South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

THURSDAY, MARCH 19, 1987

Thursday, March 19, 1987
(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:

O God our Father, our Help for every new day and our Hope for every unknown tomorrow, look upon us with Your favor that we may behold the ever-abiding evidences of Your presence. We thank You for homes to share, for kindred to love, for friends to cherish, for places of service to fill, and for work to do. Forbid that we should walk through this world with unseeing eyes or ungrateful hearts. As the Springtime tips northward, bringing with it the beautiful array of flowers and as the chorus of the birds greets the mornings with their songs, God forbid that we should possess an unresponsive attitude.

We pray to our God Who reveals Himself lavishly in loveliness and in goodness. 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.

INVITATIONS

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

January 13, 1987
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

The South Carolina Education Association cordially invites members of the House of Representatives to attend a reception honoring members of the General Assembly on Wednesday evening, April 1, 1987, from 7:00 - 9:00 p.m. The event will be held at the Radisson Hotel Columbia, Assembly Street.

Members of our association look forward to greeting you and the other members of the House and to sharing the pleasure of your company.

Sincerely,
Elaine W. Marks

November 24, 1987
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

On behalf of the Home Builders Association of South Carolina and the South Carolina Builders Political Action Committee, I am pleased to invite the members of the House of Representatives to be our guests at our annual "Bird Supper", Tuesday, April 7, 1987 at the Ellison Building, State Fairgrounds, Columbia, S.C. Cocktails will be served at 7:00 P.M. and dinner at 7:45 P.M.

We look forward to this evening with our legislators.

Sincerely,
Larry W. Paul
1987 President-Elect
March 17, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

If you could please take the following information down for Winthrop College and see about getting it approved for information on the House Calendar it would be appreciated. Winthrop College wants to have a reception on Wednesday, April 8th, 6:30 to 8:00 P.M., at the Radisson for the entire legislature. This reception will be in conjunction with "Winthrop Day" on April 9th.

Yours very truly,
John C. Hayes, III

February 10, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

On behalf of the Friends of Agriculture and Aquaculture Board of Directors, I would like to take this opportunity to invite the members of the General Assembly to our 5th Annual Salute to Agriculture and Aquaculture to be held April 15th beginning at 6:00 at the Cantey Building, State Fairgrounds.

Formal invitations will be sent the week before the event to each House member which will include the tickets necessary for admittance. As this is a fund-raising event with portions of the proceeds going to agricultural, forestry and aquacultural scholarships, cups will be sold for beverage consumption. Free cups will be provided to the General Assembly members which should be picked up by each House member from the booth marked "General Assembly Cups & Nametags" upon their entrance into the Cantey Building. Please provide these instructions in your Calendar.

    We certainly look forward to your being able to join us on the 15th.

Sincerely,
Robert Lee Scarborough
Chairman of the Board

November 11, 1986
The Honorable Liston D. Barfield
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Barfield:

Wishing to establish closer ties and personal liaison between the members of the General Assembly and their constituents in our industry, Carolinas Branch, Associated General Contractors of America cordially invites you and the other members of the General Assembly to attend our annual legislative reception between the hours of 6:00 and 8:00 p.m., April 21, 1987.

This year's theme Reception will be held at the Radisson Hotel on Assembly Street.

I appreciate your consideration in this matter and if I can be of assistance, please do not hesitate to call.

Sincerely,
John N. McMillan, Sr.
Highway-Heavy Manager

March 6, 1987
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, South Carolina 29211

Dear Rep. Foster:

We respectfully request that the invitation for the 1987 Governmental Appreciation Barbeque sponsored by the Clemson University Board of Visitors read as follows in the Calendar of the House: Tuesday, April 28, 1987, 6:30 p.m.

Members of the House and Spouses or Guests, Clerks, Attaches and Staff, Governmental Appreciation Barbeque, by the Clemson University Board of Visitors, Defender Industries' Lake Club House, Sumter Highway.

Thank you for your consideration of this event.

Kindest Regards,
Wade A. Green
Assistant to the President
for Public Affairs

HOUSE RESOLUTION

The following was introduced:

H. 2690 -- Reps. M.D. Burriss, Faber, Hearn, T. Rogers, Corning, Taylor, T.M. Burriss, Toal, McBride, Evatt and J. Brown: A HOUSE RESOLUTION TO CONGRATULATE THE LOWER RICHLAND DIAMONDS FOR WINNING THE STATE CLASS AAAA BOYS' BASKETBALL CHAMPIONSHIP AND TO INVITE THE TEAM AND THE COACHING STAFF TO BE THE GUESTS OF THE HOUSE IN THE HALL OF THE HOUSE ON WEDNESDAY, MAY 6, 1987, AT TWELVE O'CLOCK NOON.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 2691 -- Reps. Harvin and E.B. McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE JUNIOR VARSITY GIRLS' BASKETBALL TEAM OF LAURENCE MANNING ACADEMY, CLARENDON COUNTY, FOR COMPILING A SUPERB SEASON RECORD AND TO RECOGNIZE HEAD COACH MIKE LOWDER FOR HIS BRILLIANT COACHING JOB AND INSPIRING THE LADY SWAMPCATS TO BRING HONOR AND PRESTIGE TO THEMSELVES AND THEIR SCHOOL.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2692 -- Reps. McEachin, Gilbert, Nettles, J.W. McLeod and McKay: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. CARRIE COLLINS OF FLORENCE COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO EXTEND THE BEST WISHES OF THE GENERAL ASSEMBLY.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 2693 -- Reps. Rudnick, Huff, Jones, Sharpe and Gentry: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. DORIS CHESSER OF AIKEN COUNTY UPON HER DEATH.

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

CONCURRENT RESOLUTION

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

H. 2694 -- Reps. Stoddard, Foxworth, D. Martin and McAbee: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 22, 1987, AS THE TIME FOR ELECTING MEMBERS OF THE BOARD OF TRUSTEES FOR SOUTH CAROLINA STATE COLLEGE, THE STATE COLLEGE BOARD OF TRUSTEES, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL BOARD OF TRUSTEES, AND MEMBERS OF THE BOARD OF VISITORS FOR THE CITADEL TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1987, AND TO ELECT A MEMBER TO FILL THE UNEXPIRED PORTION OF THE TERM OF THE TRUSTEE VACANCY AT SOUTH CAROLINA STATE COLLEGE.

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

That the House of Representatives and the Senate meet in joint assembly in the hall of the House of Representatives at 12:00 noon on Wednesday, April 22, 1987, for the purpose of electing members of the Board of Trustees for South Carolina State College, the State College Board of Trustees, the Wil Lou Gray Opportunity School Board of Trustees, and members of the Board of Visitors for the Citadel to succeed those members whose terms expire in 1987 and to elect a member to fill the unexpired portion of the term of the trustee vacancy at South Carolina State College.

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

INTRODUCTION OF BILLS

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

H. 2695 -- Reps. Wilkins, J.W. Johnson, Pearce, T.M. Burriss, P. Bradley, Gentry, Elliott, Dangerfield, Boan and Hodges: A BILL TO AMEND SECTION 61-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY PERMITS ISSUED TO NONPROFIT ORGANIZATIONS ALLOWING THE POSSESSION AND CONSUMPTION OF ALCOHOLIC LIQUOR AND BEVERAGES FOR A PERIOD NOT TO EXCEED TWENTY-FOUR HOURS, SO AS TO ALSO PERMIT THE SALE OF ALCOHOLIC LIQUOR AND BEVERAGES BY THE NONPROFIT ORGANIZATIONS DURING THIS TWENTY-FOUR HOUR PERIOD UPON OBTAINING A PERMIT.

Referred to Committee on Judiciary.

H. 2696 -- Reps. Wilkins, J.W. Johnson, Gentry, Pearce, P. Bradley, Dangerfield, T.M. Burriss, Elliott, Boan and Hodges: A BILL TO AMEND CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF THE ALCOHOLIC BEVERAGE CONTROL LAWS BY ADDING SECTION 61-13-885 SO AS TO REQUIRE EVERY PERSON ENGAGED IN THE BUSINESS OF SELLING BEER, WINE, OR LIQUOR AT RETAIL TO POST CERTAIN SIGNS PERTAINING TO UNLAWFUL PURCHASE OR POSSESSION IN EVERY LOCATION FOR WHICH HE HAS OBTAINED A LICENSE OR PERMIT, AND TO PROVIDE PENALTIES FOR VIOLATION, AND TO REPEAL SECTIONS 61-9-75 AND 61-9-455, RELATING TO THE REQUIREMENT THAT CERTAIN SIMILAR SIGNS BE POSTED IN RETAIL BEER OR WINE ESTABLISHMENTS.

Referred to Committee on Judiciary.

H. 2697 -- Reps. Wilkins, J.W. Johnson, Pearce, P. Bradley, Gentry, Dangerfield, T.M. Burriss, Elliott, Boan and Hodges: A BILL TO AMEND ARTICLE 3, CHAPTER 13 OF TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST AND THE ENFORCEMENT OF ALCOHOLIC BEVERAGE CONTROL LAWS, BY ADDING SECTION 61-13-295 SO AS TO PROVIDE THAT IF ANY PERMITTEE OR LICENSEE, OR SERVANT, AGENT, OR EMPLOYEE OF THE PERMITTEE OR LICENSEE PLEADS GUILTY OR NOLO CONTENDERE TO, OR IS CONVICTED OF ANY CRIMINAL OFFENSE WHICH OCCURRED ON THE LICENSED PREMISES, THE CONVICTION OR PLEA CONSTITUTES PROOF THAT THE OFFENSE OCCURRED AND THE RECORD OR A WRITTEN SUMMARY OF THE FACT THEREOF ARE ADMISSIBLE IN AN ADMINISTRATIVE PROCEEDING BEFORE THE COMMISSION.

Referred to Committee on Judiciary.

H. 2698 -- Reps. Wilkins, J.W. Johnson, Pearce, Elliott, P. Bradley, Gentry and Dangerfield: A BILL TO AMEND SECTION 61-9-315, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST CERTAIN RELATIONSHIPS AND TRANSACTIONS BETWEEN BEER WHOLESALERS, MANUFACTURERS, AND RETAILERS SO AS TO FURTHER PROVIDE FOR THESE PROHIBITED RELATIONSHIPS AND TRANSACTIONS, INCLUDING PROVISIONS WHICH PROHIBIT ANY PERSON FROM HAVING OWNERSHIP OR FINANCIAL INTERESTS IN MORE THAN ONE "TIER" OF THE BEER BUSINESS, DEFINE "TIERS" FOR THIS PURPOSE, AND TO PROVIDE EXCEPTIONS.

Referred to Committee on Labor, Commerce and Industry.

H. 2699 -- Reps. Clyborne, Baker, Haskins, Kirsh, Gilbert, Petty and J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-35-235 SO AS TO REQUIRE INSURERS TO NOTIFY IN WRITING ALL HEALTH AND MEDICAL INSURANCE POLICYHOLDERS AND ALL GROUP MEMBERS COVERED BY A GROUP POLICY OF INSURANCE BY THE INSURER OF ANY CHANGES IN COVERAGE PRIOR TO THE EFFECTIVE DATE OF THE CHANGE.

Referred to Committee on Labor, Commerce and Industry.

H. 2700 -- Reps. Limehouse and Day: A BILL TO AUTHORIZE THE BOARDS OF TRUSTEES OF ALL SCHOOL DISTRICTS IN DORCHESTER COUNTY TO PREPARE BUDGETS FOR GENERAL SCHOOL PURPOSES FOR THE 1987-88 SCHOOL YEAR AND FOR ALL SCHOOL YEARS THEREAFTER TO BE SUBMITTED TO THE DORCHESTER COUNTY COUNCIL AND TO AUTHORIZE THE COUNTY COUNCIL TO SET THE NECESSARY TAX MILLAGE AFTER APPROVAL OF THE BUDGETS.

Referred to Dorchester Delegation.

H. 2701 -- Rep. Limehouse: A BILL TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE THAT DORCHESTER COUNTY SHALL HAVE A REGISTER OF MESNE CONVEYANCES APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE DORCHESTER COUNTY LEGISLATIVE DELEGATION, AND TO PROVIDE FOR THE TERM OF OFFICE OF THE DORCHESTER COUNTY REGISTER OF MESNE CONVEYANCES.

Referred to Dorchester Delegation.

H. 2702 -- Reps. Simpson, Hendricks and L. Martin: A BILL TO AMEND ACT 609 OF 1984, RELATING TO THE BOARD OF TRUSTEES OF THE PICKENS COUNTY SCHOOL DISTRICT, SO AS TO INCREASE THE MONTHLY EXPENSE ALLOWANCE OF MEMBERS OF THE BOARD.

Without reference.

H. 2703 -- Rep. R. Brown: A BILL TO AMEND SECTION 50-11-1276, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAG LIMITS FOR DEER AND RACCOON IN GAME ZONE NO. 10, SO AS TO DELETE THE PROVISION LIMITING THE NUMBER OF ANTLERED DEER THAT MAY BE KILLED EACH DAY.

Referred to Committee on Agriculture and Natural Resources.

H. 2704 -- Rep. Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 81 IN TITLE 15 SO AS TO ENACT THE UNIFORM FEDERAL LIEN REGISTRATION ACT AND TO REPEAL CHAPTER 57 OF TITLE 12 RELATING TO FEDERAL TAX LIENS.

Referred to Committee on Judiciary.

H. 2705 -- Rep. M.D. Burriss: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF ANY ITEMS OF PERSONAL PROPERTY SOLD BY PARENT TEACHER ASSOCIATIONS OR ORGANIZATIONS FOR THE BENEFIT OF THE SCHOOL WITH WHICH THEY ARE ASSOCIATED.

Referred to Committee on Ways and Means.

H. 2706 -- Reps. P. Bradley, Baker, Blackwell, Fair and Clyborne: A BILL TO PROVIDE FOR THE SUBDIVISION OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY.

Referred to Committee on Education and Public Works.

H. 2707 -- Reps. M.O. Alexander, Clyborne, Haskins, Mattos, L. Phillips, Shelton and Wilkins: A BILL TO AMEND ACT 275 OF 1985, RELATING TO THE TAX LEVY FOR THE SCHOOL DISTRICT OF GREENVILLE COUNTY, SO AS TO INCREASE FROM SEVENTY-TWO TO EIGHTY THE MAXIMUM MILLAGE THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE DISTRICT.

Without reference.

H. 2708 -- Rep. Harvin: A BILL TO AMEND SECTIONS 56-5-1510, 56-5-1520, AND 56-5-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPEED LIMITS, SO AS TO PROVIDE THAT ON THOSE PORTIONS OF THE INTERSTATE HIGHWAY SYSTEM OR ON OTHER STREETS AND HIGHWAYS IN SOUTH CAROLINA WHERE FEDERAL LAW PERMITS THIS STATE TO RAISE THE SPEED LIMIT ABOVE FIFTY-FIVE MILES AN HOUR, THE SPEED LIMIT THEREON IS THAT HIGHER SPEED LIMIT.

Referred to Committee on Education and Public Works.

H. 2709 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-450 SO AS TO REQUIRE EACH SCHOOL DISTRICT IN THIS STATE TO ATTAIN CERTAIN RATIOS BETWEEN REGISTERED SCHOOL NURSES AND STUDENTS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 2710 -- Reps. Hayes, Fair, Felder, McCain, Haskins and Toal: A BILL TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABORTIONS, SO AS TO DEFINE MINOR AS ANY FEMALE UNDER SEVENTEEN YEARS OF AGE, REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS FOR FURNISHING PROOF OF AGE AND REQUIRED GUARDIAN OR PARENTAL RELATIONSHIP PRIOR TO PERFORMING AN ABORTION UPON A MINOR, AND TO PROVIDE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 44-41-31 THROUGH 44-41-37 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED PRIOR TO PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION.

Referred to Committee on Judiciary.

