South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

WEDNESDAY, MARCH 14, 1990

Wednesday, March 14, 1990
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

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

Almighty God, Who has created us with the capacity to achieve and accomplish that which is good for ourselves and for our fellowmen, bless us with Your wisdom and guidance as we seek to lift and lessen the burdens that weigh so heavily upon so many of the human family. Where there is gloom, make us messenger of light; where there is fear and frustration, make us ambassadors of courage; where there is cynicism and despair, make us heralds proclaiming a better day. May we always "do justly, love mercy, and walk humbly with our God".

Amen.

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

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

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 13, 1990

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 627:
S. 627 -- Senator Patterson: A BILL TO AMEND SECTION 59-1-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PUBLIC SCHOOL EMPLOYEES, SO AS TO PROVIDE THAT SICK LEAVE ACCUMULATED IN COMPLIANCE WITH THE EDUCATION IMPROVEMENT ACT IS TRANSFERABLE TO THE STATE DEPARTMENT OF EDUCATION AS WELL AS TO ANY SCHOOL DISTRICT OF THIS STATE.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

REPORT OF STANDING COMMITTEE

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

Invitation of S.C. Commission on Women for a luncheon, March 28, 1990, 1:00 P.M. - 3:00 P.M. at the Embassy Suites Hotel.

The invitation was accepted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4826 -- Reps. Waites, McBride, Faber, T. Rogers, J. Brown, Quinn, Harrison, Taylor, M.D. Burriss, Corning and T.M. Burriss: A CONCURRENT RESOLUTION RECOGNIZING THE LEAGUE OF WOMEN VOTERS OF THE COLUMBIA AREA FOR SPONSORING ON APRIL 21, 1990, A HOUSEHOLD HAZARDOUS WASTE COLLECTION DAY AND THEREBY ENCOURAGING THE CITIZENS OF THE MIDLANDS REGION TO VOLUNTARILY DISPOSE SAFELY OF LEFTOVER AMOUNTS OF HOUSEHOLD SUBSTANCES WHICH IF NOT DISPOSED OF PROPERLY CAN BE HAZARDOUS TO HUMAN HEALTH OR TO THE NATURAL ENVIRONMENT.

Whereas, the United States Environmental Protection Agency considers a substance hazardous if it can catch fire, if it can react or explode when mixed with other substances, if it is corrosive, or if it is toxic; and

Whereas, the average household contains between three and ten gallons of materials that are hazardous to human health or to the natural environment if not stored properly or disposed of properly; and

Whereas, these materials include items which are commonly found in household kitchens, garages, workshops, bathrooms, and basements such as paints and paint thinners, car batteries, solvents, polishes, insecticides, cleaning agents and glues; and

Whereas, the improper disposal of household hazardous wastes can cause problems for the entire community since neither wastewater treatment plants nor sanitary landfills are designed to handle certain types of hazardous wastes; and

Whereas, by late 1988 over 1300 and by the end of 1989 over 2000 household hazardous waste collection programs had been held in the country; and

Whereas, Orangeburg was the first area in South Carolina to conduct a household hazardous waste collection program, and this Collection Day will be the second one held in South Carolina. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the General Assembly of the State of South Carolina, by this resolution, recognizes and commends the League of Women Voters of the Columbia Area for sponsoring the first Household Hazardous Waste Collection Day for the Midlands on April 21, 1990, from 9:00 A.M. to 3:00 P.M. in the DHEC parking lot at 2600 Bull Street, Columbia, South Carolina and encourages the citizens of the Midlands Region to participate in this opportunity to responsibly dispose of their household's leftover hazardous substances.

Be it further resolved that a copy of this resolution be forwarded to the League of Women Voters of the Columbia Area.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4827 -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO COMMEND THE BROOME HIGH SCHOOL GIRLS' BASKETBALL TEAM OF SPARTANBURG COUNTY SCHOOL DISTRICT 3 FOR WINNING THE 1990 3A STATE CHAMPIONSHIP.

Whereas, the talented Broome High School Lady Centurions from Spartanburg School District 3, recently brought much joy and pride to the school and community by capturing the State 1990 3A Championship; and

Whereas, the team, coached by Joy Irwin, had a truly outstanding season of twenty-six wins against only one loss, won the Peach Blossom Conference Championship, and culminated the season by beating the Lower State Champions, Manning, in the State Championship game. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, commend the Broome High School Girls' Basketball Team of Spartanburg County School District 3 for winning the 1990 3A State Championship.

Be it further resolved that the Broome High School Lady Centurions are invited to attend the April 4, 1990, session of the General Assembly in the Hall of the House to be congratulated for their outstanding athletic accomplishments.

Be it further resolved that a copy of this resolution be forwarded to Joy Irwin, Coach of the Broome High School Girls' Basketball team.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4828 -- Reps. Koon, Klapman, Sturkie, Sharpe, Wright, Derrick and Felder: A CONCURRENT RESOLUTION TO CONGRATULATE LEXINGTON HIGH SCHOOL AND LEXINGTON MIDDLE SCHOOL IN LEXINGTON SCHOOL DISTRICT 1 UPON BEING DESIGNATED AS DEREGULATED SCHOOLS BY THE STATE BOARD OF EDUCATION WHICH DESIGNATION EXEMPTS THESE SCHOOLS FROM MANY STATE REPORTING REQUIREMENTS AND REGULATIONS DUE TO EXCEPTIONAL STUDENT PERFORMANCE AND ACHIEVEMENT.

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

INTRODUCTION OF BILLS

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

H. 4829 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-65 SO AS TO PROVIDE REQUIREMENTS AND AN EXCEPTION FOR A REVIEW OF X-RAYS IN A HEALTH CARE FACILITY BY A PHYSICIAN LICENSED TO PRACTICE RADIOLOGY AND TO DEFINE FACILITY.

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

H. 4830 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE COLLISION AND COMPREHENSIVE COVERAGE, SO AS TO DELETE CERTAIN PROVISIONS WHICH ARE INCONSISTENT WITH THE CESSATION BY COVERAGE PROVISIONS OF THE AUTOMOBILE INSURANCE REFORM ACT OF 1989.

Referred to Committee on Labor, Commerce and Industry.

H. 4831 -- Reps. Wilkins, Baxley, Harwell, Hodges, Huff and Hayes: A BILL TO AMEND SECTION 16-3-1180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF CRIME VICTIM AWARDS, SO AS TO AUTHORIZE THE PAYMENT FOR MENTAL HEALTH COUNSELING SESSIONS FOR THE NUMBER OF SESSIONS WITHIN THE NINETY-DAY-PERIOD OR FIFTEEN SESSIONS, WHICHEVER IS GREATER.

Referred to Committee on Judiciary.

