South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives

Tuesday, March 23, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

Almighty God, to Whom men of all ages have lifted their prayers, speak now to our longing hearts as we open our lives to Your searching gaze. We would test our thoughts, our words and our deeds not against the imperfect lives of those around us but against the glory of Him Who is our Master Teacher. Show us that the greatest contribution we can make to the world is a good life: clean, strong, honest, trustworthy, and serviceable. Give us, then, the power to yield our ways to Your ways, both now and always. To You, Lord, we pray in 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. MARTIN moved that when the House adjourns, it adjourn in memory of Gladys Cathy, which was agreed to.

REGULATION RECEIVED

The following was received and referred to the appropriate committee for consideration:

Document No. 2350
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-140(11) and 48-1-10 et seq.
Development of Subdivision Water Supply and Sewage Treatment/Disposal Systems
Received by Speaker of the House of Representatives March 18, 1999
Referred to House Committee on Agriculture and Natural Resources
Legislative Review Expiration July 16, 1999 (Subject to Sine Die Revision)

REGULATION WITHDRAWN

Document No. 2032
Agency: Department of Education
Statutory Authority: 1976 Code Section 59-5-60
Creating More Effective Partnerships Among the Schools, Parents, Community and Business
Received by Speaker of the House of Representatives April 29, 1996
Referred to House Committee on Education and Public Works

19990205     Senate Education Committee Requested Withdrawal

120 Day Period Tolled

19990316     Permanently Withdrawn

HOUSE RESOLUTION

The following was introduced:

H. 3755 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXTEND THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO THE SCHOOL OFFICIALS, COACHES, AND MEMBERS OF THE SCOTT'S BRANCH BOYS HIGH SCHOOL BASKETBALL TEAM OF CLARENDON COUNTY ON THE OCCASION OF THEIR WINNING THE 1999 1A STATE BASKETBALL CHAMPIONSHIP ON MARCH 13, 1999, AT THE CAROLINA COLISEUM IN COLUMBIA.
The Resolution was adopted.

HOUSE RESOLUTION

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

H. 3756 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SCOTT'S BRANCH BOYS HIGH SCHOOL BOYS BASKETBALL TEAM, COACHES, STAFF, AND SCHOOL OFFICIALS ON A DATE AND TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 1999 CLASS 1A STATE CHAMPIONSHIP IN BOYS BASKETBALL.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the Scott's Branch High School boys basketball team, coaches, staff, and school officials on a date and at a time to be determined by the Speaker for the purpose of being recognized for winning the 1999 Class 1A State Championship in boys basketball.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3757 (Word version) -- Reps. G. Brown and M. McLeod: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ONE OF SUMTER COUNTY'S BEST KNOWN, MOST WELL-RESPECTED, AND CAPABLE LARGE ANIMAL VETERINARIANS, DOCTOR ROBERT WESLEY BEATY, JR., WHO PASSED AWAY ON MONDAY, MARCH 15, 1999.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

INTRODUCTION OF BILLS

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

H. 3758 (Word version) -- Reps. Bauer, Knotts, Whatley, Koon, Harrell, Altman, Bailey, Barfield, Breeland, J. Brown, Clyburn, Cobb-Hunter, Dantzler, Gourdine, J. Hines, Inabinett, Lloyd, Lourie, Mack, McCraw, McKay, Neal, Phillips, Pinckney, Riser, Scott, J. Smith, R. Smith and Whipper: A BILL TO AMEND SECTION 12-6-1170, AS AMENDED, RELATING TO THE DEDUCTION FOR STATE INCOME TAX PURPOSES ALLOWED FROM THE TAXABLE INCOME OF INDIVIDUALS OF RETIREMENT INCOME AND THE DEDUCTION ALLOWED PERSONS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS, SO AS TO INCREASE THE ELEVEN THOUSAND FIVE HUNDRED DOLLAR DEDUCTION TO FIFTY THOUSAND DOLLARS FOR PERSONS WHO HAVE ATTAINED THE AGE OF SEVENTY-FIVE YEARS AND TO EXTEND THIS INCREASED DEDUCTION OVER SEVEN YEARS TO PERSONS WHO HAVE ATTAINED AGE SIXTY-EIGHT.
Referred to Committee on Ways and Means