H. 2711 -- Rep. G. Brown: A BILL TO AMEND CHAPTER 7, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS AND BARBERING, SO AS TO REVISE THE PROVISIONS GOVERNING THE PRACTICE OF BARBERING BY PROVIDING FOR DEFINITIONS, THE OPERATION OF SCHOOLS AND SHOPS, THE BOARD OF BARBER EXAMINERS, THE ADVISORY COMMITTEE TO THE BOARD, THE DUTIES OF THE BOARD AND COMMITTEE, REQUIREMENTS OF LICENSING, PROMULGATION OF REGULATIONS, RESTRICTION OF A LICENSE OR DISCIPLINE OF A LICENSEE, EXEMPTIONS, AND PENALTIES FOR VIOLATIONS; TO EXEMPT BARBER SHOPS IN PRIVATE RESIDENCES LICENSED BEFORE JANUARY 2, 1986, FROM PROVISIONS RELATIVE TO SEPARATE TOILET FACILITIES AND ENTRANCES; AND TO PROVIDE FOR THE BEGINNING OF THE TERMS OF THE ADVISORY COMMITTEE AND MEMBERS OF THE STATE BOARD OF BARBER EXAMINERS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 510 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO FRIABLE ASBESTOS MATERIALS IN SCHOOLS, DESIGNATED AS REGULATION DOCUMENT NUMBER 639, 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.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, P.
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Cork                   Corning
Dangerfield            Day                    Elliott
Evatt                  Faber                  Fair
Felder                 Ferguson               Foxworth
Gentry                 Gilbert                Gordon
Harris, J.             Harris, P.             Harvin
Haskins                Hawkins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Koon                   Lewis                  Limehouse
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McCain                 McEachin               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Ogburn                 Pearce                 Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Taylor
Thrailkill             Toal                   Townsend
Tucker                 Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 19, 1987.

James C. Johnson                  Ralph Davenport
Dell Baker                        Dave Waldrop
Mickey Burriss                    Lenoir Sturkie
John D. Bradley, III              Robert A. Kohn
James E. Lockemy                  Paul Derrick
John R. Russell                   Samuel R. Foster
Jack Gregory                      T.W. Edwards
J. McElveen
Total Present--123

STATEMENT OF ATTENDANCE

Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 11, 1987.

DOCTOR OF THE DAY

Announcement was made that James C. McAlpine, Jr., of Camden is the Doctor of the Day for the General Assembly.

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

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

COMMUNICATION
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

The following was received.

March 18, 1987
The Honorable Robert J. Sheheen
Speaker of the House
506 Blatt Bldg.
Columbia, S.C. 29211

Dear Bob:

Pursuant to my conversation with Dick Padgett, I am writing you requesting access to the House floor for myself, Larry Marchant, and Graham Tew of my staff.

I realize the difficulties you encounter and will respect your wish of having only one of us on the floor at a time. It is not our intention to lobby members, but to provide service to the members who are constantly interacting with our office concerning problems and special needs.

Respectfully,
Timothy A. Brett
Director of Public and
Political Affairs

On motion of Rep. TOAL, with unanimous consent, the request was granted.

H. 2590--AMENDED, INTERRUPTED DEBATE

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

H. 2590 -- (The General Appropriations Bill)

SECTION 129.1

Section 129.1 was adopted.

SECTION 129.2

Section 129.2 was adopted.

SECTION 129.3--DEBATE ADJOURNED

Rep. KIRSH explained the Section and moved to adjourn debate upon the Section, which was adopted.

SECTION 129.4

Section 129.4 was adopted.

SECTION 129.5

Section 129.5 was adopted.

SECTION 129.6

Section 129.6 was adopted.

SECTION 129.7

Section 129.7 was adopted.

SECTION 129.8

Section 129.8 was adopted.

SECTION 129.9

Section 129.9 was adopted.

SECTION 129.10

Section 129.10 was adopted.

SECTION 129.11

Section 129.11 was adopted.

SECTION 129.12-- DEBATE ADJOURNED

Rep. LIMEHOUSE proposed the following Amendment No. 138 (Doc. No. 2946Y).

Amend the bill, as and if amended, Part I, Section 129, page 129-005, by striking subsection G. which begins on line 1 of the lefthand column and inserting:

/G. No subsistence reimbursements are allowed to a Circuit Judge or a Family Court Judge while holding court within the county in which he resides. While holding court or on other official business outside the county in which he resides but within fifty miles of his residence, a Circuit Court Judge or Family Court Judge is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business within or without his circuit at a location fifty miles or more from his residence, a Circuit Court or Family Court Judge is entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly./

Amend totals and title to conform.

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

SECTION 129.13

Section 129.13 was adopted.

SECTION 129.14

Section 129.14 was adopted.

SECTION 129.15

Section 129.15 was adopted.

SECTION 129.16--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 25, which was adopted.

Amend the bill, as and if amended, in Part I, Section 129, General Provisions, page 129-007, left-hand column, line 03, #129.16, by striking: /$25,000/ and inserting: "an amount determined by the Joint Bond Review Committee and the Budget and Control Board."

Amend title and totals to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Section 129.16 as amended was adopted.

SECTION 129.17--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 26, which was adopted.

Amend the Bill, as and if amended, in Part I, Section 129, General Provisions, page 129-007, left hand column, line 45, #129.17, by inserting a new line: "4) Reason that there are excess funds in an account to be transferred."

Amend further on page 129-007, right hand column, line 01, #129.17, by striking: /4)/ and inserting: /5)/.

Amend title and totals to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Section 129.17 as amended was adopted.

SECTION 129.18

Section 129.18 was adopted.

SECTION 129.19--DEBATE ADJOURNED

Rep. AYDLETTE proposed the following Amendment No. 142.

Amend and as if amended. Section 129.19, by adding at the end of the first sentence, the following: "Such reports shall contain, in addition to the information already required, any rule or regulation which the department or agency wishes to promulgate. All such rules or regulations must be passed by an affirmative vote of the General Assembly before they can become law."

Amend also by adding at the end of the sentence on line 18 the following: "A copy of any of the these reports Shall be made available to anyone upon request and upon a payment of 10 cents each plus postage except that the State and other libraries shall pay no fee. All funds derived from the sale of these reports shall be turned into the general fund."

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

SECTION 129.20

Section 129.20 was adopted.

SECTION 129.21

Section 129.21 was adopted.

SECTION 129.22

Section 129.22 was adopted.

SECTION 129.23

Section 129.23 was adopted.

SECTION 129.24

Section 129.24 was adopted.

SECTION 129.25

Section 129.25 was adopted.

SECTION 129.26

Section 129.26 was adopted.

SECTION 129.27

Section 129.27 was adopted.

SECTION 129.28

Section 129.28 was adopted.

SECTION 129.29

Section 129.29 was adopted.

SECTION 129.31

Section 129.31 was adopted.

SECTION 129.32

Section 129.32 was adopted.

SECTION 129.33

Section 129.33 was adopted.

SECTION 129.34

Section 129.34 was adopted.

SECTION 129.35

Section 129.35 was adopted.

SECTION 129.36

Section 129.36 was adopted.

SECTION 129.37

Section 129.37 was adopted.

SECTION 129.38

Section 129.38 was adopted.

SECTION 129.39

Section 129.39 was adopted.

SECTION 129.40

Section 129.40 was adopted.

SECTION 129.41

Section 129.41 was adopted.

SECTION 129.42

Section 129.42 was adopted.

SECTION 129.45

Section 129.45 was adopted.

SECTION 129.47

Section 129.47 was adopted.

SECTION 129.48

Section 129.48 was adopted.

SECTION 129.49

Section 129.49 was adopted.

SECTION 130.1

Section 130.1 was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. L. PHILLIPS a temporary leave of absence to attend a Highway Commission Meeting.

Reps. O. PHILLIPS, SHELTON, HARVIN, McGINNIS, TOAL, NEILSON, ARTHUR, MOSS and WELLS proposed the following Amendment No. 94 (Doc. No. 2990Y).

Amend the bill, as and if amended, Part I, by adding immediately following proviso 129.49 which begins on page 129-012 a new proviso to be appropriately numbered which shall read:

/129.____. Any permanent part-time state employee (PPT) who desires to work for more than one state agency must obtain the permission of each state agency employing the employee but is not required to obtain the approval of the Budget and Control Board as a condition of such dual employment./

Amend totals and title to conform.

Rep. O. PHILLIPS explained the amendment.

POINT OF ORDER

Rep. McABEE raised the Point of Order that Amendment No. 94 was out of order as it was not germane to the Bill.

Rep. TOAL argued that the amendment was a regulation, as provided for in Rule 5.3.

The SPEAKER stated he would withhold ruling on the Point until more information could be provided.

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

Rep. NETTLES proposed the following Amendment No. 163 (Doc. No. 2920Y), which was tabled.

Amend the bill, as and if amended, by adding an appropriately numbered paragraph at the end of SECTION 129, page 129-013, immediately after line 1, to read:

/Notwithstanding Section 11-11-310, Code of Laws of South Carolina, 1976, a portion of the unexpended balance of funds appropriated in Part 1 of Act 540 of 1986, not to exceed $1.5 million, must be used for the construction of a water impoundment in Florence County. This impoundment will be used for water supply, recreation, flood control, and other related purposes and its construction costs must be matched by local governmental sponsors./

Renumber sections to conform.

Amend totals and title to conform.

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

Rep. McEACHIN moved to reconsider the vote whereby debate was adjourned on Amendment No. 163 which was agreed to.

Rep. NETTLES explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 163 was out of order as it dealt with funds from other than the fiscal year of the Bill.

The SPEAKER overruled the Point of Order as the amendment dealt with the unexpended funds, which are provided for in other parts of the Bill.

Rep. KIRSH moved to table the amendment which was agreed to by a division vote of 50 to 25.

Section 129.12--Reconsidered, Amended, and Adopted

Rep. TOAL moved to reconsider the vote whereby debate was adjourned on Section 129.12 which was agreed to.

Rep. TOAL moved to table Amendment No. 138 which was agreed to.

Reps. LIMEHOUSE, TOAL, FELDER and KLAPMAN proposed the following Amendment No. 202 which was adopted.

Amend the Bill, as and if amended. Part I, Section 129.12, page 129-005, by striking subsection G. which begins on line 1 of the lefthand column and inserting:

/G. No subsistence reimbursements are allowed to a Circuit Judge or a Family Court Judge while holding court within the county in which he resides. While holding court or on other official business outside the county, but within the circuit in which he resides and within fifty miles of his residence, a Circuit Court Judge or Family Court Judge is entitled to a subsistence allowance in the amount of $35 per day. While holding court or on other official business within his circuit at a location fifty miles or more from his residence or without his circuit, a Circuit Court or Family Court Judge is entitled to a subsistence allowance in the amount as provided in this Act for members of the General Assembly./

Amend totals and titles to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Section 129.12 as amended was adopted.

MOTION NOTED

Rep. TOAL moved to reconsider the vote whereby Section 129.16 and Amendment No. 25 were adopted and the motion was noted.

SECTION 13--ADOPTED

Debate was resumed on Section 13.

Reps. HAYES, McABEE, McGINNIS and FELDER proposed the following Amendment No. 204, which was tabled.

Amend as and if amended. part I, Section 13, Adjutant General, page 13-001, line 12, by inserting in columns (7) and (8): $/546,789/.

Amend further, page 13-001, line 18, by inserting in column (7): $/551,483/ and in column (8): $/541,483/.

Amend further, page 13-005, line 20, by inserting in column (7): $/1, 264,173/ and in column (8): $/814,113/.

Amend title and totals to conform.

Rep. HAYES explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. McABEE spoke in favor of the amendment.

POINT OF ORDER

Rep. J. BRADLEY moved to reconsider the vote whereby Amendment No. 93 on Section 62 was rejected.

POINT OF ORDER

Rep. McTEER raised the Point of Order that the member had not voted on the prevailing side, therefore the motion to reconsider was out of order.

The SPEAKER Pro Tempore sustained the Point of Order.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that the motion to reconsider was out of order as it had not been made on the same legislative day as the action to be reconsidered.

The SPEAKER Pro Tempore stated that the motion to reconsider could be made on either the same or the next legislative day, and he overruled the Point of Order.

MOTION NOTED

Rep. HODGES moved to reconsider the vote whereby Amendment No. 93 on Section 62 was rejected and the motion was noted.

Reps. KIRSH, McLELLAN and KLAPMAN spoke against the amendment.

Reps. FELDER and McABEE spoke in favor of the amendment.

Rep. KIRSH moved to table the amendment.

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

Yeas 61; Nays 35

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, K.             Baker                  Baxley
Bennett                Boan                   Brown, H.
Burriss, M.D.          Clyborne               Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Fair                   Ferguson               Foster
Gentry                 Gilbert                Haskins
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Johnson, J.C.
Johnson, J.W.          Keyserling             Kirsh
Klapman                Koon                   Mappus
Martin, D.             Martin, L.             Mattos
McCain                 McEachin               McLellan
McLeod, E.B.           McTeer                 Nesbitt
Petty                  Rhoad                  Rice
Rogers, J.             Rogers, T.             Shelton
Simpson                Snow                   Sturkie
Thrailkill             Toal                   Waldrop
Washington             Wilder                 Williams
Winstead

Total--61

Those who voted in the negative are:

Arthur                 Bailey, G.             Barfield
Bradley, P.            Brown, G.              Brown, R.
Burriss, T.M.          Carnell                Chamblee
Elliott                Felder                 Foxworth
Harris, P.             Hayes                  Huff
Jones                  Kay                    Lockemy
McAbee                 McBride                McGinnis
McKay                  McLeod, J.W.           Moss
Phillips, O.           Rudnick                Sheheen
Short                  Stoddard               Taylor
Townsend               Tucker                 Wells
Whipper                White

Total--35

So, the amendment was tabled.

RECORD FOR VOTING

On Amendment No. 204 I inadvertently voted incorrectly. I wanted to vote no.
Rep. DAVE C. WALDROP

SPEAKER IN CHAIR

Reps. HAYES, McABEE, McGINNIS and FELDER proposed the following Amendment No. 205 which was tabled.

Amend as and if amended. Part I, Section 13, Adjutant General, page 13-001, line 12, by inserting in columns (7) and (8): $/546,789/.

Amend further, page 13-001, line 18, by inserting in column (7): $/551,483/ and in column (8): $/541,483/.

Amend title and totals to conform.

Rep. HAYES explained the amendment.

Rep. McLELLAN moved to table the amendment which was agreed to.

Reps. HAYES, McABEE, McGINNIS and FELDER proposed the following Amendment No. 206, which was tabled.

Amend as and if amended. Part I, Section 13, Adjutant General, page 13-001, line 12, by inserting in columns (7) and ( 8): $/546,789/.

Amend further, page 13-005, line 20, by inserting in column (7): $/1,264,173/ and in column (8): $/814,113/.

Amend title and totals to conform.

Rep. HAYES explained the amendment.

Rep. McLELLAN moved to table the amendment which was agreed to by a division vote of 50 to 31.

Section 13 as amended was adopted.

SECTION 16I--ADOPTED

Debate was resumed on Section 16I.

Section 16I was adopted.

SECTION 16.17--AMENDED AND ADOPTED

Debate was resumed on Section 16.17.

Rep. M.O. ALEXANDER proposed the following Amendment No. 54 (Doc. No. 2955Y), which was adopted.

Amend the bill, as and if amended, Part I, Section 16, page 16-052, by striking item (1) of proviso 16.17 and inserting:

/(1) The State Budget and Control Board is directed to establish and collect a schedule of charges for the use of the parking facilities in the Capitol Complex and other individually assigned spaces in state-owned parking lots and facilities administered by the Budget and Control Board. Proceeds of these charges, except where the proceeds are pledged to the retirement of indebtedness or to expenses related to the provision of the facilities, must be deposited in the State General Fund. The schedule of charges shall include charges for a fixed number of parking spaces to both the House of Representatives and the Senate in the McEachern Parking Facility in an area adjacent to each respective body's office building, and the number of spaces must be adequate to cover all members of the General Assembly and staff of standing legislative committees./

Amend totals and title to conform.

Rep. M.O. ALEXANDER explained the amendment.

The amendment was then adopted.

Section 16.17 as amended was adopted.

SECTION 16.65--AMENDED AND ADOPTED

Debate was resumed on Section 16.65.

Reps. LIMEHOUSE, TOAL, HOLT, L. PHILLIPS and McELVEEN proposed the following Amendment No. 53, which was adopted.

