxley                 Bowers
Breeland               Brown, G.              Brown, J.
Cave                   Clyburn                Cobb-Hunter
Cromer                 Gourdine               Govan
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Kirsh
Lee                    Lloyd                  Mack
Maddox                 McCraw                 McLeod
McMahand               Miller                 Moody-Lawrence
Mullen                 Neal                   Parks
Phillips               Pinckney               Scott
Sheheen                Smith, F.              Smith, J.
Stoddard               Wilder

Total--41

So, the amendment was tabled.

Reps. BAXLEY, NEILSON and J. HINES proposed the following Amendment No. 90 (Doc Name P:\AMEND\008\GOVMS.008), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Dept. Of Education, page 14, line 37, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     $300,000     $300,000/

Renumber sections and amend totals/title to conform.

Rep. BAXLEY explained the amendment.

Rep. HARRELL moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Yeas 74; Nays 32

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Bauer                  Beck                   Boan
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Cromer                 Dantzler               Easterday
Edge                   Felder                 Fleming
Gamble                 Hamilton               Harrell
Harrison               Hawkins                Hinson
Jordan                 Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limbaugh
Limehouse              Littlejohn             Loftis
Martin                 Mason                  McKay
McMaster               Meacham                Miller
Mullen                 Quinn                  Rhoad
Rice                   Riser                  Rodgers
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, R.
Stille                 Stuart                 Townsend
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--74

Those who voted in the negative are:

Baxley                 Breeland               Brown, G.
Brown, J.              Byrd                   Cave
Clyburn                Cobb-Hunter            Gourdine
Govan                  Harvin                 Haskins
Hines, J.              Hines, M.              Hodges
Inabinett              Jennings               Kinon
Lee                    Lloyd                  Maddox
McLeod                 McMahand               Moody-Lawrence
Neal                   Neilson                Parks
Phillips               Pinckney               Scott
Stoddard               Wilkes

Total--32

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 103 (Doc Name P:\AMEND\008\DARSEG.008), which was adopted.

Amend the bill, as and if amended, Part IA, Section 19, Dept. Of Education, page 16, line 36, opposite /DARLINGTON DESEGREGATION/ by decreasing the amount(s) in Column 5 and 6 by:

Column 1     Column 2

/     $500,000     $500,000/

Amend the bill further, as and if amended, Part IA, Section 19, Dept. Of Education, page 2, line 1, opposite /INSTRUCTIONAL MATERIAL/ by increasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     $500,000     $500,000/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. HARRELL spoke in favor of the amendment.

The amendment was then adopted.

Section 19 as amended was adopted.

SECTION 18C--ADOPTED

Rep. STILLE proposed the following Amendment No. 120 (Doc Name P:\AMEND\007\18C$FTE.007), which was tabled.

Amend the bill, as and if amended, Part IA, Section 18C, The Citadel, page 33, lines 6-7, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     $942,634     $942,634

(14.00)     (14.00)/

Amend the bill further, as and if amended, Part IA, Section 18C, The Citadel, page 40, line 32, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     $329,910     $329,910/

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

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

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

Yeas 93; Nays 15

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Campsen                Cato
Cave                   Chellis                Clyburn
Cobb-Hunter            Cotty                  Cromer
Delleney               Edge                   Felder
Fleming                Gamble                 Gourdine
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Hodges                 Inabinett              Jennings
Jordan                 Keegan                 Kelley
Kennedy                Kinon                  Knotts
Koon                   Law                    Leach
Lee                    Limbaugh               Limehouse
Lloyd                  Mack                   Mason
McCraw                 McKay                  McLeod
McMaster               Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Riser
Robinson               Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Smith, D.              Smith, J.
Smith, R.              Spearman               Stuart
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Woodrum                Young                  Young-Brickell

Total--93

Those who voted in the negative are:

Dantzler               Kirsh                  Klauber
Littlejohn             Loftis                 Maddox
Meacham                Rice                   Simrill
Smith, F.              Stoddard               Townsend
Trotter                Vaughn                 Walker

Total--15

So, the amendment was tabled.

Section 18C was adopted.

SECTION 18D--ADOPTED

Rep. STILLE proposed the following Amendment No. 150 (Doc Name P:\AMEND\007\18D$FTE.007), which was tabled.

Amend the bill, as and if amended, Part IA, Section 18D, Clemson University, page 42, line 6-7, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     9,288,895     9,288,895

(115.00)     (115.00)/

Amend the bill further, as and if amended, Part IA, Section 18D, Clemson University, page 47, line 39, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     $3,220,000     $3,220,000/

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. STILLE continued speaking.

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

Section 18D was adopted.

SPEAKER IN CHAIR
SECTION 18E--ADOPTED

Section 18E was adopted.

SECTION 18F

Section 18F was adopted.

SECTION 18G

Section 18G was adopted.

SECTION 18H

Section 18H was adopted.

SECTION 18J

Section 18J was adopted.

SECTION 18KA--ADOPTED

Rep. STILLE proposed the following Amendment No. 126 (Doc Name P:\AMEND\007\18KA$FTE.007), which was tabled.

Amend the bill, as and if amended, Part IA, Section 18KA, University of South Carolina, page 68, line 8-9, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     $17,028,480     $17,028,480

(245.00)     (245.00)/

Amend the bill further, as and if amended, Part IA, Section 18KA, University of South Carolina, page 70, line 12, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     $5,959,870     $5,959,870/

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. CROMER spoke against the amendment.

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

Section 18KA was adopted.

SECTION 18KB

Section 18KB was adopted.

SECTION 18KC

Section 18KC was adopted.

SECTION 18KD

Section 18KD was adopted.

SECTION 18KE

Section 18KE was adopted.

SECTION 18KF

Section 18KF was adopted.

SECTION 18KG

Section 18KG was adopted.

SECTION 18KH

Section 18KH was adopted.

SECTION 18L

Section 18L was adopted.

SECTION 18N

Rep. STILLE explained the section.

Section 18N was adopted.

SECTION 31

Section 31 was adopted.

SECTION 35

Section 35 was adopted.

