South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

WEDNESDAY, FEBRUARY 28, 1996

Wednesday, February 28, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 A.M.

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

Help us, good Lord, to so conduct ourselves this day as to be neither afraid of tomorrow and ashamed of yesterday, and give us the desire to heed the directions that God gives. Teach us that it is better to forgive and forget than to remember and resent. Cause us to see that difficulties are to make us better, not bitter; that no cloud is so dark but that there's a rainbow in it. God forbid that we should be so busy planning for a rainy day that we cannot see today's sunshine.

Keep us steadfast in the words of the Psalmist: "God is our Refuge and Strength." (Psalm 46:1a) 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. McMAHAND moved that when the House adjourns, it adjourn in memory of Reverend W.T. Rodden of Roebuck, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 27, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1014:
S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 27, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 296:
S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

CONCURRENT RESOLUTION

The following was introduced:

H. 4687 -- Reps. Wilder, Carnell and Stoddard: A CONCURRENT RESOLUTION CONGRATULATING CMI INDUSTRIES, INC., ON ITS CENTENNIAL CELEBRATION.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1170 -- Senator Elliott: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE BRIDGE ON HIGHWAY 41 AT THE LITTLE PEE DEE RIVER IN DILLON COUNTY THE "HUGGINS BRIDGE" AND TO INSTALL APPROPRIATE MARKERS OR SIGNS.

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. 4688 -- Reps. Fulmer, Limehouse, Whatley, Seithel, Hallman and Harrell: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT THE ASSESSED VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY MAY NOT INCREASE MORE THAN AN AMOUNT EQUAL TO THE INCREASE IN THE COST OF LIVING SINCE THE LAST REASSESSMENT DATE, AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER'S SPOUSE, TO PROVIDE THAT WHEN THE PROPERTY IS TRANSFERRED THE PROPERTY MAY BE ASSESSED AT THE FAIR MARKET VALUE, TO PROVIDE THAT THE ASSESSED VALUE OF PROPERTY OWNED BY PERSONS ELIGIBLE FOR THE HOMESTEAD EXEMPTION MUST NOT INCREASE AS LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY THE OWNER'S SPOUSE, AND TO PROVIDE THAT THE ASSESSED VALUE OF PROPERTY THAT HAS BEEN OWNED AND OCCUPIED BY THE SAME OWNER OR THE OWNER'S SPOUSE CONTINUOUSLY SINCE 1992 MAY NOT BE GREATER THAN ONE HUNDRED PERCENT HIGHER THAN THE ASSESSED VALUE OF THE PROPERTY IN 1992.

Referred to Committee on Ways and Means.

H. 4689 -- Reps. Witherspoon, Worley, Martin, Keegan and Kelley: A BILL TO AMEND ACT 239 OF 1983, RELATING TO THE PROCEDURE BY WHICH THE BUDGET FOR THE OPERATION OF THE SCHOOLS IN HORRY COUNTY IS PREPARED, INCLUDING THE MILLAGE AND THE APPROVAL PROCESS, SO AS TO REVISE THE PROCEDURE FOR PREPARING THE ANNUAL SCHOOL BUDGET, TO REVISE THE DATE BY WHICH SCHOOL BUDGETS MUST BE SUBMITTED TO THE COUNTY BOARD OF EDUCATION, AND TO PROVIDE THAT THE HORRY COUNTY BOARD OF EDUCATION BEGINNING WITH THE YEAR 1996 MAY NOT INCREASE THE MILLS LEVIED FOR SCHOOL OPERATING PURPOSES BY MORE THAN TWO AND ONE-HALF MILLS, THAT INCREASES OVER TWO AND ONE-HALF MILLS BUT NOT EXCEEDING FIVE MILLS MUST BE FIRST APPROVED BY THE GOVERNING BODY OF HORRY COUNTY BY TWO-THIRDS VOTE, AND THAT INCREASES OVER FIVE MILLS MUST BE FIRST APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT IN A REFERENDUM CALLED FOR THIS PURPOSE BY THE BOARD.

On motion of Rep. KELLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.

Referred to Committee on Judiciary.

S. 1102 -- Senator Holland: A BILL TO AMEND SECTION 7-15-380, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OATH OF AN ABSENTEE BALLOT APPLICANT, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE OATH; TO AMEND SECTION 7-15-385, RELATING TO THE MARKING OF ABSENTEE BALLOTS, SO AS TO PROVIDE THAT AN APPLICANT WHO CANNOT SIGN HIS NAME BECAUSE OF ILLITERACY OR A HANDICAP MAY INSTEAD MAKE HIS MARK; AND TO AMEND SECTION 7-15-420, RELATING TO RECEIPT, TABULATION, AND REPORTING OF ABSENTEE BALLOTS, SO AS TO DELETE THE REQUIREMENT THAT THE ADDRESS OF THE WITNESS APPEAR ON THE RETURN-ADDRESSED ENVELOPE.

Referred to Committee on Judiciary.

ROLL CALL

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

Allison                Anderson               Breeland
Brown, H.              Brown, J.              Brown, T.
Cain                   Cato                   Cave
Chamblee               Clyburn                Cooper
Cotty                  Dantzler               Easterday
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harris, J.
Harrison               Haskins                Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Knotts
Koon                   Law                    Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Marchbanks
Mason                  McAbee                 McCraw
McKay                  McMahand               Meacham
Neilson                Phillips               Quinn
Rhoad                  Richardson             Riser
Robinson               Rogers                 Sandifer
Scott                  Seithel                Sharpe
Sheheen                Shissias               Simrill
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkins
Witherspoon            Wofford                Worley

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, February 28.

Annette Young-Brickell            Patrick B. Harris
Dewitt Williams                   Jerry N. Govan, Jr.
Daniel L. Tripp                   Harry R. Askins
Gilda Cobb-Hunter                 Joseph H. Neal
William D. Keyserling             F.G. Delleney, Jr.
W. Jeffrey Young                  Doug Smith
James S. Klauber                  L. Morgan Martin
Marion P. Carnell                 George H. Bailey
Bessie Moody-Lawrence             Rex Fontaine Rice
James L.M. Cromer, Jr.            Timothy C. Wilkes
Michael F. Jaskwhich              David A. Wright
Steve P. Lanford                  Grady A. Brown
Douglas E. McTeer, Jr.            Alma W. Byrd
Larry L. Elliott                  Paula H. Thomas
C. Alex Harvin III                G. Ralph Davenport, Jr.
John G. Felder                    Ralph W. Canty
Joseph T. McElveen, Jr.           William D. Boan
Heyward G. Hutson
Total Present--122

LEAVES OF ABSENCE

The SPEAKER granted Rep. BAXLEY a leave of absence.

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

DOCTOR OF THE DAY

Announcement was made that Dr. Susan Baker of Charleston is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. CAVE and RHOAD on behalf of the Barnwell Delegation, presented to the House the Blackville-Hilda Hawks football team, winners of the 1995 State Class A Championship, their coaches and other school officials.

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

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

H. 4600--AMENDED AND INTERRUPTED DEBATE

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

H. 4600
GENERAL APPROPRIATION BILL
PART IA
SECTION 18N--ADOPTED

Debate was resumed on Section 18N.

Reps. ROGERS and HODGES proposed the following Amendment No. 143 (Doc Name P:\amend\bs.67), which was tabled.

Amend the bill, as and if amended, Part IA, Section 18N, Technical & Comprehensive Education, page 161, after line 31, opposite /Special Item-Job Retraining Fund/ by increasing the amount(s) in Column 5 and Column 6 by:

COLUMN 5     COLUMN 6

/     1,500,000     1,500,000

( )     ( )/

Renumber sections and amend totals/title to conform.

Rep. ROGERS explained the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. KOON spoke against the amendment.

Rep. FULMER moved to table the amendment.

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

Yeas 63; Nays 33

Those who voted in the affirmative are:

Allison                Bailey                 Brown, H.
Cain                   Carnell                Cato
Chamblee               Cooper                 Cotty
Dantzler               Delleney               Easterday
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harris, P.
Haskins                Herdklotz              Keegan
Kelley                 Keyserling             Kirsh
Klauber                Knotts                 Koon
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             Mason
McAbee                 McKay                  Meacham
Rice                   Richardson             Riser
Robinson               Sandifer               Seithel
Sharpe                 Shissias               Simrill
Smith, D.              Smith, R.              Spearman
Stuart                 Tripp                  Trotter
Vaughn                 Waldrop                Walker
Wells                  Whatley                Wilkes
Wilkins                Witherspoon            Wofford
Worley                 Young                  Young-Brickell

Total--63

Those who voted in the negative are:

Anderson               Askins                 Breeland
Brown, G.              Brown, T.              Clyburn
Cobb-Hunter            Harris, J.             Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Kennedy
Lee                    Lloyd                  McCraw
McMahand               Neal                   Neilson
Phillips               Rogers                 Scott
Sheheen                Stoddard               Townsend
Tucker                 Whipper, L.            Whipper, S.
White                  Wilder                 Williams

Total--33

So, the amendment was tabled.