H. 3759 (Word version) -- Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.
Referred to Committee on Judiciary

S. 45 (Word version)--- Senators Jackson, Elliott, Glover and Washington: A BILL TO AMEND CHAPTER 1, TITLE 16 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FELONIES AND MISDEMEANORS, BY ADDING SECTION 16-1-130 SO AS TO PROVIDE FOR AN INCREASE IN THE PENALTY FOR AN UNDERLYING OFFENSE IF THE OFFENDER INTENTIONALLY SELECTS THE PERSON AGAINST WHOM THE CRIME IS COMMITTED OR SELECTS THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE CRIME IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, CULTURAL OR SOCIAL IDENTITY, ANCESTRY, RELIGION, GENDER, POLITICAL AFFILIATION, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE ACTOR'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO ADD AS A STATUTORY AGGRAVATING CIRCUMSTANCE A MURDER IN WHICH THE OFFENDER INTENTIONALLY SELECTED THE MURDERED PERSON IN WHOLE OR IN PART BECAUSE OF THE OFFENDER'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, CULTURAL OR SOCIAL IDENTITY, ANCESTRY, RELIGION, GENDER, POLITICAL AFFILIATION, SEXUAL ORIENTATION, OR DISABILITY OF THE MURDERED PERSON, WHETHER OR NOT THE OFFENDER'S BELIEF OR PERCEPTION WAS CORRECT; TO AMEND SECTION 20-7-7805, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT REGARDING CHILDREN ADJUDICATED DELINQUENT, SO AS TO AUTHORIZE THE COURT TO MAKE FINDINGS THAT A CHILD INTENTIONALLY SELECTED THE PERSON AGAINST WHOM AN OFFENSE IS COMMITTED OR SELECTED THE PROPERTY THAT IS DAMAGED OR OTHERWISE AFFECTED BY THE OFFENSE IN WHOLE OR IN PART BECAUSE OF THE CHILD'S BELIEF OR PERCEPTION REGARDING THE RACE, COLOR, ETHNICITY, NATIONAL ORIGIN, CULTURAL OR SOCIAL IDENTITY, ANCESTRY, RELIGION, GENDER, POLITICAL AFFILIATION, SEXUAL ORIENTATION, OR DISABILITY OF THAT PERSON OR THE OWNER OR OCCUPANT OF THAT PROPERTY, WHETHER OR NOT THE CHILD'S BELIEF OR PERCEPTION WAS CORRECT AND ORDER A CHILD FOR WHOM SUCH FINDINGS ARE MADE, AS A CONDITION OF PROBATION, COMMITMENT, OR OTHERWISE, TO PARTICIPATE IN AN EDUCATIONAL PROGRAM REGARDING CULTURAL DIVERSITY; AND TO AMEND ARTICLE 1, CHAPTER 3, TITLE 23, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, BY ADDING SECTION 23-3-125 SO AS TO ESTABLISH A HATE CRIME RECORDS REPOSITORY.
Referred to Committee on Judiciary

S. 154 (Word version) -- Senators Passailaigue, Giese, Leventis, Hayes, Washington and Reese: A JOINT RESOLUTION TO CREATE THE VETERANS' MONUMENT COMMISSION AND PROVIDE FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RELATED MATTERS.
Referred to Committee on Education and Public Works

S. 240 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND ACT 722 OF 1976, RELATING TO THE WASHINGTON LIGHT INFANTRY AND SUMTER GUARDS BOARD OF OFFICERS, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM FIVE TO SEVEN MEMBERS AND TO CHANGE THE MANNER IN WHICH THE MEMBERS OF THE BOARD ARE APPOINTED.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 263 (Word version) -- Senators Peeler, Wilson, Passailaigue, Ryberg, Leventis, McConnell, Leatherman, Hayes, Russell, Reese, Grooms and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-616 SO AS TO PROVIDE THAT THE INTERSTATE HIGHWAY SYSTEM CONSISTS OF SEGMENTS OF HIGHWAY OFFICIALLY DESIGNATED IN THE NATIONAL SYSTEM OF INTERSTATE AND DEFENSE HIGHWAYS; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT ON AN INTERSTATE HIGHWAY IS SEVENTY MILES AN HOUR; TO AMEND SECTION 56-5-1540, AS AMENDED, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO PROVIDE THAT THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT IS SEVENTY MILES AN HOUR; AND TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Referred to Committee on Education and Public Works

S. 493 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 40-13-5, 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE, AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 601 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF LABOR SERVICES, RELATING TO CHILD LABOR, DESIGNATED AS REGULATION DOCUMENT NUMBER 2355, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 602 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, REAL ESTATE COMMISSION, RELATING TO VACATION TIME-SHARING, EDUCATIONAL PROVIDERS, AND REAL ESTATE PRACTICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2344, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 603 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF REGISTRATION FOR GEOLOGISTS, RELATING TO FEES, USE OF SEAL, CONTINUING EDUCATION, AND REGISTRATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2380, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 604 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO DEFINITIONS, OFFICERS OF THE BOARD, MEETINGS,LICENSING PROVISIONS, CONTINUING EDUCATION, FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2381, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 605 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ACCOUNTANCY, RELATING TO FEES, COMMISSIONS, ACCOUNTING FIRMS, LICENSURE, AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2357, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 606 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO DEFINITIONS, OFFICERS, MEETINGS, SEAL OF THE BOARD, APPLICATIONS AND FEES, REGISTRATION BY EXAMINATION, REGISTRATION BY RECIPROCITY, RENEWALS, DUPLICATE CERTIFICATES, PRACTICE OF FIRMS, SEALS, ETHICS, MANNER OF DISCIPLINE, AND REINSTATEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2356, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 607 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF ELEVATOR SAFETY, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry

S. 608 (Word version) -- Senators Washington, Hutto and Matthews: A BILL TO AMEND ACT 286 OF 1989, RELATING TO THE SCHOOL DISTRICTS IN HAMPTON COUNTY, SO AS TO AUTHORIZE MEMBERS OF THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 2 TO RECEIVE ONE HUNDRED DOLLARS PER MEETING FOR THEIR ATTENDANCE.
Referred to Committee on Hampton Delegation

HOUSE RESOLUTION

The following was introduced:

H. 3760 (Word version) -- Reps. Clyburn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION CONGRATULATING AND RECOGNIZING SERGEANT WILSON LLOYD CLYBURN OF KERSHAW COUNTY ON HIS RETIREMENT FROM THE CITY OF CAMDEN POLICE DEPARTMENT.
The Resolution was adopted.

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown J.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hawkins                Hayes
Hines J.               Hines M.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Neal                   Ott
Parks                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 23.