Amend the Bill, as and if amended. Part I, Section 16, Budget and Control Board, page 16-057, left hand column, by amending proviso 16.65, lines 29-31, by striking "no funds...to be made", and inserting: "one-half must be allocated for expenditure exclusively upon approval of the member of the House of Representatives in the district in which the expenditure is to be made and one-half must be allocated for expenditure exclusively upon approval by the member of the Senate in the district in which the expenditure is to be made."

Amend titles and totals to conform.

Rep. LIMEHOUSE explained the amendment.

Reps. KIRSH, McABEE and FELDER spoke against the amendment.

Reps. TOAL and LIMEHOUSE spoke in favor of the amendment.

Rep. KIRSH moved to table the amendment.

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

Yeas 38; Nays 68

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Baker
Boan                   Bradley, P.            Brown, H.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Clyborne               Derrick
Elliott                Evatt                  Felder
Harris, J.             Harris, P.             Helmly
Hendricks              Hodges                 Johnson, J.C.
Keyserling             Kirsh                  Klapman
Koon                   Lewis                  Mappus
Martin, L.             McAbee                 McCain
McLellan               McTeer                 Nettles
Snow                   Stoddard               Sturkie
Tucker                 Waldrop

Total--38

Those who voted in the negative are:

Alexander, M.O.        Arthur                 Aydlette
Bailey, G.             Bailey, K.             Barfield
Baxley                 Bennett                Blanding
Brown, J.              Brown, R.              Chamblee
Cooper                 Cork                   Corning
Dangerfield            Davenport              Day
Edwards                Faber                  Fair
Foster                 Foxworth               Gentry
Gordon                 Haskins                Hawkins
Hayes                  Hearn                  Holt
Huff                   Johnson, J.W.          Kay
Limehouse              Lockemy                Martin, D.
Mattos                 McBride                McEachin
McElveen               McGinnis               McKay
McLeod, E.B.           McLeod, J.W.           Moss
Neilson                Nesbitt                Ogburn
Pearce                 Petty                  Phillips, O.
Rhoad                  Rice                   Rogers, T.
Rudnick                Sheheen                Simpson
Taylor                 Thrailkill             Toal
Townsend               Washington             Wells
Whipper                White                  Wilder
Williams               Winstead

Total--68

So, the House refused to table the amendment.

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

Section 16.65 as amended was adopted.

SECTION 16.76--AMENDED AND ADOPTED

Debate was resumed on Section 16.76.

Rep. McLELLAN proposed the following Amendment No. 52, which was adopted.

Amend as and if amended. Section 16, Budget and Control Board page 16-058, left hand column, Proviso 16.76 line 26 by striking "1986-87" and inserting "1987-88".

Amend title and totals to conform.

Section 16.76 as amended was adopted.

SECTION 16.80--AMENDED

Debate was resumed on Section 16.80.

Rep. KIRSH proposed the following Amendment No. 222, which was tabled.

Amend the Bill, as and if amended. Part I, Section 16, Budget and Control Board, page 16-058, right hand column, proviso 16.80, by striking lines 16 through 19 and inserting in lieu thereof: "Of those funds appropriated under the Local Government Division designated at 'Aid to Entities-Rural Development' expenditures shall be limited to projects involving: water, sewage, economic development, and matters affecting the health and well being of citizens in this state."

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

Reps. TOAL, T.M. BURRISS, BAKER, McABEE and HENDRICKS spoke against the amendment.

Rep. SHARPE moved to table the amendment.

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

Yeas 96; Nays 10

Those who voted in the affirmative are:

Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Evatt
Faber                  Fair                   Felder
Ferguson               Foxworth               Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Haskins                Hawkins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Jones
Kay                    Kirsh                  Klapman
Koon                   Lewis                  Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             McAbee                 McBride
McCain                 McEachin               McElveen
McGinnis               McKay                  McLellan
McLeod, E.B.           Moss                   Nesbitt
Nettles                Ogburn                 Pearce
Petty                  Phillips, O.           Rhoad
Rice                   Rogers, T.             Russell
Sharpe                 Sheheen                Shelton
Simpson                Sturkie                Taylor
Thrailkill             Toal                   Townsend
Tucker                 Washington             Wells
Whipper                Wilder                 Winstead

Total--96

Those who voted in the negative are:

Alexander, T.C.        Baxley                 Foster
Gregory                Harvin                 Keyserling
McTeer                 Rudnick                Short
Stoddard

Total--10

So, the amendment was tabled.

Reps. TAYLOR and TOAL proposed the following Amendment No. 229, which was adopted.

Amend as and if amended. Part I, Section 16 Budget and Control Board, page 16-058 right hand column, proviso 16.80 by striking in its entirety. Renumber to conform.

Rep. TAYLOR explained the amendment.

Rep. TOAL spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

The amendment was then adopted by a division vote of 63 to 18.

Rep. McABEE proposed the following Amendment No. 228, which was adopted.

Amend as and if amended. Part I, Section 16, Budget and Control Board, page 16-059, by inserting the following new proviso at the end: Section 16.86 "The funds appropriated for Rural Development, $2.8 million, shall be set aside in a separate account to be used exclusively to match Federal water and sewer grants."

Amend titles and totals to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

SECTION 16.83--ADOPTED

Debate was resumed on Section 16.83

Section 16.83 as amended was adopted.

SECTION 39.2--AMENDED AND ADOPTED

Debate was resumed on Section 39.2.

AMENDMENT NO. 32--ADOPTED,
RECONSIDERED AND TABLED

Debate was resumed on Amendment No. 32, which was proposed on March 18, 1987, by Rep. KLAPMAN.

The amendment was then adopted.

Rep. KLAPMAN moved to reconsider the vote whereby Amendment No. 32 was adopted, which was agreed to.

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

Rep. KLAPMAN proposed the following Amendment No. 137 (Doc. No. 3087Y), which was adopted.

Amend the bill, as and if amended, in SECTION 39 (STATE MUSEUM COMMISSION), paragraph 39.2, page 39-007, line 28, left hand column, by inserting after /Museum./ /Each county delegation and all organizations which belong to the South Carolina Federation of Museums must be notified and provided a list of the objects requested for removal./

Amend totals and title to conform.

Section 39.2 as amended was adopted.

SECTION 41--ADOPTED

Debate was resumed on Section 41.

Rep. ELLIOTT proposed the following Amendment No. 134, which was tabled.

Amend the Bill, as and if amended. Part I, Section 41, Department of Health and Environmental Control, page 41-009, line 33, by inserting in column (7): $/638,974/ and in column (8): $/626,974/.

Amend further, page 41-029, line 23, by inserting in column (7) and (8): $/191,366/.

Amend further, page 41-029, line 26 by inserting in columns (7) and (8): $/93,962/.

Amend title and totals to conform.

Rep. ELLIOTT explained the amendment.

Rep. P. HARRIS spoke against the amendment.

Rep. ELLIOTT spoke in favor of the amendment.

Rep. P. HARRIS moved to table the amendment which was agreed to by a division vote of 56 to 7.

Rep. FERGUSON proposed the following Amendment No. 164A, which was tabled.

Amend the Bill, as and if amended. Part I, Section 41, DHEC, page 41-014, line 32, by inserting in columns (7) and (8): $/221,477/.

Amend further, line 33, in columns (7) and (8): /(10.54)/.

Amend further, page 41-015, line 01, by inserting in columns (7) and (8): $/41,313/.

Amend further, page 41-015, line 02, by inserting in columns (7) and (8): $/30,902/.
Amend further, page 41-015, line 05, by inserting in columns (7): $/522,061 / and in column (8): $/516,156/.

Amend further, page 41-033, line 01, by inserting in columns (7) $ / 17,489,860/ and in column (8): $ /8,539,744 /.

Amend totals and title to conform.

Rep. FERGUSON explained the amendment.

Rep. P. HARRIS spoke against the amendment.

Rep. FERGUSON spoke in favor of the amendment.

Rep. P. HARRIS moved to table the amendment.

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

Yeas 52; Nays 47

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bennett                Blackwell
Boan                   Bradley, P.            Brown, H.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Carnell                Cooper                 Cork
Dangerfield            Evatt                  Felder
Foxworth               Harris, J.             Harris, P.
Haskins                Hayes                  Hearn
Helmly                 Hendricks              Hodges
Johnson, J.C.          Johnson, J.W.          Keyserling
Kirsh                  Klapman                Lewis
Mappus                 Martin, L.             McAbee
McCain                 McEachin               McLellan
McTeer                 Nettles                Rhoad
Rice                   Rogers, T.             Sharpe
Sheheen                Simpson                Thrailkill
Toal                   Townsend               Tucker
Winstead

Total--52

Those who voted in the negative are:

Bailey, G.             Bailey, K.             Baker
Barfield               Baxley                 Blanding
Brown, G.              Brown, J.              Brown, R.
Chamblee               Clyborne               Davenport
Day                    Edwards                Faber
Fair                   Ferguson               Foster
Gilbert                Gordon                 Harvin
Hawkins                Holt                   Huff
Jones                  Kay                    Limehouse
Lockemy                Martin, D.             McBride
McElveen               McGinnis               McLeod, E.B.
Nesbitt                Petty                  Phillips, O.
Rogers, J.             Rudnick                Shelton
Snow                   Taylor                 Washington
Wells                  Whipper                White
Wilder                 Williams

Total--47

So, the amendment was tabled.

Section 41 as amended was adopted.

SECTION 41.31--ADOPTED

Debate was resumed on Section 41.31.

Rep. ELLIOTT proposed the following Amendment No. 77 (Doc. No. 2973Y), which was tabled.

Amend the bill, as and if amended, Section 41-036, by deleting the last sentence of 41.31 beginning on line 22 of the right-hand column which reads /Any revenue collected in excess of the program shall be deposited to the General Fund./

Amend totals and title to conform.

Rep. ELLIOTT explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. P. HARRIS moved to table the amendment which was agreed to by a division vote of 47 to 17.

Rep. HASKINS proposed the following Amendment No. 88.

Amend as and if amended.

Section 41, page 41-036.

Section 41.31 is hereby deleted.

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

Rep. HASKINS moved to reconsider the vote whereby debate was adjourned on Amendment No. 88, which was agreed to.

Rep. HASKINS moved to table the amendment which was agreed to.

Section 41.31 as amended was adopted.

AMENDMENT NO. 87--TABLED

Debate was resumed on Amendment No. 87, which was proposed on March 18, 1987, by Rep. HASKINS.

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

Reps. CARNELL, McABEE, G. BAILEY, NEILSON, P. HARRIS, THRAILKILL, STURKIE, PEARCE, McGINNIS, COOPER, HASKINS, H. BROWN, BARFIELD, HUFF, DAY, SIMPSON, ELLIOTT, LOCKEMY, HARVIN, CHAMBLEE, J.C. JOHNSON, TOWNSEND, KAY, RICE, HEARN, CORK, RHOAD, RUDNICK, McBRIDE, TUCKER, BAKER, M.D. BURRISS, ARTHUR, McKAY, DANGERFIELD, K. BAILEY, WALDROP, McTEER, WELLS and MAPPUS proposed the following Amendment No. 201 (Doc. No. 2983Y), which was adopted.

Amend the bill, as and if amended, Part I, Section 41, by adding a new proviso at the end of the section to be appropriately numbered which shall read:

/41.33. Except as otherwise provided below, the Department shall not charge a fee for performing any duty, responsibility or function unless the fee is authorized and set by statutory law. However, the Department may charge a fee for services provided to other state agencies, departments, boards, committees, commissions, or political subdivisions regardless of whether the fee is set by statutory law. Of these fees collected, five percent must be remitted to the general fund.

Statutory law for purposes of this proviso does not mean regulations promulgated pursuant to the State Administrative Procedures Act./

Amend totals and title to conform.

Rep. CARNELL explained the amendment.

POINT OF ORDER

Rep. MATTOS raised the Point of Order that Amendment No. 201 was not germane to the Bill under Rule 5.3.

The SPEAKER Pro Tempore overruled the Point of Order.

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

Reps. O. PHILLIPS and MOSS proposed the following Amendment No. 140, which was tabled.

Amend as and if amended. Part I, Section 41, by adding at the end of the Section a new proviso to read:

"No restaurant inspection fees shall be charged to any non-profit food service provider."

Amend titles to conform.

Rep. O. PHILLIPS explained the amendment.

Reps. P. HARRIS and HASKINS spoke against the amendment.

Rep. HASKINS moved to table the amendment which was agreed to.

Reps. CORDON and NETTLES proposed the following Amendment No. 195, which was adopted.

Amend as and if amended. Part I, Section 41, Dept. of Health and Environmental Control, page 41-036, by inserting the following new proviso at the end: 41.34 "Notwithstanding any other provisions of the law, the Department of Health and Environmental Control must issue Certificates of Need for up to 300 Medicaid nursing home beds to be allocated geographically where the Department determines to have the greatest need for nursing home beds.

Amend title and totals to conform.

Rep. GORDON explained the amendment.

The amendment was then adopted.

SECTION 41--RECONSIDERED AND DEBATE ADJOURNED

Rep. SHARPE moved to reconsider the vote whereby Section 41 was adopted, which was agreed to.

Reps. WILLIAMS, CORDON and C. BROWN proposed the following Amendment No. 239, which was later withdrawn.

Amend the Bill, as and if amended. Part I, Section 41, Dept. of Health and Environmental Control, page 41-006, by inserting after line 09 the following:

(7)                             (8)
/2. Special Item

Hunger Nutrition                                 $40,000                     $40,000

Amend totals and titles to conform.

Rep. GORDON explained the amendment.

Rep. P. HARRIS spoke against the amendment.

Reps. C. BROWN, FABER and WILLIAMS spoke in favor of the amendment.

Rep. P. HARRIS spoke against the amendment.

Rep. CORDON withdrew the amendment.

Reps. FERGUSON and WHITE proposed the following Amendment No. 241.

Amend as and if amended. Part I, Section 41, DHEC, page 41-015, line 05 by inserting in columns (7) /606,373/ and column (8) /600,467/.

Amend further, page 41-014, line 32, by inserting in columns (7) and (8): /221,477/.

Amend further, page 41-014, line 33, by inserting in columns (7) and (8): /(10.54)/.

Amend title and totals to conform.

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

SECTION 45--AMENDED AND ADOPTED

Debate was resumed on Section 45.

Reps. GORDON and NETTLES proposed the following Amendment No. 221, which was adopted.

Amend the Bill, as and if amended. Part I, Section 45, Department of Social Services, page 45-020, Proviso No. 45.9, line 08, by striking /530.00/ and inserting /521.00/.

Amend further on page 45-020, line 09, by striking /500.00/ and inserting /491.00/.

Amend totals and titles to conform.

Rep. HELMLY explained the amendment.

The amendment was then adopted.

Rep. T.M. BURRISS proposed the following Amendment No. 237 (Doc. No. 3067Y), which was tabled.

Amend the bill, as and if amended, Part I, Section 45, page 45-018, by inserting in columns (7) and (8) immediately opposite /GENERAL ASSISTANCE-BOARDING HOME/ as contained on lines 20 and 21 the following:

/(7)                                 (8)

5,128,421                 5,128,421/.

Amend totals and title to conform.

Rep. T.M. BURRISS explained the amendment.

Reps. GORDON and BLACKWELL spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. ALTMAN a temporary leave of absence.

Rep. HENDRICKS spoke against the amendment.

Rep. GORDON moved to table the amendment which was agreed to by a division vote of 73 to 11.

AMENDMENT NO. 144--TABLED

Debate was resumed on Amendment No. 144, which was proposed on March 18, 1987, by Rep. J. ROGERS.

Rep. J. ROGERS moved to table the amendment, which was agreed to.

AMENDMENT NO. 103--TABLED

Debate was resumed on Amendment No. 103, which was proposed on March 18, 1987, by Rep. RUDNICK.

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

Reps. GORDON and NETTLES proposed the following Amendment No. 220, which was adopted.

Amend the Bill, as and if amended. Part I, Section 45, Department of Social Services, page 45-018. line 21, opposite /General AssistanceBoarding Home/ by inserting in columns (7) and (8): /8,313,725/.

