| Printed Page 3200, Mar. 10 | Printed Page 3220, Mar. 10 |

Section 16 was adopted.

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

Rep. WAITES raised the Point of Order that Section 18 was out of order as it was not in compliance with Section 6-27-50 which states that no section of this chapter may be amended or repealed except in separate legislation solely for that purpose. She further stated this should not be done as an amendment to the budget.

Rep. BOAN stated that it was only adding a section and not amending it.

Rep. FELDER stated that Section 6-27-50 applied only to the repeal or an amendment of a section in Chapter 27 and this Part II section did not amend or repeal any section in Chapter 27 and would be in order. He further stated that it only dealt with matters that were in Section 6-27-50 and did not deal with Chapter 27.

Rep. WAITES stated that the section stated Section 6-1-70, distributions pursuant to Chapter 27 of Title 6, State Aid to Subdivisions Act.

The SPEAKER stated that the impact of the section was to in effect amend the distribution of monies under Section 6-27-40.

Rep. FELDER stated that as it applied to the Appropriations Bill, you would have to go to the express words of the limitations and that being those that say in this chapter, no section of this chapter may be amended or repealed and that this did not even address Chapter 27.

The SPEAKER stated that the section did say that distributions pursuant to Chapter 27 were diminished by an amount equal to the tax or fee imposed. He further stated that by merely quoting another chapter in the Code that you could not be relieved of the obligation of Section 6-27-50 and that this clearly affected the distribution of money under Chapter 27.

Rep. FELDER stated that this expanded the limitation of the statute beyond the chapter.

The SPEAKER stated that using the language that the Ways and Means Committee adopted in the Bill which says that distribution pursuant to Chapter 27 of Title 6 are reduced by an amount equal to the revenues of the county or municipality from the fee or tax and this was clearly affecting the distribution and amending the distributions under Section

Rep. FELDER stated that the statute of limitation wasn't to this particular restriction tax. He further stated that this said that if the State levied this tax, then the county could not levy the same tax.

The SPEAKER stated that the section did not do that and that by impact it might but it did not say that.

Rep. FELDER stated that it did not amend or repeal and still allowed the tax to be distributed. He further stated that it reduced and that did not change or repeal.

The SPEAKER stated that it said the distributions under Chapter 27 are amended by this section.

Rep. FELDER stated that the tax or distributions could still be levied, but this said that if it was done then you cannot go through the Aid to the Subdivisions to get it. He further stated that this was germane to the Appropriations Bill.

The SPEAKER stated that this was not a question of germaneness and that it certainly related back to Part I, Aid to Subdivisions. He further stated that the question was whether the procedural control of Section 6-27-50 obligated the House to do this by separate legislation and it did and he sustained the Point of Order and ordered the section stricken from the Bill.

Rep. KIRSH proposed the following Amendment No. 317 (Doc Name L:\council\legis\amend\JIC\5763HTC.94), which was adopted.
Amend the bill, as and if amended, Part II, page 625, left column, by striking SECTION 19 in its entirety.

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 318 (Doc Name L:\council\legis\amend\JIC\5762HTC.94), which was adopted.

Amend the bill, as and if amended, Part II, page 625, left column, by striking SECTION 20 in its entirety.

Renumber sections & amend totals/title to conform.

Rep. GONZALES raised the Point of Order that Section 21 was out of order as it was not in compliance with Section 6-27-50 which states that no section of this chapter may be amended or repealed except in separate legislation solely for that purpose.

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

Rep. GONZALES proposed the following Amendment No. 289 (Doc Name L:\council\legis\amend\JIC\5756HTC.94), which was adopted.

Amend the bill, as and if amended, Part II, SECTION 22, page 626, right column, by striking lines 25 through 27 and inserting:

/Section. A designated redevelopment area and its boundaries must be determined in advance of the opening of the new or expanded facilities by municipal ordinance, if located in a municipality, and otherwise by county ordinance. The total aggregate amount of all designated development areas within any municipality or county may not exceed five percent of the total acreage of the municipality or county. For purposes of this section `additional/

Renumber sections & amend totals/title to conform.

Rep. GONZALES explained the amendment.

Rep. RUDNICK raised the Point of Order that Amendment No. 289 was out of order as it was not germane.

The SPEAKER stated that it was germane to Section 22 and he overruled the Point of Order.

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

The amendment was then adopted.

Section 22 as amended was adopted.

Section 23 was adopted.

Rep. BOAN proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\20576SD.94), which was adopted.

Amend the bill, as and if amended, Part II, Section 24, by striking Section 24 and inserting:

The 1976 Code is amended by adding:

"Section 11-1-45. No state agency or instrumentality of the State, excluding local political subdivisions, special purpose districts, and special taxing districts, shall enter into a settlement of any litigation, dispute, or claim over one hundred thousand dollars requiring the expenditure of monies appropriated or provided for in a general or supplemental appropriations act, or from any other source of public funds without prior written approval from the Budget and Control Board.