Section 18N was adopted.

PART IB
SECTION 3--AMENDED AND ADOPTED

Debate was resumed on Section 3.

Reps. GAMBLE, CROMER, HARRISON, FLEMING, WORLEY, RHOAD, KOON, NEILSON, SPEARMAN, STUART, PHILLIPS, SHISSIAS, WRIGHT, DELLENEY, J. HARRIS, McCRAW, RICHARDSON, WITHERSPOON, KNOTTS, L. WHIPPER and KELLEY proposed the following Amendment No. 110 (Doc Name P:\amend\PT\2283SD.96), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 3, by adding at the end of Paragraph 3.29, which begins on Line 23 of Page 397, the following:

/The amount herein appropriated for additional support personnel to assist House members shall be allocated to each member on a pro-rata basis. Each member may choose to expend his allocation for an individual legislative aide or may choose to combine his allocation with allocations of other House members for a legislative aide to assist each of the members contributing to the expense of that aide./

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

Rep. VAUGHN spoke against the amendment.

Reps. CROMER and KIRSH spoke in favor of the amendment.

Rep. VAUGHN spoke upon the amendment.

The amendment was then adopted.

Reps. ROGERS and FELDER proposed the following Amendment No. 71 (Doc Name P:\amend\ta.5), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 399, Paragraph 45, line 16, by striking:

/(LEG: (Legislative Oversight of Medicaid Waiver) There is created the Legislative Medicaid Waiver Task Force consisting of the following voting members: the Governor or his designee, up to three members of the Senate Finance appointed by the Chairman of Senate Finance, up to three members of Ways and Means appointed by the Chairman of Ways and Means and up to three members appointed by the Chairman of the Joint Committee on Health Care Planning and Oversight. This Task Force shall (1) oversee planning and implementation of the medicaid waiver which was applied for on March 3, 1994; and (2) review the budgets of all state agencies which might be affected by the conversion to managed care and the expansion of medicaid coverage to potentially over 200,000 additional South Carolinians. In addition to the Governor and the legislative members, the Chairmen of Senate Finance, Ways and Means and Health Care Planning and Oversight may jointly appoint up to six representatives of public and private interests, one of whom must be a consumer, who are significantly affected by the waiver. Such representatives will serve as non-voting members of the Task Force. The legislative members of the Task Force shall elect one member to serve as chairman and one member to serve as vice chairman. The Task Force shall periodically report to all members of the General Assembly concerning the progress of the waiver. The Speaker of the House, President Pro Tempore of the Senate and Chairman of the Health Care Planning and Oversight Committee shall jointly designate staff from the House and Senate to provide necessary administrative, legal and research services for the Task Force, and to the extent practical, use the personnel of appropriate state agencies and commissions with such administrative and legal resources./

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 6--TABLED

Debate was resumed on Amendment No. 6, which was proposed on Monday, February 26, by Rep. MARCHBANKS.

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

Reps. MARCHBANKS and CARNELL proposed the following Amendment No. 6A (Doc Name P:\amend\dc.35), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 400, after line 7, by adding an appropriately numbered paragraph to read:

/There is hereby established a Capital Projects Oversight Committee. The Capital Projects Oversight Committee shall consist of four members of the Ways and Means Committee, one of whom shall be the Ways and Means Committee Chairman and three other members who shall be appointed by the Chairman and four members of the Senate Finance Committee, one of whom shall be the Senate Finance Committee Chairman and three other members who shall be appointed by the Chairman. The duties of the former Joint Bond Review Committee shall be devolved upon the Capital Projects Oversight Committee/

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted by a division vote of 66 to 27.

Rep. KIRSH proposed the following Amendment No. 151 (Doc Name P:\amend\ff.29), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 398, Paragraph 40, lines 27 through 34, by striking:

/proviso (LEG: Selected Agencies Base Budget Study) in its entirety/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. ROBINSON, WILKINS, HARRISON, MARCHBANKS, TROTTER, HASKINS, QUINN and D. SMITH proposed the following Amendment No. 114 (Doc Name P:\amend\GJK\22410DW.96), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 3, Legislative Department, page 400, after line 7, by adding an appropriately numbered item.

/____. No member of the General Assembly who has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses may receive compensation or reimbursable expenses provided for members of the General Assembly in this act. However, this item does not apply to a person who has been pardoned under state or federal law of the disqualifying felony./

Renumber sections & amend totals/title to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 114 was out of order as it was not germane.

The SPEAKER stated that it was in Part IB and he overruled the Point of Order.

The amendment was then adopted.

Section 3 as amended was adopted.

SECTION 6DD--ADOPTED

Debate was resumed on Section 6DD.

Section 6DD was adopted.

SECTION 11--AMENDED AND ADOPTED

Debate was resumed on Section 11.

Reps. TUCKER and QUINN proposed the following Amendment No. 92 (Doc Name P:\amend\jl.60), which was adopted.

Amend the bill, as and if amended, Part IB, Section 11, Attorney General, page 407, Paragraph 12, line 29 by striking /under the age of 17/ and inserting /non-violent/ before the word /criminal:/

Amend the bill further, as and if amended, Part IB, Section 11, Attorney General, page 407, Paragraph 12, by striking line 34 beginning with /When a juvenile/ through line 40 ending with /suspended sentence/

Renumber sections & amend totals/title to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

Reps. TUCKER and QUINN proposed the following Amendment No. 123 (Doc Name P:\amend\JIC\5327SD.96), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 11, Paragraph 12, by striking /The Attorney General's Office and the/, as contained on line 40 of page 407 and inserting /The/.

Amend title, totals, and sections to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

Rep. TUCKER proposed the following Amendment No. 148 (Doc Name P:\amend\jl.65), which was adopted.

Amend the bill, as and if amended, Part IB, Section 11, Attorney General's Office, page 407, Paragraph 12, lines 26 and 27, by striking:

/and as an optional alternative sentence for Family Court Judges/

Renumber sections & amend totals/title to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

Section 11 as amended was adopted.

SECTION 14--ADOPTED

Debate was resumed on Section 14.

Section 14 was adopted.

SECTION 17C--AMENDED AND ADOPTED

Debate was resumed on Section 17C.

Rep. SHEHEEN proposed the following Amendment No. 58 (Doc Name P:\amend\dc.7), which was rejected.

Amend the bill, as and if amended, Part IB, Section 17C, B&C BD-Budget & Analyses, Page 419, Paragraph 19, Line 30 by striking paragraph in its entirety and inserting the following:

/17C.19 (Employee Pay) The amounts appropriated to the Budget and control Board for employee Pay increase must be allocated by the Board to the various state agencies to provide for employees pay increases in accordance with the following plan:

1. With respect to both classified and unclassified employees not elsewhere covered in the Act:

A. Effective on the first pay date that occurs on or after January 1 of the current fiscal year, employees whose annualized salary is equal to or less than $50,000 shall receive an annual average 4% increase.

B. Effective on the first pay date that occurs on or after January 1 of the current fiscal year, employees whose annualized salary is more than $50,000 shall receive an annualized increase of $2,000.

2. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increase shall be effective on the first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range.

3. Effective on the first pay date that occurs on or after January 1 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 4%, not to exceed an annualized increase of $2,000.

4. With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 4% increase, effective on the first pay period of or after January 1 of the current fiscal year.

5. Effective on the first pay date that occurs on or after January 1 of the current fiscal year, the Chief Justice and other judicial officers shall receive a base pay increase of $2,000./

Renumber Sections & Amend totals/title to conform.

Rep. SHEHEEN explained the amendment.

Rep. H. BROWN spoke against the amendment.

Rep. SHEHEEN spoke in favor of the amendment.

Rep. HASKINS spoke against the amendment.

Rep. H. BROWN moved to table the amendment.

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

Yeas 56; Nays 56

Those who voted in the affirmative are:

Allison                Askins                 Brown, H.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Dantzler
Easterday              Felder                 Fulmer
Hallman                Harrell                Haskins
Herdklotz              Jaskwhich              Keegan
Kelley                 Klauber                Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Mason                  McKay
Meacham                Rice                   Richardson
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Spearman
Stuart                 Tripp                  Trotter
Vaughn                 Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--56

Those who voted in the negative are:

Anderson               Bailey                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Carnell                Cave
Clyburn                Cobb-Hunter            Cromer
Delleney               Elliott                Harris, J.
Harris, P.             Harrison               Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Keyserling             Kinon
Kirsh                  Knotts                 Lee
Lloyd                  McAbee                 McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Rhoad
Rogers                 Scott                  Sheheen
Shissias               Stille                 Stoddard
Townsend               Tucker                 Waldrop
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes

Total--56

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 55; Nays 58

Those who voted in the affirmative are:

Anderson               Breeland               Brown, J.
Brown, T.              Byrd                   Carnell
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Elliott
Felder                 Govan                  Harris, J.
Harris, P.             Harvin                 Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Kennedy
Keyserling             Kinon                  Kirsh
Lee                    Lloyd                  Martin
McAbee                 McCraw                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Rogers                 Scott
Sheheen                Shissias               Stille
Stoddard               Townsend               Tucker
Waldrop                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Williams

Total--55

Those who voted in the negative are:

Allison                Askins                 Brown, H.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Dantzler
Easterday              Fleming                Fulmer
Hallman                Harrell                Harrison
Haskins                Herdklotz              Jaskwhich
Keegan                 Kelley                 Klauber
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             Mason
McKay                  Meacham                Quinn
Rice                   Richardson             Riser
Robinson               Sandifer               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Spearman               Stuart
Tripp                  Trotter                Vaughn
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell

Total--58

So, the amendment was rejected.

