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Rep. BOAN raised the Point of Order that the Bill was out of order as it appropriated money and should have been referred to the Ways and Means Committee in compliance with Rule 4.4.

Rep. HODGES argued contra the Point, citing Rule 4.4, in stating that this applied when there was some type of funding provided. He further stated that there was a previous Bill that dealt with DUI and a fee was imposed and went directly to an agency for a specific purpose and Bills of that nature would violate Rule 4.4. He further stated that in this case it did not provide any funding mechanisms and did not directly appropriate money. He further stated that it did have a fiscal impact but Rule 4.4 was designed to deal with bills in which there was some type of fund raising mechanism provided in the Bill and it specified where the money would go. He further stated that Rule 4.4 did not apply to this Bill in this case.

Rep. BOAN stated that is should go to Ways and Means because it did have a fiscal impact.

Rep. CROMER stated that it should not gall under Rule 4.4 and was dealt with appropriately in Judiciary.

The SPEAKER stated that the Point was being raised that it should have gone to Ways and means and that if the Judiciary Committee reported out a Bill that appropriated $2.00 to the Clerk of Court, then it still

Rep. WILKINS stated that the Bill did not directly appropriate money.

Rep. HODGES stated that the bottom line test was the question of direct appropriations and his concern was that anytime the House had changed the Criminal Code, that it changed the cost to the Department of Corrections and others and involved fiscal impact.

The SPEAKER stated that the fiscal impact did not send it to the Ways and Means Committee.

Rep. HODGES stated that the Bill had a fiscal impact but did not have direct appropriation.

The SPEAKER then questioned about the fiscal impact.

Rep. JENNINGS stated that this Bill did not directly appropriate money and that there was precedence from February 15, 1990 dealing with a hazardous waste bill and a similar point was raised and the SPEAKER cited Rule 4.4 and stated that any Bill directly appropriating money would have to be referred to the Ways and Means Committee but in that instance the Bill indirectly affected the amount of money generated by a fee but did not directly appropriate money.

Rep. HASKINS stated that the burden of proof was where the Bill directly appropriated money.

Rep. MATTOS stated that a fiscal impact statement must be attached.

The SPEAKER stated that he had been provided with a fiscal impact statement.

Rep. BOAN stated that Rule 4.4 was there for the protection of the membership and that this particular legislation had a significant impact on the State budget process and therefore, the argument would be of what was directly appropriated or indirectly appropriated.

The SPEAKER stated that Rule 4.4 was designed to require any Bill which appropriates money or has a substantial effect on revenue to go to the Ways and Means Committee so it can be fit into the overall budget process. He further stated that he had ruled earlier this year on a Bill that if it cut revenue or increased revenue, then the Budget Committee should look at it under Rule 4.4. He further stated, citing page 20, Section 14-1-370 of the Bill, that it appropriated money to the Clerks of Court.

Rep. HODGES stated that it took funds that are owed to the State and required that they be used for the expenses to provide adequate staff and equipment.

Rep. WILKINS stated that it did not appropriate new dollars but only directed where certain dollars would go that are already allocated.

Rep. JENNINGS stated that Section 14-1-370 did not appropriate dollars at all and that it directed the appropriation of dollars through the Clerk of Court.

The SPEAKER stated that the section clearly appropriated the money to the Clerks of the Family Court to be used for staff and equipment to implement and operate Section 14-1-240 through Section 14-1-350.

Rep. JENNINGS stated that the money was already appropriated and the section just directed where it went.

Rep. CLYBORNE stated that the intent of Rule 4.4 was to prevent the House from appropriating money without knowing it and this did not do that.

Rep. HODGES stated that it did not say money currently appropriated but money owed to the State that may already be going to the County.

The SPEAKER stated the money was going to the State.

Rep. WILKINS stated that Section 370 referred back to Section 360.

The SPEAKER stated that it referred to Sections 240-350 which were all new code sections.

Rep. WILKINS stated that the rule said directly appropriate and this was a reallocation and not a new appropriation.

The SPEAKER sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.

Rep. CATO moved that the House recur to the morning hour, which was agreed to by a division vote of 47 to 28.

The following was introduced:

H. 5165 -- Reps. Rudnick, Simrill, Inabinett, G. Bailey, Hines, J. Wilder, Byrd, Kirsh, Wells, Riser, Richardson, Stone, Robinson and Vaughn: A CONCURRENT RESOLUTION TO RECOGNIZE THE 1993-94 CAROLINA CONCERTS AT THE UNIVERSITY OF SOUTH CAROLINA COLISEUM AND TO NOTE THE OUTSTANDING PERFORMANCE APRIL 19, 1994, BY PETER NERO ACCOMPANIED BY THE UNIVERSITY OF SOUTH CAROLINA SYMPHONY ORCHESTRA DIRECTED BY DR. DONALD PORTNOY.

