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

MONDAY, MARCH 2, 1998

Monday, March 2, 1998
(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:

Gracious Lord, we thank You for sound and silence, for work and leisure, for changing skies, singing birds and wind swept fields. We are glad to know that in a world of sickness there is healing; in a world of tears there is laughter; in a world of hurt and sorrow there is love and comfort. Forgive us for failing to be as charitable in our dealing with others as we are in dealing with ourselves. Help us to see in all people the very image of God, as children, all, of the heavenly Father.

Lord, in Your mercy, be merciful to us. 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. CARNELL moved that when the House adjourns, it adjourn in memory of Joe Aaron Ware of Ware Shoals, which was agreed to.

REGULATION WITHDRAWN AND RESUBMITTED

The following was received.

Document No. 2203
Promulgated By Department of Labor, Licensing and Regulation - Board of Dentistry
Statutory Authority: 1976 Code Section 40-15-140
Continuing Education
Received By Speaker August 26, 1997
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Period Expiration Date May 12, 1998
Revised May 14, 1998
Withdrawn and Resubmitted February 26, 1998

H. 3337--COMMITTEE OF CONFERENCE APPOINTED

The following was received from the Senate.

MESSAGE FROM THE SENATE

Columbia, S.C., February 26, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3337:
H. 3337 -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.
Very respectfully,
President

On motion of Rep. HARRISON, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. YOUNG, McMASTER and DELLENEY to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

INTRODUCTION OF BILLS

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

H. 4739 -- Reps. Simrill and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2946 SO AS TO PROVIDE THE PROCEDURES AND CIRCUMSTANCES UNDER WHICH BLOOD TESTS OF A DEFENDANT'S BLOOD OBTAINED AND TESTED BY MEDICAL PERSONNEL SHALL BE ACCEPTED INTO EVIDENCE IN THIS STATE IN DUI AND FELONY DUI CASES.

Referred to Committee on Judiciary.

S. 276 -- Senators Leventis, Reese, McConnell, Glover, Ravenel, Rose, O'Dell, Courson, Russell, Giese, Hutto, Passailaigue and Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-210 SO AS TO MAKE IT UNLAWFUL TO GIVE AWAY A LIVE ANIMAL AS A PRIZE FOR, OR AS AN INDUCEMENT TO ENTER, ANY CONTEST, GAME, OR OTHER COMPETITION, OR AS AN INDUCEMENT TO ENTER A PLACE OF AMUSEMENT, OR AS AN INCENTIVE TO ENTER INTO ANY BUSINESS AGREEMENT IF THE OFFER MADE WAS FOR THE PURPOSE OF ATTRACTING TRADE, AND PROVIDE FOR PENALTIES, EXCEPTIONS, AND RELATED MATTERS.

Referred to Committee on Judiciary.

S. 1063 -- Senators Martin and Alexander: A BILL TO PROVIDE FOR AN ADVISORY ELECTION AMONG PICKENS COUNTY VETERANS TO NOMINATE A CANDIDATE TO THE PICKENS COUNTY LEGISLATIVE DELEGATION FOR RECOMMENDATION TO THE STATE DIRECTOR OF VETERANS' AFFAIRS FOR APPOINTMENT AS PICKENS COUNTY VETERANS AFFAIRS OFFICER.

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

ROLL CALL

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

Allison                Barfield               Barrett
Battle                 Bauer                  Beck
Boan                   Bowers                 Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Campsen                Carnell
Cato                   Cave                   Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Delleney
Edge                   Fleming                Gamble
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Haskins
Hines, J.              Hinson                 Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Knotts
Koon                   Leach                  Lee
Limehouse              Littlejohn             Lloyd
Maddox                 Mason                  McAbee
McCraw                 McGee                  McKay
McLeod                 McMahand               McMaster
Meacham                Miller                 Mullen
Neal                   Neilson                Phillips
Pinckney               Quinn                  Rhoad
Rice                   Rodgers                Sandifer
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, J.              Smith, R.
Spearman               Stoddard               Stuart
Trotter                Vaughn                 Walker
Webb                   Whatley                Wilder
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 2.

Converse A. Chellis III           John G. Altman III
John David Hawkins                Curtis B. Inabinett
Dwight A. Loftis                  John W. Riser
C. Anthony Harris, Jr.            George H. Bailey
Daniel L. Tripp                   G. Ralph Davenport, Jr.
James N. Law                      Timothy C. Wilkes
Becky Rogers Martin               Ralph W. Canty
John G. Felder                    David James Mack III
Michael E. Easterday              James S. Klauber
Douglas Jennings, Jr.             J. Michael Baxley
Leon Howard                       Harry C. Stille
Alfred B. Robinson, Jr.           Grady A. Brown
Steve P. Lanford                  Ronald P. Townsend
Jerry N. Govan, Jr.
Total Present--119

LEAVES OF ABSENCE

The SPEAKER granted Reps. MOODY-LAWRENCE and ASKINS a leave of absence for the day.

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

H. 4661--CO-SPONSOR ADDED

In accordance with House Rule 5.2 below:

"5.2     Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

Bill Number:         H. 4661

DATE                 ADD:

3-2-98                     Edith Martin Rodgers

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 964 -- Senator Washington: A BILL TO AMEND ACT 278 OF 1985, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO ESTABLISH SINGLE MEMBER DISTRICTS AND TO PROVIDE FOR ELECTIONS.

ORDERED TO THIRD READING

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

H. 4725 -- Reps. Cato and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR DISBURSEMENT OF EXCESS FUNDS COLLECTED BY THE UPPER GREENVILLE COUNTY HOSPITAL DISTRICT BY WAY OF GENERAL OBLIGATION BONDS AUTHORIZED BY ACT 744 OF 1967 AND ACT 1533 OF 1968 UPON HOLDING OF A PUBLIC HEARING AND APPROVAL OF THE DISBURSEMENT PLAN BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.

H. 4736 -- Reps. A. Harris, Neilson, Jennings and Baxley: A BILL TO PROVIDE FOR THE PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO REPEAL ACT 235 OF 1981, RELATING TO PER DIEM AND MILEAGE FOR MEMBERS OF THE BOARD OF THE CHESTERFIELD COUNTY SCHOOL DISTRICT.

S. 835 -- Senators Peeler and Reese: A BILL TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.

Rep. WITHERSPOON explained the Bill.

H. 4699 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES: RED-COCKADED WOODPECKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2251, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Rep. WITHERSPOON explained the Joint Resolution.

H. 4589--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted.

H. 4589 -- Reps. Klauber, Hawkins, Cato and Gamble: A BILL TO AMEND SECTION 12-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "POLITICAL SUBDIVISION" TO INCLUDE THE SOUTH CAROLINA ASSOCIATION OF HOUSING AUTHORITY EXECUTIVE DIRECTORS.

H. 3758--DEBATE ADJOURNED

Rep. CAVE moved to adjourn debate upon the following Bill until Tuesday, March 10, which was adopted.

H. 3758 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.

SPEAKER PRO TEMPORE IN CHAIR
H. 4438--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

H. 4438 -- Reps. Davenport, Knotts and Limehouse: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.

The Labor Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1723JM.98), which was adopted.

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

/SECTION     1.     Section 6-9-60 of the 1976 Code, as last amended by Act 123 of 1997, is further amended to read:

"Section 6-9-60.     (A)     Within the South Carolina Building Codes Council there shall be a Codes Advisory Committee, elected by the council, composed of the building official member of the South Carolina Building Codes Council, the residential home builder member of the Building Codes Council, the general contractor member of the Building Codes Council, the structural engineer member of the Building Codes Council, and the State Fire Marshal's representative on the Building Codes Council. The committee shall review model codes and any new editions or amendments of the model codes and make recommendations to the Building Codes Council regarding those codes. The Building Codes Council is authorized to approve and adopt those codes for use, reject those codes in whole or in part, or approve continued use of sections of earlier versions of the codes which had been previously approved and adopted. Except as may be provided in this section, local jurisdictions may only adopt the version of the code approved by the Building Codes Council.

