South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

MONDAY, MARCH 3, 1997

Monday, March 3, 1997
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 1:00 P.M.

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

Almighty and never changing God, Whose concern for Your people knows no end, enable us to rely increasingly upon Your care that we may place confidently in Your hands our welfare. Forbid that we should be so concerned and absorbed in preparing for a rainy day as to miss today's sunshine, that we should complain about the noise when it is opportunity knocking. Lord, make our lives windows of Your light and mirrors to reflect Your ways. Cause us to know that success is getting up more often that falling down.

Give us the confidence of the Psalmist: "The Lord of hosts is with us; the God of Jacob is our Refuge." (Psalm 46:11) Amen.

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

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

MOTION ADOPTED

Rep. LIMEHOUSE moved that when the House adjourns, it adjourn in memory of former Rep. Theodore B. Guerard of Charleston, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 3571 -- Reps. Harrell, Townsend, Wilkins, Haskins, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Hodges, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McCraw, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO CONGRATULATE MRS. KELLY MCCALLA OF GREENWOOD, AN ELEMENTARY SCIENCE TEACHER AT OAKLAND ELEMENTARY SCHOOL IN GREENWOOD SCHOOL DISTRICT 50, UPON BEING NAMED 1997 SOUTH CAROLINA TEACHER OF THE YEAR.

Whereas, the members of the House of Representatives are very pleased to learn that Mrs. Kelly McCalla of Greenwood has been chosen the 1997 South Carolina Teacher of the Year; and

Whereas, she is an elementary science teacher at Oakland Elementary School in Greenwood School District 50 who was selected from among eighty-five nominees from throughout South Carolina; and

Whereas, her classroom is known as "The Magic Kingdom of Learning" where her students learn through hands-on, real-life experiences, whether they are feeding baby squirrels with an eyedropper, standing in the middle of a rippling river, or sitting on a blanket under the stars and identifying constellations; and

Whereas, this amazing teacher and educator is a graduate of Lander University, a mother of two, and believes that educators are role models not only in the classroom but also in the community. Whether she is volunteering to deliver Meals on Wheels, caroling at a nursing home, or working with a local program for needy children, she believes in being involved and involving others in creating positive role models for our children; and

Whereas, her efforts on behalf of education also extend beyond her students. She is a cooperating teacher for the Lander University Department of Education, where she serves as a teacher mentor for new teachers, and she has been designated as a lead teacher in the Teachers Leading Teachers National Science Foundation project.

Whereas, Kelly McCalla is unquestionably a role model who creates high and positive expectations for her students and is a person who inspires students and colleagues alike; and

Whereas, the members of the House of Representatives, by this resolution, would like to publicly congratulate and honor this outstanding and gifted lady on her receipt of this truly deserved award. Now, therefore,

Be it resolved by the House of Representatives:

That the members of the South Carolina House of Representatives hereby congratulate Mrs. Kelly McCalla of Greenwood, an elementary science teacher at Oakland Elementary School in Greenwood School District 50, upon being named 1997 South Carolina Teacher of the Year.

Be it further resolved that pursuant to Rule 10.1, Mrs. McCalla shall be extended the privilege of the House Floor at a date and time to be determined by the Speaker for the purpose of being honored and recognized for this truly deserved award.

Be it further resolved that a copy of this resolution be presented to Mrs. McCalla.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3572 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CRITERIA FOR THE PROMOTION OF STUDENTS TO THE NEXT HIGHER GRADE (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 1997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3573 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO DEVELOPMENTAL ACTIVITIES AND REMEDIAL PROGRAMS IN GRADES 1-8 (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2006, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3574 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CLEARLY DEFINED VOCATIONAL PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2009, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3575 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO VOCATIONAL GRANTS FOR THE UPDATING OF EXISTING VOCATIONAL PROGRAMS AND THE IMPLEMENTATION OF NEW VOCATIONAL PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2010, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3576 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUPPLEMENTARY MATERIALS SELECTION AND ADOPTION (WORKBOOKS) (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2019, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3577 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PHILOSOPHY OF COMMUNITY EDUCATION (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2020, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3578 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FEDERALLY-FUNDED COMPENSATORY EDUCATION PROGRAMS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2024, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3579 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPULSORY KINDERGARTEN PROGRAM (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2026, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3580 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TRANSFERS AND WITHDRAWALS (AMEND), DESIGNATED AS REGULATION DOCUMENT NUMBER 2027, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3581 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT SAFETY (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2029, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3582 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO INOCULATIONS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2031, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3583 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO CREATING MORE EFFECTIVE PARTNERSHIPS AMONG THE SCHOOLS, PARENTS, COMMUNITY, AND BUSINESSES, (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2032, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3584 -- Reps. Cotty, Simrill, Inabinett, Neal, Barrett, Fleming, Maddox, Sandifer, Cooper, Klauber and McMaster: A BILL TO AMEND SECTION 20-7-7810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMITMENT OF JUVENILES TO THE DEPARTMENT OF JUVENILE JUSTICE FOR DELINQUENCY, SO AS TO PROVIDE THAT A JUDGE MAY ORDER RESTITUTION IN ADDITION TO COMMITMENT TO THE DEPARTMENT OF JUVENILE JUSTICE.

Referred to Committee on Judiciary.

H. 3585 -- Rep. Harrison: A BILL MAKING FINDINGS OF LEGISLATIVE INTENT OF THE GENERAL ASSEMBLY WITH RESPECT TO GOVERNMENTAL TORT LIABILITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-78-200 SO AS TO PROVIDE THAT THE SOUTH CAROLINA TORT CLAIMS ACT IS THE EXCLUSIVE REMEDY FOR ANY TORT COMMITTED BY A GOVERNMENT EMPLOYEE ACTING WITHIN THE SCOPE OF THE EMPLOYEE'S OFFICIAL DUTY AND TO REQUIRE THIS PROVISION TO BE LIBERALLY CONSTRUED IN FAVOR OF LIMITED LIABILITY WITH AMBIGUITY TO BE RESOLVED AS A MATTER OF LAW IN FAVOR OF THE GOVERNMENT; AND TO REENACT THE PROVISIONS OF SECTION 15-78-120, AS CURRENTLY EXISTING, SO AS TO PROVIDE THE LIMITATIONS ON LIABILITY APPLICABLE AND OTHER REQUIREMENTS UNDER THE SOUTH CAROLINA TORT CLAIMS ACT.

Referred to Committee on Judiciary.

H. 3586 -- Rep. Harrison: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE APPEALS OR REVIEWS MUST BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, AS AMENDED, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, AS AMENDED, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO CASES ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.

Referred to Committee on Judiciary.

H. 3587 -- Rep. Quinn: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.

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

H. 3588 -- Rep. Sheheen: A BILL TO AMEND SECTIONS 20-7-8505, 20-7-8510, AND 20-7-8520, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO JUVENILE CRIMINAL RECORDS, INCLUDING FINGERPRINTING, AND THE CONFIDENTIALITY, DISCLOSURE, AND DESTRUCTION OF THESE RECORDS, SO AS TO REMOVE THE CONFIDENTIALITY OF THESE RECORDS FOR OFFENSES WHICH, IF COMMITTED BY AN ADULT, WOULD BE A CRIME FOR WHICH THE PENALTY COULD BE IMPRISONMENT FOR ONE YEAR OR MORE, TO AUTHORIZE THE FINGERPRINTS AND RELEASE TO THE PUBLIC OF THE NAME, IDENTITY, AND PICTURE OF A JUVENILE CHARGED WITH SUCH A CRIME, AND TO PROHIBIT EXPUNGEMENT OF THESE RECORDS EXCEPT UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

ROLL CALL

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

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Bowers                 Breeland               Brown, H.
Brown, J.              Brown, T.              Campsen
Cato                   Cave                   Chellis
Clyburn                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harrison
Harvin                 Haskins                Hines, J.
Hines, M.              Hinson                 Hodges
Inabinett              Jordan                 Keegan
Kelley                 Kinon                  Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 McMahand
McMaster               Meacham                Mullen
Parks                  Pinckney               Quinn
Rhoad                  Rice                   Riser
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, March 3.

