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

MONDAY, MARCH 15, 1993

Monday, March 15, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

We bow again in Your presence, Lord, asking Your help. Give us the faith to believe that there is no problem before us that, with Your assistance, we cannot solve. As You have guided us in the past, so guide us today. At every desk, may there be felt the assurance of Your presence. Help these, Your servants, to weigh every thought that each word may echo Your will. Keep us steadfast and diligent as we know failure may be disappointing, but never trying will condemn us.

Enable us to hear clearly the words of the promise of God: "I am your God; I will strengthen you; yes, I will help you." (Isaiah 41:10) 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 Thursday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. J. WILDER moved that when the House adjourns, it adjourn in memory of Thomas S. McMillan, Jr., which was agreed to.

REGULATION RECEIVED

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

Document No. 1612
Promulgated By Board of Education
Defined Minimum Program for Wil Lou Gray Opportunity School
Received By Speaker March 11, 1993
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date February 15, 1994

REGULATIONS WITHDRAWN AND RESUBMITTED

Document No. 1642
Promulgated By Department of Labor
Procedures for Hearing Child Labor Act Administrative Appeals
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 26, 1994
Withdrawn and Resubmitted: March 11, 1993

Document No. 1613
Promulgated By Department of Labor
Procedures for Hearing Payment of Wages Administrative Appeals
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date January 26, 1994
Withdrawn and Resubmitted: March 11, 1993

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 11, 1993
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 11, S. 239 by a vote of 46 to 0.

Very respectfully,
President

No. 100

Received as information.

R. 11, S. 239--GOVERNOR'S VETO OVERRIDDEN

The following was received.

STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 9, 1993
Mr. Speaker and Members of the House:

I am hereby returning without my approval S. 239, R-11, an Act:
TO AMEND SECTION 2-281, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO THE WALTERBORO-COLLETON COUNTY AIRPORT COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.
This veto is based upon an opinion of the Attorney General's Office dated March 9, 1993. The opinion states:
The act bearing ratification number 11 of 1993 amends Sub Section 2-281 of the 1962 Code of Laws as to the governing body of the Walterboro-Colleton County Airport Commission, deleting the Supervisor of Colleton County (which office has been abolished) as a member and substituting the chairman of Colleton County Council, and deleting the reference to the chairman of the Finance Committee of the Town of Walterboro and replacing that member with a member of Walterboro City Council to be selected by the council. An examination of Act No. 584 of 1946 and amendatory acts reveals that the Commission is an agency existing in Colleton County. Thus, S. 239, R-11 of 1993 is clearly an act for a specific county. Article VIII, Section 7 of the constitution of the State of South Carolina provides the "[n]o laws of a specific county shall be enacted." Acts similar to S. 239, R-11 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7... (Similarly, Article VIII, Section 10 prohibits the General Assembly's adoption of an act for a specific municipality).
Therefore, I am returning this Act to you without my signature, as I do all local legislation, as violative of the State Constitution.

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 4; Nays 0

Those who voted in the affirmative are:

Cobb-Hunter            Inabinett              McTeer
Rhoad

Total--4

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

HOUSE RESOLUTION

The following was introduced:

H. 3706 -- Reps. Allison, Cromer, Simrill, Davenport, Wells, Littlejohn, Lanford and Walker: A HOUSE RESOLUTION TO THANK DR. CARRIE DAVIS, MISS SOUTH CAROLINA, AND MANY OTHER LOCAL CONTESTANT REPRESENTATIVES FROM ACROSS OUR STATE FOR THEIR WONDERFUL WORK IN OUTSTANDING COMMUNITY SERVICE PROJECTS IN SOUTH CAROLINA AND TO ALLOW THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES WEDNESDAY, APRIL 21, 1993, AT A TIME TO BE DETERMINED BY THE SPEAKER.

Whereas, the members of the House of Representatives are proud of the testimony for community service of our own Miss South Carolina, Dr. Carrie Davis, as well as numerous contestant representatives from across our State; and

Whereas, we are proud to have an opportunity to personally recognize the accomplishments and contributions of these fine young people who make South Carolina proud to claim them as her own. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the House of Representatives thank Dr. Carrie Davis, Miss South Carolina, and many other local contestant representatives from across our State for their wonderful work in outstanding community service projects in South Carolina and allow them the privilege of the floor of the House of Representatives Wednesday, April 21, 1993, at a time to be determined by the Speaker.

Be it further resolved that a copy of this resolution be forwarded to Dr. Carrie Davis.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3707 -- Reps. Hallman, Wofford, Inabinett, A. Young, J. Bailey, Gonzales, Harrell, Fulmer, Holt, H. Brown, Whipper, Barber, Breeland, Law, G. Bailey, D. Williams, Hutson and R. Young: A CONCURRENT RESOLUTION TO REQUEST THAT THE UNIVERSITY OF SOUTH CAROLINA SCHEDULE AT LEAST ONE SOUTHEASTERN CONFERENCE BASKETBALL GAME EACH SEASON FEATURING THE UNIVERSITY OF SOUTH CAROLINA BASKETBALL TEAM, THE FIGHTING GAMECOCKS, IN THE NORTH CHARLESTON COLISEUM.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

INTRODUCTION OF BILLS

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

H. 3708 -- Reps. J. Bailey, McElveen, Corning, Quinn and Scott: A BILL TO ENACT THE "SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY ACT", INCLUDING AMENDING SECTIONS 38-71-920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR SMALL GROUP HEALTH INSURANCE PURPOSES, SO AS TO MAKE CERTAIN CHANGES TO THE DEFINITIONS OF "SMALL EMPLOYER" AND "HEALTH INSURANCE PLAN" OR "PLAN", AND TO PROVIDE A DEFINITION FOR "LATE ENROLLEE"; 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT, GROUP HEALTH, AND GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, INCLUDING THE PROVISION THAT, FOR GROUPS OF TEN OR LESS PERSONS, EVIDENCE OF INDIVIDUAL INSURABILITY MAY BE REQUIRED FOR PERSONS FIRST BECOMING ELIGIBLE FOR INSURANCE AFTER THE EFFECTIVE DATE OF THE POLICY, AND ADD CERTAIN PROVISIONS; 38-70-10, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW ON UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS IN CONNECTION WITH THE ALLOCATION OF HEALTH CARE RESOURCES AND SERVICES FOR A PATIENT OR GROUP OF PATIENTS, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS FROM THE DEFINITION OF "PRIVATE REVIEW AGENT"; 38-70-15, RELATING TO THE APPLICABILITY OF CHAPTER 70 OF TITLE 38 (UTILIZATION REVIEWS AND PRIVATE REVIEW AGENTS), SO AS TO PROVIDE THAT THE CHAPTER APPLIES TO INSURANCE COMPANIES, ADMINISTRATORS OF INSURANCE BENEFIT PLANS, AND HEALTH MAINTENANCE ORGANIZATIONS LICENSED AND REGULATED BY THE DEPARTMENT OF INSURANCE, AND PROVIDE THAT SUCH INSURANCE COMPANIES, ADMINISTRATORS, AND HEALTH MAINTENANCE ORGANIZATIONS ARE EXEMPT FROM CERTAIN PROVISIONS OF LAW; AND 38-71-940, RELATING TO SMALL GROUP HEALTH INSURANCE AND PREMIUM RATES, RATING FACTORS, AND THE PROHIBITION ON THE INVOLUNTARY TRANSFER OF A SMALL EMPLOYER INTO OR OUT OF A CLASS OF BUSINESS, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT SMALL EMPLOYER INSURERS SHALL NOT USE CASE CHARACTERISTICS, OTHER THAN AGE, GENDER, INDUSTRY, GEOGRAPHIC AREA, FAMILY COMPOSITION, AND GROUP SIZE WITHOUT PRIOR APPROVAL OF THE CHIEF INSURANCE COMMISSIONER, AND PROVIDE THAT IF A SMALL EMPLOYER INSURER USES INDUSTRY AS A CASE CHARACTERISTIC IN ESTABLISHING PREMIUM RATES, THE HIGHEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION SHALL NOT EXCEED THE LOWEST RATE FACTOR ASSOCIATED WITH ANY INDUSTRY CLASSIFICATION BY MORE THAN FIFTEEN PERCENT; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.

Referred to Committee on Labor, Commerce and Industry.