Ralph Canty                                 Fletcher Smith
Anthony Harris                              Steve Lanford
Bessie Moody-Lawrence             Denny Neilson
Clementa Pinckney                      Ronald Townsend
Timothy Wilkes
Total Present--119

LEAVE OF ABSENCE

The SPEAKER granted Rep. TRIPP a leave of absence for the week due to a business trip.

DOCTOR OF THE DAY

Announcement was made that Dr. Terry Dodge of Rock Hill is the Doctor of the Day for the General Assembly.

CO-SPONSOR ADDED

In accordance with House Rule 5.2 below:
"5.2     Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:     H. 3620 (Word version)
Date:         ADD:
03/11/99     J. HINES

H. 3696 -- AMENDED AND SENT TO THE SENATE

The following Bill was taken up:

H. 3696 -- GENERAL APPROPRIATION BILL

Rep. H. BROWN proposed the following Amendment No. 377 (Doc Name housedesk\h-wm\010\brown1.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 54B, LEGISLATIVE DEPARTMENT- HOUSE OF REPRESENTATIVES, page 305, line 32, opposite /Legislative/Constitution/ by increasing the amount(s) in columns 5 and 6 by:

Column 5     Column 6

183,000     183,000
Amend further, as and if amended, Part IA, Section 54B, LEGISLATIVE DEPARTMENT- HOUSE OF REPRESENTATIVES, page 306, line 18, opposite /employer contributions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5     Column 6

33,300     33,300
Renumber sections to conform.
Amend totals and title to conform.

Rep. H. BROWN explained the amendment.
The amendment was then adopted.

Rep. H. Brown proposed the following Amendment No. 378 (Doc Name housedesk\h-wm\011\prop tax.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 69A, AID TO SUBDIVISIONS - COMPTROLLER GENERAL, page 385, immediately after line 3, by inserting new lines to read/

Column 5     Column 6
Special Items:
Tax relief     $4,150,000     $4,150,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. H. BROWN explained the amendment.
Rep. HAYES spoke against the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. H. BROWN spoke in favor of the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. HAYES spoke against the amendment.
The amendment was then adopted.

MOTION TO RECONSIDER TABLED

Rep. QUINN moved to reconsider the vote whereby the Bill was given a second reading.

Rep. QUINN spoke in favor of the motion to reconsider.

POINT OF ORDER

Rep. FLEMING raised a Point of Order that in accordance with Section 712 of Mason's Manual, motions affecting Bills on third reading are not in order until the particular Bill is reached on the calendar. He stated further that the motion to reconsider the vote whereby H. 3696 received second reading was out of order and that the rules should be suspended.
SPEAKER WILKINS stated that the Chair had erred by not noticing the pending motion to reconsider. He stated further that although the motion to reconsider was not technically in order at this time, that he would not allow his indiscretion to penalize the member's right to make the motion. He therefore overruled the Point of Order.

Rep. COBB-HUNTER spoke against the motion to reconsider.

PARLIAMENTARY INQUIRY

Rep. FLEMING inquired whether the motion to take up a question out of order suspended the rules.
SPEAKER WILKINS stated it would not suspend the rules but that he would allow the motion to reconsider at this time since he had not taken up the motion to reconsider at the appropriate time.
Rep. D. SMITH spoke in favor of the motion to reconsider.
Rep. GAMBLE spoke in favor of the motion to reconsider.
Rep. ROBINSON spoke against the motion to reconsider.
Rep. KNOTTS spoke in favor of the motion to reconsider.
Rep. KOON spoke in favor of the motion to reconsider.
Rep. H. BROWN moved to table the motion to reconsider.

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

Yeas 89; Nays 30

Those who voted in the affirmative are:

Altman                 Askins                 Bailey
Bales                  Barfield               Barrett
Battle                 Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown J.               Campsen                Canty
Carnell                Cato                   Clyburn
Cobb-Hunter            Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Hayes
Hines J.               Hines M.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Law
Leach                  Limehouse              Lloyd
Loftis                 Lucas                  Mack
Mason                  McCraw                 McGee
McKay                  McLeod M.              McLeod W.
McMahand               Miller                 Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rice                   Robinson               Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Smith F.               Smith J.
Smith R.               Stille                 Taylor
Townsend               Trotter                Vaughn
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum

Total--89

Those who voted in the negative are:

Allen                  Allison                Bauer
Chellis                Cooper                 Cotty
Davenport              Gamble                 Gilham
Haskins                Hawkins                Knotts
Koon                   Lanford                Lee
Littlejohn             Lourie                 Maddox
Martin                 Meacham                Moody-Lawrence
Quinn                  Riser                  Rodgers
Sheheen                Simrill                Smith D.
Stuart                 Walker                 Young-Brickell

Total--30

So, the motion to reconsider was tabled.

Rep. H. Brown proposed the following Amendment No. 379 (Doc Name housedesk\h-wm\009\bng3.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 13, DSS, page 441, paragraph new, line 5, by amending adopted Amendment 164 by striking after the word appropriated /for boys and girls clubs/ and inserting after the word appropriated /to the Department of Social Services/
Renumber sections to conform.
Amend totals and title to conform.

Rep. H. BROWN explained the amendment.
The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 380 (Doc Name housedesk\h-wm\007\mcalliste2.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph 83, line 6, by striking:/(dd) CHE - McAllister Square Renovation 1,700,000/

Renumber sections to conform.
Amend totals and title to conform.

