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

THURSDAY, MARCH 25, 1993

Thursday, March 25, 1993
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Our Father God, help us to meet this day's blessings with gratitude, its difficulties with fortitude, its duties with fidelity. Deliver us from all selfishness and jealousy which spoil the sweet music of life. May we walk and work in the peace which the world can neither give nor take away, in the charity which thinks no evil, in the good will that bridges all chasms. We thank You that our faith is anchored in an unchanging God even in tests and trials, in frustrations and failures. Teach us to value a conscience void of offense and the royalty of inward contentment above all the pedestals, prizes and preferences which this world can offer.

Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. ALLISON moved that when the House adjourns, it adjourn in memory of Nathan Pridgen, Jr. of Florence, which was agreed to.

REPORTS OF STANDING COMMITTEE

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 543 -- Senator Russell: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO TAKE ALL STEPS NECESSARY TO ELIMINATE THAT UNNECESSARY FEDERAL REGULATION OF THE BANKING SYSTEM THREATENING THIS STATE'S AND THE ENTIRE COUNTRY'S ECONOMIC WELLBEING.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 565 -- Senators Moore, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Mitchell, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 17, 1993, AS "SOUTH CAROLINA CHILDREN'S WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.

Ordered for consideration tomorrow.

Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 566 -- Senators Holland and Giese: A CONCURRENT RESOLUTION TO NAME THE DIVISION OF MOTOR VEHICLES OFFICE BUILDING OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO BE BUILT AT BALLENTINE IN RICHLAND COUNTY IN HONOR OF A. W. UTSEY, JR.

Ordered for consideration tomorrow.

HOUSE RESOLUTION

The following was introduced:

H. 3773 -- Reps. D. Wilder, Carnell and Stoddard: A HOUSE RESOLUTION CONGRATULATING THE PRESBYTERIAN COLLEGE BLUE HOSE MEN'S BASKETBALL TEAM ON AN OUTSTANDING 1992-93 SEASON, THE BEST IN THE STATE OF SOUTH CAROLINA.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3774 -- Reps. Graham, Hallman, Tucker, P. Harris, Cato, Stone, Farr, Simrill, Jaskwhich, Moody-Lawrence, Keegan, Gamble, Thomas, Stille, Townsend, T.C. Alexander, Littlejohn, Wilkins, Phillips, Harrison, Wright, Shissias, Gonzales and Fair: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF CIRCUIT COURT JURY LISTS FROM A TAPE OF THOSE PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO DELETE THIS PROVISION AND PROVIDE THAT THESE JURY LISTS MUST BE PREPARED BY THE STATE ELECTION COMMISSION FROM THE NAMES OF THE REGISTERED VOTERS IN THE COUNTY.

Referred to Committee on Judiciary.

H. 3775 -- Reps. Gamble, Cromer, Sharpe, A. Young, Wright, Cato, Jaskwhich, Hallman, Fulmer, Stuart, Vaughn, Walker, Fair, Wilkins, Wells, Meacham, Davenport, Simrill, Littlejohn, Harrell, Kelley, Robinson, Townsend, Riser, Trotter, Waites, Allison, Cooper, Sturkie, Shissias, Witherspoon, Wilkes, Koon, Keegan, Baker, Gonzales, Marchbanks, Lanford, Clyborne, Phillips, R. Young, Graham, Spearman, Corning, D. Wilder, T.C. Alexander, D. Smith and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-77 SO AS TO PROVIDE THAT THE STATE BUDGET DIVISION PRIOR TO THIRD READING OF THE ANNUAL GENERAL APPROPRIATIONS BILL IN EACH HOUSE AND PRIOR TO THE ADOPTION OF ANY CONFERENCE OR FREE CONFERENCE REPORT THEREON SHALL ATTACH TO IT A STATEMENT OF ITS FISCAL IMPACT ON COUNTIES, MUNICIPALITIES, AND SCHOOL DISTRICTS.

Referred to Committee on Ways and Means.

