South Carolina General Assembly
109th Session, 1991-1992
Journal of the House of Representatives

WEDNESDAY, MARCH 11, 1992

Wednesday, March 11, 1992
(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:

We thank You, Heavenly Father, for the unique opportunities of service which you have opened to us in our places of challenge. Take the good things we do and multiply them to the honor of Your holy Name. Overrule and bring to naught anything done amiss. And wherever our paths leads, make us patient in goodness, steadfast in service, and continuous in our discipleship. So in all places and on every occasion, use us for the welfare of our beloved State, and for the good of its citizens.

Be our never-failing Companion, and grant us Your peace, both now and always. 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.

R. 300, H. 4308--GOVERNOR'S VETO OVERRIDDEN
STATE OF SOUTH CAROLINA
OFFICE OF THE GOVERNOR

March 10, 1992
Mr. Speaker and Members of the House:

I am hereby returning without my approval H. 4308, R-300, an Act:
TO AMEND ACT 197 OF 1991, RELATING TO THE BOARD OF COMMISSIONERS OF THE MARION COUNTY HOSPITAL DISTRICT, SO AS TO PROVIDE THAT TERMS OF THE COMMISSIONERS SHALL COINCIDE WITH THE HOSPITAL'S FISCAL YEAR.

This veto is based upon an opinion of the Attorney General's Office dated March 9, 1992 which states in concluding:

"The act bearing ratification number 300 of 1992 amends Act No. 197 of 1991 to provide that the terms of the commissioners of the Marion County Hospital District are to coincide with the hospital's fiscal year. Marion County Hospital District is a special purpose district located wholly within Marion County. See Ops. Atty. Gen. dated April 24, 1991 and March 24, 1977. Thus, H. 4308, R-300 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the constitution of the State of South Carolina provides that '[n]o laws of a specific county shall be enacted.' Acts similar to H. 4308, R-300 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7."

Yours sincerely,
Carroll A. Campbell, Jr.
Governor

Mark R. Elam, Esquire
Senior Counsel to the Governor
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211

Dear Mr. Elam:

By your letter of March 3, 1992, you have asked for the opinion of this Office as to constitutionality of H. 4308, R-300 an act relative to the Board of Commissioners of the Marion County Hospital District. For the reasons following, it is the opinion of this Office that the Act is of doubtful constitutionality.

In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. More over, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v. Macklen, 186 S.C. 290, 195 S.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this Office may comment upon potential constitutional problems, it is solely within the province of this courts of the State to declare an act unconstitutional.

The act bearing ratification number 300 of 1992 amends Act No. 197 of 1991 to provide that the terms of the commissioners of the Marion County Hospital District are to coincide with the hospital's fiscal year. Marion County Hospital District is a special purpose district located wholly within Marion County. See Ops. Atty. Gen. dated April 24, 1991 and March 24, 1977. Thus, H. 4308, R-300 of 1992 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 4308, R-300 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Craver, 267 S.C. 558, 230 S.E.2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).

Based on the foregoing, we would advise that H. 4308, R-300 would be of doubtful constitutionality. Of course, this Office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.

Sincerely,
Patricia D. Petway
Assistant Attorney General

The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:

Yeas 2; Nays 0;

Those who voted in the affirmative are:

Elliott, L.            Harwell

Total--2

Those who voted in the negative are:

Total--0

So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.

MOTION ADOPTED

Rep. L. MARTIN moved that when the House adjourns it adjourn in memory of Ms. Lynn Garrison of Pickens, which was agreed to.

REGULATION

The following was received and referred to the appropriate committee for consideration.

Document No. 1476
Promulgated By Forestry Commission
Hunting And Fishing Regulations On State Forest Lands Established As Wildlife Management Areas
Received By Speaker March 10, 1992
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 day review expiration date July 8, 1992

REPORT OF STANDING COMMITTEE

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

H. 4538 -- Reps. Wilkins, Fair, Mattos, Haskins, Cato, Manly, M.O. Alexander and Vaughn: A CONCURRENT RESOLUTION TO URGE THE VIDEO SOFTWARE DEALERS ASSOCIATION OF AMERICA AND ITS MEMBERS, AMONG OTHER THINGS, TO ADOPT AND STRENGTHEN MEMBERSHIP REQUIREMENTS AND OTHER PROCEDURES TO PREVENT MINORS FROM GAINING ACCESS TO CERTAIN MOTION PICTURES AND VIDEOTAPES, TO URGE THE GOVERNOR TO PROCLAIM A VIDEO AWARENESS WEEK, AND TO COMMEND THE JUNIOR LEAGUE OF GREENVILLE FOR ITS EFFORTS TO PROTECT MINORS FROM VIEWING CERTAIN MOTION PICTURES AND VIDEOTAPES.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

On motion of Rep. WALDROP, with unanimous consent, the following was taken up for immediate consideration:

H. 4544 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO PROCLAIM THE WEEK OF MAY 3-9, 1992, AS "NEWBERRY COUNTY JUNIOR SCHOLARSHIP PAGEANT WEEK" IN NEWBERRY COUNTY.

Whereas, the members of the General Assembly note with pleasure that the Newberry County Junior Scholarship Pageant will be held the week of May 3-9, 1992; and

Whereas, the Pageant is the culmination of months and years of hard work by the administrative staff, sponsors and participants; and

Whereas, Newberry County Junior Scholarship Pageant candidates are judged in the following categories: (1)     Panel Evaluation - based on qualities and characteristics that make up a contestant's ability to communicate with intelligence, clarity of expression and a sense of values; (2)     Formal Gown Presentation - based on beauty, poise, confidence and composure during on-stage performance; and

Whereas, the young ladies who vie for the titles to represent Newberry County have worked diligently with patience and good humor to hone their skills; and

Whereas, 1992 is a year of particular joy as the Newberry County Junior Scholarship Pageant is taking part in the twentieth anniversary celebration of the South Carolina Scholarship Pageant based in Sumter, South Carolina. Newberry County Junior Pageant winners advance to the South Carolina Pageant for state titles and scholarships; and

Whereas, it is appropriate for members of the General Assembly to note the discipline and determination that characterizes these outstanding young ladies who seek the Newberry County titles and to publicly recognize this outstanding pageant and its contestants. Now, therefore,

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

That the week of May 3-9, 1992, is proclaimed "Newberry County Junior Scholarship Pageant Week" in Newberry County and the people of Newberry County are called upon to celebrate the week with appropriate observances.

Be it further resolved that a copy of this resolution be presented to Pageant officials.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4545 -- Reps. L. Martin, Hendricks and Marchbanks: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MS. LYNN GARRISON OF PICKENS WHO DIED ON FRIDAY, MARCH 6, 1992.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4546 -- Rep. Wilkes: A BILL TO CREATE THE FAIRFIELD COUNTY ECONOMIC DEVELOPMENT BOARD; TO PROVIDE FOR ITS MEMBERS AND TERMS, ITS PURPOSE, POWERS, AND DUTIES.

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

CONCURRENT RESOLUTION

On motion of Rep. FELDER, with unanimous consent, the following was taken up for immediate consideration:

H. 4547 -- Reps. Felder, Cobb-Hunter, Bennett, Council, Anderson, Beatty, J. Brown, Byrd, Canty, Glover, Inabinett, D. Martin, Scott, Taylor, Whipper, White and D. Williams: A CONCURRENT RESOLUTION DECLARING TUESDAY, MARCH 24, 1992, AS SOUTH CAROLINA STATE UNIVERSITY DAY.

Whereas, South Carolina State University, since its founding in 1896, has played an extraordinary part in the cause of higher education for the people of South Carolina; and

Whereas, South Carolina State University is accredited by the Southern Association of Colleges and Schools and is a member of the Council of Graduate Schools in the United States; and

Whereas, South Carolina State University is the only public institution in South Carolina offering the Ed. D. Degree; and

Whereas, South Carolina State University is currently involved in more than ten million dollars in research; and

Whereas, South Carolina State University is the only institution in South Carolina to offer both undergraduate and graduate degree programs in speech pathology and audiology; and

Whereas, South Carolina State University's nationally accredited Counseling and Self-Development Center offers among its programs Psychometric Services; and

Whereas, South Carolina State University's School of Education with its nationally accredited teacher education program is the only one in South Carolina to operate a laboratory school (Felton Laboratory School); and

Whereas, South Carolina State University's nationally accredited School of Engineering Technology is the only one in South Carolina; and

Whereas, South Carolina State University's nationally accredited School of Home Economics and Human Services prepares students for fruitful careers in nutrition and allied areas; and

Whereas, South Carolina State University's Army ROTC Program has commissioned more Black officers than any other institution and enjoys the status of having two retired Brigadier Generals, a Lieutenant General, and a Major General; and

Whereas, South Carolina State University's Museum/Planetarium is the largest single exhibit gallery in South Carolina and the largest planetarium between Chapel Hill, North Carolina, and Atlanta, Georgia; and

Whereas, South Carolina State University has more than twenty thousand alumni of record; and

Whereas, this valued institution has been especially beneficial in the intellectual, cultural, and economic life of the Orangeburg community and of the Midlands of South Carolina. Now, therefore,

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

That Tuesday, March 24, 1992, is declared South Carolina State University Day.

