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Licensing, and

Regulation

Fire Academy Equipment. . . . .250,000

(17) Judicial Department

Pilot Arbitration Program. . . . .100,000

(18) Administrative Law Judges

Training. . . . .10,775

(19) Department of Veterans Affairs

Veterans Cemetery. . . . .220,000

(20) Clemson PSA

Camp Hope. . . . .672,000

(21) Charleston Redevelopment Authority. . . . . 200,000

Total. . . . .67,257,259

SECTION 2. With respect to appropriations made in Section 1 of this joint resolution, any funds appropriated by the State for the Grand Strand Beach Renourishment Project cannot be expended until the United States Army Corps of Engineers certifies to the Department of Health and Environmental Control that the federal funds and the required funds from local governments for construction of the Grand Strand Beach Renourishment Project are available for expenditure.

SECTION 3. This joint resolution takes effect thirty days after the completion of the 1994-95 fiscal year in accordance with the provisions of Article III, Section 36(B)(3)(a), Constitution of South Carolina, 1895, and Section 11-11-320(D)(1) of the 1976 Code./

Amend title to conform.

/s/Senator John Drummond/s/Rep. Henry E. Brown, Jr.
/s/Senator J. Verne Smith/s/Rep. John G. Felder
/s/Senator Harvey S. Peeler/s/Rep. Robert W. Harrell, Jr.

On Part of the Senate.On Part of the House.

Rep. HARRELL explained the Conference Report.

Rep. SHEHEEN raised the Point of Order that the Conference Report was out of order in compliance with Rule 5.15 in that it had not been printed.

The SPEAKER sustained the Point of Order.

Rep. HUFF moved to waive Rule 5.14.

The yeas and nays were taken resulting as follows:

Those who voted in the affirmative are:

Askins           Baxley           Boan
Cain             Carnell          Cato
Cave             Chamblee         Clyburn
Cotty            Cromer           Dantzler
Davenport        Delleney         Easterday
Elliott          Fair             Felder
Fleming          Gamble           Harrell
Harrison         Harvin           Haskins
Herdklotz        Huff             Hutson
Jennings         Keegan           Kelley
Kennedy          Kinon            Kirsh
Klauber          Knotts           Koon
Limbaugh         Limehouse        Littlejohn
Marchbanks       Mason            McAbee
McCraw           McKay            McTeer
Meacham          Moody-Lawrence   Neilson
Phillips         Quinn            Rhoad
Rice             Richardson       Riser
Robinson         Sandifer         Sharpe
Simrill          Smith, D.        Smith, R.
Spearman         Stille           Stoddard
Stuart           Thomas           Tripp
Trotter          Tucker           Vaughn
Waldrop          Walker           Wells
Whatley          Wilder           Wilkes
Wilkins          Witherspoon      Wofford
Worley           Wright           Young, A.

Those who voted in the negative are:

Breeland         Byrd             Cooper
Hodges           Inabinett        Lloyd
McElveen         McMahand         Neal

Rogers           Scott            Sheheen
Whipper, L.      Whipper, S.

So, Rule 5.14 was waived.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

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

H. 4304 -- Reps. Haskins, Boan and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, OCTOBER 24, 1995, AS THE TIME FOR ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT.

The following Concurrent Resolution was taken up for immediate consideration.

H. 4304 -- Reps. Haskins, Boan and D. Smith: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON TUESDAY, OCTOBER 24, 1995, AS THE TIME FOR ELECTING PERSONS TO FILL THE JUDICIAL OFFICES CREATED IN THE 1995-96 GENERAL APPROPRIATIONS ACT.

Amend Title To Conform

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

That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Tuesday, October 24, 1995, at 12:00 noon to elect persons to fill the judicial offices created in the 1995-96 General Appropriations Act if screening has been completed and a report issued by the Joint Legislative Screening Committee and to include gubernatorial vetoes.

Rep. SCOTT spoke against the Concurrent Resolution.

Rep. HODGES raised the Point of Order that the Concurrent Resolution was out of order under Rule 5.12 in that it was introduced after the April 15th deadline and it would require two-thirds of the membership present and voting in order to waive the rule and consider it.

The SPEAKER stated that the House had a Sine Die Resolution which required a two-thirds vote which the House took up on June 1 and it authorized a very detailed list of things that really became the House Calendar. He further stated that since this was listed on the Resolution, then the House met the requirement.

Rep. HODGES stated that this was a separate Resolution and the House had authorized this under the Sine Die Resolution in the event the Appropriations Bill created new judgeships. He further stated that it did require a separate Resolution authored by only the conferees, which made it a separate matter. He further stated that it would require a two-thirds vote.

Rep. McTEER stated that this would be changing the Rules if you were allowed to introduce something after a certain date and the Sine Die Resolution did not require the Rules Committee to meet.

Rep. QUINN stated that the House specifically outlined this issue as a debatable issue in the Sine Die Resolution and since it had passed with a two- thirds vote, then the House had overcome that standard. He further stated that it was in order with the Sine Die Resolution as the House was not on the Calendar.

Rep. SHEHEEN stated that there was no prohibition against anything being introduced but that the waiving of the rule in order for the House to consider it was a separate issue. He further stated that the Sine Die Resolution only allowed for a certain kind of Resolution to be introduced, but that it did not waive the rest of the Rules.

The SPEAKER stated that Rule 5.12 helped regulate the volume of Bills on the Calendar, but that there was no Calendar today, only the Sine Die Resolution.