H. 4832 -- Reps. Fair, Hallman, Winstead, Littlejohn, Blackwell, Mattos, Waites, Simpson, Smith, Jaskwhich, Wells, Whipper, Corbett, Mappus, Baker, Wright, Klapman, T.M. Burriss, Kay, Keegan, Corning, Barber, Quinn, Hendricks, Harrison, Wofford, Vaughn, Haskins, Keyserling and Cork: A BILL TO PROHIBIT PERSON-TO-PERSON CAMPAIGNING OR LOBBYING FOR VOTES AMONG MEMBERS OF THE GENERAL ASSEMBLY IN THE CAPITOL COMPLEX IN COLUMBIA BY A CANDIDATE FOR AN OFFICE ELECTED BY THE GENERAL ASSEMBLY UNTIL AFTER THE REQUIRED PRE-ELECTION SCREENING PROCEDURE ON QUALIFICATIONS HAS BEEN COMPLETED.

Referred to Committee on Judiciary.

H. 4833 -- Reps. Sturkie, Klapman, Koon, Wright, Sharpe, Derrick and Felder: A BILL TO AMEND ACT 1201 OF 1968, AS AMENDED, RELATING TO THE LEXINGTON COUNTY RECREATION COMMISSION, SO AS TO INCREASE ITS MEMBERSHIP FROM ELEVEN TO TWELVE MEMBERS.

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

H. 4834 -- Rep. J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-587 SO AS TO PROVIDE THAT WHEN AN ITEM OF PROPERTY SEIZED AS A RESULT OF ITS USE IN A DRUG OFFENSE IS RETURNED TO AN INNOCENT OWNER, AN ITEM OF EQUAL VALUE OWNED BY THE PERSON CHARGED WITH THE COMMISSION OF THE CRIME WHICH RESULTED IN THE SEIZURE MUST BE FORFEITED TO THE STATE UNDER CERTAIN CONDITIONS.

Referred to Committee on Judiciary.

H. 4835 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 44-53-586, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETURN TO INNOCENT OWNERS OF ITEMS WHICH ARE SEIZED AND ARE SUBJECT TO FORFEITURE TO THE STATE BECAUSE THEY WERE USED IN CERTAIN DRUG OFFENSES, SO AS TO PROVIDE THAT A RENTAL AGENCY IS NOT CONSIDERED AN INNOCENT OWNER IF AN AGENT, MANAGER, OR OWNER OF THE AGENCY KNEW THE PERSON RENTING THE PROPERTY SEIZED HAD A PRIOR DRUG CONVICTION.

Referred to Committee on Judiciary.

H. 4836 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-95 SO AS TO PROHIBIT THE CAPTURING OR REMOVAL FROM THE WATERS OF THIS STATE AND THE DISPLAY OF A MAMMAL OF THE ORDER CETACEA (DOLPHINS AND WHALES) AND TO PRESCRIBE PENALTIES FOR VIOLATIONS.

Referred to Committee on Agriculture and Natural Resources.

S. 951 -- Senators Giese, Wilson, Bryan and Hinds: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST DUMPING LITTER ON PRIVATE OR PUBLIC PROPERTY, EXCEPTIONS, RESPONSIBILITY FOR REMOVAL, AND PENALTIES, SO AS TO INCREASE THE MAXIMUM FINE FROM TWO HUNDRED DOLLARS TO ONE THOUSAND DOLLARS.

Referred to Committee on Agriculture and Natural Resources.

S. 1363 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO SUPERVISORS' LICENSES, SO AS TO CHANGE THE NUMBER OF HOURS REQUIRED FOR RENEWAL AND THE LENGTH OF THE LICENSURE PERIOD, TO ADD LICENSED SUPERVISORS TO THE LIST OF LICENSEES AFFECTED BY THE CODE OF ETHICS, AND TO DELETE REFERENCES TO APPLICATION FORMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1208, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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

MOTION ADOPTED

Rep. KEESLEY moved that when the House adjourns, it adjourn in memory of Mrs. Myrtle C. Cato, which was agreed to.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Barfield               Baxley
Beasley                Blackwell              Boan
Brown, H.              Brown, J.              Bruce
Burch                  Carnell                Chamblee
Cole                   Cooper                 Corbett
Davenport              Derrick                Elliott
Faber                  Fair                   Fant
Farr                   Ferguson               Foster
Gordon                 Gregory                Hallman
Harris, J.             Harris, P.             Harrison
Harwell                Haskins                Hendricks
Hodges                 Holt                   Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kinon                  Kirsh
Klapman                Kohn                   Koon
Lanford                Limehouse              Littlejohn
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McEachin
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Neilson
Nesbitt                Nettles                Phillips
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Stoddard
Taylor                 Townsend               Tucker
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Williams, D.           Winstead               Wofford
Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 14, 1990.

Robert Barber                     L. Edward Bennett
Ken Bailey                        Maggie Glover
John B. Williams                  Roland S. Corning
Robert Hayes, Jr.                 Holly Cork
Robert B. Brown                   Howell Clyborne
Tim Wilkes                        Joseph T. McElveen
Dell Baker                        Mickey Burriss
John Felder                       Grady Brown
Donna Moss                        C. Lenoir Sturkie
Larry Gentry                      Larry Blanding
Rick Quinn                        George H. Bailey
T.M. Burriss
Total Present--123

STATEMENT OF ATTENDANCE

Rep. G. BAILEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, March 12.

DOCTOR OF THE DAY

Announcement was made that Dr. Ned Nicholson of Edgefield is the Doctor of the Day for the General Assembly.

H. 4800--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of the motion to adjourn debate on Part II.

H. 4800
GENERAL APPROPRIATION BILL
PART II--DEBATE ADJOURNED

Rep. McEACHIN moved to table the motion.

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

Yeas 9; Nays 74

Those who voted in the affirmative are:

Baxley                 Derrick                Gregory
Kinon                  Limehouse              Mappus
McEachin               Rogers, T.             Snow

Total--9

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Bailey, K.             Barber
Barfield               Bennett                Blackwell
Brown, H.              Bruce                  Burch
Carnell                Chamblee               Cole
Cooper                 Davenport              Elliott
Faber                  Fair                   Farr
Glover                 Gordon                 Hallman
Harris, J.             Harrison               Haskins
Hendricks              Holt                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Keegan
Keesley                Keyserling             Kirsh
Klapman                Kohn                   Koon
Lanford                Littlejohn             Manly
Martin, D.             Martin, L.             McAbee
McBride                McCain                 McGinnis
McLellan               McTeer                 Moss
Neilson                Phillips               Rama
Rhoad                  Rogers, J.             Rudnick
Sharpe                 Sheheen                Simpson
Smith                  Stoddard               Townsend
Tucker                 Vaughn                 Waites
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Winstead               Wright

Total--74

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate on Part II, which was agreed to.

MOTION NOTED

Rep. McCAIN moved to reconsider the vote whereby Section 7, Part II was tabled and the motion was noted.

PART I
SECTION 1A.1--ADOPTED

Debate was resumed on Section 1A.1.

Section 1A.1 was adopted.

SECTION 3J--AMENDED AND ADOPTED

Debate was resumed on Section 3J.

AMENDMENT NO. 6--ADOPTED

Debate was resumed on Amendment No. 6, which was proposed on Monday, March 12, by Reps. WILDER and MATTOS.

Reps. McLELLAN and WILDER spoke in favor of the amendment.

The amendment was then adopted.

Section 3J, as amended, was adopted.

SECTION 3--AMENDED AND ADOPTED

Debate was resumed on Section 3.