Daniel L. Tripp                   David James Mack III
Leon Howard                       Eugene C. Stoddard
Denny W. Neilson                  Steve P. Lanford
G. Ralph Davenport, Jr.           James L. M. Cromer, Jr.
John David Hawkins                Olin R. Phillips
Douglas Jennings, Jr.             Joseph H. Neal
Alma W. Byrd                      Ralph W. Canty
Gilda Cobb-Hunter                 William D. Boan
Grady A. Brown                    Alfred B. Robinson, Jr.
Kenneth Kennedy
Total Present--117

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. SPEARMAN a leave of absence for the day due to Legislative business in Washington, D.C.

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

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

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

MOTION ADOPTED

Rep. H. BROWN moved that H. 3402, the Joint Resolution to appropriate monies form the Capital Reserve Fund for fiscal year 96-97, be set for Special Order immediately after third reading of H. 3400, the General Appropriation Bill, and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3402, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 96-97, the Bills on the Calendar be printed by number only, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that H. 3401, the supplemental appropriations from surplus from 1996-97 surplus general fund revenues, be set for Special Order immediately after second reading of H. 3402, Capital Reserve Fund, and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3401, the supplemental appropriations from surplus from 1996-97 surplus general fund revenues,
the Bills on the Calendar by printed by number only, which was agreed to.

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.

ORDERED TO THIRD READING

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

H. 3103 -- Reps. J. Brown and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-260 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON PERFORMING AN EARLY PERIODIC SCREENING, DIAGNOSIS, AND TREATMENT SCREENING (EPSDT) OR EXAMINATION OF A CHILD TO REFER THE CHILD TO AN APPROPRIATE AGENCY FOR AN ASSISTIVE TECHNOLOGY EVALUATION IF IT IS DETERMINED THAT THE CHILD MAY BENEFIT FROM SUCH TECHNOLOGY.

Rep. WILDER explained the Bill.

H. 3135 -- Rep. Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-285 SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF STATE FISH, GAME, WILDLIFE, OR NATURAL RESOURCES LAWS, PHOTOGRAPHS OF EITHER WILDLIFE OR FISH ALLEGED TO HAVE BEEN TAKEN, POSSESSED, SOLD, TRANSPORTED, OR IMPORTED ILLEGALLY MUST BE CONSIDERED COMPETENT EVIDENCE OF THE WILDLIFE OR FISH AND MUST BE ADMISSIBLE IN ANY PROCEEDING OF THE CASE TO THE SAME EXTENT AS IF THE WILDLIFE OR FISH HAD BEEN INTRODUCED AS EVIDENCE.

Rep. WITHERSPOON the Bill.

S. 287 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
SECTION 38-74-90; TO AMEND SECTION 38-74-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE HEALTH INSURANCE POOL; TO AMEND SECTION 38-74-30, AS AMENDED, RELATING TO ELIGIBILITY FOR POOL COVERAGE; AND SECTION 38-74-60, AS AMENDED, RELATING TO MAJOR MEDICAL EXPENSE COVERAGE, ALL SO AS TO MAKE THE POOL AN ACCEPTABLE ALTERNATIVE MECHANISM UNDER THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND TO INCREASE THE AGGREGATE BENEFIT LIMIT, DELETE THE EXCLUSION OF INDIVIDUALS DIAGNOSED AS BEING INFECTED WITH AIDS, REDUCE THE PREMIUM CAP ON CERTAIN ASSESSMENTS, ALLOW FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO ENTER THE POOL WITHOUT SATISFYING CURRENT ELIGIBILITY REQUIREMENTS, REDUCE THE RESIDENCY REQUIREMENT, REQUIRE FEDERALLY DEFINED ELIGIBLE INDIVIDUALS TO BE RESIDENTS, ENSURE THAT THE PREEXISTING CONDITION EXCLUSION IS NOT APPLIED TO FEDERALLY DEFINED ELIGIBLE INDIVIDUALS, REMOVE THE PROVISIONS ALLOWING EXTRA CHARGES WHERE A PREEXISTING CONDITION EXCLUSION IS WAIVED, AND ENSURE THAT FEDERALLY DEFINED ELIGIBLE INDIVIDUALS ARE PROVIDED A CHOICE OF COVERAGE.

Rep. MASON explained the Bill.

H. 3155--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3155 -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-290 SO AS TO MAKE IT UNLAWFUL, EXCEPT AS OTHERWISE SPECIFICALLY AUTHORIZED BY LAW, TO BUY, SELL, OR POSSESS FOR SALE ANY WILDLIFE NATIVE TO THIS STATE, INCLUDING LIVE OR DEAD WHOLE ANIMALS OR PARTS OF SUCH ANIMALS, AND TO PROVIDE A PENALTY.

The Committee on Agriculture, Natural Resources and Environmental Affairs proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9131JM.97), which was adopted.

Amend the bill, as and if amended, page 1, lines 24 through 32, as contained in SECTION 1, by striking Section 50-1-290 and inserting:

/Section 50-1-290.     It is unlawful to buy, sell, trade, or barter or offer for sale or offer to buy any protected wild mammals and birds or parts of mammals or birds except as specifically allowed by this title. A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned up to thirty days./

Amend title to conform.

Rep. WITHERSPOON explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

S. 288--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 288 -- Banking and Insurance Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-41-45, TO AMEND ARTICLE 3, CHAPTER 71, TITLE 38, RELATING TO INDIVIDUAL ACCIDENT AND HEALTH INSURANCE POLICIES BY ADDING SUBARTICLE 7; TO AMEND ARTICLE 5, CHAPTER 71, TITLE 38, RELATING TO GROUP ACCIDENT AND HEALTH INSURANCE BY ADDING SUBARTICLE 2; TO AMEND SECTION 38-71-135, RELATING TO MINIMUM POSTPARTUM HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS, TO AMEND SECTION 38-71-335, AS AMENDED, RELATING TO CANCELLATION AND RENEWAL POLICIES FOR ACCIDENT AND HEALTH INSURANCE; TO AMEND SECTION 38-71-730, AS AMENDED, RELATING TO REQUIREMENTS FOR GROUP ACCIDENT AND HEALTH POLICIES; TO AMEND SECTION 38-71-737, RELATING TO REQUIREMENTS OF COVERAGE FOR PSYCHIATRIC CONDITIONS IN GROUP HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-920, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-960, RELATING TO REQUIRED DISCLOSURE IN SOLICITATION AND SALES MATERIAL FOR SMALL GROUP HEALTH INSURANCE; TO AMEND SECTION 38-71-1330, RELATING TO DEFINITIONS USED IN CONNECTION WITH SMALL EMPLOYER HEALTH INSURANCE AVAILABILITY; TO AMEND SECTION 38-71-1360, RELATING TO THE REQUIREMENT THAT INSURERS MARKET TWO PLANS FOR SMALL EMPLOYERS; TO AMEND SECTION 38-71-1370, RELATING TO THE APPLICABILITY OF CERTAIN CODE SECTIONS TO INSURANCE PLANS REQUIRED TO BE OFFERED BY SMALL EMPLOYER INSURERS AND PREEXISTING CONDITION COVERAGE FOR LATE ENROLLEES; TO AMEND SECTION 38-71-1410 RELATING TO THE SOUTH CAROLINA SMALL EMPLOYER INSURER REINSURANCE PROGRAM; TO AMEND SECTION 38-71-1440, RELATING TO REQUIREMENTS FOR SMALL EMPLOYER INSURERS, ALL SO AS TO COMPLY WITH CERTAIN REQUIREMENTS OF THE FEDERAL HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, INCLUDING GUARANTEED AVAILABILITY IN THE SMALL GROUP MARKET, GUARANTEED RENEWABILITY IN THE LARGE GROUP MARKET, THE SMALL GROUP MARKET, THE INDIVIDUAL MARKET, AND FOR MULTIPLE EMPLOYER WELFARE ARRANGEMENTS; REVISIONS TO REQUIRED HOSPITALIZATION SERVICES FOR MOTHERS AND NEWBORNS; EQUALITY IN THE APPLICATION OF CERTAIN LIMITS TO MENTAL HEALTH BENEFITS, ANTIDISCRIMINATION REQUIREMENTS IN THE LARGE AND SMALL GROUP MARKETS, AND LIMITATIONS ON PREEXISTING CONDITION EXCLUSIONS IN THE LARGE AND SMALL GROUP MARKETS; AND TO REPEAL SECTION 38-71-950, RELATING TO RENEWABILITY AND NOTICE OF NONRENEWAL OF SMALL GROUP HEALTH INSURANCE.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7098AC.97), which was adopted.