Amend totals and titles to conform.

Rep. HELMLY explained the amendment.

The amendment was then adopted.

Section 45 as amended was adopted.

SECTION 45.9--ADOPTED

Debate was resumed on Section 45.9.

AMENDMENT No. 145--TABLED

Debate was resumed on Amendment No. 145, which was proposed on March 18, 1987, by Rep. NETTLES.

Rep. NETTLES moved to table the amendment which was agreed to.

Section 45.9 was adopted.

SECTION 53--DEBATE ADJOURNED

Debate was resumed on Section 53.

Reps. CARNELL, WASHINGTON, HELMLY and P. HARRIS proposed the following Amendment No. 155.

Amend as and if amended. Part I, Section 53 Veterans Affairs, page 53-001, line 11, by inserting in columns (7) and (8): / 12,880/.

Amend further on page 53-001, line 12, by inserting in columns (7) and (8): /9,930/.

Amend further on page 53-001, line 14, by inserting in columns (7) and (8): /32,283/.

Amend further on page 53-001, line 15, by inserting in columns (7) and (8): /16,525/.

Amend further on page 53-001, line 16, by inserting in columns (7) and (8): /3,787/.

Amend title and totals to conform.

Rep. CARNELL explained the amendment.

SPEAKER IN CHAIR

Rep. CARNELL moved to adjourn debate upon the Section, which was adopted.

RULE 3.9 INVOKED

Rep. BEASLEY moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

SECTION 53.1--DEBATE ADJOURNED

Debate was resumed on Section 53.1.

Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.

SECTION 57--ADOPTED

Debate was resumed on Section 57. Section 57 was adopted.

SECTION 57.1--ADOPTED

Debate was resumed on Section 57.1. Section 57.1 was adopted.

SECTION 57.2--ADOPTED

Debate was resumed on Section 57.2. Section 57.2 was adopted.

SECTION 57.3--ADOPTED

Debate was resumed on Section 57.3. Section 57.3 was adopted.

SECTION 57.4--ADOPTED

Debate was resumed on Section 57.4. Section 57.4 was adopted.

SECTION 57.6--ADOPTED

Debate was resumed on Section 57.6. Section 57.6 was adopted.

SECTION 76--AMENDED AND ADOPTED

Debate was resumed on Section 76.

Reps. HOLT, J. BRADLEY and FOXWORTH proposed the following Amendment No. 213, which was adopted. Amend and as if amended. Part I, Section 76, Old Exchange Commission, page 76-001, by inserting after line 16, the following:

(7)                             (8)

/Nonrecurring Expenses

Contractual Services

Special Item                                                         20,000                 20,000/

Amend title and totals to conform.

Rep. HOLT explained the amendment. Rep. BLACKWELL spoke in favor of the amendment. The amendment was then adopted.

AMENDMENT NO. 86--TABLED

Debate was resumed on Amendment No. 86, which was proposed on March 18, 1987, by Rep. FELDER.

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

Section 76 as amended was adopted.

SECTION 82A--RECONSIDERED, AMENDED, AND ADOPTED

Rep. TOAL asked unanimous consent to take up Rep. McLELLAN's motion to reconsider the vote whereby Section 82A was adopted which was agreed to.

Rep. TOAL proposed the following Amendment No. 214, which was adopted.

Amend as and if amended. Part I, Section 82A at page 82-001, line 5 by deleting in columns 5 and 6 the figure $2,986 for official Ex. Officio allowance - Chairman.

Amend title and totals to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Section 82A as amended was adopted.

SECTION 82C--RECONSIDERED, AMENDED AND ADOPTED

Rep. TOAL asked unanimous consent to take up Rep. McLELLAN'S motion to reconsider the vote whereby Section 82C was adopted, which was agreed to.

Rep. TOAL proposed the following Amendment No. 215, which was adopted.

Amend as and if amended. Part I, Section 82C at page 82-003, line 9, by deleting in columns 5 and 6 the figure $1590 for official Ex Officio Allowance--Chairman.

Amend title and totals to conform.

Section 82C as amended was adopted.

SECTION 86.8--ADOPTED

Debate was resumed on Section 86.8.

Section 86.8 was adopted.

SECTION 86.9--ADOPTED

Debate was resumed on Section 86.9.

Section 86.9 was adopted.

SECTION 90--AMENDED AND ADOPTED

Debate was resumed on Section 90.

AMENDMENT NO. 135--ADOPTED

Debate was resumed on Amendment No. 135, which was proposed on March 18, 1987, by Reps. McLELLAN, KIRSH and KLAPMAN.

The amendment was then adopted.

Section 90 as amended was adopted.

SECTION 90.1--ADOPTED

Debate was resumed on Section 90.1.

Section 90.1 was adopted.

SECTION 95--AMENDED AND ADOPTED

Debate was resumed on Section 95.

Rep. TOAL proposed the following Amendment No. 216, which was adopted.

Amend as and if amended. Part I, Section 95, at page 95-001, line 6, by deleting in columns 5 and 6 the figure $2,500 for Ex Officio allowance.

Amend title and totals to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Section 95 as amended was adopted.

SECTION 129.3--RECONSIDERED AND ADOPTED

Rep. FOXWORTH moved to reconsider the vote whereby debate was adjourned on Section 129.3 which was agreed to.

Section 129.3 was adopted.

SECTION 129.19--RECONSIDERED AND RULED
OUT OF ORDER

Rep. AYDLETTE moved to reconsider the vote whereby debate was adjourned on Section 129.19 which was agreed to.

Rep. AYDLETTE proposed the following Amendment No. 142.
Amend as and if amended.

Section 129.19, by adding at the end of the first sentence, the following:

"Such reports shall contain, in addition to the information already required, any rule or regulation which the department or agency wishes to promulgate. All such rules or regulations must be passed by an affirmative vote of the General Assembly before they can become law."

Amend also by adding at the end of the sentence on line 18 the following: "A copy of any of these reports shall be made available to anyone upon request and upon a payment of 10 cents each plus postage, except that the State and other libraries shall pay no fee. All funds derived from the sale of these reports shall be turned into the general fund."

Rep. AYDLETTE explained the amendment.

POINTS OF ORDER

Rep. TOAL raised the Point of Order that Amendment No. 142 was not germane to the Bill under Rule 5.3.

The SPEAKER overruled the Point of Order.

Rep. TOAL raised the Point of Order that Section 129.19 was out of order as it was not germane to t, the Bill under Rule 5.3.

The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.

Reps. O. PHILLIPS, SHELTON, HARVIN, McGINNIS, TOAL, NEILSON, ARTHUR, MOSS and WELLS proposed the following Amendment No. 94 (Doc. No. 2990Y), which was adopted.

Amend the bill, as and if amended, Part I, by adding immediately following proviso 129.49 which begins on page 129-012 a new proviso to be appropriately numbered which shall read:

/129.50. Any permanent part-time state employee (PPT) who desires to work for more than one state agency must obtain the permission of each state agency employing the employee but is not required to obtain the approval of the Budget and Control Board as a condition of such dual employment./

Amend totals and title to conform.

Rep. O. PHILLIPS explained the amendment.

SPEAKER'S RULING

The SPEAKER stated that the Point of Order raised earlier by Rep. McABEE on Amendment No. 94 was overruled as the amendment directly related to proviso 129.9.

The amendment was then adopted.

Reps. McEACHIN, J.W. JOHNSON, NETTLES, J.W. McLEOD, McKAY, R. BROWN, HODGES, HASKINS, McCAIN, OGBURN, MAPPUS, HUFF, T.M. BURRISS, J.H. BURRISS, M.D. BURRISS, HEARN, CORK, RUSSELL, SHARPE, McELVEEN and BAKER proposed the following Amendment No. 132.

Amend the Bill, as and is amended, by striking all after the enacting words and inserting columns (5) and (6) in columns (7) and (8) with the enumerated exceptions: (The Ways and Means Committee Version of the Bill).

POINT OF ORDER

Rep. TOAL raised the Point of Order that Amendment No. 132 could not be considered as a whole, but must be considered by sections, as the House was bound by the adoption of an earlier motion to consider the Bill on a section by section basis.

Rep. McEACHIN argued that Rule 9.3 allowed for an amendment to be placed upon the Bill which rewrites the Bill in its entirety, and also that there was a 1984 precedent in which Speaker Schwartz had ruled that an amendment which rewrote the entire Bill could be considered in its entirety, even though the original Bill was to be considered section by section.

The SPEAKER overruled the Point of Order.

PARLIAMENTARY INQUIRIES

Rep. TOAL inquired whether amendments could now be offered to amend more than one section.

The SPEAKER stated in order to amend more than one section in only one amendment, the amendment must rewrite the entire Bill.

Rep. HOLT inquired, if the question was divided, what procedure was to be followed.

The SPEAKER stated that if the question was divided, the House would consider the amendment on a section by section basis.

RULE 5.14--WAIVED

Rep. McTEER moved to waive Rule 5.14, which was agreed to by a division vote of 104 to 2.

Rep. McEACHIN explained the amendment and moved to adjourn debate upon the amendment until conclusion of Part II.

Rep. TOAL moved to table the motion.

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

Yeas 34; Nays 78

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Bailey, K.
Blanding               Boan                   Carnell
Dangerfield            Felder                 Foster
Harris, J.             Harris, P.             Johnson, J.C.
Keyserling             Martin, D.             Mattos
McAbee                 McBride                McTeer
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                 Toal
Townsend               Tucker                  Washington
Whipper                White                   Williams
Winstead

Total--34

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Bradley, P.            Brown, G.              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Chamblee               Clyborne
Cooper                 Cork                   Corning
Davenport              Day                    Derrick
Edwards                Elliott                Evatt
Faber                  Fair                   Ferguson
Foxworth               Gentry                 Gordon
Harvin                 Haskins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Huff
Johnson, J.W.          Jones                  Kay
Kirsh                  Klapman                Lewis
Limehouse              Lockemy                Mappus
Martin, L.             McCain                 McEachin
McElveen               McGinnis               McKay
McLellan               McLeod, E.B.           McLeod, J.W.
Moss                   Neilson                Nesbitt
Nettles                Ogburn                 Pearce
Petty                  Rhoad                  Sharpe
Short                  Simpson                Snow
Sturkie                Thrailkill             Waldrop
Wells                  Wilder                 Wilkins

Total--78

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate on the amendment until conclusion of Part II, which was agreed to.

PART II
SECTION 1

Section 1 was adopted.

SECTION 2--DEBATE ADJOURNED

Reps. SNOW, PEARCE, THRAILKILL, SIMPSON, NETTLES, G. BROWN, RHOAD, BARFIELD, J.W. McLEOD, BEASLEY, ELLIOTT, HARVIN, NEILSON, McABEE, R. BROWN, McCAIN, OGBURN, LOCKEMY, LIMEHOUSE, BAXLEY, G. BAILEY, McKAY and HAWKINS proposed the following Amendment No. 178 (Doc. No. 2858Y).

Amend the bill, as and if amended, in Part II, Permanent Provisions, page 129-013, by striking SECTION 2 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. SNOW explained the amendment.

Reps. GORDON and OGBURN spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Reps. SHEHEEN and P. HARRIS spoke against the amendment.

Rep. R. BROWN spoke in favor of the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. WALDROP a temporary leave of absence.

Rep. SHEHEEN moved to table the amendment.

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

Yeas 35; Nays 76

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Boan
Carnell                Chamblee               Dangerfield
Fair                   Felder                 Gentry
Harris, J.             Harris, P.             Haskins
Helmly                 Hodges                 Huff
Keyserling             Klapman                Lewis
Mattos                 McAbee                 McBride
McLellan               McTeer                 Phillips, L.
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Stoddard               Sturkie
Toal                   Tucker                 Washington
Whipper                Wilkins

Total--35

Those who voted in the negative are:

Alexander, T.C.        Altman                 Aydlette
Bailey, G.             Bailey, K.             Baker
Barfield               Baxley                 Beasley
Bennett                Blanding               Bradley, P.
Brown, G.              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Clyborne               Cooper                 Cork
Corning                Davenport              Day
Derrick                Edwards                Elliott
Evatt                  Faber                  Ferguson
Foxworth               Gilbert                Gordon
Harvin                 Hawkins                Hayes
Hearn                  Hendricks              Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Kirsh                  Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
McCain                 McEachin               McElveen
McGinnis               McKay                  McLeod, E.B.
McLeod, J.W.           Moss                   Neilson
Nesbitt                Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Rhoad                  Rice                   Sharpe
Short                  Simpson                Snow
Taylor                 Thrailkill             Townsend
Wells                  White                  Wilder
Williams

Total--76

So, the House refused to table the amendment.

Reps. LEWIS and M.O. ALEXANDER spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. McTEER a leave of absence for the remainder of the day.

Reps. NETTLES and FOXWORTH spoke in favor of the amendment.

Rep. WASHINGTON moved to adjourn debate upon the amendment.

Rep. OGBURN moved to table the motion which was not agreed to by a division vote of 44 to 54.

Rep. SHEHEEN moved to adjourn debate upon the Section.

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

Yeas 62; Nays 47

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, K.
Bennett                Blackwell              Boan
Brown, H.              Carnell                Chamblee
Cooper                 Corning                Dangerfield
Day                    Edwards                Fair
Felder                 Ferguson               Foster
Gentry                 Harris, J.             Harris, P.
Haskins                Hawkins                Hayes
Helmly                 Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Kay                    Keyserling             Klapman
Lewis                  Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McGinnis               McLellan               Nesbitt
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Simpson
Stoddard               Toal                   Townsend
Tucker                 Washington             Whipper
White                  Wilkins

Total--62

Those who voted in the negative are:

Bailey, G.             Baker                  Barfield
Baxley                 Beasley                Blanding
Bradley, P.            Brown, G.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Clyborne               Cork                   Davenport
Derrick                Elliott                Evatt
Faber                  Foxworth               Gilbert
Gordon                 Harvin                 Hearn
Johnson, J.W.          Jones                  Kirsh
Limehouse              Lockemy                Mappus
McCain                 McEachin               McElveen
McKay                  McLeod, E.B.           McLeod, J.W.
Moss                   Neilson                Nettles
Ogburn                 Pearce                 Rhoad
Sharpe                 Snow                   Taylor
Thrailkill             Wells

Total--47

So, the motion to adjourn debate on the Section was agreed to.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. P. BRADLEY a leave of absence for the remainder of the day.

SPEAKER IN CHAIR
LEAVE OF ABSENCE

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

SECTION 3--ADOPTED

Rep. T.M. BURRISS proposed the following Amendment No. 236 (Doc. No. 3069Y).

Amend the bill, as and if amended, Part II, Section 3, as contained on page 129-013 by striking Section 3 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. T.M. BURRISS moved to adjourn debate upon the Section.

Rep. TOAL moved to table the motion which was not agreed to.

The question then recurred to the motion to adjourn debate on the Section.

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

Yeas 35; Nays 65

Those who voted in the affirmative are:

Bailey, K.             Baker                  Barfield
Baxley                 Bennett                Bradley, P.
Brown, H.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Clyborne               Cork
Edwards                Evatt                  Foxworth
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Johnson, J.W.
Kirsh                  Klapman                Limehouse
Mappus                 McCain                 McEachin
McKay                  Rhoad                  Sharpe
Simpson                Sturkie                Taylor
Thrailkill             Wells

Total--35

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Blackwell              Blanding               Boan
Carnell                Chamblee               Cooper
Dangerfield            Davenport              Day
Derrick                Faber                  Fair
Felder                 Ferguson               Foster
Gentry                 Gilbert                Gordon
Harris, J.             Harris, P.             Helmly
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Kay
Keyserling             Lockemy                Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McElveen               McGinnis
McLellan               McLeod, E.B.           Moss
Neilson                Nesbitt                Petty
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Stoddard               Toal                   Townsend
Tucker                 Washington             Whipper
White                  Williams

Total--65

So, the House refused to adjourn debate on the Section.

Rep. T.M. BURRISS withdrew the amendment.

The question then recurred to the adoption of Section 3.