H. 3776 -- Reps. Kirsh, Moody-Lawrence, Delleney and McCraw: A BILL TO PROVIDE FOR SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH THE MEMBERS OF THE BOARDS OF TRUSTEES OF YORK SCHOOL DISTRICT NO. 1, CLOVER DISTRICT NO. 2, ROCK HILL DISTRICT NO. 3, AND FORT MILL DISTRICT NO. 4 MUST BE ELECTED, TO PROVIDE FOR STAGGERING OF THE TERMS OF ALL TRUSTEES AND PROVIDE THAT THE ELECTION OF THESE TRUSTEES FROM THESE DISTRICTS BEGINS AT THE TIME OF THE GENERAL ELECTION OF 1994.

Referred to York Delegation.

H. 3777 -- Rep. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1142 SO AS TO ALLOW A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM TO ESTABLISH SERVICE CREDIT FOR SERVICE IN THE PEACE CORPS UNDER THE SAME TERMS AND CONDITIONS AS MILITARY SERVICE.

Referred to Committee on Ways and Means.

H. 3778 -- Rep. Rogers: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.

Referred to Committee on Judiciary.

H. 3779 -- Rep. Rogers: A BILL TO AMEND SECTION 42-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT RECORDS OF THE STATE WORKERS' COMPENSATION COMMISSION, IN CERTAIN SITUATIONS, SHALL NOT BE OPEN TO THE PUBLIC AND CERTAIN EXCEPTIONS TO THIS PROVISION, SO AS TO ALLOW ACCESS TO THESE RECORDS BY STATE AGENCIES SATISFYING THE COMMISSION OF THEIR INTEREST AND OF THE RIGHT TO INSPECT THE RECORDS.

Referred to Committee on Judiciary.

S. 511 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-13-1750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH BREEDER'S LICENSES, SO AS TO PROVIDE THAT LICENSED INDIVIDUALS MAY SELL, OFFER FOR SALE, AND TRANSPORT CULTURED GAME FISH TO STOCK OR RESTOCK PRIVATE PONDS; TO PROVIDE THAT CULTURED GAME FISH FOUR INCHES OR LARGER MUST BE PRODUCED FROM SOUTH CAROLINA RAISED BROOD STOCK; AND TO PROVIDE A DEFINITION FOR CULTURED GAME FISH.

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

S. 514 -- Senators Greg Smith and Williams: A BILL TO AMEND SECTION 50-18-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS OF PERMITTED AQUACULTURE SPECIES AND FEED AND SUPPLIES AND NOTIFICATION OF FISH DIE-OFFS IN EXCESS OF TWO HUNDRED FIFTY FISH, SO AS TO DELETE THE NOTIFICATION REQUIREMENT.

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

S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3780 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF WILLIAM PARKER "BILL" FRETWELL OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3781 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION CONGRATULATING MCDUFFIE HIGH SCHOOL OF ANDERSON COUNTY ON WINNING THE 1993 CLASS AA BOYS BASKETBALL STATE CHAMPIONSHIP.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3782 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF SAMUEL J. FRETWELL, JR., OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

ROLL CALL

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

Allison                Anderson               Askins
Bailey, G.             Bailey, J.             Barber
Baxley                 Beatty                 Boan
Breeland               Brown, G.              Brown, H.
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Fair                   Fulmer                 Gamble
Govan                  Graham                 Hallman
Harrell                Harris, P.             Harwell
Haskins                Hines                  Hodges
Holt                   Houck                  Huff
Hutson                 Inabinett              Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Lanford
Law                    Marchbanks             Martin
Mattos                 McAbee                 McCraw
McKay                  McLeod                 McMahand
McTeer                 Meacham                Moody-Lawrence
Neilson                Phillips               Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stone
Stuart                 Sturkie                Thomas
Townsend               Trotter                Tucker
Vaughn                 Waites                 Waldrop
Walker                 Wells                  Whipper
White                  Wilder, D.             Wilder, J.
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 25.