Rep. H. BROWN explained the amendment.
The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 381 (Doc Name housedesk\h-wm\003\prop.tax.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 69 A, AID TO SUBDIVISIONS-COMPTROLLER GENERAL, page 385, immediately after line 3 to increase the line an additional 700,000.
Special Items: Column 5 Column 6
Tax Relief     $700,000 $700,000
Renumber sections to conform.
Amend totals and title to conform.

Rep. H. BROWN explained the amendment.
The amendment was then adopted.

The question then recurred to the passage of the Bill, as amended, on third reading.

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

Yeas 70; Nays 49

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Battle                 Bauer                  Beck
Breeland               Brown G.               Brown H.
Brown J.               Carnell                Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Edge                   Emory
Fleming                Gilham                 Gourdine
Govan                  Harrell                Harris
Harrison               Harvin                 Hines J.
Hines M.               Hinson                 Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Lanford
Law                    Lee                    Limehouse
Lloyd                  Lourie                 Lucas
Mack                   Martin                 Mason
McCraw                 McKay                  McLeod M.
McLeod W.              Neilson                Parks
Phillips               Pinckney               Rhoad
Riser                  Robinson               Rodgers
Rutherford             Scott                  Seithel
Smith F.               Smith J.               Smith R.
Taylor                 Townsend               Whatley
Whipper                Wilkes                 Wilkins
Young-Brickell

Total--70

Those who voted in the negative are:

Allen                  Altman                 Bales
Barfield               Barrett                Bowers
Campsen                Canty                  Cato
Cooper                 Davenport              Delleney
Easterday              Gamble                 Hamilton
Haskins                Hawkins                Hayes
Kirsh                  Klauber                Knotts
Koon                   Leach                  Littlejohn
Loftis                 Maddox                 McGee
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Ott
Quinn                  Rice                   Sandifer
Sharpe                 Sheheen                Simrill
Smith D.               Stille                 Stuart
Trotter                Vaughn                 Walker
Webb                   Wilder                 Witherspoon
Woodrum

Total--49

So, the Bill, as amended, was read the third time, and ordered sent to the Senate.

STATEMENT FOR THE JOURNAL

H. 3696

I rise today to share some thoughts on H. 3696. While I voted to pass the bill at Ways & Means Committee and I intend to vote for the bill on third reading, I do so with grave reservations. With all due respect to all of my colleagues, I believe that we did not adequately prioritize tax relief until prior to the deliberation of H. 3696 by the full House. In a year with extraordinary surplus revenues, we failed to take advantage of a great opportunity to reduce taxes with recurring funds.

Also, we all believe education is our number one priority. Yet it disturbs me that we grant such unprecedented increases in education spending without discussing how such increases are based upon accountability, improvements and results. Also, while we talk about alternative schools, we do not acknowledge that discipline is a problem in elementary schools and we usurp local school districts which already have alternative schools. Finally, while we are making progress, ideas to improve education, such as choice and scholarships, are being debated finally by this body. I believe that improvements in education will result also from such "non-economic" ideas as choice, scholarships, modified school calendars, etc.

Rep. ALFRED B. ROBINSON, JR.

RECORD FOR VOTING
H. 3696

On Thursday, March 18, 1999, at about 9:00 P.M. when the South Carolina House of Representatives was in session, I began to have abdominal pain related to diverticulitis. I have a history of diverticulitis which required surgical intervention on two occasions last fall. This condition caused me to miss several hours of the session.

I was unable to vote on the school bond amendment, among others on H. 3696. Had I been physically able to vote, I would have voted in favor of the amendment so that local districts would have the benefit of state bond funds.

Rep. CHUCK ALLEN

RECORD FOR VOTING

H. 3696

I must vote against House Bill 3696, the 1999-2000 General Appropriations Bill, which fails to stop the growth of government, which blatantly fails to stop out-of-control wish list appropriations and spending, and which fails to stop governmental intrusiveness into the lives of our citizens and small family-owned businesses. Even though tax relief to a small degree has been forthcoming, our taxpayers are still being exploited in an unprecedented manner by the State and its political subdivisions. Our State's taxpayers continue to carry an ever increasing burden of unwarranted taxation and spending.

Included in this bill is the use of co-mingled South Carolina and federal taxpayer dollars: to support the murder of the unborn, to support sexual promiscuity among our youth, to encourage a state agency to promote the open defiance of children against their parents and to openly terrorize parents and families.

And, last but not least, is the obvious absence of appropriate funding for the needs of our children with disabilities and the growing concerns for the future care of our elderly.

Rep. G. RALPH DAVENPORT, JR.

RECORD FOR VOTING

H. 3696

Due to a family commitment, I was unable to be present for the final vote on the budget. I would have voted in favor of it.

Rep. THEODORE A. BROWN

Rep. HOWARD moved that the House recede until 3:00 P.M., which was agreed to.

Further proceedings were interrupted by the House receding.

THE HOUSE RESUMES

At 3:00 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

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

H. 3697 -- ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 1 (Doc Name housedesk\h-wm\009\moodblnd.doc), which was tabled.
Amend the resolution, as and if amended, Section 1, Page 2, Lines 17-18, opposite (a) Inmate Clothing, Pillows/Mattresses, Legal Library, by striking: /2,000,000/ and inserting: / 1,910,000/
Amend further, Section 1, Page 2, After Line 1, by adding an appropriately numbered item for the Commission for the Blind to read:
/Radio Program Training 90,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. MOODY-LAWRENCE explained the amendment.
Rep. ROBINSON moved to table the amendment.