RECORD FOR NOT VOTING

As a part-time employee of the University of South Carolina, I did not vote on the tabling nor the adoption motion of Amendment No. 58 of Section 17 of H. 4600.

Rep. MARGARET J. GAMBLE

RECORD FOR VOTING

I was out of the chamber talking with a mayor from Dorchester County when Amendment No. 58 dealing with S.C. State Employees raise.

I would like to report had I been in the chamber when this amendment was voted on, I would have voted for Amendment No. 58. Thank you.

Rep. GEORGE H. BAILEY

Reps. H. BROWN, LANFORD, McKAY, LAW, RISER, HARRISON, ROBINSON, D. SMITH, TOWNSEND, HARRELL, TROTTER, MARCHBANKS, HALLMAN, QUINN, YOUNG-BRICKELL, WILKINS, SANDIFER, SIMRILL, WORLEY, CHAMBLEE, R. SMITH, CAIN, MASON, RICE, ALLISON, SEITHEL, SHARPE, SPEARMAN, HASKINS, DANTZLER, MEACHAM, LIMBAUGH, COTTY, WELLS, and COOPER proposed the following Amendment No. 155 (Doc Name P:\amend\dc.7), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17C, B&C BD-Budget & Analyses, page 419, Paragraph 19, line 30 by striking paragraph in its entirety and inserting the following:

/17C.19 (Employee Pay) The amounts appropriated to the Budget and Control Board for Employee Pay Increase must be allocated by the Board to the various state agencies to provide for employees pay increases in accordance with the following plan:

1.     With respect to both classified and unclassified employees not elsewhere covered in the Act:

A.     Effective on the first pay date that occurs on or after October 16 of the current fiscal year, employees whose annualized salary is equal to or less than $50,000 shall receive an annual average 2% increase.

B.     Effective on the first pay date that occurs on or after October 16 of the current fiscal year, employees whose annualized salary is more than $50,000 shall receive an annualized increase of $1,000.

2.     With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increases shall be effective on the first pay date that occurs on or after October 16 of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range.

3.     Effective on the first pay date that occurs on or after October 16 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 2%, not to exceed an annualized increase of $1,000.

4.     With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 2% increase, effective on the first pay period of or after October 16 of the current fiscal year.

5.     Effective on the first pay date that occurs on or after October 16 of the current fiscal year, the Chief Justice and other judicial officers shall receive a base pay increase of $1,000./

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

RECORD FOR NOT VOTING

As a part-time employee of the University of South Carolina, I did not vote on Amendment No. 155 of Section 17 in H. 4600.

Rep. MARGARET J. GAMBLE

RECORD FOR VOTING

I voted in favor of the 2% pay increase for state employees which was taken as a voice vote.

Rep. MOLLY M. SPEARMAN

Rep. HARRY R. ASKINS

Rep. H. BROWN proposed the following Amendment No. 156 (Doc Name P:\amend\DC.3), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17C, B&C Bd-Budget & Analyses, page 420, Paragraph 20, line 14 by striking /paragraph 20/ in its entirety and inserting the following:

/17C.20 Effective on the first pay date that occurs on or after October 16, of the current fiscal year, judicial employees shall receive base pay increases in the following manner:

A.     For those Judicial Department employees whose annualized salary is equal to or less than $50,000, funding shall be provided to award an annual average 2% increase./

B.     For those Judicial Department employees whose annualized salary is greater than $50,000, funding shall be provided to award an annualized increase of $1,000.

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 57--TABLED

Debate was resumed on Amendment No. 57, which was proposed on Monday, February 26, by Rep. SHEHEEN.

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

Section 17C as amended was adopted.

SECTION 18A--AMENDED AND ADOPTED

Debate was resumed on Section 18A.

Rep. HARRISON proposed the following Amendment No. 74 (Doc Name P:\amend\tmr.8), which was adopted.

Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, page 427, Paragraph 22, lines 2--3, by striking:

/when a female leadership program has been approved as in compliance with the federal district court order/

Amend further, Part IB, Section 18A, Commission on Higher Education, page 427, Paragraph 22, line 7, by adding at the end:

/In the event the United States Supreme Court renders a decision which prohibits a state from funding any single--gender educational program, then any unspent funds appropriated herein will revert to the State General Fund./

Amend further, Part IB, Section, Section 18A, Commission on Higher Education, Page 427, Paragraph 22, Line 4 by inserting after word /College/ the following:

/by the Citadel on a quarterly basis/

Renumber sections & amend totals/title to conform.

Rep. HARRISON explained the amendment.

The amendment was then adopted.

Rep. HALLMAN proposed the following Amendment No. 118 (Doc Name P:\amend\tmr.17), which was adopted.

Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, page 427, Paragraph 24, after line 38, by inserting:

/(6) Notwithstanding the provisions of Section (4) of this paragraph, in instances where the equal division of the appropriated funds between need-based grants and the Palmetto Fellows Program exceeds the capacity to make awards in either program, the Commission on Higher Education has the authority to re-allocate the remaining funds between the two programs until these programs are fully implemented in FY 2000-2001, after which an equal division between the two programs as described in (4) above shall be maintained./

Renumber sections & amend totals/title to conform.

Rep. HALLMAN explained the amendment.

The amendment was then adopted.

Rep. STUART proposed the following Amendment No. 149 (Doc Name P:\amend\tr.65), which was adopted.

Amend the bill, as and if amended, Part IB, Section 18A, Commission of Higher Education, page 427, after line 38, by adding /(6) A renewal applicant must have maintained a minimum cumulative grade point average of 2.5 on a 4.0 scale and have earned the equivalent of 12 credit hours for each term an award was received during the academic year. Eligibility for renewal is determined at the end of the second semester or third quarter of each academic year./

Renumber sections & amend totals/title to conform.

Rep. STUART explained the amendment.

The amendment was then adopted.

Reps. SIMRILL, MEACHAM and VAUGHN proposed the following Amendment No. 76 (Doc Name P:\amend\ff.6), which was tabled.

Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Education, page 427, Paragraph 23, line 9 by striking /$130,000/ and inserting /$230,000/

Amend the bill further, as and if amended, Part IB, Section 18A, Commission on Higher Education, page 427, Paragraph 23, line 9, by striking:

/$100,000 to Benedict College, and $100,000 to Voorhees College/

Renumber sections & amend totals/title to conform.

Rep. SIMRILL explained the amendment.

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

Section 18A as amended was adopted.

SECTION 18N--ADOPTED

Debate was resumed on Section 18N.

Section 18N was adopted.

SECTION 19--AMENDED AND ADOPTED

Debate was resumed on Section 19.

Reps. D. SMITH, H. BROWN, FULMER, ROBINSON and LIMBAUGH proposed the following Amendment No. 153 (Doc Name P:\amend\cj.75), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 436, line 9, by adding an appropriately numbered paragraph to read:

/A committee to study the benefits and fiscal impact of providing five year old kindergarten in both a full day and one-half a day setting is established. The study should include national as well as local research.

1. The committee shall be composed of nine members. Three members of the committee shall be appointed by the Speaker of the House, the President Pro Tempore of the Senate and the Governor. The Committee shall be non-legislative and of the appointments made, one member must be appointed to represent each of the following: the education community, the business community, and the parent community. The members of the committee shall receive the usual mileage and subsistence allowed by law to members of the General Assembly.

2. The committee shall be provided staff from the House of Representatives, the Senate and the Governor's Office. The State Department of Education shall cooperate fully with the committee including providing staff support and other in-kind resources as requested by the committee.

3. The committee shall conclude its work and issue its final report by December 1, 1996. The final report shall be submitted to the General Assembly and upon submission of its final report shall be dissolved./

Renumber sections & amend totals/title to conform.

Rep. D. SMITH explained the amendment.

The amendment was then adopted.

Section 19 as amended was adopted.

PART IA
SECTION 3B--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 3B was adopted was taken up and agreed to.

Reps. MARCHBANKS and CARNELL proposed the following Amendment No. 162 (Doc Name P:\amend\dc.81), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3B, House of Representatives, page 10, Line 22, by striking /Bond Review/ and inserting /Capital Projects Oversight/

Amend the bill further, as and if amended, Part IA, Section 3B, page 10, Line 23, Opposite /Unclass. Leg. Misc./ by increasing the amounts in columns 5 and 6 by:

column (5)     column (6)

43,094     43,094

Amend the bill further, as and if amended, Part 1A, Section 3B, page 10, Line 24, by increasing the FTE's in columns 5 and 6 by:

Column (5)     Column (6)

(1.00)     (1.00)

Amend the bill further, as and if amended, Part 1A, Section 3B, page 10, line 25, opposite /Unclass. Leg. Misc(TP)/ by increasing the amounts in column 5 and 6 by:

column (5)     column (6)

6,000     6,000

Renumber sections and amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 60--RECONSIDERED AND TABLED

The motion of Rep. FELDER to reconsider the vote whereby Amendment No. 60 was adopted was taken up and agreed to.