Amend the bill, as and if amended, by deleting Section 38-71-850(A) on page 14, lines 25-39 and inserting:

/Section 38-71-850.     (A)     Subject to subsection (C), a health insurance issuer offering group health insurance coverage, may, with respect to a participant or beneficiary, impose a preexisting condition exclusion only if the:

(1)     exclusion relates to a condition, whether physical or mental, regardless of the cause of the condition, for which medical advice, diagnosis, care, or treatment was recommended or received within the six-month period ending on the enrollment date;

(2)     exclusion extends for not more than twelve months without medical care, treatment, or supplies ending after the effective date of coverage or twelve months after the enrollment date, whichever occurs first, or eighteen months after the enrollment date in the case of a late enrollee; and

(3)     period of any preexisting condition exclusion is reduced by the aggregate of the periods of creditable coverage if any, as defined in item (B)(1), applicable to the participant or beneficiary as of the enrollment date./

Amend the bill further by deleting Section 21 in its entirety and inserting:

/Section     21.     This act applies with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market in this state and takes effect upon approval by the Governor or on July 1, 1997, if later, regardless of when a period of creditable coverage, as defined in Section 3 of this act, occurs. This act applies with respect to health insurance coverage offered in connection with group health plans for plan years beginning on or after July 1, 1997, or upon approval by the Governor, whichever is later. Section 38-71-880 of the 1976 Code, as added by Section 3 of this act, applies with respect to health insurance coverage offered in connection with group health plans for plan years beginning on or after January 1, 1998, or upon approval by the Governor, whichever is later. The amendments to Section 38-71-135 of the 1976 Code, as contained in Section 4 of this act, apply with respect to health insurance coverage offered in connection with group health plans for plan years beginning on or after January 1, 1998, or upon the signature of the Governor, whichever is later. The amendments to Section 38-71-135 of the 1976 Code, as contained in section 4 of this act, apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market in this state and take effect upon approval by the governor or January 1, 1998, if later./

Amend title to conform.

Rep. MASON explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3108--DEBATE ADJOURNED

Rep. J. BROWN moved to adjourn debate upon the following Bill until Tuesday, March 11, which was adopted.

H. 3108 -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-53-85 SO AS TO PROVIDE FOR EDUCATIONAL REQUIREMENTS FOR LICENSURE AS A BAIL BONDSMAN, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.

H. 3100--DEBATE ADJOURNED

The following Bill was taken up.

H. 3100 -- Reps. Allison, Townsend, Walker and Meacham: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAKEUP OF SCHOOL DAYS MISSED BECAUSE OF SNOW OR OTHER EXTREME WEATHER CONDITIONS, SO AS TO PROVIDE FOR THE MANNER IN WHICH EACH SCHOOL DISTRICT BOARD OF TRUSTEES SHALL PLAN THE SCHOOL TERM SO THAT UP TO THREE NONINSTRUCTIONAL DAYS SHALL BE DESIGNATED AS MAKEUP DAYS FOR THIS PURPOSE.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20206SD.97).

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 59-1-430 of the 1976 Code is amended to read:

"Section 59-1-430.     Notwithstanding any other provisions of law, to the contrary, all local school boards may excuse up to three school days missed because of snow or other extreme weather conditions. All other school days missed because of snow or extreme weather conditions must be made up. In meeting the requirements of Act 436 of 1982 Section 59- 1-420, no makeup days for students may be scheduled on Saturdays. Provided, However, That However, remedial instruction for grades 7 through 12 may be taught on Saturday at the direction of local school board.

SECTION     2.     This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WALKER explained the amendment.

Rep. SCOTT moved to adjourn debate upon the Bill until Tuesday, March 4, which was adopted.

H. 3404--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 3404 -- Reps. Meacham, Quinn, G. Brown, Sandifer, Trotter, Keegan, Kennedy, Lee, D. Smith, Haskins, Harrell, Cato, Fleming and Klauber: A BILL TO AMEND SECTION 58-37-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND DEFINITIONS, SO AS TO DELETE THE DEFINITION OF "INTEGRATED RESOURCE PLAN"; TO AMEND SECTION 58-37-20, RELATING TO THE REQUIREMENT THAT THE PUBLIC SERVICE COMMISSION ADOPT PROCEDURES ENCOURAGING ENERGY EFFICIENCY AND CONSERVATION, SO AS TO, AMONG OTHER THINGS, AUTHORIZE, RATHER THAN REQUIRE, THE COMMISSION TO ADOPT SUCH PROCEDURES; AND TO REPEAL SECTION 58-37-40, RELATING TO PUBLIC UTILITIES, SERVICES, AND CARRIERS, ENERGY SUPPLY AND EFFICIENCY, AND INTEGRATED RESOURCE PLANS.

The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9189JM.97), which was adopted.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION     1.     Section 58-37-10(2) of the 1976 Code, as added by Part IV, Section 1 of Act 449 of 1992, is amended to read:

"(2)     'Integrated resource plan' means a plan which contains the demand and energy forecast for at least a fifteen-year period, contains the supplier's or producer's program for meeting the requirements shown in its forecast in an economic and reliable manner, including both demand-side and supply-side options, with a brief description and summary cost-benefit analysis, if available, of each option which was considered, including those not selected, sets forth the supplier's or producer's assumptions and conclusions with respect to the effect of the plan on the cost and reliability of energy service, and describes the external environmental and economic consequences of the plan to the extent practicable. For electrical utilities and public utilities providing gas services subject to the jurisdiction of the South Carolina Public Service Commission, this definition must be interpreted in a manner consistent with the integrated resource planning process adopted by the commission. For electric cooperatives subject to the regulations of the Rural Electrification Administration, this definition must be interpreted in a manner consistent with any integrated resource planning process prescribed by Rural Electrification Administration regulations."

SECTION     2.     Section 58-37-20 of the 1976 Code, as added by Part IV, Section 1 of Act 449 of 1992, is amended to read:

"Section 58-37-20.     The South Carolina Public Service Commission must may adopt procedures that encourage electrical utilities and public utilities providing gas services subject to the jurisdiction of the commission to invest in cost-effective energy efficient technologies and energy conservation programs. If adopted, these procedures must: provide incentives and cost recovery for energy suppliers and distributors who invest in energy supply and end-use technologies that are cost-effective, environmentally acceptable, and reduce energy consumption or demand;. These procedures must allow energy suppliers and distributors to recover costs and obtain a reasonable rate of return on their investment in qualified demand-side management programs sufficient to make these programs at least as financially attractive as construction of new generating facilities;. Require the Public Service Commission shall to establish rates and charges that ensure that the net income of an electrical or gas utility regulated by the commission after implementation of specific cost-effective energy conservation measures is at least as high as the net income would have been if the energy conservation measures had not been implemented. For purposes of this section only, the term 'demand-side activity' means a program conducted by an electrical utility or public utility providing gas services for the reduction or more efficient use of energy requirements of the utility or its customers, including, but not limited to, utility transmission and distribution system efficiency, customer conservation and efficiency, load management, cogeneration, and renewable energy technologies."

