South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 1141 . . . . . Monday, March 15, 1999

Monday, March 15, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

When the demands upon us are increased, then, Lord God, we need a double measure of Your guidance and direction. Such is the situation before us this day as we begin consideration of the new state budget. As You once led the Children of Israel, so lead us as we enter the hard decisions that confront us. Keep us keenly aware that the action we take will impact the lives of so many of Your people. So may our action be not on "Is it popular?" but rather "Is it right?" Remain with us, Heavenly Father, to show us what is right. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. HAWKINS moved that when the House adjourns, it adjourn in memory of Mary Astor Fleming Kitchens of Spartanburg, which was agreed to.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., March 11, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs you Honorable Body that it concurs in the amendments proposed by the House to H. 3346:
H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: A BILL TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION


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AND MAINTENANCE OF GOLF COURSES AS A PERMITTED ACTIVITY OF THE DISTRICT.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
President

CONCURRENT RESOLUTION

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

S. 557 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, MARCH 2, 1999, AS "READ ACROSS AMERICA DAY" IN SOUTH CAROLINA, URGING EVERY CITIZEN IN THE PALMETTO STATE TO ENSURE THAT EVERY CHILD IS READ-TO BY A CARING ADULT AT LEAST ONCE ON THAT DAY, AND REDEDICATING THIS STATE TO EFFORTS WHICH ENGAGE IN PROGRAMS AND ACTIVITIES TO PLACE SOUTH CAROLINA'S CHILDREN AMONG THE BEST READERS IN THE NATION.

Whereas, the State of South Carolina has committed itself to a course of raising academic standards for all students; and

Whereas, the citizens of the State of South Carolina stand firmly committed to promoting reading as a catalyst for our students' future academic success, their preparation for America's jobs of the future, and their ability to compete in a global economy; and

Whereas, the General Assembly has provided significant leadership in the area of education reform, grounded in the principle that educational investment is key to the state's well being and long-term quality of life; and

Whereas, "Read Across America", a national celebration of Dr. Suess's birthday on March 2, promotes reading and adult involvement in the education of our students; and

Whereas, "Read Across America" is a project of great merit and is highly deserving of enthusiastic support. Now, therefore,


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

That the members of the General Assembly of the State of South Carolina, by this resolution, designate Tuesday, March 2, 1999, as "Read Across America Day" in South Carolina, urge every citizen in the Palmetto State to ensure that every child is read to by a caring adult at least once on that day, and rededicate this State to efforts which engage in programs and activities to place South Carolina's children among the best readers in the nation.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

HOUSE RESOLUTION

The following was introduced:

H. 3737 (Word version) -- Rep. Walker: A HOUSE RESOLUTION TO RECOGNIZE AND CONGRATULATE MR. AND MRS. HOLLAND E. WALKER ON THE JOYOUS OCCASION OF THEIR FIFTY-EIGHTH WEDDING ANNIVERSARY WHICH THEY WILL CELEBRATE ON APRIL 5, 1999, AND TO HONOR THEM BY DEDICATING THIS DAY TO THEIR HONOR IN THE HOUSE OF REPRESENTATIVES.
The Resolution was adopted.

INTRODUCTION OF BILLS

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

S. 337 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND CERTAIN PROVISIONS OF CHAPTER 29 OF TITLE 34 AND CHAPTERS 1, 2, 3, AND 4 OF TITLE 37 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT TRANSACTIONS, SO AS TO, AMONG OTHER THINGS, REQUIRE THAT THE AMOUNT OF LIFE INSURANCE COVERAGE BE BASED UPON NET COVERAGE PLUS SIX MONTHLY PAYMENTS FOR LOANS WITH A TERM IN EXCESS OF SIXTY MONTHS; REQUIRE THE DEFINITION OF DISABILITY TO BE BASED UPON THE INSURED'S OWN OCCUPATION ON THE DATE OF DISABILITY FOR THE FIRST