MOTION NOTED

Rep. NEILSON moved to reconsider the vote whereby Amendment No. 103 in Section 19 was adopted and the motion was noted.

SECTION 49--ADOPTED

Rep. BOWERS proposed the following Amendment No. 110 (Doc Name P:\AMEND\001\49$PSE.001), which was tabled.

Amend the bill further, as and if amended, Part IA, Section 49, Parks, Recreation and Tourism, page 240, immediately after line 18, By inserting a new line to read:

Column 5     Column 6

/SPECIAL ITEM:

PARK SUPPORT

ENDOWMENT     $50,000/

Renumber sections and amend totals/title to conform.

Rep. BOWERS explained the amendment.

Rep. KOON moved to table the amendment, which was agreed to by a division vote of 59 to 28.

Section 49 was adopted.

SECTION 50--ADOPTED

Debate was resumed on Section 50.

Section 50 was adopted.

SECTION 51--ADOPTED

Section 51 was adopted.

SECTION 4B--ADOPTED

Section 4B was adopted.

SECTION 14--AMENDED AND ADOPTED

Debate was resumed on Section 14.

Reps. KNOTTS, BAUER, TROTTER, RISER, STUART, WHATLEY, KOON, KLAUBER and LIMBAUGH proposed the following Amendment No. 137 (Doc Name P:\AMEND\001\14$AIH.001), which was adopted.

Amend the bill, as and if amended, Part IA, Section 14, Comm. On Indigent Defense, page 275, line 5, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     $39,152     $39,152/

Amend the bill further, as and if amended, Part IA, Section 14, Comm. On Indigent Defense, page 275, immediately after line 29, By inserting a new line to read:

Column 5     Column 6

/LEXINGTON COUNTY
SHERIFF'S ALTERNATIVE INMATE
HOUSING PILOT PROJECT     $39,152     $39,152/

Renumber sections and amend totals/title to conform.

Rep. KNOTTS explained the amendment.

Rep. QUINN spoke in favor of the amendment.

The amendment was then adopted.

Section 14 as amended was adopted.

SECTION 34--ADOPTED

Debate was resumed on Section 34.

Section 34 was adopted.

SECTION 68A--ADOPTED

Section 68A was adopted.

SECTION 68B--ADOPTED

Section 68B was adopted.

PART IB
SECTION 18A--ADOPTED

Debate was resumed on Section 18A.

Rep. KIRSH proposed the following Amendment No. 89 (Doc Name P:\AMEND\007\18SINLGE.007), which was tabled.

Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Ed, page 441, paragraph 18, line 26 - to end, by striking:/Delete entire proviso/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. LITTLEJOHN moved to table the amendment, which was agreed to by a division vote of 62 to 19.

Rep. KIRSH proposed the following Amendment No. 87 (Doc Name P:\AMEND\007\18OUTSTA.007), which was tabled.

Amend the bill, as and if amended, Part IB, Section 18A, CHE, page 443, paragraph 19, line 35, by inserting:

/maintain one hundred percent of the total education and general cost for out-of-state undergraduate and out-of-state graduate students./

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 69 to 21.

Rep. HODGES proposed the following Amendment No. 104 (Doc Name P:\AMEND\007\18AHEPI2.007), which was tabled.

Amend the bill, as and if amended, Part IB, Section 18A, CHE, page 444, paragraph 26, line 29, by adding an appropriately numbered paragraph to read:

/THE COMMISSION ON HIGHER EDUCATION SHALL NOT ALLOCATE FORMULA FUNDS TO HIGHER EDUCATION INSTITUTIONS THAT INCREASE EDUCATIONAL AND GENERAL OPERATIONAL FEES FOR UNDERGRADUATE IN-STATE STUDENTS ABOVE THE PRIOR 2-YEAR AVERAGE OF THE HIGHER EDUCATION PRICE INDEX FOR COLLEGES AND UNIVERSITIES FOR FALL 1997./

Renumber sections and amend totals/title to conform.

Rep. HODGES explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 66; Nays 46

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Bauer                  Beck                   Boan
Brown, H.              Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Haskins                Hawkins
Hinson                 Jordan                 Keegan
Kennedy                Knotts                 Koon
Lanford                Law                    Leach
Limbaugh               Limehouse              Loftis
Martin                 Mason                  McKay
McMaster               Neilson                Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Smith, D.
Spearman               Stuart                 Tripp
Trotter                Vaughn                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--66

Those who voted in the negative are:

Battle                 Baxley                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Canty                  Cave
Cobb-Hunter            Delleney               Gourdine
Hines, J.              Hines, M.              Hodges
Inabinett              Jennings               Kinon
Kirsh                  Klauber                Lee
Littlejohn             Lloyd                  Mack
Maddox                 McCraw                 McLeod
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Parks
Pinckney               Scott                  Sheheen
Simrill                Smith, F.              Smith, J.
Stille                 Stoddard               Townsend
Walker                 Whipper                Wilder
Wilkes

Total--46

So, the amendment was tabled.

Section 18A was adopted.

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

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

SECTION 30--INTERRUPTED DEBATE

Debate was resumed on Section 30.

Rep. KIRSH proposed the following Amendment No. 142 (Doc Name P:\AMEND\002\RAPECRI.002), which was tabled.

Amend the bill, as and if amended, Part IB, Section 30, DHEC, page 453, paragraph 11, lines 9 to 13, by striking the proviso in its entirety.

Amend further on page 459, line 30 by adding an appropriately numbered paragraph to read:

/All state, federal and other funds which are distributed to the rape crisis centers around the state shall be distributed based on the following formula: Half of each year's appropriation will be equally allocated to each qualified center. The remaining appropriations will be awarded based equally upon each centers' service area population and square mileage. Expenditures will be monitored by DHEC/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

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

Rep. TOWNSEND proposed the following Amendment No. 115 (Doc Name P:\AMEND\005\30PMDR.005), which was tabled.