AMENDMENT NO. 9--TABLED

Debate was resumed on Amendment No. 9, which was proposed on Monday, March 12, by Rep. MAPPUS.

Rep. MAPPUS explained the amendment.

Rep. BEASLEY spoke against the amendment.

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

Rep. MAPPUS proposed the following Amendment No. 23 (Doc. No. 0952o), which was adopted.

Amend the bill, as and if amended, Part I, Section 3, Proviso 3.51 by inserting immediately after /transportation/ on line 24 in the righthand column on page 34 the following:
/and to study sources of alternate funding for highway work and projects to be done in individual counties/.

Amend title to conform.

Rep. MAPPUS explained the amendment.

Rep. McABEE moved to table the amendment, which was not agreed to by a division vote of 14 to 27.

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

Section 3, as amended, was adopted.

SECTION 4--DEBATE ADJOURNED

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

SECTION 5B--DEBATE ADJOURNED

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

SECTION 10.8--ADOPTED

Debate was resumed on Section 10.8.

Section 10.8 was adopted.

SECTION 14H--ADOPTED

Debate was resumed on Section 14H.

Rep. McLEOD proposed the following Amendment No. 145 (Doc. No. 1707b), which was tabled.

Amend the bill, as and if amended, Part I, Section 14H-B&CB-State Fire Marshal, Page 0105, Line 01, by striking the section in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLEOD explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. WALDROP moved to table the amendment.

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

Yeas 61; Nays 23

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, G.
Baker                  Barber                 Barfield
Baxley                 Beasley                Boan
Brown, H.              Bruce                  Burch
Carnell                Chamblee               Cole
Cork                   Corning                Davenport
Fair                   Ferguson               Gregory
Hallman                Harris, J.             Harris, P.
Harrison               Hayes                  Hendricks
Hodges                 Huff                   Keegan
Keyserling             Kirsh                  Lanford
Limehouse              Littlejohn             Mappus
Martin, D.             Martin, L.             McAbee
McCain                 McEachin               McGinnis
McLellan               McTeer                 Quinn
Rhoad                  Rogers, J.             Rudnick
Sheheen                Short                  Simpson
Vaughn                 Waites                 Waldrop
Wells                  Whipper                White
Wilkins                Winstead               Wofford
Wright

Total--61

Those who voted in the negative are:

Bailey, J.             Blackwell              Blanding
Burriss, M.D.          Corbett                Elliott
Holt                   Jaskwhich              Johnson, J.C.
Kay                    Keesley                Kinon
Klapman                Koon                   McElveen
McLeod                 Moss                   Nesbitt
Rama                   Smith                  Townsend
Tucker                 Williams, D.

Total--23

So, the amendment was tabled.

RECORD FOR VOTING

I wish to be recorded as voting yes, in favor of the motion to table Amendment No. 145.

Rep. NEILSON

Section 14H was adopted.

Rep. GENTRY proposed the following Amendment No. 69 (Doc. No. 1022X), which was tabled.

Amend the bill, as and if amended, in Part I, Section 14, Budget and Control Board, page 0136, right column, by adding an appropriately numbered paragraph to read:

/14.( )     Effective beginning January 1, 1991, the amount subject to the fifteen percent copayment for the State Employee Health Plan is reduced from $1,500 to $750 for an individual and from $3,000 to $1,500 dollars for a family./

Renumber to conform.

Amend title and totals to conform.

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

Rep. KIRSH proposed the following Amendment No. 151 (Doc. No. 1088X), which was adopted.

Amend the bill, as and if amended, Part I, Section 14, Budget and Control Board, page 0136, right column, by adding an appropriately numbered paragraph to read:

/14.(86)     The Retirement System shall make a study of the National Guard Pension System to determine its fairness, equity, efficiency, and the feasibility of making it an actuarially funded system. The report must be made to the General Assembly no later than April 15, 1991./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

SECTION 15--ADOPTED

Debate was resumed on 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 15.6

Section 15.6 was adopted.

SECTION 15.7

Section 15.7 was adopted.

SECTION 15.8

Section 15.8 was adopted.

SECTION 15.9

Section 15.9 was adopted.

SECTION 15.11

Section 15.11 was adopted.

SECTION 15.12

Section 15.12 was adopted.

ACTING SPEAKER J.W. JOHNSON IN CHAIR

Rep. SHEHEEN proposed the following Amendment No. 164 (Doc. No. 1778b), which was adopted.

Amend the bill, as and if amended, Part I, Section 15-General and Temporary, Page 140, after line 06, by adding an appropriately numbered proviso to read 15.13 Colleges and Universities tuition and fees, for the school year of 1990-91, must not be increased by a rate greater than the increase in the Consumer Price Index (CPI) rate for all urban consumers as determined by the United States Department of Labor between December 31, 1988 and December 31, 1989. This provision must apply for in-state tuition and fees.

Renumber sections to conform.

Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.

Rep. T. ROGERS spoke in favor of the amendment.

Rep. BEASLEY spoke upon the amendment.

The amendment was then adopted.

SPEAKER IN CHAIR
SECTION 27--DEBATE ADJOURNED

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

SECTION 28--INTERRUPTED DEBATE

Debate was resumed on Section 28.

Rep. RUDNICK proposed the following Amendment No. 60 (Doc. No. 1727b), which was tabled.

Amend the bill, as and if amended, Part I, Section 28 - State Department of Education, Page 0323, Line 03, by inserting in columns (7) and (8) /72,162 /.

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 44 to 14.

Rep. McGINNIS proposed the following Amendment No. 19 (Doc. No. 0933o).

Amend the bill, as and if amended, Part I, Section 28-State Education Department, page 0331, by striking line 2.

Amend further, Part I, Section 28-State Education Department, page 0330, line 40, by adding /$104,817,700/ in column 7.

Amend further, Part I, Section 28-State Education Department, page 0334, by striking line 2.

Amend further, Part I, Section 28-State Education Department, page 0333, line 24, by adding /$3,992,880/ in column 7.

Amend further, Part I, Section 28-State Education Department, page 0356, left column, by striking paragraph 28.109 in its entirety.

Amend further, Part I, Section 129.22, page 0719, right column, by adding after the period on line 38:

/4.     The weekly work hours for each FTE position must not be less than forty hours./

Renumber paragraphs and sections to conform.

Amend totals and title to conform.

Rep. McGINNIS explained the amendment.

Rep. BEASLEY spoke against the amendment.

Rep. GORDON spoke in favor of the amendment.

Reps. FOSTER and WASHINGTON spoke against the amendment.

Rep. McGINNIS moved to adjourn debate upon the amendment.

Rep. WASHINGTON moved to table the motion.

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

The motion to adjourn debate was tabled by a division vote of 49 to 31.

Rep. McELVEEN spoke in favor of the amendment.

Rep. WHIPPER spoke upon the amendment.

Rep. M.D. BURRISS spoke against the amendment.

Rep. BRUCE moved that the House recede until 2:15 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Section 28, Amendment No. 19, Rep. M.D. BURRISS having the floor.

