South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

MONDAY, MARCH 16, 1987

Monday, March 16, 1987
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 2:00 P.M.

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

As our work becomes more difficult and our responsibilities more demanding, the greater, O Lord, do we realize our dependence upon You. We need Your help and Your guidance for our judgments are fallible but Your wisdom is infallible. These people will be so busy during the days ahead. They are pressed for time; they will have so much to debate. So give to each one, we pray:

A calm mind for the emotional issues;

a clear vision of the far-reaching issues;

an understanding grasp of the financial issues;

a keen insight of the hidden issues;

and an open mind for all the issues.

And in every issue, Oh Lord, grant us an abundant measure of Your wise guidance, commensurate with the demand at hand. 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.

RULES AND REGULATIONS RECEIVED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 16, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 755)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 13, 1987 regulations concerning X-Rays, Title B (R. 61-64) from the S.C. Department of Health and Environmental Control.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 11, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 821)

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on March 11, 1987 regulations concerning Designated Examiners from the S.C. Department of Mental Health.

They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS WITHDRAWN

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 16, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 769)

Dear Mrs. Shealy:

The South Carolina Department of Health and Environmental Control is hereby withdrawing regulations pertaining to Definitions, Permit Requirements and Emissions (R. 61-62.1) and Inventory and Standard No. 3, Emission from Incinerators, Document #769 (R. 61-62.5), effective March 13, 1987.

These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED

The following were received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 16, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 798)

Dear Mrs. Shealy:

The South Carolina Department of Parole and Community Corrections is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to Release of Inmates Pursuant to the Prison Overcrowding Powers Act, effective this date.

    These regulations have been submitted to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

March 16, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina

House of Representatives     (Doc. No. 798)

Dear Mrs. Shealy:

The South Carolina Department of Parole and Community Corrections is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to Public Service Work, effective this date.

These regulations have been submitted to the Medical, Military, Public and Municipal Affairs Committee.

Sincerely,
Robert J. Sheheen

Received as information.

INTRODUCTION OF BILLS

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

H. 2658 -- Reps. Aydlette, M.D. Burriss, Lockemy, Hearn, Baker, Clyborne, Waldrop, McEachin, Simpson, Moss, Elliott, Barfield, Mappus, Arthur, O. Phillips, Kay, Townsend and J. Bradley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, BY ADDING SECTION 37 SO AS TO PROHIBIT ANY REGULATION PROMULGATED BY A STATE AGENCY, BOARD, COMMISSION, OR DEPARTMENT FROM BECOMING EFFECTIVE UNLESS APPROVED BY CONCURRENT RESOLUTION OF THE GENERAL ASSEMBLY AND TO ALLOW THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE PROMULGATION OF EMERGENCY REGULATIONS.

Referred to Committee on Judiciary.

H. 2659 -- Rep. Fair: A BILL TO AMEND ARTICLE 7, CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MISCELLANEOUS OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-750 SO AS TO MAKE IT A FELONY FOR ANY PRACTICING HOMOSEXUAL OR USER OF ILLEGAL INTRAVENOUS DRUGS TO GIVE BLOOD FOR A PERIOD OF TEN YEARS FOLLOWING THE SECESSION OF THESE PRACTICES OR ACTIVITIES AND TO PROVIDE A PENALTY FOR VIOLATION, AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF GIVING BLOOD BY A PRACTICING HOMOSEXUAL OR USER OF ILLEGAL INTRAVENOUS DRUGS.

Referred to Committee on Judiciary.

S. 344 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS FOR SIX YEARS; AND TO AMEND SECTION 40-69-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP AND QUALIFICATIONS AND TERMS OF THE BOARD, SO AS TO PROVIDE THAT THE BOARD INSTEAD OF THE SOUTH CAROLINA VETERINARIANS' ASSOCIATION SHALL CONDUCT AN ELECTION TO NOMINATE PERSONS TO THE BOARD.

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

S. 347 -- Senator Setzler: A BILL TO AMEND SECTION 56-5-4060, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMISSIBLE WEIGHT OF VEHICLES OPERATING ON THE HIGHWAYS, SO AS TO PERMIT AN AUTOMOBILE TRANSPORTER UNIT WITH A HEIGHT OF NO MORE THAN FOURTEEN FEET TO OPERATE AND TO IMPOSE STRICT LIABILITY FOR DAMAGES INCURRED BECAUSE OF THE ADDITIONAL HEIGHT ALLOWANCE.

Referred to Committee on Education and Public Works.

S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANCES WITH RESPECT TO ACE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.

Referred to Committee on Labor, Commerce and Industry.

S. 397 -- Senator Peeler: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS WHICH MAY BE EXPENDED FOR ROCKING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS.

Referred to Committee on Ways and Means.

S. 503 -- Senators Nell W. Smith and Pope: A BILL TO AMEND ACT 480 OF 1986, RELATING TO THE REGULATION OF THE SALE, USE, AND STORAGE OF EXPLOSIVES, SO AS TO DECREASE THE REQUIRED AMOUNT OF LIABILITY INSURANCE OF BLASTERS.

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

S. 513 -- Senator Pope: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS JANUARY 20 AND 21, 1987, MISSED BY BUSH RIVER ELEMENTARY SCHOOL STUDENTS IN NEWBERRY COUNTY WHEN THE SCHOOL WAS DESTROYED BY FIRE ARE EXEMPT FROM THE MAKE-UP REQUIREMENTS OF THE DEFINED MINIMUM PLAN.

On motion of Rep. GENTRY, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 514 -- Senators Setzler, Shealy and Wilson: A BILL TO PROVIDE FOR A SPECIAL MAGISTRATE FOR LEXINGTON COUNTY, AND TO PROVIDE FOR HIS TERM, JURISDICTION, POWERS, DUTIES, AND BOND; AND TO REPEAL SECTION 43-886, CODE OF LAWS OF SOUTH CAROLINA, 1962, RELATING TO A SPECIAL MAGISTRATE FOR LEXINGTON COUNTY.

Referred to Lexington Delegation.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Arthur
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Evatt                  Faber
Fair                   Felder                 Ferguson
Foxworth               Gentry                 Harris, P.
Harvin                 Haskins                Hawkins
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Lewis                  Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Nesbitt                Nettles
Ogburn                 Pearce                 Petty
Phillips, L.           Phillips, O.           Rice
Rogers, J.             Rogers, T.             Sharpe
Sheheen                Shelton                Simpson
Taylor                 Thrailkill             Toal
Townsend               Tucker                 Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 16, 1987.

Frank Gilbert                     Thomas N. Rhoad
Henry E. Brown, Jr.               Robert W. Hayes, Jr.
John J. Snow, Jr.                 David Waldrop, Jr.
R. Linwood Altman                 Roland S. Corning
William H. Jones                  Denny W. Neilson
James C. Johnson                  Grady Brown
Gene Stoddard                     Jack Gregory
Philip T. Bradley                 B.J. Gordon
Jean Harris                       Lenoir Sturkie
Dick Elliott                      Samuel R. Foster
T.W. Edwards                      Paul Short
Robert A. Kohn
Total Present--117

LEAVE OF ABSENCE

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

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

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

POINT OF PRIVILEGE

Rep. KLAPMAN arose to a Point of Privilege regarding a newspaper article.