Amend the bill, as and if amended, Part IB, Section 30, Dept. Of Health and Environmental Control, page 459, line 30, by adding an appropriately numbered paragraph to read:

/(DHEC: DHEC Carry Forward Transfer) of the funds carried forward from FY 96-97, the Department of Health and Environmental Control shall transfer $591,078 to the Comptroller General's Office for reimbursement of Manufacturing Depreciation as follows: $192,212 to Anderson County School District 4, $205,361 Spartanburg School District 6 and $193,505 Lexington School District 1./

Renumber sections and amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

Reps. FELDER and LANFORD spoke against the amendment.

Reps. HAWKINS and TOWNSEND spoke in favor of the amendment.

Rep. LANFORD spoke against the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 62; Nays 45

Those who voted in the affirmative are:

Askins                 Bailey                 Barfield
Baxley                 Boan                   Bowers
Brown, G.              Brown, H.              Campsen
Canty                  Carnell                Cave
Chellis                Clyburn                Cobb-Hunter
Cromer                 Dantzler               Delleney
Easterday              Felder                 Gamble
Gourdine               Hamilton               Harrell
Haskins                Hines, J.              Inabinett
Jennings               Keegan                 Kennedy
Kinon                  Kirsh                  Lanford
Law                    Leach                  Limbaugh
Limehouse              Lloyd                  Loftis
McCraw                 McLeod                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Rice
Robinson               Rodgers                Scott
Sharpe                 Sheheen                Simrill
Smith, F.              Smith, J.              Tripp
Whatley                Whipper                Wilkins
Young                  Young-Brickell

Total--62

Those who voted in the negative are:

Allison                Barrett                Battle
Bauer                  Beck                   Brown, J.
Brown, T.              Byrd                   Cooper
Cotty                  Edge                   Fleming
Harrison               Hawkins                Hines, M.
Hinson                 Jordan                 Kelley
Klauber                Knotts                 Koon
Lee                    Littlejohn             Maddox
Martin                 Mason                  McMahand
McMaster               Miller                 Mullen
Parks                  Riser                  Sandifer
Seithel                Spearman               Stille
Stuart                 Townsend               Trotter
Vaughn                 Walker                 Webb
Wilder                 Witherspoon            Woodrum

Total--45

So, the amendment was tabled.

Rep. H. BROWN moved that the House recede until 2:30 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Section 30, Part IB.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

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

LEAVES OF ABSENCE

The SPEAKER granted Reps. CANTY and G. BROWN a leave of absence.

H. 3400--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 30, Part IB.

H. 3400 -- GENERAL APPROPRIATION BILL
SECTION 30--ADOPTED

Debate was resumed on Section 30.

Rep. TOWNSEND proposed the following Amendment No. 171 (Doc Name P:\AMEND\005\31PMDR.005), which was rejected.

Amend the bill, as and if amended, Part IB, Section 30, Dept. Of Health and Environmental Control, page 459, line 30, by adding an appropriately numbered paragraph to read:

/(DHEC: DHEC Carry Forward Transfer) of the funds carried forward from FY 96-97, the Department of Health and Environmental Control shall transfer $91,078 to the Comptroller General's Office for reimbursement of Manufacturing Depreciation as follows: $29,612 to Anderson County School District 4, $31,659 Spartanburg School District 6 and $ 29,807 Lexington School District 1./

Renumber sections and amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

Rep. FELDER spoke against the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

Rep. FELDER moved to table the amendment, which was not agreed to, by a division vote of 44 to 46.

Rep. FELDER spoke against the amendment.

Rep. COOPER spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 43; Nays 62

Those who voted in the affirmative are:

Allison                Askins                 Barrett
Battle                 Bauer                  Baxley
Brown, T.              Cooper                 Cotty
Cromer                 Davenport              Edge
Harrison               Hawkins                Jennings
Jordan                 Kelley                 Klauber
Knotts                 Koon                   Lee
Littlejohn             Maddox                 Martin
Mason                  McCraw                 McMaster
Miller                 Mullen                 Parks
Phillips               Riser                  Sandifer
Smith, D.              Smith, F.              Stille
Stuart                 Townsend               Trotter
Walker                 Webb                   Wilder
Woodrum

Total--43

Those who voted in the negative are:

Altman                 Barfield               Boan
Breeland               Brown, H.              Campsen
Carnell                Cato                   Cave
Chellis                Clyburn                Cobb-Hunter
Dantzler               Delleney               Easterday
Felder                 Gamble                 Gourdine
Govan                  Hamilton               Harrell
Haskins                Hines, J.              Hines, M.
Hinson                 Inabinett              Keegan
Kennedy                Kinon                  Kirsh
Law                    Leach                  Limehouse
Lloyd                  Loftis                 McKay
McLeod                 Meacham                Moody-Lawrence
Neal                   Pinckney               Quinn
Rhoad                  Rice                   Robinson
Rodgers                Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, J.              Smith, R.              Spearman
Stoddard               Whatley                Whipper
Wilkes                 Wilkins                Witherspoon
Young                  Young-Brickell

Total--62

So, the amendment was rejected.

Section 30 was adopted.

SECTION 35--ADOPTED

Rep. FLEMING proposed the following Amendment No. 113 (Doc Name P:\AMEND\003\DSSREP.003), which was tabled.

Amend the bill, as and if amended, Part IB, Section 35, Dept. of Social Services, page 465, line 24, by adding an appropriately numbered paragraph to read:

/Of amounts appropriated for case management of child protective services in dss, an amount equal to $100,000.00 must be transferred for repairs to the dss building in Union County ./

Renumber sections and amend totals/title to conform.

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

Rep. FLEMING proposed the following Amendment No. 144 (Doc Name P:\AMEND\PSD\7116AC.97), which was tabled.

Amend the bill, as and if amended, Part IB, L04 SECTION 35- Department of Social Services, page 462, line 36 before the / . / by inserting, except that of the $800,000, $100,000 must be credited to the Department of Social Services for use by the Union County DSS to repair the roof on the Union County DSS building./

Renumber sections to conform.

Amend totals and title to conform.

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

Section 35 was adopted.

SECTION 26--ADOPTED

Debate was resumed on Section 26.