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

Yeas 47; Nays 32

Those who voted in the affirmative are:

Barfield               Barrett                Bauer
Beck                   Brown H.               Cato
Chellis                Cooper                 Dantzler
Easterday              Edge                   Emory
Gamble                 Gilham                 Harrell
Harrison               Haskins                Hawkins
Hayes                  Hinson                 Jennings
Keegan                 Kelley                 Knotts
Lanford                Leach                  Littlejohn
Loftis                 Mason                  McCraw
McGee                  McKay                  Robinson
Rodgers                Sandifer               Scott
Smith R.               Stille                 Stuart
Taylor                 Vaughn                 Webb
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--47

Those who voted in the negative are:

Allen                  Bales                  Bowers
Breeland               Brown G.               Delleney
Fleming                Govan                  Hamilton
Hines J.               Hines M.               Howard
Inabinett              Kirsh                  Lee
Lloyd                  Lucas                  Mack
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Parks
Phillips               Rhoad                  Rice
Rutherford             Sheheen                Simrill
Smith F.               Smith J.

Total--32

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 2 (Doc Name housedesk\h-wm\004\dlexlivs.doc), which was tabled.
Amend the resolution, as and if amended, Section 1, Dept. of Agriculture, page 3, /line 6, by striking:/(a) Lexington Livestock Arena: 250,000//
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. KNOTTS moved to table the amendment.

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

Yeas 52; Nays 37

Those who voted in the affirmative are:

Allison                Askins                 Bales
Barfield               Barrett                Bauer
Brown H.               Carnell                Chellis
Clyburn                Cooper                 Dantzler
Edge                   Fleming                Gamble
Gourdine               Harrell                Harris
Harrison               Hawkins                Hayes
Hinson                 Howard                 Keegan
Kelley                 Klauber                Knotts
Koon                   Lanford                Lee
McCraw                 McGee                  McKay
Neilson                Ott                    Phillips
Rhoad                  Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Sharpe                 Smith R.
Stuart                 Taylor                 Webb
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--52

Those who voted in the negative are:

Allen                  Battle                 Beck
Bowers                 Breeland               Brown J.
Cato                   Delleney               Easterday
Emory                  Hamilton               Haskins
Hines J.               Hines M.               Inabinett
Kirsh                  Leach                  Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Maddox                 Mason
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Parks
Rice                   Sheheen                Simrill
Smith F.               Smith J.               Stille
Walker

Total--37

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 3 (Doc Name housedesk\h-wm\004\dcolacon.doc), which was tabled.
Amend the resolution, as and if amended, Section 1, Dept. of Commerce, page 2, line 6, by striking:/(d) Columbia Conference Center: $2,500,000//
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. SCOTT moved to table the amendment.

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

Yeas 61; Nays 21

Those who voted in the affirmative are:

Allison                Askins                 Bales
Barrett                Battle                 Bauer
Breeland               Brown H.               Brown J.
Carnell                Cato                   Chellis
Cooper                 Dantzler               Edge
Emory                  Fleming                Gamble
Gourdine               Govan                  Harrell
Harris                 Harrison               Haskins
Hayes                  Hines J.               Hinson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Knotts
Koon                   Lanford                Lee
Lloyd                  Lourie                 Lucas
McCraw                 McGee                  McLeod W.
Miller                 Neilson                Parks
Phillips               Riser                  Robinson
Rutherford             Sandifer               Scott
Sharpe                 Sheheen                Smith F.
Smith J.               Smith R.               Stuart
Taylor                 Webb                   Wilkins
Young-Brickell

Total--61

Those who voted in the negative are:

Beck                   Bowers                 Delleney
Easterday              Gilham                 Hamilton
Hines M.               Kirsh                  Leach
Littlejohn             Loftis                 Maddox
Mason                  Meacham                Ott
Rice                   Rodgers                Simrill
Stille                 Walker                 Woodrum

Total--21

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 4 (Doc Name housedesk\h-wm\004\ds'burg.doc), which was tabled.
Amend the resolution, as and if amended, /Section 1, Dept. of Commerce, page 2, line 5, by striking:/(c) Spartanburg Renaissance Project: 2,000,000/
Renumber sections to conform.
Amend totals and title to conform.

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

Yeas 63; Nays 27

Those who voted in the affirmative are:

Allison                Askins                 Barfield
Barrett                Bauer                  Breeland
Brown G.               Brown H.               Brown J.
Campsen                Cato                   Chellis
Clyburn                Cooper                 Edge
Emory                  Fleming                Gamble
Gourdine               Govan                  Harrell
Harris                 Harrison               Haskins
Hawkins                Hines J.               Hinson
Inabinett              Keegan                 Kelley
Klauber                Knotts                 Koon
Lanford                Leach                  Lee
Littlejohn             Lourie                 Lucas
McCraw                 McGee                  McLeod W.
McMahand               Moody-Lawrence         Neilson
Parks                  Phillips               Riser
Robinson               Sandifer               Scott
Sharpe                 Smith F.               Smith J.
Smith R.               Stuart                 Taylor
Trotter                Vaughn                 Webb
Wilder                 Wilkins                Young-Brickell

Total--63

Those who voted in the negative are:

Allen                  Bales                  Battle
Beck                   Bowers                 Dantzler
Delleney               Easterday              Hamilton
Hayes                  Hines M.               Jennings
Kirsh                  Law                    Lloyd
Maddox                 Mason                  Meacham
Ott                    Rhoad                  Rice
Rutherford             Sheheen                Simrill
Stille                 Witherspoon            Woodrum

Total--27

So, the amendment was tabled.

Rep. H. BROWN explained the Joint Resolution.
The question then recurred to the passage of the Joint Resolution on second reading.