H. 2590--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 2590 - Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1987, AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO AMEND SECTION 12-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON TOBACCO AND TOBACCO PRODUCTS, SO AS TO INCREASE THE TAX ON CERTAIN CIGARS, CIGARETTES, SNUFF, CHEWING TOBACCO, AND SMOKING TOBACCO; TO AMEND SECTION 12-33-230, RELATING TO THE LICENSE TAX FOR THE SALE OF ALCOHOLIC BEVERAGES, SO TO INCREASE THE LICENSE TAX; TO AMEND SECTION 12-7-1910, RELATING TO THE REQUIREMENT FOR INDIVIDUAL TAXPAYERS TO MAKE DECLARATIONS AND PAY ESTIMATED TAXES, SO AS TO EXTEND THE REQUIREMENT TO TRUSTS AND ESTATES AND TO AMEND SECTIONS 12-11-40 AND 12-13-60, RELATING RESPECTIVELY TO BANK AND SAVINGS AND LOAN ASSOCIATION TAXES, SO AS TO REQUIRE THOSE INSTITUTIONS TO MAKE DECLARATIONS OF ESTIMATED TAX AND MAKE ESTIMATED TAX PAYMENTS; TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO DELETE NEWSPRINT PAPER FROM THE EXEMPTION FROM SALES TAX AND TO INCLUDE NEWSPAPERS PUBLISHED THREE TIMES A WEEK OR LESS WITHIN THE EXEMPTION; AND TO AMEND SECTION 12-35-110, RELATING TO THE DEFINITION OF "RETAIL SALE", SO AS TO INCLUDE WITHIN THE DEFINITION THE PURCHASE BY A NEWSPAPER OF NEWSPRINT PAPER; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 61, RELATING TO THE GENERAL PROVISIONS REGARDING THE REGULATION OF TRANSPORTATION, POSSESSION, CONSUMPTION, AND SALE OF ALCOHOLIC BEVERAGES, BY ADDING SECTION 61-5-135 SO AS TO ADD AN ADDITIONAL TAX ON THE SALE OF ALCOHOLIC LIQUORS AND BEVERAGES SOLD IN SEALED CONTAINERS OF TWO OUNCES OR LESS; TO AMEND SECTION 12-35-550, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX, SO AS TO DELETE THE EXEMPTION ON CARRIER ACCESS CHARGES AND CUSTOMER ACCESS LINE CHARGES ESTABLISHED BY THE FEDERAL COMMUNICATIONS COMMISSION OR SOUTH CAROLINA PUBLIC SERVICE COMMISSION; TO AMEND SECTION 12-21-2720, AS AMENDED, RELATING TO THE LICENSING OF COIN-OPERATED DEVICES OR MACHINES, SO AS TO INCREASE FROM THREE HUNDRED SIXTY-FIVE TO FIVE HUNDRED FIFTY DOLLARS THE LICENSE ON ANY MACHINE OF THE NONPAYOUT TYPE, IN-LINE PIN GAME, OR VIDEO GAME WITH FREE PLAY FEATURE; AND SECTION 12-21-2728, AS AMENDED, RELATING TO OPERATOR'S MACHINES FOR COIN-OPERATED DEVICES, SO AS TO INCREASE FROM ONE TO FIVE THOUSAND DOLLARS THE LICENSE FOR DEVICES DESCRIBED IN SECTION 12-21-2720(3); TO PROVIDE THAT THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY MUST REMIT FOUR MILLION DOLLARS TO THE STATE GENERAL FUND FOR FISCAL YEAR 1987-88, TO THE EXTENT THAT THIS FUNDING REQUIREMENT DOES NOT VIOLATE THE PROVISIONS OF ANY INDENTURES RELATIVE TO BONDS; AND TO PROVIDE THAT THE STATE AUDITOR SHALL CONDUCT AN AUDIT OR REVIEW OF THE ABOVE TO ENSURE COMPLIANCE WITH THIS PROVISION; TO AMEND SECTION 59-20-50, RELATING TO THE REQUIREMENT THAT TEACHERS' SALARIES BE MAINTAINED AT THE SOUTHEASTERN AVERAGE, SO AS TO PROVIDE THAT THE CALCULATION FOR SOUTH CAROLINA TEACHERS' BASE SALARIES SHALL INCLUDE ALL LOCAL TEACHER SUPPLEMENTS AND ALL INCENTIVE PAY; AND TO AMEND SECTION 12-35-1550, RELATING TO DISPOSITION OF SALES TAX REVENUES, SO AS TO PROVIDE THAT A CERTAIN PERCENTAGE OF THE SOUTH CAROLINA EDUCATION IMPROVEMENT ACT OF 1984 FUND MUST BE EXPENDED ANNUALLY IN TEACHERS' SALARIES AND TO PROVIDE THAT THE PERCENTAGE MAY NOT BE CHANGED EXCEPT BY A SPECIAL VOTE OF THE GENERAL ASSEMBLY; TO AMEND SECTION 59-6-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE GOVERNOR AND STATE SUPERINTENDENT OF EDUCATION IN REVIEWING THE EDUCATION IMPROVEMENT ACT AND CREATION OF THE PUBLIC ACCOUNTABILITY DIVISION, SO AS TO CHANGE THE DATE FOR ELIMINATION OF THE DIVISION FROM THREE YEARS FROM THE DATE OF IMPLEMENTATION OF THE ACT TO SIX YEARS, TO PROVIDE FOR THE DUTIES OF THE DEPUTY SUPERINTENDENT, AND TO REVISE THE DUTIES OF THE DIVISION; TO REQUIRE THE DEPARTMENT OF EDUCATION TO COLLECT CERTAIN INFORMATION RELATING TO STUDENT ABSENCES, SUSPENSIONS, AND EXPULSIONS FROM ALL SCHOOL DISTRICT SUPERINTENDENTS FOR CERTAIN GRADES FOR EACH SCHOOL YEAR BEGINNING WITH SCHOOL YEAR 1987-88; TO PROVIDE THAT ANY UNEXPENDED BUDGET AMOUNTS IN THE EDUCATION IMPROVEMENT ACT FUND IN FISCAL YEAR 1987-88 AND IN SUBSEQUENT FISCAL YEARS MUST BE ALLOCATED TO THE SCHOOL BUILDING AID PROGRAM; TO AMEND SECTION 12-7-230, RELATING TO THE INCOME TAX ON CORPORATIONS, SO AS TO PROVIDE THAT REGARDLESS OF ITS NET INCOME SUBJECT TO TAX, A CORPORATION MUST PAY A MINIMUM TAX OF ONE HUNDRED DOLLARS WITH EACH RETURN FILED; TO AMEND SECTION 11-9-880, RELATING TO THE BOARD OF ECONOMIC ADVISORS' FORECASTS OF ECONOMIC CONDITIONS, ADJUSTMENTS TO THOSE FORECASTS, REVIEW OF GENERAL FUND REVENUE COLLECTIONS, AND THE BOARD OF ECONOMIC ADVISORS' REPORT TO THE BUDGET AND CONTROL BOARD, SO AS TO MAKE CHANGES WITH RESPECT TO CERTAIN OF THESE PROVISIONS, INCLUDING, AMONG OTHER THINGS, PROVIDING FOR A REVENUE CAP FORMULA; TO AMEND SECTION 12-21-380, AS AMENDED, RELATING TO TAXES ON INSTRUMENTS OF CONVEYANCE OF REALTY SO AS TO INCREASE THE TAX FROM ONE DOLLAR AND TEN CENTS FOR EACH FIVE HUNDRED DOLLARS OF CONSIDERATION TO ONE DOLLAR AND FORTY-FIVE CENTS FOR EACH FIVE HUNDRED DOLLARS OF CONSIDERATION AND TO PROVIDE THAT THE THIRTY-FIVE CENTS INCREASE MUST BE DEPOSITED TO THE GENERAL FUND OF THE STATE; TO AMEND SECTION 12-19-70, RELATING TO THE ANNUAL CORPORATION LICENSE FEES, SO AS TO INCREASE THE ANNUAL LICENSE FEE FROM FIVE TO FIFTEEN DOLLARS AND TO RAISE THE MINIMUM ANNUAL FEE FROM FIFTEEN TO TWENTY-FIVE DOLLARS; TO AMEND SECTION 48-47-175, RELATING TO THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMPACT AND THE TAX ON LOW-LEVEL RADIOACTIVE WASTE DISPOSAL, SO AS TO CHANGE THE AMOUNT OF TAX IMPOSED ON EACH CUBIC FOOT OF LOW-LEVEL RADIOACTIVE WASTE DISPOSED OF IN THIS STATE FROM FOUR DOLLARS A CUBIC FOOT TO SIX DOLLARS A CUBIC FOOT; TO AMEND SECTION 12-35-90, RELATING TO DEFINITIONS FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO INCLUDE WITHIN THE DEFINITION OF "RETAILER" AN INSURANCE COMPANY SELLING MOTOR VEHICLES ACQUIRED IN SETTLEMENT OF CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1155 SO AS TO IMPOSE THE SALES AND USE TAX ON THE GROSS PROCEEDS OF THE SALE OF MOTOR VEHICLES ACQUIRED BY INSURANCE COMPANIES IN SETTLEMENT OF CLAIMS; TO AMEND SECTION 61-9-310, AS AMENDED, RELATING PERMITS AND FILING FEES TO SELL BEER OR WINE, SO AS TO INCREASE THE FILING FEE FROM ONE TO TWO HUNDRED DOLLARS AND TO INCREASE THE RETAIL LICENSE FEE FROM ONE HUNDRED TWENTY-FIVE TO TWO HUNDRED DOLLARS; AND TO AMEND SECTION 12-35-518, RELATING TO THE MAXIMUM SALES TAX ON A MOBILE HOME, SO AS TO INCREASE FROM THREE TO FIVE HUNDRED DOLLARS THE MAXIMUM TAX THAT MAY BE LEVIED AND TO DELETE AN ADDITIONAL ONE PERCENT TAX ON THE SALES PRICE IN EXCESS OF SIX THOUSAND DOLLARS; AND TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL).