Be it further resolved that a copy of this resolution be forwarded to Acting President of South Carolina State University.

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

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Anderson               Bailey, G.             Bailey, J.
Baker                  Barber                 Baxley
Beasley                Beatty                 Bennett
Boan                   Brown, G.              Brown, H.
Brown, J.              Bruce                  Burch, K.
Byrd                   Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Corbett                Cork
Council                Cromer                 Delleney
Elliott, D.            Elliott, L.            Fair
Farr                   Foster                 Fulmer
Gonzales               Hallman                Harrelson
Harris, J.             Harris, P.             Harrison
Harwell                Hendricks              Hodges
Holt                   Houck                  Hyatt
Inabinett              Jaskwhich              Jennings
Keegan                 Kempe                  Kennedy
Keyserling             Kinon                  Kirsh
Klapman                Lanford                Littlejohn
Manly                  Marchbanks             Martin, D.
Martin, L.             Martin, M.             Mattos
McAbee                 McCraw                 McGinnis
McKay                  McLeod                 McTeer
Meacham                Neilson                Nettles
Phillips               Rama                   Rhoad
Riser                  Rogers                 Ross
Rudnick                Scott                  Sharpe
Sheheen                Shirley                Shissias
Smith                  Snow                   Stoddard
Stone                  Taylor                 Townsend
Tucker                 Vaughn                 Waites
Wells                  Whipper                White
Wilder                 Wilkins                Williams, D.
Wofford                Wright                 Young, A.
Young, R.

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 11.

Roland S. Corning                 Maggie Glover
Terry E. Haskins                  John G. Felder
Dave C. Waldrop                   Tim Wilkes
John Williams                     Rick Quinn
Thomas E. Huff                    Joseph McElveen
C. Lenoir Sturkie                 Larry E. Gentry
Larry Koon                        Ralph Canty
Total Present--120

LEAVES OF ABSENCE

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

The SPEAKER granted Rep. NETTLES a leave of absence.

STATEMENT OF ATTENDANCE

Rep. STURKIE 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 9.

STATEMENT RE ATTENDANCE

Rep. HUFF signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, March 4.

DOCTOR OF THE DAY

Announcement was made that Dr. Hal Shaw of Greenville is the Doctor of the Day for the General Assembly.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., March 11, 1992

Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. TUCKER the invitation was accepted.

H. 4500--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 28, Amendment No. 153, Rep. D. ELLIOTT having the floor.

H. 4500
GENERAL APPROPRIATION BILL
SECTION 28--ADOPTED

Debate was resumed on Section 28.

AMENDMENT NO. 153--TABLED

Debate was resumed on Amendment No. 153, which was proposed on Tuesday, March 10, by Reps. TOWNSEND and CARNELL.

Rep. D. ELLIOTT continued speaking.

Rep. FAIR spoke in favor of the amendment.

Rep. CARNELL spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 53; Nays 54

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Baker
Barber                 Baxley                 Beasley
Bennett                Brown, G.              Burch, K.
Cato                   Clyborne               Cooper
Cork                   Cromer                 Elliott, D.
Elliott, L.            Farr                   Fulmer
Gonzales               Hallman                Harrelson
Harris, J.             Harwell                Haskins
Hodges                 Jaskwhich              Jennings
Keegan                 Kempe                  Kennedy
Keyserling             Kinon                  Kirsh
Martin, M.             Mattos                 McGinnis
McKay                  McLeod                 Meacham
Nettles                Rama                   Rhoad
Riser                  Rogers                 Sheheen
Snow                   Vaughn                 Waites
Wilkins                Wofford                Wright
Young, A.              Young, R.

Total--53

Those who voted in the negative are:

Alexander, M.O.        Altman                 Anderson
Bailey, J.             Beatty                 Brown, H.
Brown, J.              Bruce                  Byrd
Carnell                Chamblee               Cobb-Hunter
Corbett                Corning                Council
Delleney               Fair                   Felder
Glover                 Harris, P.             Harrison
Hendricks              Holt                   Houck
Inabinett              Klapman                Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             Martin, L.             McAbee
McCraw                 McTeer                 Phillips
Ross                   Rudnick                Scott
Sharpe                 Shirley                Shissias
Smith                  Stoddard               Stone
Taylor                 Townsend               Tucker
Wells                  Whipper                White
Wilder                 Wilkes                 Williams, D.

Total--54

So, the House refused to table the amendment.

RECORD FOR VOTING

I would like to be recorded as voting yes, to table the amendment.

Rep. DANNY M. BRUCE

Rep. BAXLEY spoke against the amendment and moved to adjourn debate upon the amendment.

Rep. CARNELL moved to table the motion to adjourn debate.

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

Yeas 71; Nays 16

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Barber                 Beatty                 Bennett
Boan                   Brown, H.              Bruce
Burch, K.              Carnell                Cato
Chamblee               Clyborne               Cobb-Hunter
Cooper                 Council                Delleney
Elliott, L.            Farr                   Felder
Glover                 Gonzales               Harris, P.
Harrison               Harwell                Hendricks
Houck                  Inabinett              Kempe
Kennedy                Keyserling             Kinon
Kirsh                  Klapman                Lanford
Littlejohn             Manly                  Martin, D.
Martin, L.             Mattos                 McAbee
McCraw                 McGinnis               McLeod
Meacham                Phillips               Rama
Ross                   Rudnick                Scott
Sharpe                 Sheheen                Shirley
Shissias               Smith                  Stoddard
Stone                  Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Young, A.

Total--71

Those who voted in the negative are:

Baker                  Baxley                 Beasley
Brown, G.              Elliott, D.            Fulmer
Hallman                Hodges                 Jennings
Keegan                 Martin, M.             McKay
Rhoad                  Riser                  Snow
Wright

Total--16

So, the motion to adjourn debate was tabled.

Reps. SNOW and G. BROWN spoke against the amendment.

Reps. P. HARRIS and HENDRICKS spoke in favor of the amendment.

Reps. KENNEDY, L. ELLIOTT, BRUCE and HARWELL spoke against the amendment.

Rep. WHITE spoke in favor of the amendment.

Rep. M. MARTIN moved to table the amendment.

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

Yeas 63; Nays 49

Those who voted in the affirmative are:

Alexander, T.C.        Bailey, G.             Baker
Barber                 Baxley                 Beasley
Bennett                Brown, G.              Bruce
Burch, K.              Cato                   Clyborne
Cobb-Hunter            Cooper                 Cork
Cromer                 Delleney               Elliott, D.
Elliott, L.            Farr                   Fulmer
Gonzales               Hallman                Harrelson
Harwell                Haskins                Hodges
Huff                   Jaskwhich              Jennings
Keegan                 Kempe                  Kennedy
Keyserling             Kinon                  Kirsh
Koon                   Martin, L.             Martin, M.
McElveen               McGinnis               McKay
McLeod                 McTeer                 Meacham
Neilson                Nettles                Quinn
Rhoad                  Riser                  Rogers
Sheheen                Snow                   Vaughn
Waites                 Waldrop                Wells
Wilkins                Williams, J.           Wofford
Wright                 Young, A.              Young, R.

Total--63

Those who voted in the negative are:

Alexander, M.O.        Altman                 Anderson
Bailey, J.             Beatty                 Brown, H.
Brown, J.              Byrd                   Carnell
Chamblee               Corbett                Corning
Council                Fair                   Felder
Glover                 Harris, P.             Harrison
Hendricks              Holt                   Houck
Inabinett              Klapman                Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             McAbee                 McCraw
Phillips               Rama                   Ross
Rudnick                Scott                  Sharpe
Shirley                Shissias               Smith
Stoddard               Stone                  Taylor
Townsend               Tucker                 Whipper
White                  Wilder                 Wilkes
Williams, D.

Total--49

So, the amendment was tabled.

Section 28 was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 4500     General Subject Matter: General Appropriation Bill, 1992-93.

Section #: 28.     Subject Matter: Department of Education.

Amendment #: 153.     Subject Matter: Fees on Pharmacist.

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. A. HYATT

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 28.13A

Section 28.13A 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 28.19

Section 28.19 was adopted.

SECTION 28.20

Section 28.20 was adopted.

SECTION 28.21--ADOPTED AND INTERRUPTED DEBATE

Section 28.21 was adopted.

Reps. JASKWHICH and HARVIN proposed the following Amendment No. 125 (Doc Name L:\h-wm\legis\amend\FAR.MJ1).