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YEAR AND AN OCCUPATION WITH SUBSTANTIALLY EQUIVALENT REMUNERATION THEREAFTER; LOWER THE RATES FOR CREDIT LIFE INSURANCE; ADD A PROVISION RELATING TO UNFAIR CLAIMS PRACTICES; REQUIRE THAT CREDIT INSURANCE BE PORTABLE; REQUIRE THAT A POLICY MAY NOT BE CONTESTED UNLESS THE MISREPRESENTATION DIRECTLY CONTRIBUTES TO THE CONTINGENCY OR EVENT BY WHICH THE CLAIM ARISES; LOWER THE MAXIMUM PREMIUM FOR NON-FILING INSURANCE; ENHANCE CONSUMER DISCLOSURES; PROHIBIT NON-FILING INSURANCE AS A PERMITTED CHARGE FOR PURCHASE MONEY SECURITY INTEREST LOANS BEYOND APRIL 1, 2000; PROHIBIT A CHARGE FOR AND FILING OF A UCC SECURITY FORM FOR COLLATERAL THAT CANNOT BE USED AS SECURITY FOR A LOAN PURSUANT TO LAW; AND TO REQUIRE THAT IT MUST BE THE CONSUMER'S CHOICE TO PURCHASE INSURANCE FOR LESS THAN THE LENGTH OF THE LOAN.
Referred to Committee on Labor, Commerce and Industry

S. 448 (Word version)-- Senator Drummond: A JOINT RESOLUTION TO AMEND SECTION 72.37 J., PART IB, ACT 419 OF 1998, RELATING TO EXPENSE REIMBURSEMENTS FOR STATE EMPLOYEES USING A PERSONAL VEHICLE FOR OFFICIAL BUSINESS, SO AS TO REDUCE THE MILEAGE REIMBURSEMENT RATE FROM 32.5 CENTS TO 31 CENTS PER MILE IN ORDER TO CONFORM WITH A REDUCTION IN THE ALLOWABLE REIMBURSEMENT RATE PURSUANT TO FEDERAL REGULATION.
Referred to Committee on Ways and Means

S. 491 (Word version) -- Senator Cork: A BILL TO AMEND SECTION 50-21-136, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY, SO AS TO CORRECT A DIRECTIONAL REFERENCE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


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ROLL CALL

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

Allen                  Altman                 Bailey
Bales                  Barfield               Barrett
Battle                 Breeland               Brown H.
Brown J.               Carnell                Cato
Cobb-Hunter            Cooper                 Cotty
Dantzler               Delleney               Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Haskins
Hawkins                Hayes                  Hines J.
Hines M.               Hinson                 Howard
Inabinett              Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Lee
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Maddox
Mason                  McCraw                 McGee
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Ott                    Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Sharpe                 Simrill                Smith D.
Smith J.               Smith R.               Stille
Taylor                 Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Monday, March 15.

Merita Allison                    Andre Bauer
Scott Beck                        George Campsen
Converse Chellis                  William Clyburn
Ralph Davenport                   Michael Easterday
Tracy Edge                        Grady Brown

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Anthony Harris                    Alex Harvin
Douglas Jennings                  Kenneth Kennedy
James Klauber                     Steve Lanford
H.B. "Chip" Limehouse             Dwight Loftis
E.B. "Mac" McLeod                 Becky Martin
Denny Neilson                     Anne Parks
Olin Phillips                     Richard Quinn
John Scott                        Lynn Seithel
Robert Sheheen                    Daniel Tripp
Jackson Whipper

Total Present--114

LEAVE OF ABSENCE

The SPEAKER granted Rep. STUART a leave of absence for the day due to being snowed-in in Pennsylvania.

LEAVE OF ABSENCE

The SPEAKER granted Rep. BOWERS a leave of absence due to employment obligations.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence for the day.