H. 3709 -- Reps. J. Bailey, McElveen, Corning, Quinn and Scott: A BILL TO AMEND SECTION 42-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "AVERAGE WEEKLY WAGES" UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS AND PROVIDE THAT AVERAGE WEEKLY WAGE IS CALCULATED BY TAKING THE TOTAL WAGES PAID FOR THE LAST FOUR QUARTERS IMMEDIATELY PRECEDING THE QUARTER IN WHICH THE INJURY OCCURRED DIVIDED BY FIFTY-TWO OR BY THE ACTUAL NUMBER OF WEEKS FOR WHICH WAGES WERE PAID, WHICHEVER IS LESS; TO AMEND SECTION 42-1-160, RELATING TO THE DEFINITIONS OF "INJURY" AND "PERSONAL INJURY" FOR PURPOSES OF THE WORKERS' COMPENSATION LAW, SO AS TO ADD PROVISIONS RELATING TO WORK-RELATED STRESS; TO AMEND SECTION 42-1-310, RELATING TO THE PRESUMPTION OF ACCEPTANCE OF THE PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO DEFINE "EMPLOYMENT" AND "IMPROVEMENT OR MODIFICATION OF REAL PROPERTY"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-315 SO AS TO PROVIDE THAT OFFICERS OF A CORPORATION ARE EMPLOYEES UNDER TITLE 42 AND MAY REJECT COVERAGE BY GIVING CERTAIN NOTICE; TO AMEND SECTION 42-1-320, RELATING TO THE PROVISION THAT PUBLIC ENTITIES AND THEIR EMPLOYEES CANNOT EXEMPT THEMSELVES FROM TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE PROVISIONS AND PROVIDE THAT THE STATE, ITS MUNICIPAL CORPORATIONS AND POLITICAL SUBDIVISIONS THEREOF, AND SUCH EMPLOYEES, ARE SUBJECT TO TITLE 42; TO AMEND SECTION 42-1-330, RELATING TO WAIVER OF EXEMPTION UNDER THE WORKERS' COMPENSATION LAW, SO AS TO, AMONG OTHER THINGS, INCLUDE OFFICER OF A CORPORATION UNDER THE PROVISIONS OF THIS SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 42-1-335 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT AN EMPLOYER WHO IS EXEMPT FROM TITLE 42 ELECTS TO ADOPT THE TITLE BY OBTAINING WORKERS' COMPENSATION INSURANCE OR BY OPERATING UNDER AN APPROVED SELF-INSURANCE PROGRAM; TO AMEND SECTION 42-1-340, RELATING TO THE EFFECTIVE DATE OF AND THE MANNER OF GIVING NOTICE OF NONACCEPTANCE OR WAIVER WITH RESPECT TO TITLE 42 (WORKERS' COMPENSATION), SO AS TO DELETE CERTAIN LANGUAGE AND TO REFERENCE SECTION 42-1-315; TO AMEND SECTION 42-1-510, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHO IS NOT UNDER TITLE 42 (WORKERS' COMPENSATION), SO AS TO PROVIDE THAT COMPARATIVE NEGLIGENCE DOES NOT APPLY, AND FURTHER DEFINE "EMPLOYER" FOR PURPOSES OF DEFENDING AN ACTION AT LAW; TO AMEND SECTION 42-1-520, RELATING TO DEFENSES WHICH ARE AVAILABLE TO AN EMPLOYER OPERATING UNDER TITLE 42 (WORKERS' COMPENSATION) WHEN THE EMPLOYEE IS NOT SO OPERATING, SO AS TO DELETE REFERENCES TO "EMPLOYEE" AND SUBSTITUTE THEREFOR "OFFICER OF A CORPORATION"; TO AMEND THE 1976 CODE BY ADDING SECTION 42-3-195 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE WORKERS' COMPENSATION COMMISSION SHALL COOPERATE WITH AND PROVIDE INFORMATION AND STATISTICS TO ANY AGENCY OF THE STATE OR OF THE UNITED STATES CHARGED WITH THE DUTY OF ENFORCING ANY LAW SECURING SAFETY AGAINST INJURY IN ANY EMPLOYMENT COVERED BY TITLE 42 OR WITH ANY STATE OR FEDERAL AGENCY ENGAGED IN ENFORCING ANY LAWS TO ASSURE SAFETY FOR EMPLOYEES; TO AMEND SECTION 42-5-40, RELATING TO THE PENALTY FOR FAILURE TO SECURE PAYMENT OF WORKERS' COMPENSATION, SO AS TO DELETE CERTAIN LANGUAGE AND PROVIDE A SEPARATE PENALTY FOR WILFUL OR REPEATED VIOLATIONS; TO AMEND SECTION 42-7-200, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYERS' FUND, SO AS TO PROVIDE THAT THE REMEDY PROVIDED IN THIS SECTION SHALL NOT APPLY UNTIL ALL AVAILABLE ADMINISTRATIVE REMEDIES UNDER TITLE 42 AGAINST ANY INSURED STATUTORY EMPLOYER HAVE BEEN EXHAUSTED; TO AMEND SECTION 42-9-220, RELATING TO THE MANNER IN WHICH WORKERS' COMPENSATION SHALL BE PAID, SO AS TO PROVIDE THAT COMPENSATION MUST BE PAID BY A CHECK AND NOT A DRAFT; TO AMEND SECTION 42-9-360, RELATING TO ASSIGNMENTS OF WORKERS' COMPENSATION AND EXEMPTIONS FROM CLAIMS OF CREDITORS AND TAXES, SO AS TO ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT IT SHALL BE UNLAWFUL FOR AN AUTHORIZED HEALTH CARE PROVIDER TO DEMAND OF OR CAUSE A DEMAND TO BE MADE ON A WORKERS' COMPENSATION CLAIMANT PRIOR TO THE FINAL ADJUDICATION OF HIS CLAIM, AND PROVIDE FOR CERTAIN MONETARY PENALTIES TO BE PAID TO THE WORKERS' COMPENSATION CLAIMANT; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-395 SO AS TO ADD PROVISIONS RELATING TO SETTLEMENT AGREEMENTS PROVIDING FOR STRUCTURED SETTLEMENTS IN WORKERS' COMPENSATION CASES; TO AMEND SECTION 42-17-90, RELATING TO REVIEW OF A WORKERS' COMPENSATION AWARD ON A CHANGE OF CONDITION, SO AS TO PROVIDE FOR THE ENTERING OF AN ORDER RATHER THAN THE MAKING OF AN AWARD, AND ADD CERTAIN PROVISIONS, INCLUDING A PROVISION THAT THE WORKERS' COMPENSATION COMMISSION SHALL PROVIDE BY REGULATION THE METHOD AND PROCEDURE BY WHICH AN AWARD OR ORDER COMMENCING TEMPORARY COMPENSATION AND ENTERED WITHOUT AN EVIDENTIARY HEARING MAY BE SET ASIDE FOR FRAUD; TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO EMPLOYERS' RECORDS AND REPORTS OF INJURIES UNDER THE WORKERS' COMPENSATION LAW, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND ADD PROVISIONS, INCLUDING A PROVISION DETAILING THE CIRCUMSTANCES UNDER WHICH AN EMPLOYER IS NOT REQUIRED TO MAKE A WRITTEN REPORT; TO AMEND CHAPTER 55 OF TITLE 38, RELATING TO CONDUCT OF INSURANCE BUSINESS, BY ADDING ARTICLE 5 SO AS TO ENACT THE "OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT", INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ESTABLISHMENT IN THE OFFICE OF THE ATTORNEY GENERAL OF AN INSURANCE FRAUD DIVISION AND THE CREATION OF A FELONY OFFENSE AND THE PROVISION OF PENALTIES THEREFOR; TO AMEND THE 1976 CODE BY ADDING SECTION 42-9-440 SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION COMMISSION MAY REFER ALL CASES OF SUSPECTED FRAUD TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF THE ATTORNEY GENERAL FOR INVESTIGATION AND PROSECUTION, IF WARRANTED, PURSUANT TO THE OMNIBUS INSURANCE FRAUD AND REPORTING IMMUNITY ACT; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE IN SECTION 38-55-540; AND TO REPEAL SECTION 42-1-380, RELATING TO THE WAIVER OF EXEMPTION BY EMPLOYER WITH RESPECT TO THE MANDATORY PROVISIONS OF TITLE 42 (WORKERS' COMPENSATION) AND SECTION 42-1-530, RELATING TO DEFENSES WHICH ARE NOT AVAILABLE TO AN EMPLOYER WHEN NEITHER HE NOR THE EMPLOYEE IS UNDER TITLE 42.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Allison
Anderson               Bailey, J.             Baker
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Brown, J.              Byrd                   Canty
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corning                Cromer                 Davenport
Delleney               Fair                   Farr
Fulmer                 Gamble                 Gonzales
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Haskins                Hines                  Hodges
Holt                   Houck                  Hutson
Inabinett              Jaskwhich              Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Koon
Lanford                Law                    Littlejohn
Marchbanks             Mattos                 McAbee
McCraw                 McKay                  McMahand
McTeer                 Meacham                Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Sheheen
Shissias               Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stone                  Stuart
Thomas                 Townsend               Trotter
Vaughn                 Waites                 Waldrop
Walker                 Wells                  Whipper
White                  Wilder, D.             Wilder, J.
Witherspoon            Wofford                Wright
Young, A.              Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, March 15.