(B)     Municipalities and counties may adopt by reference only those provisions of the latest editions of the following nationally known codes and the standards referenced in the codes for regulation of construction which directly relate to building and safety standards within their respective jurisdictions: Standard Housing Code,; Standard Existing
Building Code,; Standard Swimming Pool Code,; the Standard Excavation and Grading Code, as published by the Southern Building Code Congress International, Inc.,; and the One and Two Family Dwelling Code, as published by the Council of American Building Officials; and the International Residential Code and the International Building Code, both as published by the International Code Congress. The appendixes of the codes provided in this section may be adopted as needed by a municipality or county, but this fact must be referenced by name or letter designation in the adopting ordinance. However, the provisions of the codes referenced in this section which concern the qualification, removal, dismissal, duties, responsibilities of, and administrative procedures for all building officials, deputy building officials, chief inspectors, other inspectors, and assistants do not apply unless they have been adopted by the municipal or county governing body. If a county or municipality adopts the One and Two Family Dwelling Code, the One and Two Family Dwelling Code shall take precedence over the Standard Building Code for dwellings as defined in the Standard Building Code. If a municipality or county contends that the codes authorized by this chapter do not meet its needs due to local physical or climatological conditions, the variations and modifications must be submitted for approval to the South Carolina Building Codes Council of fifteen members which is established in this section.

(B)(C)     Members of the council must be appointed by the Governor for terms of four years each and until a successor is appointed and qualifies. The council shall consist of (1) an architect registered in South Carolina, (2) a municipal or county administrator, manager, or elected official, (3) a county administrator, manager, or elected official, (4) a representative of the electrical industry who is either an engineer or master electrician registered in South Carolina, (5)(4) a general contractor licensed in South Carolina, (6)(5) a residential home builder licensed in South Carolina, (7)(6) a disabled person, (8)(7) a representative of the mechanical and gas industries who is either an engineer registered in South Carolina or a master mechanic, (9)(8) a representative of the plumbing industry who is either an engineer registered in South Carolina or a master plumber, (10)(9) a representative designated by the State Engineer of the Budget and Control Board, (11)(10) a structural engineer registered in South Carolina, (12)(11) a representative of the general public who is not in the practice of home or safety inspection, construction, or building, who does not have any financial interest in these professions, and who does not have any immediate family member in these professions, (13)(12) a representative designated by the State Fire Marshal, (14)(13) a representative from the Manufactured Housing Institute of South Carolina who shall serve as a nonvoting member, and (15)(14) a representative designated by the Director of the State Energy Office of the Budget and Control Board who shall serve as a nonvoting member, and (15) a building official. A vacancy must be filled in the manner of the original appointment for the unexpired portion of the term. The primary function of the council is to decide to what extent a jurisdiction may vary from the series of codes listed in this chapter in the establishment of construction standards. The council shall monitor the adoption of building codes by municipalities and counties to ensure compliance with this chapter. Members of the council shall receive mileage, subsistence, and per diem as provided for other state boards, committees, or commissions for attendance at board meetings called by the chairman. The council shall elect from its members a chairman, vice-chairman, and secretary. The council shall adopt regulations consistent with this chapter. Meetings may be called by the chairman on his own initiative and must be called by him at the request of three or more members of the council. All members must be notified by the chairman in writing of the time and place of meeting at least seven days in advance of the meeting. Seven Eight members constitute a quorum. All meetings are open to the public. At least two-thirds vote of those members in attendance at the meeting constitutes an official decision of the council."

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

Amend title to conform.

Rep. BAILEY explained the amendment.

The amendment was then adopted.

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

H. 4360--DEBATE ADJOURNED

Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted.

H. 4360 -- Reps. Limehouse, Wilkins, Allison, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Walker, Easterday, Mason and Young-Brickell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.

H. 4701--DEBATE ADJOURNED

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

H. 4701 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS OF SURPLUS GENERAL FUND REVENUES AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-1770 SO AS TO ESTABLISH WITHIN THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE A DOWNTOWN REDEVELOPMENT GRANT PROGRAM FOR THE PURPOSE OF REVITALIZING AND ENHANCING THE VIABILITY OF DOWNTOWN AREAS THROUGH PARTNERSHIPS OF MUNICIPAL GOVERNMENT, COUNTY GOVERNMENT, AND PRIVATE INVESTORS AND TO PROVIDE MINIMUM CRITERIA FOR AWARDING THIS GRANT.

H. 4702--DEBATE ADJOURNED

Rep. H. BROWN moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.

SPEAKER IN CHAIR
S. 873--AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up.

S. 873 -- Senator Drummond: A BILL TO PROVIDE THAT THE GREENWOOD COUNTY ELECTION COMMISSION SHALL BE RESPONSIBLE FOR CONDUCTING AND CERTIFYING THE RESULTS OF ELECTIONS FOR SCHOOL TRUSTEES FOR SCHOOL DISTRICT 51 COMPOSED OF AREAS IN ABBEVILLE, GREENWOOD, AND LAURENS COUNTIES, AND NINETY-SIX SCHOOL DISTRICT 52 IN GREENWOOD COUNTY, EXCEPT THAT IN SCHOOL DISTRICT 51 THESE FUNCTIONS SHALL BE PERFORMED WITH THE ELECTION COMMISSIONS OF THE OTHER COUNTIES IN THIS SCHOOL DISTRICT.

Reps. CARNELL, KLAUBER and McABEE proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5287HTC.98), which was adopted.

Amend the bill, as and if amended, in SECTION 1, page 1, line 33, by inserting before the period /and Greenwood county voting machines may be used in polling places in Abbeville and Laurens counties for conducting these elections/.

Amend title to conform.

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

S. 873--ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CARNELL, with unanimous consent, it was ordered that S. 873 be read the third time tomorrow.

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate.

H. 3842 -- Reps. Wilkins, J. Smith, McMaster, Beck, Hawkins, Delleney, Cromer, Davenport, Young-Brickell, Keegan, Allison, Fleming, Barfield, Jennings, Kelley, Loftis, Hamilton, Sharpe, Limbaugh, Mason, Sandifer, Meacham, McCraw, Hinson, Harrison, Knotts, Harrell, Simrill, Haskins, Cooper, Cato, Walker, Woodrum, Rodgers, Easterday, Klauber, Chellis, Mullen, Littlejohn, Stuart, Whatley, Trotter, Barrett, Hodges, Riser, Leach, Rice, Robinson, McLeod and Campsen: A BILL TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2, SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH MINORS, SO AS TO PROVIDE PENALTY PROVISIONS AND MAKE TECHNICAL CHANGES; TO AMEND SECTION 16-3-1075, RELATING TO FELONY CARJACKING, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-11-110, AS AMENDED, RELATING TO ARSON, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 16-15-140, AS AMENDED, RELATING TO COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS, AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE", AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR GOOD BEHAVIOR TO THREE DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN OFF HIS SENTENCE FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR ANY CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT OF TWENTY YEARS OR MORE MUST COMPLETE NOT MORE THAN TWO YEARS OF COMMUNITY SUPERVISION AS A PART OF HIS SENTENCE, AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR VIOLATING THE DRIVING UNDER THE INFLUENCE PROVISIONS, SO AS TO REVISE THE PENALTIES; TO AMEND SECTION 56-5-2945, AS AMENDED, RELATING TO CAUSING GREAT BODILY INJURY OR DEATH BY OPERATING A VEHICLE WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL, SO AS TO REVISE THE PENALTY; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110, RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100, RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

MOTION ADOPTED

Rep. H. BROWN moved that H. 4702, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 97-98, be set for Special Order immediately after third reading of H. 4700, and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 4702, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 97-98, the Bills on the Calendar be printed by number only, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that H. 4701, the Supplemental Appropriation Bill, be set for Special Order immediately after second reading of H. 4702, the 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. 4701, the Supplemental Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.