LEAVE OF ABSENCE

The SPEAKER granted Rep. T. BROWN a leave of absence for the day.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill


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or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

CO-SPONSOR ADDED

Bill Number:   H. 3276 (Word version)
Date:     ADD:
03/15/99   GILHAM

CO-SPONSOR ADDED

Bill Number:   H. 3595 (Word version)
Date:     ADD:
03/15/99   HAYES

CO-SPONSOR ADDED

Bill Number:   H. 3726 (Word version)
Date:     ADD:
03/15/99   HARRIS

SENT TO THE SENATE

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 3535 (Word version) -- Rep. Edge: A BILL TO AMEND SECTION 27-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS OF "BUILDING", "GENERAL COMMON ELEMENTS", AND "PROPERTY" IN THE HORIZONTAL PROPERTY ACT, SO AS TO EXTEND THE MEANINGS OF THESE TERMS TO APPLY TO PROPOSED OR ANTICIPATED CONSTRUCTION, AS WELL AS EXISTING CONSTRUCTION OR STRUCTURES; TO AMEND SECTION 27-31-30, RELATING TO THE PROVISIONS APPLICABLE TO THE ESTABLISHMENT OF A HORIZONTAL PROPERTY REGIME, SO AS TO PROVIDE THAT PROPERTY MAY BE SUBMITTED TO SUCH A REGIME PRIOR TO CONSTRUCTION OR THE COMPLETION OF ANY BUILDING OR APARTMENT, IMPROVEMENTS, OR STRUCTURES ON THE PROPERTY; TO AMEND SECTION 27-31-100, AS AMENDED, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE CONTENTS OF THE MASTER DEED OR LEASE, SO AS TO PROVIDE THAT THE MASTER DEED OR LEASE SHALL SET FORTH THE DESCRIPTION OF THE LAND, WHETHER LEASED OR IN FEE SIMPLE, AND THE BUILDING OR BUILDINGS IN EXISTENCE OR TO BE


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CONSTRUCTED, IF APPLICABLE, AND THEIR RESPECTIVE AREAS; AND TO AMEND SECTION 27-31-110, RELATING TO THE HORIZONTAL PROPERTY ACT AND THE REQUIREMENT THAT THE PLOT PLAN AND BUILDING PLAN ACCOMPANY THE MASTER DEED OR LEASE, SO AS TO EXTEND THE PROVISIONS OF THE SECTION TO PROPOSED OR ANTICIPATED BUILDINGS OR CONSTRUCTION, AS WELL AS BUILDINGS OR CONSTRUCTION ALREADY EXISTING.

ORDERED TO THIRD READING

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

H. 3029 (Word version) -- Rep. Mason: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.
Rep. CATO explained the Bill.

H. 3710 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO COMMERCIAL MOBILE RADIO SYSTEM SURCHARGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2376, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SANDIFER explained the Joint Resolution.

H. 3712 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO GOVERNMENT RESTRUCTURING AMENDMENTS AND RECERTIFICATION OF EXISTING BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2384, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BAILEY explained the Joint Resolution.


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H. 3725 (Word version) -- Reps. Breeland, Altman, Bailey, Campsen, Chellis, Dantzler, Gourdine, Harrell, Hinson, Inabinett, Limehouse, Mack, Whatley, Whipper and Young-Brickell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO EXTEND THE DOWNSTREAM ASHLEY RIVER SCENIC RIVER DESIGNATION TO THE HIGHWAY 526 BRIDGE.

H. 3029 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. CATO, with unanimous consent, it was ordered that H. 3029 (Word version) be read the third time tomorrow.

H. 3710 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SANDIFER, with unanimous consent, it was ordered that H. 3710 (Word version) be read the third time tomorrow.

H. 3712 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 3712 (Word version) be read the third time tomorrow.

H. 3725 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BREELAND, with unanimous consent, it was ordered that H. 3725 (Word version) be read the third time tomorrow.

H. 3695 -- TABLED

The following Bill was taken up:

H. 3695 (Word version) -- Reps. Kelley, Wilder, Cooper, Keegan and Witherspoon: A BILL TO AMEND SECTION 44-7-130, SOUTH CAROLINA CODE OF LAWS, 1976, RELATING TO THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REQUIRE THAT ALL FACILITIES ESTABLISHED TO PROVIDE RADIATION THERAPY ARE SUBJECT TO CERTIFICATE OF NEED REVIEW BY THE


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DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Rep. KELLEY moved to table the Bill, which was agreed to.