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

Yeas 62; Nays 45

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Barfield               Beasley
Blanding               Boan                   Carnell
Chamblee               Cooper                 Dangerfield
Day                    Derrick                Edwards
Faber                  Fair                   Felder
Foster                 Gentry                 Gilbert
Gordon                 Harris, J.             Hawkins
Hayes                  Helmly                 Hendricks
Huff                   Jones                  Keyserling
Klapman                Lewis                  Martin, L.
Mattos                 McAbee                 McBride
McGinnis               McLellan               McLeod, E.B.
Neilson                Nesbitt                Nettles
Petty                  Phillips, L.           Phillips, O.
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Stoddard
Sturkie                Toal                   Townsend
Washington             Whipper                White
Wilkins                Williams

Total--62

Those who voted in the negative are:

Aydlette               Bailey, G.             Bailey, K.
Baker                  Baxley                 Bennett
Bradley, P.            Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Clyborne               Cork                   Corning
Davenport              Evatt                  Ferguson
Foxworth               Harris, P.             Harvin
Haskins                Hearn                  Hodges
Holt                   Johnson, J.C.          Johnson, J.W.
Kay                    Kirsh                  Limehouse
Lockemy                Mappus                 Martin, D.
McCain                 McEachin               McElveen
McKay                  Moss                   Ogburn
Pearce                 Simpson                Taylor
Thrailkill             Tucker                 Wells

Total--45

So, Section 3 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5--AMENDED AND REJECTED

Rep. KAY proposed the following Amendment No. 91 (Doc. No. 2975Y), which was rejected.

Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by striking SECTION 5, beginning on page 129-014 and line 18.

Renumber sections to conform.

Amend totals and title to conform.

Rep. KAY explained the amendment.

Rep. GORDON moved to table the amendment.

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

Yeas 48; Nays 58

    Those who voted in the affirmative are:

Alexander, M.O.        Bailey, K.             Beasley
Bennett                Blanding               Boan
Carnell                Cooper                 Dangerfield
Edwards                Faber                  Felder
Foster                 Gentry                 Gilbert
Gordon                 Harris, J.             Harris, P.
Helmly                 Hendricks              Holt
Huff                   Jones                  Keyserling
Lewis                  Martin, D.             Mattos
McAbee                 McBride                McLellan
Nettles                Phillips, L.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sheheen                Shelton
Stoddard               Taylor                 Toal
Tucker                 Washington             Whipper
White                  Williams               Winstead

Total--48

Those who voted in the negative are:

Alexander, T.C.        Altman                 Arthur
Aydlette               Bailey, G.             Baker
Barfield               Baxley                 Blackwell
Bradley, P.            Brown, N.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Chamblee               Clyborne               Cork
Corning                Davenport              Day
Derrick                Evatt                  Fair
Ferguson               Foxworth               Harvin
Haskins                Hawkins                Hayes
Hearn                  Hodges                 Johnson, J.W.
Kay                    Kirsh                  Limehouse
Lockemy                Mappus                 Martin, L.
McCain                 McEachin               McElveen
McGinnis               McKay                  McLeod, E.B.
Moss                   Neilson                Nesbitt
Ogburn                 Pearce                 Petty
Phillips, O.           Short                  Thrailkill
Townsend               Wells                  Wilder
Wilkins

Total--58

So, the House refused to table the amendment.

Reps. TOAL, CARNELL, HENDRICKS, WASHINGTON and HELMLY spoke against the amendment.

Reps. McCAIN, McEACHIN, BAKER, KAY and WILKINS spoke in favor of the amendment.

Rep. SHARPE spoke upon the amendment.

Rep. WASHINGTON moved to table the amendment.

POINT OF ORDER

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

The question then recurred to the adoption of the amendment.

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

Yeas 50; Nays 57

Those who voted in the affirmative are:

Alexander, T.C.        Baker                  Barfield
Baxley                 Blackwell              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Chamblee               Clyborne
Cork                   Corning                Davenport
Evatt                  Foxworth               Harvin
Haskins                Hawkins                Hayes
Hearn                  Hodges                 Johnson, J.C.
Johnson, J.W.          Kay                    Kirsh
Limehouse              Lockemy                Mappus
Martin, L.             McCain                 McEachin
McElveen               McGinnis               Moss
Nesbitt                Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Simpson                Stoddard               Sturkie
Thrailkill             Townsend               Wells
Wilder                 Wilkins

Total--50

Those who voted in the negative are:

Alexander, M.O.        Altman                 Arthur
Aydlette               Bailey, K.             Beasley
Bennett                Blanding               Boan
Carnell                Cooper                 Dangerfield
Day                    Derrick                Edwards
Faber                  Fair                   Felder
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Helmly                 Hendricks
Holt                   Huff                   Jones
Keyserling             Klapman                Lewis
Martin, D.             Mattos                 McAbee
McBride                McLellan               McLeod, E.B.
Neilson                Phillips, L.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Snow                   Taylor                 Toal
Tucker                 Washington             Whipper
White                  Williams               Winstead

Total--57

So, the amendment was rejected.

Rep. TOAL proposed the following Amendment No. 257, which was adopted.

Amend as and if amended. Part II, Section 5, subsection A by adding the following proviso:

"provided however if any portion of this section is declared to be unconstitutional, such portion shall be severed from the remainder of this section.

Amend title to conform.

Rep. TOAL explained the amendment.

The amendment was then adopted.

Rep. L. MARTIN moved to table the Section.

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

Yeas 50; Nays 59

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Baker
Barfield               Baxley                 Blackwell
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Cork                   Corning                Davenport
Evatt                  Foxworth               Harvin
Haskins                Hayes                  Hearn
Hodges                 Johnson, J.C.          Johnson, J.W.
Kay                    Kirsh                  Limehouse
Lockemy                Mappus                 Martin, L.
McCain                 McEachin               McElveen
McGinnis               McLeod, J.W.           Moss
Nesbitt                Nettles                Ogburn
Petty                  Phillips, O.           Sharpe
simpson                Stoddard               Sturkie
Thrailkill             Wells                  Wilder
Wilkins                Winstead

Total--50

Those who voted in the negative are:

Alexander, M.O.        Altman                 Arthur
Aydlette               Bailey, K.             Beasley
Bennett                Blanding               Boan
Carnell                Cooper                 Dangerfield
Day                    Derrick                Edwards
Faber                  Fair                   Felder
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Hawkins                Helmly
Hendricks              Holt                   Huff
Jones                  Keyserling             Klapman
Lewis                  Martin, D.             Mattos
McAbee                 McBride                McLellan
McLeod, E.B.           Neilson                Phillips, L.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sheheen
Shelton                Short                  Snow
Taylor                 Toal                   Townsend
Tucker                 Washington             Whipper
White                  Williams

Total--59

So, the House refused to table the Section.

LEAVE OF ABSENCE

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

Reps. CARNELL, McABEE and KAY proposed the following Amendment No. 262, which was adopted.

Amend as and if amended, by striking on page 129-014 Section 5 lines 36 through 38.

Amend title to conform.

Rep. CARNELL explained the amendment.

Reps. FAIR and SIMPSON spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 96; Nays 10

Those who voted in the affirmative are:

Alexander, T.C.        Arthur                 Bailey, K.
Baker                  Baxley                 Beasley
Bennett                Blackwell              Blanding
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Evatt
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Gentry                 Gilbert                Harris, J.
Harris, P.             Harvin                 Haskins
Hawkins                Hayes                  Hearn
Helmly                 Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Lewis                  Limehouse              Lockemy
Mappus                 Martin, L.             McAbee
McBride                McCain                 McEachin
McElveen               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           Moss
Neilson                Nesbitt                Nettles
Ogburn                 Petty                  Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Simpson
Snow                   Stoddard               Sturkie
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Washington
Wells                  Whipper                White
Wilder                 Wilkins                Winstead

Total--96

Those who voted in the negative are:

Alexander, M.O.        Altman                 Barfield
Martin, D.             McGinnis               Phillips, L.
Phillips, O.           Rice                   Sharpe
Shelton

Total--10

So, the amendment was adopted.

Rep. LOCKEMY spoke upon the Section.

The question then recurred to the adoption of the Section.

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

Yeas 55; Nays 55

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Aydlette
Bailey, K.             Beasley                Bennett
Blanding               Boan                   Carnell
Cooper                 Dangerfield            Day
Edwards                Elliott                Faber
Fair                   Felder                 Ferguson
Foster                 Gentry                 Gilbert
Gordon                 Harris, J.             Harris, P.
Hawkins                Helmly                 Hendricks
Holt                   Huff                   Johnson, J.C.
Keyserling             Klapman                Lewis
Martin, D.             McAbee                 McBride
McElveen               McLellan               McLeod, E.B.
Neilson                Phillips, L.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Taylor                 Toal                   Tucker
Washington             Whipper                White
Winstead

Total--55

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Baker                  Barfield               Baxley
Blackwell              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Chamblee               Clyborne               Cork
Corning                Davenport              Derrick
Evatt                  Foxworth               Harvin
Haskins                Hayes                  Hearn
Hodges                 Johnson, J.W.          Jones
Kay                    Kirsh                  Limehouse
Lockemy                Mappus                 Martin, L.
McCain                 McEachin               McGinnis
McKay                  McLeod, J.W.           Moss
Nesbitt                Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Sharpe                 Simpson                Snow
Stoddard               Sturkie                Thrailkill
Townsend               Wells                  Wilder
Wilkins

Total--55

So, Section 5 was rejected.

SECTION 6--ADOPTED

Rep. CORK proposed the following Amendment No. 39 (Doc. No. 3091Y), which was tabled.

Amend the bill, as and if amended, Part II, Section 6, as contained on page 129-014, by striking subsection B. of Section 6 and inserting:

/B. The provisions of this section take effect July 1, 1987, but no tax levied by this section may be collected until the certification of the results of a statewide advisory referendum the State Election Commission shall conduct on June 30, 1987, to determine if the qualified electors of this State are in favor of allowing alcoholic liquor to be served by the drink after being poured from bottles of 750 milliliters or more (big bottles) instead of being served from sealed containers of two ounces or less (minibottles). Ballots must be provided at the various precincts with the following words printed on the ballots:

"Do you favor allowing alcoholic liquor to be served by the drink after being poured from bottles of 750 milliliters or more (big bottles) instead of being served from sealed containers of two ounces or less (minibottles)?

Yes [ ]
No [ ]

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

The commissioners of election for each county shall conduct the election, canvass the results, and certify them immediately to the State Election Commission. The State Election Commission must be reimbursed by the State Treasurer for the cost of this advisory referendum from the revenue generated by the additional tax imposed by this section, and notwithstanding any other provision of law only two poll managers per precinct are required for this referendum./

Amend totals and title to conform.

Rep. CORK explained the amendment.

POINT OF ORDER

Rep. HUFF raised the Point of Order that Amendment No. 39 was out of order as it was not germane to the Bill under Rule 5.3.

The SPEAKER overruled the Point of Order.

Rep. CORK continued speaking.

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

Rep. T.M. BURRISS proposed the following Amendment No. 71 (Doc. No. 2924Y), which was tabled.

Amend the bill, as and if amended, Part II, Section 6, as contained on page 129-014 by striking Section 6 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. T.M. BURRISS explained the amendment.

Rep. FAIR moved to table the amendment.

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

Yeas 60; Nays 46

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Bailey, K.             Beasley                Bennett
Blanding               Boan                   Carnell
Chamblee               Cooper                 Dangerfield
Day                    Derrick                Faber
Fair                   Felder                 Ferguson
Gentry                 Gilbert                Gordon
Harris, J.             Hawkins                Hayes
Helmly                 Hendricks              Huff
Jones                  Keyserling             Koon
Lewis                  Martin, L.             Mattos
McAbee                 McBride                McGinnis
McLellan               McLeod, E.B.           Moss
Neilson                Nesbitt                Nettles
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Stoddard               Taylor                 Thrailkill
Toal                   Washington             Whipper
White                  Wilder                 Wilkins

Total--60

Those who voted in the negative are:

Altman                 Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Cork                   Corning                Davenport
Edwards                Elliott                Evatt
Foxworth               Harris, P.             Harvin
Haskins                Hearn                  Hodges
Johnson, J.C.          Johnson, J.W.          Kirsh
Limehouse              Lockemy                Mappus
Martin, D.             McCain                 McEachin
McKay                  McLeod, J.W.           Ogburn
Pearce                 Petty                  Rhoad
Sharpe                 Simpson                Snow
Sturkie                Townsend               Tucker
Wells

Total--46

So, the amendment was tabled.

Rep. T.M. BURRISS proposed the following Amendment No. 72 (Doc. No. 2926Y), which was tabled.

Amend the bill, as and if amended, Part II, Section 6, by striking /twenty-five cents/ as contained on line 6 of page 129-014 in the righthand column and inserting /ten cents/.

Amend totals and title to conform.

Rep. T.M. BURRISS explained the amendment.

Rep. M.O. ALEXANDER moved to table the amendment.

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

Yeas 66; Nays 41

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Bailey, K.             Beasley                Bennett
Blanding               Boan                   Carnell
Chamblee               Cooper                 Dangerfield
Derrick                Edwards                Faber
Fair                   Felder                 Ferguson
Gentry                 Gilbert                Gordon
Harris, J.             Hawkins                Hayes
Helmly                 Hendricks              Hodges
Holt                   Huff                   Jones
Keyserling             Kirsh                  Koon
Lewis                  Martin, L.             Mattos
McAbee                 McBride                McGinnis
McLellan               Moss                   Neilson
Nesbitt                Nettles                Petty
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Stoddard               Sturkie                Taylor
Thrailkill             Toal                   Townsend
Washington             Wells                  Whipper
White                  Wilder                 Wilkins

Total--66

Those who voted in the negative are:

Altman                 Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Cork                   Corning                Davenport
Day                    Elliott                Evatt
Foxworth               Harris, P.             Harvin
Hearn                  Johnson, J.C.          Johnson, J.W.
Kay                    Limehouse              Lockemy
Mappus                 Martin, D.             McCain
McEachin               McElveen               McKay
McLeod, E.B.           McLeod, J.W.           Ogburn
Pearce                 Rhoad                  Simpson
Snow                   Tucker

Total--41

So, the amendment was tabled.

Section 6 was adopted.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

SECTION 7--ADOPTED

Rep. T.M. BURRISS proposed the following Amendment No. 70 (Doc. No. 2907Y), which was tabled.

Amend the bill, as and if amended, Part II, Section 7, as contained on page 129-014, by striking Section 7 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. T.M. BURRISS explained the amendment.

Rep. McEACHIN spoke in favor of the amendment.

Rep. McABEE spoke against the amendment.

POINT OF ORDER

Rep. McEACHIN raised the Point of Order that Section 7 of Part II of the Bill was out of order as it mandated a general tax increase in violation of Code Section 11-11-440, which stipulated that no general tax increase, that is one which applies to over fifty percent of the population as a whole, may be provided for in the permanent provisions of the Appropriation Bill.

The SPEAKER stated that it did not apply to over fifty percent of the population, and he overruled the Point of Order.

Rep. McABEE continued speaking and moved to table the amendment.

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

Yeas 52; Nays 51

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Bailey, K.             Beasley                Bennett
Boan                   Carnell                Chamblee
Dangerfield            Edwards                Faber
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Hendricks              Holt
Huff                   Keyserling             Lewis
Lockemy                Martin, D.             Mattos
McAbee                 McBride                McGinnis
McLellan               McLeod, E.B.                Moss
Neilson                Nesbitt                     Nettles
Phillips, L.           Phillips, O.                Rice
Rogers, J.             Rogers, T.                  Rudnick
Sheheen                Snow                        Stoddard
Taylor                 Toal                        Townsend
Tucker                 Washington                  Whipper
White

Total--52

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Cooper                 Cork                   Corning
Davenport              Day                    Derrick
Evatt                  Felder                 Foxworth
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Hodges
Johnson, J.C.          Johnson, J.W.          Kirsh
Koon                   Limehouse              Mappus
Martin, L.             McCain                 McEachin
McElveen               McKay                  McLeod, J.W.
Ogburn                 Pearce                 Petty
Rhoad                  Sharpe                 Short
Simpson                Sturkie                Thrailkill
Wells                  Wilder                 Wilkins

Total--51

So, the amendment was tabled.