Amend the bill, as and if amended, Part I, Section 28, Department of Education, Page 380, Line 27, right column, Proviso 28.21, by striking /4.3%/ and inserting /0.4%/

Renumber sections & amend totals/title to conform.

Rep. JASKWHICH explained the amendment.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 125 to Section 28.21. Rep. JASKWHICH having the floor.

RATIFICATION OF ACTS

At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R305) S. 1140 -- Senators Waddell, Leatherman, Gilbert and McGill: AN ACT TO AMEND SECTION 12-7-1245, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS LOCATED IN THIS STATE, SO AS TO REVISE THE CATEGORIES OF JOBS WHICH MUST BE CREATED TO QUALIFY FOR THE CREDIT, TO ADD ADDITIONAL REQUIREMENTS FOR PERSONAL PROPERTY TO QUALIFY FOR THE CREDIT, TO EXPAND THE PERSONAL PROPERTY FOR WHICH THE CREDIT MAY BE CLAIMED, TO PROVIDE THE TAXABLE YEARS TO WHICH THE CREDIT APPLIES, TO REQUIRE RECAPTURE OF THE CREDIT IF STAFFING LEVELS ARE NOT TIMELY MET, TO PROHIBIT THE CREDIT FOR A YEAR WHEN STAFFING LEVELS ARE NOT MET AND DELETE THAT YEAR FROM THE CARRY FORWARD PERIOD, TO ALLOW THE CREDIT WHEN A FEE IN LIEU OF TAXES ARRANGEMENT EXISTS, TO REQUIRE A REDUCTION IN THE INCOME TAX BASIS ONLY OF PROPERTY FOR WHICH THE CREDIT WAS CLAIMED, TO REVISE AND ADD ADDITIONAL DEFINITIONS, AND TO ALLOW TAXPAYERS RELYING ON RULINGS FROM THE SOUTH CAROLINA TAX COMMISSION IN THE APPLICATION OF THE FORMER PROVISIONS OF THE CODE SECTION TO CONTINUE TO RELY ON THE RULINGS AND ALLOW THE TAXPAYER TO BENEFIT FROM THE PROVISIONS OF THE SECTION.

(R306) S. 1262 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-71-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS FOR GROUP HEALTH, GROUP ACCIDENT, AND GROUP ACCIDENT AND HEALTH INSURANCE, SO AS TO DELETE THE "REASON OF AGE" REQUIREMENT FOR CONTRACTS OF ACCIDENT AND HEALTH INSURANCE DESIGNED TO SUPPLEMENT REIMBURSEMENTS UNDER MEDICARE.

(R307) S. 1251 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUME 17 AND NEW VOLUME 17A OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1992.

(R308) S. 359 -- Senators Passailaigue, Rose and Martschink: AN ACT TO AMEND CHAPTER 25, TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE ELECTION LAWS, BY ADDING SECTION 7-25-200 SO AS TO PROHIBIT A CANDIDATE IN ANY ELECTION FROM ACCEPTING MONEY TO FILE FOR OR WITHDRAW FROM CANDIDACY; AND TO PROVIDE CIVIL REMEDIES AND CRIMINAL PENALTIES; AND TO PROVIDE EXCEPTIONS.

(R309) H. 4398 -- Reps. McAbee, Rogers, G. Bailey, Shirley, Carnell, Phillips, Keegan, Wells, Tucker, Chamblee, Marchbanks, P. Harris, Shissias, Rhoad, Snow, Corning, Altman, Beasley, Riser, Bennett, Council, Wright, T.C. Alexander, Cato, Koon, Kempe, Neilson, Cromer, Townsend, D. Elliott, M.O. Alexander, Baxley, Hendricks, L. Martin, Mattos, Bruce, Waldrop, Jaskwhich and J.C. Johnson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-675 SO AS TO DESIGNATE THE CLEMSON UNIVERSITY BOTANICAL GARDEN AS THE STATE BOTANICAL GARDEN.

(R310) H. 4460 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO THE GOVERNOR'S TEACHING SCHOLARSHIP/LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1391, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

(R311) H. 4461 -- Rep. Wilder: AN ACT TO PROVIDE A PER DIEM ALLOWANCE FOR MEMBERS OF THE WILLISTON SCHOOL DISTRICT BOARD OF TRUSTEES IN BARNWELL COUNTY.

THE HOUSE RESUMES

At 11:55 A.M. the House resumed, the SPEAKER in the Chair.

H. 4500--INTERRUPTED DEBATE

Debate was resumed on the following bill the pending question being the consideration of Section 28.21, Amendment No. 125, Rep. JASKWHICH having the floor.

H. 4500
GENERAL APPROPRIATION BILL
SECTION 28.21--INTERRUPTED DEBATE

Debate was resumed on Section 28.21.

AMENDMENT NO. 125--TABLED

Debate was resumed on Amendment No. 125, which was proposed by Reps. JASKWHICH and HARVIN.

Rep. JASKWHICH continued speaking.

Rep. McTEER spoke against the amendment.

Rep. JASKWHICH spoke in favor of the amendment and moved to adjourn debate upon the amendment.

Rep. McTEER moved to table the motion.

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

Yeas 76; Nays 33

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Bailey, J.
Barber                 Baxley                 Beasley
Bennett                Boan                   Brown, G.
Brown, J.              Burch, K.              Byrd
Carnell                Chamblee               Cobb-Hunter
Corning                Council                Cromer
Delleney               Elliott, D.            Elliott, L.
Farr                   Felder                 Foster
Fulmer                 Glover                 Hallman
Harrelson              Harris, P.             Harwell
Hendricks              Hodges                 Holt
Houck                  Hyatt                  Jennings
Keegan                 Kennedy                Keyserling
Kinon                  Kirsh                  Klapman
Marchbanks             Martin, D.             Martin, L.
Mattos                 McAbee                 McCraw
McElveen               McKay                  McLeod
McTeer                 Quinn                  Rhoad
Rogers                 Ross                   Rudnick
Scott                  Sheheen                Shirley
Shissias               Smith                  Snow
Taylor                 Townsend               Tucker
Waites                 Waldrop                Whipper
White                  Wilder                 Wilkes
Williams, D.           Williams, J.           Wofford
Wright

Total--76

Those who voted in the negative are:

Alexander, M.O.        Anderson               Baker
Bruce                  Cato                   Clyborne
Corbett                Cork                   Fair
Gonzales               Harrison               Haskins
Huff                   Inabinett              Jaskwhich
Koon                   Lanford                Littlejohn
Manly                  McGinnis               Meacham
Neilson                Phillips               Rama
Riser                  Sharpe                 Stone
Sturkie                Vaughn                 Wells
Wilkins                Young, A.              Young, R.

Total--33

So, the motion to adjourn debate was tabled.

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

Rep. TOWNSEND proposed the following Amendment No. 172 (Doc Name L:\h-wm\legis\amend\FAR.T12).

Amend the bill, as and if amended, Part I, Section 28, Education, Page 380, Line 26, right column, Proviso 28.21, by striking /1,569/ and inserting /1,629/

Renumber sections & amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

LEAVE OF ABSENCE

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

Rep. TOWNSEND continued speaking.

Rep. LANFORD moved that the House recede until 2:00 P.M.

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

Yeas 65; Nays 49

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Anderson
Bailey, G.             Baker                  Baxley
Beatty                 Bennett                Brown, G.
Brown, H.              Brown, J.              Bruce
Burch, K.              Byrd                   Carnell
Cato                   Chamblee               Cobb-Hunter
Cooper                 Corbett                Farr
Foster                 Fulmer                 Gentry
Glover                 Gonzales               Hallman
Harris, P.             Harvin                 Haskins
Huff                   Inabinett              Jaskwhich
Keegan                 Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, D.             McAbee                 McGinnis
McKay                  Phillips               Rama
Rhoad                  Riser                  Ross
Rudnick                Scott                  Sharpe
Shirley                Snow                   Stone
Taylor                 Vaughn                 Waldrop
Wells                  Whipper                White
Wilder                 Wilkes                 Wofford
Wright                 Young, R.

Total--65

Those who voted in the negative are:

Alexander, T.C.        Bailey, J.             Barber
Beasley                Boan                   Clyborne
Cork                   Corning                Council
Cromer                 Delleney               Elliott, D.
Elliott, L.            Fair                   Felder
Harrelson              Harrison               Harwell
Hendricks              Hodges                 Holt
Houck                  Hyatt                  Kempe
Kennedy                Keyserling             Kinon
Kirsh                  Klapman                Martin, L.
Martin, M.             McCraw                 McElveen
McLeod                 McTeer                 Meacham
Neilson                Quinn                  Rogers
Sheheen                Shissias               Smith
Townsend               Tucker                 Waites
Wilkins                Williams, D.           Williams, J.
Young, A.

Total--49

So, the motion that the House recede until 2:00 P.M., was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 172 to Section 28.21, Rep. TOWNSEND having the floor.