John L. Scott, Jr.                David H. Wilkins
Charles R. Sharpe                 Harold G. Worley
C. Alex Harvin, III               Harry R. Askins
Jerry N. Govan, Jr.               E.B. McLeod, Jr.
Joseph H. Neal                    John W. Tucker, Jr.
Robert A. Barber, Jr.             Timothy C. Wilkes
Joseph T. McElveen, Jr.           John J. Snow, Jr.
C. Lenoir Sturkie                 James S. Klauber
John G. Felder                    Douglas Jennings, Jr.
James P. Harrelson                L. Morgan Martin
B. Hicks Harwell
Total Present--119

LEAVES OF ABSENCE

The SPEAKER granted Rep. G. BAILEY a leave of absence for the week due to illness.

The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day.

The SPEAKER granted Rep. ELLIOTT a leave of absence for the day due to illness.

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

H. 3710--ADOPTED

The following was introduced:

H. 3710 -- Rules Committee: A HOUSE RESOLUTION TO AMEND RULE 5.3 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO THE REQUIREMENT THAT A CERTIFICATE FROM THE COMPTROLLER GENERAL BE ATTACHED TO EVERY GENERAL APPROPRIATIONS BILL AND SUPPLEMENTAL APPROPRIATIONS BILL, SO AS TO PROVIDE THAT THE CERTIFICATE MUST BE FROM THE BUDGET DIVISION OF THE STATE BUDGET AND CONTROL BOARD INSTEAD OF THE COMPTROLLER GENERAL, AND PROVIDE THAT IN A REPORT OF THE CONFERENCE COMMITTEE ON THE ANNUAL APPROPRIATIONS BILL ANY INCREASE OR DECREASE IN THE OFFICIAL PROJECTION OF GENERAL FUND REVENUES OF THE BOARD OF ECONOMIC ADVISORS MAY NOT BE INCLUDED UNLESS THE REVENUE IMPACT IS CERTIFIED BY THE BOARD, AND REQUIRE THAT ANY CHANGES TO THE OFFICIAL GENERAL FUND REVENUE ESTIMATE AS A RESULT OF THESE PROVISIONS MAY NOT EXCEED AMOUNTS CERTIFIED BY THE BOARD.

Be it resolved by the House of Representatives:

That the first two paragraphs of Rule 5.3 of the Rules of the House of Representatives are amended to read:

"Every General Appropriations Bill and Supplemental Appropriations Bill for the ordinary expenses of State Government before presentation shall have attached thereto a certificate from the Comptroller General Budget Division of the State Budget and Control Board stating that the total of the appropriations therein provided for is not in excess of the estimated total revenue of the State for such purposes, including that revenue which may be provided for in the bill, or in any other bill previously passed by the House for the fiscal year to which the bill is applicable, and an Appropriations Bill without such certificate shall not be read the first time in the House, but shall be returned to the Committee on Ways and Means by the Speaker. The General Appropriations Bill and Supplemental Appropriations Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, directives and procedures relative thereto; and no provision of an Appropriations Bill, and no amendment thereto, shall be in order unless its substantial effect is directly germane to these purposes. No provision shall be put in a permanent part of any such bill unless it relates directly with an appropriation being made or revenue provided therein for the fiscal year referred to in the bill. The provisions of this paragraph shall be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriations Bill and Supplemental Appropriations Bills.

After passage on second reading and before its consideration on third reading, every General Appropriations Bill and every Supplemental Appropriations Bill shall have attached thereto a certificate from the Comptroller General Budget Division of the State Budget and Control Board that the total of the appropriations therein provided is not in excess of the estimated total revenue of the State for such purposes, including that revenue which may be provided in the Bill, or in any other Bill previously passed by the House for the fiscal year to which the bill is applicable, and if the Comptroller General cannot give such certificate, the Speaker shall order the Bill recommitted to the Ways and Means Committee. After the report of the Committee, any amendment which it shall recommend may be adopted. The following requirement applies to the report of the Conference Committee on the Annual Appropriations Bill: Any provision offered for inclusion in the Annual Appropriations Bill which increases or decreases the most recent official projection of general fund revenues of the Board of Economic Advisors may not be included in the bill or recommendation unless the revenue impact is certified by the Board of Economic Advisors. Changes to the official general fund revenue estimate as a result of such provisions may not exceed amounts certified by the Board of Economic Advisors. This requirement is in addition to other provisions of law regarding fiscal impact statements."

Rep. McTEER explained the Resolution.

The yeas and nays were taken resulting as follows:

Yeas 80; Nays 0

Those who voted in the affirmative are:

Alexander, T.C.        Allison                Anderson
Baker                  Baxley                 Beatty
Boan                   Breeland               Brown, H.
Brown, J.              Byrd                   Carnell
Cato                   Chamblee               Clyborne
Cobb-Hunter            Corning                Cromer
Delleney               Fulmer                 Gamble
Gonzales               Harrell                Harris, J.
Harvin                 Haskins                Hines
Holt                   Houck                  Inabinett
Jaskwhich              Keegan                 Kelley
Kennedy                Keyserling             Kinon
Kirsh                  Law                    Marchbanks
Mattos                 McAbee                 McCraw
McKay                  McMahand               McTeer
Meacham                Neilson                Quinn
Rhoad                  Richardson             Riser
Rudnick                Scott                  Sharpe
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stone
Stuart                 Thomas                 Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
White                  Wilder, D.             Wilder, J.
Wilkins                Witherspoon            Wofford
Wright                 Young, A.

Total--80

Those who voted in the negative are:

Total--0

So, the Resolution was adopted.

SENT TO THE SENATE

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

H. 3671 -- Rep. Spearman: A BILL TO ABOLISH THE SALUDA COUNTY MEDICAL BUILDING BOARD AND DEVOLVE ALL POWERS AND DUTIES OF THE BOARD UPON THE SALUDA COUNTY COUNCIL AND TO REPEAL ACT 810 OF 1946 AND ACT 1116 OF 1960 RELATING TO THE CREATION, COMPOSITION, POWERS, AND DUTIES OF THE BOARD.

H. 3640 -- Reps. Wilkins, Anderson, Vaughn, Haskins, Cato, Jaskwhich, M.O. Alexander, McMahand, Mattos, Baker and Clyborne: A BILL TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE GOVERNING BODY OF A COUNTY TO ESTABLISH A UNIFORM ELECTION DATE FOR THE ELECTION OF MEMBERS OF THE GOVERNING BODIES OF ANY SPECIAL PURPOSE DISTRICT WITHIN THE COUNTY, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO DISTRICTS IN COUNTIES THAT HAVE ADOPTED BY ORDINANCE UNIFORM ELECTION DATES FOR DISTRICTS WITHIN THOSE COUNTIES BEFORE THE EFFECTIVE DATE OF THIS SECTION, AND AUTHORIZE THE FILING OF A STATEMENT OF CANDIDACY BY A CANDIDATE IN ORDER TO HAVE HIS NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF A SPECIAL PURPOSE DISTRICT.

H. 3676 -- Rep. Sheheen: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE LICENSED, SO AS TO PROHIBIT RENEWAL OF DRIVER'S LICENSES, TO ADD TO THE LIST OF PROHIBITIONS PERSONS WHOSE LICENSES ARE SUSPENDED OR REVOKED AND PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES.

ORDERED TO THIRD READING

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

H. 3703 -- Reps. Witherspoon, Kelley, Worley, Snow and Keegan: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR HORRY COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF HORRY COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.

H. 3610--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3610 -- Ways and Means Committee: GENERAL APPROPRIATION BILL. (Abbreviated Title)

MOTION ADOPTED

Rep. BOAN moved that the State Appropriations Bill be considered section by section, which was agreed to.

MOTION ADOPTED

Rep. BOAN moved that while debating the State Appropriations Bill, he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

STATEMENT BY REP. BOAN

Rep. BOAN made a statement relative to the General Appropriations Bill.

SECTION 1.1

Section 1.1 was adopted.

SECTION 1A.1

Section 1A.1 was adopted.

SECTION 2.1

Section 2.1 was adopted.

SECTION 2A.1

Section 2A.1 was adopted.

SECTION 2A.2

Section 2A.2 was adopted.

SECTION 3A

Section 3A was adopted.

SECTION 3B

Section 3B was adopted.

SECTION 3C

Section 3C was adopted.

SECTION 3D

Section 3D was adopted.

SECTION 3E

Section 3E was adopted.

SECTION 3G

Section 3G was adopted.

SECTION 3I

Section 3I was adopted.

SECTION 3J

Section 3J was adopted.

SECTION 3.1

Section 3.1 was adopted.

SECTION 3.2

Section 3.2 was adopted.

SECTION 3.3

Section 3.3 was adopted.

SECTION 3.4

Section 3.4 was adopted.

SECTION 3.5

Section 3.5 was adopted.

SECTION 3.6

Section 3.6 was adopted.

SECTION 3.7

Section 3.7 was adopted.

SECTION 3.8

Section 3.8 was adopted.