STATEMENT BY REP. McLELLAN

Rep. McLELLAN made a statement relative to the General Appropriations Bill, H. 2590.

MOTION ADOPTED

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

MOTION ADOPTED

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

SECTION 1

Section 1 was adopted.

SECTION 1A

Section 1A was adopted.

SECTION 2

Section 2 was adopted.

SECTION 3A

Rep. McABEE explained the Section.

Section 3A was adopted.

SPEAKER PRO TEMPORE IN CHAIR
SECTION 3B--AMENDED AND ADOPTED

Reps. SHEHEEN, J. ROGERS, DANGERFIELD, HAWKINS, McLELLAN, PEARCE, L. PHILLIPS and WILKINS proposed the following Amendment No. 1 (Doc. No. 2886Y), which was adopted.

Amend the bill, as and if amended, PART I, SECTION 3B (LEG. DEPT-HOUSE OF REPRESENTATIVES) as follows:

on page 3-009, line 25, by inserting in columns (7) and (8) /50,061/;

on page 3-009, line 28, by inserting in columns (7) and (8) /255,500/;

on page 3-015, line 5, by inserting in columns (7) and (8) /430,318/; and

on page 3-015, by inserting immediately after line 17:

(7)                         (8)

/Staff Reclassification

Compensation                                                     80,000                 80,000/.

Amend further by adding an appropriately numbered paragraph at the end of SECTION 3, LEGISLATIVE DEPARTMENT, page 3-068, to read:

/The appropriation for Staff Reclassification Compensation provided for in Section 3B is for use by the Speaker for reclassification and salary adjustment of any employee of the House of Representatives after consultation with the Operations and Management Committee and the chairmen of the other Standing Committees of the House./

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

Reps. SHEHEEN, J. ROGERS, DANGERFIELD, HAWKINS, McLELLAN, PEARCE, L. PHILLIPS, WILKINS and WASHINGTON proposed the following Amendment No. 5 (Doc. No. 2927Y), which was adopted.

Amend the bill, as and if amended, in SECTION 3B (LEG. DEPT-HOUSE OF REPRESENTATIVES) as follows:

on page 3-008, line 26, by inserting in columns (7) and (8) /25,696/;

on page 3-011, line 2, by striking /COMM (PTT)/ and inserting /COMM (P)/; and

on page 3-012, line 2, by striking /COMM (PTT)/ and inserting /COMM (P)/.

Amend further in SECTION 3 (LEGISLATIVE DEPARTMENT), page 3-067, line 17, right hand column, by inserting after /3B,/ /3C,/

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

The amendment was then adopted.

Section 3B, as amended, was adopted.

SECTION 3C

Section 3C was adopted.

SECTION 3D

Section 3D was adopted.

SECTION 3E

Section 3E was adopted.

SECTION 3F

Section 3F was adopted.

SECTION 3G

Section 3G was adopted.

SECTION 3H

Section 3H was adopted.

SECTION 3I

Section 3I was adopted.

SECTION 3K2

Section 3K2 was adopted.

SECTION 3K3

Section 3K3 was adopted.

SECTION 3K4

Section 3K4 was adopted.

SECTION 3K5

Section 3K5 was adopted.

SECTION 3K6

Section 3K6 was adopted.

SECTION 3K7--DEBATE ADJOURNED

Reps. LIMEHOUSE and McCAIN proposed the following Amendment No. 7.