H. 3709 -- DEBATE ADJOURNED

The following Joint Resolution was taken up:

H. 3709 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, RELATING TO ELEVATOR SAFETY, DEFINITION OF "SERIOUS INJURY", DESIGNATED AS REGULATION DOCUMENT NUMBER 2411, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. LAW explained the Joint Resolution.

Rep. FLEMING moved to adjourn debate on the Joint Resolution until Tuesday, March 23, which was agreed to.

H. 3276 -- POINT OF ORDER

The following Bill was taken up:

H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Harris, J. Smith and Gilham: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE


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IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name GJK\20374AFC99):
Amend the bill, as and if amended, by inserting after the title and before the enacting words:
/WHEREAS, Congress enacted the Telecommunications Act of 1996 to open local telephone markets to competition, and the telecommunications industry is in a state of transition; and
WHEREAS, in addition to new competitors in traditional local exchange telecommunications markets, a number of new technologies have developed and are developing at a rapid pace, expanding the array of telecommunications providers and services available to consumers; and
WHEREAS, since the passage of the Telecommunications Act of 1996, competition in telecommunications services and the number of competitors in the telecommunications industry in South Carolina has grown and continues to grow, as evidenced by the hundreds of new entrants into the industry. In South Carolina, over four hundred companies have been authorized to provide long distance service and over seventy companies have been authorized to provide local telephone service. South Carolina now has over one thousand authorized pay phone service providers and numerous digital and analog wireless and paging providers. Telephony may also now be provided over Internet protocol and cable modems; and
WHEREAS, the citizens of municipalities in South Carolina have long enjoyed the public benefit of dependable local exchange and long distance telecommunications service provided to them by telecommunications carriers that have constructed, operated, and maintained telecommunications facilities to serve those citizens, and that currently occupy the municipal rights-of-way in the State; and
WHEREAS, Congress has stated that nothing in Section 253 of the Telecommunications Act of 1996 affects the authority of the state or local government to manage the public rights-of-way or to require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is disclosed by such government. The General Assembly


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finds that shifting of current taxation and fees from a franchise fee basis to the basis outlined in the attached article is necessary and appropriate due to the transition of the telecommunications industry and is fair and reasonable, and taxes and fees exceeding such amount, except upon extraordinary circumstances, would be unreasonable. Now, therefore, /
Amend the bill further, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Chapter 9 of Title 58 of the 1976 Code is amended by adding:

"Article 20
Municipal Charges to
Telecommunications Providers

Section 58-9-2200.   As used in this article:

(1)   'Telecommunications service' means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term 'telecommunications service' includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, Internet protocol telephony, and mobile telecommunications services and to the extent not already provided herein, those services described in Standard Industrial Classification (SIC) 481 and North American Industry Classification System (NAICS) 5133, except satellite services exempted by law.

(2)   'Retail telecommunications service' includes telecommunications services as defined in item (1) of this section but shall not include:

(a)   telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:

(i)   carrier access charges;

(ii)   right of access charges;

(iii)   interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;


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(iv)   charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;

(v)   charges for the sale of unbundled network elements; and

(vi)   charges for the use of intercompany facilities;

(b)   information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;

(c)   cable services that are subject to franchise fees defined and regulated under 47 U.S.C. Section 542;

(d)   satellite television broadcast services.

(3)   'Telecommunications company' means a provider of one or more telecommunications services.

(4)   'Cable service' includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one or more other telecommunications service providers.

(5)   'Mobile telecommunications service' includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services, and any other form of mobile one-way or two-way communications service.

(6)   'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer to the service provider, provided that the billing address is within the licensed service area of the service provider.

(7)   'Bad debt' means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or uncollectable, as determined under applicable federal income tax standards.


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Section 58-9-2210.   Nothing in this article shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 542.

Section 58-9-2220.   Notwithstanding any provision of law to the contrary:

(1)   A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed two-tenths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business license tax levied for the year 2004 and every year thereafter, the tax shall not exceed five-tenths of one percent of gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.

(2)   A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.

(3)   The measurement of the amounts derived from the retail sale of telecommunications services does not include:

(a)   an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and

(b)   bad debts.