H. 4700--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 4700 -- 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, I 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, H. 4700.

PART IA
SECTION 1

Section 1 was adopted.

SECTION 2

Section 2 was adopted.

SECTION 3

Section 3 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5A

Rep. BOAN explained the section.

Section 5A was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5MC

Section 5MC was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 9

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26

Section 26 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 30--AMENDED AND ADOPTED

Rep. QUINN proposed the following Amendment No. 16 (Doc Name P:\AMEND\003\2caftrav.003), which was adopted.

Amend the bill, as and if amended, Part IA, Section 30, Judicial Dept., page 229, line 21, opposite /OTHER OPERATING EXPENSES/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     48,000     48,000

()     ()

Amend the bill further, as and if amended, Part IA, Section 30, JUDICIAL DEPT., page 229, line 33, opposite /TRAVEL/ by increasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     48,000     48,000

()     ()

Renumber sections and amend totals/title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

Rep. QUINN explained the section.

Section 30 as amended was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 52

Rep. KEEGAN explained the section.

Section 52 was adopted.

SECTION 54A

Rep. ROBINSON explained the section.

Section 54A was adopted.

SECTION 54B

Rep. ROBINSON explained the section.

Section 54B was adopted.

SECTION 54C

Section 54C was adopted.

SECTION 54D

Section 54D was adopted.

SECTION 54E

Section 54E was adopted.

SECTION 54F

Section 54F was adopted.

SECTION 54G

Section 54G was adopted.

SECTION 55

Section 55 was adopted.

SECTION 57

Section 57 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 63C

Section 63C was adopted.

SECTION 63E

Section 63E was adopted.

SECTION 63H

Section 63H was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67

Section 67 was adopted.

SECTION 69A

Section 69A was adopted.

SECTION 69B

Section 69B was adopted.

PART IB
SECTION 5C

Section 5C was adopted.

SECTION 5K

Section 5K was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 9

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26

Rep. KOON explained the section.

Section 26 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 32

Rep. QUINN explained the section.

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Rep. KEEGAN explained the section.

Section 50 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 55

Section 55 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 63B

Section 63B was adopted.

SECTION 63C--DEBATE ADJOURNED

Rep. ALTMAN proposed the following Amendment No. 9 (Doc Name P:\AMEND\DKA\4832MM.98), which was ruled out of order.

Amend the bill, as and if amended, Part IB, SECTION 63C-F09-BUDGET AND CONTROL BOARD, BUDGET AND ANALYSES, page 482, line 16, by adding at the end:

/Nothing in this paragraph may be construed to allow an agency, department, institution, activity, program, item, special appropriation, or allocation which is funded by this general appropriation bill or special act hereafter to use race, color, ethnicity, or national origin as a criterion for either discriminating against or granting preferential treatment to any individual or group in its operation or utilization of those funds. Any survey by the State Budget and Control Board of the progress of the collection of revenue and expenditure of funds pursuant to this paragraph must include a verification that state-appropriated funds are not being used to discriminate or grant preferential treatment based on any of these criteria./

Renumber sections to conform.

Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 9 was out of order in that it was not germane to the Bill.

Rep. ALTMAN argued contra in that the amendment effected every line item in the budget.

Rep. SCOTT stated that the amendment referred to preferential race and not the general appropriations of the Bill. He questioned where the amendment actually would fit in.

Rep. COBB-HUNTER stated that the amendment was too broad and relative. She stated further that if you looked at the wording of the amendment, the Budget and Control Board and the Budget and Analysis is referenced in the title of the amendment, which would require and effect spending outside of the domain of the title and therefore would make the amendment non-germane. She stated that the allocations may be mandated by federal legislation and as a result cannot be effected by a proviso that may be passed.

Rep. BAXLEY stated that the amendment was not germane in that it was too broad and not relevant to the Bill.

SPEAKER WILKINS stated that under Rule 5.3 the amendment was germane to the Bill and therefore overruled the Point of Order.

Rep. COBB-HUNTER spoke against the amendment.

POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that Amendment No. 9 was not germane to the proviso it sought to amend in the Bill. He stated further that the proviso deals with mid-year deficits, budget reductions and the requirements of the Budget and Control Board to correct a mid-year deficit and an unbalanced budget. He stated that when a section or proviso is amended what is amended should relate to the proviso as well as the money appropriated.

Rep. HASKINS stated that according to Section 402, Subsection 1 of Mason's Manual, every amendment proposed must be germane to the subject of the proposition or to the section or paragraph to be amended, and an amendment is not in order which is not germane to the question to be amended. He stated further that in this case the amendment being proposed was being proposed to a particular section of the budget and was not germane to the section. He agreed that the amendment was out of order, but if the amendment added a new section, it would be in order.

Rep. JENNINGS stated that the substantial effect of the amendment is civil rights and did not have the same substantial effect as the proviso.

SPEAKER WILKINS stated that the amendment sought to amend a particular paragraph in the Bill and was not germane to the paragraph it attempted to amend. He stated that he was not overruling the prior Point of Order where he ruled the amendment to be germane to the Bill, but was ruling on the paragraph it sought to amend. He therefore sustained the Point of Order and ruled the amendment out of order.

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

SECTION 63E

Section 63E was adopted.

SECTION 63G

Section 63G was adopted.

SECTION 63H

Section 63H was adopted.

SECTION 69A

Section 69A was adopted.

IA
SECTION 5C--ADOPTED

Rep. STILLE proposed the following Amendment No. 47 (Doc Name P:\AMEND\007\redcitad.007), which was tabled.

Amend the bill, as and if amended, Part IA, Section 5C, THE CITADEL, page 36, line 11, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     527,930     527,930/

Amend the bill further, as and if amended, page 40, immediately after line 6, By inserting a new line to read:

Column 5     Column 6

/UNDERGRADUATE TUITION REDUCTION FUND

527,930     527,930/

Amend the bill further, as and if amended, page 39, line 39, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     131,983     131,983 /

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. STILLE continued speaking.

SPEAKER IN CHAIR

Rep. STILLE continued speaking.

Rep. BOAN spoke against the amendment.

Rep. STILLE spoke in favor of the amendment.

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

Section 5C was adopted.

SECTION 5D--ADOPTED

Rep. STILLE proposed the following Amendment No. 48 (Doc Name P:\AMEND\007\REDCLEM.007), which was tabled.

Amend the bill, as and if amended, Part IA, Section 5D, CLEMSON, page 41, line 6, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     3,732,960     3,732,960 /

Amend the bill further, as and if amended, page 41, immediately after line 10, By inserting a new line to read:

Column 5     Column 6

/SPECIAL ITEMS:

UNDERGRADUATE TUITION REDUCTION FUND

3,732,960     3,732,960 /

Amend the bill further, as and if amended, page 47, line 23, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     933,240     933,240 /

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. STILLE spoke in favor of the amendment.

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

Section 5D was adopted.

SECTION 5E

Section 5E was adopted.

SECTION 5F

Section 5F was adopted.

SECTION 5G

Section 5G was adopted.

SECTION 5H

Section 5H was adopted.

SECTION 5J

Section 5J was adopted.

SECTION 5KA--ADOPTED

Rep. STILLE proposed the following Amendment No. 54 (Doc Name P:\AMEND\007\REDUSCCO.007), which was tabled.