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

The following was introduced:

H. 5166 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. BETTY J. LARK OF RICHLAND COUNTY UPON HER RETIREMENT AS AN EDUCATOR WITH RICHLAND COUNTY SCHOOL DISTRICT ONE JUNE 9, 1994, AND TO WISH HER GOOD HEALTH AND HAPPINESS IN HER RETIREMENT.

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

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

H. 5167 -- Rep. Rogers: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT SERVICE IN THE COMMISSIONED CORPS OF THE UNITED STATES PUBLIC HEALTH SERVICE MAY BE ESTABLISHED IN THE SAME MANNER THAT MILITARY SERVICE IS ESTABLISHED.

Referred to Committee on Ways and Means.

H. 5168 -- Rep. Meacham: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT THE NEED OR DESIRE FOR A POST-HIGH SCHOOL EDUCATION DOES NOT CONSTITUTE AN EXCEPTIONAL CIRCUMSTANCE SO AS TO WARRANT EXTENDING CHILD SUPPORT BEYOND A CHILD'S EIGHTEENTH BIRTHDAY.

Referred to Committee on Judiciary.

The following was received.
Columbia, S.C., April 27, 1994
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. MARCHBANKS the invitation was accepted.

The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 1026 -- Senator McGill: A BILL TO AMEND SECTIONS 52-7-15 AND 52-7-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFICERS AND MEETINGS OF THE STATE ATHLETIC COMMISSION, SO AS TO ELIMINATE THE OFFICE OF CHIEF ATHLETIC COMMISSIONER AND REPLACE IT WITH AN ADMINISTRATOR APPOINTED BY THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO AMEND SECTION 52-7-30, AS AMENDED, RELATING TO DUTIES OF THE STATE ATHLETIC COMMISSION, SO AS TO ALLOW A DESIGNEE OF THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION TO APPOINT OFFICIALS; TO AMEND SECTION 52-7-65, RELATING TO DISCIPLINARY ACTIONS BY THE CHIEF COMMISSIONER, SO AS TO CONFORM THE PROVISION TO THE PROVISIONS OF THIS ACT AND EXTEND THE AUTHORITY TO COMMISSION REPRESENTATIVES IN CHARGE OF AN EVENT; TO AMEND SECTION 52-7-75, RELATING TO APPROVAL OR DENIAL OF PERMITS, SO AS TO CHANGE REFERENCES TO CHIEF COMMISSIONER TO ADMINISTRATOR AND ADD A REFERENCE TO A NEW DISCIPLINARY PROVISION; AND TO AMEND SECTION 52-7-310, RELATING TO COUNTY ATHLETIC COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS OF A COUNTY ATHLETIC COMMISSION SHALL RECEIVE NO COMPENSATION FROM THE STATE AND MAY RECEIVE OTHER COMPENSATION AUTHORIZED BY THE COUNTY AND AS

Rep. T.C. ALEXANDER explained the Bill.

H. 5078 -- Reps. Cato, Mattos, Clyborne, Vaughn, Baker, Wilkins, Anderson, McMahand, Haskins, Fair and Jaskwhich: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AS TO WHETHER OR NOT THE SCHOOL DISTRICT OF GREENVILLE COUNTY SHOULD BE SUBDIVIDED INTO NOT LESS THAN THREE NOR MORE THAN FIVE SEPARATE SCHOOL DISTRICTS IF A MAJORITY OF THE ELECTORS OF THE DISTRICT AT A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1994 GENERAL ELECTION VOTE IN FAVOR OF ESTABLISHING THE TASK FORCE.

The following Bill was taken up.