(4)   A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the


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telecommunications company as they relate to payments under this article.

(5)   The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.

Section 58-9-2230   .   (A)   A municipality may impose a fair and reasonable franchise or consent fee on a telecommunications company for use of the public streets and public property to provide telecommunications service unless the telecommunications company has an existing contractual, constitutional, statutory, or other right to construct or operate in the public streets and public property including, but not limited to, consent previously granted by a municipality. Any such fair and reasonable franchise or consent fee which may be imposed upon a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:

Tier I                   1     -   1,000       $ 100.00

Tier II           1,001     -   3,000     $ 200.00

Tier III           3,001     -   5,000     $ 300.00

Tier IV         5,001     -   10,000     $ 500.00

Tier V           10,001     -   25,000     $ 750.00

Tier VI         Over       25,000     $1,000.00

(B)   A municipality may impose an administrative fee upon a telecommunications company which is not subject to subsection (A) in this section that constructs or installs or has previously constructed or installed facilities in the public streets and public property to provide telecommunications service. Any such fee which may be imposed on a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:

Tier I                 1     -     1,000       $ 100.00

Tier II         1,001   -     3,000     $ 200.00

Tier III         3,001   -     5,000     $ 300.00

Tier IV       5,001   -     10,000     $ 500.00

Tier V         10,001   -     25,000     $ 750.00

Tier VI       Over       25,000     $1,000.00

(C)   No municipality shall levy any tax, license, fee, or other assessment on, with respect to, or measured by the receipts from any telecommunications service, other than (a) the business license tax authorized by this article, and (b) franchise fees as defined and regulated under 47 U.S.C. Section 542; provided, however, that nothing herein shall restrict the right of any municipality to impose ad


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valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within the municipalities.

(D)   A telecommunications company, including a mobile telecommunications company providing mobile telecommunications services, shall not be deemed to be using public streets or public property unless it has constructed or installed physical facilities in public streets or on public property, provided that the use of public streets or public property under lease, site license, or other similar contractual arrangement between a municipality and a telecommunications company shall not constitute the use of public streets or public property under this article. Without limiting the generality of the foregoing, a telecommunications company shall not be deemed to be using public streets or public property under this article solely because of its use of airwaves within a municipality. Should any telecommunications company, including a telecommunications company providing mobile telecommunications services, request of a municipality permission to construct or install physical facilities in public streets or on public property, such request shall be considered by such municipality in a manner that is competitively neutral and nondiscriminatory as amongst all telecommunications companies.

Section 58-9-2240.   A municipality may not use its authority over the public streets and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission including, but not limited to, the operations, systems, service quality, service territory, and prices of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.

Section 58-9-2250.   A telecommunications company, its successors or assigns, that is occupying the public streets and public property of a municipality on the effective date of this article with the consent of the municipality to use such public streets and public property shall not be required to obtain additional consent to continue the occupation of those public streets and public property.

Section 58-9-2260.   A telecommunications company may include the following statement in any municipal customer's bill when that customer's municipality charges a business license tax to the telecommunications company under this chapter: 'Please note that


Printed Page 1157 . . . . . Monday, March 15, 1999

there may be a line-item charge included in this bill that is for a business license tax assessed by your municipality'."
SECTION   2.   If a section, paragraph, provision, or portion of this article is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this article, and the General Assembly for this purpose hereby declares that the provisions of this article are severable from each other.
SECTION   3.   No municipality may enforce an ordinance or practice which is inconsistent or in conflict with the provisions of this article; provided, however, that as of the time of the effective date of this article, any municipality which had entered into a franchise agreement or other contractual agreement with a telecommunications provider prior to December 31, 1997, may continue to collect fees under such franchise agreement or other contractual agreement through December 31, 2003, regardless of whether such franchise agreement or contractual agreement expires prior to December 31, 2003. Nothing in this article shall be interpreted to interfere with continuing obligations of any franchise or other contractual agreement in the event that such franchise agreement or other contractual agreement should expire after December 31, 2003. In the event that a municipality collects such fees under a franchise agreement or other contractual agreement herein, then such fees shall be in lieu of fees or taxes that might otherwise be authorized by this article. Provided, further, that any municipality that, as of the effective date of this article, has in effect a business license tax ordinance, adopted prior to December 31, 1997, under which the municipality has been imposing and a telecommunications company has been paying, a business license tax higher than that permitted under this article, may continue to collect such tax under the ordinance through December 31, 2003, instead of the business license tax permitted under this article.
SECTION   4.   This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CATO explained the amendment.