SECTION 3.9

Section 3.9 was adopted.

SECTION 3.10

Section 3.10 was adopted.

SECTION 3.11

Section 3.11 was adopted.

SECTION 3.12

Section 3.12 was adopted.

SECTION 3.13

Section 3.13 was adopted.

SECTION 3.14

Section 3.14 was adopted.

SECTION 3.15

Section 3.15 was adopted.

SECTION 3.16

Section 3.16 was adopted.

SECTION 3.17

Section 3.17 was adopted.

SECTION 3.18

Section 3.18 was adopted.

SECTION 3.19

Section 3.19 was adopted.

SECTION 3.20

Section 3.20 was adopted.

SECTION 3.21

Section 3.21 was adopted.

SECTION 3.22

Section 3.22 was adopted.

SECTION 3.23

Section 3.23 was adopted.

SECTION 3.24

Section 3.24 was adopted.

SECTION 3.25

Section 3.25 was adopted.

SECTION 3.26

Section 3.26 was adopted.

SECTION 3.27

Section 3.27 was adopted.

SECTION 3.28

Section 3.28 was adopted.

SECTION 3.29

Section 3.29 was adopted.

SECTION 3.30

Section 3.30 was adopted.

SECTION 3.31

Section 3.31 was adopted.

SECTION 3.32

Section 3.32 was adopted.

SECTION 3.33

Section 3.33 was adopted.

SECTION 3.34

Section 3.34 was adopted.

SECTION 3.36

Section 3.36 was adopted.

SECTION 3.38

Section 3.38 was adopted.

SECTION 3.39

Section 3.39 was adopted.

SECTION 3.41

Section 3.41 was adopted.

SECTION 3.42

Section 3.42 was adopted.

SECTION 3.43

Section 3.43 was adopted.

SECTION 3.44

Section 3.44 was adopted.

SECTION 3.45

Section 3.45 was adopted.

SECTION 3.46

Section 3.46 was adopted.

SECTION 3.47

Section 3.47 was adopted.

SECTION 3.48

Section 3.48 was adopted.

SECTION 3.50

Section 3.50 was adopted.

SECTION 3.51

Section 3.51 was adopted.

SECTION 3.54

Section 3.54 was adopted.

SECTION 4.A

Section 4.A was adopted.

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

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

Bill #: 3610     General Subject Matter: General Appropriation

Section #: 4-A.     Subject Matter: Judicial Department.

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. DONALD W. BEATTY

SECTION 4A.1

Section 4A.1 was adopted.

SECTION 4A.2--ADOPTED

Rep. STILLE proposed the following Amendment No. 69 (Doc Name L:\h-wm\legis\amend\DH.016), which was tabled.

Amend the bill, as and if amended, Part I, Section 4A.2, Judicial, Page 42, Line 4, left column, by deleting lines 7 and 8 of the proviso.

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. NEILSON a leave of absence.

Rep. BOAN spoke against the amendment.

Rep. STILLE spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 63; Nays 31

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, J.             Barber
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Canty
Carnell                Delleney               Fulmer
Gamble                 Gonzales               Graham
Hallman                Harrell                Harris, J.
Harris, P.             Harrison               Harvin
Hines                  Hodges                 Holt
Houck                  Inabinett              Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Lanford                Marchbanks
Mattos                 McAbee                 McCraw
McElveen               McKay                  McTeer
Quinn                  Richardson             Rogers
Rudnick                Sheheen                Shissias
Smith, D.              Smith, R.              Snow
Spearman               Stoddard               Thomas
Trotter                Tucker                 Wells
Whipper                Wilder, J.             Wilkes
Wilkins                Worley                 Young, R.

Total--63

Those who voted in the negative are:

Anderson               Baker                  Brown, J.
Byrd                   Cato                   Chamblee
Cooper                 Davenport              Fair
Hutson                 Jaskwhich              Kirsh
Koon                   Littlejohn             McMahand
Meacham                Riser                  Robinson
Scott                  Simrill                Stille
Stone                  Stuart                 Sturkie
Vaughn                 Waites                 Walker
Wilder, D.             Wofford                Wright
Young, A.

Total--31

So, the amendment was tabled.

Section 4A.2 was adopted.

SECTION 4A.3

Section 4A.3 was adopted.

SECTION 4A.4

Section 4A.4 was adopted.

SECTION 4A.5

Section 4A.5 was adopted.

SECTION 4A.6

Section 4A.6 was adopted.

SECTION 4A.7

Section 4A.7 was adopted.

SECTION 4A.8

Section 4A.8 was adopted.

SECTION 4A.9

Section 4A.9 was adopted.

SECTION 4A.10

Section 4A.10 was adopted.

SECTION 4A.11

Section 4A.11 was adopted.

SECTION 4C--AMENDED

Rep. BOAN proposed the following Amendment No. 1 (Doc Name L:\h-wm\legis\amend\RDM.GAL), which was adopted.

Amend the bill, as and if amended, Part I, Section 4-C, Guardian Ad Litem, Page 44, Lines 1-25, By moving the section in its entirety to an appropriately numbered section after Section 5J on Page 57.

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

SECTION 5A

Section 5A was adopted.

SECTION 5C--AMENDED AND ADOPTED

Reps. BOAN and MATTOS proposed the following Amendment No. 54 (Doc Name L:\h-wm\legis\amend\VC.006), which was adopted.

Amend the bill, as and if amended, Part I, Section 5C, Gov's. Office-Executive Policy & Programs, Page 0047, Line 3, opposite /Classified Positions/ by decreasing the line in column(s) /(1) 50,239 (3) 50,239

Amend further, Page 0047, Line 4, by decreasing the line in column(s) /(1) (2.0) (3) (2.0)/

Amend further, Page 0047, Line 10, opposite /Other Operating Expenses/ by decreasing the line in column(s) /(1) 57,849 (3) 57,849/

Amend further, Page 0047, Line 30, opposite /Alloc. Other Entities/ by decreasing the line in column(s) /(1) 9,000 (3) 9,000/

Amend further, Page 0048, Line 3, opposite /Employer Contributions/ by decreasing the line in column(s) /(1) 12,854 (3) 12,854/

Renumber sections & amend totals/title to conform.

Rep. BOAN proposed the following Amendment No. 33 (Doc Name L:\h-wm\legis\amend\DH.13), which was adopted.

Amend the bill, as and if amended, Part I, Section 5C, SC Gov-OEPP, Page 47, Line 15, opposite /Match Fed. Law Enforcement/ by decreasing the line in column /(2) 209,097/

Amend further, Page 73, after Line 13, by inserting a new line to read: /Match Fed. Law Enforcement/ by increasing the line in column /(2) 209,097/

Renumber sections & amend totals/title to conform.

Section 5C as amended was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5E.1

Section 5E.1 was adopted.

SECTION 5E.2

Section 5E.2 was adopted.

SECTION 5E.3

Section 5E.3 was adopted.

SECTION 5E.4

Section 5E.4 was adopted.

SECTION 5E.6

Section 5E.6 was adopted.

SECTION 5E.7

Section 5E.7 was adopted.

SECTION 5E.8

Section 5E.8 was adopted.

SECTION 5E.9

Section 5E.9 was adopted.

SECTION 5F

Section 5F was adopted.

SECTION 5F.1

Section 5F.1 was adopted.

SECTION 5G

Section 5G was adopted.

SECTION 5G.1

Section 5G.1 was adopted.

SECTION 5H

Section 5H was adopted.

SECTION 5H.1

Section 5H.1 was adopted.

SECTION 5H.2

Section 5H.2 was adopted.

SECTION 6

Section 6 was adopted.

SECTION 8

Section 8 was adopted.

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

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

Bill #: 3610     General Subject Matter: Budget

Section #: 8.     Subject Matter: C.G.'s Office.

The reason for abstaining on the above referenced legislation is:

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

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

Rep. TIMOTHY C. WILKES

SECTION 8.1

Section 8.1 was adopted.

SECTION 8.3

Section 8.3 was adopted.

SECTION 8.4

Section 8.4 was adopted.

SECTION 8.5

Section 8.5 was adopted.

SECTION 8.6

Section 8.6 was adopted.

SECTION 9

Section 9 was adopted.

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

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

Bill #: 3610     General Subject Matter: Appropriation Bill

Section #: 9.     Subject Matter: Board of Financial Institutions Part I.

The reason for abstaining on the above referenced legislation is:

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

Rep. H. HOWELL CLYBORNE, JR.

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

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

Bill #: 3610     General Subject Matter: Appropriation Bill

Section #: 9.     Subject Matter: Treasury Part I.

The reason for abstaining on the above referenced legislation is:

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

Rep. H. HOWELL CLYBORNE, JR.

SECTION 9.1

Section 9.1 was adopted.

SECTION 9.2

Section 9.2 was adopted.

SECTION 9.3

Section 9.3 was adopted.

SECTION 9.4

Section 9.4 was adopted.