Amend the bill, as and if amended, Part IA, Section 5KA, USC - COLUMBIA, page 67, line 8, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     15,676,524     15,676,524 /

Amend the bill further, as and if amended, page 67, immediately after line 19, By inserting a new line to read:

Column 5     Column 6

/UNDERGRADUATE TUITION REDUCTION FUND

15,676,524     15,676,524 /

Amend the bill further, as and if amended, page 69, line 12, opposite /A. STATE EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/     3,919,131     3,919,131/

Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

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

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

Yeas 88; Nays 16

Those who voted in the affirmative are:

Allison                Altman                 Bailey
Barfield               Battle                 Bauer
Baxley                 Beck                   Boan
Bowers                 Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Campsen                Canty
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cotty
Cromer                 Delleney               Easterday
Edge                   Fleming                Gourdine
Govan                  Harrell                Harris
Harrison               Harvin                 Hawkins
Hines, J.              Hinson                 Howard
Inabinett              Jennings               Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limehouse              Lloyd
Mack                   McCraw                 McGee
McMahand               McMaster               Meacham
Miller                 Mullen                 Neal
Neilson                Phillips               Quinn
Rhoad                  Riser                  Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Simrill                Smith, D.
Smith, J.              Smith, R.              Spearman
Stuart                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--88

Those who voted in the negative are:

Barrett                Cooper                 Dantzler
Davenport              Hamilton               Haskins
Loftis                 Martin                 Mason
McLeod                 Rice                   Smith, F.
Stille                 Tripp                  Trotter
Walker

Total--16

So, the amendment was tabled.

Section 5KA was adopted.

SECTION 5KB

Section 5KB was adopted.

SECTION 5KC

Section 5KC was adopted.

SECTION 5KD

Section 5KD was adopted.

SECTION 5KE

Section 5KE was adopted.

SECTION 5KF

Section 5KF was adopted.

SECTION 5KG

Section 5KG was adopted.

SECTION 5KH

Section 5KH was adopted.

SECTION 5L

Section 5L was adopted.

SECTION 5MA

Section 5MA was adopted.

SECTION 5MB

Section 5MB was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 8

Section 8 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 13--ADOPTED

Rep. CROMER proposed the following Amendment No. 66 (Doc Name P:\AMEND\002\countygrts.002), which was tabled.

Amend the bill, as and if amended, Part IA, Section 13, DSS, page 153, line 13, opposite /other operating expenses./ by decreasing the amount(s) in Column 5 and 6 by:

/     237,588     237,588/

Amend the bill further, Part IA, Section 13, DSS, page 162, line 18, by inserting a new item /COUNTY GRANTS FOR ADOLESCENT PREG. PREV./ and by inserting the following amount(s) in Column 5 and 6:

/     2,375,880     237,588

(0)     (0)/

Renumber sections and amend totals/title to conform.

Rep. CROMER explained the amendment.

Rep. FELDER spoke against the amendment.

Reps. CAVE and SCOTT spoke in favor of the amendment.

Rep. LANFORD spoke against the amendment.

Rep. SPEARMAN spoke in favor of the amendment.

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

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

Yeas 58; Nays 46

Those who voted in the affirmative are:

Altman                 Barfield               Barrett
Battle                 Bauer                  Beck
Boan                   Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Felder
Fleming                Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Jordan                 Keegan
Kelley                 Kinon                  Klauber
Koon                   Lanford                Leach
Limehouse              Littlejohn             Loftis
McAbee                 McGee                  Meacham
Quinn                  Rice                   Riser
Robinson               Sandifer               Sharpe
Simrill                Smith, D.              Smith, R.
Tripp                  Trotter                Vaughn
Walker                 Wilder                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--58

Those who voted in the negative are:

Bailey                 Baxley                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cave
Cobb-Hunter            Cromer                 Davenport
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hines, J.
Inabinett              Jennings               Kennedy
Kirsh                  Knotts                 Lee
Lloyd                  Mack                   McCraw
McLeod                 McMahand               Miller
Mullen                 Neal                   Neilson
Phillips               Rhoad                  Rodgers
Scott                  Seithel                Sheheen
Smith, F.              Smith, J.              Spearman
Stille                 Stuart                 Whatley
Wilkes

Total--46

So, the amendment was tabled.

Section 13 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 58

Rep. ROBINSON explained the section.

Section 58 was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 63F

Section 63F was adopted.

SECTION 63G--ADOPTED

Rep. HOWARD proposed the following Amendment No. 95 (Doc Name P:\AMEND\006\base pay.006), which was tabled.

Amend the bill, as and if amended, Part IA, Section 63G, Budget and Control Board - Employee Benefits, page 370, line 33, opposite /EMPLOYEE PAY PLAN/ by increasing the amount(s) in Column 5 and 6 by:

Column 5     Column 6

/11,722,060     11,722,060/

()     ()

Renumber sections and amend totals/title to conform.

Rep. HOWARD explained the amendment.

Rep. KNOTTS spoke in favor of the amendment.

Rep. ROBINSON spoke against the amendment.

LEAVES OF ABSENCE

The SPEAKER granted Rep. HARRIS a leave of absence due to business reasons.

The SPEAKER granted Reps. KENNEDY and HARVIN a leave of absence due to a meeting.

Rep. ROBINSON continued speaking.

Rep. HOWARD spoke in favor of the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 55; Nays 50

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Bauer                  Beck                   Boan
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Cromer                 Dantzler               Easterday
Edge                   Fleming                Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Jordan
Keegan                 Kelley                 Kinon
Klauber                Koon                   Leach
Littlejohn             Loftis                 Mason
McAbee                 McGee                  McMaster
Meacham                Mullen                 Neilson
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Smith, D.              Smith, R.
Spearman               Stuart                 Vaughn
Wilkins                Woodrum                Young
Young-Brickell

Total--55

Those who voted in the negative are:

Bailey                 Barfield               Battle
Baxley                 Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Cave                   Clyburn
Cobb-Hunter            Davenport              Delleney
Gourdine               Hines, J.              Howard
Inabinett              Jennings               Kirsh
Knotts                 Law                    Lee
Limehouse              Lloyd                  Mack
Maddox                 McLeod                 McMahand
Miller                 Neal                   Phillips
Rhoad                  Scott                  Seithel
Sheheen                Simrill                Smith, F.
Smith, J.              Stille                 Stoddard
Tripp                  Trotter                Walker
Webb                   Whatley                Wilder
Wilkes                 Witherspoon

Total--50

So, the amendment was tabled.

Section 63G was adopted.

RECORD FOR VOTING

I voted to table Amendment #95 which would have increased the state employee pay raises to 3% because this amendment would have made the budget $11 million out of balance. The author of the amendment did not provide any method for making up the funds. I favor employee pay raises.

Rep. W.E. SANDIFER III

RECORD FOR VOTING

On House Bill H. 4700 Leon Howard put up Amendment No. 95 to raise the pay for state employees to 3%. This would have thrown the budget out by $11 million dollars. I voted to table the amendment because the author did not state or show where the $11 million dollars would come from.

Rep. J. GRESHAM BARRETT

RECORD FOR VOTING

I was out of the chamber involved in some very important matters of concern to the people in my district. Had I been present I would have voted in favor of the Amendment #95.

Rep. JOHN G. FELDER

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.

LEAVES OF ABSENCE

The SPEAKER granted Reps. BAILEY and JENNINGS a leave of absence to attend meetings in their districts.

IB
SECTION 1--AMENDED AND ADOPTED

Rep. HARRELL proposed the following Amendment No. 11 (Doc Name P:\AMEND\008\sdaudit1.008), which was adopted.