Kenneth Kennedy                   Jean L. Harris
James L. M. Cromer, Jr.           Thomas C. Alexander
Eugene C. Stoddard                G. Ralph Davenport, Jr.
Douglas Jennings, Jr.             Joseph T. McElveen, Jr.
John J. Snow, Jr.                 Roland S. Corning
Richard M. Quinn, Jr.             Larry L. Elliott
Dell Baker                        Stephen E. Gonzales
Alma W. Byrd                      Ralph W. Canty
Larry L. Koon                     C. Alex Harvin, III
Joseph H. Neal
Total Present--113

STATEMENT OF ATTENDANCE

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 18.

LEAVE OF ABSENCE

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

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald A. Wilson of Columbia is the Doctor of the Day for the General Assembly.

SILENT PRAYER

On motion of Rep. FAIR, the House stood in silent prayer in memory of Forrest H. "White" Kendall, former Parker High School Coach and Athletic Director.

SENT TO THE SENATE

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

H. 3756 -- Rep. Stille: A BILL TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR EACH PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE DETERMINED BY THE ABBEVILLE COUNTY ELECTION COMMISSION WITH THE APPROVAL OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION.

H. 3738 -- Reps. J. Bailey, Gonzales and Kirsh: A BILL TO AMEND SECTION 56-5-1300, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC ACCIDENT REPORT FORMS, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE REPORTS AND PROHIBIT THE USE OF CERTAIN INFORMATION IN DRIVING RECORDS.

H. 3743--DEBATE ADJOURNED

Rep. GONZALES moved to adjourn debate upon the following Bill until Tuesday, March 30, which was adopted.

H. 3743 -- Reps. J. Bailey, Barber, Whipper, Breeland, Inabinett, Law, G. Bailey, Williams and Holt: A BILL TO AMEND SECTION 13-12-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE TRIDENT ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO PROHIBIT THE IMPLEMENTATION OF THE AUTHORITY UNLESS BERKELEY, CHARLESTON, AND DORCHESTER COUNTIES AGREE TO PARTICIPATE IN THE AUTHORITY; TO AMEND SECTION 13-12-15, RELATING TO THE APPROVAL PROCEDURE TO PARTICIPATE IN THE AUTHORITY, SO AS TO PROVIDE ANOTHER APPROVAL PROCEDURE; TO AMEND SECTION 13-12-220, RELATING TO THE IMPLEMENTATION OF THE PROVISIONS OF CHAPTER 12 OF TITLE 13, SO AS TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER ONLY UPON THE APPROVAL OF EACH OF THE RESPECTIVE COUNTIES; AND TO REPEAL SECTION 3 OF ACT 518 OF 1992, RELATING TO THE REQUIREMENT THAT THE ELECTION COMMISSIONER OF BERKELEY, DORCHESTER, AND CHARLESTON COUNTIES PLACE ON THE BALLOT AT THE TIME OF THE NOVEMBER, 1992, GENERAL ELECTION THE QUESTION OF THE CREATION OF THE AUTHORITY AND ITS ISSUANCE OF GENERAL OBLIGATION BONDS.

H. 3610--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 3610
GENERAL APPROPRIATION BILL

Rep. BOAN proposed the following Amendment No. 579 (Doc Name L:\h-wm\legis\amend\VRC.80), which was adopted.

Amend the bill, as and if amended, Part I, Section 4, Judicial, Page 41, line 2 by decreasing the line in Column(s) /(2) 325,000/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 580 (Doc Name L:\h-wm\legis\amend\RDM.FIN), which was adopted.

Amend the bill, as and if amended, Part I, Section 9, State Treasurer, Page 066, Lines 29 through 39, Opposite /Financial Institution Board/

Amend further,

Page 067, Lines 1 through 5, Opposite /Other Operating Expenses/ by moving section in its entirety to an appropriately numbered section.

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 581 (Doc Name L:\h-wm\legis\amend\VRC.81), which was adopted.

Amend the bill, as and if amended, Part I, Section 12, Commission on Appellate Defense, Page 77, as amended by amendment #485, by increasing the new line in column(s) (2) 325,000 and decreasing column(s) (4) 325,000

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 582 (Doc Name L:\h-wm\legis\amend\CK.055), which was adopted.