THE HOUSE RESUMES

At 2:00 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.

LEAVE OF ABSENCE

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

H. 4500--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 28.21, Amendment No. 172, Rep. TOWNSEND having the floor.

H. 4500
GENERAL APPROPRIATION BILL
SECTION 28.21--ADOPTED

Debate was resumed on Section 28.21.

AMENDMENT NO. 172--TABLED

Debate was resumed on Amendment No. 172, by Rep. TOWNSEND.

Rep. TOWNSEND spoke in favor of the amendment.

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

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

The amendment was then tabled by a division vote of 58 to 21.

Rep. TOWNSEND proposed the following Amendment No. 67 (Doc Name L:\h-wm\legis\amend\FAR.RT3), which was ruled out of order.

Amend the bill, as and if amended, Part I, Section 28, Education, Page 381, Line 13, left column, Proviso 28.21, by inserting after "herein" /If mid-year reductions are made in the EFA during FY 1992-93, the General Assembly shall first restore any such reduction before funding an inflationary or pupil increase for FY 1993-94.

Renumber sections & amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER

Rep. McTEER raised the Point of Order that Amendment No. 67 was out of order as it referred to the 1993-94 Appropriation Bill and would not be germane to this Bill.

Rep. TOWNSEND argued contra the Point.

The SPEAKER stated that the Amendment attempted to affect the 1993-94 Appropriation Bill in the temporary section of the 1992-93 Appropriation Bill and he sustained the Point of Order and ruled the Amendment out of order.

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--ADOPTED

Rep. TOWNSEND proposed the following Amendment No. 58 (Doc Name L:\h-wm\legis\amend\FAR.RT1), which was tabled.

Amend the bill, as and if amended, Part I, Section 28, Education, Page 382, Line 19, left column, Proviso 28.27, by striking /must be used first/ and inserting after "and" /shall only be used/

Renumber sections & amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

Rep. McTEER spoke against the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

Rep. McTEER moved to table the amendment, which was agreed to by a division vote of 72 to 23.

Section 28.27 was adopted.

SECTION 28.27A

Section 28.27A 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 28.34

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--AMENDED AND ADOPTED

Rep. WILDER proposed the following Amendment No. 98 (Doc Name L:\council\legis\amend\BR1\2274.AC), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, Department of Education, by deleting paragraph 28.38, page 383, right column, lines 4 through 35 and inserting:

/28.38.     (Handicapped Preschool Children/PL 99-457). The Early Intervention Programs for Preschool-Age Handicapped Children Act, Act 322 of 1990, is authorized through fiscal year 1992-93 to meet the provisions of Public Law 99-457. Funding for the programs provided for the three- and four-year-old handicapped children served under this act must be distributed based on the district's index of taxpaying ability as defined in Section 59-20-20(3) and the service model chosen for each child. The average amount for per child served in the speech model must be $125 and an average amount per child served under the three other service models must be $900 to the extent possible within the funds appropriated under VII. Direct Aid School District, P.L. 99-457. For the purposes of this paragraph, the four models of service are those proposed by the Office of Programs for Handicapped for implementation of P.L. 99-457, speech, self-contained, itinerant, and homebased instruction. Five-year-old handicapped children must continue to be funded under the Education Finance Act of 1977. For the purposes of ascertaining costs, service to all five-year-olds with handicapping conditions funded under the Education Finance Act must be classified according to the four service models./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WILDER explained the amendment.

The amendment was then adopted.

Section 28.38 as amended 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 28.44

Section 28.44 was adopted.

SECTION 28.45

Section 28.45 was adopted.

SECTION 28.47

Section 28.47 was adopted.

SECTION 28.48

Section 28.48 was adopted.

SECTION 28.49--AMENDED AND DELETED

Rep. PHILLIPS proposed the following Amendment No. 21 (Doc Name L:\h-wm\legis\amend\FAR.OP1), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, Education, Page 0384, right column, Proviso 28.49, deleting the proviso in its entirety

Renumber sections & amend totals/title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then 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--AMENDED AND ADOPTED

Rep. McTEER proposed the following Amendment No. 44 (Doc Name L:\h-wm\legis\amend\FAR.DM1), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, Education, Page 0385, right column, Proviso 28.58, Line 20, by striking /1991/ and/by inserting /1992/

Amend further, Line 22, by striking /1991-92/ and inserting /1992-93/

Renumber sections & amend totals/title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Section 28.58 as amended was adopted.

SECTION 28.59

Section 28.59 was adopted.

SECTION 28.60

Section 28.60 was adopted.

SECTION 28.61

Section 28.61 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 28A.1

Section 28A.1 was adopted.

SECTION 28A.2

Section 28A.2 was adopted.

SECTION 28A.3

Section 28A.3 was adopted.

SECTION 28A.4

Section 28A.4 was adopted.

SECTION 28A.5

Section 28A.5 was adopted.

SECTION 28A.6

Section 28A.6 was adopted.

SECTION 28A.7

Section 28A.7 was adopted.

SECTION 28A.8

Section 28A.8 was adopted.

SECTION 28A.9

Section 28A.9 was adopted.

SECTION 28A.10

Section 28A.10 was adopted.

SECTION 28A.11

Section 28A.11 was adopted.

SECTION 28A.12

Section 28A.12 was adopted.

SECTION 28A.12A

Section 28A.12A was adopted.

SECTION 28A.13

Section 28A.13 was adopted.

SECTION 28A.14

Section 28A.14 was adopted.

SECTION 28A.14A

Section 28A.14A was adopted.

SECTION 28A.15

Section 28A.15 was adopted.

SECTION 28A.16

Section 28A.16 was adopted.

SECTION 28A.17

Section 28A.17 was adopted.

SECTION 28A.17A

Section 28A.17A was adopted.

SECTION 28A.18

Section 28A.18 was adopted.

SECTION 28A.19

Rep. McTEER explained the section.

Section 28A.19 was adopted.

SECTION 28A.20

Section 28A.20 was adopted.

SECTION 28A.21

Section 28A.21 was adopted.

SECTION 28A.22

Section 28A.22 was adopted.

SECTION 28A.23

Section 28A.23 was adopted.

SECTION 28A.24

Section 28A.24 was adopted.

SECTION 28A.25

Section 28A.25 was adopted.

SECTION 28A.26

Section 28A.26 was adopted.

SECTION 28A.27

Section 28A.27 was adopted.

SECTION 28A.28

Section 28A.28 was adopted.

SECTION 28A.29

Section 28A.29 was adopted.

SECTION 28A.29A

Section 28A.29A was adopted.

SECTION 28A.30

Section 28A.30 was adopted.

SECTION 28A.31

Section 28A.31 was adopted.

SECTION 28A.32

Section 28A.32 was adopted.

SECTION 28A.33

Section 28A.33 was adopted.

SECTION 28A.34

Section 28A.34 was adopted.

SECTION 28A.36

Section 28A.36 was adopted.

SECTION 28A.37

Section 28A.37 was adopted.

SECTION 28A.37A

Section 28A.37A was adopted.

SECTION 28A.38

Section 28A.38 was adopted.

SECTION 28A.39

Section 28A.39 was adopted.

SECTION 28A.40

Section 28A.40 was adopted.

SECTION 28A.41

Section 28A.41 was adopted.

SECTION 28A.42

Section 28A.42 was adopted.

SECTION 28A.43--AMENDED AND DELETED

Rep. McTEER proposed the following Amendment No. 157 (Doc Name L:\h-wm\legis\amend\TMRMCTEE.SDE), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, Department of Education, Page 391, Left column, by deleting proviso 28A.43 in its entirety.

Renumber sections & amend totals/title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

SECTION 28A.44

Section 28A.44 was adopted.

SECTION 28A.45

Section 28A.45 was adopted.

SECTION 28A.46

Section 28A.46 was adopted.

SECTION 28A.47

Section 28A.47 was adopted.

SECTION 28A.49

Section 28A.49 was adopted.

SECTION 28A.50

Section 28A.50 was adopted.

SECTION 28A.51

Section 28A.51 was adopted.

SECTION 28A.52

Section 28A.52 was adopted.

SECTION 28A.53

Section 28A.53 was adopted.

SECTION 28A.54

Section 28A.54 was adopted.

SECTION 28A.55

Section 28A.55 was adopted.

SECTION 28A.56

Section 28A.56 was adopted.

SECTION 28A.58

Section 28A.58 was adopted.

SECTION 28A.59

Section 28A.59 was adopted.

SECTION 28A.60--AMENDED AND DELETED

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\h-wm\legis\amend\FAR.WM1), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, Education, Page 393, Line 5, right column, Proviso 28A.60, deleting the proviso in its entirety.

Renumber sections & amend totals/title to conform.

Rep. McTEER explained the amendment.

The amendment was then adopted.

