Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 3480, Mar. 15 | Printed Page 3500, Mar. 16 |

Printed Page 3490 . . . . . Wednesday, March 16, 1994

Rep. J. HARRIS explained the amendment.

The amendment was then adopted.

Reps. BOAN, JENNINGS and HODGES proposed the following Amendment No. 7 (Doc Name L:\h-wm\legis\amend\CAP.020), which was adopted.

Amend the resolution, as and if amended, Section 2, Page 2, by adding an appropriately numbered paragraph to read:

/(__) The first priority use of funds designated for automated voting systems shall be to aid counties presently using paper ballots in purchasing automated count voting systems. The State may reimburse up to 70% of the cost of such systems. These counties are Abbeville, Calhoun, Dillon, Lee, McCormick, Richland, Marlboro, and Williamsburg. The second priority use of these funds will be to repay up to 70% of cost incurred by counties that have previously purchased an automated count voting system to replace paper ballots. These counties include Charleston, Chesterfield, Clarendon, Horry, Lancaster, Laurens, Saluda and Union.

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 8 (Doc Name L:\h- wm\legis\amend\CAP.015), which was ruled out of order.

Amend the resolution, as and if amended, Section 1, Page 2, by striking

/Clemson PSA

T. Ed Garrison Livestock Arena 1,749,686/
and inserting

/DHHS

Medically Needy Program 1,749,686/

Renumber sections & amend totals/title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

POINT OF ORDER

Rep. McABEE raised the Point of Order that Amendment No. 8 was out of order as it was not germane to the Supplemental Appropriations Bill in that it was a reoccuring item.


Printed Page 3491 . . . . . Wednesday, March 16, 1994

Rep. MOODY-LAWRENCE argued contra the point in stating that the House had voted last year to keep the Medically Needy Program on the books.

The SPEAKER stated that Section 11-11-320 stated that after March 1, monies from the Capital Reserve Fund may be appropriated by the General Assembly in separate legislation for these three purposes, to finance in cash previously authorized capital improvement bond projects, to retire interest or principle on bonds previously issued and for capital improvements or other non-recurring purposes and in order for the Medically Needy Program to fit, it had to be another non-recurring purpose, a one time appropriation that will not be built into the budget for recurring operations.

Rep. MOODY-LAWRENCE questioned whether the money could be used where it was in the beginning on the other bill and could it be used for non-recurring purposes.

The SPEAKER stated that in the Supplemental Appropriations Bill, it could be used for anything, but for Capital Reserve Fund, it had to be an appropriation that was one time and not used for normal operational purposes.

Rep. MOODY-LAWRENCE stated that the Medically Needy Program was not currently funded in the budget but the House had voted that if the money became available, then it would be funded.

The SPEAKER stated that if that was the case, then how do you say it was a recurring program if there was not money currently in the budget for it. He further stated that it would be spent for reimbursement for medical costs for those people who fall above Medicaid qualifications but do not qualify for indigent care.

Rep. McABEE stated that once a program of this nature was started, then how could it be considered a non-recurring program.

Rep. MOODY-LAWRENCE stated that if it was not funded, then it would be recurring.

The SPEAKER stated that if it was not currently in the budget, then it is not an on-going program and was a one time appropriation.

Rep. McABEE stated that it was in the Capital Reserve Fund and did not meet the test of the three things pointed out.

The SPEAKER stated that if the House did not appropriate any money for the Medically Needy and if this was a one time appropriation only, then it was non- recurring.

Rep. BOAN stated that under that rationale, then any new program that had not been funded before would be a non-recurring appropriation.


Printed Page 3492 . . . . . Wednesday, March 16, 1994

The SPEAKER stated that he had to know how the money was going to be spent.

Rep. BOAN stated that it came in direct aid to providers and was a Medicaid Program.

The SPEAKER stated that they were operational programs where applications were taken by state employees and there were administrative costs and the funds were then distributed to clients and that this was a normal operational program and not a capital program and he sustained the Point of Order and ruled the amendment out of order.