Rep. KIRSH proposed the following Amendment No. 70 (Doc Name P:\AMEND\005\26P5LIB2.005), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 26, State Library, page 469, paragraph 5, line 20-22, by striking:/ the proviso in its entirety./

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. KOON spoke against the amendment.

POINT OF ORDER

Rep. HARRISON raised a Point of Order that Paragraph 5 of Section 26, page 469, Part IB as well as Amendment No. 70 were not germane.

SPEAKER WILKINS sustained the Point of Order and stated that the paragraph's substantial effect was not germane to the Bill. He therefore ruled Paragraph 5 out of order and ordered it stricken from the Bill. He also ruled Amendment No. 70 out of order.

LEAVE OF ABSENCE

The SPEAKER granted Rep. INABINETT a leave of absence.

AMENDMENT NO. 14--TABLED

Debate was resumed on Amendment No. 14, which was proposed on Monday, March 3, by Rep. HARRISON, et. al.

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

Section 26 was adopted.

SPEAKER PRO TEMPORE IN CHAIR
SECTION 44--AMENDED AND ADOPTED

Debate was resumed on Section 44.

AMENDMENT NO. 55--ADOPTED

Debate was resumed on Amendment No. 55, which was proposed on Monday, March 3, by Rep. BAXLEY.

Rep. BAXLEY explained the amendment.

Rep. KOON spoke against the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. KENNEDY spoke against the amendment.

The amendment was then adopted by a division vote of 40 to 32.

Rep. FLEMING proposed the following Amendment No. 145 (Doc Name P:\AMEND\PSD\7117AC.97), which was tabled.

Amend the bill, as and if amended, Part IB, P12-SECTION 44-Forestry Commission, page 471, line 20 by deleting / $20 / and inserting / $5 /.

Renumber sections to conform.

Amend totals and title to conform.

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

Rep. KOON proposed the following Amendment No. 156 (Doc Name P:\AMEND\005\44P4KN.005), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 44, forestry commission, page 471, paragraph 4, line 20, by striking /$250 plus $20/ and inserting /$100 plus $10/

Renumber sections and amend totals/title to conform.

Rep. KOON explained the amendment.

POINT OF ORDER

Rep. SIMRILL raised the Point of Order that Amendment No. 156 was out of order in that it amended a section that no longer existed.

The SPEAKER Pro Tempore HASKINS sustained the Point of Order and ruled it out of order.

AMENDMENT NO. 55--RECONSIDERED AND ADOPTED

Rep. JENNINGS moved to reconsider the vote whereby Amendment No. 55 was adopted.

Rep. SIMRILL moved to table the motion to reconsider.

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

Yeas 45; Nays 54

Those who voted in the affirmative are:

Allison                Altman                 Askins
Battle                 Baxley                 Boan
Breeland               Campsen                Delleney
Harrell                Haskins                Hines, J.
Hines, M.              Inabinett              Jennings
Kinon                  Kirsh                  Klauber
Lee                    Limbaugh               Lloyd
Mack                   Maddox                 Martin
McCraw                 McKay                  McLeod
McMahand               Meacham                Miller
Neal                   Neilson                Parks
Phillips               Quinn                  Seithel
Sheheen                Simrill                Smith, F.
Stoddard               Townsend               Wilder
Wilkes                 Wilkins                Woodrum

Total--45

Those who voted in the negative are:

Barfield               Barrett                Bauer
Beck                   Bowers                 Brown, H.
Brown, J.              Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Felder                 Gamble                 Gourdine
Hamilton               Harrison               Hawkins
Hinson                 Jordan                 Keegan
Kelley                 Kennedy                Knotts
Koon                   Law                    Leach
Littlejohn             Loftis                 Mason
McMaster               Rhoad                  Riser
Robinson               Rodgers                Sandifer
Scott                  Sharpe                 Smith, R.
Spearman               Stuart                 Trotter
Vaughn                 Walker                 Webb
Whatley                Witherspoon            Young-Brickell

Total--54

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

The question then recurred to the motion to reconsider the vote whereby Amendment No. 55 was adopted.

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

Yeas 62; Nays 47

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Bauer                  Beck
Bowers                 Brown, H.              Brown, J.
Brown, T.              Carnell                Cato
Cave                   Chellis                Cotty
Dantzler               Davenport              Easterday
Felder                 Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Hinson                 Inabinett
Jordan                 Keegan                 Kelley
Kennedy                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Littlejohn             Lloyd
Loftis                 Mason                  McMaster
Neal                   Parks                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Sharpe                 Smith, R.              Spearman
Stuart                 Trotter                Vaughn
Walker                 Webb                   Whatley
Witherspoon            Young-Brickell

Total--62

Those who voted in the negative are:

Altman                 Askins                 Battle
Baxley                 Boan                   Breeland
Campsen                Clyburn                Cromer
Delleney               Edge                   Haskins
Hawkins                Hines, J.              Hines, M.
Hodges                 Jennings               Kinon
Kirsh                  Klauber                Limbaugh
Mack                   Maddox                 Martin
McCraw                 McKay                  McLeod
McMahand               Meacham                Miller
Neilson                Phillips               Quinn
Seithel                Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Stille                 Stoddard               Townsend
Tripp                  Whipper                Wilder
Wilkes                 Woodrum

Total--47

So, the motion to reconsider was agreed to.

SPEAKER IN CHAIR

Rep. HODGES spoke against the amendment.

Rep. LIMBAUGH spoke in favor of the amendment.