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

Yeas 48; Nays 50

Those who voted in the affirmative are:

Alexander, T.C.        Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Blackwell              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Clyborne               Cooper                 Cork
Corning                Davenport              Day
Derrick                Evatt                  Fair
Felder                 Foxworth               Harvin
Haskins                Hayes                  Hearn
Hodges                 Johnson, J.W.          Kirsh
Koon                   Limehouse              Lockemy
Mappus                 Martin, L.             McCain
McEachin               McElveen               McKay
McLeod, J.W.           Ogburn                 Petty
Sharpe                 Simpson                Sturkie
Wells                  Wilder                 Wilkins

Total--48

Those who voted in the negative are:

Alexander, M.O.        Arthur                 Bailey, K.
Beasley                Boan                   Carnell
Dangerfield            Edwards                Faber
Ferguson               Foster                 Gentry
Gilbert                Harris, P.             Hendricks
Holt                   Huff                   Keyserling
Lewis                  Martin, D.             Mattos
McAbee                 McBride                McGinnis
McLellan               McLeod, E.B.           Moss
Neilson                Nesbitt                Nettles
Pearce                 Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sheheen
Shelton                Short                  Snow
Stoddard               Taylor                 Toal
Townsend               Tucker                 Washington
Whipper                White

Total--50

So, the House refused to table the Section.

The question then recurred to the adoption of the Section.

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

Yeas 56; Nays 48

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Bailey, K.             Beasley                Boan
Carnell                Chamblee               Dangerfield
Day                    Edwards                Faber
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Holt                   Huff
Keyserling             Lewis                  Martin, D.
Mattos                 McAbee                 McBride
McGinnis               McLellan               McLeod, E.B.
Moss                   Neilson                Nesbitt
Nettles                Pearce                 Petty
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Snow
Stoddard               Taylor                 Toal
Townsend               Tucker                 Washington
Whipper                White                  Wilder
Wilkins                Winstead

Total--56

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Blackwell              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Clyborne               Cooper                 Cork
Corning                Davenport              Derrick
Evatt                  Fair                   Felder
Foxworth               Harvin                 Haskins
Hayes                  Hearn                  Hodges
Johnson, J.C.          Johnson, J.W.          Kay
Kirsh                  Koon                   Limehouse
Lockemy                Mappus                 Martin, L.
McCain                 McEachin               McElveen
McKay                  McLeod, J.W.           Ogburn
Sharpe                 Short                  Simpson
Sturkie                Thrailkill             Wells

Total--48

So, Section 7 was adopted.

LEAVE OF ABSENCE

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

SECTION 8--AMENDED AND ADOPTED

Reps. KIRSH, T.M. BURRISS, NEILSON, CORNING and P. BRADLEY proposed the following Amendment No. 111 (Doc. No. 3046Y), which was adopted.

Amend the bill, as and if amended, in Part II, Permanent Provisions, by striking Subsection B of Section 8, page 129-015, and inserting:

/B. Section 12-21-2728(c) of the 1976 Code, as last amended by Section 41, Part II, Act 540 of 1986, is further amended to read:

"(c) for devices described in Section 12-21-2720 (3) as follows:

(1) two thousand dollars for one to twenty-five machines,

(2) four thousand dollars for twenty-six to fifty machines,

(3) eight thousand dollars for fifty-one to one hundred machines,

(4) twelve thousand dollars for over one hundred machines."/

Renumber sections to conform.

Amend totals to conform.

Amend title of SECTION 8 to read:

/SECTION 8

TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LICENSING OF COIN-OPERATED DEVICES OR MACHINES, SO AS TO INCREASE FROM THREE HUNDRED SIXTY-FIVE TO FIVE HUNDRED FIFTY DOLLARS THE LICENSE ON ANY MACHINE OF THE NONPAYOUT TYPE, IN-LINE PIN GAME, OR VIDEO GAME WITH FREE PLAY FEATURE; AND SECTION 12-21-2728, AS AMENDED, RELATING TO OPERATOR'S MACHINES FOR COIN-OPERATED DEVICES, SO AS TO INCREASE THE LICENSE FOR DEVICES DESCRIBED IN SECTION 12-21-2720(3) ON A SCALE FROM TWO TO TWELVE THOUSAND DOLLARS BASED ON THE NUMBER OF MACHINES./

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. McEACHIN moved to table the Section.

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

Yeas 34; Nays 62

Those who voted in the affirmative are:

Baker                  Barfield               Baxley     y
Blackwell              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, T.M.          Clyborne
Cork                   Davenport              Derrick     k
Fair                   Foxworth               Harvin
Haskins                Hawkins                Hayes
Johnson, J.C.          Johnson, J.W.          Kirsh
Koon                   Lockemy                Mappus
Martin, L.             McCain                 McEachin
McKay                  Ogburn                 Simpson
Stoddard               Sturkie                Thrailkill
Wells

Total--34

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, K.             Bennett
Boan                   Burriss, M.D.          Carnell
Chamblee               Cooper                 Dangerfield
Day                    Edwards                Faber
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Hearn                  Hendricks
Hodges                 Holt                   Huff
Jones                  Kay                    Keyserling
Lewis                  Limehouse              Martin, D.
Mattos                 McAbee                 McBride
McGinnis               McLellan               McLeod, E.B.
Moss                   Nesbitt                Nettles
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, T.             Rudnick                Sheheen
Shelton                Short                  Snow
Taylor                 Toal                   Townsend
Tucker                 Washington             Whipper
White                  Winstead

Total--62

So, the House refused to table the Section.

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

Section 8 as amended was adopted.

SECTION 9--AMENDED AND ADOPTED

Ways and Means Committee proposed the following Amendment No. 34 (Doc. No. 2865Y), which was adopted.

Amend the bill, as and if amended, in Part II, Permanent Provisions, page 129-015, by striking SECTION 9 and inserting:

/SECTION 9

TO PROVIDE THAT THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY SHALL REMIT ANNUALLY FOUR MILLION DOLLARS TO THE STATE GENERAL FUND BEGINNING IN FISCAL YEAR 1987-88, TO THE EXTENT THAT THIS FUNDING REQUIREMENT DOES NOT VIOLATE THE PROVISIONS OF ANY INDENTURES RELATIVE TO BONDS; AND TO PROVIDE THAT THE STATE AUDITOR SHALL CONDUCT PERIODIC AUDITS OR REVIEWS OF THE ABOVE TO ENSURE COMPLIANCE WITH THIS PROVISION AND REPORT HIS FINDINGS TO THE STATE BUDGET AND CONTROL BOARD AND TO THE HOUSE WAYS AND MEANS COMMITTEE AND SENATE FINANCE COMMITTEE.

Pursuant to the provisions of Section 58-31-110 of the 1976 Code, the South Carolina Public Service Authority shall remit annually four million dollars to the State General Fund beginning in Fiscal Year 1987-88, to the extent that this funding requirement does not violate the provisions of any indentures relative to bonds. The State Auditor shall conduct periodic audits or reviews of the above to ensure compliance with this provisions and report his findings to the State Budget and Control Board, the Ways and Means Committee of the House of Representatives, and the Senate Finance Committee./

Renumber sections to conform.

Amend totals and title to conform.

Section 9 as amended was adopted.

SECTION 10--AMENDED AND ADOPTED
POINT OF ORDER

Rep. KIRSH raised the Point of Order that lines 38-44 of Section 10, Part II were not germane to the Bill under Rule 5.3.

The SPEAKER overruled the Point of Order.

Rep. KIRSH proposed the following Amendment No. 125 (Doc. No. 3072Y), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 10, page 129-015, right column, by striking beginning on line 36 /No more nor no less than 48.7 percent of the EIA fund for Fiscal Year 1987-88 and no more nor no less than 41.6 percent of the fund for subsequent fiscal years must be expended for teacher salaries including incentive pay. Any change in the management or use of this EIA fund for other than elementary and secondary education or in the percentage of the fund allocated for salaries is permitted only by a two-thirds vote as provided in this section./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

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

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

Yeas 30; Nays 74

Those who voted in the affirmative are:

Alexander, M.O.        Bailey, K.             Beasley
Bennett                Edwards                Elliott
Faber                  Foster                 Gilbert
Harris, J.             Huff                   Johnson, J.C.
Jones                  Keyserling             Lewis
McBride                McLellan               Phillips, L.
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Shelton
Snow                   Taylor                 Toal
Washington             Whipper                White

Total--30

Those who voted in the negative are:

Alexander, T.C.        Altman                 Arthur
Aydlette               Bailey, G.             Baker
Baxley                 Blackwell              Boan
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cooper
Cork                   Dangerfield            Davenport
Derrick                Evatt                  Fair
Felder                 Ferguson               Foxworth
Harris, P.             Harvin                 Haskins
Hawkins                Hayes                  Hearn
Helmly                 Hendricks              Hodges
Holt                   Johnson, J.W.          Kay
Kirsh                  Koon                   Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McElveen
McGinnis               McKay                  McLeod, E.B.
McLeod, J.W.           Moss                   Neilson
Nesbitt                Nettles                Ogburn
Pearce                 Petty                  Phillips, O.
Rhoad                  Rice                   Short
Simpson                Stoddard               Sturkie
Thrailkill             Townsend               Tucker
Wells                  Wilder

Total--74

So, the House refused to table the amendment.

Reps. LEWIS, J.C. JOHNSON and KEYSERLING spoke against the amendment.

Reps. HUFF, THRAILKILL and KIRSH spoke in favor of the amendment.

Rep. KEYSERLING moved to table the amendment.

POINT OF ORDER

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

The question then recurred to the adoption of the amendment.

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

Yeas 78; Nays 27

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Arthur
Aydlette               Bailey, G.             Baker
Barfield               Baxley                 Bennett
Blackwell              Boan                   Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Elliott                Evatt
Fair                   Felder                 Ferguson
Foxworth               Harris, P.             Harvin
Haskins                Hawkins                Hearn
Helmly                 Hendricks              Hodges
Holt                   Johnson, J.W.          Jones
Kay                    Kirsh                  Koon
Limehouse              Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McCain                 McEachin
McElveen               McGinnis               McKay
McLeod, E.B.           McLeod, J.W.           Moss
Nesbitt                Ogburn                 Pearce
Petty                  Phillips, O.           Rhoad
Rice                   Short                  Simpson
Snow                   Stoddard               Sturkie
Thrailkill             Townsend               Tucker
Wells                  Wilder                 Wilkins

Total--78

Those who voted in the negative are:

Alexander, M.O.        Bailey, K.             Beasley
Edwards                Faber                  Foster
Gilbert                Harris, J.             Hayes
Huff                   Johnson, J. C.         Keyserling
Lewis                  McBride                McLellan
Nettles                Phillips, L.           Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Taylor
Toal                   Whipper                White

Total--27

So, the amendment was adopted.

Reps. TOWNSEND, HUFF, TUCKER and KAY proposed the following Amendment No. 244 (Doc. No. 3219Y), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, page 120-015, by striking SECTION 10 and inserting:

/SECTION 10

TO AMEND SECTION 59-20-50 OF THE 1976 CODE, RELATING TO TEACHERS' SALARIES, SO AS TO PROVIDE THAT THE STATE MINIMUM SALARY SCHEDULE FOR TEACHERS MUST BE ADJUSTED ANNUALLY TO MAINTAIN AN AVERAGE SALARY EQUAL TO TWO HUNDRED THIRTY PERCENT OF THE IMMEDIATE THREE PRECEDING YEARS AVERAGE PER CAPITA INCOME FOR THIS STATE AS DEFINED BY THE UNITED STATES DEPARTMENT OF COMMERCE.

A. Section 59-20-50(4)(b) of the 1976 Code is amended to read:

"(b) The state minimum salary schedule must be based on the state minimum salary schedule index in effect as of July 1, 1984. In Fiscal Year 1985, the 1.000 figure in the index will be $14,172. (This figure is based on a 10.27 percent increase pursuant to the South Carolina Education Improvement Act of 1984.) Beginning with fiscal year 1987-88, the 1.000 figure in the index must be adjusted annually on a schedule to stay at two hundred thirty percent of the immediate three preceding years average per capita income for this State as defined by the United States Department of Commerce. Under this schedule, school districts are required to maintain local salary supplements per teacher no less than their 1983-84 level. In Fiscal Year 1986 and thereafter teacher pay raises through adjustments in the state's minimum salary schedule may be provided only to teachers who demonstrate minimum knowledge proficiency by meeting one of the following criteria:

1. holding a valid professional certificate;

2. having a score of 425 or greater on the Commons Examination of the National Teachers Examinations;

3. meeting the minimum qualifying score on the appropriate area teaching examination; or

4. meeting the minimum standards on the basic skills examinations as prescribed by the State Board of Education provided in Section 59-26-20.
Any fees applicable to the required examinations will be paid by the examinee. The criteria listed in subitems 1 through 4 do not have to be demonstrated by teachers having twenty-five years or more of teaching service as of the effective date of the South Carolina Education Improvement Act of 1984 in order for their pay raises to be provided."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR
LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. HENDRICKS a temporary leave of absence.

Rep. HUFF spoke in favor of the amendment

Reps. LIMEHOUSE and LEWIS spoke against the amendment.

SPEAKER IN CHAIR

Rep. LEWIS moved to table the amendment.

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

Yeas 55; Nays 50

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Bailey, K.             Baxley                 Beasley
Boan                   Brown, J.              Brown, R.
Burriss, M.D.          Dangerfield            Day
Edwards                Elliott                Evatt
Faber                  Fair                   Ferguson
Foster                 Gilbert                Harris, J.
Harvin                 Hayes                  Johnson, J.W.
Keyserling             Lewis                  Limehouse
Lockemy                Martin, L.             Mattos
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod, J.W.           Nesbitt                Nettles
Ogburn                 Pearce                 Petty
Phillips, L.           Phillips, O.           Rogers, J.
Rogers, T.             Rudnick                Sheheen
Shelton                Short                  Taylor
Toal                   Wells                  Wilder
Wilkins

Total--55

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Bailey, G.
Baker                  Barfield               Bennett
Blackwell              Brown, H.              Burriss, J.H.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Davenport              Derrick                Felder
Foxworth               Gordon                 Harris, P.
Haskins                Hearn                  Helmly
Holt                   Huff                   Johnson, J.C.
Jones                  Kay                    Klapman
Koon                   Mappus                 Martin, D.
McAbee                 McElveen               McLeod, E.B.
Moss                   Rhoad                  Rice
Sharpe                 Simpson                Snow
Stoddard               Sturkie                Thrailkill
Townsend               Tucker                 Waldrop
Whipper                White

Total--50

So, the amendment was tabled.

Section 10 as amended was adopted.

SECTION 11--ADOPTED
POINT OF ORDER

Rep. HASKINS raised the Point of Order that Section 11 of Part II was not germane to the Bill under Rule 5.3.

The SPEAKER stated the Section directly related to appropriations in Part I, therefore he overruled the Point of Order.

Rep. LEWIS explained the Section.

Section 11 was then adopted by a division vote of 67 to 10.

SECTION 12--RULED OUT OF ORDER
POINT OF ORDER

Rep. J. W. JOHNSON raised the Point of Order that Section 12 of Part II was out of order as it was identical to Section 30.75 of Part I which had been previously been ruled out of order as it did not comply with Rule 5.3.

The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.

SECTION 13

Section 13 was adopted.

SECTION 14--ADOPTED

Reps. T. M. BURRISS, HAWKINS, HEARN, McCAIN, THRAILKILL, SHARPE, L. MARTIN and WALDROP proposed the following Amendment No. 68 (Doc. No. 2909Y), which was tabled.

Amend the bill, as and if amended, Part II, Section 14, which begins on page 129-017, by striking Section 14 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. T.M. BURRISS explained the amendment.

Rep. T. ROGERS spoke against the amendment.

Rep. BAKER spoke in favor of the amendment.

Rep. T. ROGERS spoke against the amendment and moved to table the amendment.