Amend the bill, as and if amended, Part IB, Section 1, State Department of Education, page 394, paragraph 36, line 31-34, and Page 395, paragraph 36, lines1-2 by striking:/The Performance Steering Committee, with funds appropriated by the General Assembly for this purpose, may retain an independent auditor to conduct a voluntary performance audit of a public school district with enrollment ranging from 20,000 to 30,000 pupils. The purpose of this performance audit is to reallocate spending from administrative to instructional areas. The Committee is directed to seek payment, equal to one half of the cost of the audit, from the school district chosen for the performance audit. If no public school district is willing to participate, the Performance Steering Committee shall not expend the funds./

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. 13 (Doc Name P:\AMEND\008\COSTSAV.008), which was adopted.

Amend the bill, as and if amended, Part IB, Section 1, STATE DEPARTMENT OF EDUCATION, page 395, paragraph 39, line 13, by striking /SECTION 1A/ and inserting /SECTION 1///

Renumber sections and amend totals/title to conform.

Rep. HARRELL explained the amendment.

The amendment was then adopted.

Section 1 as amended was adopted.

SECTION 1A--AMENDED AND DEBATE ADJOURNED

Rep. LOFTIS proposed the following Amendment No. 99 (Doc Name P:\AMEND\JIC\5282DW.98), which was rejected.

Amend the bill, as and if amended, Part IB, page 403, by striking Section 1A.54 as contained on lines 7-8.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LOFTIS explained the amendment.

Rep. HARRELL spoke against the amendment.

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

Rep. TOWNSEND spoke against the amendment.

Rep. LOFTIS spoke in favor of the amendment.

Rep. TOWNSEND moved to table the amendment.

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

Yeas 45; Nays 56

Those who voted in the affirmative are:

Allison                Barfield               Breeland
Brown, H.              Brown, J.              Campsen
Clyburn                Cobb-Hunter            Cooper
Edge                   Gourdine               Harrell
Haskins                Hines, J.              Hinson
Howard                 Inabinett              Keegan
Kelley                 Koon                   Law
Limehouse              Littlejohn             Lloyd
Mack                   Maddox                 McAbee
McMaster               Mullen                 Neilson
Quinn                  Rhoad                  Riser
Rodgers                Scott                  Seithel
Smith, J.              Smith, R.              Spearman
Stille                 Townsend               Trotter
Walker                 Whatley                Young-Brickell

Total--45

Those who voted in the negative are:

Altman                 Barrett                Battle
Bauer                  Baxley                 Beck
Bowers                 Brown, T.              Cato
Cave                   Chellis                Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Felder
Fleming                Gamble                 Govan
Hamilton               Harrison               Hawkins
Jordan                 Kinon                  Kirsh
Klauber                Knotts                 Leach
Lee                    Loftis                 Mason
McCraw                 McGee                  McLeod
McMahand               Meacham                Miller
Neal                   Phillips               Rice
Sandifer               Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Stoddard               Stuart                 Tripp
Webb                   Wilder                 Wilkes
Woodrum                Young

Total--56

So, the House refused to table the amendment.

Rep. TOWNSEND spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 48; Nays 51

Those who voted in the affirmative are:

Altman                 Beck                   Bowers
Brown, H.              Brown, T.              Campsen
Cato                   Cave                   Chellis
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Hinson
Jordan                 Kirsh                  Knotts
Law                    Leach                  Lee
Loftis                 Mason                  McCraw
McGee                  McLeod                 McMahand
Meacham                Miller                 Neilson
Rice                   Riser                  Rodgers
Sharpe                 Sheheen                Simrill
Stuart                 Tripp                  Wilder
Wilkes                 Woodrum                Young

Total--48

Those who voted in the negative are:

Allison                Barfield               Barrett
Breeland               Brown, J.              Byrd
Clyburn                Cobb-Hunter            Cooper
Edge                   Harrell                Harrison
Haskins                Hines, J.              Howard
Inabinett              Keegan                 Kelley
Kinon                  Klauber                Koon
Limehouse              Littlejohn             Lloyd
Mack                   Maddox                 Martin
McAbee                 McMaster               Mullen
Neal                   Phillips               Quinn
Rhoad                  Sandifer               Scott
Seithel                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Spearman
Stille                 Stoddard               Townsend
Trotter                Walker                 Webb
Whatley                Witherspoon            Young-Brickell

Total--51

So, the amendment was rejected.

Rep. KIRSH proposed the following Amendment No. 46 (Doc Name P:\AMEND\008\HEAPDEL.008), which was adopted.

Amend the bill, as and if amended, Part IB, Section 1A, State Department of Education-EIA, page 396, paragraph 9, line 26-31, by striking:/ Of the funds appropriated in Part IA, Section 1 X.A. Gifted and Talented, $402,250 shall be used by the Commission on Higher Education and the Department of Education to be expended on the eighth grade advisement program. The program will assist students in the selection of the College Board recommended courses necessary to prepare for the SAT and college admission. The Commission on Higher Education and the Department of Education must provide a report on the effectiveness of the advisement program to the House Ways and Means Committee, the House Education Committee, the Senate Finance Committee and the Senate Education Committee by October 1./

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. HARRELL spoke against the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 42 (Doc Name P:\AMEND\008\DARE2A.008), which was adopted.

Amend the bill, as and if amended, Part IB, Section 1A, State Department of Education-EIA, page 400, paragraph 34, line 24, by striking /$150,000/ and inserting /$200,000///

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 44 (Doc Name P:\AMEND\008\TCHLOAN2.008), which was tabled.

Amend the bill, as and if amended, Part IB, Section 1A, State Department of Education-EIA, page 401, paragraph 37, line 12, by adding an appropriately numbered paragraph to read:

/Further, for the current fiscal year only, $1,000,000 of the funds appropriated herein for the Loan Program shall be transferred to the State Department of Education for allocation to school districts to support alternative school programs, provided the programs meet state criteria. It is the intent of the General Assembly that these funds, which are earmarked as a one-time, non-recurring expenditure in this current fiscal year, are to be used to support initial start-up costs for alternative school programs and may be used in combination with other funds appropriated by the General Assembly for such programs. The State Department of Education shall provide a status report on the one-time non-recurring allocation, recurring funds, and expenditures for alternative school programs to the EIA Select Committee by December 1998./

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

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

AMENDMENT NO. 99--MOTION TO RECONSIDER TABLED

Rep. QUINN moved to reconsider the vote whereby Amendment No. 99 was rejected.

Rep. MEACHAM spoke in favor of the motion to reconsider.

Rep. TOWNSEND moved to table the motion to reconsider.

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

Yeas 58; Nays 42

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Breeland               Brown, H.
Brown, J.              Byrd                   Cato
Cobb-Hunter            Cooper                 Edge
Gourdine               Harrell                Harrison
Hawkins                Hines, J.              Howard
Inabinett              Jordan                 Keegan
Kelley                 Klauber                Koon
Lee                    Limehouse              Littlejohn
Lloyd                  Mack                   Maddox
Martin                 McMahand               McMaster
Mullen                 Neal                   Neilson
Phillips               Quinn                  Rhoad
Riser                  Sandifer               Scott
Seithel                Smith, D.              Smith, F.
Smith, R.              Spearman               Stille
Stoddard               Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilkins                Witherspoon
Young-Brickell

Total--58

Those who voted in the negative are:

Baxley                 Beck                   Bowers
Brown, T.              Campsen                Cave
Chellis                Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Felder                 Fleming
Gamble                 Govan                  Hamilton
Haskins                Hinson                 Kinon
Kirsh                  Knotts                 Law
Leach                  Loftis                 Mason
McCraw                 McGee                  McLeod
Meacham                Rice                   Robinson
Rodgers                Sharpe                 Sheheen
Simrill                Smith, J.              Stuart
Wilder                 Wilkes                 Young

Total--42

So, the motion to reconsider was tabled.