THE HOUSE RESUMES

At 2:15 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

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

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

H. 4800--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 28, Amendment No. 19.

H. 4800
GENERAL APPROPRIATION BILL
SECTION 28--ADOPTED

Debate was resumed on Section 28.

AMENDMENT NO. 19--TABLED

Debate was resumed on Amendment No. 19 by Rep. McGINNIS.

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

Rep. McGINNIS proposed the following Amendment No. 170 (Doc. No. 0984o), which was tabled.

Amend the bill, as and if amended, Part I, Section 28-State Education Department, page 0331, by striking line 2.

Amend further, Part I, Section 28-State Education Department, page 0330, line 40, by adding /$104,817,700/ in column 7.

Amend totals and title to conform.

Rep. McGINNIS explained the amendment.

Rep. BEASLEY moved to table the amendment.

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

Yeas 63; Nays 25

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, J.
Barfield               Beasley                Boan
Brown, G.              Brown, H.              Brown, J.
Burch                  Carnell                Chamblee
Clyborne               Cooper                 Corbett
Cork                   Corning                Farr
Felder                 Foster                 Gentry
Glover                 Harris, J.             Harris, P.
Harrison               Haskins                Hendricks
Hodges                 Huff                   Jaskwhich
Johnson, J.W.          Keegan                 Keesley
Keyserling             Klapman                Kohn
Limehouse              Mappus                 Martin, D.
Martin, L.             McAbee                 McCain
McLellan               McTeer                 Rama
Rogers, T.             Rudnick                Sheheen
Short                  Simpson                Smith
Snow                   Taylor                 Tucker
Vaughn                 Waites                 Washington
Whipper                White                  Wilder
Winstead               Wofford                Wright

Total--63

Those who voted in the negative are:

Alexander, M.O.        Barber                 Baxley
Blanding               Brown, R.              Bruce
Cole                   Davenport              Fant
Gordon                 Hallman                Holt
Johnson, J.C.          Kinon                  Kirsh
Littlejohn             Manly                  McEachin
McElveen               McGinnis               Moss
Nesbitt                Phillips               Townsend
Wells

Total--25

So, the amendment was tabled.

Rep. J.C. JOHNSON proposed the following Amendment No. 175 (Doc. No. 1788b), which was tabled.

Amend the bill, as and if amended, Part I, Section 28, State Education Department, Page 0330, Line 40, by inserting in column (7) /101,592,866 /.

Amend further, Page 0331, Line 1, by inserting in column (7) / 15,530,545 /.

Amend further, Line 2, by inserting in column (7) / /.

Amend further, immediately after Line 2, by inserting a new line to read /Alloc EIA - Teacher Aides / and insert opposite "Alloc EIA - Teacher Aides" in column (7) / 1,945,976/.

Amend further, Page 0334, Line 2, by inserting in column (7) / /.

Renumber sections to conform.

Amend totals and titles to conform.

Rep. J.C. JOHNSON explained the amendment.

Rep. BOAN moved to table the amendment.

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

The amendment was then tabled by a division vote of 48 to 21.

Rep. McEACHIN moved to adjourn debate upon the section.

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

Reps. McEACHIN, McELVEEN and HODGES proposed the following Amendment No. 117 (Doc. No. 1746b), which was tabled.

Amend the bill, as and if amended, Part I, Section 28-State Education Department, Page 0325, Line 19, opposite /Aid Schl Dists-Bldgs/ by inserting in columns (7) and (8) /46,782,000/

Renumber sections to conform.

Amend totals and title to conform.

Rep. McEACHIN explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. HODGES spoke in favor of the amendment.

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

Reps. NEILSON and DAVENPORT proposed the following Amendment No. 138 (Doc. No. 1756b), which was tabled.

Amend the bill, as and if amended, Part I, Section 28, Department of Education, Page 325, Line 7, opposite materials, by inserting in column (7) /21,850,929 / and in column (8) /21,408,229/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. DAVENPORT explained the amendment.

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

Section 28 was adopted.

SECTION 28.1

Section 28.1 was adopted.

SECTION 28.2

Section 28.2 was adopted.

SECTION 28.3

Section 28.3 was adopted.

SECTION 28.4

Section 28.4 was adopted.

SECTION 28.5

Section 28.5 was adopted.

SECTION 28.6

Section 28.6 was adopted.

SECTION 28.7

Section 28.7 was adopted.

SECTION 28.8

Section 28.8 was adopted.

SECTION 28.9

Section 28.9 was adopted.

SECTION 28.10

Section 28.10 was adopted.

SECTION 28.11

Section 28.11 was adopted.

SECTION 28.12

Section 28.12 was adopted.

SECTION 28.13

Section 28.13 was adopted.

SECTION 28.14

Section 28.14 was adopted.

SECTION 28.15

Section 28.15 was adopted.

SECTION 28.16

Section 28.16 was adopted.

SECTION 28.17

Section 28.17 was adopted.

SECTION 28.18

Section 28.18 was adopted.

SECTION 28.19

Section 28.19 was adopted.

SECTION 28.20

Section 28.20 was adopted.

SECTION 28.21

Section 28.21 was adopted.

SECTION 28.22

Section 28.22 was adopted.

SECTION 28.23

Section 28.23 was adopted.

SECTION 28.24

Section 28.24 was adopted.

SECTION 28.25

Section 28.25 was adopted.

SECTION 28.26

Section 28.26 was adopted.

SECTION 28.27

Section 28.27 was adopted.

SECTION 28.28

Section 28.28 was adopted.

SECTION 28.29

Section 28.29 was adopted.

SECTION 28.30

Section 28.30 was adopted.

SECTION 28.31

Section 28.31 was adopted.

SECTION 28.32

Section 28.32 was adopted.

SECTION 28.33

Section 28.33 was adopted.

SECTION 28.34

Section 28.34 was adopted.

SECTION 28.35

Section 28.35 was adopted.

SECTION 28.36

Section 28.36 was adopted.

SECTION 28.37

Section 28.37 was adopted.

SECTION 28.38

Section 28.38 was adopted.

SECTION 28.39

Section 28.39 was adopted.

SECTION 28.40

Section 28.40 was adopted.

SECTION 28.41

Section 28.41 was adopted.

SECTION 28.42

Section 28.42 was adopted.

SECTION 28.43

Section 28.43 was adopted.

SECTION 28.44

Section 28.44 was adopted.

SECTION 28.45

Section 28.45 was adopted.

SECTION 28.46

Section 28.46 was adopted.

SECTION 28.47

Section 28.47 was adopted.

SECTION 28.48

Section 28.48 was adopted.

SECTION 28.49

Section 28.49 was adopted.

SECTION 28.50

Section 28.50 was adopted.

SECTION 28.51

Section 28.51 was adopted.

SECTION 28.52

Section 28.52 was adopted.

SECTION 28.53

Section 28.53 was adopted.

SECTION 28.54

Section 28.54 was adopted.

SECTION 28.55

Section 28.55 was adopted.

SECTION 28.56

Section 28.56 was adopted.

SECTION 28.57

Section 28.57 was adopted.

SECTION 28.58

Section 28.58 was adopted.

SECTION 28.59

Section 28.59 was adopted.