SECTION     3.     Section 58-37-40(A) of the 1976 Code, as added by Part IV, Section 1 of Act 449 of 1992, is amended to read:

"(A)     Electrical utilities, public utilities providing gas services, and the South Carolina Public Service Authority must prepare integrated resource plans. The South Carolina Public Service Authority and electrical and gas utilities regulated by the Public Service Commission must submit their plans to the State Energy Office. The plan submitted by the South Carolina Public Service Authority must be developed in consultation with electric cooperatives and municipally-owned electric utilities purchasing power and energy from the authority and must include the effect of demand-side management activities of electric cooperatives and municipally-owned electric utilities which directly purchase power and energy from the authority or sell power and energy which the authority generates. All plans must be submitted every three years and must be updated on an annual basis. The first integrated resource plan of the South Carolina Public Service Authority must be submitted no later than June 30, 1993. An integrated resource plan may be patterned after the integrated resource planning process developed by the Public Service Commission. For electrical utilities and public utilities providing gas services subject to the jurisdiction of the commission, submission of their plans as required by the commission constitutes compliance with this section. Nothing in this subsection may be construed as requiring interstate natural gas companies whose rates and services are regulated only by the federal government or gas utilities subject to the jurisdiction of the South Carolina Public Service Commission to prepare and submit an integrated resource plan."

SECTION     4.     Section 58-37-40(F) of the 1976 Code is repealed.

SECTION     5.     This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. MEACHAM explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3121--POINT OF ORDER

The following Bill was taken up.

H. 3121 -- Reps. Kelley and Bauer: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 51 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA: FIRST IN GOLF" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.

POINT OF ORDER

Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.

The SPEAKER sustained the Point of Order.

H. 3272--AMENDED AND SENT TO THE SENATE

The following Bill was taken up.

H. 3272 -- Reps. Cato, Limehouse, H. Brown, Tripp, Cooper, Chellis, Seithel, Young-Brickell, Carnell, Mason, Meacham, Bailey, Haskins, Gamble, Allison, Trotter, Robinson, Sandifer, Lee, Govan, Law, Sharpe, Loftis, Phillips, Limbaugh, Harrell, J. Smith, J. Brown, Boan, Simrill, Wilkes and Neilson: A BILL TO AMEND SECTION 37-10-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR THE VIOLATION OF CERTAIN LOAN PROVISIONS UNDER THE CONSUMER PROTECTION CODE, SO AS TO DELETE CERTAIN PENALTY PROVISIONS, TO CREATE AN INDIVIDUAL CAUSE OF ACTION, AND TO PROHIBIT A CLASS ACTION FOR A VIOLATION OF THE CHAPTER; AND TO MAKE THESE PROVISIONS APPLY TO CAUSES OF ACTION, INCLUDING APPEALS, PENDING ON THE EFFECTIVE DATE OF THIS ACT AND TO ACTIONS FILED ON AND AFTER THAT DATE.

Rep. CATO proposed the following Amendment No. 36 (Doc Name P:\AMEND\DKA\4175MM.97), which was ruled out of order.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/SECTION     2.     This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date; except that class actions pending on the effective date of this act, or actions where a petition for certification as a class are pending, may proceed, but with remedies pursuant to Section 37-10-105 as amended in Section 1 of this act./

Amend title to conform.

Rep. CATO explained the amendment.

POINT OF ORDER

Rep. KIRSH raised a Point of Order that Amendment No. 36 was out of order in that it was not a technical amendment under Rule 9.2.

Rep. CATO argued contra.

SPEAKER WILKINS stated that the certification aspect of the amendment expanded the Bill's scope and impact and was not technical. He sustained the Point of Order and ruled the amendment out of order.

Rep. SCOTT moved to adjourn debate upon the Bill.

Rep. CATO moved to table the motion, which was agreed to.

Rep. BAXLEY spoke against the Bill and moved to commit the Bill.

Rep. CATO moved to table the motion to commit.

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

Yeas 64; Nays 41

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Boan                   Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Edge
Felder                 Gamble                 Govan
Hamilton               Harrell                Harvin
Haskins                Hinson                 Jordan
Keegan                 Kelley                 Kinon
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Martin                 McCraw                 McKay
McLeod                 Meacham                Mullen
Neilson                Phillips               Riser
Robinson               Rodgers                Sandifer
Seithel                Simrill                Smith, R.
Stille                 Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--64

Those who voted in the negative are:

Altman                 Baxley                 Beck
Bowers                 Breeland               Brown, J.
Brown, T.              Cave                   Clyburn
Cobb-Hunter            Cromer                 Delleney
Easterday              Gourdine               Harrison
Hawkins                Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Kirsh                  Klauber                Knotts
Lloyd                  Mack                   Maddox
Mason                  McMahand               Parks
Pinckney               Quinn                  Rhoad
Rice                   Scott                  Sharpe
Sheheen                Smith, D.              Smith, F.
Webb                   Whatley

Total--41

So, the motion to commit was tabled.

POINT OF ORDER

Rep. BAXLEY raised a Point of Order that under Rule 9.2, the chairman of any committee may be permitted to offer a technical amendment. He stated that Rep. Cato had previously offered an amendment to the Bill which was found to be out of order by the Speaker. He further stated that was his one opportunity to offer an amendment and having made that offer, he cannot offer further amendments to the Bill.

Rep. HASKINS argued contra in that the chairman had not yet had an opportunity to offer an amendment to the House because the first one was ruled out of order and it was not accepted by the House.

Rep. BAXLEY stated that the purpose of this particular rule is to prevent numerous amendments from being placed on the Desk.

SPEAKER WILKINS overruled the Point of Order and stated that the rule should not be so strictly construed that only one amendment can be offered by the chairman. The limitation of a chairman to one technical amendment would likely limit the ability to make needed technical corrections to a Bill. He overruled the Point of Order.

Rep. CATO proposed the following Amendment No. 37 (Doc Name P:\AMEND\DKA\4175MM.97), which was adopted.

Amend the bill, as and if amended, by striking SECTION 2 and inserting:

/ SECTION     2.     This act takes effect upon approval by the Governor and applies to causes of action, including appeals, pending on that date and actions filed on and after that date; except that class actions pending as of the date this bill passes third reading in the House of Representatives, may proceed, but with remedies pursuant to Section 37-10-105 as amended in Section 1 of this act. /

Amend title to conform.

Rep. CATO explained the amendment.

Rep. BAXLEY moved to table the amendment.

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

Yeas 35; Nays 71

Those who voted in the affirmative are:

Altman                 Baxley                 Beck
Bowers                 Breeland               Brown, J.
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Fleming
Gourdine               Hawkins                Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Klauber
Knotts                 Lloyd                  Mack
Mason                  McMahand               Meacham
Parks                  Phillips               Pinckney
Scott                  Sheheen                Webb
Whatley                Young

Total--35

Those who voted in the negative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Boan                   Brown, H.              Brown, T.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Edge                   Felder
Gamble                 Govan                  Hamilton
Harrell                Harrison               Harvin
Haskins                Hinson                 Keegan
Kelley                 Kinon                  Kirsh
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 McCraw
McKay                  McLeod                 Mullen
Neilson                Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith, F.
Smith, R.              Stille                 Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--71

So, the House refused to table the amendment.