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

Yeas 61; Nays 50

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Bailey, K.             Beasley                Bennett
Boan                   Brown, J.              Carnell
Chamblee               Cooper                 Dangerfield
Edwards                Elliott                Faber
Ferguson               Gentry                 Gilbert
Gordon                 Harris, J.             Harris, P.
Hawkins                Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Jones                  Keyserling             Klapman
Lewis                  Martin, D.             Mattos
McAbee                 McBride                McElveen
McGinnis               McLellan               McLeod, E.B.
Nesbitt                Nettles                Petty
Phillips, L.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Snow                   Stoddard               Taylor
Toal                   Townsend               Tucker
Waldrop                Washington             Whipper
White

Total--61

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Bailey, G.
Baker                  Barfield               Baxley
Blackwell              Brown, H.              Brown, R.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Clyborne               Cork                   Corning
Davenport              Day                    Derrick
Evatt                  Fair                   Foster
Foxworth               Harvin                 Haskins
Hayes                  Hearn                  Helmly
Johnson, J.W.          Kirsh                  Koon
Limehouse              Lockemy                Mappus
Martin, L.             McCain                 McEachin
McKay                  McLeod, J.W.           Moss
Neilson                Ogburn                 Pearce
Phillips, O.           Sharpe                 Simpson
Sturkie                Thrailkill             Wells
Wilder                 Wilkins

Total--50

So, the amendment was tabled.

The question then recurred to the adoption of the Section.

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

Yeas 63; Nays 49

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Bailey, K.             Beasley                Bennett
Boan                   Brown, J.              Carnell
Chamblee               Cooper                 Dangerfield
Edwards                Faber                  Felder
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Harris, J.
Harris, P.             Hendricks              Hodges
Holt                   Huff                   Johnson, J.C.
Jones                  Keyserling             Klapman
Lewis                  Martin, D.             Mattos
McAbee                 McBride                McElveen
McGinnis               McLellan               McLeod, E.B.
Moss                   Neilson                Nesbitt
Nettles                Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sheheen
Shelton                Short                  Snow
Stoddard               Taylor                 Toal
Townsend               Tucker                 Waldrop
Washington             Whipper                White

Total--63

Those who voted in the negative are:

Alexander, T.C.        Aydlette               Bailey, G.
Baker                  Baxley                 Blackwell
Brown, H.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Cork                   Corning                Davenport
Day                    Derrick                Elliott
Evatt                  Fair                   Foxworth
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Helmly
Johnson, J.W.          Kay                    Kirsh
Koon                   Limehouse              Lockemy
Mappus                 Martin, L.             McCain
McEachin               McKay                  McLeod, J.W.
Ogburn                 Pearce                 Petty
Sharpe                 Simpson                Sturkie
Thrailkill             Wells                  Wilder
Wilkins

Total--49

So, Section 14 was adopted.

MOTION NOTED

Rep. OGBURN moved to reconsider the vote whereby Section 10 was adopted and Amendment No. 244 was tabled and the motion was noted.

SECTION 15--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 27 (Doc. No. 2914Y), which was adopted.

Amend the bill, as and if amended, PART II-PERMANENT PROVISIONS, by striking SECTION 15, and inserting:

/SECTION 15

TO AMEND SECTION 11-9-880 OF THE 1976 CODE, RELATING TO THE BOARD OF ECONOMIC ADVISORS' FORECASTS OF ECONOMIC CONDITIONS, ADJUSTMENTS TO THOSE FORECASTS, REVIEW OF GENERAL FUND REVENUE COLLECTION, AND THE BOARD OF ECONOMIC ADVISORS' REPORT TO THE BUDGET AND CONTROL BOARD, SO AS TO MAKE CHANGES WITH RESPECT TO CERTAIN OF THESE PROVISIONS, INCLUDING, AMONG OTHER THINGS, PROVIDING FOR A REVENUE CAP FORMULA, PROVIDE THAT THE BOARD OF ECONOMIC ADVISORS MAY CONSULT WITH OUTSIDE ECONOMIC EXPERTS WITH RESPECT TO CERTAIN ECONOMIC BUSINESS CONDITIONS PRIOR TO MAKING OR ADJUSTING ANY FORECAST, RATHER THAN TO REQUIRE SUCH CONSULTATION, DELETE THE PROVISION THAT THE FEBRUARY FIFTEENTH FORECAST MAY BE ADJUSTED MONTHLY IF THE BOARD OF ECONOMIC ADVISORS DETERMINES THAT CHANGING ECONOMIC CONDITIONS HAVE AFFECTED THAT PARTICULAR FORECAST, AND DELETE THE REQUIREMENTS THAT THE BOARD OF ECONOMIC ADVISORS COMPARE DURING THE FIRST THREE QUARTERS OF EACH FISCAL YEAR ITS FORECAST OF STATE REVENUES WITH ACTUAL STATE INCOME AND THAT THE BOARD REVIEW GENERAL FUND REVENUE COLLECTIONS EACH YEAR BY DECEMBER THIRTY-FIRST AND PROVIDE TO THE GOVERNOR, BUDGET AND CONTROL BOARD, AND GENERAL ASSEMBLY A SYNOPSIS OF THE REVENUE OUTLOOK FOR THE NEXT SIX MONTHS.

Section 11-9-880 of the 1976 Code is amended to read:

"Section 11-9-880. (A) The Board of Economic Advisors shall make an initial forecast of economic conditions in the State and state revenues for the next fiscal year no later than November first of each year. Adjustments to the forecast must be considered on December first and January first. A final forecast for the next fiscal year must be made on February fifteenth. The revenue forecast for the next fiscal year must be the lower of (a) the February 15 forecast of the Board of Economic Advisors or (b) the revenue cap computed based on the following formula: (i) the actual general fund collections for the immediately preceding calendar year, and (ii) for fiscal year 1987-88, eighty-two percent of the actual average annual growth of the general fund collections for the immediately preceding calendar year and four prior calendar years' growth of general fund collections, and (iii) for fiscal year 1988-89, seventy percent of the actual average annual growth of the general fund collections for the immediately preceding calendar year and four prior calendar years' growth of general fund collections, and (iv) for fiscal year 1989-90 and subsequent fiscal years, sixty percent of the actual average annual growth of the general fund collections for the immediately preceding calendar year and four prior calendar years' growth of general fund collections. Notwithstanding the above provisions, any additional revenue enhancements must receive a two-thirds vote of those present at each stage in the appropriation process (Ways and Means Committee, House of Representatives, Senate Finance Committee, and Senate) to be included in the official revenue forecast for appropriation purposes. These provisions concerning the requirement of a two-thirds vote do not apply to general tax increases or new taxes which affect fifty percent or more of the State's population. Prior to making or adjusting any forecast, the Board may consult with outside economic experts with respect to national and South Carolina economic business conditions. All forecasts and adjusted forecasts must contain:

(1) a brief description of the econometric model and all assumptions and basic decisions underlying the forecasts;

(2) a projection of state revenues on a quarterly basis;

(3) separate discussions of any industry which employs more than twenty percent of the State's total nonagricultural employment and separate projections for these industries.

(B) All forecasts, adjusted forecasts, and reports of the Board of Economic Advisors must be reported to the members of the Budget and Control Board and provided to members of the General Assembly and made available to the news media. "/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

POINT OF ORDER

Rep. McABEE raised the Point of Order that lines 8-17, righthand column, of Section 15 of Part II were not germane to the Bill under Rule 5.3.

The SPEAKER stated the lines did not constitute a clearly identifiable subsection able to stand on its own, and he overruled the Point of Order.

Section 15 as amended was adopted.

MOTION NOTED

Rep. CARNELL moved to reconsider the vote whereby Amendment No. 201 on Section 41 was adopted and the motion was noted.

SECTION 16--ADOPTED

Reps. T.M BURRISS, HAWKINS, THRAILKILL, SHARPE, HEARN, McCAIN, L. MARTIN and WALDROP proposed the following Amendment No. 69 (Doc. No. 2908Y), which was rejected.
Amend the bill, as and if amended, Part II, Section 16, which begins on page 129-017, by striking Section 16 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. T.M. BURRISS explained the amendment.

Rep. T. ROGERS moved to table the amendment.

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

Yeas 52; Nays 60

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Beasley
Boan                   Brown, J.              Brown, R.
Carnell                Cooper                 Dangerfield
Edwards                Elliott                Faber
Felder                 Ferguson               Foster
Gilbert                Gordon                 Harris, J.
Harris, P.             Hendricks              Hodges
Holt                   Jones                  Keyserling
Lewis                  Mattos                 McAbee
McBride                McElveen               McGinnis
McLellan               McLeod, E.B.           McLeod, J.W.
Neilson                Nettles                Pearce
Phillips, L.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Stoddard               Taylor                 Toal
Tucker                 Washington             Whipper

Total--52

Those who voted in the negative are-

Alexander, T.C.        Altman                 Aydlette
Bailey, G.             Bailey, K.             Baker
Barfield               Baxley                 Bennett
Blackwell              Brown, H.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Chamblee
Clyborne               Cork                   Corning
Davenport              Day                    Derrick
Evatt                  Fair                   Foxworth
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Helmly
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Kirsh                  Klapman
Koon                   Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
McCain                 McEachin               McKay
Moss                   Nesbitt                Ogburn
Petty                  Phillips, O.           Sharpe
Simpson                Snow                   Sturkie
Thrailkill             Townsend               Waldrop
Wells                  Wilder                 Wilkins

Total--60

So, the House refused to table the amendment.

Rep. McABEE spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LIMEHOUSE a temporary leave of absence for 30 minutes.

Rep. McABEE continued speaking.

Rep. HASKINS spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 44; Nays 62

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Aydlette
Bailey, G.             Baker                  Baxley
Bennett                Blackwell              Brown, H.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Clyborne               Cork                   Corning
Davenport              Derrick                Evatt
Fair                   Foxworth               Harvin
Haskins                Hayes                  Hearn
Johnson, J.W.          Kay                    Kirsh
Koon                   Lockemy                Mappus
Martin, L.             McCain                 McEachin
McGinnis               McLeod, J.W.           Ogburn
Phillips, O.           Rhoad                  Sharpe
Simpson                Sturkie                Thrailkill
Townsend               Wells

Total--44

Those who voted in the negative are:

Alexander, M.O.        Arthur                 Bailey, K.
Beasley                Boan                   Brown, J.
Brown, R.              Carnell                Chamblee
Dangerfield            Day                    Edwards
Elliott                Faber                  Felder
Ferguson               Foster                 Gilbert
Gordon                 Harris, J.             Harris, P.
Hawkins                Helmly                 Hendricks
Hodges                 Holt                   Huff
Johnson, J.C.          Jones                  Keyserling
Klapman                Lewis                  Martin, D.
Mattos                 McAbee                 McBride
McLellan               McLeod, E.B.           Moss
Nesbitt                Nettles                Pearce
Petty                  Phillips, L.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Snow                   Stoddard               Taylor
Toal                   Tucker                 Waldrop
Washington             Whipper                White
Wilder                 Wilkins

Total--62

So, the amendment was rejected.

Rep. R. BROWN proposed the following Amendment No. 110 (Doc. No. 2965Y), which was tabled.

Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, beginning on page 129-017 and line 31, by striking SECTION 16 and inserting:

/SECTION 16

TO AMEND SECTION 12-21-380, OF THE 1976 CODE, AS AMENDED, RELATING TO TAXES ON INSTRUMENTS OF CONVEYANCE OF REALTY, SO AS TO INCREASE THE TAX AND TO PROVIDE FOR THE DEPOSIT OF THE INCREASE.

A. Section 12-21-380 of the 1976 Code, as last amended by Section 10 of Part II of Act 540 of 1986, is further amended to read:

"Section 12-21-380. A deed, instrument, or writing whereby any lands, tenements, or other realty sold is granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other person by his direction when the consideration or value of the interest or property conveyed exclusive of the value of any lien or encumbrance remaining on the property at the time of sale exceeds one hundred dollars and does not exceed five hundred dollars must be taxed one dollar and fifty-five cents and for each additional five hundred dollars, or fractional part of five hundred dollars, one dollar and fifty-five cents. Ten cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and ten cents of the tax on each additional increment of five hundred dollars must be paid to the Heritage Land Trust Fund. Ten cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and ten cents of the tax on each additional increment of five hundred dollars must be deposited in a special fund of the local government division of the State Budget and Control Board, to be divided equally among the districts of the House of Representatives, expended exclusively for the improvement of fire protection services within each district, upon the written request of each district's representative to the House of Representatives and the senators representing the district. Thirty-five cents of the tax on those sales over one hundred dollars but not exceeding five hundred dollars and thirty-five cents of the tax on each additional increment of five hundred dollars must be deposited in the general fund of the State. Any deed, instrument, or writing whereby any lands, tenements, or other realty is granted, assigned, transferred, or otherwise conveyed to, or vested in, South Carolina, or any of its political subdivisions and departments, for highway or other public purposes is exempted from the documentary tax requirements of this section, and any clerk of court or register of mesne conveyances may record these deeds or other instruments without revenue stamps affixed and without penalty."

B. The provisions of this section take effect July 1, 1987. /

Renumber sections to conform.

Amend totals and title to conform.

Rep. R. BROWN explained the amendment.

Reps. T.M. BURRISS and McLELLAN spoke against the amendment.

Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 69 to 21.

Rep. HASKINS proposed the following Amendment No. 268, which was tabled.

Amend as and if amended, Part II, Section 16, on page 129-018 by adding on line 05 after the word "cents": /up to a maximum tax of $2,900.00./

Amend title and totals to conform.

Rep. HASKINS explained the amendment.

Rep. TOAL moved to table the amendment.

Rep. T.M. BURRISS demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 64 to 30.

Rep. McEACHIN moved to table the Section.

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

Yeas 39; Nays 61

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Aydlette
Bailey, G.             Baker                  Baxley
Blackwell              Brown, H.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Clyborne
Cork                   Corning                Davenport
Derrick                Evatt                  Fair
Foxworth               Haskins                Hayes
Hearn                  Johnson, J.W.          Koon
Lockemy                Mappus                 Martin, L.
McCain                 McEachin               McKay
McLeod, J.W.           Ogburn                 Petty
Sharpe                 Simpson                Sturkie
Thrailkill             Wells                  Wilder

Total--39

Those who voted in the negative are:

Alexander, M.O.        Arthur                 Bailey, K.
Beasley                Bennett                Boan
Brown, J.              Brown, R.              Carnell
Chamblee               Cooper                 Dangerfield
Day                    Edwards                Elliott
Faber                  Felder                 Foster
Gilbert                Gordon                 Harris, J.
Harris, P.             Hawkins                Helmly
Hendricks              Hodges                 Holt
Huff                   Johnson, J.C.          Keyserling
Kirsh                  Lewis                  Martin, D.
Mattos                 McAbee                 McBride
McElveen               McGinnis               McLellan
McLeod, E.B.           Nesbitt                Nettles
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Snow                   Stoddard               Taylor
Toal                   Tucker                 Waldrop
Washington             Whipper                White
Wilkins

Total--61

So, the House refused to table the Section.

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

SECTION 17--ADOPTED

Rep. McEACHIN moved to table the Section.

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

Yeas 41; Nays 62

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Baker
Baxley                 Blackwell              Brown, H.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Clyborne               Cork
Corning                Davenport              Derrick
Fair                   Foxworth               Harvin
Haskins                Hayes                  Hearn
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Kirsh                  Koon
Lockemy                Mappus                 Martin, L.
McCain                 McEachin               McKay
McLeod, J.W.           Moss                   Ogburn
Petty                  Simpson                Sturkie
Thrailkill             Wells

Total--41

Those who voted in the negative are:

Alexander, M.O.        Altman                 Arthur
Aydlette               Bailey, K.             Beasley
Bennett                Boan                   Brown, J.
Carnell                Chamblee               Cooper
Dangerfield            Edwards                Elliott
Evatt                  Faber                  Felder
Ferguson               Foster                 Gilbert
Gordon                 Harris, J.             Harris, P.
Helmly                 Hendricks              Hodges
Holt                   Jones                  Keyserling
Lewis                  Martin, D.             Mattos
McAbee                 McBride                McElveen
McGinnis               McLellan               McLeod, E.B.
Nesbitt                Nettles                Pearce
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Shelton                Short
Snow                   Stoddard               Taylor
Toal                   Tucker                 Waldrop
Washington             Whipper                White
Wilder                 Wilkins

Total--62

So, the House refused to table the Section.