SECTION 28.60

Section 28.60 was adopted.

SECTION 28.62

Section 28.62 was adopted.

SECTION 28.63

Section 28.63 was adopted.

SECTION 28.64

Section 28.64 was adopted.

SECTION 28.65

Section 28.65 was adopted.

SECTION 28.66

Section 28.66 was adopted.

SECTION 28.67

Section 28.67 was adopted.

SECTION 28.68

Section 28.68 was adopted.

SECTION 28.69

Section 28.69 was adopted.

SECTION 28.70

Section 28.70 was adopted.

SECTION 28.71

Section 28.71 was adopted.

SECTION 28.72

Section 28.72 was adopted.

SECTION 28.73

Section 28.73 was adopted.

SECTION 28.74

Section 28.74 was adopted.

SECTION 28.75

Section 28.75 was adopted.

SECTION 28.76

Section 28.76 was adopted.

SECTION 28.77

Section 28.77 was adopted.

SECTION 28.78

Section 28.78 was adopted.

SECTION 28.79

Section 28.79 was adopted.

SECTION 28.80

Section 28.80 was adopted.

SECTION 28.81

Section 28.81 was adopted.

SECTION 28.82

Section 28.82 was adopted.

SECTION 28.83

Section 28.83 was adopted.

SECTION 28.84

Section 28.84 was adopted.

SECTION 28.85

Section 28.85 was adopted.

SECTION 28.86

Section 28.86 was adopted.

SECTION 28.88

Section 28.88 was adopted.

SECTION 28.90

Section 28.90 was adopted.

SECTION 28.91

Section 28.91 was adopted.

SECTION 28.92--ADOPTED

Rep. LITTLEJOHN proposed the following Amendment No. 26 (Doc. No. 1661b), which was tabled.

Amend the bill, as and if amended, Part I, Section 28, State Education Dept., Page 0354, Line 34, right column, paragraph 28.92, by striking the paragraph in its entirety and by inserting /Of the EIA funds provided herein for impaired school districts, $92,000 must be provided to the State Department of Social Services to provide services to sexually abused children, through clinically approved foster homes./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LITTLEJOHN explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. LITTLEJOHN spoke in favor of the amendment.

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

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

Yeas 68; Nays 36

Those who voted in the affirmative are:

Bailey, J.             Bailey, K.             Barber
Beasley                Bennett                Blanding
Boan                   Brown, J.              Burch
Carnell                Elliott                Faber
Fant                   Felder                 Foster
Gentry                 Glover                 Harris, J.
Harris, P.             Harrison               Harvin
Haskins                Hayes                  Hendricks
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kay
Keesley                Keyserling             Kinon
Kirsh                  Klapman                Limehouse
Martin, D.             Martin, L.             McAbee
McBride                McEachin               McGinnis
McLellan               McTeer                 Nesbitt
Nettles                Quinn                  Rhoad
Rogers, T.             Rudnick                Sharpe
Sheheen                Smith                  Snow
Stoddard               Taylor                 Townsend
Waites                 Waldrop                Washington
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, J.
Winstead               Wright

Total--68

Those who voted in the negative are:

Barfield               Baxley                 Blackwell
Brown, H.              Bruce                  Chamblee
Clyborne               Cole                   Cooper
Corbett                Cork                   Davenport
Derrick                Farr                   Hallman
Holt                   Keegan                 Kohn
Koon                   Lanford                Littlejohn
Manly                  Mappus                 Mattos
McCain                 Moss                   Phillips
Rama                   Sturkie                Tucker
Vaughn                 Wells                  Wofford

Total--36

So, the amendment was tabled.

Rep. LITTLEJOHN proposed the following Amendment No. 27 (Doc. No. 1662b), which was tabled.

Amend the bill, as and if amended, Part I, Section 28 - State Education Dept., Page 0354, Line 34, right column, Proviso # 28.92 by deleting the proviso in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. LITTLEJOHN explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. LITTLEJOHN spoke in favor of the amendment.

Rep. McTEER moved to table the amendment, which was agreed to by a division vote of 58 to 31.

Section 28.92 was adopted.

SECTION 28.93

Section 28.93 was adopted.

SECTION 28.94

Section 28.94 was adopted.

SECTION 28.96

Section 28.96 was adopted.

SECTION 28.98

Section 28.98 was adopted.

SECTION 28.99

Section 28.99 was adopted.

SECTION 28.100

Section 28.100 was adopted.

SECTION 28.101

Section 28.101 was adopted.

SECTION 28.102

Section 28.102 was adopted.

SECTION 28.103

Section 28.103 was adopted.

SECTION 28.104

Section 28.104 was adopted.

SECTION 28.105

Section 28.105 was adopted.

SECTION 28.106

Section 28.106 was adopted.

SECTION 28.107

Section 28.107 was adopted.

SECTION 28.108

Section 28.108 was adopted.

SECTION 28.109--DELETED

Rep. McGINNIS proposed the following Amendment No. 172 (Doc. No. 0986o), which was adopted.

Amend the bill, as and if amended, Part I, Section 28-State Education Department, page 0356, left column, by striking paragraph 28.109 in its entirety.

Amend totals and title to conform.

Rep. McGINNIS explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. McGINNIS spoke in favor of the amendment.

POINT OF ORDER

Rep. MAPPUS raised the Point of Order that Section 28.109 was out of order as it was not germane to the Bill.

The SPEAKER, citing Rule 5.3, stated that it directly related to a line-item, line 7 on page 325 of the Bill which was Textbook Appropriations and he overruled the Point of Order.

Rep. J.C. JOHNSON spoke against the amendment.

Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 30 to 54.

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

SECTION 28.110

Section 28.110 was adopted.

SECTION 28.111

Section 28.111 was adopted.

SECTION 28.112

Section 28.112 was adopted.

SECTION 28.113--DELETED

Reps. BEASLEY and TOWNSEND proposed the following Amendment No. 16 (Doc. No. 1648b), which was adopted.

Amend the bill, as and if amended, Part I, Section 28 - State Education Dept., Page 0356, beginning on Line 10, right column, paragraph 28.113 by striking the paragraph in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BEASLEY explained the amendment.

The amendment was then adopted.

SECTION 28.114

Section 28.114 was adopted.

SECTION 28.115

Section 28.115 was adopted.

SECTION 28.116--AMENDED AND ADOPTED

Rep. BEASLEY proposed the following Amendment No. 89 (Doc. No. 1738b), which was adopted.

Amend the bill, as and if amended, Part I, Section 28-State Education Dept., Page 0357, Line 16, right column, paragraph 28.116, by deleting /the Dropout Prevention Program and/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BEASLEY explained the amendment.

The amendment was then adopted.

Section 28.116, as amended, was adopted.

Rep. BEASLEY proposed the following Amendment No. 58 (Doc. No. 1721b), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, State Education Department, Page 0357, Line 19, by adding an appropriately numbered Proviso at the end to read / 28.117 Notwithstanding any other provision of law, the Department of Education is directed to set aside $50,000 of federal support funds under Section 619 of the Education of the Handicapped Act, as amended by P.L. 99-457, for the purpose of contracting with the Joint Legislative Committee on Children for planning and development of the preschool handicapped services as established under P.L. 99-457/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BEASLEY explained the amendment.