The intent of this provision is to prevent state agencies or instrumentalities of the State, other than local political subdivisions, special purpose districts, and special taxing districts, from entering into settlements that can bind and commit the State to unreasonable funding requirements from current or future revenues of the State. In keeping with this intent, the Budget and Control Board may exempt in its discretion any entity or specific litigation matter from this provision."/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Section 24 as amended was adopted.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Part II.

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

(R314) S. 1193 -- Senator Courtney: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R315) S. 1207 -- Senators Greg Smith and McGill: AN ACT TO ABOLISH THE GEORGETOWN COUNTY BOARD OF VOTER REGISTRATION AND GEORGETOWN COUNTY ELECTION COMMISSION, AND TO CREATE THE GEORGETOWN COUNTY BOARD OF ELECTIONS AND REGISTRATION.

(R316) S. 289 -- Senators McConnell and Rose: AN ACT TO AMEND SECTION 7-7-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALTERATION OF VOTING PRECINCTS AND THE ALPHABETICAL DIVISION OF THE PRECINCT LIST, SO AS TO PROVIDE WHERE A PRECINCT HAS MORE THAN SEVEN HUNDRED FIFTY REGISTERED ELECTORS RATHER THAN FIFTEEN HUNDRED ELECTORS THE PRECINCT LIST MUST BE DIVIDED ALPHABETICALLY SO THAT NO LIST CONTAINS MORE THAN SEVEN HUNDRED FIFTY NAMES, AND TO PROVIDE THAT NOTHING IN THIS SECTION PREVENTS THE ALTERATION OF PRECINCTS WHEN THE GENERAL ASSEMBLY OR LOCAL REGISTRATION BOARD CONSIDERS THE ALTERATION ADVISABLE.

(R317) S. 950 -- Senators Setzler, Lander, Reese and Washington: A JOINT RESOLUTION TO PROVIDE THAT FROM CERTAIN FEDERAL FUNDS AUTHORIZED TO SOUTH CAROLINA UNDER THE CARL PERKINS VOCATIONAL AND APPLIED TECHNOLOGY AND EDUCATION ACT, THE STATE DEPARTMENT OF EDUCATION, FOR FISCAL YEAR 1993-94, MUST ALLOCATE $118,000 TO CLEMSON PSA FOR AGRICULTURAL TEACHER

(R318) S. 1023 -- Senator Macaulay: AN ACT TO AMEND SECTION 48-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAILURE OF A PROJECT SPONSOR TO MAKE PAYMENTS TO THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO CERTAIN COUNTIES UNDER SPECIFIC CONDITIONS.

(R319) S. 258 -- Senator Drummond: AN ACT TO AMEND SECTION 40-69-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY VETERINARIANS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-69-80, RELATING TO LICENSES, SO AS TO DELETE THE REQUIREMENT TO BE OF GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-90, RELATING TO TEMPORARY LICENSES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-140, RELATING TO GROUNDS TO DENY, SUSPEND, OR REVOKE A LICENSE, SO AS TO DELETE THE USE OF SOLICITORS TO OBTAIN PATRONAGE; TO AMEND SECTION 40-69-430, RELATING TO ANIMAL HEALTH TECHNICIAN CERTIFICATION, SO AS TO DELETE PROVISIONS NO LONGER EFFECTIVE AND THE REQUIREMENT TO BE OF GOOD PHYSICAL AND MENTAL HEALTH AND GOOD MORAL CHARACTER; TO AMEND SECTION 40-69-440, RELATING TO TEMPORARY CERTIFICATES AND FEES, SO AS TO PROVIDE THESE FEES MUST BE SET IN REGULATION; TO AMEND SECTION 40-69-450, RELATING TO APPLICATIONS FOR EXAMINATIONS AND FEES, SO AS TO DELETE THE REQUIREMENT FOR CERTAIN PERSONAL REFERENCES AND TO PROVIDE THAT THESE FEES MUST BE SET BY REGULATION; TO AMEND SECTION 40-69-460, RELATING TO CONTENTS OF EXAMINATIONS, SO AS TO DELETE PROVISIONS RELATING TO ORAL OR PRACTICAL EXAMINATIONS; TO AMEND SECTION 40-69-480, RELATING TO RENEWAL OF CERTIFICATES AND FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN

(R320) S. 487 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-5-130 SO AS TO PROVIDE FOR THE QUALIFICATIONS AND AGE REQUIREMENTS TO HOLD THE OFFICE OF CORONER, TO PROVIDE THAT CORONERS AND DEPUTY CORONERS MUST COMPLETE CERTAIN BASIC AND ANNUAL TRAINING, TO AUTHORIZE FEES FOR THIS TRAINING AND TO PROVIDE EXCEPTIONS TO THE TRAINING REQUIREMENTS, TO PROVIDE THAT A CORONER REQUIRED TO COMPLETE ANNUAL TRAINING WHO FAILS TO DO SO MAY BE SUSPENDED FROM OFFICE BY THE GOVERNOR UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT THE ABOVE PROVISIONS TAKE EFFECT UPON RATIFICATION OF AN AMENDMENT TO THE CONSTITUTION OF THIS STATE AUTHORIZING SAME.