Reps. TOWNSEND, McTEER and WHITE proposed the following Amendment No. 111 (Doc Name L:\h-wm\legis\amend\T11), which was adopted.

Amend the bill, as and if amended, Part I, Section 28, Education, Page 393, Line 35, by adding an appropriately numbered proviso at the end to read /28.___ The Joint Legislative Committee to Study Formal Funding in Education Programs shall develop plans based on the recommendations of the Base Student Cost Study and the Adult Education Study by October 1 of the current year. The State Department of Education is directed to assist the committee by consulting with the local school superintendents, school boards, teachers and the Business-Education Subcommittee, Business-Education Partnership for Excellence in Education and providing technical assistance as required./

Renumber sections & amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

Rep. RUDNICK proposed the following Amendment No. 176 (Doc Name L:\h-wm\legis\amend\FAR.RT8), which was tabled.

Amend the bill, as and if amended, Part I, Section 28, Education, Page 393, Right Column, by adding an appropriately numbered proviso at the end to read /28.___ (EFA Non-recurring) The funds appropriated under X. Special Items: non-recurring EFA shall be allocated to districts in the same manner as EFA Funds but no local match will be required.

Renumber sections & amend totals/title to conform.

Rep. RUDNICK explained the amendment.

Rep. McTEER moved to table the amendment.

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

Yeas 78; Nays 18

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Anderson
Bailey, J.             Barber                 Boan
Brown, G.              Brown, H.              Bruce
Burch, K.              Canty                  Carnell
Cato                   Chamblee               Clyborne
Corbett                Cork                   Corning
Council                Cromer                 Delleney
Elliott, D.            Elliott, L.            Fair
Farr                   Felder                 Foster
Fulmer                 Gentry                 Gonzales
Hallman                Harrelson              Harris, J.
Harris, P.             Harrison               Hodges
Holt                   Houck                  Huff
Hyatt                  Jaskwhich              Jennings
Keegan                 Keyserling             Kinon
Kirsh                  Koon                   Lanford
Littlejohn             Marchbanks             Martin, D.
Martin, L.             Mattos                 McAbee
McCraw                 McElveen               McGinnis
McKay                  McTeer                 Meacham
Quinn                  Rama                   Riser
Sheheen                Shissias               Smith
Snow                   Tucker                 Vaughn
Waldrop                Wells                  Wilder
Wilkins                Williams, J.           Wofford
Wright                 Young, A.              Young, R.

Total--78

Those who voted in the negative are:

Alexander, T.C.        Baxley                 Beatty
Cobb-Hunter            Haskins                Hendricks
Inabinett              Kempe                  Kennedy
Neilson                Rhoad                  Ross
Rudnick                Stoddard               Waites
Whipper                White                  Wilkes

Total--18

So, the amendment was tabled.

AMENDMENT NO. 142, SECTION 28--MOTION TO
RECONSIDER TABLED

The motion of Rep. H. BROWN to reconsider the vote whereby Amendment No. 142 was tabled was taken up.

Rep. McTEER moved to table the motion to reconsider, which was agreed to.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 4500     General Subject Matter: General Appropriation Bill, 1992-93.

Section #: 28.     Subject Matter: Department of Education.

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. DENNY W. NEILSON

MOTION NOTED

Rep. McGINNIS moved to reconsider the vote whereby Amendment No. 148 on Section 15 Provisos was tabled and the motion was noted.

SECTION 36--ADOPTED

Debate was resumed on Section 36.

Section 36 was adopted.

SECTION 36.1

Section 36.1 was adopted.

SECTION 36.2

Section 36.2 was adopted.

SECTION 36.3

Section 36.3 was adopted.

Rep. McELVEEN proposed the following Amendment No. 181 (Doc Name L:\h-wm\legis\amend\VRC.ART), which was adopted.

Amend the bill, as and if amended, Part I, Section 36, Arts Commission, Page 0426, Line 19, Left column, by adding an appropriately numbered proviso at the end to read /36.___ The Commission shall make every effort to disburse state and federal grant funds to counties in the most equitable manner possible. Counties that have demonstrated initiative in seeking support and developing arts programs are to be given consideration when funds are disbursed./

Renumber sections & amend totals/title to conform.

Rep. McELVEEN explained the amendment.

The amendment was then adopted.

SECTION 39--AMENDED AND ADOPTED

Debate was resumed on Section 39.

AMENDMENT NO. 73--DEBATE ADJOURNED

Reps. MATTOS, SHISSIAS, L. ELLIOTT, KEYSERLING, RAMA, KOON, D. WILLIAMS, NEILSON, McGINNIS, JENNINGS, TUCKER, HOUCK, J. HARRIS, WOFFORD, J. BROWN, CORK, TOWNSEND, MANLY, CORNING, HYATT, WAITES, BYRD, H. BROWN, K. BURCH, ROGERS, A. YOUNG, COBB-HUNTER, KEMPE, SMITH, WILKES, FULMER, STODDARD, WHIPPER, SCOTT, COUNCIL, TAYLOR, SHARPE, McELVEEN, McLEOD, BARBER, CANTY, P. HARRIS, HOLT, LANFORD, FARR, GLOVER, LITTLEJOHN, D. MARTIN, STONE and ANDERSON proposed the following Amendment No. 73 (Doc Name L:\h-wm\legis\amend\DLC.012).

Amend the bill, as and if amended, Part I, Section 39, DHEC, page 0451, line 19, opposite/ Non-Recurring Norplant Contraceptive Device/ by increasing the in column (7) by $1,000,000 and column (8) by $1,000,000

Renumber sections & amend totals/title to conform.

Rep. MATTOS explained the amendment.

Rep. SHISSIAS spoke in favor of the amendment.

Rep. HODGES spoke against the amendment.

Rep. FELDER spoke upon the amendment.

Rep. FAIR moved to adjourn debate upon the amendment, which was adopted by a division vote of 73 to 35.

Rep. G. BROWN proposed the following Amendment No. 91 (Doc Name L:\h-wm\legis\amend\DLC.013), which was adopted.

Amend the bill, as and if amended, Part I, Section 39, DHEC, page 0462, line 1, opposite /Supplies and Materials/ by increasing the line in column (7) by $25,000

Renumber sections & amend totals/title to conform.

Rep. G. BROWN explained the amendment.

The amendment was then adopted.

Reps. MATTOS, SHISSIAS, L. ELLIOTT, KEYSERLING, RAMA, KOON, D. WILLIAMS, NEILSON, McGINNIS, JENNINGS, TUCKER, HOUCK, J. HARRIS, WOFFORD, J. BROWN, CORK, TOWNSEND, MANLY, CORNING, HYATT, WAITES, BYRD, H. BROWN, K. BURCH, ROGERS, A. YOUNG, COBB-HUNTER, KEMPE, SMITH, WILKES, FULMER, STODDARD, WHIPPER, SCOTT, COUNCIL, TAYLOR, SHARPE, McELVEEN, McLEOD, BARBER, CANTY, P. HARRIS, HOLT, LANFORD, FARR, GLOVER, LITTLEJOHN, D. MARTIN, STONE and ANDERSON proposed the following Amendment No. 73 (Doc Name L:\h-wm\legis\amend\DLC.012), which was adopted.

Amend the bill, as and if amended, Part I, Section 39, DHEC, page 0451, line 19, opposite/ Non-Recurring Norplant Contraceptive Device/ by increasing the in column (7) by $400,000 and column (8) by $400,000

Renumber sections & amend totals/title to conform.

Rep. MATTOS asked unanimous consent to change the figures to 400,000, which was agreed to.

Rep. FAIR spoke against the amendment.

Reps. ROSS and HOUCK spoke in favor of the amendment.

The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 197 (Doc Name L:\council\legis\amend\BR1\2291.AC), which was adopted.

Amend the bill, as and if amended, Part I, Section 39, Department of Health and Environmental Control, page 446, line 15, opposite /Case Services/ by increasing the line by $50,000 under columns (7) and (8).

Renumber sections to conform.

Amend totals and title to conform.

Section 39 as amended was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 4500     General Subject Matter: General Appropriation Bill, 1992-93.

Section #: 39.     Subject Matter: Department of Health and Environmental Control.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. LARRY E. GENTRY

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 4500     General Subject Matter: General Appropriation Bill, 1992-93.

Section #: 39, Part I.     Subject Matter: Department of Health and Environmental Control.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. JOHN G. FELDER

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--AMENDED AND ADOPTED

Reps. COBB-HUNTER, INABINETT, WHIPPER, D. MARTIN, WAITES, KEMPE, KEYSERLING, MATTOS, CORK, BEATTY and GLOVER proposed the following Amendment No. 146 (Doc Name L:\council\legis\amend\BR1\2292.AC), which was adopted.

Amend the bill, as and if amended, Part I, Section 39, Department of Health and Environmental Control, paragraph 39.13, page 467, line 14, right column, by deleting /$433,407/ and inserting /$483,407/.