Rep. KLAPMAN moved to table the amendment.

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

Yeas 15; Nays 81

Those who voted in the affirmative are:

Blackwell              Blanding               Bruce
Davenport              Haskins                Jaskwhich
Johnson, J.C.          Kirsh                  Klapman
Koon                   Littlejohn             McEachin
Sturkie                Vaughn                 Wofford

Total--15

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Barber
Barfield               Baxley                 Beasley
Boan                   Brown, G.              Brown, H.
Brown, J.              Burch                  Burriss, M.D.
Carnell                Clyborne               Cole
Cooper                 Corbett                Cork
Corning                Derrick                Elliott
Faber                  Farr                   Felder
Ferguson               Foster                 Gentry
Glover                 Gordon                 Hallman
Harris, J.             Harris, P.             Harrison
Harvin                 Hayes                  Hendricks
Holt                   Huff                   Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kinon                  Limehouse
Manly                  Mappus                 Martin, L.
McAbee                 McBride                McElveen
McGinnis               McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Simpson                Smith
Taylor                 Townsend               Tucker
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Winstead               Wright

Total--81

So, the House refused to table the amendment.

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

Rep. RAMA proposed the following Amendment No. 166 (Doc. No. 1783B), which was tabled.

Amend the bill, as and if amended, Part I, Section 28-State Education Department, Page 0357, right column, Line 19, by inserting a new paragraph appropriately numbered at the end to read /28.__ From the funds appropriated for V. Direct Support, for school bus transportation equipment, $20,000 must be used to purchase electronic safety sensors for a one year pilot test of the sensors. A report of the results of the pilot test must be provided to the Ways and Means Committee, House Education Committee, Senate Finance Committee and the Senate Education Committee within 90 days of completion of the pilot program.

Renumber sections to conform.

Amend totals and title to conform.

Rep. RAMA explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 46 to 27.

Rep. LIMEHOUSE proposed the following Amendment No. 179 (Doc. No. 1791B), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, State Education Department, Page 0357, Line 19, right column, by adding an appropriately numbered proviso at the end to read /28.118 Of the funds appropriated for the Drop Out Program, at least $100,000 must be used for the Reading Recovery Program/ .

Renumber sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

The amendment was then adopted.

LEAVE OF ABSENCE

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

SECTION 39--ADOPTED

Debate was resumed on Section 39.

AMENDMENT NO. 41--TABLED

Debate was resumed on Amendment No. 41, which was proposed on Tuesday, March 13, by Rep. HASKINS.

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

Section 39 was adopted.

SECTION 39.1

Section 39.1 was adopted.

SECTION 39.2

Section 39.2 was adopted.

SECTION 39.3

Section 39.3 was adopted.

SECTION 39.4

Section 39.4 was adopted.

SECTION 39.5

Section 39.5 was adopted.

SECTION 39.6

Section 39.6 was adopted.

SECTION 39.7

Section 39.7 was adopted.

SECTION 39.8

Section 39.8 was adopted.

SECTION 39.9

Section 39.9 was adopted.

SECTION 39.10

Section 39.10 was adopted.

SECTION 39.11

Section 39.11 was adopted.

SECTION 39.12

Section 39.12 was adopted.

SECTION 39.13

Section 39.13 was adopted.

SECTION 39.14

Section 39.14 was adopted.

SECTION 39.15

Section 39.15 was adopted.

SECTION 39.16

Section 39.16 was adopted.

SECTION 39.17

Section 39.17 was adopted.

SECTION 39.18

Section 39.18 was adopted.

SECTION 39.19

Section 39.19 was adopted.

SECTION 39.20--RULED OUT OF ORDER
POINT OF ORDER

Rep. McELVEEN raised the Point of Order that Section 39.20 was out of order as it was not germane to the Bill under Rule 5.3.

The SPEAKER stated that the money came from the Hazardous Waste Contingency Fund, which was created by a separate statute which imposed a fee that was collected outside the General Fund and therefore, was not related to revenue in this Bill and he sustained the Point of Order and ordered the section stricken from the Bill.

SECTION 39.21

Section 39.21 was adopted.

SECTION 39.22

Section 39.22 was adopted.

SECTION 39.23

Section 39.23 was adopted.

SECTION 39.24

Section 39.24 was adopted.

SECTION 39.25

Section 39.25 was adopted.

SECTION 39.27

Section 39.27 was adopted.

SECTION 39.28

Section 39.28 was adopted.

SECTION 39.29

Section 39.29 was adopted.

SECTION 39.30

Section 39.30 was adopted.

SECTION 39.33

Section 39.33 was adopted.

SECTION 39.34

Section 39.34 was adopted.

SECTION 39.35

Section 39.35 was adopted.

SECTION 39.36

Section 39.36 was adopted.

SECTION 39.37

Section 39.37 was adopted.

SECTION 40--ADOPTED

Debate was resumed on Section 40.

Section 40 was adopted.

SECTION 40.1

Section 40.1 was adopted.

SECTION 40.2

Section 40.2 was adopted.

SECTION 40.3

Section 40.3 was adopted.

SECTION 40.4

Section 40.4 was adopted.

SECTION 40.5

Section 40.5 was adopted.

SECTION 40.7

Section 40.7 was adopted.

SECTION 40.8

Section 40.8 was adopted.

SECTION 40.9

Section 40.9 was adopted.

SECTION 40.10

Section 40.10 was adopted.

SECTION 40.11

Section 40.11 was adopted.

SECTION 40.12

Section 40.12 was adopted.

SECTION 40.16

Section 40.16 was adopted.

SECTION 40.17

Section 40.17 was adopted.

SECTION 40.18

Section 40.18 was adopted.

SECTION 40.19

Section 40.19 was adopted.

Rep. HUFF proposed the following Amendment No. 167 (Doc. No. 1781b), which was adopted.

Amend the bill, as and if amended, Part I, Section 40, Department of Mental Health, Page 0460, Line 32, right column, by adding an appropriately numbered proviso at the end to read /40.20 Of the monies appropriated under General Administration, Equipment, herein the Department shall allocate $40,000.00 to the South Carolina Alliance for the Mentally Ill.

The Alliance for the Mentally Ill shall: (1) Operate a toll-free, 24-hour telephone service for all residents of South Carolina. (2) Maintain comprehensive information about mental illness, family needs and available resources and make this information available to callers. (3) Maintain a confidential log of all incoming calls. (4) Inform families and friends the best ways to utilize existing resources and avocate for them when appropriate. (5) Recruit volunteers who are family members to answer the telephone lines. (6) Provide comprehensive training to volunteers answering the telephone lines. (7) Submit a quarterly statistical and evaluation report to the South Carolina Legislature and the SC Department of Mental Health which will provide an oversight and systems monitoring function for the mental health system as significant system trends and deficiencies will frequently surface in the intervention assistance given to callers/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. HUFF explained the amendment.

The amendment was then adopted.

SECTION 42--ADOPTED

Debate was resumed on Section 42.