Rep. KIRSH proposed the following Amendment No. 39 (Doc Name P:\AMEND\008\CINSCHOOLS.008), which was adopted.

Amend the bill, as and if amended, Part IB, Section 1A, State Department of Education-EIA, page 401, paragraph 43, line 30, by striking /$200,000/ and inserting /$230,000//

Amend the bill, as and if amended, Part 1B, Section 1A, Department of Education-EIA, Page 401, Paragraph 43, line 31, by striking in both places, /Cities-In-Schools/ and inserting /Communities-In-Schools/

/Amend the bill, as and if amended, Part 1B, Section 1A, Department of Education-EIA, Page 401, Paragraph 43, line 32, by striking / Cities-In-Schools/ and inserting /Communities in Schools/

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Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. HARRELL proposed the following Amendment No. 12 (Doc Name P:\AMEND\008\SDAUDIT2.008), which was adopted.

Amend the bill, as and if amended, Part IB, Section 1A, State Department of Education-EIA, page 403, line 27, by adding an appropriately numbered paragraph to read:

/The Performance Steering Committee, with funds appropriated by the General Assembly for this purpose, may retain an independent auditor to conduct a voluntary performance audit of a public school district with enrollment ranging from 20,000 to 30,000 pupils. The purpose of this performance audit is to reallocate spending from administrative to instructional areas. The Committee is directed to seek payment, equal to one half of the cost of the audit, from the school district chosen for the performance audit. If no public school district is willing to participate, the Performance Steering Committee shall not expend the funds./

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Rep. HARRELL explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 33 (Doc Name P:\AMEND\008\archisdel.008), which was tabled.

Amend the bill, as and if amended, Part IB, Section 1A, State Department of Education - EIA, page 403, paragraph 58, line 20-23, by striking:/ Of the funds appropriated in Part 1A, Section 1X., $43,000 must be provided to the Department of Archives and History to assist South Carolina schools and educational professionals in the learning and teaching of primary research skills promoting the study and development of historical works. These skills must be in line with the grade by grade academic achievement standards established under PASS./

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Rep. KIRSH explained the amendment.

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. WILKES a leave of absence to attend a meeting in his district.

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

SECTION 2

Section 2 was adopted.

SECTION 3

Section 3 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5A--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 67 (Doc Name P:\AMEND\007\SEMFG.007), which was tabled.

Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 407, paragraph 5A.12, line 11, by inserting at the end a sentence to read:

/THE SOUTHEASTERN MANUFACTURING TECHNOLOGY CENTER MUST BE SELF-SUPPORTING FIVE YEARS FROM FY 1998-99./

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Rep. KIRSH explained the amendment.

POINT OF ORDER

Rep. BOAN raised a Point of Order that Amendment No. 67 was out of order in that it was not germane to the Bill.

SPEAKER WILKINS overruled the Point of Order.

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

Rep. STUART proposed the following Amendment No. 73 (Doc Name P:\AMEND\GJK\21281SD.98), which was tabled.

Amend the bill, as and if amended, PART IB, SECTION 5A, page 407, by adding the following at the end of paragraph 5A.16 to read:

/Notwithstanding the provisions of Section 59-112-70 of the 1976 Code or any other provision of law, out-of-state undergraduate students at state-supported colleges, universities, and technical colleges who are the recipients of scholarship aid may not have their tuition and fees abated by the institution in an amount exceeding the amount of scholarship aid./

Renumber sections to conform.

Amend totals and title to conform.

Rep. STUART explained the amendment.

Rep. CROMER moved to table the amendment.

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

Yeas 75; Nays 24

Those who voted in the affirmative are:

Barfield               Bauer                  Baxley
Beck                   Boan                   Bowers
Breeland               Brown, H.              Byrd
Cato                   Cave                   Chellis
Cooper                 Cotty                  Cromer
Davenport              Delleney               Edge
Felder                 Fleming                Gourdine
Govan                  Hamilton               Harrell
Harrison               Haskins                Hawkins
Hines, J.              Howard                 Inabinett
Jordan                 Keegan                 Kelley
Kinon                  Klauber                Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Lloyd
Mack                   Maddox                 Mason
McCraw                 McGee                  McMahand
McMaster               Miller                 Mullen
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Riser
Rodgers                Sandifer               Scott
Seithel                Sharpe                 Smith, F.
Smith, J.              Smith, R.              Spearman
Townsend               Trotter                Vaughn
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Young-Brickell

Total--75

Those who voted in the negative are:

Altman                 Barrett                Battle
Campsen                Easterday              Gamble
Hinson                 Kirsh                  Knotts
Lee                    Loftis                 Martin
McLeod                 Meacham                Rice
Robinson               Simrill                Smith, D.
Stille                 Stoddard               Stuart
Walker                 Woodrum                Young

Total--24

So, the amendment was tabled.

Rep. STILLE proposed the following Amendment No. 8 (Doc Name P:\AMEND\JIC\5281DW.98), which was tabled.

Amend the bill, as and if amended, Part 1B, page 408, by striking Section 5A.21 and inserting:

/(CHE Performance Funding) Funds appropriated in this act or any other appropriation act designated as Performance Funding shall be used to implement Act 359 of 1996. Of the performance indicators prescribed, the following shall be used for FY 1998-99:

A.     Mission Focus:

1.     Approval of a mission statement.

2.     Adoption of a strategic plan to support the mission statement.

B.     Quality of Faculty

1.     Performance review system for faculty to include student and peer evaluations.

2.     Compensation of faculty by average deviation of faculty salaries by rank, discipline, and type of institution from SREB State Averages.

C.     Institutional Quality

1.     Class size and student/teacher ratios.

2.     Number of certified credit hours taught by full-time faculty (excluding all simultaneous teaching and graduate student-assisted teaching ).

3.     Ratio of full-time faculty as compared to other full-time employees.

4.     Institutional emphasis on quality teacher education and reform including financial support for reform in teacher education.

D.     Administrative Cost

1.     Percentage of administration cost as compared to academic cost.

E.     Entrance requirements

1.     SAT and ACT scores of first-time entering freshmen who meet or exceed the benchmark SAT or ACT score for sector within the State.

2.     High school standing, grade point averages, and school activities of student.

3.     Priority on enrolling qualified in-state students.

F.     Graduates' achievements

1.     Sophomore retention rates.

2.     Graduation rates (four-year/six-year).

3.     Scores of graduates on post-graduate professional, graduate, or employment-related examinations and certification tests.

4.     Number of undergraduates who continue their education.

5.     Credit hours earned by baccalaureate candidate less than 140 credit hours in a four-year program and 154 credit hours in a five-year program.

G.     User-friendliness of institution

1.     Transferability of credits to and from the institution.

2.     Accessability to the institution of all qualified citizens of the State with emphasis for other-race undergraduate students and in-state undergraduate tuition and required fees are within reason (X%) of South Carolina personal per capita income.

H.     Research funding

1.     Amount of public and private sector grants should be weighted on an ascending escalating scale so that institutions are rewarded for increasing the level of funds generated. Thereby preserving the philosophy of the twenty-five cent match for every dollar generated under the old formula as a true performance indicator. (e.g., The better the performance, the greater the reward.)

Total number of indicators - 20./

Amend totals and title to conform.

Rep. STILLE explained the amendment.

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

Rep. STILLE proposed the following Amendment No. 6 (Doc Name P:\AMEND\007\PALMFEL.007), which was tabled.

Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 410, line 22, by adding an appropriately numbered paragraph to read:

/ANY DIVISION OF THE AWARDING OF PALMETTO FELLOWS SCHOLARSHIPS BETWEEN PUBLIC AND INDEPENDENT HIGHER EDUCATION INSTITUTIONS IS REMOVED BEGINNING fy 1998-99./

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Rep. STILLE explained the amendment.