Reps. KOON and RHOAD spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 63; Nays 45

Those who voted in the affirmative are:

Allison                Altman                 Askins
Battle                 Baxley                 Boan
Campsen                Cato                   Clyburn
Cotty                  Cromer                 Davenport
Delleney               Easterday              Edge
Felder                 Gourdine               Govan
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hines, J.
Hines, M.              Hodges                 Jennings
Jordan                 Kinon                  Kirsh
Klauber                Limbaugh               Mack
Maddox                 Martin                 McCraw
McKay                  McLeod                 McMahand
McMaster               Meacham                Miller
Neal                   Neilson                Parks
Phillips               Quinn                  Robinson
Scott                  Seithel                Simrill
Smith, D.              Smith, F.              Smith, J.
Stille                 Townsend               Tripp
Whipper                Wilder                 Wilkes
Wilkins                Woodrum                Young

Total--63

Those who voted in the negative are:

Bailey                 Barfield               Barrett
Bauer                  Beck                   Bowers
Brown, H.              Brown, J.              Carnell
Cave                   Chellis                Dantzler
Gamble                 Hinson                 Howard
Inabinett              Keegan                 Kennedy
Knotts                 Koon                   Lanford
Law                    Leach                  Lee
Littlejohn             Lloyd                  Loftis
Mason                  Rhoad                  Rice
Riser                  Rodgers                Sandifer
Sharpe                 Smith, R.              Spearman
Stoddard               Stuart                 Trotter
Vaughn                 Walker                 Webb
Whatley                Witherspoon            Young-Brickell

Total--45

So, the amendment was adopted.

Section 44 as amended was adopted.

SECTION 49--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 74 (Doc Name P:\AMEND\005\49P7PRT.005), which was tabled.

Amend the bill, as and if amended, Part IB, Section 49, Department of Parks, Recreation and Tourism, page 475, paragraph 7, line 2, by adding at the end of the line:

/A report of revenues earned and the disbursement method used for employee pay raises shall be made to the house ways and means committee and the senate finance committee by June 30, 1998. The disbursement method shall include the amount of pay raises given, the manner in which pay raises are distributed, the average percentage awarded, and the highest and lowest percentage given by pay band./

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. KOON spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. KOON spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 61 to 28.

Reps. HODGES, BOAN, BOWERS, PINCKNEY, ROBINSON, KNOTTS, DELLENEY, PARKS and CAVE proposed the following Amendment No. 112 ( Doc Name P:\AMEND\005\49PSP3.005), which was adopted.

Amend the bill, as and if amended, Part IB, Section 49, Parks, Recreation and Tourism, page 475, line 3, by adding an appropriately numbered paragraph to read:

/No funds appropriated or authorized in Part IA shall be utilized for advertising by the S.C. Department of Parks, Recreation and Tourism in the event that a state park is closed or management responsibility is transferred to another entity without the express approval of a majority of the resident senate and a majority of the resident house members of the county delegation in which a state park is located. The department shall develop an implementation plan for each park and, if an effective reduction in the level of services is planned, the department shall review the changes with the county delegation in which the state park is located./

Renumber sections and amend totals/title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. HODGES, BOAN, BOWERS, PINCKNEY, ROBINSON, KNOTTS and DELLENEY proposed the following Amendment No. 173 ( Doc Name P:\AMEND\005\49PSP10.005), which was adopted.

Amend the bill, as and if amended, Part IB, Section 49, Parks, Recreation and Tourism, page 475, line 3, by adding an appropriately numbered paragraph to read:

/In the event that the department prepares an inventory or analysis of the state parks as part of the programs and services division, it shall submit a copy of the report to each member of the general assembly./

Renumber sections and amend totals/title to conform.

Rep. ROBINSON explained the amendment.

The amendment was then adopted.

Section 49 as amended was adopted.

SECTION 4A--AMENDED AND ADOPTED

Debate was resumed on Section 4A.

Rep. KIRSH proposed the following Amendment No. 77 (Doc Name P:\AMEND\003\JUDGES$.003), which was adopted.

Amend the bill, as and if amended, Part IB, Section 4A, Judicial Department, page 478, paragraph 11, line 35-38, by striking /July 1/ and inserting /November 1/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Section 4A as amended was adopted.

SECTION 34--ADOPTED

Rep. CROMER proposed the following Amendment No. 49 (Doc Name P:\AMEND\003\DPSTAGS.003), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 34, Dept. Of Public Safety, page 482, line 10, by adding an appropriately numbered paragraph to read:

/Designs and logos on South Carolina license plates shall have the approval of the General Assembly/

Renumber sections and amend totals/title to conform.

Rep. CROMER explained the amendment.

POINT OF ORDER

Rep. QUINN raised a Point of Order that Amendment No. 49 was out of order.

SPEAKER HASKINS sustained the Point of Order and ruled it out of order.

Section 34 was adopted.

SECTION 43--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 81 (Doc Name P:\AMEND\003\CCATEAM1.003), which was adopted.

Amend the bill, as and if amended, Part IB, Section 43, Dept. Of Juvenile Justice, page 485, paragraph 10, line 15-22, by deleting the entire paragraph.

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. JENNINGS proposed the following Amendment No. 160 (Doc Name P:\AMEND\003\CCAK1.003), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 43, Dept. of Juvenile Justice, page 485, after line 22, by adding an appropriately numbered paragraph to read:

/For the two proposed wilderness camps in Bennettsville, South Carolina, Corrections Corporation of America (CCA) shall give the state of South Carolina the first right of refusal with regard to the purchase of the title to the property on which the wilderness camps are located./

Renumber sections and amend totals/title to conform.

Rep. HODGES explained the amendment.

POINT OF ORDER

Rep. QUINN raised the Point of Order that Amendment No. 160 was not germane.

SPEAKER WILKINS sustained the Point of Order and ruled it out of order.

Section 43 as amended was adopted.

SECTION 65--ADOPTED

Debate was resumed on Section 65.

Section 65 was adopted.

SECTION 3--ADOPTED
AMENDMENT NO. 15--DEBATE ADJOURNED

Rep. STILLE proposed the following Amendment No. 15 (Doc Name P:\AMEND\002\2BB.002).