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

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

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

Yeas 70; Nays 37

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Battle                 Bauer
Boan                   Brown, H.              Brown, T.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Edge                   Felder
Gamble                 Govan                  Hamilton
Harrell                Harvin                 Haskins
Hinson                 Jordan                 Keegan
Kelley                 Kinon                  Klauber
Koon                   Lanford                Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 McCraw
McKay                  McLeod                 Meacham
Mullen                 Neilson                Phillips
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Simrill                Smith, R.
Stille                 Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--70

Those who voted in the negative are:

Altman                 Baxley                 Beck
Bowers                 Breeland               Brown, J.
Canty                  Cave                   Clyburn
Cobb-Hunter            Cromer                 Delleney
Fleming                Gourdine               Harrison
Hawkins                Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Kirsh                  Knotts
Lloyd                  Mack                   McMahand
Parks                  Pinckney               Quinn
Scott                  Sheheen                Smith, D.
Smith, F.              Webb                   Whatley
Young

Total--37

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

RECORD FOR VOTING

I voted against H. 3272. It is, in concept, a good Bill. I applaud its sponsors for correcting a bad law which allowed somebody to collect damages when they had not suffered any damage. Unfortunately, this Bill also goes back and takes rights away from people who were only applying the law. I didn't vote for the bad law so I can't apologize for it. I'd like to fix it now, but not punish anyone who was following the law before now. Also, this Bill says that this law is effective and punishes those law-abiding people when it receives third reading from the House: before the Senate or the Governor have a chance to look at it!

Rep. JAMES L. M. CROMER, JR.

H. 3400--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3400 -- GENERAL APPROPRIATION BILL
MOTION ADOPTED

Rep. H. BROWN moved that the General Appropriation Bill be considered section by section, beginning with Part IA then taking up Part IB and then Part II, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating the General Appropriation Bill, he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

STATEMENT BY REP. H. BROWN

Rep. H. BROWN made a statement relative to the Bill.

PART IA
SECTION 19--DEBATE ADJOURNED

Rep. HINSON proposed the following Amendment No. 13 (Doc Name P:\AMEND\008\19$sbm.008), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Dept. Of Education, page 3, line 29, opposite /BOARD MEMBER ORIENTATION/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/$10,000     $10,000

Amend the bill further, as and if amended, Part IA, Section 19, Dept. Of Education, page 2, line 1, opposite /INSTRUCTIONAL MATERIALS/ by increasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/$10,000     $10,000

Renumber sections and amend totals/title to conform.

Rep. HINSON explained the amendment.

Reps. HOWARD and HARRELL spoke against the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 75; Nays 28

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Cato                   Cave
Clyburn                Cooper                 Cotty
Cromer                 Delleney               Felder
Harrell                Harrison               Hawkins
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Jordan                 Keegan                 Kelley
Kinon                  Knotts                 Koon
Lanford                Lee                    Limehouse
Littlejohn             Lloyd                  Mack
Martin                 Mason                  McCraw
McLeod                 McMahand               Neal
Neilson                Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Rodgers
Sandifer               Scott                  Seithel
Sheheen                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stuart
Townsend               Vaughn                 Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Young

Total--75

Those who voted in the negative are:

Altman                 Bailey                 Bowers
Campsen                Chellis                Dantzler
Davenport              Edge                   Gamble
Gourdine               Hamilton               Hinson
Kirsh                  Klauber                Law
Leach                  Limbaugh               Loftis
Maddox                 McKay                  McMaster
Meacham                Mullen                 Simrill
Tripp                  Trotter                Woodrum
Young-Brickell

Total--28

So, the amendment was tabled.

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

SECTION 21

Section 21 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 18B

Section 18B was adopted.

SECTION 18MA

Section 18MA was adopted.

SECTION 18MB

Section 18MB was adopted.

SECTION 18MC

Section 18MC was adopted.

SECTION 22

Section 22 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26

Section 26 was adopted.

SECTION 27

Section 27 was adopted.

SECTION 28

Rep. KOON explained the section.

Section 28 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 50--DEBATE ADJOURNED

Rep. WITHERSPOON proposed the following Amendment No. 17 (Doc Name P:\AMEND\005\50$RCD1.005), which was tabled.

Amend the bill, as and if amended, Part IA, Section 50, Department of Commerce, page 249, line 6, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/150,000     150,000

Renumber sections and amend totals/title to conform.

Rep. WITHERSPOON explained the amendment.

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

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

SECTION 52

Section 52 was adopted.

SECTION 6B

Section 6B was adopted.

SECTION 11

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 13

Section 13 was adopted.

SECTION 14--DEBATE ADJOURNED

Rep. QUINN explained the section.

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

SECTION 42

Section 42 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 54

Section 54 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56

Section 56 was adopted.

SECTION 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 3A

Section 3A was adopted.

SECTION 3B

Section 3B was adopted.

SECTION 3C

Section 3C was adopted.

SECTION 3D

Section 3D was adopted.

SECTION 3E

Section 3E was adopted.

SECTION 3F

Section 3F was adopted.

SECTION 3G--DEBATE ADJOURNED

Rep. ROBINSON explained the section.

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

SECTION 5

Rep. ROBINSON explained the section.

Section 5 was adopted.

SECTION 6D

Section 6D was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8

Section 8 was adopted.

SECTION 9

Section 9 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17D

Section 17D was adopted.

SECTION 17E

Section 17E was adopted.

SECTION 17F

Rep. ROBINSON explained the section.

Section 17F was adopted.

SECTION 17G

Section 17G was adopted.

SECTION 64

Section 64 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67

Rep. ROBINSON explained the section.

Section 67 was adopted.

SECTION 67A

Section 67A was adopted.

PART IB
SECTION 1

Section 1 was adopted.

SECTION 1A

Section 1A was adopted.

SECTION 2

Section 2 was adopted.

SECTION 2A

Section 2A was adopted.

SECTION 19--AMENDED AND DEBATE ADJOURNED

Rep. HARRELL proposed the following Amendment No. 9 (Doc Name P:\AMEND\008\PRO16DEL.008), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, Department of Education, page 427, paragraph 16, line 6-7, by striking:/the proviso in its entirety./

Renumber sections and amend totals/title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 6 (Doc Name P:\AMEND\008\P1932NBC.008), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19, department of education, page 429, paragraph 32, line 25-29, by striking:/(sde national board certification incentive) the funds appropriated in section 19x. For national board certification incentive shall be used for reimbursement of the certification fee and a one time bonus to those teachers who successfully complete the certification process. Teachers who have become certified by the national board for professional teaching standards prior to june 30, 1998, and under contract to teach in south carolina through 1998-99, are eligible to receive the reimbursement and one-time bonus./

Renumber sections and amend totals/title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Rep. SHEHEEN proposed the following Amendment No. 3 (Doc Name G:\h-member\b21\amd3400.97), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19 proviso by inserting at the end:

Provided, however, Personal service positions required by the Defined Minimum Program for South Carolina School Districts may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another method) from the hiring public school district. Any public school district that hires a corporation, partnership, or any entity other than an individual to fill a position required by the Defined Minimum Program will have its EFA and/or its EIA allocation reduced by the amount paid to that corporation, partnership, or other entity. Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.

Renumber sections and amend totals/title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

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

SECTION 19A--AMENDED AND DEBATE ADJOURNED

Rep. HARRELL proposed the following Amendment No. 7 (Doc Name P:\AMEND\008\P19ANTCR.008), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education, page 436, line 38, by adding an appropriately numbered paragraph to read:

/(sde-eia xc national board certification incentive) the funds appropriated in 19xc for national board certification incentive shall be used for reimbursement of the certification fee and a one time bonus to those teachers who successfully complete the certification process. Teachers who have become certified by the national board for professional teaching standards prior to June 30, 1998, and under contract to teach in South Carolina through 1998-99, are eligible to receive the one-time bonus./

Renumber sections and amend totals/title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Reps. NEAL and CROMER proposed the following Amendment No. 20 (Doc Name P:\AMEND\008\19ANEAL1.008), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education-EIA, page 436, line 38, by adding an appropriately numbered paragraph to read:

/(SDE-EIA: (XA-C.R. Neal Learning Center) Of the funds appropriated for Adult Education, $400,000 shall be used for the Richland School District One, C.R. Neal Learning Center./

Renumber sections and amend totals/title to conform.