Rep. SHEHEEN stated that the Sine Die Resolution had only expressed what could be considered in the extended session.

The SPEAKER stated that the House had not been on the Calendar today.

Rep. SHEHEEN stated that the House had only considered conference and free conference reports and that interrupted debate anyway.

Rep. HASKINS stated that the Sine Die Resolution had already been given two- thirds approval and on page 27 of our Rules, it cited reference to Act 201 of 1985 and specifically discussed the Sine Die adjournment

Rep. HODGES stated that if that were true, then the House could not initiate any new action during the extended session and only consider matters provided for in the Concurrent Resolution. He further stated that this was a new Resolution being put before the House.

The SPEAKER stated that it was clearly set forth in Subparagraph (h).

Rep. HODGES stated that the Sine Die Resolution did not set elections, it only stated that conditionally you could introduce another Resolution and he did not think that should be in order.

Rep. QUINN stated that the Sine Die Resolution specifically stated to set a date and time for the General Assembly to reconvene for the purpose of filling any vacancies for judicial offices.

The SPEAKER stated that on the basis that it was included in the Sine Die Resolution adopted on June 1 and received two-thirds vote that he would overrule the Point of Order.

Rep. SHEHEEN raised the Point of Order that the Resolution was out of order until such time that the General Appropriations Act had passed and been signed into law. He further stated that there were no judicial offices created at this time.

The SPEAKER stated that the Resolution set the elections if the offices were provided for and if screening was complete.

Rep. SHEHEEN stated that the House would still have to come to adjourn Sine Die the way that the Resolution was drawn.

Rep. HASKINS stated that the Resolution was drafted to hold the election if the offices were created and if the screening was complete.

Rep. SHEHEEN stated that the Sine Die resolution did not say that you could pass a Resolution conditionally setting the elections but that it stated that you could not set the elections until after the offices are created and that would not be until after the Appropriations Bill had been passed.

Rep. HASKINS stated that the "if" referred to Point three of the Resolution and not the whole proposition of being allowed to introduce the Resolution.

The SPEAKER stated that he did not see that as a condition that had to be met and he overruled the Point of Order.

By adding at the end:

and to include gubernatorial vetoes.

Rep. McABEE explained the amendment.

The amendment was then adopted.

Rep. McTEER raised the Point of Order that the Bill was out of order in that no Bill shall be considered by the House until one week after the date of its first reference to committee.

The SPEAKER stated that it was a Concurrent Resolution and he overruled the Point of Order.

Rep. HODGES spoke against the Concurrent Resolution.

The question then recurred to the adoption of the Concurrent Resolution, as amended.

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

Those who voted in the affirmative are:

Allison          Baxley           Boan
Brown, J.        Cain             Carnell
Cato             Chamblee         Clyburn
Cotty            Dantzler         Davenport
Delleney         Easterday        Elliott
Fair             Felder           Fleming
Fulmer           Gamble           Harrell
Harrison         Harvin           Haskins
Herdklotz        Hutson           Jennings
Keegan           Kelley           Kinon
Klauber          Knotts           Koon
Law              Limbaugh         Limehouse
Littlejohn       Marchbanks       Martin
Mason            McAbee           McCraw
McKay            Meacham          Phillips
Quinn            Rhoad            Rice
Riser            Robinson         Sandifer

Seithel          Sharpe           Shissias
Simrill          Smith, D.        Smith, R.
Stille           Tripp            Trotter
Vaughn           Waldrop          Walker
Wells            Whatley          Wilkins
Witherspoon      Wofford          Worley
Wright           Young, A.        Young, J.

Those who voted in the negative are:

Anderson         Askins           Breeland
Brown, G.        Byrd             Cave
Cobb-Hunter      Cooper           Cromer
Govan            Harris, P.       Hines
Hodges           Howard           Inabinett
Keyserling       Kirsh            Lloyd
McElveen         McTeer           Moody-Lawrence
Neal             Neilson          Richardson
Rogers           Scott            Sheheen
Spearman         Stuart           Tucker
Whipper, L.      Whipper, S.      Wilder
Wilkes           Williams

So, the Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.

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 #: 4304 General Subject Matter: Setting Date for Election of New Judges

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

Rep. THOMAS E. HUFF

Rep. J. BROWN moved that the House do now adjourn, which was adopted.

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:

Most merciful God and Father of us all, under the canopy of Your goodness and mercy which has followed us all our days, bless us with the supreme satisfaction of rendering our best service, undiluted by base motives or selfish interests. As keepers of the holy flame of freedom which our fathers kindled with their lives, make us worthy of that trust. Keep us steadfast in Your way that no mouths shall cry for bread, that no hands and feet shall be shackled, that no speech shall be silenced, that eyes shall not be bandaged, nor minds darkened by falsehood hiding the light of Your truth.

Lord, in Your mercy, hear our prayer. 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.

Rep. HARRELL moved that when the House adjourns, it adjourn in memory of Gedell Roundtree, sister of Rep. H. BROWN of North Charleston, which was agreed to.

The following was received.
Columbia, S.C., June 12, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3363:

Received as information.

The following was received.
Columbia, S.C., June 12, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.
Very respectfully,
President

Received as information.

The following was received.
Columbia, S.C., June 12, 1995
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Drummond, J. Verne Smith and Peeler of the Committee of Free Conference on the part of the Senate on H. 3690:
H. 3690 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1994-95 SURPLUS GENERAL FUND REVENUES.
Very respectfully,
President

Received as information.

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