Renumber sections to conform.

Amend totals and title to conform.

Rep. COBB-HUNTER asked unanimous consent to change the figures, which was agreed to.

The amendment was then adopted.

Section 39.13 as amended 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 39.21

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 39.26

Section 39.26 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 39.31

Section 39.31 was adopted.

SECTION 39.33

Section 39.33 was adopted.

SECTION 39.34

Section 39.34 was adopted.

SECTION 39.36

Section 39.36 was adopted.

SECTION 39.37

Section 39.37 was adopted.

SECTION 39.38

Section 39.38 was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 4500     General Subject Matter: General Appropriation Bill, 1992-93.

Section #: 39.     Subject Matter: Rape Crisis Funding.

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. GILDA COBB-HUNTER

SECTION 53.1--ADOPTED

Debate was resumed on Section 53.1.

Section 53.1 was adopted.

SECTION 53.2--ADOPTED

Debate was resumed on Section 53.2.

Section 53.2 was adopted.

SECTION 66--ADOPTED

Debate was resumed on Section 66.

Rep. ALTMAN proposed the following Amendment No. 126 (Doc Name L:\h-wm\legis\amend\DLC.PRT), which was rejected.

Amend the bill, as and if amended, Part I, Section 66, PRT, Page 0605, Line 11, Opposite /Brookgreen Gardens/ by increasing the line in column (7) 91,024 and in column (8) 91,024

Amend further, Line 20, Opposite /Brookgreen Gardens (Non-recurring) by decreasing the line in column (7) 91,024 and in column (8) 91,024

Renumber sections & amend totals/title to conform.

Rep. ALTMAN explained the amendment.

The amendment was then rejected.

Section 66 was adopted.

SECTION 66.1

Section 66.1 was adopted.

SECTION 66.3

Section 66.3 was adopted.

SECTION 66.4

Section 66.4 was adopted.

SECTION 66.6

Section 66.6 was adopted.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 4500     General Subject Matter: General Appropriation Bill, 1992-93.

Section #: 66.     Subject Matter: Parks, Recreation and Tourism.

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.

Rep. THOMAS C. ALEXANDER

SECTION 119--ADOPTED

Debate was resumed on Section 119.

Section 119 was adopted.

MOTION NOTED

Rep. SHARPE moved to reconsider the vote whereby Amendment No. 126 on Section 66 was rejected and the motion was noted.

SECTION 127

Section 127 was adopted.

SECTION 128--DEBATE ADJOURNED

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

SECTION 129.62--AMENDED AND DELETED

Debate was resumed on Section 129.62.

Reps. McGINNIS and FELDER proposed the following Amendment No. 115 (Doc Name L:\council\legis\amend\BR1\2283.AC), which was adopted.

Amend the bill, as and if amended, Part I, Section 129, by deleting paragraph 129.62 on page 756 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. McGINNIS explained the amendment.

The amendment was then adopted.

SECTION 14L PROVISOS--DEBATE ADJOURNED

Debate was resumed on Sectoin 14L Provisos.

Reps. TOWNSEND and SHIRLEY proposed the following Amendment No. 161 (Doc Name L:\h-wm\legis\amend\CRK.RT1), which was ruled out of order.

Amend the bill, as and if amended, Part I, Section 14L, Budget and Control Board - Division of Local Government, Page 156, by adding an appropriately numbered proviso at the end to read /14L.___ Counties collecting special taxes specifically for sewer infrastructure are authorized to expend those funds toward water infrastructure when the funds can be matched with state funds appropriated in the Budget and Control Board Grant Program./

Renumber sections & amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 161 was out of order as it was not germane.

The SPEAKER sustained the Point of Order and ruled the Amendment out of order.

Reps. KENNEDY, HARVIN and SNOW proposed the following Amendment No. 190 (Doc Name L:\h-wm\legis\amend\CRK.KK1), which was tabled.

Amend the bill, as and if amended, Part I, Section 14L, Budget and Control Board - Division of Local Government, Page 150, by adding an appropriately numbered proviso at the end to read /14L.___ Of the funds appropriated in Section 14L for Budget and Control Board Grant Program, $235,000 shall be expended for repair and installation of the backup water system for the town of Greeleyville. Further, an additional $65,000 must be expended to conduct a sewer study./

Renumber sections & amend totals/title to conform.

Rep. KENNEDY explained the amendment.

Rep. HASKINS spoke in favor of the amendment.

Rep. BOAN spoke against the amendment.

Rep. KENNEDY spoke in favor of the amendment.

Rep. BOAN moved to table the amendment.

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

Yeas 71; Nays 30

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Bailey, J.
Baker                  Bennett                Boan
Brown, H.              Bruce                  Burch, K.
Carnell                Cato                   Chamblee
Clyborne               Cobb-Hunter            Cooper
Corbett                Cork                   Corning
Delleney               Elliott, D.            Elliott, L.
Fair                   Felder                 Fulmer
Gentry                 Gonzales               Hallman
Harris, P.             Harrison               Harwell
Hendricks              Houck                  Hyatt
Jennings               Keegan                 Keyserling
Kinon                  Kirsh                  Koon
Lanford                Littlejohn             Manly
Marchbanks             Martin, L.             Martin, M.
Mattos                 McAbee                 McCraw
McGinnis               McKay                  McLeod
McTeer                 Meacham                Neilson
Quinn                  Ross                   Rudnick
Sharpe                 Sheheen                Shissias
Smith                  Sturkie                Tucker
Waites                 Wells                  White
Wilder                 Wilkes                 Wilkins
Wofford                Young, A.

Total--71

Those who voted in the negative are:

Altman                 Anderson               Bailey, G.
Baxley                 Beatty                 Brown, G.
Brown, J.              Byrd                   Canty
Farr                   Foster                 Glover
Harvin                 Haskins                Holt
Inabinett              Jaskwhich              Kempe
Kennedy                Martin, D.             Phillips
Rama                   Rhoad                  Riser
Scott                  Snow                   Taylor
Whipper                Williams, D.           Wright

Total--30

So, the amendment was tabled.

Rep. McABEE moved to adjourn debate upon 14L Provisos, which was adopted.

SECTION 14J--ADOPTED

Debate was resumed on Section 14J.

Section 14J was adopted.

SECTION 14J.1

Section 14J.1 was adopted.

SECTION 14J.2

Section 14J.2 was adopted.

SECTION 14J.3

Section 14J.3 was adopted.

SECTION 14J.6

Section 14J.6 was adopted.

SECTION 14J.7

Section 14J.7 was adopted.

Reps. RUDNICK, STONE, MATTOS, HUFF, SMITH, GENTRY, SHARPE, WILDER, J. HARRIS, K. BURCH, DELLENEY and JENNINGS proposed the following Amendment No. 62 (Doc Name L:\council\legis\amend\CYY\18924.SD), which was ruled out of order.

Amend the bill, as and if amended, Section 14, Part I, by adding the following new paragraph 14J.8 immediately following paragraph 14J.7, as contained on page 152, to read:

/14J.8.     The Budget and Control Board, when contracting with health care providers, under the state health plan shall consider providers located in Richmond, Columbia, and McDuffie Counties in Georgia, and Gaston, Mecklenburg, Anson, Richmond, Scotland, Moore, and Union Counties in North Carolina, consistent with providers located in the State of South Carolina./

Amend totals and title to conform.

Reps. BOAN and MATTOS spoke against the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 62 was out of order as it was not germane.

Rep. RUDNICK argued contra the Point in stating that a previous Appropriation Bill had a statement which said that the Budget and Control Board would be able to regulate healthcare in this State.

The SPEAKER stated, citing Section 14J on page 124 of the Bill, that it did not relate to the expenditure of funds. He further stated that it attempted to control the expenditure of monies out of the Insurance Reserve Fund and that if the statement from last year's budget was not challenged as being germane, then it could not apply to this Point.

Rep. RUDNICK continued to argue contra the Point.

The SPEAKER stated that the Amendment attempted to cure a problem through the Appropriation Bill that needed to be cured some other way and he sustained the Point of Order and ruled the Amendment out of order.

SECTION 14J PROVISOS--DEBATE ADJOURNED

Rep. PHILLIPS moved to adjourn debate upon 14J Provisos, which was adopted.

Rep. LANFORD moved that the House do now adjourn.

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

Yeas 47; Nays 62

Those who voted in the affirmative are:

Baker                  Baxley                 Brown, G.
Brown, J.              Bruce                  Byrd
Carnell                Cato                   Chamblee
Clyborne               Cooper                 Cork
Council                Felder                 Foster
Fulmer                 Glover                 Gonzales
Hallman                Harris, P.             Haskins
Huff                   Inabinett              Jaskwhich
Koon                   Lanford                Littlejohn
Marchbanks             Martin, L.             McAbee
McLeod                 Rama                   Riser
Sharpe                 Shirley                Smith
Sturkie                Taylor                 Townsend
Vaughn                 Wilder                 Wilkes
Williams, D.           Wofford                Wright
Young, A.              Young, R.