POINT OF ORDER

Rep. J. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and


Printed Page 1158 . . . . . Monday, March 15, 1999

title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

MOTION ADOPTED

Rep. H. BROWN moved that H. 3697, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 98-99, be set for Special Order immediately after third reading of H.3696, and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3697, the Joint Resolution to appropriate monies from the Capital Reserve Fund for fiscal year 98-99, the Bills on the Calendar be printed by number only, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that H. 3698, the Supplemental Appropriation Bill for fiscal year 1997-98, be set for Special Order immediately after second reading of H.3697, and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3698, the Supplemental Appropriation Bill for Fiscal Year 1997-98, the Bills on the Calendar be printed by number only, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that H. 3699, the Supplemental Appropriation Bill for fiscal year 1998-99, be set for Special Order immediately after third reading of H.3698, the Supplemental Appropriation Bill for Fiscal Year 1997-98, and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3699, the Supplemental Appropriation Bill for Fiscal Year 1998-99, the Bills on the Calendar be printed by number only, which was agreed to.


Printed Page 1159 . . . . . Monday, March 15, 1999

H. 3696 -- INTERRUPTED DEBATE

The following Bill was taken up:

H. 3696 -- GENERAL APPROPRIATION BILL

MOTION ADOPTED

Rep. H. BROWN moved that the General Appropriation Bill be considered section by section, beginning with Part IA then taking up Part IB and then Part II, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating the General Appropriation Bill, he be allowed to note a motion daily to reconsider each section adopted, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that pursuant to Rule 9.2, there is notice given of possibly offering amendments on third reading, which was agreed to.

Rep. HAMILTON moved to recommit the Bill, which was rejected.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. H. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.

STATEMENT BY REP. H. BROWN

Rep. H. BROWN made a statement relative to the Bill, H. 3696.

PART IA

SECTION 2

Section 2 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5C

Section 5C was adopted.


Printed Page 1160 . . . . . Monday, March 15, 1999

SECTION 5D

Section 5D was adopted.

SECTION 5E

Section 5E was adopted.

SECTION 5F

Section 5F was adopted.

SECTION 5G

Section 5G was adopted.

SECTION 5H

Section 5H was adopted.

SECTION 5KA

Section 5KA was adopted.

SECTION 5KB

Section 5KB was adopted.

SECTION 5KC

Section 5KC was adopted.

SECTION 5KD

Section 5KD was adopted.

SECTION 5KE

Section 5KE was adopted.

SECTION 5KF

Section 5KF was adopted.

SECTION 5KG

Section 5KG was adopted.

SECTION 5KH

Section 5KH was adopted.

SECTION 5MA

Section 5MA was adopted.


Printed Page 1161 . . . . . Monday, March 15, 1999

SECTION 5MB

Section 5MB was adopted.

SECTION 5MC

Section 5MC was adopted.

SECTION 6

Section 6 was adopted.

SECTION 7

Section 7 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 17 -- DEBATE ADJOURNED

Rep. RODGERS proposed the following Amendment No. 10 (Doc Name housedesk\h-wm\007\library5.doc):
Amend the bill, as and if amended, Part IA, Section H87, STATE LIBRARY, page 173, line 20, opposite /Aid CNTY - Libraries/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

417,000   417,000

(0)   (0)
Renumber sections to conform.
Amend totals and title to conform.

Rep. RODGERS explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to adjourn debate on the Section, which was agreed to.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.


Printed Page 1162 . . . . . Monday, March 15, 1999

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 31

Section 31 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 39

Section 39 was adopted.


Printed Page 1163 . . . . . Monday, March 15, 1999

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 54C

Section 54C was adopted.