Amend the amendment 89 regarding retirement bonus, PART I, SECTION 17K, PAGE 194, BY STRIKING AFTER THE WORD "than" September 1, AND INSERTING /November 1,/

FURTHER AMEND, AMENDMENT 89 REGARDING RETIREMENT BONUS, PART I, SECTION 17K, PAGE 194 BY ADDING AFTER THE LAST SENTENCE TO READ /ALL SAVINGS DERIVED FROM THE RETIREMENT BONUS SHALL BE RETAINED AND CARRIED FORWARD BY THE GOVERNING BODY, STATE AGENCY, SCHOOL DISTRICT OR POLITICAL SUBDIVISION. THE BONUS SHALL NOT BE INCLUDED IN THE AVERAGE FINAL COMPENSATION FOR PURPOSES OF CALCULATING THE AMOUNT OF THE RETIREMENT ANNUITY WITH THE SOUTH CAROLINA RETIREMENT SYSTEM./

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 583 (Doc Name L:\h-wm\legis\amend\CK.090), which was adopted.

Amend the bill, as and if amended, Part I, Section 17P, Page 206, so as to add an appropriately numbered proviso to read: /17P____ Any teacher or employee especially skilled in scientific knowledge and attainment may be temporarily employed by any part of the government or any agency thereof in a consultative capacity on a per diem compensation without such temporary consultative employment in any way affecting, reducing or canceling his retirement benefits but such temporary consultative employment shall not exceed six months in any one year./

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 584 (Doc Name L:\h-wm\legis\amend\FF.005), which was adopted.

Amend the bill, as and if amended, Part I, Section 19, Page 247, Opposite /19E/ by striking /College/ and inserting /University/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 585 (Doc Name L:\h-wm\legis\amend\CJ.009), which was adopted.

Amend the bill, as and if amended, Part I, Section 19J, University of South Carolina, Page 323, Line 8, Right column, By adding an appropriately numbered proviso at the end to read /19J.___ Provided that the University of South Carolina, Columbia, Lancaster, Spartanburg, an Union Campuses be allowed to apply a 5% indirect cost rate for their four early childhood education centers supported by the SC Health and Human Services Finance Commission through the Social Services Block Grant for FY '93-94 only.

Provided further, over the next four year period, USC-Columbia and the three regional campuses are required to phase-in the actual negotiated rate by an incremental 25%. Each year the indirect cost rate will increase by 25% of that year's actual negotiated rate until the full negotiated rate is being applied in year 4 of the phase-in./

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 586 (Doc Name L:\h-wm\legis\amend\TMR.TEC), which was adopted.

Amend the bill, as and if amended, Part I, Section 19N, Bd. for TEC, page 357, by deleting proviso 19N.2 in its entirety.

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 587 (Doc Name L:\h-wm\legis\amend\RDM.DW4), which was adopted.

Amend the bill, as and if amended, Part I, Section 33E, Department of Insurance, Page 508, Line 6, by increasing the FTE in column /(1) (1.00)/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 588 (Doc Name L:\h-wm\legis\amend\VRC.080), which was adopted.

Amend the bill, as and if amended, Part I, Section 89B, Aid to Subdivisions, page 619, line 8, Opposite /Aid- Local Government Funds/ by decreasing the line in column(s) /(4) 2,750,000/

Amend further, page 619, by inserting a new line after line 8, Opposite /Special Item: Coin-Operated Devices/ by increasing the line in column(s) /(4) 2,750,000/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 589 (Doc Name L:\h-wm\legis\amend\VRC.075), which was adopted.