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

Reps. P. HARRIS, WALDROP, NEILSON, RHOAD and SHISSIAS proposed the following Amendment No. 147 (Doc Name P:\amend\PFM\8032AC.96), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3B, Legislative Dept - House of Representatives, page 0011, lines 23 and 24, by inserting an appropriately lettered item to read:

/( )     AGING, UNCLASS. LEG. MISC (P)/ and in columns (5) and (6) insert:

/61,293

(2.00)/.

Renumber sections & amend totals/title to conform.

Rep. P. HARRIS explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. SHISSIAS spoke in favor of the amendment.

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

Yeas 46; Nays 68

Those who voted in the affirmative are:

Allison                Brown, H.              Cain
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Davenport
Easterday              Fleming                Fulmer
Hallman                Harrell                Harrison
Haskins                Herdklotz              Jaskwhich
Kelley                 Kirsh                  Klauber
Koon                   Law                    Littlejohn
Loftis                 Marchbanks             Mason
Meacham                Quinn                  Rice
Robinson               Sandifer               Seithel
Sharpe                 Smith, R.              Stille
Tripp                  Trotter                Vaughn
Walker                 Wells                  Wilkins
Witherspoon            Wofford                Young
Young-Brickell

Total--46

Those who voted in the negative are:

Anderson               Askins                 Bailey
Breeland               Brown, J.              Brown, T.
Byrd                   Canty                  Carnell
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Felder
Gamble                 Govan                  Harris, J.
Harris, P.             Harvin                 Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Kennedy
Keyserling             Kinon                  Knotts
Lanford                Lee                    Limehouse
Lloyd                  Martin                 McAbee
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Riser                  Rogers
Scott                  Sheheen                Shissias
Simrill                Spearman               Stoddard
Stuart                 Thomas                 Townsend
Tucker                 Waldrop                Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams
Worley                 Wright

Total--68

So, the House refused to table the amendment.

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

Section 3B as amended was adopted.

PART IB
SECTION 19A--AMENDED AND ADOPTED

Debate was resumed on Section 19A.

Reps. RICE and MARCHBANKS proposed the following Amendment No. 99 (Doc Name P:\amend\ta.4), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, page 442, line 33, by adding an appropriately numbered paragraph to read:

/Of the general funds appropriated to the Department of Education, $25,000 shall be provided to the Pickens County School District for a pilot project to teach the Lovaas method to autistic children in the Pickens County School District during the 1996/1997 school year. The purpose of this pilot is to help mainstream these children back into the classroom and to reduce or eliminate future long term care costs. These funds are located in Part IA, Section 19A, Program X.A. (Alloc EIA-Hndcap Std Srvc./

Renumber sections & amend totals/title to conform.

Rep. HALLMAN explained the amendment.

The amendment was then adopted.

Reps. McTEER and HODGES proposed the following Amendment No. 139 (Doc Name P:\amend\cj.13), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education - EIA, page 442, Paragraph 55, line 26 by striking line(s) /(SDE-EIA: Local School Innovation Fund) The funds provided for the Local School Innovation Fund, shall be/ through /with the South Carolina School Accountability Act of 1996./ and inserting the following:

/The funds provided for by the Local School Innovation Fund shall be distributed to the Districts in accordance with the Education Finance Act Formula/

Renumber sections & amend totals/title to conform.

Rep. McTEER explained the amendment.

Rep. WELLS moved to table the amendment.

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

Yeas 64; Nays 52

Those who voted in the affirmative are:

Allison                Brown, H.              Cain
Carnell                Cato                   Chamblee
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harrison               Herdklotz
Jaskwhich              Keegan                 Kelley
Keyserling             Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             Martin
Mason                  McAbee                 McKay
Quinn                  Rice                   Richardson
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Shissias
Smith, D.              Smith, R.              Spearman
Stuart                 Thomas                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell

Total--64

Those who voted in the negative are:

Anderson               Askins                 Bailey
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cave
Clyburn                Cobb-Hunter            Cromer
Delleney               Elliott                Govan
Harris, J.             Harris, P.             Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kinon                  Kirsh
Lee                    Lloyd                  McCraw
McElveen               McMahand               McTeer
Meacham                Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rogers                 Scott                  Sheheen
Simrill                Stille                 Stoddard
Tucker                 Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Williams

Total--52

So, the amendment was tabled.

Rep. WHITE proposed the following Amendment No. 165 (Doc Name P:\amend\cj.90), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, page 442, Paragraph 51, lines 15 and 16, by reinserting:

/$200,000 must be used for the Child Abuse Awareness and Prevention Project at Winthrop University and/

Renumber sections & amend totals/title to conform.

Rep. WHITE explained the amendment.

Rep. HARRELL spoke against the amendment.

Reps. WILKES and COBB-HUNTER spoke in favor of the amendment.

Rep. WELLS spoke against the amendment.

Reps. MOODY-LAWRENCE and SHISSIAS spoke in favor of the amendment.

Rep. WELLS moved to table the amendment.

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

Yeas 50; Nays 66

Those who voted in the affirmative are:

Allison                Brown, H.              Cain
Cato                   Cooper                 Cotty
Dantzler               Easterday              Fleming
Fulmer                 Hallman                Harrell
Haskins                Herdklotz              Jaskwhich
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Loftis                 Marchbanks
Mason                  McKay                  Rice
Riser                  Robinson               Sandifer
Seithel                Smith, D.              Smith, R.
Stille                 Tripp                  Trotter
Vaughn                 Waldrop                Walker
Wells                  Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--50

Those who voted in the negative are:

Anderson               Askins                 Bailey
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Carnell
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Elliott
Felder                 Gamble                 Govan
Harris, J.             Harris, P.             Harrison
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Kirsh                  Lee
Lloyd                  Martin                 McAbee
McCraw                 McElveen               McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Richardson
Rogers                 Scott                  Sharpe
Sheheen                Shissias               Simrill
Spearman               Stoddard               Stuart
Thomas                 Tucker                 Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams

Total--66

So, the House refused to table the amendment.

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

Reps. ROGERS, McTEER & HODGES proposed the following Amendment No. 137 (Doc Name P:\amend\cj.77), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, page 442, Paragraph 55, line 26, by striking:

/Proviso 55.(SDE: EIA: Local School Innovation Fund) in its entirety/

Amend the bill further, as and if amended, Part 1B, Section 19A, Department of Education, page 442, line 33, by adding an appropriately numbered paragraph to read:

/Funds allocated for the local school innovation fund shall be distributed to the EIA programs in the same manner and amount as provided for in FY 95-96/

Renumber sections & amend totals/title to conform.

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

Rep. HARRELL proposed the following Amendment No. 136 (Doc Name P:\amend\cj.82), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, page 442, line 27 and 28, by striking:

/In accordance with the South Carolina School Acct. Act of 1996/

Amend the bill further, as and if amended, Part 1B, Section 19A, Department of Education, page 442, Line 27 and 28, by inserting: for innovative techniques to promote learning./

Renumber sections & amend totals/title to conform.

Rep. HARRELL explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. HARRELL spoke in favor of the amendment.

Rep. McTEER moved to table the amendment, which was agreed to by a division vote of 46 to 44.

Rep. HARRELL proposed the following Amendment No. 168 (Doc Name P:\amend\cj1.82), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, page 442, line 27 and 28, by striking:

/In accordance with the South Carolina School Acct. Act of 1996/

Renumber sections & amend totals/title to conform.

Rep. HARRELL explained the amendment.

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

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

Yeas 40; Nays 73

Those who voted in the affirmative are:

Anderson               Breeland               Brown, J.
Brown, T.              Byrd                   Canty
Carnell                Cobb-Hunter            Delleney
Govan                  Harris, P.             Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kirsh                  Lloyd
Loftis                 McAbee                 McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Rogers
Scott                  Sheheen                Stoddard
Tucker                 Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Williams

Total--40

Those who voted in the negative are:

Allison                Askins                 Bailey
Brown, H.              Cain                   Cato
Chamblee               Cooper                 Cotty
Cromer                 Dantzler               Easterday
Felder                 Fleming                Fulmer
Gamble                 Hallman                Harrell
Harris, J.             Harrison               Haskins
Herdklotz              Jaskwhich              Keegan
Kelley                 Keyserling             Kinon
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Marchbanks
Martin                 Mason                  McKay
Meacham                Neilson                Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Thomas                 Townsend               Tripp
Trotter                Vaughn                 Waldrop
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell

Total--73

So, the House refused to table the amendment.