The yeas and nays were taken resulting as follows:

Yeas 85; Nays 15

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Beck
Breeland               Brown G.               Brown H.
Brown J.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Edge                   Fleming
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harris                 Harrison               Haskins
Hawkins                Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Keegan                 Kelley                 Kennedy
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Littlejohn             Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McKay                  McLeod W.
McMahand               Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Rhoad                  Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Smith F.               Smith J.
Smith R.               Stuart                 Taylor
Vaughn                 Webb                   Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--85

Those who voted in the negative are:

Bales                  Bowers                 Davenport
Delleney               Easterday              Emory
Hayes                  Kirsh                  Lloyd
Meacham                Miller                 Sheheen
Simrill                Stille                 Trotter

Total--15

So, having received the necessary vote of two-thirds of the members present and voting, and no less than three-fifths of the total membership, the Joint Resolution was read the second time and ordered to third reading.

RECORD FOR VOTING
H. 3697

I was momentarily distracted but intended to vote for the Joint Resolution.

Rep. JOHN SCOTT

H. 3697-CAPITAL RESERVE FUND

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

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

The reason for abstaining on the above referenced legislation is:

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

Rep. REX RICE

H. 3698 -- ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3698 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATIONS OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES.

Rep. GOVAN proposed the following Amendment No.1 (Doc Name housedesk\h-wm\010\edisto1.doc), which was tabled.
EXPLANATION: $1,000,000 for North Edisto Sewer Project.
Amend the resolution, as and if amended, Section 1, DIVISION OF REGIONAL DEVELOPMENT, page 2, after line 7,
/Of the funds appropriated to the Local Government Grant Fund $1,000,000 must be used for the North Edisto Sewer Project./
Renumber sections to conform.
Amend totals and title to conform.

Rep. GOVAN explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY moved to table the amendment.
The amendment was then tabled by a division vote of 49 to 21.

Rep. GOVAN proposed the following Amendment No.2 (Doc Name housedesk\h-wm\010\edisto2.doc), which was tabled.
EXPLANATION: $500,000 for North Edisto Sewer Project.
Amend the resolution, as and if amended, Section 1, DIVISION OF REGIONAL DEVELOPMENT, page 2, after line 7,
/Of the funds appropriated to the Local Government Grant Fund $500,000 must be used for the North Edisto Sewer Project./
Renumber sections to conform.
Amend totals and title to conform.

Rep. GOVAN explained the amendment.

Rep. KELLEY moved to table the amendment.

Rep. GOVAN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 48 to 20.

The Joint Resolution was read the second time and ordered to third reading.

H. 3699 -- AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up:

H. 3699 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FOR THE OPERATION OF STATE GOVERNMENT OF SURPLUS FISCAL YEAR 1998-99 GENERAL FUND REVENUES.

Rep. STILLE proposed the following Amendment No. 3 (Doc Name housedesk\h-wm\007\assesswk.doc), which was tabled.
Amend the resolution, as and if amended, Section 2, page 2, item 4, Commission on Higher Education, line 8, Performance Funding, by striking: /13,752,661/ and inserting: /13,692,661/
Amend further, Section 2, page 2, item 4, Commission on Higher Education, by adding after line 8, an appropriately numbered item to read: /South Carolina Assessment Network     60,000/
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. STILLE proposed the following Amendment No. 4 (Doc Name housedesk\h-wm\007\assesswkp.doc), which was tabled.
Amend the resolution, as and if amended, Section 2, page 2, item 4, Commission on Higher Education, by adding after line 8, an appropriately numbered item to read:
/$13,752,661 for Performance Funding shall be allocated based upon actual faculty in-class instructional time by percentage./

Renumber sections to conform.
Amend totals and title to conform.

Rep. STILLE explained the amendment.
Rep. LITTLEJOHN spoke in favor of the amendment.

LEAVE OF ABSENCE

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

Rep. LITTLEJOHN continued speaking.
Rep. KEEGAN spoke against the amendment.

LEAVES OF ABSENCE

The SPEAKER granted Reps. LEE, PARKS and RODGERS a leave of absence for the remainder of the day.

Rep. STILLE spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment.

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

Yeas 51; Nays 45

Those who voted in the affirmative are:

Askins                 Barfield               Bauer
Breeland               Brown H.               Brown J.
Chellis                Clyburn                Cobb-Hunter
Edge                   Fleming                Gourdine
Govan                  Harrell                Harris
Harrison               Hawkins                Hayes
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Knotts                 Koon                   Law
Leach                  Lloyd                  Lourie
Lucas                  Mack                   Maddox
McCraw                 McMahand               Moody-Lawrence
Neal                   Neilson                Ott
Phillips               Quinn                  Riser
Sandifer               Seithel                Smith J.
Smith R.               Trotter                Webb
Whipper                Wilkins                Young-Brickell

Total--51

Those who voted in the negative are:

Allen                  Altman                 Bales
Barrett                Beck                   Bowers
Campsen                Cato                   Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Emory
Gilham                 Hamilton               Haskins
Hines J.               Hines M.               Kennedy
Kirsh                  Klauber                Lanford
Littlejohn             Loftis                 Martin
Mason                  McGee                  McKay
McLeod W.              Meacham                Rhoad
Rice                   Sheheen                Simrill
Stille                 Stuart                 Taylor
Townsend               Vaughn                 Walker
Wilder                 Witherspoon            Woodrum

Total--45

So, the amendment was tabled.