Rep. RUDNICK proposed the following Amendment No. 9 (Doc Name L:\council\legis\amend\GJK\20650SD.94), which was tabled.

Amend the resolution, as and if amended, by adding a new item to SECTION 2 to be appropriately numbered to read:

/( ) After the State House renovation is completed through the use in part of the funds provided in this act, each legislative agency located in the State House to the extent possible shall return to the space assigned to it before the renovation unless the General Assembly otherwise directs./

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. RUDNICK continued speaking.

Rep. SHEHEEN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 61 to 2.

SPEAKER IN CHAIR

Rep. MOODY-LAWRENCE proposed the following Amendment No. 10 (Doc Name L:\h- wm\legis\amend\CAP.029), which was tabled.

Amend the resolution, as and if amended, Section 1, Page 2, by striking

/Clemson PSA

T. Ed Garrison Livestock Arena 1,749,686/

and inserting

/State Department of Education

Textbooks 1,000,000
School Buses 749,686/

Renumber sections & amend totals/title to conform.


Printed Page 3493 . . . . . Wednesday, March 16, 1994

Rep. MOODY-LAWRENCE explained the amendment.

Rep. McABEE moved to table the amendment.

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

Yeas 55; Nays 38

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Baker            Baxley           Boan
Carnell          Cato             Chamblee
Cooper           Corning          Cromer
Farr             Felder           Fulmer
Gamble           Gonzales         Graham
Hallman          Harris, J.       Harris, P.
Harrison         Harwell          Holt
Jennings         Keegan           Kelley
Lanford          Law              Littlejohn
Marchbanks       Mattos           McAbee
McCraw           McKay            McMahand
Phillips         Rhoad            Riser
Robinson         Rogers           Shissias
Smith, D.        Snow             Spearman
Stoddard         Stone            Stuart
Trotter          Tucker           Walker
Wilder, D.       Wilder, J.       Witherspoon
Wright

Total--55

Those who voted in the negative are:

Anderson         Barber           Beatty
Breeland         Brown, H.        Brown, J.
Byrd             Delleney         Fair
Govan            Harrell          Harrelson
Haskins          Hines            Huff
Hutson           Inabinett        Jaskwhich
Kennedy          Keyserling       Kinon
Kirsh            Meacham          Moody-Lawrence
Neilson          Richardson       Rudnick
Scott            Sheheen          Simrill

Printed Page 3494 . . . . . Wednesday, March 16, 1994

Smith, R.        Thomas           Vaughn
Waites           Whipper          White
Wofford          Young, A.

Total--38

So, the amendment was tabled.

The question then recurred to the passage of the Bill, as amended, on second reading.

The yeas and nays, which were taken resulting as follows:

Yeas 96; Nays 13

Those who voted in the affirmative are:

Alexander, M.O.  Alexander, T.C.  Allison
Anderson         Bailey, G.       Bailey, J.
Baker            Baxley           Boan
Breeland         Brown, G.        Brown, H.
Brown, J.        Byrd             Canty
Carnell          Cato             Chamblee
Clyborne         Cobb-Hunter      Corning
Cromer           Delleney         Elliott
Fair             Farr             Felder
Gamble           Gonzales         Govan
Hallman          Harrelson        Harris, J.
Harris, P.       Harrison         Harwell
Haskins          Hines            Hodges
Holt             Houck            Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Kennedy          Keyserling       Kinon
Lanford          Law              Marchbanks
Mattos           McAbee           McCraw
McElveen         McKay            McMahand
Neal             Neilson          Phillips
Quinn            Rhoad            Richardson
Riser            Robinson         Rogers
Rudnick          Scott            Sharpe
Sheheen          Shissias         Smith, R.
Snow             Spearman         Stoddard

Printed Page 3495 . . . . . Wednesday, March 16, 1994

Stone            Stuart           Townsend
Trotter          Tucker           Vaughn
Waites           Walker           Whipper
White            Wilder, D.       Wilder, J.
Wilkes           Wilkins          Witherspoon
Wofford          Worley           Wright

Total--96

Those who voted in the negative are:

Beatty           Cooper           Fulmer
Graham           Harrell          Kirsh
Littlejohn       Meacham          Moody-Lawrence
Simrill          Smith, D.        Thomas
Young, A.