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

RECORD FOR VOTING

I voted against Amendment 168 because the Education portion of the budget further skews the inequity problem. Section 19A-28 which distributed money based on the EFA formula was stricken, while Amendment 168 distributes the new Local School Innovation Fund based on a weighted pupil unit basis.

Rep. DOUGLAS E. McTEER, JR.

Rep. McTEER proposed the following Amendment No. 169 (Doc Name P:\amend\cj.21), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education - EIA, page 442, Paragraph 55, line 27, by inserting after "school districts":

/one-half/

and inserting after "basis and":

/one-half on the EFA formula/

Amend the bill further, as and if amended, Part IB, Section 19A, Department of Education - EIA, page 442, Paragraph 55, lines 27 & 28, by striking:

/in accordance with the South Carolina School Accountability Act of 1996/

Renumber sections & amend totals/title to conform.

Rep. McTEER explained the amendment.

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

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

Yeas 65; Nays 45

Those who voted in the affirmative are:

Allison                Anderson               Brown, H.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Cromer
Dantzler               Easterday              Felder
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harrison
Haskins                Herdklotz              Jaskwhich
Keegan                 Kelley                 Keyserling
Klauber                Knotts                 Koon
Lanford                Law                    Lee
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             Mason
Neilson                Quinn                  Rice
Richardson             Riser                  Robinson
Sandifer               Seithel                Sharpe
Shissias               Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Thomas                 Tripp                  Trotter
Vaughn                 Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--65

Those who voted in the negative are:

Askins                 Bailey                 Breeland
Brown, J.              Brown, T.              Byrd
Canty                  Carnell                Cave
Clyburn                Cobb-Hunter            Delleney
Govan                  Harris, J.             Harris, P.
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Kinon
Kirsh                  Lloyd                  McAbee
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Phillips               Rogers                 Scott
Sheheen                Stoddard               Waldrop
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams

Total--45

So, the amendment was tabled.

Section 19A as amended was adopted.

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

Further proceedings were interrupted by the House receding, the pending question being consideration of Section 34, Part IB.

THE HOUSE RESUMES

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

POINT OF QUORUM

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

H. 4600--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 34, Part IB.

H. 4600
GENERAL APPROPRIATION BILL
PART IB
SECTION 34--AMENDED AND ADOPTED

Debate was resumed on Section 34.

Rep. SHEHEEN proposed the following Amendment No. 145 (Doc Name P:\amend\dc.65), which was tabled.

Amend the bill, as and if amended, Part IB, Section 34, Department of Public Safety, page 462, Paragraph 8, lines 34 through 36, by striking:

/proviso 34.8 (DPS: Expenditures Limit) in its entirety/

Renumber sections & amend totals/title to conform.

Rep. SHEHEEN explained the amendment.

Rep. QUINN spoke against the amendment.

Rep. SHEHEEN spoke in favor of the amendment.

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

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

Yeas 60; Nays 41

Those who voted in the affirmative are:

Allison                Askins                 Brown, H.
Cain                   Carnell                Cato
Chamblee               Cooper                 Dantzler
Easterday              Felder                 Fleming
Gamble                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Jaskwhich              Keegan                 Kelley
Kinon                  Klauber                Knotts
Koon                   Law                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Mason                  McAbee
Meacham                Quinn                  Rice
Richardson             Riser                  Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Spearman
Thomas                 Townsend               Tripp
Trotter                Vaughn                 Waldrop
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Young                  Young-Brickell

Total--60

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, J.              Brown, T.              Canty
Cave                   Clyburn                Cromer
Delleney               Govan                  Harris, J.
Harris, P.             Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Keyserling             Kirsh                  Lee
Lloyd                  McCraw                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Rogers                 Scott
Sheheen                Shissias               Stille
Stoddard               Tucker                 Whipper, L.
Wilder                 Wilkes

Total--41

So, the amendment was tabled.

LEAVE OF ABSENCE

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

Rep. G. BROWN proposed the following Amendment No. 78 (Doc Name P:\amend\dc.60), which was adopted.

Amend the bill, as and if amended, Part IB, Section 34, Dept. of Public Safety, page 462, line 37, by adding an appropriately numbered paragraph to read:

/From the funds appropriated in Part 1A, Section 34 to the Department of Public Safety, it is the intent of the General Assembly that the Division of Motor Vehicle in each county should have a local telephone number that is published/

Renumber sections & amend totals/title to conform.

Rep. G. BROWN explained the amendment.

The amendment was then adopted.

Section 34 as amended was adopted.

SECTION 50--AMENDED AND ADOPTED

Debate was resumed on Section 50.

Rep. CLYBURN proposed the following Amendment No. 102 (Doc Name P:\amend\bs.8), which was adopted.

Amend the bill, as and if amended, Part IB, Section 50, Department of Commerce, page 473, Paragraph 2, line 14, by inserting between "on" and "university":

/industry and/

Amend further, as and if amended, Part IB, Section 50, Department of Commerce, page 473, Paragraph 2, line 17, by inserting at the end:

/to include all industries/

Renumber sections & amend totals/title to conform.

Rep. CLYBURN explained the amendment.

The amendment was then adopted.

Reps. NEAL, COBB-HUNTER, McELVEEN, HODGES, GOVAN, ROGERS, McTEER, WHITE, SCOTT, HOWARD, MOODY-LAWRENCE and KENNEDY proposed the following Amendment No. 111 (Doc Name P:\amend\bs.15), which was tabled.

Amend the bill, as and if amended, Part IB, Section 50, Department of Commerce, page 0474, line 40, by adding an appropriately numbered paragraph to read:

/(CMRC: Small Business Development) The Department of Commerce shall designate a minimum of 25% of all state funds appropriated to the Department of Commerce for total economic development set aside, Section 50 line 7, page 347 and shall be used to assist new and existing small businesses with expansion and enhancements to the business. A small business shall be defined as any business employing less than 100 people./

The Commerce Department shall provide a report by January 1, 1997 to the General Assembly on the methodology to be used in identifying, targeting and assisting small business.

Renumber sections & amend totals/title to conform.

Rep. NEAL explained the amendment.

Rep. KOON spoke against the amendment.

Rep. NEAL spoke in favor of the amendment.

Rep. KOON moved to table the amendment.

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

Yeas 57; Nays 51

Those who voted in the affirmative are:

Allison                Boan                   Brown, H.
Cain                   Carnell                Cato
Chamblee               Cooper                 Cotty
Dantzler               Delleney               Easterday
Felder                 Fleming                Fulmer
Gamble                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Jaskwhich              Keegan                 Kelley
Klauber                Koon                   Law
Limbaugh               Limehouse              Marchbanks
Mason                  McAbee                 McCraw
McKay                  Meacham                Quinn
Rice                   Riser                  Robinson
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Tripp                  Trotter                Vaughn
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young-Brickell

Total--57

Those who voted in the negative are:

Anderson               Askins                 Bailey
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Canty
Cave                   Clyburn                Cobb-Hunter
Cromer                 Davenport              Govan
Harris, J.             Harris, P.             Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Kennedy                Keyserling
Kinon                  Kirsh                  Lee
Littlejohn             Lloyd                  McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Richardson             Scott
Sheheen                Shissias               Spearman
Stille                 Stoddard               Thomas
Tucker                 Waldrop                Whipper, L.
White                  Wilder                 Williams

Total--51

So, the amendment was tabled.

Reps. NEAL, MOODY-LAWRENCE, CAVE, COBB-HUNTER, McELVEEN, HODGES, ROGERS, RICHARDSON, KEYSERLING, WHITE and SHISSIAS proposed the following Amendment No. 130 (Doc Name P:\amend\bs.7), which was tabled.

Amend the bill, as and if amended, Part IB, Section 50, Department of Commerce, page 474, after line 40, by adding an appropriately numbered paragraph to read:

/(CMRC: Underdeveloped Counties Small Business Aid) Of the funds designated to assist small businesses, which constitute 25% of all State funds appropriated to the Department of Commerce for total economic development set-aside, Section 50, Line 7, Page 347, the Department shall develop and apply criteria to aid small businesses in the counties that are underdeveloped counties./

Renumber sections & amend totals/title to conform.

Rep. NEAL explained the amendment.

Rep. H. BROWN spoke against the amendment.

Rep. McELVEEN spoke in favor of the amendment.

Rep. H. BROWN moved to table the amendment.

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

Yeas 61; Nays 47

Those who voted in the affirmative are:

Allison                Bailey                 Brown, H.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Dantzler
Easterday              Felder                 Fulmer
Gamble                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Law
Limbaugh               Limehouse              Loftis
Marchbanks             Mason                  McCraw
McKay                  Meacham                Quinn
Rice                   Richardson             Riser
Robinson               Sandifer               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Spearman               Thomas
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell

Total--61

Those who voted in the negative are:

Anderson               Askins                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Cromer
Davenport              Delleney               Fleming
Govan                  Harris, J.             Harris, P.
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Kennedy
Keyserling             Kinon                  Kirsh
Lee                    Littlejohn             Lloyd
McAbee                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Phillips               Scott                  Sheheen
Shissias               Stille                 Stoddard
Stuart                 Whipper, L.            White
Wilder                 Wilkes

Total--47

So, the amendment was tabled.