SECTION 10A

Section 10A was adopted.

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

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

Bill #: 3610     General Subject Matter: Appropriation Bill

Section #: 10A.     Subject Matter: Consumer Affairs Part I.

Rep. H. HOWELL CLYBORNE, JR.

SECTION 10A.1

Section 10A.1 was adopted.

SECTION 10A.2

Section 10A.2 was adopted.

SECTION 10A.3

Section 10A.3 was adopted.

SECTION 10B--AMENDED

Rep. BOAN proposed the following Amendment No. 35 (Doc Name L:\h-wm\legis\amend\RDM.DVA), which was adopted.

Amend the bill, as and if amended, Part I, Section 10, Attorney General's Office, Page 71, Lines 1 through 29 and Page 72 Provisos, Lines 1 through 33, by moving Section 10B Victims' Assistance in its entirety to Section 5, to an appropriately numbered section after 5J on Page 57.

Renumber sections & amend totals/title to conform.

SECTION 10B.1

Section 10B.1 was adopted.

SECTION 10B.2

Section 10B.2 was adopted.

SECTION 10B.3

Section 10B.3 was adopted.

SECTION 10B.4

Section 10B.4 was adopted.

SECTION 10C

Section 10C was adopted.

SECTION 10C.1

Section 10C.1 was adopted.

SECTION 10C.2

Section 10C.2 was adopted.

SECTION 10C.5

Section 10C.5 was adopted.

SECTION 10C.6

Section 10C.6 was adopted.

SECTION 10C.7

Section 10C.7 was adopted.

SECTION 10C.8

Section 10C.8 was adopted.

SECTION 10C.9

Section 10C.9 was adopted.

SECTION 10C.12

Section 10C.12 was adopted.

SECTION 10C.13

Section 10C.13 was adopted.

SECTION 13

Section 13 was adopted.

SECTION 13.1

Section 13.1 was adopted.

SECTION 13.2

Section 13.2 was adopted.

SECTION 13.3

Section 13.3 was adopted.

SECTION 13.4

Section 13.4 was adopted.

SECTION 13.5

Section 13.5 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 14.1

Section 14.1 was adopted.

SECTION 14.2

Section 14.2 was adopted.

SECTION 14.3

Section 14.3 was adopted.

SECTION 14.4

Section 14.4 was adopted.

SECTION 14.5

Section 14.5 was adopted.

SECTION 14.6

Section 14.6 was adopted.

SECTION 14.7

Section 14.7 was adopted.

SECTION 14.9

Section 14.9 was adopted.

SECTION 15A--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 4 (Doc Name L:\h-wm\legis\amend\DLC.022), which was adopted.

Amend the bill, as and if amended, Section 15A, Department of Agriculture and Natural Resources, Page 0089 through Page 0119, by changing the name of Section 15 to Department of Natural Resources.

Renumber sections & amend totals/title to conform.

Section 15A as amended was adopted.

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

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

Bill #: 3610     General Subject Matter: State Budget

Section #: 15A.     Subject Matter: Wildlife-Marine Res.

The reason for abstaining on the above referenced legislation is:

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

Rep. THOMAS C. ALEXANDER

SECTION 15A.1

Section 15A.1 was adopted.

SECTION 15A.2

Section 15A.2 was adopted.

SECTION 15A.3

Section 15A.3 was adopted.

SECTION 15A.4

Section 15A.4 was adopted.

SECTION 15A.7

Section 15A.7 was adopted.

SECTION 15A.8

Section 15A.8 was adopted.

SECTION 15.9

Section 15.9 was adopted.

SECTION 15A.10--AMENDED

Rep. McABEE proposed the following Amendment No. 91 (Doc Name L:\h-wm\legis\amend\DH.001), which was adopted.

Amend the bill, as and if amended, Part I, Section 15A, Wildlife and Marine Resources, Page 94, Line 30, right column, Proviso #15A.10, by deleting the proviso in its entirety

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

MOTION NOTED

Rep. CLYBORNE moved to reconsider the vote whereby Amendment No. 91 was adopted and the motion was noted.

SECTION 15B--AMENDED

Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\h-wm\legis\amend\DLC.019), which was adopted.

Amend the bill, as and if amended, Part I, Section 15, Department of Agriculture and Natural Resources, Page 0095, Line 1 through Page 0099 Line 14, by moving Section 15B, Agriculture in its entirety to a new appropriately numbered section after Page 620. The new section would be named Department of Agriculture.

Renumber sections & amend totals/title to conform.

SECTION 15B.1

Section 15B.1 was adopted.

SECTION 15B.2

Section 15B.2 was adopted.

SECTION 15B.3

Section 15B.3 was adopted.

SECTION 15B.4

Section 15B.4 was adopted.

SECTION 15B.5

Section 15B.5 was adopted.

SECTION 15C--ADOPTED

Rep. BOAN proposed the following Amendment No. 38 (Doc Name L:\h-wm\legis\amend\DLC.021), which was adopted.

Amend the bill, as and if amended, Part I, Section 15, Department of Agriculture and Natural Resources, Page 0100, Line 1 through Page 0101, Line 34, by moving Section 15C,Clemson Regulatory in its entirety to Section 77, Clemson University (Public Service Activities) beginning on Page 0576, Line 4.

Renumber sections & amend totals/title to conform.

SECTION 15C PROVISOS--AMENDED

Reps. BOAN and McABEE proposed the following Amendment No. 37 (Doc Name L:\h-wm\legis\amend\DLC.023), which was adopted.

Amend the bill, as and if amended, Part I, Section 15, Department of Agriculture and Natural Resources, Page 0102, Lines 1 through 5, both columns, by moving provisos in their entirety to Section 77, Clemson University (Public Service Activities) Page 0576, Line 10.

Renumber sections & amend totals/title to conform.

SECTION 15D--AMENDED AND ADOPTED

Rep. McABEE proposed the following Amendment No. 51 (Doc Name L:\h-wm\legis\amend\DC.009), which was adopted.

Amend the bill, as and if amended, Part I, Section 15D, Water Resources, Page 0103, after Line 34, by inserting a new line: /Classified Positions/ and adding the amounts in column(s) /(1) 383,991 (2) 359,468 (3) 24,523/

Amend further, Page 0103, after Line 35, by adding the FTE's in column(s) /(1) (12.0) (2) (11.0) (3) (1.0)/

Amend further, Page 0103, after Line 36, by inserting a new line /Other Personal Service/ and by adding the amounts in column(s) /(1) 2,901 (2) 2,901/

Amend further, Page 0103, after Line 37, by inserting a new line /Other Operating Expense/ and by adding the amounts in column(s) /(1) 298,926 (2) 182,880 (3) 5,665 (4) 110,381/

Amend further, Page 0103, after line 38, by inserting a new line /Special Item: Streamflow Gauge Network Maint./ and by adding the amounts in column(s) /(1) 19,340 (2) 19,340/

Amend further, Page 0104, after Line 18, by inserting a new line /Classified Positions/ and by adding the amounts in column(s) /(1) 237,667 (2) 204,147 (4) 33,520/

Amend further, Page 0104, after line 19, by adding the FTE's in column(s) /(1) (6.5) (2) (4.5) (4) (2.0)/

Amend further, Page 0104, after Line 20, by inserting a new line /Other Personal Service/ and by adding the amounts in column(s) /(1) 24,175 (2) 24,175/

Amend further, Page 0104, after Line 21, by inserting a new line /Other Operating Expense/ and by adding the amounts in column(s) /(1) 150,104 (2) 150,104/

Amend further, Page 0105, Line 3, opposite /Employer Contributions/ by increasing the amounts in column(s) /(1) 129,786 (2) 117,597 (3) 5,150 (4) 7,039/

Renumber sections & amend totals/title to conform.

Section 15D as amended was adopted.

SECTION 15D.1

Section 15D.1 was adopted.

SECTION 15D.2

Section 15D.2 was adopted.

SECTION 15E--AMENDED AND ADOPTED

Rep. McABEE proposed the following Amendment No. 49 (Doc Name L:\h-wm\legis\amend\DC.011), which was adopted.

Amend the bill, as and if amended, Part I, Section 15E, Land Resources, Page 0108, after Line 3, by inserting a new line /Classified Positions/ by adding the amount in column(s) /(1) 44,272 (2) 44,272/

Amend further, Page 0108, after Line 4, by adding the FTE's in column(s) /(1) (1.00) (2) (1.00)/

Amend further, Page 0108, after Line 5, by inserting a new line /Other Operating Expense/ by adding the amount in column(s) /(1) 25,000 (3) 25,000/

Amend further, Page 0108, after Line 8, by inserting a new line /Classified Positions/ by adding the amount in column(s) /(1) 100,034 (2) 39,684 (3) 60,350/

Amend further, Page 0108, after Line 9, by inserting a new line by adding the FTE's in column(s) /(1) (3.00) (2) (2.00) (3) (1.00)

Amend further, Page 0108, after Line 10, by inserting a new line /Other Operating Expense/ by adding the amount in column(s) /(1) 382,938 (2) 15,051 (3) 367,887/

Amend further, Page 0109, Line 15, opposite /Employer Contributions/ by adding the amount in column(s) /(1) 48,394 (2) 28,524 (3) 11,620 (4) 8,250/

Renumber sections & amend totals/title to conform.