Total--13

So, having received the necessary vote, the Bill, as amended, was read the second time and ordered to third reading.

SPEAKER PRO TEMPORE IN CHAIR

H. 4822--AMENDED AND ORDERED TO THIRD READING

The following Joint Resolution was taken up.

H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.

Reps. SHEHEEN and J. HARRIS propose the following Amendment No. 1 (Doc Name L:\council\legis\amend\PT\1096DW.94), which was ruled out of order.

Amend the joint resolution, as and if amended, by adding an appropriately numbered section to read:

/SECTION ___. A. Section 51-13-860 of the 1976 Code, as added by Act 349 of 1990, is amended to read:

"Section 51-13-860. The Budget and Control Board may transfer to the authority an amount not to exceed six million dollars from the funds made available to the South Carolina Coordinating Council for Economic Development pursuant to Section 12-27-1270, for the purpose of the


Printed Page 3496 . . . . . Wednesday, March 16, 1994

authority participating in any court approved settlement of the claims and litigation brought against the authority, its officers, employees, or agents and arising from, related to, or, connected with the development of a hotel and marina complex upon the lands of the authority, and for those other operating expenses necessary for the further development of the authority. This transfer is considered a loan to the authority, and it must be for a period not to exceed three years as determined by the Budget and Control Board and must be free of interest for that period. The authority, under conditions it considers appropriate, may loan to a local public entity approved by the Budget and Control Board, and the entity is authorized to borrow, an amount not to exceed six hundred thousand dollars, for a period not to exceed three years, with the money used by the entity exclusively for the benefit of Spoleto Festival, USA."

B. This section takes effect upon approval by the Governor./

Renumber sections to conform.

Amend title to conform.

Rep. SHEHEEN explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the Supplemental Appropriations Bill.

Rep. RUDNICK argued that it was germane in that you couldn't loan money unless it was appropriated.

Rep. HUFF stated that it said may and not shall transfer.

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

SPEAKER IN CHAIR

Rep. BOAN proposed the following Amendment No. 3 (Doc Name L:\h-wm\legis\amend\SUP.011), which was adopted.

Amend the resolution, as and if amended, Section 1, Corrections, Page 2, Line 4, Item 13, by striking /Turbeville Water and Sewer/ and inserting /Ridgeland Water and Sewer/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.


Printed Page 3497 . . . . . Wednesday, March 16, 1994

Rep. ROGERS proposed the following Amendment No. 5 (Doc Name L:\h-wm\legis\amend\SUP.014), which was adopted.

Amend the resolution, as and if amended, Section 1, Corrections, Page 2, After line 4, item (13), by adding an appropriately numbered sub-item to read:

/Ridgeland Correctional Institution $1,174,686/

Amend further, Section 1, Page 2, After line 4, item (13), by adding an appropriately numbered sub-item to read:

/Dutchman/Coastal Additions $ 575,000/

Amend further, Section 1, Page 1, Line 30, Item (6), opposite /T. Ed Garrison Livestock Arena/ by reducing the amount on line 30 by /$1,749,686/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Rep. MATTOS proposed the following Amendment No. 7 (Doc Name L:\h-wm\legis\amend\SUP.077), which was adopted.

Amend the resolution, as and if amended, Section 3, Page 2, by inserting a new line after line 19 to read

/(3) Higher Education Tuition Grants Scholarship Non-state 1,000,000/

Renumber sections & amend totals/title to conform.