H. 3699-SUPPLEMENTAL APPROPRIATION BILL

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Amendment No. 4

The reason for abstaining on the above referenced legislation is:

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

Rep. MARGARET GAMBLE

Reps. SHARPE, INABINETT, MACK, PHILLIPS, DAVENPORT, LEE, J. HINES, LOFTIS, LEACH, WEBB, TROTTER, LITTLEJOHN, D. SMITH, BATTLE, EMORY, MASON, MILLER, SIMRILL, MCMAHAND, MCCRAW, HAWKINS, HAMILTON, RHOAD, SHEHEEN, DELLENEY, M. MCLEOD, KNOTTS, MCGEE, STILLE, LLOYD, W. MCLEOD, WILDER, J. BROWN, BALES, HAYES, WITHERSPOON, BAILEY, WILKES, JENNINGS, HARVIN and WHIPPER proposed the following Amendment No. 6 (Doc Name housedesk\h-wm\004\farmmkt5.doc), which was tabled.
Amend the resolution, as and if amended, Section 2, page 1, after line 30, by inserting a new line/ Dept of Agriculture, Columbia Farmers Market, $5,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. SHARPE explained the amendment.
Rep. KOON moved to table the amendment.

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

Yeas 48; Nays 47

Those who voted in the affirmative are:

Allen                  Allison                Bailey
Barrett                Beck                   Brown H.
Campsen                Chellis                Clyburn
Cobb-Hunter            Cooper                 Easterday
Gamble                 Harrell                Harrison
Haskins                Hayes                  Hinson
Jennings               Keegan                 Kelley
Kirsh                  Knotts                 Koon
Lanford                Leach                  Littlejohn
Lloyd                  Maddox                 Mason
Meacham                Moody-Lawrence         Neilson
Ott                    Pinckney               Quinn
Riser                  Robinson               Sandifer
Simrill                Smith J.               Smith R.
Stuart                 Vaughn                 Walker
Wilkins                Woodrum                Young-Brickell

Total--48

Those who voted in the negative are:

Altman                 Askins                 Bales
Barfield               Bowers                 Breeland
Brown J.               Carnell                Cato
Cotty                  Dantzler               Davenport
Delleney               Edge                   Emory
Fleming                Gilham                 Govan
Hamilton               Harris                 Hawkins
Hines J.               Howard                 Inabinett
Klauber                Loftis                 Lourie
Lucas                  Mack                   Martin
McGee                  McKay                  McLeod W.
McMahand               Neal                   Phillips
Rice                   Seithel                Sharpe
Sheheen                Stille                 Taylor
Townsend               Trotter                Webb
Whipper                Wilder

Total--47

So, the amendment was tabled.

Rep. H. BROWN proposed the following Amendment No. 7 (Doc Name housedesk\h-wm\003\bramtax.doc), which was adopted.
Amend the resolution, as and if amended, Section 2, page 1, line 34, item 2(c) Department of Parks, Recreation and Tourism-PRT Grants by decreasing 2,000,000.
Amend the resolution further, Section 2, page 5, line 24, item 20(a) Department of Corrections Operating Funds for Four 256 Bed Additions, by decreasing 2,150,000.
Amend the resolution further, Section 2, page 5, after line 26 by adding an appropriately numbered item to read: /Tax Relief 4,150,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. H. BROWN explained the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.

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

Yeas 30; Nays 66

Those who voted in the affirmative are:

Allen                  Bales                  Carnell
Cotty                  Emory                  Hamilton
Harris                 Hayes                  Howard
Jennings               Leach                  Lloyd
Mack                   Maddox                 Martin
McCraw                 McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Pinckney               Seithel                Sheheen
Stille                 Stuart                 Taylor
Townsend               Whipper                Wilder

Total--30

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Beck                   Bowers                 Brown H.
Brown J.               Campsen                Cato
Chellis                Clyburn                Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Gamble                 Gilham                 Gourdine
Harrell                Harrison               Haskins
Hawkins                Hines J.               Hinson
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Lanford
Littlejohn             Loftis                 Lourie
Lucas                  Mason                  McGee
McKay                  Meacham                Neilson
Ott                    Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rutherford             Sandifer
Simrill                Smith D.               Smith J.
Smith R.               Trotter                Vaughn
Walker                 Webb                   Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--66

So, the House refused to table the amendment.
Rep. H. BROWN spoke in favor of the amendment.
The amendment was then adopted.

Rep. HASKINS proposed the following Amendment No. 10 (Doc Name housedesk\teh\motorcycle.doc), which was adopted.
Amend the resolution, as and if amended, in Section 2, page 1, line 34, opposite PRT Grants by decreasing the amount by /100,000/
Amend further, as and if amended, by adding in Section 2, page 1, after line 34, /(3) State Tech: Motorcycle Safety Education - 100,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. HASKINS explained the amendment.
Rep. KIRSH moved to table the amendment.

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

Yeas 30; Nays 61

Those who voted in the affirmative are:

Allison                Bales                  Bowers
Campsen                Carnell                Cotty
Davenport              Delleney               Easterday
Gourdine               Inabinett              Kirsh
Koon                   Law                    Lloyd
Martin                 McCraw                 McLeod W.
McMahand               Moody-Lawrence         Rhoad
Rutherford             Sheheen                Smith D.
Stille                 Taylor                 Trotter
Walker                 Webb                   Wilder

Total-30

Those who voted in the negative are:

Allen                  Altman                 Askins
Barfield               Barrett                Beck
Brown H.               Brown J.               Cato
Chellis                Cobb-Hunter            Cooper
Dantzler               Emory                  Fleming
Gamble                 Gilham                 Govan
Hamilton               Harrell                Harris
Harrison               Haskins                Hawkins
Hayes                  Hinson                 Jennings
Keegan                 Kelley                 Klauber
Lanford                Leach                  Limehouse
Littlejohn             Lourie                 Lucas
Maddox                 Mason                  McGee
McKay                  Meacham                Miller
Neal                   Neilson                Quinn
Rice                   Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith J.               Smith R.               Stuart
Townsend               Vaughn                 Whipper
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total-61

So, the House refused to table the amendment.
The amendment was then adopted.