Rep. NEAL explained the amendment.

Rep. HARRELL spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 60 to 20.

Rep. SHEHEEN proposed the following Amendment No. 3A (Doc Name G:\h-member\b21\amd3400.97), which was adopted.

Amend the bill, as and if amended, Part IB, Section 19A proviso by inserting at the end:

Provided, however, Personal service positions required by the Defined Minimum Program for South Carolina School Districts may only be filled by individuals receiving a W-2 (or other form should the Internal Revenue Service change the individual reporting form to another method) from the hiring public school district. Any public school district that hires a corporation, partnership, or any entity other than an individual to fill a position required by the Defined Minimum Program will have its EFA and/or its EIA allocation reduced by the amount paid to that corporation, partnership, or other entity. Compliance with this requirement will be made part of the single audit process of local public school districts as monitored by the State Department of Education.

Renumber sections and amend totals/title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

Reps. NEAL and CROMER proposed the following Amendment No. 40 (Doc Name P:\AMEND\008\19ANEAL2.008), which was tabled.

Amend the bill, as and if amended, Part IB, Section 19A, Department of Education-EIA, page 436, line 38, by adding an appropriately numbered paragraph to read:

/(SDE-EIA: (XA-C.R. Neal Learning Center), which was tabled. Of the funds appropriated for Parenting, $400,000 shall be used for the Richland School District One, C.R. Neal Learning Center./

Renumber sections and amend totals/title to conform.

Rep. NEAL explained the amendment.

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

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

SECTION 21

Section 21 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 18B

Section 18B was adopted.

SECTION 18C

Section 18C was adopted.

SECTION 18K

Section 18K was adopted.

SECTION 18M

Section 18M was adopted.

SECTION 18N

Section 18N was adopted.

SECTION 22

Section 22 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47--DEBATE ADJOURNED

Rep. KOON explained the section.

Rep. HODGES spoke upon the section.

Rep. ROBINSON spoke in favor of the section.

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

SECTION 48

Section 48 was adopted.

SECTION 4A--DEBATE ADJOURNED

Rep. QUINN explained the section.

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

SECTION 11

Rep. QUINN explained the section.

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 54

Section 54 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56

Rep. KEEGAN explained the section.

Section 56 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 65--DEBATE ADJOURNED

Rep. KEEGAN explained the section.

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

SECTION 69

Section 69 was adopted.

SECTION 5

Section 5 was adopted.

SECTION 6DD

Section 6DD was adopted.

SECTION 8

Section 8 was adopted.

SECTION 9

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17A--ADOPTED
POINT OF ORDER

Rep. HODGES raised a Point of Order that Section 17A was out of order as it was not germane.

Rep. ROBINSON argued contra in that the section does relate not only to the Budget and Control for information, but also to other agencies as well.

SPEAKER WILKINS stated that the section was a Part 1B proviso and was not as stringent a test as a Part 2 provision and that in using the substantial effect test, that you are required to use under Rule 5.3B, it met those requirements. He, therefore, overruled the Point of Order and ruled it germane.

Reps. HODGES and COBB-HUNTER proposed the following Amendment No. 37 (Doc Name P:\AMEND\006\17a5.006), which was tabled.

Amend the bill, as and if amended, Part IB, Section 17A, B&C Board, Division of Executive Director, pages 507-508, paragraph 5, lines 34-2, by striking:/ the proviso in its entirety./

Renumber sections and amend totals/title to conform.

Rep. HODGES explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HODGES continued speaking.

Rep. H. BROWN spoke against the amendment.

Rep. KIRSH spoke against the amendment.

Rep. QUINN moved to table the amendment.

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

The amendment was then tabled by a division vote of 58 to 10.

Section 17A was adopted.

SECTION 17B

Section 17B was adopted.

SPEAKER IN CHAIR
SECTION 17C--DEBATE ADJOURNED

Rep. J. SMITH proposed the following Amendment No. 11 (Doc Name P:\AMEND\007\F07paypl.007), which was tabled.

Amend the bill, as and if amended, Part IB, Section 17C, B&C Board, page 512, paragraph 10, line 17, by adding at the end:

/Provided however, that education and general employees of colleges, universities and technical colleges (excluding employees paid from federal grants and contracts and auxiliary and hospital funds) will be exempt from this ratio requirement./

Renumber sections and amend totals/title to conform.

Rep. J. SMITH explained the amendment.

Rep. BOAN spoke against the amendment.

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

Reps. PINCKNEY, SCOTT, BAXLEY and J. SMITH proposed the following Amendment No. 48 (Doc Name P:\AMEND\003\Statepay.003).

Amend the bill, as and if amended, Part IB, Section 17C , pages 512-513, paragraph 13, lines 27-10, by striking all references to /November 1/ and inserting /July 1///

Renumber sections and amend totals/title to conform.

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

SECTION 17D

Section 17D was adopted.

SECTION 17E

Section 17E was adopted.

SECTION 17F

Section 17F was adopted.

SECTION 17G

Section 17G was adopted.

SECTION 63

Section 63 was adopted.

SECTION 72--AMENDED AND ADOPTED

Rep. HARRISON proposed the following Amendment No. 22 (Doc Name P:\AMEND\006\72p40.006), which was tabled.

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 531, paragraph 40 (PORS Retirees Salary Limit), lines 20-26, by striking all references to /thirteen thousand five hundred/ and inserting /twenty-six thousand/

Renumber sections and amend totals/title to conform.

Rep. HARRISON explained the amendment.

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

Rep. CROMER proposed the following Amendment No. 33 (Doc Name P:\AMEND\005\72PAIR.005), which was adopted.

Amend the bill, as and if amended, Part IB, Section 72, , page 532, paragraph 42, line 02, by striking /AN APPROPRIATE/ and inserting /THE HIGHEST RANKING/

Amend the bill, as and if amended, Part IB, Section 72, , page 532, paragraph 42, line 16, 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 and amend totals/title to conform.

Rep. CROMER explained the amendment.

The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 8 (Doc Name P:\AMEND\008\P7254TEC.008), which was adopted.

Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 534, paragraph 54, line 24, by inserting:

/THE FUNDS APPROPRIATED FOR THE PURCHASE OF PERSONAL COMPUTERS, SOFTWARE, FILE SERVERS, ROUTERS FOR SCHOOLS AND RELATED TRAINING AND MATERIALS FOR TEACHERS AND TECHNICAL SUPPORT STAFF SHALL BE DISTRIBUTED TO EACH SCHOOL DISTRICT BASED ON A RATIO OF DISTRICT FREE AND REDUCED LUNCHES FOR FIRST THROUGH THIRD GRADES TO THE STATE TOTAL FREE AND REDUCED LUNCHES FOR FIRST THROUGH THIRD GRADES./

Renumber sections and amend totals/title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Section 72 as amended was adopted.

SECTION 73

Section 73 was adopted.

PART IA
SECTION 18A

Section 18A was adopted.

SECTION 20

Section 20 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 4A

Section 4A was adopted.

SECTION 34--DEBATE ADJOURNED

Rep. HODGES proposed the following Amendment No. 4 (Doc Name P:\AMEND\003\DPSGRNT3.003), which was tabled.

Amend the bill further, as and if amended, Part IA, Section 34, dept. Of public safety, page 281, immediately after line 25, By inserting a new line to read:

Column 5     Column 6

/COMMUNITY

POLICING GRANTS

PROGRAM     2,000,000     2,000,000

()     ()

Renumber sections and amend totals/title to conform.

Rep. HODGES explained the amendment.