Section 15E as amended was adopted.

SECTION 15E.1

Section 15E.1 was adopted.

SECTION 15E.2

Section 15E.2 was adopted.

SECTION 15E.3

Section 15E.3 was adopted.

SECTION 15E.4

Section 15E.4 was adopted.

SECTION 15E.5

Section 15E.5 was adopted.

SECTION 15F

Section 15F was adopted.

SECTION 15G

Section 15G was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. T.C. ALEXANDER a leave of absence for the remainder of the day.

SECTION 15H

Rep. McABEE explained the section.

Section 15H was adopted.

SECTION 15H.1

Section 15H.1 was adopted.

SECTION 15J--DEBATE ADJOURNED

Reps. RHOAD, LAW, HUTSON, BYRD, SNOW, WALDROP, PHILLIPS, BAXLEY, H. BROWN, SHISSIAS, WITHERSPOON, SHARPE, McCRAW, HOUCK, CHAMBLEE, D. WILDER, DAVENPORT, HARRISON, ANDERSON, WORLEY, HINES, KOON, QUINN, RISER, GRAHAM, HASKINS, McMAHAND, LITTLEJOHN, RUDNICK, MATTOS, HARVIN and M.O. ALEXANDER proposed the following Amendment No. 141 (Doc Name L:\council\legis\amend\CYY\15322SD.93).

Amend the bill, as and if amended, Part I, Section 15, page 116, Forestry Department, by adding after line 12 the following:

/( )                         ( )

Lease/purchase payment for

acquisition of new

firefighting equipment 1,500,000 1,500,000/.

Amend the bill further, as and if amended, Part I, Section 15, page 119, Forestry Department, by adding the following proviso to be appropriately numbered which shall read:

/15J. .     (Surplus Property - Exemption) The Forestry Department may retain and apply the receipts, less the cost of disposition incurred by the Division of General Services, from the sale of surplus forest firefighting equipment for the purchase or lease of new forest firefighting equipment./

Renumber sections & amend totals/title to conform.

Rep. RHOAD explained the amendment.

Rep. FELDER spoke against the amendment.

Rep. FELDER spoke against the amendment.

LEAVE OF ABSENCE

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

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

LEAVES OF ABSENCE

The SPEAKER granted Reps. HUTSON and H. BROWN a leave of absence for the remainder of the day.

SECTION 17A

Section 17A was adopted.

SECTION 17.1

Section 17.1 was adopted.

SECTION 17.2

Section 17.2 was adopted.

SECTION 17A.1

Section 17A.1 was adopted.

SECTION 17A.2

Section 17A.2 was adopted.

SECTION 17B

Section 17B was adopted.

SECTION 17B.1

Section 17B.1 was adopted.

SECTION 17D

Section 17D was adopted.

SECTION 17D.1

Section 17D.1 was adopted.

SECTION 17D.2

Section 17D.2 was adopted.

SECTION 17D.4--AMENDED AND ADOPTED

Rep. BOAN explained the section.

Rep. BOAN proposed the following Amendment No. 46 (Doc Name L:\h-wm\legis\amend\DLC.012), which was adopted.

Amend the bill, as and if amended, Part I, Section 17D, B&CB - State Budget Division, Page 0164, Line 12, Right Column, Proviso #17D.4, by striking /The Comptroller General and State Treasurer are hereby authorized to maintain any parallel accounting records as may be necessitated by any restructuring transition during the fiscal year./ and/by inserting after "herein" /Until sufficient changes can be made to the state's accounting system and the appointment of appropriate agency heads, the Comptroller General and the State Treasurer shall allow those agencies affected by restructuring to continue processing documents within the account structure existing on June 30, 1993.

Restructured agencies shall make all the necessary accounting adjustments to complete the transition to the new account structure as soon as possible, but no later than June 30, 1994./

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Section 17D.4 as amended was adopted.

SECTION 17D.5

Section 17D.5 was adopted.

Rep. PHILLIPS proposed the following Amendment No. 101 (Doc Name L:\h-wm\legis\amend\JCJ.011), which was tabled.

Amend the bill, as and if amended, Part I, Section 17D, B&C - State Budget Division, Page 164, Line 24. Amend further, Right column, by adding an appropriately numbered proviso at the end to read

17D.New     Upon passage of the Fiscal year 1993-94 Appropriation Act, the State Budget Division of the Budget and Control Board is directed to allocate $30,000,000 to the colleges, universities, and the State Board for Technical and comprehensive Education to be distributed according to the Higher Education funding formula approved by the Commission on Higher Education. A corresponding $30,000,000 reduction is to be spread across the board proportionally among all state agencies. Exempt from the reduction are the Capital Reserve Fund, Debt Service, state employee bonus, the Election Commission appropriation for statewide primaries, salaries for constitutional officers, justices and judges, allocations made to school districts through the Department of Education, Aid to Subdivisions -- Local Government Fund, and the State Museum rent per Proviso 86G.7.

Renumber sections & amend totals/title to conform.

Rep. PHILLIPS explained the amendment.

LEAVE OF ABSENCE

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

Rep. PHILLIPS continued speaking.

Rep. MATTOS moved to table the amendment.

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

Yeas 59; Nays 33

Those who voted in the affirmative are:

Alexander, M.O.        Anderson               Bailey, J.
Baker                  Barber                 Baxley
Beatty                 Boan                   Brown, J.
Byrd                   Canty                  Cato
Clyborne               Cobb-Hunter            Felder
Fulmer                 Govan                  Harrell
Harrelson              Harris, J.             Harrison
Harvin                 Harwell                Haskins
Hines                  Holt                   Houck
Jaskwhich              Keegan                 Kennedy
Kirsh                  Koon                   Lanford
Law                    Mattos                 McAbee
McKay                  McLeod                 McMahand
Neilson                Rhoad                  Scott
Sheheen                Smith, R.              Snow
Spearman               Stuart                 Sturkie
Trotter                Vaughn                 Waldrop
Walker                 White                  Wilder, J.
Wilkes                 Wofford                Worley
Young, A.              Young, R.

Total--59

Those who voted in the negative are:

Allison                Breeland               Carnell
Chamblee               Cromer                 Davenport
Fair                   Farr                   Gamble
Inabinett              Kelley                 Keyserling
Littlejohn             Marchbanks             McCraw
Meacham                Phillips               Quinn
Richardson             Riser                  Robinson
Rogers                 Sharpe                 Simrill
Smith, D.              Stille                 Stoddard
Townsend               Waites                 Wells
Whipper                Wilder, D.             Wright

Total--33

So, the amendment was tabled.

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

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

Bill #: 3610     General Subject Matter: Budget

Section #: 17.     Subject Matter: Higher Education.

Amendment #: 101

The reason for abstaining on the above referenced legislation is:

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

Rep. IRENE K. RUDNICK

RECORD FOR JOURNAL
AMENDMENT NO. 101

On March 15th, I was not on the House floor at the time that the vote to table Amendment 101, proposed by Rep. PHILLIPS. Had I been present, I would have voted in the negative.

Rep. JAMES S. KLAUBER

SECTION 17E

Section 17E was adopted.

SECTION 17E.1

Section 17E.1 was adopted.

SECTION 17E.2

Section 17E.2 was adopted.

SECTION 17E.3

Section 17E.3 was adopted.

SECTION 17E.4

Section 17E.4 was adopted.

SECTION 17E.5

Section 17E.5 was adopted.

LEAVES OF ABSENCE

The SPEAKER granted Reps. HARRELL, R. YOUNG, A. YOUNG, FULMER, HOLT, BARBER, J. BAILEY, LAW, WOFFORD, BREELAND, WHIPPER and INABINETT a leave of absence for the remainder of the day to attend a rally in Charleston in support of keeping the Naval Shipyard open.

SECTION 17E.6

Section 17E.6 was adopted.

SECTION 17E.7

Section 17E.7 was adopted.

SECTION 17F

Section 17F was adopted.

SECTION 17F.1

Section 17F.1 was adopted.

SECTION 17G

Section 17G was adopted.

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

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

Bill #: 3610     General Subject Matter: Gen. Appro. Bill

Section #: 17G.     Subject Matter: Manufact. Housing Board.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. PAULA H. THOMAS

SECTION 17G.1

Section 17G.1 was adopted.

SECTION 17G.3

Section 17G.3 was adopted.

SECTION 17G.5

Section 17G.5 was adopted.

SECTION 17G.6

Section 17G.6 was adopted.

SECTION 17G.7

Section 17G.7 was adopted.