Rep. MATTOS explained the amendment.

The amendment was then adopted.

Rep. PHILLIPS proposed the following Amendment No. 8 (Doc Name L:\h-wm\legis\amend\SUP.008), which was adopted.

Amend the resolution, as and if amended, Section 3, DJJ, Page 2, After line 19, by adding an appropriately numbered item to read:

(4) /School House Safety Act $1,208,000/

Renumber sections & amend totals/title to conform.

Rep. PHILLIPS explained the amendment.

The amendment was then adopted.


Printed Page 3498 . . . . . Wednesday, March 16, 1994

Rep. ROGERS proposed the following Amendment No. 10 (Doc Name L:\h-wm\legis\amend\SUP.078), which was adopted.

Amend the resolution, as and if amended, Section 3, Page 2, by inserting a new line after line 19 to read

/(5) DSS Child Support

Automated Systems $2,500,000/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Reps. RICHARDSON and KEYSERLING proposed the following Amendment No. 12, which was rejected.

Amend the resolution, as and if amended, by adding a new item to Section 3, line 20, to be appropriately numbered to read:

/( ) $50,000.00 allocated to the Commission on Higher Education for the purpose of studying the feasibility of expanding the University of South Carolina, Beaufort Campus to a four-year institution in order to balance the educational opportunities in this State to include the "low country" counties of the State, including Beaufort, Jasper, Hampton, Colleton and Allendale./

Rep. RICHARDSON explained the amendment.

Rep. KEYSERLING spoke in favor of the amendment.

POINT OF ORDER

Rep. LITTLEJOHN raised the Point of Order that Amendment No. 12 was out of order as it was not germane to the Supplemental Appropriations Bill.

The SPEAKER stated that it was in Section 3 and appropriated money to a specific purpose if available and he overruled the Point of Order.

Rep. RICHARDSON spoke in favor of the amendment.

The amendment was then rejected by a division vote of 31 to 53.

Rep. ROGERS proposed the following Amendment No. 14 (Doc Name L:\h-wm\legis\amend\SUP.030), which was adopted.

Amend the resolution, as and if amended, Section 1, Page 1, Line 23, opposite /School Bus Parts and Fuel/ by reducing the line by /1,658,116/

Amend further, by inserting after line 28 a new item

/Department of Probation,


Printed Page 3499 . . . . . Wednesday, March 16, 1994

Parole & Pardon Services Community

Control System Expansion 1,658,116/

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

Reps. PHILLIPS and McCRAW proposed the following Amendment No. 15 (Doc Name L:\h-wm\legis\amend\SUP.31), which was tabled.

Amend the resolution, as and if amended, Section 3, Page 2, by adding an appropriately numbered item after Line 21, to read

/Adjutant General Construction/Renovation Funds 500,000/

Renumber sections & amend totals/title to conform.

Rep. PHILLIPS explained the amendment.

Rep. ROBINSON moved to table the amendment, which was agreed to by a division vote of 29 to 19.

Reps. BAXLEY and BARBER proposed the following Amendment No. 16 (Doc Name L:\h- wm\legis\amend\SUP.050), which was rejected.

Amend the resolution, as and if amended, Section 3, Page 2, by adding an appropriately numbered item after Line 19 to read:

/( ) Department of Natural Resources

Heritage Trust $1,000,000/

Renumber sections & amend totals/title to conform.

Rep. BAXLEY explained the amendment.

The amendment was then rejected.

Reps. ROGERS, GOVAN and BYRD proposed the following Amendment No. 11 (Doc Name L:\h-wm\legis\amend\SUP.085), which was adopted.

Amend the resolution, as and if amended, Page 2, Section 3, line 20-21, by striking /Balance to the/ and inserting opposite /Higher Education Formula/ the amount /$20,000,000/

Amend further, Page 2, after line 22, by inserting

/Vocational Rehabilitation $950,000

Archives & History Historic


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