Total--47

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Barber
Beatty                 Boan                   Brown, H.
Burch, K.              Canty                  Cobb-Hunter
Corning                Cromer                 Delleney
Elliott, L.            Fair                   Farr
Gentry                 Harrelson              Harris, J.
Harrison               Harvin                 Harwell
Hendricks              Hodges                 Holt
Houck                  Hyatt                  Jennings
Keegan                 Kempe                  Kennedy
Keyserling             Kinon                  Kirsh
Klapman                Manly                  Mattos
McCraw                 McElveen               McGinnis
McKay                  McTeer                 Meacham
Neilson                Phillips               Quinn
Rogers                 Ross                   Rudnick
Scott                  Sheheen                Snow
Stoddard               Tucker                 Waites
Waldrop                Wells                  Whipper
White                  Wilkins

Total--62

So, the House refused to adjourn.

RECURRENCE TO THE MORNING HOUR

Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.

Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of the Bill.

SENATE AMENDMENTS CONCURRED IN
AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4129 -- Rep. McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-15-145 SO AS TO TRANSFER ALL POWERS, DUTIES, AND RESPONSIBILITIES FROM THE MUNICIPAL ELECTION COMMISSION TO THE COUNTY ELECTION COMMISSION IN THOSE MUNICIPALITIES CONDUCTING ELECTIONS AT THE TIME OF THE GENERAL ELECTION UPON THE ADOPTION OF AN ORDINANCE BY THE MUNICIPALITY EFFECTING THE TRANSFER.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

H. 4500--AMENDED AND INTERRUPTED DEBATE

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

H. 4500
GENERAL APPROPRIATION BILL
PART II
SECTION 7--DEBATE ADJOURNED

Rep. D. ELLIOTT explained the Section and moved to adjourn debate upon the section, which was adopted.

SECTION 8--AMENDED AND ADOPTED

Reps. KIRSH and BOAN proposed the following Amendment No. 92 (Doc Name L:\council\legis\amend\DKA\3716.AL), which was adopted.

Amend the bill, as and if amended, PART II, SECTION 8, page 762, by striking subsection K and inserting:

/K.     Section 61-7-110 of the 1976 Code is amended to read:

"Section 61-7-110.     No person shall be is qualified as a producer representative unless and until he has made application to the Alcoholic Beverage Control Commission for a certificate of registration and such the certificate shall have has been approved and issued. The Alcoholic Beverage Control Commission shall must provide appropriate forms for application for a certificate of registration as a producer representative.

At the same time the application for a certificate of registration as a producer representative is submitted, a fee of twenty-five fifty dollars shall must be paid to the Alcoholic Beverage Control Commission and is valid for a biennial period."

L.     Section 12-33-210 of the 1976 Code is amended to read:

"Section 12-33-210. The biennial license taxes on licenses granted under the provisions of Chapter 3, Chapter 7, and Article 3 of Chapter 13, all of Title 61 which shall be in addition to all other license taxes, shall be are as follows:

(1)     for each manufacturer's license, twenty-five fifty thousand dollars;

(2)     for each wholesaler's license, ten twenty thousand dollars; and

(3)     for each retail dealer's license, six one thousand and two hundred dollars."

Each applicant shall pay a filing fee of one hundred dollars which shall must accompany the initial application for each location and which shall is not be refundable."

M.     Section 12-33-220 of the 1976 Code is amended to read:

"Section 12-33-220. Any A person granted a license on or after January first and prior to before June thirtieth of any year shall pay three fourths seven-eighths of the license fees prescribed in Section 12-33-210."

N.     This section takes effect July 1, 1992./

Reletter sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Section 8 as amended was adopted.

SECTION 9

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 12--AMENDED AND ADOPTED

Rep. McABEE proposed the following Amendment No. 122 (Doc Name L:\council\legis\amend\CYY\18938.SD), which was adopted.

Amend the bill, as and if amended, in Section 12, Part II, by adding a new subsection to be appropriately numbered immediately after subsection K. beginning on page 780 to read:

/____.     Section 56-5-4160(C) of the 1976 Code is amended to read:

"(C)     A person who operates a vehicle found to exceed the excess overall maximum gross weight limitations imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the department a fine based on the following scale:

POUNDS OF EXCESS         AMOUNT OF FINE

WEIGHT                                                     IN DOLLARS

(1)     500 - 1500 lbs.:                             $25.00

(2)     1501 - 2500 lbs.:                         45.00

(3)     2501 - 3500 lbs.:                             60.00

(4)     3501 - 4250 lbs.:                             135.00

(5)     4251 - 5250 lbs.:                             180.00

(6)     5251 - 6250 lbs.:                             300.00

(7)     6250 - 7250 lbs.:                             460.00

(8)     7251 - 8250 lbs.:                             600.00

(9)     8251 - 10250 lbs.:                         700.00

(10)     10251 - lbs. and over:                 800.00

If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the department, the owner of the vehicle is responsible for remitting the fine. The court is prohibited from suspending any portion of this fine."/

Renumber subsections to conform.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Section 12 as amended was adopted.

SECTION 13--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 34 (Doc Name L:\council\legis\amend\JIC\6261.HC), which was adopted.

Amend the bill, as and if amended, in Part II, Permanent Provisions, SECTION 13, page 790, left column, lines 20 and 21, by striking /first/ whenever it appears and inserting /tenth/.

Renumber sections to conform.

Amend totals and title to conform.

Section 13 as amended was adopted.

SECTION 14--DEBATE ADJOURNED

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

SECTION 15

Section 15 was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17--AMENDED AND ADOPTED

Rep. McLEOD proposed the following Amendment No. 133 (Doc Name L:\council\legis\amend\BR1\2289.AC), which was adopted.

Amend the bill, as and if amended, Part II, Section 17, subsection A, by deleting Section 44-56-170(G) and (H) beginning on page 793, right column, in its entirety and inserting:

"(G)     There is created in the office of the State Treasurer the Pinewood Development Fund. Ten percent of the fees imposed pursuant to subsection (F)(1) for the disposal of hazardous and nonhazardous waste at the Pinewood landfill must be deposited in the Pinewood Development Fund. This fund must be used for economic development in the Pinewood area within a five-mile radius of the landfill in Sumter or Clarendon County. Expenditure of these funds must be approved by a majority of the following:

(1)     the chairman of the Sumter County Council or a council member designated by the chairman;

(2)     the chairman of the Clarendon County Council or a council member designated by the chairman;

(3)     one member of the Sumter County Council who represents the geographical area within which this fund may be used for economic development;

(4)     one member of the Clarendon County Council who represents the geographical area within which this fund may be used for economic development.

All funds in the Pinewood Development Fund, including interest earned on the fund, must be remitted quarterly by the State Treasurer to the City of Pinewood and expended pursuant to this subsection."

B.     This section takes effect July 1, 1992./

Renumber sections to conform.

Amend totals and title to conform.

Reps. McLEOD and BOAN explained the amendment.

The amendment was then adopted.

Section 17 as amended was adopted.

SECTION 18--AMENDED AND ADOPTED

Rep. McLEOD proposed the following Amendment No. 134 (Doc Name L:\council\legis\amend\BR1\2290.AC), which was adopted.

Amend the bill, as and if amended, Part II, Section 18, subsection A, by deleting in Section 44-56-160(B) on page 794, beginning on line 32, right column /this contingency the general fund of the State/ and inserting /this contingency fund of the State/.

Renumber sections to conform.

Amend totals and title to conform.

Section 18 as amended was adopted.

Rep. RHOAD moved that the House do now adjourn.

POINT OF ORDER

Rep. BOAN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

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

Yeas 47; Nays 64

Those who voted in the affirmative are:

Bailey, G.             Baxley                 Bennett
Brown, G.              Brown, H.              Brown, J.
Bruce                  Byrd                   Carnell
Chamblee               Cooper                 Cork
Corning                Council                Felder
Foster                 Gonzales               Hallman
Harris, P.             Huff                   Jaskwhich
Klapman                Koon                   Lanford
Littlejohn             Manly                  Marchbanks
Martin, L.             McAbee                 McKay
Rama                   Rhoad                  Riser
Ross                   Sharpe                 Shirley
Smith                  Stoddard               Townsend
Vaughn                 Waldrop                Wilder
Wilkes                 Williams, D.           Wofford
Wright                 Young, R.