Rep. QUINN spoke against the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 69; Nays 45

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Boan                   Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Cromer                 Dantzler
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Jordan
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limbaugh
Limehouse              Littlejohn             Loftis
Martin                 Mason                  McKay
McMaster               Meacham                Mullen
Neilson                Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, R.              Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--69

Those who voted in the negative are:

Bailey                 Battle                 Baxley
Bowers                 Breeland               Brown, G.
Brown, J.              Byrd                   Cave
Clyburn                Cobb-Hunter            Davenport
Delleney               Govan                  Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kennedy                Kinon                  Kirsh
Lee                    Lloyd                  Mack
Maddox                 McCraw                 McLeod
McMahand               Neal                   Parks
Phillips               Pinckney               Rhoad
Scott                  Sheheen                Smith, D.
Smith, F.              Smith, J.              Stille
Stoddard               Wilder                 Wilkes

Total--45

So, the amendment was tabled.

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

SECTION 41

Section 41 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 65--ADOPTED

Reps. KLAUBER and FLEMING proposed the following Amendment No. 63 (Doc Name P:\AMEND\004\65DSSROO.004), which was tabled.

Amend the bill, as and if amended, Part IA, Section 65, Employment Security Commission, page 334, line 31, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     250,554     250,554

()     ()

Amend the bill further, as and if amended, Part IA, Section 35, Department of Social Services, page 173, line 3, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     250,554     250,554

Renumber sections and amend totals/title to conform.

Rep. KLAUBER explained the amendment.

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

Section 65 was adopted.

SECTION 69

Section 69 was adopted.

SECTION 3G--ADOPTED

Debate was resumed on Section 3G.

Section 3G was adopted.

SECTION 6A

Section 6A was adopted.

SECTION 6C

Section 6C was adopted.

SECTION 10

Section 10 was adopted.

SECTION 17A

Section 17A was adopted.

SECTION 17B

Section 17B was adopted.

SECTION 17C

Section 17C was adopted.

SECTION 63

Section 63 was adopted.

IB
SECTION 19--ADOPTED

Debate was resumed on Section 19.

Section 19 was adopted.

SECTION 19A--ADOPTED

Debate was resumed on Section 19A.

Section 19A was adopted.

SECTION 18A--DEBATE ADJOURNED

Rep. HODGES proposed the following Amendment No. 23 (Doc Name P:\AMEND\007\18AHEPI.007), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 18A, CHE, page 444, paragraph 26, line 29, by adding an appropriately numbered paragraph to read:

/The boards of trustees of the State's colleges and universities shall limit increases to the prior 2 year average of the Higher Education Price Index rate for instate undergraduate students at colleges and universities when considering such increases in Education and General Operation fees for the current school year./

Renumber sections and amend totals/title to conform.

Rep. HODGES explained the amendment.

POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 23 was not germane.

SPEAKER WILKINS sustained the Point of Order and ruled it out of order.

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

SECTION 20

Section 20 was adopted.

SECTION 30--AMENDED AND DEBATE ADJOURNED

Rep. SHARPE proposed the following Amendment No. 19 (Doc Name P:\AMEND\002\SUPERB2.002), which was adopted.

Amend the bill, as and if amended, Part IB, Section 30, Dept. Of Health & Environmental Control, page 459, line 30, by adding an appropriately numbered paragraph to read:

/The Department of Health and Environmental Control should initiate actions in FY 1997-98, to ensure the availability of accurate and complete tank population and financial data, that are necessary to complete a report by March 1999, to the State Reorganization Commission, for the purpose of determining whether or continued funding from the State Underground Petroleum Environmental Response Bank (SUPERB) thru December 31, 2026 for eligible owners of underground storage tank owners, is in the best interest of the State. The Department should begin to collect accurate and complete information addressing the financial status of the SUPERB Account and the State Financial Responsibility Fund (SFRF) Account, including detailed information regarding the status of reported releases in terms of completed and on-going work. Information should be such that the Department is able to determining whether the SUPERB and SFRF Funds are actuarially sound and that revenues are sufficient to address needed site rehabilitation and third party claims, such that the Department is able to continue funding the most serious and highest ranked projects as determined using the Risk Based Corrective Action ranking system. The Department's actions should also result in compiling accurate and complete information regarding the State's tank population, in terms of the extent to which the tank population meets Environmental Protection Agency standards which become effective December 1998; the number of registered tanks in the state; the number of registered tanks per location, per owner; and the availability and affordability of private insurance for owners of underground storage tank owners./

Renumber sections and amend totals/title to conform.

Rep. SHARPE explained the amendment.

The amendment was then adopted.

Rep. SHARPE proposed the following Amendment No. 34 (Doc Name P:\AMEND\002\SUPERB.002), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 30, Dept. Of Health and Environmental Control, page 459, line 30, by adding an appropriately numbered paragraph to read:

/The Department of Health and Environmental Control should submit a report to the House Ways and Means Committee and the Senate Finance Committee no later than January 1, 1998, detailing each release for which the Department denied funding from the State Underground Petroleum Environmental Response Bank Account; the outcome of each decision in which a funding denial was appealed; and the reasoning, in each case, where the Department's decision to deny funding was overruled on appeal./

Renumber sections and amend totals/title to conform.

Rep. SHARPE explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 34 was not germane.

SPEAKER WILKINS sustained the Point of Order and ruled it out of order.

Reps. SHEHEEN, McLEOD and COBB-HUNTER proposed the following Amendment No. 54 (Doc Name G:\h-member\b21\amd3400.5), which was rejected.

Part 1B, Section 30 by adding a new paragraph at the end to read:

During the fiscal year 1997-98 Notwithstanding Sections 44-56-170 (C) and (E) a hazardous waste disposal fee of Twenty additional Dollars (in addition to the fee imposed in the section) is assessed and to be collected by the person who disposes of the hazardous waste in this state and that addition fee must be transferred to the general fund and the treasurer shall make payment to the department of education for use in funding full day kindergarten.

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

LEAVE OF ABSENCE

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

Rep. SHEHEEN continued speaking.

Rep. KNOTTS moved to table the amendment.

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

Yeas 53; Nays 54

Those who voted in the affirmative are:

Bailey                 Barrett                Bauer
Beck                   Brown, H.              Campsen
Cato                   Cave                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Jordan                 Keegan
Kelley                 Klauber                Knotts
Koon                   Law                    Leach
Limbaugh               Loftis                 Mason
McKay                  McMaster               Meacham
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Smith, R.
Townsend               Tripp                  Trotter
Vaughn                 Webb                   Wilkins
Woodrum                Young-Brickell

Total--53

Those who voted in the negative are:

Allison                Barfield               Battle
Baxley                 Boan                   Bowers
Breeland               Brown, G.              Brown, J.
Byrd                   Clyburn                Cromer
Davenport              Delleney               Govan
Hawkins                Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Kennedy                Kirsh                  Lanford
Lee                    Limehouse              Littlejohn
Lloyd                  Mack                   Maddox
Martin                 McCraw                 McLeod
McMahand               Mullen                 Neal
Neilson                Parks                  Phillips
Pinckney               Scott                  Seithel
Sheheen                Simrill                Smith, F.
Smith, J.              Stille                 Stoddard
Stuart                 Walker                 Whatley
Wilder                 Witherspoon            Young

Total--54

So, the House refused to table the amendment.

Rep. HASKINS spoke against the amendment.

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

Rep. KOON spoke against the amendment.

Rep. SHEHEEN spoke in favor of the amendment.

LEAVE OF ABSENCE

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

Rep. SHEHEEN continued speaking.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KNOTTS a leave of absence for the remainder of the day to attend an American Legion Post 79 dedication with Lieutenant Governor Peeler.

Rep. HARRELL spoke against the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. COTTY spoke against the amendment.