Amend as and if amended, Section 3K7 as contained on page 3-038 is deleted in its entirety.

Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. McABEE moved to adjourn debate upon the Section, which was adopted.

SECTION 3K8--ADOPTED

Reps. LIMEHOUSE, McCAIN and FOXWORTH proposed the following Amendment No. 11, which was tabled.

Amend as and if amended, Section 3K8 as contained on page 3-039 is deleted in its entirety.

Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. BEASLEY spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 54 to 26.

Section 3K8 was adopted.

SECTION 3K9

Section 3K9 was adopted.

SECTION 3K10

Section 3K10 was adopted.

SECTION 3K11

Section 3K11 was adopted.

SECTION 3K12

Section 3K12 was adopted.

SECTION 3K13

Section 3K13 was adopted.

SECTION 3K14

Section 3K14 was adopted.

SECTION 3K15

Section 3K15 was adopted.

SECTION 3K16--AMENDED AND ADOPTED

Reps. LIMEHOUSE, McCAIN and FOXWORTH proposed the following Amendment No. 10, which was adopted.

Amend as and if amended, Section 3K16 as contained on page 3-048 is deleted in its entirety.

Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.

SPEAKER IN CHAIR

Rep. LIMEHOUSE continued speaking.

The amendment was then adopted.

Section 3K16, as amended, was adopted.

SECTION 3K17

Section 3K17 was adopted.

SECTION 3K18

Section 3K18 was adopted.

SECTION 3K19--ADOPTED

Reps. LIMEHOUSE, McCAIN and FOXWORTH proposed the following Amendment No. 9, which was tabled.

Amend as and if amended, Section 3K19 as contained on page 3-051 is deleted in its entirety.

Amend totals and titles to conform.

Rep. FOXWORTH explained the amendment.

Rep. TOAL spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 60 to 25.

Section 3K19 was adopted.

SECTION 3K20

Section 3K20 was adopted.

SECTION 3K21--ADOPTED

Reps. LIMEHOUSE, McCAIN and FOXWORTH proposed the following Amendment No. 8, which was tabled.

Amend as and if amended, Section 3K21 as contained on page 3-053 is deleted in its entirety.

Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.

Reps. McABEE and WASHINGTON spoke against the amendment.

Rep. WASHINGTON moved to table the amendment which was agreed to by a division vote of 62 to 20.

Section 3K21 was adopted.

SECTION 3K22

Section 3K22 was adopted.

SECTION 3K23

Section 3K23 was adopted.

SECTION 3K24

Section 3K24 was adopted.

SECTION 3K25--ADOPTED

Reps. LIMEHOUSE, McCAIN and FOXWORTH proposed the following Amendment No. 14, which was tabled.

Amend as and if amended, Section 3K25 as contained on page 3-057 is deleted in its entirety.

Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.

Rep. TUCKER moved to table the amendment which was agreed to by a division vote of 44 to 25.

Rep. DAVENPORT moved to table the Section which was not agreed to.

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

SECTION 3K26--ADOPTED

Reps. LIMEHOUSE McCAIN and FOXWORTH proposed the following Amendment No. 13, which was tabled.

Amend as and if amended, Section 3K26 as contained on page 3-058 is deleted in its entirety.

Amend totals and titles to conform.

Rep. LIMEHOUSE explained the amendment.

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

Section 3K26 was adopted.

SECTION 3K27

Section 3K27 was adopted.

SECTION 3K28

Section 3K28 was adopted.

SECTION 3K29--ADOPTED

Reps. McCAIN and BAKER proposed the following Amendment No. 15, which was tabled

Amend as and if amended, Section 3K29 as contained on page 3-061 is deleted in its entirety.

Amend totals and titles to conform.

Rep. McCAIN explained the amendment.

Rep. KEYSERLING spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 60 to 22.

Section 3K29 was adopted.

SECTION 3K30

Section 3K30 was adopted.

SECTION 3K31

Section 3K31 was adopted.

SECTION 3K7--RECONSIDERED AND ADOPTED

Rep. McABEE moved to reconsider the vote whereby debate was adjourned on Section 3K7, which was agreed to.

AMENDMENT NO. 7--TABLED

Debate was resumed on Amendment No. 7, which was proposed by Rep. McABEE.

Rep. LIMEHOUSE moved to table the amendment which was agreed to.

Section 3K7 was adopted.

SECTION 3.1

Section 3.1 was adopted.

SECTION 3.2

Section 3.2 was adopted.

SECTION 3.3

Section 3.3 was adopted.

SECTION 3.4

Section 3.4 was adopted.

SECTION 3.5

Section 3.5 was adopted.

SECTION 3.6

Section 3.6 was adopted.

SECTION 3.7

Section 3.7 was adopted.

SECTION 3.8

Section 3.8 was adopted.

SECTION 3.9

Section 3.9 was adopted.

SECTION 3.10

Section 3.10 was adopted.

SECTION 3.11

Section 3.11 was adopted.

SECTION 3.12

Section 3.12 was adopted.

SECTION 3.13

Section 3.13 was adopted.

SECTION 3.14

Section 3.14 was adopted.

SECTION 3.15

Section 3.15 was adopted.

SECTION 3.17

Section 3.17 was adopted.

SECTION 3.18

Section 3.18 was adopted.

SECTION 3.19

Section 3.19 was adopted.

SECTION 3.20

Section 3.20 was adopted.

SECTION 3.21--RULED OUT OF ORDER
POINT OF ORDER

Rep. TOAL raised the Point of Order that Section 3.21 was not germane to the Bill under Rule 5.3.

The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.

SECTION 3.22

Section 3.22 was adopted.

SECTION 3.23

Section 3.23 was adopted.

SECTION 3.24

Section 3.24 was adopted.

SECTION 3.25

Section 3.25 was adopted.

SECTION 3.26

Section 3.26 was adopted.

SECTION 3.27

Section 3.27 was adopted.

SECTION 3.28

Section 3.28 was adopted.

SECTION 3.29

Section 3.29 was adopted.

SECTION 3.30

Section 3.30 was adopted.

SECTION 3.31

Section 3.31 was adopted.

SECTION 3.32

Section 3.32 was adopted.

SECTION 3.33

Section 3.33 was adopted.

SECTION 3.34

Section 3.34 was adopted.

SECTION 3.35

Section 3.35 was adopted.

SECTION 3.36

Section 3.36 was adopted.

SECTION 3.37

Section 3.37 was adopted.

SECTION 3.38

Section 3.38 was adopted.

SECTION 3.39

Section 3.39 was adopted.

SECTION 3.40

Section 3.40 was adopted.

SECTION 3.41

Rep. McABEE explained the Section.

Section 3.41 was adopted.

SECTION 3.42

Section 3.42 was adopted.

SECTION 3.44

Section 3.44 was adopted.

SECTION 3.45

Section 3.45 was adopted.

SECTION 3.46

Section 3.46 was adopted.

SECTION 3.48

Section 3.48 was adopted.