Total--47

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, J.             Baker                  Barber
Boan                   Burch, K.              Canty
Cato                   Clyborne               Cobb-Hunter
Cromer                 Delleney               Elliott, D.
Elliott, L.            Fair                   Farr
Gentry                 Glover                 Harrelson
Harris, J.             Harrison               Harvin
Harwell                Haskins                Hendricks
Hodges                 Holt                   Houck
Hyatt                  Inabinett              Jennings
Keegan                 Kennedy                Keyserling
Kinon                  Kirsh                  Martin, D.
Martin, M.             Mattos                 McCraw
McElveen               McGinnis               McLeod
McTeer                 Meacham                Neilson
Phillips               Quinn                  Rogers
Rudnick                Scott                  Sheheen
Shissias               Snow                   Sturkie
Taylor                 Tucker                 Waites
Whipper                White                  Wilkins
Young, A.

Total--64

So, the House refused to adjourn.

SECTION 19--DEBATE ADJOURNED

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

SECTION 20

Section 20 was adopted.

SECTION 21--AMENDED AND ADOPTED

The Ways and Means Committee propose the following Amendment No. 7 (Doc Name L:\council\legis\amend\N05\8182.HC), which was adopted.

Amend the bill, as and if amended, in Part II, Permanent Provisions, Section 21, page 796, right column, by inserting after /to/ on line 7/, the following rights and powers/.

Amend further, page 796, right column, line 26, by striking /In/ and inserting /Notwithstanding any provision of law or regulation to the contrary, and in/.

Amend further, page 797, right column, line 17, by striking /to/ the first time it appears on the line and inserting /to/.

Amend further, page 798, left column, line 32, by striking /receive/ and inserting /require/.

Amend further, page 799, left column, line 17, by striking /The/ and inserting /Notwithstanding any provision of law or regulation to the contrary, the/.

Amend totals and title to conform.

Section 21 as amended was adopted.

SECTION 22--DEBATE ADJOURNED

Reps. VAUGHN, CLYBORNE, JASKWHICH and HASKINS proposed the following Amendment No. 30 (Doc Name L:\council\legis\amend\JIC\6245.HC).

Amend the bill, as and if amended, in Part II, Permanent Provisions, page 799, by striking SECTION 22 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. VAUGHN explained the amendment.

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

SECTION 23--RULED OUT OF ORDER

Rep. WAITES proposed the following Amendment No. 112 (Doc Name L:\council\legis\amend\436\12231.DW), which was ruled out of order.

Amend the bill, as and if amended, PART II, Permanent Provisions, by striking SECTION 23, page 799, lines 13 through 39, right hand column.

Renumber sections to conform.

Amend totals and title to conform.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 112 was out of order as it earmarked a portion of state aid to counties for road maintenance and it was not in compliance with Code Section 6-27-50 of the State Aid to Subdivisions Act which states that no section of this chapter may be amended or repealed except in separate legislation solely for that purpose.

The SPEAKER stated that you could not amend it except in separate legislation solely for that purpose and he sustained the Point of Order and ruled the amendment and the section out of order.

STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.

Bill #: H. 4500     General Subject Matter: General Appropriation Bill, 1992-93.

Section #: 23, Part I.     Subject Matter: USC.

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. IRENE K. RUDNICK

SECTION 24

Section 24 was adopted.

SECTION 25--RULED OUT OF ORDER

Rep. CROMER moved to table the section.

POINT OF ORDER

Rep. T. C. ALEXANDER raised the Point of Order that Section 25 was out of order as it was not germane in that did not expend funds in the 1992-93 Appropriation Bill and it simply addressed the procedure in the pension fund.

Rep. McABEE stated that it did not directly relate to a line item in Part I of the Bill because it would take place at a future time.

The SPEAKER stated that the House did not authorize or unauthorize receipt of pensions by employer contribution lines and that those were controlled by the general retirement statute. He further stated that the Section authorized who could receive a pension and who could not and he sustained the Point of Order and ordered the Section stricken from the Bill.

Rep. CARNELL moved that the House do now adjourn.

POINT OF ORDER

Rep. TUCKER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

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

Yeas 60; Nays 55

Those who voted in the affirmative are:

Alexander, M.O.        Bailey, G.             Baxley
Bennett                Brown, G.              Brown, J.
Bruce                  Byrd                   Carnell
Chamblee               Cooper                 Corbett
Cork                   Corning                Council
Felder                 Foster                 Fulmer
Glover                 Gonzales               Hallman
Harris, P.             Harvin                 Haskins
Hendricks              Holt                   Huff
Inabinett              Klapman                Koon
Lanford                Littlejohn             Manly
Marchbanks             Martin, D.             Martin, L.
McAbee                 McGinnis               McKay
Rama                   Rhoad                  Riser
Ross                   Rudnick                Scott
Sharpe                 Shirley                Smith
Stoddard               Stone                  Taylor
Townsend               Vaughn                 Wells
Wilder                 Wilkes                 Williams, D.
Wofford                Wright                 Young, R.

Total--60

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, J.
Baker                  Barber                 Beatty
Boan                   Brown, H.              Burch, K.
Cato                   Clyborne               Cobb-Hunter
Cromer                 Delleney               Elliott, D.
Elliott, L.            Fair                   Farr
Gentry                 Harrelson              Harris, J.
Harrison               Harwell                Hodges
Houck                  Hyatt                  Jaskwhich
Jennings               Keegan                 Kempe
Kennedy                Keyserling             Kinon
Kirsh                  Martin, M.             Mattos
McCraw                 McElveen               McLeod
McTeer                 Meacham                Neilson
Phillips               Quinn                  Rogers
Sheheen                Shissias               Snow
Sturkie                Tucker                 Waites
Whipper                White                  Wilkins
Young, A.

Total--55

So, the motion to adjourn was agreed to.

MOTION NOTED

Rep. Boan moved to reconsider the vote whereby Sections 14J, 14J.1, 14J.2, 14J.3, 14J.6, 14J.7, 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, 28.13A, 28.14, 28.15, 28.16, 28.17, 28.19, 28.20, 28.21, 28.22, 28.23, 28.24, 28.25, 28.26, 28.27, 28.27A, 28.28, 28.29, 28.30, 28.31, 28.32, 28.34, 28.35, 28.36, 28.37, 28.38, 28.39, 28.40, 28.41, 28.42, 28.44, 28.45, 28.47, 28.48, 28.50, 28.51, 28.52, 28.53, 28.54, 28.55, 28.56, 28.57, 28.58, 28.59, 28.60, 28.61, 28.62, 28.63, 28.64, 28.65, 28.66, 28.67, 28.68, 28.69, 28.70, 28.71, 28A.1, 28A.2, 28A.3, 28A.4, 28A.5, 28A.6, 28A.7, 28A.8, 28A.9, 28A.10, 28A.11, 28A.12, 28A.12A, 28A.13, 28A.14, 28A.14A, 28A.15, 28A.16, 28A.17, 28A.17A, 28A.18, 28A.19, 28A.20, 28A.21, 28A.22, 28A.23, 28A.24, 28A.25, 28A.26, 28A.27, 28A.28, 28A.29, 28A.29A, 28A.30, 28A.31, 28A.32, 28A.33, 28A.34, 28A.36, 28A.37, 28A.37A, 28A.38, 28A.39, 28A.40, 28A.41, 28A.42, 28A.44, 28A.45, 28A.46, 28A.47, 28A.49, 28A.50, 28A.51, 28A.52, 28A.53, 28A.54, 28A.55, 28A.56, 28A.58, 28A.59, amendment #111, 36, 36.1, 36.2, 36.3, amendment #181, 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, 39.26, 39.27, 39.28, 39.29, 39.30, 39.31, 39.33, 39.34, 39.36, 39.37, 39.38, 53.1, 53.2, 66, 66.1, 66.3, 66.4, 66.6, 119, 127, Part II Sections 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 21 and 24 were adopted and the motion was noted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4534 -- Reps. P. Harris, T.C. Alexander, Chamblee, Cooper, Hendricks, L. Martin, Marchbanks, Mattos, Ross, Shirley, Townsend and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF MR. JAMES D. RUTLEDGE OF SENECA UPON HIS TRAGIC DEATH IN AN AUTOMOBILE ACCIDENT DURING FEBRUARY.

H. 4545 -- Reps. L. Martin, Hendricks and Marchbanks: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MS. LYNN GARRISON OF PICKENS WHO DIED ON FRIDAY, MARCH 6, 1992.

H. 4547 -- Reps. Felder, Cobb-Hunter, Bennett, Council, Anderson, Beatty, J. Brown, Byrd, Canty, Glover, Inabinett, D. Martin, Scott, Taylor, Whipper, White and D. Williams: A CONCURRENT RESOLUTION DECLARING TUESDAY, MARCH 24, 1992, AS SOUTH CAROLINA STATE UNIVERSITY DAY.

ADJOURNMENT

At 6:00 P.M. the House in accordance with the motion of Rep. L. MARTIN adjourned in memory of Ms. Lynn Garrison of Pickens, to meet at 10:00 A.M. tomorrow.

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