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 499, line 11, by adding an appropriately numbered paragraph to read:

/The House Ways and Means Committee shall implement a zero base budget review process for all agencies receiving funding in the annual General Appropriations Act. The committee shall implement the process in a form and under such conditions as the Committee deems appropriate in the preparation of the annual appropriations bills. The process shall focus on the review, evaluation and analysis on all proposed expenditures rather than simply on increases above the current year's expenditure levels. All agencies receiving appropriations or authorizations to spend funds in the annual appropriations act are required to prepare budget decision making packages which rank order all activities of the agency. The agency shall rank the decision making packages against all of the agency programs, and shall include recommendations for funding the agency's programs at a level less than the current year's funding as identified by the Ways and Means Committee, for example 98% of the current year's funding level. All unnecessary or low priority programs identified through this zero base budget process within a functional area shall be used first by the budget subcommittees to fund increases requested by agencies assigned to the subcommittee./

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. ROBINSON spoke against the amendment.

Rep. STILLE spoke in favor of the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 29; Nays 78

Those who voted in the affirmative are:

Altman                 Askins                 Bauer
Beck                   Boan                   Bowers
Brown, H.              Carnell                Cotty
Felder                 Harrell                Harrison
Hawkins                Hinson                 Keegan
Kelley                 Koon                   Mason
McMaster               Pinckney               Rhoad
Robinson               Sharpe                 Smith, R.
Spearman               Stuart                 Trotter
Webb                   Wilkins

Total--29

Those who voted in the negative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Baxley
Breeland               Byrd                   Campsen
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cromer
Dantzler               Davenport              Delleney
Easterday              Gamble                 Govan
Hamilton               Haskins                Hines, J.
Inabinett              Jennings               Jordan
Kennedy                Kinon                  Kirsh
Klauber                Knotts                 Lanford
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Mack                   Maddox
Martin                 McCraw                 McKay
McLeod                 McMahand               Meacham
Miller                 Moody-Lawrence         Mullen
Neal                   Neilson                Phillips
Rice                   Riser                  Rodgers
Sandifer               Scott                  Seithel
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, J.              Stille
Stoddard               Townsend               Tripp
Vaughn                 Walker                 Whatley
Wilder                 Wilkes                 Witherspoon
Woodrum                Young                  Young-Brickell

Total--78

So, the House refused to table the amendment.

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

Rep. SCOTT proposed the following Amendment No. 39 (Doc Name P:\AMEND\006\3POR.006), which was tabled.

Amend the bill, as and if amended, Part IB, Section 3, Legislative Dept. - House, page 499, line 11, by adding an appropriately numbered paragraph to read:

/from the funds appropriated in Section 3B, Legislative Dept. - House of Representatives, for approved accounts, an amount not to exceed $29,000 shall be provided to pay for portraits. The Clerk of the House of Representatives is authorized to select an artist to paint the portraits of The Late Honorable Samuel J. Lee and The Late Honorable Robert Brown Elliott and insure they are placed appropriately in the Hall of the House of Representatives upon their completion./

Renumber sections and amend totals/title to conform.

Rep. SCOTT explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKINS spoke against the amendment.

Rep. SCOTT spoke in favor of the amendment.

Rep. WILKINS spoke against the amendment.

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

SPEAKER IN CHAIR
LEAVES OF ABSENCE

The SPEAKER granted Reps. YOUNG and WOODRUM a temporary leave of absence.

AMENDMENT NO. 15--TABLED

Debate was resumed on Amendment No. 15, by Rep. STILLE.

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

Section 3 was adopted.

SECTION 17C--AMENDED AND ADOPTED

Debate was resumed on Section 17C.

Reps. KNOTTS, DAVENPORT and MARTIN proposed the following Amendment No. 155 (Doc Name P:\AMEND\006\17CK13.006.006), which was rejected.

Amend the bill, as and if amended, Part IB, Section 17C, B&C Board-Budget & Analysis, page 512, paragraph 13, by inserting:

/line 27, after "employees" the words "and unclassified executive compensation system employees"

Amend the bill, as and if amended, Part IB, Section, page 512, paragraph 13, line 29, by deleting," or unclassified executive compensation system employees"

Amend the bill, as and if amended, Part IB, Section17C, page 512, paragraph 13, line 42, by adding:

/after the word "range" the words,"or have their compensation increased greater than 2.5%"./

Rep. KNOTTS explained the amendment.

Rep. ROBINSON spoke against the amendment.

Rep. KNOTTS spoke in favor of the amendment.

Reps. VAUGHN and H. BROWN spoke against the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 49; Nays 54

Those who voted in the affirmative are:

Altman                 Baxley                 Beck
Boan                   Bowers                 Brown, H.
Campsen                Carnell                Cato
Chellis                Cotty                  Cromer
Dantzler               Easterday              Edge
Felder                 Gamble                 Gourdine
Harrell                Hawkins                Hinson
Inabinett              Jennings               Keegan
Kelley                 Kinon                  Koon
Law                    Leach                  Limbaugh
Mason                  McCraw                 McKay
McMaster               Meacham                Moody-Lawrence
Neilson                Quinn                  Riser
Robinson               Sandifer               Sharpe
Smith, R.              Spearman               Stoddard
Vaughn                 Webb                   Wilkins
Witherspoon

Total--49

Those who voted in the negative are:

Allison                Askins                 Bailey
Barfield               Barrett                Battle
Bauer                  Breeland               Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cobb-Hunter            Cooper
Davenport              Delleney               Govan
Hamilton               Hines, J.              Howard
Kirsh                  Klauber                Knotts
Lanford                Limehouse              Littlejohn
Lloyd                  Loftis                 Mack
Martin                 McLeod                 McMahand
Neal                   Parks                  Phillips
Pinckney               Rice                   Rodgers
Scott                  Seithel                Sheheen
Simrill                Smith, F.              Smith, J.
Stuart                 Townsend               Trotter
Walker                 Whatley                Whipper
Wilder                 Wilkes                 Young-Brickell

Total--54

So, the House refused to table the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CHELLIS a leave of absence.

Rep. ROBINSON spoke against the amendment.

Rep. KNOTTS spoke in favor of the amendment.