SECTION 54E

Section 54E was adopted.

SECTION 54F

Section 54F was adopted.

SECTION 56D

Section 56D was adopted.


Printed Page 1164 . . . . . Monday, March 15, 1999

SECTION 58

Section 58 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63H

Section 63H was adopted.

SECTION 64

Section 64 was adopted.

SECTION 66

Section 66 was adopted.

PART IB

SECTION 2

Section 2 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5K

Section 5K was adopted.

SECTION 5M

Section 5M was adopted.

SECTION 7

Section 7 was adopted.

SECTION 8

Section 8 was adopted.


Printed Page 1165 . . . . . Monday, March 15, 1999

SECTION 10

Section 10 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 55

Section 55 was adopted.


Printed Page 1166 . . . . . Monday, March 15, 1999

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 63B -- DEBATE ADJOURNED

Rep. GAMBLE proposed the following Amendment No. 35 (Doc Name housedesk\council\bbm\amend\9110som99.doc):
Amend the bill, as and if amended, Part IB, Section 63B-F07-Budget and Control Board, page 486, line 30, after /./ by adding:
/ All prescription costs paid by a participant of the State Health Plan shall apply to the participant's annual out-of-pocket maximum pay-out amount of fifteen hundred dollars./
Renumber sections to conform.
Amend totals and title to conform.

Rep. GAMBLE explained the amendment.

Rep. KELLEY moved to adjourn debate on the Section, which was agreed to.

SECTION 63D

Section 63D was adopted.

SECTION 63F

Section 63F was adopted.

SECTION 63H

Section 63H was adopted.

Rep. H. BROWN moved that the House recede until 2:00 P.M., which was agreed to.


Printed Page 1167 . . . . . Monday, March 15, 1999

Further proceedings were interrupted by the House receding, the pending question being consideration of Part IA.

THE HOUSE RESUMES

At 2:00 P. M. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER TROTTER IN CHAIR

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

H. 3696 - AMENDED AND INTERRUPTED DEBATE

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

H. 3696 -- GENERAL APPROPRIATION BILL

PART IA

SECTION 5L

Section 5L was adopted.

SECTION 5N

Section 5N was adopted.

SECTION 9

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 12

Section 12 was adopted.

SECTION 17 - AMENDED AND DEBATE ADJOURNED

Rep. RODGERS proposed the following Amendment No. 10 (Doc Name housedesk\h-wm\007\library5.doc), which was adopted.


Printed Page 1168 . . . . . Monday, March 15, 1999

Amend the bill, as and if amended, Part IA, Section H87, STATE LIBRARY, page 173, line 20, opposite /Aid CNTY - Libraries/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

417,000   417,000

(0)   (0)
Renumber sections to conform.
Amend totals and title to conform.

Rep. RODGERS explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. COTTY spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment.

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

Yeas 35; Nays 60

Those who voted in the affirmative are:

Barfield               Barrett                Brown H.
Campsen                Cato                   Chellis
Clyburn                Cooper                 Easterday
Edge                   Hamilton               Harrell
Harrison               Hawkins                Hinson
Keegan                 Kelley                 Kirsh
Koon                   Leach                  Littlejohn
Meacham                Quinn                  Rice
Riser                  Robinson               Sandifer
Smith D.               Smith R.               Trotter
Vaughn                 Webb                   Wilkins
Witherspoon            Young-Brickell

Total--35

Those who voted in the negative are:

Allison                Bales                  Battle
Beck                   Breeland               Carnell
Cotty                  Dantzler               Davenport
Delleney               Emory                  Fleming
Gamble                 Gilham                 Gourdine
Harris                 Hayes                  Howard

Printed Page 1169 . . . . . Monday, March 15, 1999

Inabinett              Jennings               Kennedy
Klauber                Knotts                 Lanford
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Miller                 Neal
Neilson                Ott                    Parks
Phillips               Rhoad                  Rodgers
Rutherford             Scott                  Seithel
Sheheen                Simrill                Smith J.
Stille                 Taylor                 Townsend
Walker                 Whatley                Whipper
Wilder                 Wilkes                 Woodrum

Total--60

So, the House refused to table the amendment.