(R321) H. 3333 -- Rep. Boan: AN ACT TO REPEAL SECTION 9-1-1537, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RETIREMENT AT AGE SIXTY-TWO FOR MEMBERS OF THE SOUTH CAROLINA HIGHWAY PATROL.

(R322) H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THE CONSTRUCTION, MAINTENANCE COSTS, AND OTHER EXPENSES FOR ONLY THAT PROJECT.

(R324) H. 4600 -- Reps. Littlejohn, Walker, Allison, Davenport, D. Smith, Vaughn, Beatty, Lanford and D. Wilder: AN ACT TO PROVIDE THAT THE ACTIONS TAKEN BY THE SPARTANBURG COUNTY BOARD OF EDUCATION IN REGARD TO ITS POWER AND DUTY OF CONSOLIDATING AND FIXING THE BOUNDARIES OF THE SEVERAL SCHOOL DISTRICTS WITHIN SPARTANBURG COUNTY AS PROVIDED BY LAW SHALL BE TAKEN WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF ANY AFFECTED SCHOOL DISTRICT.

(R325) H. 3357 -- Rep. Snow: AN ACT TO AMEND SECTION 50-11-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE TRAPPING OR SNARING OF QUAIL, SO AS TO PROVIDE FOR THE ISSUANCE OF PERMITS BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO TRAP QUAIL; AND TO AMEND SECTION 50-11-120, AS AMENDED, RELATING TO THE HUNTING SEASONS FOR SMALL GAME, SO AS TO REVISE THE QUAIL SEASON IN GAME ZONE 8.

(R326) H. 3835 -- Rep. Fair: AN ACT TO AMEND SECTIONS 44-79-30 AND 44-79-80, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICE CREDIT CONTRACTS, SO AS TO INCREASE THE DURATION OF CONTRACTS FROM ONE TO THREE MONTHS AND THE AMOUNT FROM FIFTY TO TWO HUNDRED DOLLARS FOR THOSE CONTRACTS THAT MUST CONFORM TO STATUTORY REQUIREMENTS AND TO INCREASE THE SURETY

(R327) H. 3549 -- Rep. Snow: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-854 SO AS TO ALLOW THE DEPARTMENT OF NATURAL RESOURCES TO SET SEASONS AND BAG LIMITS FOR HUNTING AND TAKING CROWS CONSISTENT WITH FEDERAL REGULATIONS AND PROVIDE LIMITATIONS AND PENALTIES.

(R328) H. 3327 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALTWATER-FRESHWATER DIVIDING LINES ON RIVERS, SO AS TO REVISE THE LINE ON THE COOPER RIVER AND ALLOW CRAB POT FISHING.

(R329) H. 3916 -- Rep. Snow: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-65 SO AS TO PROVIDE FOR THE TRAINING OF BIRD DOGS.

(R330) H. 4067 -- Rep. White: AN ACT TO AMEND SECTION 50-17-760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLOSED SEASON FOR USING CRAB POTS FOR COMMERCIAL PURPOSES IN CERTAIN AREAS, SO AS TO PROHIBIT THE USE WITHIN EUHAW CREEK UPSTREAM OF TICKTON HALL IN JASPER COUNTY.

(R331) H. 4459 -- Rep. McTeer: AN ACT TO AMEND ACT 445 OF 1947, AS AMENDED, THE SUPPLY BILL FOR HAMPTON COUNTY FOR FISCAL YEAR 1947-48, SO AS TO INCREASE THE SIZE OF THE BOARD OF DIRECTORS OF THE HAMPTON GENERAL HOSPITAL FROM FIVE TO NINE MEMBERS AND TO REVISE AND DELETE OBSOLETE REFERENCES.

(R332) H. 4680 -- Rep. White: AN ACT TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO

(R333) H. 3325 -- Rep. Snow: AN ACT TO AMEND SECTION 50-17-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM LICENSING REQUIREMENTS FOR CAST NETS USED FOR NONCOMMERCIAL PURPOSES AND HAND TONGS USED FOR HARVESTING OYSTERS, SO AS TO REVISE THE FISHING DEVICES WHICH ARE EXEMPTED.

(R334) H. 4774 -- Rep. Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 21, 1994, MISSED BY THE STUDENTS OF COWPENS ELEMENTARY SCHOOL OF SPARTANBURG COUNTY SCHOOL DISTRICT THREE WHEN THIS SCHOOL WAS CLOSED DUE TO A MALFUNCTION OF THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R335) H. 4564 -- Rep. Spearman: AN ACT TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM THE STATE HIGHWAY SYSTEM A PORTION OF S-27 (EMORY CHURCH ROAD) IN SALUDA COUNTY.

At 12:00 Noon the House resumed, the SPEAKER in the Chair.

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