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

Reps. BOAN and BARRETT proposed the following Amendment No. 2 (Doc Name P:\AMEND\007\hepi.007), which was adopted.

Amend the bill, as and if amended, Part IB, Section 5A, Commission on Higher Education, page 410, line 22, by adding an appropriately numbered paragraph to read:

/Tuition and Fees at state supported higher education institutions in South Carolina shall not be increased more than the previous year's Higher Education Price Index. If an institution's tuition and fees are below the southeastern average for tuition and fees, then this restriction does not apply./

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Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 3 (Doc Name P:\AMEND\007\SREBSCHO.007), which was adopted.

Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 410, line 22, by adding an appropriately numbered paragraph to read:

/Of the funds appropriated to che, $48,650 must be used to increase funding for SREB scholarships./

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Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. STILLE proposed the following Amendment No. 5 (Doc Name P:\AMEND\007\FREEZE.007), which was tabled.

Amend the bill, as and if amended, Part IB, Section 5A, COMMISSION ON HIGHER EDUCATION, page 410, line 22, by adding an appropriately numbered paragraph to read: /ALL PUBLIC HIGHER EDUCATION INSTITUTIONS ARE PROHIBITED FROM ASSESSING STUDENTS ANY INCREASES IN TUITION, FEES, OR AUXILIARY ENTERPRISE EXPENSES FOR THE ACADEMIC SCHOOL YEAR 1998-99./

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Rep. STILLE explained the amendment.

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

Section 5A as amended was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5M

Section 5M was adopted.

SECTION 5N--ADOPTED

Rep. MILLER proposed the following Amendment No. 29 (Doc Name P:\AMEND\007\brownfr9.007), which was tabled.

Amend the bill, as and if amended, Part IB, Section 5N, TECH - SPECIAL SCHOOLS - , page 413, line 8, by adding an appropriately numbered paragraph to read:

/OF THE FUNDS APPROPRIATED TO TECH - SPECIAL SCHOOLS, $50,000 SHALL BE USED TO RESTORE, PRESERVE, AND DISPLAY BROWN'S FERRY VESSAL (CIRCA 1730) AT THE RICE MUSEUM IN GEORGETOWN COUNTY./

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Rep. MILLER explained the amendment.

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

Rep. MILLER proposed the following Amendment No. 30 (Doc Name P:\AMEND\007\brownf10.007), which was tabled.

Amend the bill, as and if amended, Part IB, Section 5N, TECH - SPECIAL SCHOOLS - , page 413, line 8, by adding an appropriately numbered paragraph to read:

/OF THE FUNDS APPROPRIATED TO TECH - SPECIAL SCHOOLS, $100,000 SHALL BE USED TO RESTORE, PRESERVE, AND DISPLAY BROWN'S FERRY VESSAL (CIRCA 1730) AT THE RICE MUSEUM IN GEORGETOWN COUNTY./

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Rep. MILLER explained the amendment.

Rep. BOAN moved to table the amendment.

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

The amendment was then tabled by a division vote of 41 to 21.

Rep. DAVENPORT proposed the following Amendment No. 86 (Doc Name P:\AMEND\006\Audit.006), which was ruled out of order.

Amend the bill, as and if amended, Part IB, Section 5N, Technical and Comprehensive Education Board, page 413, line 8, by adding an appropriately numbered paragraph to read:

/The Legislative Audit Council is directed to conduct an audit of the Special Schools Program for the past five years. The audit scope should include the roles of both the State Board for Technical and Comprehensive Education and the South Carolina Department of Commerce in negotiating, approving and monitoring training provided to businesses. The Council's review should also determine if any other state agency provides funds for another entity's training. The audit should determine if adequate safeguards are in place to ensure that taxpayers' dollars are prudently expended and in compliance with all contracts and agreements associated with the expenditure of these funds. The Council should determine if records and measures are maintained in order that one can determine the degree of success training programs are achieving in the expenditure of public funds./

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Rep. DAVENPORT explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. DAVENPORT spoke in favor of the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 86 was out of order in that it was not germane to the Bill.

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

Section 5N was adopted.

SECTION 8

Section 8 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 27

Section 27 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 68 (Doc Name P:\AMEND\003\traffic.003), which was tabled.

Amend the bill, as and if amended, Part IB, Section 36, Dept. Of Public Safety, page 449, paragraph 1, line 26-29, by inserting after /events/:/except for athletic events/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 67; Nays 22

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Battle                 Bauer
Beck                   Boan                   Breeland
Brown, H.              Cato                   Chellis
Cooper                 Cotty                  Dantzler
Delleney               Edge                   Felder
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrell
Harrison               Hawkins                Hines, J.
Hinson                 Inabinett              Keegan
Kelley                 Kinon                  Koon
Lanford                Law                    Leach
Lee                    Limehouse              Lloyd
Loftis                 Mack                   Martin
McCraw                 McGee                  McMaster
Miller                 Neilson                Phillips
Quinn                  Rhoad                  Riser
Robinson               Sandifer               Scott
Sharpe                 Sheheen                Smith, D.
Smith, F.              Smith, R.              Spearman
Townsend               Tripp                  Trotter
Webb                   Wilkins                Witherspoon
Young-Brickell

Total--67

Those who voted in the negative are:

Baxley                 Campsen                Easterday
Haskins                Kirsh                  Knotts
Littlejohn             McLeod                 Meacham
Rice                   Rodgers                Seithel
Simrill                Smith, J.              Stille
Stuart                 Vaughn                 Walker
Whatley                Wilder                 Woodrum
Young

Total--22

So, the amendment was tabled.

Rep. QUINN proposed the following Amendment No. 14 (Doc Name P:\AMEND\003\fleetr.003), which was adopted.

Amend the bill, as and if amended, Part IB, Section 36, Dept. Of Public Safety, page 451, paragraph 14, line 7-8, by inserting after /accounts/:/except not from the cja fund account/

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Rep. QUINN explained the amendment.

The amendment was then adopted.

Rep. QUINN proposed the following Amendment No. 15 (Doc Name P:\AMEND\003\comput.003), which was adopted.

Amend the bill, as and if amended, Part IB, Section 36, Dept. Of Public Safety, page 451, paragraph 15, line 9-10, by inserting after /accounts/:/except not from the cja fund account//

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Rep. QUINN explained the amendment.

The amendment was then adopted.

Section 36 as amended was adopted.

SECTION 40

Section 40 was adopted.

SECTION 42--DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 69 (Doc Name P:\AMEND\005\PSCTRF1.005), which was tabled.

Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 456, paragraph 8, line 14-16, by striking:/THE PROVISO IN ITS ENTIRETY

Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 456, paragraph 7, line 12, by striking /$875,000/ and inserting /$2,175,000///

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Reps. KEEGAN and YOUNG spoke against the amendment.

Rep. KEEGAN moved to table the amendment.

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

Yeas 77; Nays 20

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Baxley
Boan                   Breeland               Brown, H.
Byrd                   Campsen                Cato
Chellis                Cooper                 Cotty
Cromer                 Dantzler               Easterday
Edge                   Felder                 Fleming
Gamble                 Gourdine               Harrell
Harrison               Hawkins                Hines, J.
Hinson                 Howard                 Inabinett
Jordan                 Keegan                 Kelley
Kinon                  Knotts                 Koon
Lanford                Law                    Lee
Limehouse              Littlejohn             Lloyd
Mack                   Maddox                 Martin
McCraw                 McGee                  McMahand
McMaster               Miller                 Mullen
Neal                   Neilson                Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Smith, D.              Smith, J.
Smith, R.              Spearman               Stille
Stuart                 Townsend               Trotter
Vaughn                 Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--77

Those who voted in the negative are:

Battle                 Beck                   Davenport
Delleney               Hamilton               Haskins
Kirsh                  Leach                  Loftis
Mason                  McLeod                 Meacham
Phillips               Seithel                Sharpe
Sheheen                Simrill                Tripp
Walker                 Wilder

Total--20

So, the amendment was tabled.