SECTION 3.49--AMENDED AND ADOPTED

Reps. HASKINS and LIMEHOUSE proposed the following Amendment No. 33, which was tabled.

Amend as and if amended.

Section 3.49 as contained on page 3-068 is deleted in its entirety.

Amend totals and titles to conform.

Rep. HASKINS explained the amendment.

Reps. McLELLAN and McABEE spoke against the amendment.

Rep. McABEE moved to table the amendment which was agreed to.

Reps. TUCKER and McABEE proposed the following Amendment No. 36, which was adopted.

Amend as and if amended.

Section 3.49 at page 3-08 by adding at line 15, and 3 members to be appointed by the Governor.

Section 3.49, as amended, was adopted.

SECTION 4

Section 4 was adopted.

SECTION 4.1

Section 4.1 was adopted.

SECTION 4.2

Section 4.2 was adopted.

SECTION 4.3

Section 4.3 was adopted.

SECTION 4.4

Section 4.4 was adopted.

SECTION 4.5

Section 4.5 was adopted.

SECTION 4.6

Section 4.6 was adopted.

SECTION 4.7--RULED OUT OF ORDER
POINT OF ORDER

Rep. TOAL raised the Point of Order that Section 4.7 was not germane to the Bill under Rule 5.3.

The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.

SECTION 4.8

Section 4.8 was adopted.

SECTION 4.9

Section 4.9 was adopted.

SECTION 4.10

Section 4.10 was adopted.

SECTION 4.11

Section 4.11 was adopted.

SECTION 4.13

Section 4.13 was adopted.

SECTION 4.14--ADOPTED

Rep. KIRSH proposed the following Amendment No. 17 (Doc. No. 2904Y), which was tabled.

Amend the bill, as and if amended, Part I, Section 4, page 4-010, by striking Proviso 4.14 in its entirety.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

Rep. BOAN spoke against the amendment and moved to table the amendment which was agreed to by a division vote of 50 to 43.

Rep. DAVENPORT moved to table the Section.

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

Yeas 17; Nays 85

    Those who voted in the affirmative are:

Baker                  Bradley, P.            Burriss, M.D.
Burriss, T.M.          Davenport              Foxworth
Hearn                  Kay                    Kirsh
McCain                 McGinnis               Petty
Rice                   Sharpe                 Simpson
Townsend               Wells

Total--17

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Barfield               Baxley                 Beasley
Bennett                Blanding               Boan
Brown, H.              Brown, J.              Brown, R.
Burriss, J.H.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Dangerfield            Day
Derrick                Edwards                Elliott
Evatt                  Faber                  Felder
Ferguson               Gentry                 Gilbert
Gordon                 Harris, P.             Harvin
Haskins                Hawkins                Hayes
Hendricks              Hodges                 Holt
Johnson, J.C.          Johnson, J.W.          Keyserling
Klapman                Koon                   Lewis
Limehouse              Mappus                 Martin, D.
Martin, L.             McBride                McEachin
McElveen               McKay                  McLellan
McLeod, E.B.           McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Pearce                 Phillips, L.
Phillips, O.           Rhoad                  Rogers, J.
Rogers, T.             Russell                Sheheen
Short                  Stoddard               Sturkie
Toal                   Tucker                 Waldrop
Washington             Whipper                White
Wilder                 Wilkins                Williams
Winstead

Total--85

So, the House refused to table the Section.

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

Record For Voting

I abstain from voting on the Judicial Section (Section 4) of the Appropriation Bill.
REP. JEAN HARRIS

SECTION 5A

Section 5A was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5C

Section 5C was adopted.

SECTION 5D

Section 5D was adopted.

SECTION 5.1

Section 5.1 was adopted.

SECTION 5.2

Section 5. 2 was adopted.

SECTION 5.3

Section 5.3 was adopted.

SECTION 5.4

Section 5.4 was adopted.

SECTION 5.5

Section 5.5 was adopted.

SECTION 5.6

Section 5.6 was adopted.

SECTION 5.7

Section 5.7 was adopted.

SECTION 5.8

Section 5.8 was adopted.

SECTION 5.9

Section 5.9 was adopted.

SECTION 5.10

Section 5.10 was adopted.

SECTION 5.11

Section 5.11 was adopted.

SECTION 5.12

Section 5.12 was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8

Section 8 was adopted.

SECTION 8.1

Section 8.1 was adopted.

SECTION 8.2

Section 8.2 was adopted.

SECTION 8.3

Section 8.3 was adopted.

SECTION 8.5

Section 8.5 was adopted.

SECTION 8.6

Section 8.6 was adopted.

SECTION 8.7

Section 8.7 was adopted.

SECTION 8.8--RULED OUT OF ORDER

Rep. TOAL moved to divide the question into three parts: part one to be comprised of lines 18-26, part two to be comprised of lines 27-31 through the word 'strike.', and part three to be comprised of the remainder of line 31 through line 36, which was rejected by a division vote of 38-56.

POINTS OF ORDER AND PARLIAMENTARY INQUIRY

Rep. TOAL raised the Point of Order that lines 27-36 were not germane to the Bill.

The SPEAKER overruled the Point of Order.

Rep. GENTRY inquired whether the SPEAKER could rule a portion of a Section not germane.

The SPEAKER replied in the affirmative.

Rep. BAKER then raised the Point of Order that Section 8.8 in its entirety was not germane to the Bill under Rule 5.3.

The SPEAKER sustained the Point of Order, and ordered Section 8.8 stricken from the Bill.

SECTION 9

Section 9 was adopted.

SECTION 9.1

Section 9.1 was adopted.

SECTION 9.2

Section 9.2 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 10.1--AMENDED AND ADOPTED

Rep. EVATT proposed the following Amendment No. 40, which was adopted. Amend the Bill, as and if amended. Part 1, Section 10, Attorney General's Office, page 10-003, left hand column, line 11, Proviso No. 10.1 by striking /$67,610/ and inserting /$69,078/.

Amend titles and totals to conform.

Rep. EVATT explained the amendment. The amendment was then adopted.

Section 10.1 as amended was adopted.

SECTION 10.2

Section 10.2 was adopted.

SECTION 10.3

Section 10.3 was adopted.

SECTION 10.4

Section 10.4 was adopted.

SECTION 10.5

Section 10.5 was adopted.

SECTION 10.6

Section 10.6 was adopted.

SECTION 10.7

Section 10.7 was adopted.

SECTION 10.8

Section 10.8 was adopted.

SECTION 10.9

Section 10.9 was adopted.

SECTION 10.10--RULED OUT OF ORDER
POINT OF ORDER

Rep. TOAL raised the Point of Order that Section 10.10 was not germane to the Bill under Rule 5.3.

The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.

SECTION 10.11

Section 10.11 was adopted.

SECTION 10.12

Section 10.12 was adopted.

SECTION 10.13

Section 10.13 was adopted.

SECTION 10.14

Section 10.14 was adopted.