SECTION 17G.11

Section 17G.11 was adopted.

SECTION 17G.12

Section 17G.12 was adopted.

SECTION 17G.13

Section 17G.13 was adopted.

SECTION 17G.14

Section 17G.14 was adopted.

SECTION 17G.15

Section 17G.15 was adopted.

SECTION 17.J

Section 17.J was adopted.

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

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

Bill #: 3610     General Subject Matter: Gen. Appro. Bill

Section #: 17J.     Subject Matter: Insurance Reserve Fund.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. PAULA H. THOMAS

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

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

Bill #: 3610     General Subject Matter: Appropriations

Section #: 17J.     Subject Matter: B & CB Insurance Services Division.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. J. MICHAEL BAXLEY

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

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

Bill #: 3610     General Subject Matter: General Appropriations Bill

Section #: 17J.     Subject Matter: Insurance Reserve Fund.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. F.G. DELLENEY, JR.

SECTION 17J.1

Section 17J.1 was adopted.

SECTION 17J.3

Section 17J.3 was adopted.

SECTION 17J.5

Section 17J.5 was adopted.

SECTION 17J.6

Section 17J.6 was adopted.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. PHILLIPS moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

Reps. BOAN and GAMBLE proposed the following Amendment No. 88 (Doc Name L:\h-wm\legis\amend\CK.004), which was adopted.

Amend the bill, as and if amended, Part I, Section 17J, B&CB-Insurance Services, Page 186, right column, by adding an appropriately numbered proviso at the end to read /17J.__ For State Health Plan Year 1994 and after that time, the Budget and Control Board under the State Health Plan may not contract with a hospital, physician's office, clinic, or similar facility for the performance of mammograms unless the hospital's mammogram center, physician's office, clinic, or facility has been certified by the American College of Radiology for the procedures or has applied for certification./

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

SECTION 17K

Section 17K was adopted.

SECTION 17K.1

Section 17K.1 was adopted.

SECTION 17K.3

Section 17K.3 was adopted.

SECTION 17K.8

Section 17K.8 was adopted.

SECTION 17K.13

Section 17K.13 was adopted.

SECTION 17K.14

Section 17K.14 was adopted.

SECTION 17K.15

Section 17K.15 was adopted.

SECTION 17K.16

Section 17K.16 was adopted.

SECTION 17K.17

Section 17K.17 was adopted.

SECTION 17K.18

Section 17K.18 was adopted.

SECTION 17K.19

Section 17K.19 was adopted.

SECTION 17K.21

Section 17K.21 was adopted.

SECTION 17K.22

Section 17K.22 was adopted.

SECTION 17K.23

Rep. KIRSH explained the section.

Section 17K.23 was adopted.

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

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

SECTION 17K.24--AMENDED AND ADOPTED

Rep. COBB-HUNTER proposed the following Amendment No. 178 (Doc Name L:\h-wm\legis\amend\CK.020), which was adopted.

Amend the bill, as and if amended, Part I, Section 17K.24, DHRM, Page 192, Line 32, right column, Proviso 17K.24, by inserting after "address" /qualifications,/

Renumber sections & amend totals/title to conform.

Section 17K.24 as amended was adopted.

SECTION 17K.25

Section 17K.25 was adopted.

SECTION 17K.26

Section 17K.26 was adopted.

SECTION 17K.27

Section 17K.27 was adopted.

SECTION 17K.28

Section 17K.28 was adopted.

SECTION 17K.29

Section 17K.29 was adopted.

SECTION 17K.30

Section 17K.30 was adopted.

SECTION 17K.31

Section 17K.31 was adopted.

SECTION 17K.32

Section 17K.32 was adopted.

SECTION 17K.33--AMENDED

Rep. STILLE proposed the following Amendment No. 61 (Doc Name L:\h-wm\legis\amend\CK.005), which was adopted.

Amend the bill, as and if amended, Part I, Section 17K, BCB-Human Resource Management, Page 194, Line 3, left column, Proviso # 17K.33 by inserting after "employee" /making less than $45,000 and/.

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. KIRSH spoke against the amendment.

LEAVE OF ABSENCE

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

Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 29 to 41.

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

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

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

Bill #: 3610     General Subject Matter: Budget

Section #: 17K.33.     Subject Matter:

Amendment #: 61.     Subject Matter:

The reason for abstaining on the above referenced legislation is:

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

Rep. MARGARET J. GAMBLE

Reps. CARNELL, BOAN, J. HARRIS, MATTOS, D. WILDER, McABEE and KLAUBER proposed the following Amendment No. 85 (Doc Name L:\h-wm\legis\amend\CK.008).

Amend the bill, as and if amended, Part I. Section 17K, BCB-Human Resource Management, Page 194, Line 3, Left column, Proviso # 17K.33 by striking /the first pay day after November 30, 1993/ and by inserting after "on" /November 30, 1993/.

Further amend by inserting after "employee" /,including local providers,/.

Renumber sections & amend totals/title to conform.

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

Rep. RUDNICK proposed the following Amendment No. 63 (Doc Name L:\h-wm\legis\amend\CK.012), which was tabled.

Amend the bill, as and if amended, Part I, Section 17K, Division of Human Resource Management, Page 194, by adding an appropriately numbered proviso to read /17K.___ / No state employee shall be terminated from state employment as a result of restructuring without a minimum of six (6) months notice of such termination./

Renumber sections & amend totals/title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES moved to table the amendment.

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

Yeas 52; Nays 24

Those who voted in the affirmative are:

Alexander, M.O.        Allison                Askins
Baker                  Baxley                 Boan
Cato                   Clyborne               Cromer
Delleney               Fair                   Farr
Felder                 Gamble                 Graham
Harrison               Haskins                Hodges
Houck                  Jaskwhich              Keegan
Kelley                 Keyserling             Kirsh
Koon                   Lanford                Marchbanks
Martin                 Mattos                 McCraw
McElveen               McMahand               Quinn
Rhoad                  Richardson             Riser
Robinson               Sheheen                Shissias
Smith, D.              Smith, R.              Spearman
Stuart                 Sturkie                Trotter
Vaughn                 Walker                 Wells
Wilder, D.             Wilder, J.             Worley
Wright

Total--52

Those who voted in the negative are:

Anderson               Beatty                 Brown, J.
Byrd                   Canty                  Cobb-Hunter
Cooper                 Govan                  Harrelson
Harris, J.             Hines                  Kennedy
Littlejohn             Neilson                Phillips
Rudnick                Scott                  Sharpe
Snow                   Stille                 Townsend
Waites                 White                  Witherspoon

Total--24

So, the amendment was tabled.

Reps. TOWNSEND, STILLE, CHAMBLEE, WALKER, LITTLEJOHN and COOPER proposed the following Amendment No. 151 (Doc Name L:\h-wm\legis\amend\CK.013), which was tabled.

Amend the bill, as and if amended, Part I, Section 17K, Division of Human Resource Management, Page 194, by adding an appropriately numbered proviso to read:

/17K.___ No salary may be offered to an incoming agency director that exceeds the current appropriated salary level of that position. If approved by the Agency Head Salary Commission, a salary adjustment may be awarded after a one year period./

Renumber sections & amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

Rep. ANDERSON moved that the House do now adjourn.

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

Yeas 3; Nays 69

Those who voted in the affirmative are:

Brown, J.              Byrd                   Carnell

Total--3

Those who voted in the negative are:

Allison                Anderson               Baker
Baxley                 Beatty                 Boan
Cato                   Clyborne               Cobb-Hunter
Cooper                 Cromer                 Delleney
Fair                   Farr                   Felder
Gamble                 Govan                  Graham
Harrelson              Harris, J.             Harrison
Harvin                 Haskins                Hines
Houck                  Jaskwhich              Keegan
Kelley                 Keyserling             Kirsh
Koon                   Lanford                Littlejohn
Marchbanks             Martin                 McCraw
McMahand               Neilson                Phillips
Quinn                  Rhoad                  Richardson
Riser                  Robinson               Rudnick
Scott                  Sharpe                 Sheheen
Shissias               Smith, D.              Smith, R.
Snow                   Spearman               Stille
Stuart                 Sturkie                Thomas
Townsend               Trotter                Vaughn
Waites                 Walker                 Wells
White                  Wilder, D.             Wilder, J.
Witherspoon            Worley                 Wright

Total--69

So, the House refused to adjourn.

Rep. TOWNSEND continued speaking.

Rep. BOAN spoke against the amendment.

LEAVE OF ABSENCE

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

Rep. BOAN continued speaking.

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

SECTION 17L

Section 17L was adopted.

SECTION 17L.1

Section 17L.1 was adopted.

SECTION 17L.2

Section 17L.2 was adopted.

SECTION 17L.3

Section 17L.3 was adopted.

SECTION 17L.5

Section 17L.5 was adopted.

SECTION 17M

Section 17M was adopted.