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

SECTION 18--AMENDED AND ADOPTED

Rep. BEASLEY moved to adjourn debate upon the Section.

Rep. FELDER moved to table the motion which was agreed to by a division vote of 77 to 10.

Reps. J. ROGERS and BEASLEY proposed the following Amendment No. 271 (Doc. No. 3263Y), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, by striking SECTION 18 and inserting:

/SECTION 18

TO AMEND SECTION 48-47-175 OF THE 1976 CODE, RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT AND THE TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL, SO AS TO CHANGE THE AMOUNT OF TAX IMPOSED ON EACH CUBIC FOOT OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED OF IN THIS STATE FROM FOUR DOLLARS A CUBIC FOOT TO EIGHT DOLLARS A CUBIC FOOT.

A. Section 48-47-175A of the 1976 Code is amended to read:

"A. There is imposed a tax of eight dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State."

B. This section is effective for low-level radioactive waste disposed of after June 30, 1987./

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. ROGERS explained the amendment.

Reps. WILDER and SIMPSON spoke against the amendment.

The amendment was then adopted by a division vote of 63 to 35.

Section 18 as amended was adopted.

RECORD FOR VOTING

I wish to be recorded as voting No to the Increase of the Nuclear Amendment.

Rep. THOMAS N. RHOAD

SECTION 19--AMENDED AND ADOPTED

Reps. P. HARRIS and RICE proposed the following Amendment No. 107 (Doc. No. 3035Y), which was adopted.

Amend the bill, as and if amended, in Part II, SECTION 19, page 129-018, by striking Section 12-35-1155, as contained in subsection B and inserting:

/B. Article 9, Chapter 35 of Title 12 of the 1976 Code is amended by adding:

"Section 12-35-1155. Notwithstanding the provisions of Section 12-35-170, the license and the sales and use tax imposed by this chapter apply with respect to the gross proceeds derived from the sale by an insurance company of any motor vehicle acquired by the company in settlement of any claim made against an insured of the company. This section applies only to vehicles sold intact for repair and resale. The limitation on the tax provided in Section 12-35-516 applies to the sale."

Renumber sections to conform.

Amend totals to conform.

Amend title to read:

/SECTION 19

TO AMEND SECTION 12-35-90 OF THE 1976 CODE, RELATING TO DEFINITIONS FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO INCLUDE WITHIN THE DEFINITION OF "RETAILER" AN INSURANCE COMPANY SELLING MOTOR VEHICLES ACQUIRED IN SETTLEMENT OF CLAIMS AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1155 SO AS TO IMPOSE THE SALES AND USE TAX ON THE GROSS PROCEEDS OF THE SALE OF MOTOR VEHICLES ACQUIRED BY INSURANCE COMPANIES IN SETTLEMENT OF CLAIMS IF THE VEHICLE REMAINS INTACT AND IS REPAIRED./

Rep. P. HARRIS explained the amendment.

The amendment was then adopted.

Section 19 as amended was adopted.

SECTION 20--ADOPTED

The Ways and Means Committee proposed the following Amendment No. 35 to H. 2590 (Doc. No. 2796Y), which was tabled.

Amend the bill, as and if amended, in PART II, Permanent Provisions, page 129-019, by striking SECTION 20 and inserting:

/SECTION 20

TO AMEND SECTION 61-9-310, AS AMENDED, OF THE 1976 CODE, RELATING TO PERMITS AND FILING FEES TO SELL BEER OR WINE, SO AS TO INCREASE THE RETAIL LICENSE FEE FROM ONE HUNDRED TWENTY-FIVE TO TWO HUNDRED DOLLARS.

A. Section 61-9-310 of the 1976 Code, as last amended by Act 453 of 1986, is further amended to read:

"Section 61-9-310. Every person engaging in the business of selling beer, ale, porter, wine, or any beverage which has been declared to be nonalcoholic and nonintoxicating under the provisions of Section 61-9-10 shall apply to the South Carolina Alcoholic Beverage Control Commission for a permit to sell these beverages. Each applicant shall pay a filing fee of one hundred dollars which is not refundable. Retail dealers shall pay to the Commission two hundred dollars a year for retail permits, and wholesale dealers shall pay to the Commission one thousand dollars a year for wholesale permits. Permits expire on September thirtieth of each year. Separate permits are required for each separate place of business. Permits issued during license year 1986-87 expire on September 30, 1987."

B. The provisions of this section take effect October 1, 1987./

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLELLAN explained the amendment.

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

Section 20 was then adopted.

SECTION 21--ADOPTED

Reps. BLANDING and HARVIN proposed the following Amendment No. 264 (Doc. No. 3235Y), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, page 129-019, by deleting SECTION 21 beginning on line 4.

Renumber sections to conform.

Amend totals and title to conform.

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

Rep. McEACHIN moved to table the Section, which was not agreed to by a division vote of 41 to 58.

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

Rep. AYDLETTE proposed the following Amendment No. 6 (Doc. No. 2894Y), which was tabled.

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

/SECTION

TO AMEND THE 1976 CODE, BY ADDING SECTION 12-21-625, SO AS TO IMPOSE AN ADDITIONAL TAX OF ONE CENT ON EACH PACK OF CIGARETTES AND TO PROVIDE THAT THE REVENUE DERIVED FROM THE TAX MUST BE USED FOR CANCER AND LUNG DISEASE RESEARCH IN THIS STATE.

A. Article 5, Chapter 21 of Title 12 of the 1976 Code is amended by adding:

"Section 12-21-625(A) In addition to the tax imposed on cigarettes by Section 12-21-620(5), there is imposed an additional tax of one mill on all cigarettes made of tobacco or any tobacco substitute. This additional tax must be paid and collected in the manner that the tax imposed by Section 12-21-620(5) is paid and collected.

(B) The revenue derived from the tax imposed by this section must be credited to the South Carolina Cancer and Lung Disease Research Fund, a fund separate and distinct from the general fund of the State. Revenues in the South Carolina Cancer and Lung Disease Research Fund may be appropriated by the General Assembly only for cancer and lung disease research in this State."

B. This section takes effect July 1, 1987./

Renumber sections to conform.

Amend totals and title to conform.

Rep. SNOW moved to table the amendment, which was agreed to by a division vote of 78 to 18.

Reps. KIRSH, FELDER, KLAPMAN and TOAL proposed the following Amendment No. 18 (Doc. No. 3262Y), which was adopted.

Amend the bill, as and if amended, PART II-PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered, as follows:

/SECTION 22.

TO AMEND SECTIONS 11-9-810 OF THE 1976 CODE, RELATING TO FINDINGS AND PURPOSE CONCERNING PROJECTING AND FORECASTING STATE REVENUES AND EXPENDITURES, SO AS TO DELETE CERTAIN LANGUAGE, INCLUDING REFERENCES TO "EXPENDITURES"; 11-9-820, RELATING TO THE BOARD OF ECONOMIC ADVISORS, SO AS TO RECONSTITUTE THE MEMBERSHIP OF THE BOARD, PROVIDE FOR THE APPOINTMENT OF A CHAIRMAN, DELETE CERTAIN PROVISIONS, AND PROVIDE, AMONG OTHER THINGS, THAT THE BOARD SHALL APPOINT A PANEL CONSISTING OF AT LEAST FIVE EXPERTS TO ADVISE IT ON NATIONAL AND STATE ECONOMIC CONDITIONS AND TRENDS; 11-9-830, RELATING TO THE DUTIES OF THE BOARD OF ECONOMIC ADVISORS, SO AS TO, AMONG OTHER THINGS, REVAMP THOSE DUTIES; AND 11-9-840, RELATING TO PROCEDURES RELATIVE TO CHANGES IN REVENUE OR EXPENDITURE FORECAST OR PROJECTION, ADJUSTMENTS IN APPROPRIATIONS OR REQUESTS, MEETINGS OF THE BOARD OF ECONOMIC ADVISORS, AND THE BOARD OF ECONOMIC ADVISORS AS OFFICIAL STATE VOICE ON ECONOMIC MATTERS, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO "EXPENDITURES", DELETE OTHER PROVISIONS, INCLUDING TIME OF NOTIFICATION TO THE WAYS AND MEANS COMMITTEE AND SENATE FINANCE COMMITTEE CONCERNING CERTAIN INFORMATION, CHANGE THE SCHEDULE OF WHEN THE BOARD OF ECONOMIC ADVISORS MUST MEET FORMALLY, PROVIDE THAT THE CHAIRMAN OF THE BOARD OF ECONOMIC ADVISORS IS RESPONSIBLE FOR FORMULATING A CONSENSUS AND FOR GENERALLY ACTING AS A SPOKESMAN, PROVIDE THAT ANY APPROPRIATE GOVERNMENTAL ENTITY IDENTIFYING OR REQUESTING A CHANGE IN THE OFFICIAL REVENUE FORECAST OR PROJECTION EXCEEDING ONE HUNDRED THOUSAND DOLLARS, FOR A SPECIFIED PERIOD OF TIME, SHALL GIVE CERTAIN NOTIFICATION, AND TO PROVIDE THAT OF THE FUNDS APPROPRIATED FOR FISCAL YEAR 1987-88 THE CHAIRMAN OF THE BOARD SHALL RECEIVE FROM THE BUDGET AND CONTROL BOARD CIVIL CONTINGENT FUND AN AMOUNT NOT TO EXCEED EIGHT THOUSAND DOLLARS AND FOR EACH YEAR AFTER THAT AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS.

A. Section 11-9-810 of the 1976 Code is amended to read:

"Section 11-9-810. The General Assembly finds and declares that the present system of advising the Budget and Control Board and General Assembly on economic trends has, at times, developed in a fragmented manner and that a unified system of dealing with the collection, analysis, interpretation, and presentation of matters relative to the economy is urgently needed for the orderly development of projections and forecasts as relates to revenues for a specified period of time. It is the purpose of this provision to establish an organizational and procedural framework governing formulation and review of all state revenues for all state programs and to establish general policy governing the administration of the Office of the Board of Economic Advisors."

B. Section 11-9-820 of the 1976 Code is amended to read:

"Section 11-9-820. There is created the Board of Economic Advisors as follows:

(1) One member with broad economic or business experience appointed by the Governor for a period of two years beginning July 1, 1987, and for each two-year period thereafter, who shall serve as chairman.

(2) One member with broad economic or business experience appointed by the Senate Finance Committee chairman for a period of two years beginning July 1, 1987, and for each two-year period thereafter.

(3) One member with broad economic or business experience appointed by the House Ways and Means Committee chairman for a period of two years beginning July 1, 1987, and for each two-year period thereafter.

(4) Director of the Division of Research and Statistical Services, Budget and Control Board.

(5) Chairman of the State Tax Commission.

The chairman of the Board of Economic Advisors shall report directly to the Budget and Control Board to establish policy governing economic trends. Staff support and services for the Board of Economic Advisors must be provided by the Division of Research and Statistical Services, Budget and Control Board, and all such staff shall report to the Division Director. The Office of the Executive Director, Budget and Control Board, shall provide any additional administrative and logistical support that may be required for the Advisors to carry out the provisions of this section. Members of the Board of Economic Advisors who are not state employees shall receive only per diem compensation in accordance with state regulations. State employees shall not receive additional compensation for services to the Board of Economic Advisors.

The members of the Board of Economic Advisors shall appoint a panel consisting of at least five experts to advise the Board of Economic Advisors on national and state economic conditions and trends."

C. Section 11-9-830 of the 1976 Code is amended to read:

"Section 11-9-830. In order to provide a more effective system of providing advice to the Budget and Control Board and the General Assembly on revenue trends, the members of the Board of Economic Advisors have the following duties:

(1) The Director, Division of Research and Statistical Services, shall maintain an economic data base and statistical models; shall compile and maintain in a unified, concise, and orderly form information about total revenues; shall compile economic, social, and demographic data for use in the publishing of economic scenarios for incorporation into the development of the state budget; shall publish data on economic and revenue trends; shall provide staff support from within the Division to the Board of Economic Advisors; and shall provide a monitoring report of the economic outlook on a continual basis to the House Ways and Means Committee, the Senate Finance Committee, and the Budget and Control Board.

(2) The chairman of the Tax Commission shall advise the Board of Economic Advisors on trends and impacts regarding revenues administered by the Tax Commission; shall coordinate estimates of impacts on revenues with the Board of Economic Advisors; and shall provide to the Advisors nonconfidential data as may be necessary to carry out their duties.

(3) The three appointed members shall advise on broad economic trends at the national and state levels; shall conduct independent research on economic trends; and must be available to the other advisors for consultation on economic trends.

(4) All Advisors shall continuously review and evaluate total revenues to determine the extent to which they meet fiscal plan forecasts/projections.

(5) The chairman, Board of Economic Advisors, shall bring to the attention of the Governor and the Budget and Control Board the consensus about the effectiveness, or lack thereof, of revenue trends and the impact on statewide budgets."

D. Section 11-9-840 of the 1976 Code is amended to read:

"Section 11-9-840. In the organizational and procedural framework governing the formulation and review of revenues, any appropriate governmental entity identifying or requesting a change in the official revenue forecast or projection exceeding one hundred thousand dollars, for a specified period of time, shall first notify the office of the Board of Economic Advisors prior to any independent adjustment in the appropriations or requests of the revenue for a particular year.

The Board of Economic Advisors shall formally meet at least monthly. Other meetings may be at the call of the Governor, the General Assembly, or the Chairman of the Board. Meetings must be announced in advance and open to the public.

The Board of Economic Advisors is the official voice of the State in economic matters related to revenue estimates. The chairman is responsible for formulating a consensus and for generally acting as a spokesman.

E. Of the funds appropriated for fiscal year 1987-88, the Chairman of the Board of Economic Advisors shall receive from the Budget and Control Board Civil Contingent Fund an amount not to exceed eight thousand dollars and for each year after that an amount not to exceed ten thousand dollars."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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

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

MOTION NOTED

Rep. McLELLAN moved to reconsider the vote whereby Sections 129.1, 129.2, 129.3, 129.4, 129.5, 129.6, 129.7, 129.8, 129.9, 129.10, 129.11, 129.13, 129.14, 129.15, 129.17, 129.18, 129.20, 129.21, 129.22, 129.23, 129.24, 129.25, 129.26, 129.27, 129.28, 129.29, 129.31, 129.32, 129.33, 129.34, 129.35, 129.36, 129.37, 129.38, 129.39, 129.40, 129.41, 129.42, 129.45, 129.47, 129.48, 129.49, 130.1, 129.12, 13, 16I, 16.17, 16.65, 16.76, 16.86, 16.83, 39.2, 41.31, 41.33, 41.34, 45, 45.9, 57, 57.1, 57.2, 57.3, 57.4, 57.6, 76, 82A, 82C, 86.8, 86.9, 90, 90.1, 95, 129.3, 129.50; Part II Section 1, 3, 4, 6, 7, 8, 9, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 were adopted and the motion was noted.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 2691 -- Reps. Harvin and E.B. McLeod- A CONCURRENT RESOLUTION TO CONGRATULATE THE JUNIOR VARSITY GIRLS' BASKETBALL TEAM OF LAURENCE MANNING ACADEMY, CLARENDON COUNTY, FOR COMPILING A SUPERB SEASON RECORD AND TO RECOGNIZE HEAD COACH MIKE LOWDER FOR HIS BRILLIANT COACHING JOB AND INSPIRING THE LADY SWAMPCATS TO BRING HONOR AND PRESTIGE TO THEMSELVES AND THEIR SCHOOL.

H. 2692 -- Reps. McEachin, Gilbert, Nettles, J.W. McLeod and McKay: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. CARRIE COLLINS OF FLORENCE COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO EXTEND THE BEST WISHES OF THE GENERAL ASSEMBLY.

H. 2693 -- Reps. Rudnick, Huff, Jones, Sharpe and Gentry: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MRS. DORIS CHESSER OF AIKEN COUNTY UPON HER DEATH.

ADJOURNMENT

At 9:50 P.M. the House in accordance with the motion of Rep. FOSTER adjourned to meet at 9:30 A.M. tomorrow.

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