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

SECTION 44

Section 44 was adopted.

SECTION 51--DEBATE ADJOURNED

Rep. HASKINS proposed the following Amendment No. 60 (Doc Name P:\AMEND\005\esclb1.005), which was ruled out of order.

Amend THE BILL, AS AND IF AMENDED, PART IB, SECTION 51, EMPLOYMENT SECURITY COMMISSION, PAGE 460, LINE 10, BY ADDING AN APPROPRIATELY NUMBERED PARAGRAPH TO READ:

/PROVIDED THAT IF VIDEO POKER IS DECLARED ILLEGAL BY THE SOUTH CAROLINA SUPREME COURT OR FEDERAL COURT OR ACT OF THE GENERAL ASSEMBLY, THE EMPLOYMENT SECURITY COMMISSION SHALL ESTABLISH A TASK FORCE TO FIND EMPLOYMENT FOR PERSONS THAT LOSE THEIR JOBS DUE TO EITHER THE COURT OR GENERAL ASSEMBLY DECLARING VIDEO POKER ILLEGAL. THIS TASK FORCE SHALL GIVE PRIORITY TO FINDING THESE DISPLACED WORKERS PERMANENT EMPLOYMENT./

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Rep. HASKINS explained the amendment.

POINT OF ORDER

Rep. KIRSH raised a Point of Order that Amendment No. 60 was out of order in that it was not germane to the Bill.

Rep. HASKINS argued contra.

Rep. KELLEY stated that the amendment was out of order in that it did not meet the substantial effect requirement of Rule 5.3.

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

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

SECTION 54--ADOPTED

Rep. KIRSH proposed the following Amendment No. 61 (Doc Name P:\AMEND\006\Standing Committees.006), which was tabled.

Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 463, paragraph 6, line 20, by striking /Six hundred and fifty/ and inserting /Four hundred///

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. ROBINSON spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. ROBINSON moved to table the amendment.

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

Yeas 61; Nays 26

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Battle                 Bauer
Boan                   Campsen                Cato
Chellis                Cooper                 Dantzler
Edge                   Felder                 Fleming
Gamble                 Govan                  Hamilton
Harrell                Haskins                Hawkins
Hinson                 Jordan                 Keegan
Kelley                 Kinon                  Koon
Law                    Leach                  Lee
Limehouse              Littlejohn             Mack
Martin                 McCraw                 McGee
McMahand               McMaster               Mullen
Phillips               Quinn                  Rhoad
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Smith, D.              Smith, R.              Spearman
Stuart                 Trotter                Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young

Total--61

Those who voted in the negative are:

Baxley                 Beck                   Breeland
Byrd                   Davenport              Delleney
Easterday              Harrison               Howard
Inabinett              Kirsh                  Knotts
Lloyd                  Loftis                 Mason
McLeod                 Miller                 Neal
Rice                   Scott                  Sheheen
Simrill                Smith, J.              Stille
Tripp                  Vaughn

Total--26

So, the amendment was tabled.

Section 54 was adopted.

SECTION 56DD--AMENDED AND DEBATE ADJOURNED

Reps. QUINN and COOPER proposed the following Amendment No. 101 (Doc Name P:\AMEND\003\clothall.003), which was adopted.

Amend the bill, as and if amended, Part IB, Section 56DD, gov-sled, page 470, paragraph 14, line 12-14, by striking /$400/ and inserting /$600///

Renumber sections and amend totals/title to conform.

Rep. QUINN explained the amendment.

The amendment was then adopted.

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

SECTION 58

Section 58 was adopted.

SECTION 63A--INTERRUPTED DEBATE

Rep. KIRSH proposed the following Amendment No. 63 (Doc Name P:\AMEND\006\Computer.006).

Amend the bill, as and if amended, Part IB, Section 63A, Budget and Control Board - Division of Executive Director, page 479, paragraph 7, line 7, by adding an appropriately numbered paragraph to read:

/(1) No cause of action, including, but not limited to, any civil action or action for declaratory or injunctive relief, may be brought against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions on the basis that a computer or other information system that is owned or operated by any of those persons or entities produced, calculated, or generated an erroneous date, regardless of the cause of the error.

(2)Any contract entered into by or on behalf of and in the capacity of the State of South Carolina, an immune contractor, or an officer or employee of the State or any of its agencies or political subdivisions shall include a provision that grants immunity to those persons or entities for any breach of contract that is caused by an erroneous date being produced, calculated, or generated by a computer or other information system that is owned or operated by any of those persons or entities, regardless of the cause of the error.

(3)Any contract subject to this section that is entered into on or after July 1, 1998, has the legal effect of including the immunity required by this section, and any provision of the contract which is in conflict with this section is void.

(4)For purposes of this section:

(a)'employment' includes any services performed by an immune contractor;

(b)'immune contractor' means any natural person, professional corporation, professional association, firm, business, partnership, or other entity which is an independent contractor with the State pursuant to the laws of

Rep. KIRSH explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised a Point of Order that Amendment No. 63 was out of order in that it was an incomplete amendment and was not germane to the Bill.

SPEAKER WILKINS stated that since the amendment was incomplete he would be unable to rule on the Point of Order at this time. He stated further that he would make his ruling when the amendment had been completed and was taken up for consideration tomorrow.

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 1, 2, 3, 4, 5A, 5B, 5C, 5D, 5E, 5F, 5G, 5H, 5J, 5KA, 5KB, 5KC, 5KD, 5KE, 5KF, 5KG, 5KH, 5L, 5MA, 5MB, 5MC, 5N, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 52, 53, 54A, 54B, 54C, 54D, 54E, 54F, 54G, 55, 57, 58, 59, 60, 61, 62, 63A, 63C, 63E, 63F, 63G, 63H, 64, 65, 66, 67, 69A, 69B. Part IB, Sections 1, 2, 3, 4, 5A, 5B, 5C, 5K, 5M, 5N, 6, 7, 8, 9, 10, 11, 12, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 30, 32, 33, 35, 36, 37, 38, 39, 40, 41, 43, 44, 47, 48, 49, 50, 53, 54, 55, 58, 59, 60, 61, 62, 63B, 63E, 63G, 63H and 69A were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being the SPEAKER's ruling on the Point of Order.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4676 -- Rep. J. Brown: A CONCURRENT RESOLUTION CONGRATULATING EVELYN AND EARL REUBEN OF RICHLAND COUNTY ON THE HAPPY OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND COMMENDING BOTH OF THEM FOR THEIR MANY CONTRIBUTIONS TO THEIR COMMUNITY OVER THE YEARS.

H. 4678 -- Reps. D. Smith, 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, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JUDGE DONALD S. RUSSELL, FORMER GOVERNOR OF SOUTH CAROLINA, AND EXTENDING DEEPEST SYMPATHY TO HIS WIDOW, TO HIS SON, THE HONORABLE JOHN R. RUSSELL, OUR ESTEEMED COLLEAGUE IN THE GENERAL ASSEMBLY, AND TO ALL THE OTHER MEMBERS OF JUDGE RUSSELL'S FAMILY.

H. 4687 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. 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, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, 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, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO OFFER BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE BELOVED MRS. CORRIE BELL MISSOURI OF RICHLAND COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY CELEBRATION.

ADJOURNMENT

At 7:30 P.M. the House in accordance with the motion of Rep. CARNELL adjourned in memory of Joe Aaron Ware of Ware Shoals, to meet at 9:30 A.M. tomorrow.

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