Rep. McLEOD spoke in favor of the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. ROBINSON spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 43; Nays 63

Those who voted in the affirmative are:

Barfield               Battle                 Baxley
Boan                   Bowers                 Breeland
Brown, G.              Byrd                   Clyburn
Cobb-Hunter            Cromer                 Delleney
Govan                  Hawkins                Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Kennedy                Kirsh
Lanford                Lee                    Limehouse
Lloyd                  Maddox                 McCraw
McLeod                 McMahand               Mullen
Neal                   Neilson                Pinckney
Scott                  Sheheen                Smith, F.
Smith, J.              Stille                 Stoddard
Stuart                 Wilder                 Witherspoon
Young

Total--43

Those who voted in the negative are:

Allison                Altman                 Bailey
Barrett                Bauer                  Beck
Brown, H.              Campsen                Cato
Cave                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Jordan                 Keegan
Kelley                 Klauber                Koon
Law                    Leach                  Limbaugh
Littlejohn             Loftis                 Martin
Mason                  McKay                  McMaster
Meacham                Parks                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, R.              Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilkins                Woodrum                Young-Brickell

Total--63

So, the amendment was rejected.

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

SECTION 25--ADOPTED

Rep. KIRSH proposed the following Amendment No. 71 (Doc Name P:\AMEND\005\25P4CRR.005), which was tabled.

Amend the bill, as and if amended, Part IB, Section 25, Confederate Relic Room and Museum, page 468, paragraph 4, line 39-40, by striking:/Executive Director/and inserting/ members/

Amend the bill, as and if amended, Part IB, Section 25, Confederate Relic Room and Museum, page 468, paragraph 4, line 40, by striking /his/ and inserting /their/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. KOON moved to table the amendment.

SPEAKER PRO TEMPORE IN CHAIR

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

Yeas 60; Nays 34

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Boan
Brown, H.              Cato                   Chellis
Cooper                 Cotty                  Cromer
Easterday              Edge                   Felder
Fleming                Gamble                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Jordan                 Keegan
Kelley                 Klauber                Koon
Lanford                Law                    Leach
Limbaugh               Limehouse              Littlejohn
Maddox                 Martin                 Mason
McKay                  McMaster               Mullen
Neilson                Parks                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Smith, R.              Stuart                 Townsend
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilkins
Witherspoon            Woodrum                Young

Total--60

Those who voted in the negative are:

Altman                 Bailey                 Battle
Baxley                 Bowers                 Breeland
Brown, G.              Byrd                   Campsen
Clyburn                Dantzler               Davenport
Delleney               Hines, J.              Hines, M.
Hodges                 Kirsh                  Lee
Loftis                 Mack                   McCraw
McLeod                 McMahand               Meacham
Pinckney               Quinn                  Seithel
Simrill                Smith, F.              Smith, J.
Stille                 Stoddard               Wilder
Young-Brickell

Total--34

So, the amendment was tabled.

Section 25 was adopted.

SECTION 26--DEBATE ADJOURNED

Reps. HARRISON and QUINN proposed the following Amendment No. 14 (Doc Name P:\AMEND\005\26p5lib.005).

Amend the bill, as and if amended, Part IB, Section 26, State Library, page 469, paragraph 5, line 20-22, by striking:/ the proviso in its entirety./

Renumber sections and amend totals/title to conform.

Rep. HARRISON explained the amendment.

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

SPEAKER IN CHAIR

Rep. RHOAD moved that the House do now adjourn.

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

Yeas 38; Nays 63

Those who voted in the affirmative are:

Bailey                 Bowers                 Breeland
Byrd                   Cave                   Clyburn
Cobb-Hunter            Davenport              Delleney
Govan                  Hines, J.              Hines, M.
Inabinett              Kennedy                Kirsh
Lanford                Lee                    Littlejohn
Lloyd                  Mack                   McCraw
McLeod                 McMahand               McMaster
Neal                   Parks                  Phillips
Pinckney               Rhoad                  Rodgers
Scott                  Sheheen                Smith, F.
Smith, J.              Stille                 Stoddard
Trotter                Wilder

Total--38

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Battle                 Bauer
Baxley                 Beck                   Boan
Brown, G.              Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Cromer                 Dantzler
Easterday              Edge                   Felder
Gamble                 Hamilton               Harrell
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Klauber
Koon                   Law                    Leach
Limbaugh               Limehouse              Loftis
Maddox                 Martin                 Mason
McKay                  Meacham                Mullen
Neilson                Quinn                  Rice
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith, R.              Stuart                 Tripp
Vaughn                 Walker                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--63

So, the House refused to adjourn.

SECTION 44--DEBATE ADJOURNED

Reps. BAXLEY, JENNINGS and NEILSON proposed the following Amendment No. 55 (Doc Name P:\AMEND\005\44p4ftp3.005).

Amend the bill, as and if amended, Part IB, Section 44, Forestry Commission, page 471, paragraph 4, line 18-26, by striking: /Proviso in its entirety/

Renumber sections and amend totals/title to conform.

Rep. BAXLEY explained the amendment.

Rep. KOON spoke against the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. LIMBAUGH spoke in favor of the amendment.

Rep. KENNEDY spoke against the amendment.

Rep. BOAN spoke against the amendment.

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

SECTION 47--ADOPTED

Debate was resumed on Section 47.

Reps. HARRISON, QUINN and BAUER proposed the following Amendment No. 53 (Doc Name P:\AMEND\005\47PWRRC2.005), which was tabled.

Amend the bill, as and if amended, Part IB, Section 47, Dept. Of Natural Resources, page 474, line 6, by adding an appropriately numbered section to read:

/Of the funds allocated to the water recreational resources fund for Richland & Lexington Counties, $60,000 from each county's water recreational resources fund shall be used for renovation of the lake murray tourism visitors center./

Renumber sections and amend totals/title to conform.

Rep. QUINN explained the amendment.

Rep. KOON spoke against the amendment.

POINT OF ORDER

Rep. KOON raised the Point of Order that Amendment No. 53 was not germane.

Rep. QUINN argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. BAUER spoke in favor of the amendment.

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

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Paragraph 13 of page 473 of Section 47 was not germane in that there were no funds in the front of the Appropriations Bill that related to land acquisitions.

SPEAKER WILKINS stated that based on a March 6, 1995 precedence that a Part 1B proviso does not have to relate to a specific line item in Part 1A unlike Part 2. He therefore overruled the Point of Order.

Section 47 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 68B

Section 68B was adopted.

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

MOTION NOTED

Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 21, 23, 36, 18A, 18B, 18MA, 18MB, 18MC, 20, 22, 29, 30, 32, 33, 37, 24, 25, 26, 27, 28, 38, 44, 45, 46, 47, 48, 52, 4A, 6B, 11, 12, 13, 41, 42, 43, 39, 40, 54, 55, 56, 57, 58, 59, 60, 61, 62, 65, 69, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 5, 6A, 6C, 6D, 7, 8, 9, 10, 15, 16, 17A, 17B, 17C, 17D, 17E, 17F, 17G, 63, 64, 66, 67, 67A. Part IB, Sections 1, 1A, 2, 2A, 19, 19A, 21, 23, 36, 18B, 18C, 18K, 18M, 18N, 20, 22, 29, 31, 32, 33, 37, 24, 25, 27, 28, 38, 45, 46, 47, 48, 50, 11, 12, 14, 41, 42, 39, 40, 54, 55, 56, 59, 60, 61, 62, 69, 5, 6DD, 8, 9, 10, 15, 16, 17A, 17B, 17D, 17E, 17F, 17G, 63, 68B, 72 and 73 were adopted and the motion was noted.

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

ADJOURNMENT

At 7:30 P.M. the House in accordance with the motion of Rep. LIMEHOUSE adjourned in memory of former Rep. Theodore B. Guerard of Charleston, to meet at 9:30 A.M. tomorrow.

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