Rep. HARRELL spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 40; Nays 69

Those who voted in the affirmative are:

Bailey                 Battle                 Bowers
Breeland               Brown, J.              Byrd
Cave                   Clyburn                Cooper
Davenport              Delleney               Kirsh
Klauber                Knotts                 Lanford
Lee                    Littlejohn             Lloyd
Mack                   Martin                 McLeod
McMahand               Miller                 Parks
Pinckney               Rodgers                Seithel
Sheheen                Simrill                Smith, F.
Stille                 Stoddard               Stuart
Townsend               Trotter                Walker
Whatley                Whipper                Wilder
Young-Brickell

Total--40

Those who voted in the negative are:

Altman                 Askins                 Barfield
Barrett                Bauer                  Baxley
Beck                   Boan                   Brown, H.
Brown, T.              Campsen                Carnell
Cato                   Cobb-Hunter            Cotty
Cromer                 Dantzler               Easterday
Edge                   Felder                 Gamble
Gourdine               Hamilton               Harrell
Harrison               Haskins                Hawkins
Hines, J.              Hinson                 Howard
Jennings               Jordan                 Keegan
Kelley                 Kinon                  Koon
Law                    Leach                  Limbaugh
Limehouse              Loftis                 Maddox
Mason                  McCraw                 McKay
McMaster               Meacham                Moody-Lawrence
Mullen                 Neal                   Neilson
Phillips               Quinn                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Scott                  Sharpe
Smith, D.              Smith, J.              Smith, R.
Spearman               Vaughn                 Webb
Wilkes                 Wilkins                Witherspoon

Total--69

So, the amendment was rejected.

Rep. GOVAN proposed the following Amendment No. 169 (Doc Name P:\AMEND\006\17CG13.006), which was tabled.

Amend the bill, as and if amended, Part IB, Section 17C, B&C Board, Division of Budget and Analyses, page 512, paragraph 13, line 28, by striking: /by 3.4% 2.5%/ and inserting: /as follows:

a.     employees with an annual salary less than $15,000 per year shall receive a 3.5% base pay increase;

b.     employees with an annual salary of at least $15,000 but less than $25,000 per year shall receive a 3.0% base pay increase;

c.     employees with an annual salary of at least $25,000 but less than $35,000 per year shall receive a 2.5% base pay increase;

d.     employees with an annual salary of at least $35,000 but less than $50,000 per year shall receive a 2.0% base pay increase; and

e.     employees with an annual salary greater than or equal to $50,000 shall receive a 1.5% base pay increase. /

Renumber sections and amend totals/title to conform.

Rep. GOVAN explained the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 69; Nays 34

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barfield               Barrett                Battle
Beck                   Brown, H.              Campsen
Carnell                Cato                   Cooper
Cotty                  Cromer                 Dantzler
Delleney               Easterday              Edge
Felder                 Gamble                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Jordan                 Keegan
Kelley                 Kinon                  Klauber
Koon                   Lanford                Law
Leach                  Limbaugh               Littlejohn
Loftis                 Maddox                 Mason
McCraw                 McKay                  Meacham
Miller                 Mullen                 Phillips
Quinn                  Rhoad                  Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Smith, D.              Smith, J.              Smith, R.
Spearman               Stuart                 Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilkes
Wilkins                Witherspoon            Young-Brickell

Total--69

Those who voted in the negative are:

Bailey                 Bauer                  Baxley
Breeland               Brown, T.              Byrd
Clyburn                Davenport              Gourdine
Govan                  Hines, J.              Hodges
Inabinett              Jennings               Kirsh
Lee                    Lloyd                  Mack
McLeod                 McMahand               McMaster
Moody-Lawrence         Neal                   Parks
Pinckney               Rice                   Scott
Simrill                Smith, F.              Stille
Stoddard               Townsend               Whipper
Wilder

Total--34

So, the amendment was tabled.

AMENDMENT NO. 48--TABLED

Debate was resumed on Amendment No. 48, which was proposed on Monday, March 3, by Rep. PINCKNEY, et al.

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

Rep. PINCKNEY proposed the following Amendment No. 184 (Doc Name P:\AMEND\006\17CX13.006.006), which was tabled.

Amend the bill, as and if amended, Part IB, Section 17C, b & cbd - div. of budget analysis, page 512 and 513, paragraph 13, line 24-10, by striking /all references to November 1/ and inserting /July 1//

Add after line 10

8. All agencies shall fund the pay increase within their existing resources for the period July 1, through October 31, 1997 only.

Renumber sections and amend totals/title to conform.

Rep. PINCKNEY explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. ROBINSON spoke against the amendment.

Rep. PINCKNEY spoke in favor of the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 67; Nays 38

Those who voted in the affirmative are:

Allison                Altman                 Askins
Barrett                Battle                 Bauer
Beck                   Brown, H.              Campsen
Carnell                Cato                   Dantzler
Davenport              Delleney               Easterday
Edge                   Felder                 Gamble
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Jordan                 Keegan                 Kelley
Kinon                  Klauber                Koon
Lanford                Law                    Leach
Lee                    Limbaugh               Littlejohn
Loftis                 McCraw                 McKay
McMaster               Meacham                Miller
Mullen                 Neilson                Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Simrill                Smith, R.
Spearman               Stoddard               Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilkins                Witherspoon
Young-Brickell

Total--67

Those who voted in the negative are:

Bailey                 Barfield               Baxley
Bowers                 Breeland               Brown, J.
Brown, T.              Byrd                   Clyburn
Cotty                  Cromer                 Gourdine
Govan                  Hines, J.              Hodges
Inabinett              Jennings               Kirsh
Knotts                 Lloyd                  Mack
Maddox                 Martin                 McLeod
McMahand               Moody-Lawrence         Neal
Parks                  Phillips               Pinckney
Scott                  Seithel                Smith, F.
Smith, J.              Stille                 Whipper
Wilder                 Wilkes

Total--38

So, the amendment was tabled.

Rep. SHEHEEN proposed the following Amendment No. 162 (Doc Name P:\AMEND\006\17CZ13.006), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17C, B & C Board - Div. of Budget & Analyses, Page 512, Paragraph 13, by striking all references to /November/ and inserting:/July/ and amending further to strike all references to /2.5%/ and inserting/ 2.4%/

Amend the bill, as and if amended, Part IB, Section 17C, B & C Board - Div. of Budget & Analyses, Page 513, Paragraph 13,

/, after line 10, by adding:

/8. No employee shall receive above 2.4% or $1,000 whichever is less./

Renumber sections and amend totals/title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

Section 17C as amended was adopted.