Amend the bill, as and if amended, Part I, Page 630, Right Column, by striking Proviso #129.21 in its entirety and inserting:

/129.21 (Human Services Coordinating Council Creation) The General Assembly finds that the operation of health and human services may be enhanced by closer working relationships among agencies at the state and local level. The General Assembly finds that coordination at both levels provides opportunities to serve the citizens of South Carolina better through (1) continued expansion of services integration and (2) stronger communication among agencies delivering services.
In order to assist in, recommend, develop policy for, and supervise the expenditure of funds for the continuation of service integration in South Carolina, there is created a Human Services Coordinating Council, hereinafter, entitled the Council. The Council shall consist of:

(1) The chairperson of the boards of the following agencies: Commission for the Blind, State Housing Finance and Development Authority, Vocational Rehabilitation, School for the Deaf and Blind and the Educational Television Commission. These chairpersons shall receive the usual mileage, subsistence, and per diem provided by law for members of committees, boards, and commissions. Mileage, subsistence and per diem must be paid from the approved accounts of their respective boards or commissions.

(2) The Director or Chief Executive Officer of each of the following Departments: Department of Education, Department of Rehabilitation and Corrections, Department of Health, Department of Mental Health, Department of Disabilities and Special Needs, Department of Health and Human Services Finance, Department of Family Services, Department of Alcohol and Other Drug Abuse Services.

(3) The Governor or his designee.

(4) Other such members as the Council shall deem appropriate.

The Council shall:

(1) Select a Board Chairperson, Director or Chief Executive Officer on an annual basis to serve as the Council Chairperson.

(2) Meet regularly to provide an opportunity for collaboration and cooperation among member agencies.

The Council shall have as its goals:

(1) Identify and address priority health and human needs and promote the availability of responsive resources.

(2) Promote cost-effective, efficient approaches for the delivery of health and human services which include prevention, education, reduction of dependency, promotion of self-sufficiency and delivery of services in the least restrictive, most appropriate community-based and institutional settings.

(3) Provide coordination between the council members and the Department of Health and Human Services Finance in the development of the comprehensive State Health and Human Services Plan.

(4) In cooperation with the Department of Health and Human Services Finance, coordinate and oversee efforts to integrate services information among state agencies and between state and local agencies.

(5) Review and monitor service integration efforts begun by the Human Services Integration Projects, and including:

(a) Developing standards for case management activities and coordinating with local entities on service integration efforts, and

(b) Receiving requests for funding of projects designed to further integration of services, including review and approval of such projects.

Member agencies and departments of the Council will provide client information for the Client Masterfile System, as requested by the Council Chair, for statistical analysis purposes and for improving human services delivery systems for South Carolinians. All individual client information submitted by participating agencies or departments will be protected under the State's confidentiality laws and regulations.

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 590 (Doc Name L:\council\legis\amend\DKA\4479AL.93), which was adopted.

Amend the amendment to H. 3610, sponsored by Farr, et al., dated March 18, 1993, bearing document number L:\council\legis\amend\DKA\4469AL.93, adopted amendment number 539, as and if amended, by striking subsection (E) of Section 56-5-4160 as contained in SECTION 20 and inserting:

/(E)     Magistrates have jurisdiction of violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department by the magistrate within forty-five days for deposit in the state highway fund. Of the monies collected pursuant to subsection (B), the department shall use this money for upgrading and refurbishing existing weigh stations, including adequate night lighting for enforcement activities and any other safety measures that the department considers necessary. deposited to the credit of the general fund of the county in which the violation occurred. The fine may be deposited with the arresting officer or anyone else the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the operator is allowed to move the vehicle. If there is no conviction, the fine must be returned to the owner promptly.

'Conviction' as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's present in the court.

If the fine is not paid in full to the department within forty-five days after conviction, the license and registration of the vehicle found to exceed the limits imposed by Sections 56-5-4130 or 56-5-4140 must be suspended. The owner of the vehicles immediately shall return the license and registration of the vehicle to the department. If a person fails to return them as provided in this section, the department may secure possession of them by a commissioned trooper. The suspension continues until the fine is paid in full./