SECTION 10.15

Section 10.15 was adopted.

SECTION 10.16

Section 10.16 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 11.1--RULED OUT OF ORDER
POINT OF ORDER

Rep. TOAL raised the Point of Order that Section 11.1 was not germane to the Bill under Rule 5.3.

The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.

SECTION 13--AMENDED AND DEBATE ADJOURNED

Rep. McGINNIS proposed the following Amendment No. 2 (Doc. No. 2901Y), which was tabled.

Amend. the bill, as and if amended, ADJUTANT GENERAL'S OFFICE, SECTION 13-001, line 18, opposite /UNIT MAINTENANCE FUNDS/, by inserting /551,483/ in column (7) and /541,483/ in column (8).

Renumber sections to conform.

Amend totals and title to conform.

Rep. McGINNIS explained the amendment.

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

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

The amendment was then tabled by a division vote of 65 to 29.

Reps. KIRSH and KLAPMAN proposed the following Amendment No. 28, which was adopted.

Amend the Bill, as and if amended, in Part I, Section 13, Adjutant General, page 13-001, line 12, by inserting in columns (7) and ( 8): $/488,165/.

Amend further on page 13-001, line 18, by inserting in column (7): $/424,205/ and in column (8): $/414,205/.

Amend title and totals to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. McABEE moved to adjourn debate upon the Section, which was adopted.

SECTION 13.1

Section 13.1 was adopted.

SECTION 13.2

Section 13.2 was adopted.

SECTION 13.3

Section 13.3 was adopted.

SECTION 13.4

Section 13.4 was adopted.

SECTION 13.5

Section 13.5 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 14.1

Section 14.1 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 15.1

Section 15.1 was adopted.

SECTION 15.2

Section 15.2 was adopted.

SECTION 15.3

Section 15.3 was adopted.

SECTION 15.4

Section 15.4 was adopted.

SECTION 15.5

Section 15.5 was adopted.

SECTION 16A

Section 16A was adopted.

SECTION 16B

Section 16B was adopted.

SECTION 16C

Section 16C was adopted.

SECTION 16D

Section 16D was adopted.

SECTION 16E--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 19, which was adopted.

Amend the Bill, as and if amended, in Part I, Section 16E, B&CB - General Services, page 16-023, line 26, by inserting in columns (7) and (8): $/440,919/.

Amend titles and totals to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Section 16E, as amended, was adopted.

SECTION 16F

Section 16F was adopted.

SECTION 16G

Section 16G was adopted.

SECTION 16H

Section 16H was adopted.

SECTION 16I--DEBATE ADJOURNED

Rep. LIMEHOUSE moved to adjourn debate upon the Section, which was adopted.

SECTION 16J

Section 16J was adopted.

SECTION 16K--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 29, which was adopted.

SECTION 16.19

Section 16.19 was adopted.

SECTION 16.20

Section 16.20 was adopted.

SECTION 16.21

Section 16.21 was adopted.

SECTION 16.22

Section 16.22 was adopted.

SECTION 16.23

Section 16.23 was adopted.

SECTION 16.24

Section 16.24 was adopted.

SECTION 16.25

Section 16.25 was adopted.

SECTION 16.26

Section 16.26 was adopted.

SECTION 16.27

Section 16.27 was adopted.

SECTION 16.28

Section 16.28 was adopted.

SECTION 16.29

Section 16.29 was adopted.

SECTION 16.30

Section 16.30 was adopted.

SECTION 16.31

Section 16.31 was adopted.

SECTION 16.32

Section 16.32 was adopted.

SECTION 16.33

Section 16.33 was adopted.

SECTION 16.34

Section 16.34 was adopted.

SECTION 16.35

Section 16.35 was adopted.

SECTION 16.36

Section 16.36 was adopted.

SECTION 16.37

Section 16.37 was adopted.

SECTION 16.38

Section 16.38 was adopted.

SECTION 16.39

Section 16.39 was adopted.

SECTION 16.40

Section 16.40 was adopted.

SECTION 16.41

Section 16.41 was adopted.

SECTION 16.42

Section 16.42 was adopted.

SECTION 16.46

Section 16.46 was adopted.

SECTION 16.47

Section 16.47 was adopted.

SECTION 16.47A

Section 16.47A was adopted.

SECTION 16.47B

Section 16.47B was adopted.

SECTION 16.47C

Section 16.47C was adopted.

SECTION 16.48

Section 16.48 was adopted.

SECTION 16.49

Section 16.49 was adopted.

SECTION 16.50

Section 16.50 was adopted.

SECTION 16.51--RULED OUT OF ORDER
POINT OF ORDER

Rep. TOAL raised the Point of Order that Section 16.51 was not germane to the Bill under Rule 5.3.

The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.

SECTION 16.52

Section 16.52 was adopted.

SECTION 16.53

Section 16. 53 was adopted.

SECTION 16.54

Section 16.54 was adopted.

SECTION 16.55

Section 16.55 was adopted.

SECTION 16.56

Section 16.56 was adopted.

SECTION 16.57

Section 16.57 was adopted.

SECTION 16.58

Section 16.58 was adopted.

SECTION 16.59

Section 16.59 was adopted.

SECTION 16.60--RULED OUT OF ORDER
POINT OF ORDER

Rep. TOAL raised the Point of Order that Section 16.60 was not germane to the Bill under Rule 5.3.

The SPEAKER sustained the Point of Order and ordered the Section stricken from the Bill.

SECTION 16.61

Rep. KIRSH explained the Section.

Section 16.61 was adopted.

SECTION 16.62

Section 16.62 was adopted.

SECTION 16.63

Section 16.63 was adopted.

SECTION 16.64--ADOPTED
POINT OF ORDER

Rep. HASKINS raised the Point of Order that Section 16.64 was not germane to the Bill under Rule 5.3.

The SPEAKER overruled the Point of Order.

Section 16.64 was adopted.

SECTION 16.65--DEBATE ADJOURNED

Rep. LIMEHOUSE moved to adjourn debate upon the Section, which was not agreed to by a division vote of 9 to 62.

Rep. KIRSH explained the Section.

Rep. TOAL, with unanimous consent, moved to adjourn debate upon the Section, which was adopted.

SECTION 16.66

Section 16.66 was adopted.

SECTION 16.68

Section 16.68 was adopted.

SECTION 16.69

Section 16.69 was adopted.

SECTION 16.70

Section 16.70 was adopted.

SECTION 16.72

Section 16.72 was adopted.

SECTION 16.73

Section 16.73 was adopted.

SECTION 16.74

Section 16.74 was adopted.

SECTION 16.75

Section 16.75 was adopted.

SECTION 16. 76--DEBATE ADJOURNED

Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.

SECTION 16.77

Rep. KIRSH explained the Section.

Section 16.77 was adopted.

SECTION 16.78

Rep. KIRSH explained the Section.

Section 16.78 was adopted.

SECTION 16.79

Section 16.79 was adopted.