SECTION 68A--ADOPTED

Rep. STILLE proposed the following Amendment No. 16 (Doc Name P:\AMEND\006\68A1.006), which was tabled.

Amend the bill, as and if amended, Part IB, Section 68A, Aid to Subdivisions-Comptroller General, page 517, paragraph 1 (salary supplements), line 25, by striking /$15,236/ and inserting /$15,486/

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. ROBINSON moved to table the amendment, which was agreed to by a division vote of 56 to 31.

SPEAKER IN CHAIR

Rep. TOWNSEND proposed the following Amendment No. 179 (Doc Name P:\AMEND\008\19DSEGM2.008), which was tabled.

Amend the bill, as and if amended, Part IB, Section 68A, aid to subdivisions - comptroller general page 517, line 33, by adding an appropriately numbered paragraph to read:

/:(AS-CG Depreciation Reimbursement) The comptroller general is directed to transfer $500,000 of instructional materials funds from Section 19, Textbooks and AV Library to Anderson School district 4, Spartanburg County School District 6 and Lexington County School District 1. The distribution is as follows: $162,600 to Anderson County School District 4, $173,702 to Spartanburg County School District 6 and $163,698 to Lexington County School District 1./

Renumber sections and amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

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

Reps. TOWNSEND, HODGES, DAVENPORT, LITTLEJOHN, LEE, MARTIN, LANFORD, ALLISON and BATTLE proposed the following Amendment No. 190 (Doc Name P:\AMEND\008\JUDPAY.008), which was tabled.

Amend the bill, as and if amended, Part IB, Section 68A, AID To Subdivisions - Comptroller General, page 517, line 33, by adding an appropriately numbered paragraph to read:

/The Comptroller General is directed to transfer $119,250 from the amounts appropriated to the Judicial Departments for Judicial Pay Increases and distribute to Anderson School District 4, Spartanburg County School District 6 and Lexington County School District 1. The distribution is as follows: $38,756 to Anderson County School District 4, $41,379 to Spartanburg County School District 6 and $39,115 to Lexington County School District 1./

Renumber sections and amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

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

Section 68A was adopted.

PART II
SECTION 1

Section 1 was adopted.

SECTION 3

Section 3 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5

Section 5 was adopted.

SECTION 11--RULED OUT OF ORDER
POINT OF ORDER

Rep. KIRSH raised the Point of Order that Section 11 was not germane.

SPEAKER WILKINS stated that Section 11 did not relate back to a line item in Part IA and sustained the Point of Order and ruled it out of order and ordered it stricken from the Bill.

SECTION 13

Section 13 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21--DEBATE ADJOURNED
POINT OF ORDER

Rep. KIRSH raised a Point of Order that Section 21 was not germane.

SPEAKER WILKINS stated that Section 21 did relate back to a line item in Part IA, on Page 28, Line 12. He further stated that a similar Point of Order was overruled in March, 1994. Therefore, he overruled the Point of Order.

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

SECTION 23--RULED OUT OF ORDER
POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that Section 23 was not germane.

SPEAKER WILKINS sustained the Point of Order and ruled it out of order and ordered the section stricken from the Bill.

SECTION 25--RULED OUT OF ORDER
POINT OF ORDER

Rep. HASKINS raised the Point of Order that Section 25 was not germane to the Bill in that it did not relate to any line item in Part I of the Bill.

Rep. QUINN argued contra.

SPEAKER WILKINS sustained the Point of Order and ruled the section out of order and ordered it stricken from the Bill.

SECTION 26--ADOPTED
POINT OF ORDER

Rep. KIRSH raised a Point of Order that Section 26 was not germane to the Bill in that there was no fiscal impact on the Department of Corrections or the Budget and Control Board.

Rep. QUINN argued contra in that Section 26 specifically related to line items 14 and 42 on pages 296-297, Section 41 in Part I of the Bill.

SPEAKER WILKINS overruled the Point of Order.

Section 26 was adopted.

SECTION 28--ADOPTED
POINT OF ORDER

Rep. KIRSH raised a Point of Order that Section 28 was not germane to the Bill.

SPEAKER WILKINS overruled the Point of Order in that it did relate to a line item in Part I, specifically line 37 on page 259.

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

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

MOTION NOTED

Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 19, 18C, 18D, 18E, 18F, 18G, 18H, 18J, 18KA, 18KB, 18KC, 18KD, 18KE, 18KF, 18KG, 18KH, 18L, 18N, 31, 35, 49, 50, 51, 4B, 14, 34, 68A, 68B. Part IB, Sections 18A, 30, 35, 26, 44, 49, 4A, 34, 43, 65, 3, 17C, 68A. Part II, Sections 1, 3, 4, 5, 13, 18, 19, 20, 26, 28 and 29 were adopted and the motion was noted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3559 -- Reps. Cooper, Jordan, Maddox, Martin, Stille and Townsend: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE ANDERSON COUNTY VOTER REGISTRATION AND ELECTION COMMISSION AND ITS DIRECTOR, MRS. PAN MILLWOOD, AND STAFF FOR BEING HONORED AS THE MOST OUTSTANDING OFFICE FOR 1996 BY THE STATE OF SOUTH CAROLINA ELECTION COMMISSION.

H. 3592 -- Rep. Bailey: A CONCURRENT RESOLUTION TO RECOGNIZE FLAT STANLEY FOR VISITING THE SOUTH CAROLINA GENERAL ASSEMBLY ON TUESDAY, FEBRUARY 25, 1997, AND FOR SPENDING THE ENTIRE DAY WITH REPRESENTATIVE GEORGE H. BAILEY AND OTHER MEMBERS OF THE GENERAL ASSEMBLY.

ADJOURNMENT

At 6:50 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Lt. Col. Dorcas J. Elledge (retired) of Ware Shoals, to meet at 9:30 A.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 10:38 A.M.