Rep. HODGES proposed the following Amendment No. 163 (Doc Name P:\amend\bs.20), which was tabled.

Amend the bill, as and if amended, Part IB, Section 50, Department of Commerce, page 474, after line 40, by adding an appropriately numbered paragraph to read:

/The Department of Commerce is directed to conduct a study, with current available funds, which examines the causes of wage disparity in South Carolina and the decline in real manufacturing wages. The study shall also include recommended strategies to address the report findings. The study shall be submitted to the General Assembly by January 15, 1997./

Renumber sections & amend totals/title to conform.

Rep. HODGES explained the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 61; Nays 48

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Brown, H.              Cain                   Carnell
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Easterday
Fulmer                 Gamble                 Hallman
Harrell                Harrison               Herdklotz
Jaskwhich              Keegan                 Kelley
Kinon                  Klauber                Knotts
Koon                   Law                    Limbaugh
Limehouse              Loftis                 Marchbanks
Mason                  McAbee                 McCraw
McKay                  Meacham                Quinn
Rice                   Riser                  Robinson
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Thomas                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young-Brickell

Total--61

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, T.              Byrd                   Canty
Cave                   Clyburn                Cobb-Hunter
Cromer                 Davenport              Delleney
Govan                  Harris, J.             Harris, P.
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Jennings
Kennedy                Keyserling             Kirsh
Lee                    Littlejohn             Lloyd
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Phillips
Rhoad                  Richardson             Scott
Sheheen                Shissias               Stille
Stoddard               Stuart                 Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Williams               Young

Total--48

So, the amendment was tabled.

Reps. McELVEEN and KEYSERLING proposed the following Amendment No. 173 (Doc Name P:\amend\bs.3), which was tabled.

Amend the bill, as and if amended, Part IB, Section 50, Department of Commerce, page 474, after line 40, by adding an appropriately numbered paragraph to read:

/(CMRC: Reporting Economic Development Projects) By November 1 of each year, the Department of Commerce must report to the General Assembly on economic development projects completed within the immediately preceding five fiscal years. The report must not include any pending projects. The report must include but is not limited to the following information:

(1) a cost/benefit analysis which compares the actual and projected economic benefit of the projects to the cost of the incentives for those projects. A separate analysis must be conducted for each major economic development project. The cost/benefit analysis must differentiate between expansion of existing businesses and new businesses and between actual and projected economic benefits.

(2) The actual fiscal and employment benefit realized from economic development projects compared to projections of those benefits as announced, certified or estimated by the Department.

(3) The annual and cumulative five year total of state and local funds expended as incentives to economic development projects. Expenditures must include reduction in revenue in addition to actual expenditures of funds.

(4) A summary of the Department's expenditures during the preceding fiscal year and the actual and projected benefits resulting from those expenditures.

(5) A special section which reports the impact of the state's economic development efforts in moderate and less developed counties and compares it to such efforts in the remaining counties. In the initial report, this section must include a plan to assure that economic growth is reasonably distributed throughout the state. Subsequent reports must contain an evaluation of the plan and recommendations for achieving and maintaining a reasonable distribution of economic development./

Renumber sections & amend totals/title to conform.

Rep. McELVEEN explained the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 64; Nays 43

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Brown, H.              Cain                   Carnell
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Easterday
Felder                 Fleming                Fulmer
Gamble                 Hallman                Harrell
Harris, J.             Harris, P.             Herdklotz
Jennings               Keegan                 Kelley
Kinon                  Klauber                Knotts
Koon                   Lanford                Limbaugh
Limehouse              Loftis                 Marchbanks
Mason                  McAbee                 McCraw
McKay                  Meacham                Quinn
Rice                   Richardson             Riser
Robinson               Sandifer               Seithel
Sharpe                 Smith, R.              Spearman
Stuart                 Thomas                 Tripp
Trotter                Tucker                 Waldrop
Walker                 Wells                  Whatley
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young-Brickell

Total--64

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Canty                  Cave                   Clyburn
Cobb-Hunter            Cromer                 Davenport
Delleney               Govan                  Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Kennedy                Keyserling
Kirsh                  Lee                    Littlejohn
Lloyd                  McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Phillips               Rhoad                  Scott
Shissias               Simrill                Stoddard
Townsend               Whipper, L.            Whipper, S.
White                  Wilder                 Williams
Young

Total--43

So, the amendment was tabled.

Section 50 as amended was adopted.

SECTION 65--ADOPTED

Debate was resumed on Section 65.

Section 65 was adopted.

SECTION 72--AMENDED AND ADOPTED

Debate was resumed on Section 72.

Reps. CROMER and HODGES proposed the following Amendment No. 95 (Doc Name P:\amend\tmr.12), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 496, Paragraph 42, line 23 by striking /an appropriate/ and inserting /the highest ranking/

Amend the bill further, as and if amended, Part IB, Section 72, General and Temporary, page 496, Paragraph 42, after line 37, by inserting:

/The Ethics Commission is authorized to make investigations of state agency records relating to these reporting requirements. Officials violating the 48 hour reporting requirement in this paragraph are subject to a non-suspendable $100 fine./

Renumber sections & amend totals/title to conform.

Rep. CROMER explained the amendment.

POINT OF ORDER

Rep. TOWNSEND raised the Point of Order that Amendment No. 95 was out of order as it was not germane.

The SPEAKER stated that it did not relate to any revenues in Part I and he sustained the Point of Order and ruled the amendment out of order.

Rep. KIRSH proposed the following Amendment No. 9 (Doc Name P:\amend\tr.13), which was adopted.

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 501, by adding an appropriately numbered paragraph to read:

/Any state agency receiving funding in this Act and any higher education institution, including 4 year institutions, 2 year institutions, and technical colleges, that operates an early childhood development center or day care facility shall charge, at a minimum, fees that are comparable to those charged by private day care facilities in the local community. The institution or agency shall not restrict enrollment in the center solely to the children of faculty, staff, and students of the institution; nor shall fees be set at a lower level for faculty, staff, or students of the institution or agency./

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

ACTING SPEAKER HARRISON IN CHAIR

Rep. KIRSH continued speaking.

SPEAKER IN CHAIR

Rep. KIRSH continued speaking.

The amendment was then adopted.

Rep. H. BROWN proposed the following Amendment No. 178 (Doc Name P:\amend\jl.92), which was adopted.

Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 501, by adding an appropriately numbered paragraph to read:

/Directing the Budget & Control Board, based on an estimate of available revenue by the Department of Public Safety to establish the appropriate number of positions for a new trooper class/

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

The amendment was then adopted.

Reps. HODGES and CROMER proposed the following Amendment No. 187 (Doc Name P:\amend\bj1.3), which was tabled.

Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 501, line 11, by adding an appropriately numbered paragraph to read:

/No public funds appropriated or authorized in the General Appropriations Act or otherwise made available to any state agency headed by an elected official or any legislative body headed by an elected official shall be used to employ or contract for services with an individual, corporation, or firm which has public relations or communications as its primary purpose. This section shall not apply to the Department of Parks, Recreation & Tourism or the Department of Commerce. This shall not preclude the use of advertising or production services for public service announcements./

Renumber sections & amend totals/title to conform.

Rep. HODGES explained the amendment.

Rep. HALLMAN moved to table the amendment.

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

Yeas 73; Nays 29

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Boan                   Brown, H.              Cain
Carnell                Cato                   Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Felder
Fleming                Gamble                 Hallman
Harrell                Harris, J.             Harrison
Herdklotz              Jaskwhich              Keegan
Kelley                 Kinon                  Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Lee
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             Mason
McAbee                 McKay                  McMahand
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Sandifer               Seithel                Sharpe
Shissias               Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Thomas                 Tripp                  Trotter
Vaughn                 Waldrop                Walker
Wells                  Whipper, L.            Whipper, S.
Wilkes                 Wilkins                Witherspoon
Wofford                Worley                 Young
Young-Brickell

Total--73

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Clyburn                Cobb-Hunter            Cromer
Harris, P.             Harvin                 Hines, M.
Hodges                 Howard                 Kennedy
Lloyd                  Martin                 McElveen
McTeer                 Meacham                Moody-Lawrence
Neal                   Scott                  Sheheen
Simrill                Stoddard               Tucker
White                  Wilder

Total--29

So, the amendment was tabled.

RECORD FOR VOTING

I inadvertently pushed the red button and meant to push the green button to table the amendment.

Rep. THEODORE A. BROWN

Rep. McELVEEN proposed the following Amendment No. 174 (Doc Name P:\amend\WM.20), which was adopted.

Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 501, line 11, by adding an appropriately numbered paragraph to read:

/Monies appropriated for the purpose of implementing the Family Independence Act of 1995 and used to hire persons or procure services for employment training purposes shall be reported to the Budget & Control Board to ensure duplication of services does not occur./

Renumber sections & amend totals/title to conform.

Rep. McELVEEN explained the amendment.

The amendment was then adopted.

Rep. NEILSON proposed the following Amendment No. 98 (Doc Name P:\amend\ta.11), which was tabled.

Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 501, line 11, by adding an appropriately numbered paragraph to read:

/Within the funds appropriated herein, the Department of Health & Human Services, in conjunction with the Department of Social Services, shall review how many children of AFDC recipients are being placed in unregulated childcare arrangements. DHHS and DSS shall submit a report to the General Assembly by January 15th, 1997, which shall make recommendations for serving AFDC recipients' children in regulated childcare to help improve the positive development of these children./

Renumber sections & amend totals/title to conform.

Rep. NEILSON explained the amendment and moved to table the amendment, which was agreed to.

Rep. NEILSON proposed the following Amendment No. 191 (Doc Name P:\amend\ta.11), which was adopted.

Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 501, line 11, by adding an appropriately numbered paragraph to read:

/Within the funds appropriated herein, the Department of Health & Human Services, in conjunction with the Department of Social Services, shall review how many children of AFDC recipients who receive public funds for childcare are being placed in unregulated childcare arrangements. DHHS and DSS shall submit a report to the General Assembly by January 15th, 1997, which shall make recommendations for serving AFDC recipients' children in regulated childcare systems to help improve the positive development of these children./

Renumber sections & amend totals/title to conform.

Section 72 as amended was adopted.

PART II
SECTION 1

Section 1 was adopted.

SECTION 2

Rep. H. BROWN explained the section.

Section 2 was adopted.

SECTION 3

Section 3 was adopted.

LEAVES OF ABSENCE

The SPEAKER granted Rep. WRIGHT a leave of absence.

The SPEAKER granted Reps. CANTY and JENNINGS a leave of absence.

SECTION 4--ADOPTED

Reps. KEYSERLING and HALLMAN proposed the following Amendment No. 192 (Doc Name P:\amend\GJK\22418SD.96), which was tabled.

Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 4, by striking subsection (A) of Section 48-48-140 of the 1976 Code, which begins on line 42 of page 502, and inserting:

"(A)     There is imposed a tax on each shipment of low-level radioactive waste disposed of in this State of two hundred thirty-five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State or three hundred ninety-two dollars a curie on each curie, whichever is greater. The revenues resulting from the provisions of this section must be used for the South Carolina Children's Education Educational Assistance Endowment Fund as reflected in appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter provided, except as provided in subsection (C), the purposes of which are provided by Section 59-143-10 and by the 1996-97 general appropriations act."/

Renumber sections & amend totals/title to conform.

Rep. KEYSERLING explained the amendment.

POINTS OF ORDER

Rep. SHEHEEN raised the Point of Order that Section 4 was out of order as it was not germane.

The SPEAKER stated that it related to the funds appropriated in Higher Education.

Rep. SHEHEEN inquired where it was appropriated in Higher Education and what line item did it refer to in Part I.

The SPEAKER stated that it referred to Page 93, Line 2.

Rep. SHEHEEN stated that it was just total funds there and no state funds.

The SPEAKER stated that it had to tie back to an appropriation of revenue in Part I.

Rep. SHEHEEN stated that there was no appropriation of revenue in Part I which related to this.

The SPEAKER cited Section 1A on Page 393 of Part IB, Line 35.

Rep. SHEHEEN stated that it still did not relate to a line item in Part I. He further stated that the $30 million would have to be in separate legislation and an endowment fund. He further stated that it was kept in a separate fund under last year's appropriations bill.

Rep. FELDER stated that it just simply changed the name of the fund.

Rep. SHEHEEN stated that the funds were earmarked in 1995-96 and this bill dealt with 1996-97.

Rep. FELDER stated there had been plenty of trust funds set up and then the General Assembly would come back the following year and appropriate money and decide where it would go and that there was precedent on that.

Rep. QUINN stated that Rule 5.3 stated that unless it related directly with an appropriation being made or revenue provided therein for the fiscal year referred to in the Bill and the money was referred to in the Bill in the education part and in highways.

The SPEAKER stated that there was money appropriated in Part I that related directly to this Part II proviso and it was on Page 93, but Rep. SHEHEEN had stated that it was not state funds.

Rep. QUINN stated that state funds were not referred to in Rule 5.3.

The SPEAKER stated that this was similar to EIA funds and highway funds that have special accounts.

Rep. SHEHEEN stated that in education it was rolled up and he could not tell, but that in highway fund money, it was not appropriated so there was no control over it.

The SPEAKER stated that there was a specific line item in Part I that this applied to and it directly affected those revenues. He further stated that under Rule 5.3 there was a proviso section in Part II that directly related to revenues and a line item in Part I and that it was germane and he overruled the Point of Order.

Rep. SHEHEEN further raised the Point of Order about the $30 million being in this year's budget or in Part I, Section 10 of the 1995-96 Appropriations Bill. He further stated that it would not be germane in that it affected another fiscal year and would not be germane to the title of the Bill.

Rep. HASKINS stated that the funds were going to be spent in this 1996-97 Appropriations Bill and that it was not spent during the 1995-96 year, only collected then. He further stated that Section 4 dictated how the funds were to be collected during the 1996-97 year.

Rep. SHEHEEN stated that it was collected in the 1995-96 year which ended June 30. He further stated that there needed to be a supplemental bill to spend the funds or a separate piece of legislation to spend funds generated in that year because there was no anti-lapse provision on the funds.

Rep. HASKINS stated that it was not necessary for an anti-lapse provision because they were not appropriated in that year and that the 1995-96 year will end this June 30.

The SPEAKER cited Line 36 on Page 503 which states for purposes of the allocation.

Rep. FELDER stated the line stated for purposes of the allocation to the Higher Education Scholarship Grants, the Budget and Control Board shall release a minimum of $10 million annually beginning with the 1996-97 fiscal year.

Rep. SHEHEEN stated that those were monies collected in the 1995-96 year and that it would be replaced with monies collected this year. He further stated that Rep. FELDER was referring to the release of money, not money collected in the 1996-97 year.

Rep. HASKINS stated that the Rules stated that it must directly relate to an appropriation being made or revenue provided. He further stated that revenue provided may come in one year and be appropriated the next year.

The SPEAKER stated that it was an appropriation under Rule 5.3 during the 1996-97 fiscal year and he overruled the Point of Order.

Rep. KEYSERLING spoke in favor of the amendment.

Rep. CAVE moved to table the amendment.

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

Yeas 64; Nays 47

Those who voted in the affirmative are:

Allison                Askins                 Boan
Brown, H.              Brown, T.              Cain
Carnell                Cato                   Cave
Clyburn                Cooper                 Cotty
Dantzler               Davenport              Easterday
Felder                 Fleming                Gamble
Govan                  Harrell                Harvin
Haskins                Herdklotz              Jaskwhich
Jennings               Kelley                 Kennedy
Kinon                  Klauber                Koon
Law                    Limbaugh               Littlejohn
Loftis                 Marchbanks             Mason
McAbee                 McCraw                 McKay
Meacham                Quinn                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, R.              Spearman
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Waldrop
Walker                 White                  Wilkes
Wilkins                Witherspoon            Wofford
Young-Brickell

Total--64

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, J.              Byrd                   Chamblee
Cobb-Hunter            Cromer                 Delleney
Hallman                Harris, J.             Harris, P.
Hines, J.              Hodges                 Howard
Hutson                 Keegan                 Keyserling
Kirsh                  Lanford                Lee
Limehouse              Lloyd                  Martin
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Richardson             Scott
Seithel                Sheheen                Shissias
Stille                 Stoddard               Thomas
Tucker                 Whatley                Whipper, L.
Whipper, S.            Wilder                 Williams
Worley                 Young

Total--47

So, the amendment was tabled.

Section 4 was adopted.

SECTION 5

Section 5 was adopted.

SECTION 6--STRICKEN BY AMENDMENT

Rep. G. BROWN proposed the following Amendment No. 35 (Doc Name P:\amend\PFM\8008AC.96), which was adopted.

Amend the bill, as and if amended, Part II, by deleting SECTION 6.

Renumber sections & amend totals/title to conform.

Rep. G. BROWN explained the amendment.

Rep. KEEGAN spoke against the amendment.

Reps. COTTY, PHILLIPS, FLEMING and G. BAILEY spoke in favor of the amendment.

Rep. H. BROWN moved to table the amendment.

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

Yeas 22; Nays 88

Those who voted in the affirmative are:

Boan                   Brown, H.              Cato
Easterday              Hallman                Harrell
Haskins                Herdklotz              Jaskwhich
Limehouse              Loftis                 Marchbanks
Quinn                  Rice                   Robinson
Sharpe                 Tripp                  Trotter
Tucker                 Wells                  Wilkins
Wofford

Total--22

Those who voted in the negative are:

Allison                Anderson               Askins
Bailey                 Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Cain                   Carnell                Cave
Chamblee               Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Felder
Fleming                Gamble                 Govan
Harris, J.             Harris, P.             Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Keegan
Kelley                 Kennedy                Keyserling
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lee
Limbaugh               Littlejohn             Lloyd
Martin                 Mason                  McAbee
McCraw                 McElveen               McKay
McMahand               McTeer                 Meacham
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Richardson
Riser                  Rogers                 Sandifer
Scott                  Seithel                Sheheen
Shissias               Simrill                Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Thomas                 Townsend
Waldrop                Walker                 Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams
Witherspoon            Worley                 Young
Young-Brickell

Total--88

So, the House refused to table the amendment.