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

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

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

Yeas 91; Nays 14

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Askins                 Bailey, G.             Bailey, J.
Barber                 Boan                   Breeland
Brown, H.              Brown, J.              Canty
Carnell                Chamblee               Clyborne
Cobb-Hunter            Corning                Cromer
Fair                   Fulmer                 Gonzales
Govan                  Graham                 Hallman
Harrell                Harris, J.             Harris, P.
Haskins                Hines                  Hodges
Houck                  Huff                   Hutson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Koon                   Lanford                Law
Marchbanks             Martin                 Mattos
McAbee                 McCraw                 McElveen
McKay                  McTeer                 Moody-Lawrence
Neilson                Phillips               Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sheheen                Shissias               Smith, D.
Smith, R.              Snow                   Spearman
Stille                 Stoddard               Sturkie
Thomas                 Townsend               Trotter
Tucker                 Vaughn                 Waites
Waldrop                Walker                 Wells
Whipper                White                  Wilder, D.
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, R.

Total--91

Those who voted in the negative are:

Baxley                 Beatty                 Brown, G.
Cato                   Cooper                 Davenport
Gamble                 McMahand               Meacham
Sharpe                 Simrill                Stone
Stuart                 Young, A.

Total--14

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

RECORD FOR VOTING

I wish to be recorded as voting against the passage of the Appropriations Bill, H. 3610.

Rep. ALMA W. BYRD

RECORD FOR VOTING

I was in the Joint Screening Committee for Public Service Com. Had I been present I would have voted against the budget. I have pledged not to raise taxes. This budget has two tax increases.

Rep. RICHARD M. QUINN, JR.

RECORD FOR VOTING

While I appreciate the hard work of the Ways and Means Committee, I felt compelled to vote against the General Appropriation Bill. I represent a district in which more than half of the residents are over 65 years of age, many of them living on very modest fixed incomes. For many of them, a millage increase, even a small one, will force them to choose between paying their property taxes or buying essentials such as food or medicine. The additional dollar fee on license tags, and a public education appropriation which my school superintendent maintains will require additional millage, forced me to vote against H. 3610.

Rep. MARGARET J. GAMBLE

H. 3356--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3356 -- Reps. Simrill, Kirsh and Meacham: A BILL TO AMEND SECTION 5-7-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3412--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate amendments to the following Bill was taken up for consideration.

H. 3412 -- Rep. McLeod: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR SUMTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR SUMTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE SUMTER COUNTY ELECTION COMMISSION AND THE SUMTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW SUMTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3010--NON-CONCURRENCE IN SENATE AMENDMENTS

The Senate amendments to the following Bill were taken up for consideration.

H. 3010 -- Reps. Carnell, Felder, Boan, M.O. Alexander, Barber, Beatty, H. Brown, J. Brown, Cato, Clyborne, Cobb-Hunter, Corning, Cromer, Davenport, Delleney, Elliott, Fulmer, Gamble, Govan, Hallman, Harrelson, J. Harris, P. Harris, Harvin, Hodges, Holt, Jaskwhich, Jennings, Keegan, Kinon, Kirsh, Koon, Lanford, Mattos, McAbee, McCraw, McElveen, McKay, McTeer, Moody-Lawrence, Neilson, Phillips, Quinn, Rhoad, Riser, Rogers, Rudnick, Sheheen, Shissias, R. Smith, Snow, Stille, Townsend, Tucker, Vaughn, Waites, Waldrop, Wells, White, D. Wilder, J. Wilder, Wilkes, Wilkins, Williams, Worley, R. Young, Marchbanks, Richardson, Huff, A. Young, Wofford, Graham, Chamblee, Klauber and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-11-140 SO AS TO LIMIT APPROPRIATIONS IN THE ANNUAL GENERAL APPROPRIATIONS ACT TO AN AMOUNT NOT TO EXCEED THE BASE REVENUE ESTIMATE, TO DEFINE BASE REVENUE ESTIMATE, TO PROVIDE FOR AN INCREASE IN THE BASE REVENUE ESTIMATE ON THE WRITTEN CERTIFICATION OF THE BOARD OF ECONOMIC ADVISORS, AND TO PROVIDE WHEN AND FOR WHAT PURPOSES SURPLUS REVENUES MAY BE APPROPRIATED.

The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.