SECTION 16.80--DEBATE ADJOURNED

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

SECTION 16.81

Section 16.81 was adopted.

SECTION 16.82

Section 16.82 was adopted.

SECTION 16.83--DEBATE ADJOURNED

Rep. TOAL moved to adjourn debate upon the Section, n which was adopted.

SECTION 16.84

Section 16.84 was adopted.

SECTION 16.85--RULED OUT OF ORDER
POINT OF ORDER

Rep. LIMEHOUSE raised the Point of Order that a Section 16.85 was not germane to the Bill under Rule 5.3.

The SPEAKER sustained the Point of Order.

SPEAKER PRO TEMPORE IN CHAIR

Rep. McABEE proposed the following Amendment No. 46 (Doc. No. 2830Y), which was tabled.

Amend the bill, as and if amended, in PART I, Section 16, Budget and Control Board, page 59, by striking paragraph 16.85 and inserting:

/16.85. Notwithstanding the provisions of Section 11-11-310 of the 1976 Code and Section 9, Part II of Act 540 of 1986, regarding the use of funds appropriated to the Capital Expenditure Fund, in fiscal year 1987-88 the Budget and Control Board may transfer ten million dollars of funds appropriated in Section 16M of this Part, the Capital Expenditure Fund, to Section 122, Capital Debt Service, for repayment of interest and principal on capital improvement bonds and school bonds. If the revenue forecasts of the Board of Economic Advisors project revenues adequate to meet appropriation levels in this act, the Budget and Control Board may transfer twenty-one million dollars of funds appropriated in Section 16M to Section 16I, Local Government Division, for use in matching federal grants for water, sewer, and other economic development proJects./
Renumber sections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 87 to 8.

SECTION 17

Section 17 was adopted.

SECTION 17.1

Section 17.1 was adopted.

SECTION 17.2

Section 17.2 was adopted.

SECTION 17.3

Section 17. 3 was adopted.

SECTION 17.4

Section 17.4 was adopted.

SECTION 17.5

Section 17.5 was adopted.

SECTION 17.7

Section 17.7 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 18.1

Section 18.1 was adopted.

SECTION 18.2

Section 18.2 was adopted.

SECTION 18.3

Section 18.3 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 20.1

Section 20.1 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25A

Section 25A was adopted.

SECTION 25B

Section 25B was adopted.

SECTION 25C

Section 25C was adopted.

SECTION 25D

Section 25D was adopted.

SECTION 25E

Section 25E was adopted.

SECTION 25F

Section 25F was adopted.

SECTION 25G

Section 25G was adopted.

SECTION 25H

Section 25H was adopted.

SECTION 25I

Section 25I was adopted.

SECTION 25J

Section 25J was adopted.

SECTION 25.1

Section 25.1 was adopted.

SECTION 25.2

Section 25.2 was adopted.

SECTION 25.3

Section 25.3 was adopted.

SECTION 25.4

Section 25.4 was adopted.

SECTION 25.5

Section 25.5 was adopted.

Rep. McCAIN proposed the following Amendment No. 44, which was tabled.

AMEND AS AND IF AMENDED. Part I, Section 25, University of South Carolina, page 25-097, right hand column, by inserting after the last proviso the following new proviso:

/ No. 25.6 Of the funds appropriated herein, the University of South Carolina shall not fund the S.C. Institute of Archaeology and Anthropology from its appropriated General Funds.

Rep. McCAIN explained the amendment.

Reps. EDWARDS and TOAL spoke against the amendment.

Rep. McCAIN spoke in favor of the amendment.

Rep. TOAL moved to table the amendment which was agreed to.

Rep. KAY moved that the House do now adjourn.

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

Yeas 8; Nays 90

Those who voted in the affirmative are:

Foxworth               Jones                  Kay
Pearce                 Sharpe                 Short
Simpson                Thrailkill

Total--8

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, J.
Brown, R.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Corning
Dangerfield            Davenport              Day
Edwards                Elliott                Faber
Fair                   Felder                 Ferguson
Gentry                 Harris, J.             Harris, P.
Harvin                 Haskins                Hawkins
Hayes                  Hearn                  Helmly
Hendricks              Hodges                 Holt
Johnson, J.C.          Johnson, J.W.          Keyserling
Kirsh                  Klapman                Lewis
Limehouse              Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McElveen               McGinnis               McLellan
McLeod, E.B.           McLeod, J.W.           Moss
Neilson                Nesbitt                Nettles
Ogburn                 Petty                  Phillips, L.
Phillips, O.           Rice
Rogers, T.             Russell                Sheheen
Shelton                                       Toal
Tucker                 Wells                  Wilder
Wilkins                Williams               Winstead

Total--90

So, the House refused to adjourn.

SECTION 26

Section 26 was adopted.

SECTION 26.1

Section 26.1 was adopted.

SECTION 27A

Section 27A was adopted.

SECTION 27B

Section 27B was adopted.

SECTION 27C

Rep. WINSTEAD explained the section. Section 27C was adopted.

SECTION 27D

Section 27D was adopted.

SECTION 27.1

Section 27.1 was adopted.

SECTION 27.2

Section 27.2 was adopted.

SECTION 27.3

Section 27.3 was adopted.

SECTION 27.4

Section 27.4 was adopted.

SECTION 27.5

Section 27.5 was adopted.

SECTION 27.6

Section 27.6 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 29.1

Section 29.1 was adopted.

SECTION 29.2

Section 29.2 was adopted.

SECTION 29.3

Section 29.3 was adopted.

SECTION 29.4

Section 29.4 was adopted.

SECTION 29.6

Section 29.6 was adopted.

SECTION 30--AMENDED AND INTERRUPTED DEBATE

Reps. KIRSH, NESBITT, McGINNIS, BEASLEY, BAXLEY, NEILSON and MOSS proposed the following Amendment No. 37, which was adopted.

Amend the Bill, as and if amended, in Part I, Section 30, State Education Department, page 30-007, line 24, by inserting in columns (7) and (8):

$/686,530,577/.

Amend Further, page 30-003, line 13, by inserting in columns (7) and (8):

$/3,699,843/.

Amend Further, page 30-026, line 36, left-hand column, by adding at the end of proviso number 30-68, the following:

"For Fiscal Year 1987-88, allocations for this hold harmless provision shall not exceed $1,350,000."

Amend totals and title to conform.

Rep. KIRSH explained the amendment. The amendment was then adopted.

Rep. P.B. HARRIS proposed the following Amendment No. 30, which was adopted.

Amend the Bill, as and if amended, in Part I, Section 30, State Education Department, page 30-008, line 15, by inserting in column (7):

$/2,500,000/.

Amend further, line 5, by inserting in column (7):

$/5,070,000/.

Amend title and totals to conform.

Rep. P. HARRIS explained the amendment.

Rep. LEWIS spoke against the amendment.

Rep. EVATT spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. LEWIS spoke against the amendment.

LEAVE OF ABSENCE

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

Rep. LEWIS continued speaking.