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

SECTION 8

Section 8 was adopted.

SECTION 10

Rep. KOON explained the section.

Section 10 was adopted.

SECTION 11--STRICKEN BY AMENDMENT

Rep. MARCHBANKS proposed the following Amendment No. 154 (Doc Name P:\amend\PFM\8035AC.96), which was adopted.

Amend the bill, as and if amended, Part II, beginning on page 506, by deleting SECTION 11.

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted.

SECTION 12

Section 12 was adopted.

SECTION 13

Section 13 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21--AMENDED AND ADOPTED

Rep. FELDER proposed the following Amendment No. 158 (Doc Name P:\amend\JIC\5339HTC.96), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 21, page 512, by striking line 2 and inserting:

/Subject to obtaining the approval of the State Board expressed by resolution duly adopted, the trustees are authorized/

Amend further, SECTION 21, page 513, by striking subsection L on lines 13 through 17 and inserting:

/L.     All Bonds shall must be disposed of in such manner as the Trustees shall determine, except that no sale privately negotiated without public advertisement, shall be made unless the approval of the State Board shall be obtained. If the Trustees shall elect to sell the Bonds at public sale, at least one advertisement thereof of the sale shall appear in a financial paper published in the City of New York, State of New York, or in a newspaper of general circulation in South Carolina not less than seven days prior to before the occasion fixed for the opening of bids./

Amend further, SECTION 21, page 513, by striking line 24 and inserting:

/Reserve Fund, at anytime proceeds from the sale of any athletic revenue bonds and any other athletic funds available to the university. They shall/

Amend title, totals, and renumber sections to conform.

Rep. FELDER explained the amendment.

The amendment was then adopted.

Section 21 as amended was adopted.

SECTION 22--AMENDED AND ADOPTED

Rep. FELDER proposed the following Amendment No. 159 (Doc Name P:\amend\JIC\5331HTC.96), which was adopted.

Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 22, page 514, line 15, by striking /all/ and inserting /all research and/

Amend further, SECTION 22, page 514, line 17, by striking /The/ and inserting:

/Subject to the approval of the State Budget and Control Board by resolution duly adopted, the/

Amend further, SECTION 22, page 516, line 14, by striking the period and inserting:

/. The use of academic fees must be approved by the university's board./

Amend further, SECTION 22, page 516, line 19, by striking /any/ and inserting /any research or/.

Renumber sections & amend totals/title to conform.

Rep. FELDER explained the amendment.

Rep. BOAN spoke in favor of the amendment.

The amendment was then adopted.

Section 22 as amended was adopted.

SECTION 23--RULED OUT OF ORDER
POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Section 23 was out of order as it was not germane.

Rep. HARRELL stated that Part I removed all of the money for this partnership and it did not exist any longer so the purposes of the proviso was simply to remove the references to what had been removed yesterday in the budget.

Rep. SHEHEEN stated that it had to relate under Rule 5.3.

The SPEAKER stated that there could be an argument that it affected an appropriation by deleting the mandate part of the partnership.

Rep. HARRELL stated that the line was still there in Part I, Line 10 on Page 176.

Rep. WALKER inquired about the funds being deleted in Part I.

Rep. HARRELL cited Line 42 on Page 517.

The SPEAKER cited Rule 5.3 and stated that the section did not appropriate money. He sustained the Point of Order and ordered the section stricken from the Bill.

SECTION 25

Section 25 was adopted.

SECTION 26--DEBATE ADJOURNED

Rep. GAMBLE proposed the following Amendment No. 141 (Doc Name P:\amend\BBM\10622SD.96).

Amend the bill, as and if amended, Part II, SECTION 26, by striking subsection D., line 28, page 527 and inserting:

/D.     The 1976 Code is amended by adding:

"Section 17-1-25.     In all criminal proceedings in circuit court where the death penalty is being sought against a defendant, the defendant must be provided with standard wearing apparel to be provided by the court through the Office of Court Administration which must be worn in court at all times unless the defendant desires to wear his own apparel at his expense in which case he may do so. Other than the apparel provided the defendant under this section or the apparel the defendant provides at his own expense, the State has no other obligation to provide clothing or apparel for these proceedings to this defendant. The Office of Court Administration, in its sole discretion, shall determine what constitutes standard wearing apparel for male defendants and for female defendants, but which may include jumpsuits for men, pantsuits for women, or some type of outerwear to be worn over the clothing worn to court by the defendant. The General Assembly, in the annual general appropriations act beginning with the year 1996-97 from funds appropriated for operating expenses of the circuit court in Part I, Section 4A, shall appropriate the funds to secure such wearing apparel, for which a reasonable cost to provide and clean, as determined by the Office of Court Administration, shall be assessed against nonindigent defendants."

E.     This section takes effect July 1, 1996./

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

POINT OF ORDER

Rep. J. BROWN raised the Point of Order that Amendment No. 141 was out of order as it was not germane.

Rep. GAMBLE argued contra the Point.

The SPEAKER stated that it referred back to Part I and he overruled the Point of Order.

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

SECTION 27

Section 27 was adopted.

SECTION 28--AMENDED AND DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 1 (Doc Name P:\amend\BBM\10597SD.96), which was adopted.

Amend the bill, as and if amended, Section 33-56-50 of the 1976 Code as contained in Part II, as contained in Section 28, page 530, by striking /five/ on line 17, and also as contained twice on line 22 of page 530 and inserting /five twenty/.

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

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

SECTION 29--ADOPTED

Rep. SHEHEEN proposed the following Amendment No. 142 (Doc Name P:\amend\DKA\3555CM.96), which was tabled.

Amend the bill, as and if amended, Part II, page 535, by deleting SECTION 29 in its entirety.

Renumber sections & amend totals/title to conform.

Rep. SHEHEEN explained the amendment.

Rep. QUINN spoke against the amendment.

Rep. H. BROWN moved to table the amendment.

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

Yeas 53; Nays 52

Those who voted in the affirmative are:

Allison                Brown, H.              Cain
Cato                   Cotty                  Dantzler
Davenport              Easterday              Felder
Fleming                Gamble                 Hallman
Harrell                Haskins                Hutson
Keegan                 Kelley                 Kinon
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Marchbanks
Mason                  McKay                  Meacham
Quinn                  Rice                   Riser
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Thomas                 Townsend
Tripp                  Vaughn                 Walker
Wells                  Whatley                Wilkins
Witherspoon            Wofford                Worley
Young                  Young-Brickell

Total--53

Those who voted in the negative are:

Anderson               Askins                 Bailey
Breeland               Brown, J.              Brown, T.
Byrd                   Carnell                Cave
Clyburn                Cobb-Hunter            Cromer
Delleney               Govan                  Harris, J.
Harris, P.             Harrison               Harvin
Herdklotz              Hines, J.              Hines, M.
Hodges                 Howard                 Jaskwhich
Kennedy                Keyserling             Kirsh
Lee                    Lloyd                  McAbee
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rogers                 Scott                  Sheheen
Shissias               Stille                 Stoddard
Stuart                 Tucker                 Whipper, L.
Whipper, S.            White                  Wilder
Williams

Total--52

So, the amendment was tabled.

Section 29 was adopted.

SECTION 30--ADOPTED

Rep. H. BROWN explained the section.

Rep. QUINN spoke in favor of the section.

Section 30 was adopted.

SECTION 31--RULED OUT OF ORDER

Rep. HODGES proposed the following Amendment No. 36 (Doc Name P:\amend\PFM\8009AC.96).

Amend the bill, as and if amended, Part II, beginning on page 536, by deleting SECTION 31.

Renumber sections & amend totals/title to conform.

Rep. HODGES explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Section 31 was out of order as it was not germane.

Rep. QUINN argued contra the Point in stating that it added the lines for the FTE's that are generated for the trooper class and there was an amendment passed which added to the line item. He further stated that this funded the line item.

Rep. KIRSH stated that it did not relate under Rule 5.3.

The SPEAKER stated that Section 31 did not have an appropriation or reference to revenue in Part I and he sustained the Point of Order and ordered the section stricken from the Bill.

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

MOTION NOTED

Rep. RHOAD moved to reconsider the vote whereby Amendment No. 38 was rejected in Section 19, Part IA and the motion was noted.

MOTION NOTED

Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 3B, 18N, Part IB, Sections 3, 6DD, 11, 14, 17C, 18A, 18N, 19, 19A, 34, 50, 65, 72, Part II, Sections 1, 2, 3, 4, 5, 8, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 27, 29 and 30 were adopted and the motion was noted.

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

ADJOURNMENT

At 6:40 P.M. the House in accordance with the motion of Rep. McMAHAND adjourned in memory of Reverend W.T. Rodden of Roebuck, to meet at 9:30 A.M. tomorrow.

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