S. 60--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

S. 60 -- Senators Washington, Stilwell and Rose: A BILL TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3013--SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate amendments to the following Bill were taken up for consideration.

H. 3013 -- Reps. P. Harris, Carnell, J. Harris and Mattos: A BILL TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF MENTAL HEALTH BOARDS, SO AS TO INCLUDE PARENTS OF EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS FOR CONSIDERATION AS CONSUMER AND FAMILY REPRESENTATIVES ON THE BOARDS.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 3546--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO RESTRUCTURE THE EXECUTIVE BRANCH BY REORGANIZING DEPARTMENTS. (Abbreviated Title)

Rep. HODGES proposed the following Amendment No. 249 (Doc. Name L:\council\legis\amend\JIC\5683SD.93), which was adopted.

Reference is to Printer's Date 3/15/93-H.

Rep. HODGES explained the amendment.

The amendment was then adopted.

RULE 5.14 WAIVED

Rep. HODGES moved to waive Rule 5.14, which was agreed to.

Reps. G. BROWN and DAVENPORT spoke against the Bill.

LEAVE OF ABSENCE

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

Rep. DAVENPORT continued speaking.

Rep. STUART spoke in favor of the Bill.

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

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

Yeas 90; Nays 11

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Allison
Bailey, J.             Baker                  Barber
Baxley                 Boan                   Brown, H.
Cato                   Chamblee               Clyborne
Cooper                 Corning                Cromer
Elliott                Fair                   Fulmer
Gamble                 Gonzales               Govan
Graham                 Hallman                Harrell
Harris, J.             Harris, P.             Harwell
Haskins                Hines                  Hodges
Holt                   Houck                  Hutson
Inabinett              Jennings               Keegan
Kelley                 Keyserling             Kinon
Kirsh                  Klauber                Koon
Lanford                Law                    Marchbanks
Martin                 Mattos                 McAbee
McCraw                 McKay                  McTeer
Meacham                Moody-Lawrence         Neilson
Phillips               Quinn                  Rhoad
Richardson             Riser                  Robinson
Rogers                 Rudnick                Scott
Sheheen                Shissias               Simrill
Smith, D.              Smith, R.              Snow
Spearman               Stille                 Stone
Stuart                 Thomas                 Townsend
Trotter                Tucker                 Vaughn
Waites                 Waldrop                Walker
Wells                  Wilder, D.             Wilder, J.
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.

Total--90

Those who voted in the negative are:

Anderson               Brown, G.              Brown, J.
Canty                  Carnell                Davenport
Harvin                 McElveen               McMahand
Sharpe                 Stoddard

Total--11

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

RECORD FOR VOTING

I wish to be recorded as voting no, against the passage of H. 3546, the Restructuring Bill.

Rep. E.B. McLEOD, JR.

RECORD FOR VOTING

I wish to be recorded as voting against the passage of the restructuring bill, H. 3546.

Rep. ALMA W. BYRD

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3504 -- Reps. Stuart, Cromer and Gamble: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS TO PROVIDE THE NECESSARY FUNDING FOR THE IMPLEMENTATION OF A SERVICE WHICH CONGRESS MANDATES A STATE, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION TO PROVIDE AND TO RELIEVE AND EXEMPT A STATE, COUNTY, MUNICIPALITY, OR OTHER POLITICAL SUBDIVISION FROM ALL ENFORCEMENT OBLIGATIONS OR DUTIES IN SUCH SITUATIONS.

H. 3780 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF WILLIAM PARKER "BILL" FRETWELL OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

H. 3781 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION CONGRATULATING MCDUFFIE HIGH SCHOOL OF ANDERSON COUNTY ON WINNING THE 1993 CLASS AA BOYS BASKETBALL STATE CHAMPIONSHIP.

H. 3782 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF SAMUEL J. FRETWELL, JR., OF ANDERSON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

ADJOURNMENT

At 10:45 A.M. the House in accordance with the motion of Rep. ALLISON adjourned in memory of Nathan Pridgen, Jr., of Florence, to meet at 10:00 A.M. tomorrow.

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