Rep. WASHINGTON proposed the following Amendment No. 141 (Doc. No. 1758b), which was tabled.

Amend the bill, as and if amended, Part I, Section 42-Alcohol & Drug Abuse, Page 0468, Line 39, opposite /Aid to Entities/ by inserting in column (7) /1,325,893/ and in column (8) /1,325,893/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. WASHINGTON explained the amendment.

Rep. P. HARRIS moved to table the amendment, which was agreed to.

Section 42 was adopted.

SECTION 42.1

Section 42.1 was adopted.

SECTION 42.2

Section 42.2 was adopted.

SECTION 42.3

Section 42.3 was adopted.

SECTION 42.4

Section 42.4 was adopted.

SECTION 42.5

Section 42.5 was adopted.

SECTION 45--ADOPTED

Debate was resumed on Section 45.

Rep. HASKINS proposed the following Amendment No. 48 (Doc. No. 1673b), which was tabled.

Amend the bill, as and if amended, Part I, Section 45-Adv. Bd. - Foster Care, Page 0495, Line 15, opposite /Equip./ by inserting in column (7) /0/ and in column (8) /0/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. HASKINS explained the amendment.

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

Section 45 was adopted.

SECTION 46--ADOPTED

Debate was resumed on Section 46.

Section 46 was adopted.

SECTION 46.1

Section 46.1 was adopted.

SECTION 49--ADOPTED

Debate was resumed on Section 49.

Section 49 was adopted.

SECTION 49.1

Section 49.1 was adopted.

SECTION 49.2

Section 49.2 was adopted.

SECTION 50--ADOPTED

Debate was resumed on Section 50.

Section 50 was adopted.

SECTION 50.1

Section 50.1 was adopted.

SECTION 58--ADOPTED

Debate was resumed on Section 58.

Reps. BAXLEY, GLOVER, NEILSON and BEASLEY proposed the following Amendment No. 143 (Doc. No. 1760b), which was tabled.

Amend the bill, as and if amended, Part I, Section 58-State Land Resources, Page 0545, by adding a new line after line 23 to read /Special Item: Sediment Control Project/ and by inserting in columns (7) and (8) /150,000/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

Rep. McABEE moved to table the amendment.

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

Yeas 66; Nays 35

Those who voted in the affirmative are:

Bailey, K.             Barber                 Barfield
Bennett                Blackwell              Blanding
Boan                   Brown, J.              Brown, R.
Burch                  Burriss, M.D.          Carnell
Chamblee               Cooper                 Cork
Corning                Derrick                Elliott
Faber                  Fant                   Foster
Gentry                 Gordon                 Hallman
Harris, J.             Harrison               Haskins
Hayes                  Hendricks              Holt
Johnson, J.C.          Johnson, J.W.          Kay
Keyserling             Kirsh                  Klapman
Kohn                   Manly                  Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McBride                McLellan
McTeer                 Nesbitt                Nettles
Phillips               Quinn                  Rama
Rhoad                  Sheheen                Short
Simpson                Smith                  Snow
Stoddard               Tucker                 Waites
Waldrop                Washington             Whipper
White                  Wilkes                 Wright

Total--66

Those who voted in the negative are:

Alexander, T.C.        Bailey, J.             Baker
Baxley                 Beasley                Brown, G.
Brown, H.              Bruce                  Clyborne
Cole                   Corbett                Davenport
Fair                   Farr                   Glover
Harvin                 Harwell                Huff
Keegan                 Keesley                Kinon
Koon                   Lanford                Littlejohn
McEachin               McElveen               McGinnis
McLeod                 Neilson                Rudnick
Sturkie                Vaughn                 Wells
Wilder                 Wofford

Total--35

So, the amendment was tabled.

Section 58 was adopted.

SECTION 58.1

Section 58.1 was adopted.

SECTION 58.2

Section 58.2 was adopted.

SECTION 58.3

Section 58.3 was adopted.

SECTION 58.4

Section 58.4 was adopted.

SECTION 58.8

Section 58.8 was adopted.

SECTION 58.9

Section 58.9 was adopted.

SECTION 60--ADOPTED

Debate was resumed on Section 60.

Rep. RUDNICK proposed the following Amendment No. 59 (Doc. No. 1728b), which was tabled.

Amend the bill, as and if amended, Part I, Section 60, Department of Agriculture, Page 0554, Line 04, by inserting in columns (7) and (8) / 72,162 /.

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 37 to 28.

Section 60 was adopted.

SECTION 60.1

Section 60.1 was adopted.

SECTION 60.2

Section 60.2 was adopted.

SECTION 60.3

Section 60.3 was adopted.

SECTION 60.4

Section 60.4 was adopted.

SECTION 63--AMENDED AND ADOPTED

Debate was resumed on Section 63.

Rep. BENNETT proposed the following Amendment No. 134 (Doc. No. 1064X), which was adopted.

Amend the bill, as and if amended, Part I, Section 63, page 0570, by adding after line 39:

(7)
/New Conservation Officer

Salary     20,044

Employer Contributions     5,011

Automobile     12,992

Boat     6,800

Motor     5,200

Trailer     800

Radio (mobile)     8,300

Radio (walkie-talkie)     2,200

Uniforms     1,100

Pistol     300

Gas     1,500

Travel     800

Misc. Supplies/Repairs     700

Amend further by adding an appropriately numbered proviso at the end of the section to read:

/63.__ The new law enforcement officer and his expenses added in Item VI on page 0507 must be funded from shrimp baiting fines, permits, and licenses./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BENNETT explained the amendment.

The amendment was then adopted.

Section 63, as amended, was adopted.

SECTION 63.1

Section 63.1 was adopted.

SECTION 63.2

Section 63.2 was adopted.

SECTION 63.3

Section 63.3 was adopted.

SECTION 63.4

Section 63.4 was adopted.

SECTION 63.5

Section 63.5 was adopted.

SECTION 63.6

Section 63.6 was adopted.

SECTION 63.7

Section 63.7 was adopted.

SECTION 63.8

Section 63.8 was adopted.

SECTION 63.9

Section 63.9 was adopted.

SECTION 63.10

Section 63.10 was adopted.

SECTION 63.11

Section 63.11 was adopted.

Rep. J. BAILEY proposed the following Amendment No. 29 (Doc. No. 1684b), which was ruled out of order.

Amend the bill, as and if amended, Part I, Section 63-Wildlife & Marine Resources Dept., Page 0577, left column, Line 06, by inserting an appropiately numbered new proviso to read /63.__ No public funds, either General Funds or Other Funds, may be expended for any public lands for which the public does not have access on State property obtained with Land & Water Conservation Funds as outlined in the project description and/or Boundary survey submitted with application./

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. BAILEY explained the amendment.

POINT OF ORDER

Rep. SNOW raised the Point of Order that Amendment No. 29 was out of order as it was not germane to the Bill under Rule 5.3.

Rep. J. BAILEY argued contra the Point.

The SPEAKER stated that the Amendment did not relate to an appropriation in Part I of the Bill and he sustained the Point of Order and ruled the Amendment out of order.

SECTION 64--AMENDED AND ADOPTED

Debate was resumed on Section 64.