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

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

Bill #: 3610     General Subject Matter: Budget

Section #: 17M.     Subject Matter: State Auditors Office.

The reason for abstaining on the above referenced legislation is:

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

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

Rep. TIMOTHY C. WILKES

SECTION 17M.1

Section 17M.1 was adopted.

SECTION 17M.2

Section 17M.2 was adopted.

SECTION 17M.3

Section 17M.3 was adopted.

SECTION 17M.4

Section 17M.4 was adopted.

SECTION 17M.5

Section 17M.5 was adopted.

SECTION 17M.6

Section 17M.6 was adopted.

SECTION 17N

Section 17N was adopted.

SECTION 17N.1

Section 17N.1 was adopted.

SECTION 17N.2 ADOPTED.

Rep. GAMBLE proposed the following Amendment No. 106 (Doc Name L:\council\legis\amend\436\11129SD.93), which was tabled.

Amend the bill, as and if amended, PART I, Proviso 17N.2, page 202, by striking /as uniformly as may be practicable/ as contained on line 13, right hand column, and inserting /in the manner the Board determines appropriate whether or not done uniformly/.

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

ACTING SPEAKER HODGES IN CHAIR

Rep. GAMBLE continued speaking and moved to adjourn debate upon the amendment, which was rejected.

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

SPEAKER IN CHAIR

Section 17N.2 was adopted.

SECTION 17N.3

Section 17N.3 was adopted.

SECTION 17P

Section 17P was adopted.

SECTION 17P.1

Section 17P.1 was adopted.

SECTION 17P.2

Section 17P.2 was adopted.

SECTION 17P.3

Section 17P.3 was adopted.

SECTION 17P.4

Section 17P.4 was adopted.

SECTION 17Q

Section 17Q was adopted.

SECTION 17Q.1

Section 17Q.1 was adopted.

SECTION 17Q.2

Section 17Q.2 was adopted.

SECTION 17Q.3

Section 17Q.3 was adopted.

SECTION 17Q.4

Section 17Q.4 was adopted.

SECTION 17Q.5

Section 17Q.5 was adopted.

SECTION 17R

Section 17R was adopted.

SECTION 17R.1

Section 17R.1 was adopted.

SECTION 18A--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 41 (Doc Name L:\h-wm\legis\amend\DH.011), which was adopted.

Amend the bill, as and if amended, Part I, Section 18A, Tax Commission, Page 213, Line 4, Opposite /Chairman/ by decreasing the line in column(s) /(2) 67,629;/

Amend further,

Page 213, Line 5, by decreasing the column(s) /(2) (1.00);/

Amend further,

Page 213, Line 6, Opposite /Commissioners/ by decreasing the line in column(s) /(2) 126,874;/

Amend further,

Line 213, Line 7, by decreasing the line in column(s) /(2) (2.00);/

Amend further,

Page 213, Line 15, Opposite /Other Operating/ by decreasing the line in column(s) /(2) 19,500;/

Amend further,

Page 215, Line 5, Opposite /Employer Contributions/ by decreasing the line in column(s) /(2) 36,507./

Renumber sections & amend totals/title to conform.

Section 18A as amended was adopted.

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

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

Bill #: 3610     General Subject Matter: Budget

Section #: 18A.     Subject Matter: Tax Commission.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. TIMOTHY C. WILKES

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

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

Bill #: H. 3610     General Subject Matter: Budget

Section #: 18A.     Subject Matter: S.C. Tax Commission.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. DELL BAKER

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

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

Bill #: 3610     General Subject Matter: Revenue Dept

Section #: 18A.     Subject Matter: Revenue Dept.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. ROBERT J. SHEHEEN

SECTION 18A.1

Section 18A.1 was adopted.

SECTION 18A.2

Section 18A.2 was adopted.

SECTION 18A.3

Section 18A.3 was adopted.

SECTION 18A.4

Section 18A.4 was adopted.

SECTION 18A.5

Section 18A.5 was adopted.

SECTION 18A.6

Section 18A.6 was adopted.

SECTION 18A.7

Section 18A.7 was adopted.

SECTION 18A.8

Section 18A.8 was adopted.

SECTION 18A.9

Section 18A.9 was adopted.

Rep. KIRSH proposed the following Amendment No. 77 (Doc Name L:\h-wm\legis\amend\CK.003).

Amend the bill, as and if amended, Part I, Section 18A, Page 216, Department of Revenue, by adding an appropriately numbered proviso at the end to read /18A.___ (License Application and Payment) Along with every application for any license or permit issued by the Department of Revenue as provided by law, payment for such license or permit must be by certified check, cashier's check, money order, or cash./

Renumber sections & amend totals/title to conform.

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

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

POINT OF ORDER

Rep. J. BROWN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

The question then recurred to the motion that the House do now adjourn, which was agreed to.

MOTION NOTED

Rep. BOAN moved to reconsider the vote whereby Sections 1.1, 1A.1, 2.1, 2A.1, 2A.2, 3A, 3B, 3C, 3D, 3E, 3G, 3I, 3J, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, 3.16, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22, 3.23, 3.24, 3.25, 3.26, 3.27, 3.28, 3.29, 3.30, 3.31, 3.32, 3.33, 3.34, 3.36, 3.38, 3.39, 3.41, 3.42, 3.43, 3.44, 3.45, 3.46, 3.47, 3.48, 3.50, 3.51, 3.54, 4A, 4A.1, 4A.2, 4A.3, 4A.4, 4A.5, 4A.6, 4A.7, 4A.8, 4A.9, 4A.10, 4A.11, 4C, 5A, 5C, 5D, 5E.1, 5E.2, 5E.3, 5E.4, 5E.6, 5E.7, 5E.8, 5E.9, 5F, 5F.1, 5G, 5G.1, 5H, 5H.1, 5H.2, 6, 8, 8.1, 8.3, 8.4, 8.5, 8.6, 9, 9.1, 9.2, 9.3, 9.4, 10A, 10A.1, 10A.2, 10A.3, 10B, 10B.1, 10B.2, 10B.3, 10B.4, 10C, 10C.1, 10C.2, 10C.5, 10C.6, 10C.7, 10C.8, 10C.9, 10C.12, 10C.13, 13, 13.1, 13.2, 13.3, 13.4, 13.5, 14, 14.1, 14.2, 14.3, 14.4, 14.5, 14.6, 14.7, 14.9, 15A, 15A.1, 15A.2, 15A.3, 15A.4, 15A.7, 15A.8, 15A.9, 15B, 15B.1, 15B.2, 15B.3, 15B.4, 15B.5, 15C, 15C.1, 15C.2, 15D, 15D.1, 15D.2, 15E, 15E.1, 15E.2, 15E.3, 15E.4, 15E.5, 15F, 15G, 15H, 15H.1, 17A, 17.1, 17.2, 17A.1, 17A.2, 17B, 17B.1, 17D, 17D.1, 17D.2, 17D.4, 17D.5, 17E, 17E.1, 17E.2, 17E.3, 17E.4, 17E.5, 17E.6, 17E.7, 17F, 17F.1, 17G, 17G.1, 17G.3, 17G.5, 17G.6, 17G.7, 17G.11, 17G.12, 17G.13, 17G.14, 17G.15, 17J, 17J.1, 17J.3, 17J.5, 17J.6, Amendment 88, 17K, 17K.1, 17K.3, 17K.8, 17K.13, 17K.14, 17K.15, 17K.16, 17K.17, 17K.18, 17K.19, 17K.21, 17K.22, 17K.23, 17K.24, 17K.25, 17K.26, 17K.27, 17K.28, 17K.29, 17K.30, 17K.31, 17K.32, 17K.33, 17L, 17L.1, 17L.2, 17L.3, 17L.5, 17M, 17M.1, 17M.2, 17M.3, 17M.4, 17M.5, 17M.6, 17N, 17N.1, 17N.2, 17N.3, 17P, 17P.1, 17P.2, 17P.3, 17P.4, 17Q, 17Q.1, 17Q.2, 17Q.3, 17Q.4, 17Q.5, 17R, 17R.1, 18A, 18A.1, 18A.2, 18A.3, 18A.4, 18A.5, 18A.6, 18A.7, 18A.8 and 18A.9, were adopted and the motion was noted.

STATEMENT FOR JOURNAL

Although I have not, since being elected to office, represented a client for compensation for a state board or commission, because of the confusion in the Ethics Law and inability to foretell the future, I will not vote on the budget involving the ABC Board, the Accountancy Board, the Workers' Compensation Commission, the Employment Security Commission, the Tax Commission, the Judicial Department, or the Human Affairs Commission. I frankly think this is overkill, but I am taking this action in order to comply with the spirit as well as the letter of the law, however badly conceived!

Rep. ROLAND S. CORNING

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

ADJOURNMENT

At 6:30 P.M. the House in accordance with the motion of Rep. J. WILDER adjourned in memory of Thomas S. McMillan, Jr., to meet at 10:00 A.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 3:45 P.M.