H. 4634 -- Reps. Cromer, Tucker, Baxley, Gonzales, Stoddard, Inabinett, Kennedy, Wells, Allison, Hallman, Townsend, Hodges, H. Brown, Corning, Lanford, Law, Govan, Stone, G. Brown, G. Bailey, Meacham, D. Wilder, Witherspoon, McKay, Simrill, McCraw, Walker, Robinson, Riser, Kelley, Vaughn, Shissias, Stuart, R. Smith, Stille, Littlejohn, Chamblee, Houck, Harrison, Farr, Gamble, Fulmer, Haskins, Davenport, Williams, Cato, Neilson, J. Wilder, Marchbanks, Spearman, Harvin, Richardson and Thomas: A BILL TO AMEND SECTION 17-25-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL AUTHORITIES ALLOWING ABLE-BODIED CONVICTS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO EXEMPT CERTAIN CONVICTS; TO AMEND SECTION 24-3-35, RELATING TO USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO REQUIRE THE USE OF PRISONERS INSTEAD OF THE PERMISSIVE USE OF PRISONERS; TO AMEND SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, AND 24-7-50, RELATING TO COUNTY AND MUNICIPAL CHAIN GANGS, SO AS TO MANDATE THE USE OF ABLE-BODIED PRISONERS LOCATED IN COUNTY AND MUNICIPAL CORRECTIONAL FACILITIES ON WORK GANGS ON PUBLIC WORKS.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/SECTION 1. Section 17-25-70 of the 1976 Code is amended to read:

"Section 17-25-70. Notwithstanding any other provision of law, a local governing body may authorize the sheriff or other official in charge of this a local correctional facility to require any able-bodied convicted person committed to such the facility to perform labor on in the public works or ways interest. This labor may involve public service work or related activities which conform to the provisions of Section 24-13-660. The public service work may include, but is not limited to, maintenance or repair of drainage systems, highways, streets, bridges, grounds, and buildings, litter control, and emergency relief efforts. Any A convicted person physically capable of performing such the labor who refuses to obey a direct order to perform such labor do so shall is not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any. An inmate participating in a local work punishment or other public service sentence program shall must not be arbitrarily removed arbitrarily from such the program and required to perform work on the public works or ways. A local governing body may enter into a contractual agreement with any other governmental entity for use of inmate labor in the performance of a public purpose."

SECTION 2. Sections 24-3-35, 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, and 24-7-100 of the 1976 Code are repealed.

SECTION 3. This act takes effect upon approval by the Governor./

Renumber sections to conform.

Amend totals and title to conform.

Rep. LANFORD explained the amendment and moved to adjourn debate upon the Bill until Thursday, April 28, which was adopted.

The SPEAKER granted Rep. STURKIE a leave of absence.

Rep. WALDROP moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 4835 -- Reps. McElveen, Cobb-Hunter, Cromer, Neal, Govan, Shissias, Inabinett, Waldrop, Boan, Wells, Mattos and Hodges: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA SELF-SUFFICIENCY AND PARENTAL RESPONSIBILITY ACT OF 1994 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO EXPAND THE DEPARTMENT OF SOCIAL SERVICES WORK SUPPORT PROGRAM STATEWIDE; TO REVISE THE REQUIREMENTS FOR PARTICIPATION IN THE WORK SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY FOR FEDERAL WAIVERS FOR A TRANSITION TO EMPLOYMENT PROGRAM, REMOVAL OF THE AUTOMOBILE RESOURCE VALUE LIMIT, A SELF-SUFFICIENCY PILOT PROJECT, AND ELIMINATION OF THE PARENTAL DEPRIVATION RULE; TO REQUIRE MANDATORY PARTICIPATION IN THE WORK SUPPORT PROGRAM BY NONCUSTODIAL UNEMPLOYED PARENTS; TO EXPAND THE DEPARTMENT OF SOCIAL SERVICES TEEN COMPANION PROGRAM; TO PROVIDE PARENTING AND DAILY LIVING SKILLS AS PART OF THE WORK SUPPORT PROGRAM; TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONTINUE EXPANSION OF FAMILY PLANNING SERVICES INCLUDING A FEDERAL WAIVER EXTENDING MEDICAID FAMILY PLANNING ELIGIBILITY FOR TWO YEARS AFTER CHILDBIRTH AND TO RECOMMEND A FIVE-YEAR FUNDING PHASE-IN FOR THESE SERVICES.

Rep. WOFFORD moved to adjourn debate upon the following Joint Resolution, which was adopted.

H. 4837 -- Reps. McElveen, Cobb-Hunter, Cromer, Neal, Govan, Shissias, Inabinett, Wells, Mattos, Boan, Hodges and Waldrop: A JOINT RESOLUTION TO ENACT THE SOUTH CAROLINA WELFARE AND ADMINISTRATIVE REFORM ACT OF 1994 SO AS TO ESTABLISH STATE WELFARE POLICY; TO DIRECT THE DEPARTMENT OF SOCIAL SERVICES TO APPLY TO THE FEDERAL GOVERNMENT FOR AID TO FAMILIES WITH DEPENDENT CHILDREN, FOOD STAMP, AND MEDICAID PROGRAM WAIVERS TO ALLOW THE

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