Rep. KEYSERLING proposed the following Amendment No. 129 (Doc. No. 1752b), which was adopted.

Amend the bill, as and if amended, Part I, Section 64-Coastal Council, Page 0578, Line 14, by inserting in column (7) /567,098/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. KEYSERLING explained the amendment.

The amendment was then adopted.

Section 64, as amended, was adopted.

SECTION 64.1

Section 64.1 was adopted.

SECTION 66--ADOPTED

Debate was resumed on Section 66.

Rep. BAXLEY proposed the following Amendment No. 33 (Doc. No. 1702B), which was tabled.

Amend the bill, as and if amended, Part I, Section 66-PRT, Page 0585, Line 14, opposite /Alloc. Entities/ by inserting in column (8) /50,000.00/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

Rep. BAXLEY moved to adjourn debate upon the section.

Rep. McABEE moved to table the motion, which was agreed to by a division vote of 42 to 29.

The question then recurred to the adoption of Amendment No. 33.

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

Section 66 was adopted.

SECTION 66.1

Section 66.1 was adopted.

SECTION 66.2

Section 66.2 was adopted.

SECTION 66.3

Section 66.3 was adopted.

SECTION 66.4

Section 66.4 was adopted.

SECTION 66.5

Section 66.5 was adopted.

SECTION 66.6

Section 66.6 was adopted.

SECTION 66.7

Section 66.7 was adopted.

SECTION 66.8

Section 66.8 was adopted.

SECTION 66.10

Section 66.10 was adopted.

Rep. ELLIOTT proposed the following Amendment No. 153 (Doc. No. 1089X).

Amend the bill, as and if amended, Part I, Section 66, Department of Parks, Recreation and Tourism, page 589, right column, by adding an appropriately numbered paragraph to read:

/66.( )     Of the increased funds appropriated for advertising under Special Items in subsection V of this section, four hundred thousand dollars is set aside for use as a one to one match program for advertising for coastal counties impacted by Hurricane Hugo./

Renumber sections to conform.

Amend totals and title to conform.

Rep. ELLIOTT explained the amendment.

Rep. J. ROGERS moved that the House do now adjourn.

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

The motion to adjourn was agreed to by a division vote of 59 to 15.

MOTION NOTED

Rep. McLELLAN moved to reconsider the vote whereby Part I, Sections 1A.l, 3J, 3, 10.8, 14H, Amendment # 151 (adding 14.86), 15, 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 15.7, 15.8, 15.9, 15.11, 15.12, Amendment # 164 (adding 15.13), 28, 28.1, 28.2, 28.3, 28.4, 28.5, 28.6, 28.7, 28.8, 28.9, 28.10, 28.11, 28.12, 28.13, 28.14, 28.15, 28.16, 28.17, 28.18, 28.19, 28.20, 28.21, 28.22, 28.23, 28.24, 28.25, 28.26, 28.27, 28.28, 28.29, 28.30, 28.31, 28.32, 28.33, 28.34, 28.35, 28.36, 28.37, 28.38, 28.39, 28.40, 28.41, 28.42, 28.43, 28.44, 28.45, 28.46, 28.47, 28.48, 28.49, 28.50, 28.51, 28.52, 28.53, 28.54, 28.55, 28.56, 28.57, 28.58, 28.59, 28.60, 28.62, 28.63, 28.64, 28.65, 28.66, 28.67, 28.68, 28.69, 28.70, 28.71, 28.72, 28.73, 28.74, 28.75, 28.76, 28.77, 28.78, 28.79, 28.80, 28.81, 28.82, 28.83, 28.84, 28.85, 28.86, 28.88, 28.90, 28.91, 28.92, 28.93, 28.94, 28.96, 28.98, 28.99, 28.100, 28.101, 28.102, 28.103, 28.104, 28.105, 28.106, 28.107, 28.108, 28.110, 28.111, 28.112, 28.114, 28.115, 28.116, Amendment #58 (adding 28.117), Amendment # 179 (adding 28.118), 39, 39.1, 39.2, 39.3, 39.4, 39.5, 39.6, 39.7, 39.8, 39.9, 39.10, 39.11, 39.12, 39.13, 39.14, 39.15, 39.16, 39.17, 39.18, 39.19, 39.21, 39.22, 39.23, 39.24, 39.25, 39.27, 39.28, 39.29, 39.30, 39.33, 39.34, 39.35, 39.36, 39.37, 40, 40.1, 40.2, 40.3, 40.4, 40.5, 40.7, 40.8, 40.9, 40.10, 40.11, 40.12, 40.16, 40.17, 40.18, 40.19, Amendment # 167 (adding 40.20), 42, 42.1, 42.2, 42.3, 42.4, 42.5, 45, 46, 46.1, 49, 49.1, 49.2, 50, 50.1, 58, 58.1, 58.2, 58.3, 58.4, 58.8, 58.9, 60, 60.1, 60.2, 60.3, 60.4, 63, 63.1, 63.2, 63.3, 63.4, 63.5, 63.6, 63.7, 63.8, 63.9, 63.10, 63.11, 64, 64.1, 66, 66.1, 66.2, 66.3, 66.4, 66.5, 66.6, 66.7, 66.8, and 66.10, were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of Amendment No. 153 (Section 66), Rep. ELLIOTT on the floor.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3410 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT LEGISLATION TO PROVIDE FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER TO OBTAIN A HUNTING OR FISHING LICENSE OR PERMIT WITHOUT COST.

H. 4734 -- Reps. J. Bailey and Holt: A CONCURRENT RESOLUTION TO FIX TWELVE O'CLOCK NOON ON WEDNESDAY, MAY 2, 1990, AS THE TIME FOR ELECTING A MEMBER OF THE OLD EXCHANGE BUILDING COMMISSION TO SERVE THE UNEXPIRED TERM OF THE MEMBER OF THE COMMISSION WHO HAS RESIGNED.

H. 4827 -- Rep. Littlejohn: A CONCURRENT RESOLUTION TO COMMEND THE BROOME HIGH SCHOOL GIRLS' BASKETBALL TEAM OF SPARTANBURG COUNTY SCHOOL DISTRICT 3 FOR WINNING THE 1990 3A STATE CHAMPIONSHIP.

H. 4828 -- Reps. Koon, Klapman, Sturkie, Sharpe, Wright, Derrick and Felder: A CONCURRENT RESOLUTION TO CONGRATULATE LEXINGTON HIGH SCHOOL AND LEXINGTON MIDDLE SCHOOL IN LEXINGTON SCHOOL DISTRICT 1 UPON BEING DESIGNATED AS DEREGULATED SCHOOLS BY THE STATE BOARD OF EDUCATION WHICH DESIGNATION EXEMPTS THESE SCHOOLS FROM MANY STATE REPORTING REQUIREMENTS AND REGULATIONS DUE TO EXCEPTIONAL STUDENT PERFORMANCE AND ACHIEVEMENT.

ADJOURNMENT

At 4:55 P.M. the House in accordance with the motion of Rep. KEESLEY adjourned in memory of Mrs. Myrtle C. Cato to meet at 10:00 A.M. tomorrow.

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