Reps. QUINN, J. SMITH and D. SMITH proposed the following Amendment No.11 (Doc Name housedesk\h-wm\006\prtquinn2.doc), which was tabled.
Amend the resolution, as and if amended, Section 2, PRT, page 2, after line 4, by adding an appropriately numbered paragraph to read:
/From the funds appropriated for PRT Grants, The Department of Parks, Recreation and Tourism shall provide $1,000,000 for the Film Office./
Renumber sections to conform.
Amend totals and title to conform.

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

Yeas 54; Nays 37

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Bowers                 Brown J.               Campsen
Carnell                Cato                   Chellis
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Gamble                 Gourdine               Hamilton
Harrell                Harris                 Hayes
Hinson                 Kennedy                Kirsh
Klauber                Knotts                 Lanford
Law                    Littlejohn             Lloyd
Loftis                 Lucas                  Mason
McCraw                 McGee                  McMahand
Meacham                Moody-Lawrence         Pinckney
Rhoad                  Robinson               Sandifer
Seithel                Sheheen                Simrill
Smith R.               Walker                 Wilder
Witherspoon            Woodrum                Young-Brickell

Total--54

Those who voted in the negative are:

Allen                  Askins                 Brown H.
Clyburn                Cotty                  Fleming
Gilham                 Govan                  Harrison
Haskins                Hawkins                Inabinett
Jennings               Keegan                 Kelley
Koon                   Leach                  Lourie
Mack                   Maddox                 Martin
McLeod W.              Miller                 Neal
Neilson                Quinn                  Rice
Riser                  Rutherford             Smith J.
Stille                 Stuart                 Taylor
Townsend               Vaughn                 Whipper
Wilkins

Total--37

So, the amendment was tabled.

Rep. QUINN proposed the following Amendment No. 13 (Doc Name housedesk\h-wm\006\quinn.doc), which was tabled.
Amend the resolution, as and if amended, Part IB, Section 2, PRT, page 1, paragraph 2 (c), line 34, by striking opposite /prt grants/ $6,900,000 and inserting $5,900,000.
Further, to add a new appropriately numbered paragraph after line 34 to read /film office $1,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. QUINN explained the amendment.
Rep. SHEHEEN moved to table the amendment.

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

Yeas 58; Nays 29

Those who voted in the affirmative are:

Askins                 Bailey                 Bales
Barfield               Barrett                Beck
Bowers                 Brown J.               Campsen
Cato                   Chellis                Cooper
Dantzler               Delleney               Easterday
Edge                   Emory                  Gamble
Gourdine               Hamilton               Harrell
Harris                 Hayes                  Hinson
Howard                 Inabinett              Kelley
Kirsh                  Klauber                Law
Lloyd                  Lucas                  Maddox
Martin                 Mason                  McCraw
McGee                  McMahand               Meacham
Moody-Lawrence         Neal                   Phillips
Pinckney               Rhoad                  Rice
Riser                  Rutherford             Sandifer
Seithel                Sheheen                Simrill
Smith R.               Trotter                Walker
Wilder                 Witherspoon            Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Allen                  Brown H.               Cotty
Davenport              Fleming                Gilham
Harrison               Haskins                Hawkins
Jennings               Keegan                 Knotts
Koon                   Leach                  Littlejohn
Loftis                 Lourie                 McLeod W.
Miller                 Neilson                Quinn
Robinson               Smith D.               Smith J.
Stuart                 Taylor                 Townsend
Vaughn                 Wilkins

Total--29

So, the amendment was tabled.

Rep. SHARPE proposed the following Amendment No. 14 (Doc Name housedesk\h-wm\004\farmmkt5.doc), which was tabled.
Amend the resolution, as and if amended, Section 2, page 1, after line 30, by inserting a new line/ Dept. of Agriculture, Columbia Farmers Market, $1,000,000/
Amend further as and if amended, by decreasing opposite/PRT Grants/ line 34, page 1 /$1,000,000
Renumber sections to conform.
Amend totals and title to conform.

Rep. SHARPE explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY moved to table the amendment.

Rep. SHARPE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 56 to 20.
The Joint Resolution, as amended, was read the second time and ordered to third reading.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3757 (Word version) -- Reps. G. Brown and M. McLeod: A CONCURRENT RESOLUTION TO EXTEND THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF ONE OF SUMTER COUNTY'S BEST KNOWN, MOST WELL-RESPECTED, AND CAPABLE LARGE ANIMAL VETERINARIANS, DOCTOR ROBERT WESLEY BEATY, JR., WHO PASSED AWAY ON MONDAY, MARCH 15, 1999.

ADJOURNMENT

At 4:55 P.M. the House in accordance with the motion of Rep. MARTIN adjourned in memory of Gladys Cathy, to meet at 10:00 A.M. tomorrow.

***


This web page was last updated on Friday, June 26, 2009 at 9:26 A.M.