The question then recurred to the adoption of the amendment.

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

Yeas 77; Nays 29

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Blackwell              Blanding               Brown, C.
Brown, H.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Carnell                Chamblee
Clyborne               Cooper                 Cork
Corning                Dangerfield            Davenport
Derrick                Edwards                Evatt
Faber                  Fair                   Felder
Ferguson               Foster                 Foxworth
Gentry                 Harris, P.             Hawkins
Hayes                  Hearn                  Helmly
Hendricks              Holt                   Jones
Kay                    Kirsh                       Klapman
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McCain
McElveen               McGinnis               McLellan
McLeod, E.B.           Moss                   Nesbitt
Ogburn                 Pearce                 Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Russell                Sharpe
Simpson                Snow                   Taylor
Thrailkill             Toal                   Townsend
Tucker                 Waldrop                Wells
Whipper                White                  Wilkins
Williams               Winstead

Total--77

Those who voted in the negative are:

Arthur                 Barfield                    Baxley
Beasley                Bennett                     Boan
Brown, J.              Brown, R.                   Elliott
Gilbert                Gregory                Harris, J.
Harvin                 Hodges                      Johnson, J.C.
Johnson, J.W.          Keyserling                  Lewis
Limehouse              McBride                     McEachin
McLeod, J.W.           Neilson                     Rogers, J.
Rogers, T.             Sheheen                     Shelton
Short                  Washington

Total--29

So, the amendment was adopted.

Rep. LEWIS proposed the following Amendment No. 58, which was adopted. AMEND THE BILL, AS AND IF AMENDED. Part 1, Section 30, State Education Department, page 30-008, line 26, by inserting in column (7): /)1.00)/.

Amend titles and totals to conform.

Rep. LEWIS explained the amendment. The amendment was then adopted.

Rep. THRAILKILL proposed the following Amendment No. 3 (Doc. No. 2935Y), which was tabled.

Amend the bill, as and if amended, in Part I, Section 30, STATE EDUCATION DEPARTMENT, page 30-009, by inserting in column 7 on line 9 /25,154,710/ and on page 30-016, by inserting in column 7 on line 29 /30,000,000/.

Amend totals and title to conform.

Rep. THRAILKILL explained the amendment.

Rep. TOAL moved to table the amendment.

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

Yeas 90; Nays 5

Those who voted ln the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Barfield               Baxley
Beasley                Bennett                Blackwell
Boan                   Brown, G.              Brown, H.
Brown, J.              Brown, R.              Burriss, J.H.
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cooper
Cork                   Corning                Day
Derrick                Edwards                Elliott
Evatt                  Faber                  Felder
Ferguson               Foster                 Gentry
Gilbert                Gregory                Harris, J.
Harvin                 Hawkins                Hayes
Hearn                  Helmly                 Hendricks
Hodges                 Holt                   Johnson, J.C.
Johnson, J.W.          Keyserling             Kirsh
Lewis                  Limehouse              Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McEachin
McElveen               McGinnis               McLeod, E.B.
Mcleod, J.W.           Moss                   Neilson
Nesbitt                Petty                  Phillips, L.
Phillips, O.           Rice                   Rogers, J.
Rogers, T.             Russell                Sheheen
Shelton                Short                  Simpson
Taylor                 Toal                   Townsend
Tucker                 Waldrop                Washington
Wells                  Whipper                White
Wilkins                Williams               Winstead

Total--90

Those who voted in the negative are:

Bradley, P.            Davenport              Foxworth
McCain                 Thrailkill

Total--5

So, the amendment was tabled.

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

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

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

Further proceedings were interrupted by adjournment, the pending question being consideration of Section 30.

MOTION NOTED

Rep. McLELLAN moved to reconsider the vote whereby sections 1, 1A, 2, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 3I, 3K2, 3K3, 3K4, 3K5, 3K6, 3K7, 3K8, 3K9, 3K10, 3K11, 3K12, 3K13, 3K14, 3K15, 3K17, 3K18, 3K19, 3K20, 3K21, 3K22, 3K23, 3K24, 3K25, 3K26, 3K27, 3K28, 3K29, 3K30, 3K31, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, 3.13, 3.14, 3.15, 3.17, 3.18, 3.19, 3.20, 3.22, 3.23, 3.24, 3.25, 3.26, 3.27, 3.28, 3.29, 3.30, 3.31, 3.32, 3.33, 3.34, 3.35, 3.36, 3.37, 3.38, 3.39, 3.40, 3.41, 3.42, 3.44, 3.45, 3.46, 3.48, 3.49, 4, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.8, 4.9, 4.10, 4.11, 4.13, 4.14, 5A, 5B, 5C, 5D, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 6, 7, 8, 8.1, 8.2, 8.3, 8.5, 8.6, 8.7, 9, 9.1, 9.2, 10, 10.1, 10.2, 10.3, 10.4, 10.5, 10.6, 10.7, 10.8, 10.9, 10.11, 10.12, 10.13, 10.14, 10.15, 10.16, 11, 13.1, 13.2, 13.3, 13.4, 13.5, 14, 14.1, 15, 15.1, 15.2, 15.3, 15.4, 15.5, 16A, 16B, 16C, 16D, 16E, 16F, 16G, 16H, 16J, 16K, 16L, 16M, 16.1, 16.2, 16.3, 16.4, 16.5, 16.6, 16.7, 16.8, 16.9, 16.10, 16.11, 16.12, 16.13, 16.14, 16.15, 16.16, 16.18, 16.19, 16.20, 16.21, 16.22, 16.23, 16.24, 16.25, 16.26, 16.27, 16.28, 16.29, 16.30, 16.31, 16.32, 16.33, 16.34, 16.35, 16.36, 16.37, 16.38, 16.39, 16.40, 16.41, 16.42, 16.46, 16.47A, 16.47B, 16.47C, 16.48, 16.49, 16.50, 16.52, 16.53, 16.54, 16.55, 16.56, 16.57, 16.58, 16.59, 16.61, 16.62, 16.63, 16.64, 16.66, 16.68, 16.69, 16.70, 16.72, 16.73, 16.74, 16.75, 16.77, 16.78, 16.79, 16.81, 16.82, 16.84, 17, 17.1, 17.2, 17.3, 17.4, 17.5, 17.7, 18, 18.1, 18.2, 18.3, 19, 20, 20.1, 21, 22, 23, 24, 25A, 25B, 25C, 25D, 25E, 25F, 25G, 25H, 25I, 25J, 25.1, 25.2, 25.3, 25.4, 25.5, 26, 26.1, 27A, 27B, 27C, 27D, 27.1, 27.2, 27.3, 27.4, 27.5, 27.6, 28, 29, 29.1, 29.2, 29.3, 29.4, 29.6 were adopted and the motion was noted.

ADJOURNMENT

At 5:55 P.M. the House in accordance with the motion of Rep. WALDROP adjourned to meet at 9:30 A.M. tomorrow.

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