Rep. H. BROWN spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. FLEMING moved to adjourn debate on the amendment.
Rep. COTTY moved to table the motion.

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

Yeas 56; Nays 48

Those who voted in the affirmative are:

Allen                  Allison                Bailey
Bales                  Battle                 Bauer
Breeland               Brown J.               Carnell
Clyburn                Cobb-Hunter            Cotty
Dantzler               Davenport              Delleney
Emory                  Gilham                 Gourdine
Harris                 Hayes                  Hines J.
Howard                 Jennings               Klauber
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
McGee                  McLeod M.              McLeod W.

Printed Page 1170 . . . . . Monday, March 15, 1999

McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Robinson               Rodgers                Rutherford
Scott                  Sheheen                Simrill
Smith J.               Stille                 Taylor
Walker                 Whipper                Wilder
Wilkes                 Woodrum

Total--56

Those who voted in the negative are:

Barfield               Barrett                Beck
Brown H.               Campsen                Cato
Chellis                Cooper                 Easterday
Edge                   Fleming                Gamble
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Koon                   Lanford                Law
Leach                  Littlejohn             Loftis
Martin                 Mason                  McCraw
Meacham                Quinn                  Rice
Riser                  Sandifer               Seithel
Sharpe                 Smith D.               Smith R.
Vaughn                 Webb                   Whatley
Wilkins                Witherspoon            Young-Brickell

Total--48

So, the motion to table was agreed to.

The question then recurred to the adoption of the amendment.

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

Yeas 63; Nays 40

Those who voted in the affirmative are:

Allen                  Bailey                 Bales
Battle                 Bauer                  Beck

Printed Page 1171 . . . . . Monday, March 15, 1999

Breeland               Brown J.               Carnell
Clyburn                Cobb-Hunter            Cotty
Dantzler               Davenport              Delleney
Emory                  Gamble                 Gilham
Gourdine               Harris                 Hayes
Howard                 Inabinett              Jennings
Klauber                Knotts                 Lee
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rodgers
Rutherford             Scott                  Seithel
Sheheen                Simrill                Smith J.
Stille                 Taylor                 Townsend
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Woodrum

Total--63

Those who voted in the negative are:

Allison                Barfield               Barrett
Brown H.               Campsen                Cato
Chellis                Cooper                 Easterday
Edge                   Fleming                Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Kelley
Kennedy                Kirsh                  Koon
Lanford                Law                    Leach
Littlejohn             Loftis                 Meacham
Quinn                  Rice                   Riser
Robinson               Sandifer               Smith D.
Smith R.               Tripp                  Vaughn
Walker                 Wilkins                Witherspoon
Young-Brickell

Total--40

So, the amendment was adopted.


Printed Page 1172 . . . . . Monday, March 15, 1999

Rep. RODGERS moved to reconsider the vote whereby Amendment No. 10 was adopted.

Rep. SIMRILL moved to table the motion to reconsider, which was rejected by a division vote of 23 to 72.

Rep. SHEHEEN moved to adjourn debate on the motion to reconsider, which was rejected.

The question then recurred to the motion to reconsider.

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

Yeas 55; Nays 54

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Brown H.
Campsen                Cato                   Chellis
Clyburn                Cooper                 Easterday
Edge                   Fleming                Gilham
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Kennedy
Kirsh                  Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Maddox
Martin                 Mason                  Meacham
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Sharpe                 Smith D.
Smith R.               Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--55


Printed Page 1173 . . . . . Monday, March 15, 1999

Those who voted in the negative are:
Allen                  Bailey                 Bales
Battle                 Breeland               Brown J.
Carnell                Cobb-Hunter            Cotty
Dantzler               Davenport              Delleney
Emory                  Gamble                 Gourdine
Govan                  Harris                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Klauber                Knotts
Lee                    Lloyd                  Lourie
Lucas                  Mack                   McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rutherford             Scott                  Seithel
Sheheen                Simrill                Smith J.
Stille                 Taylor                 Whatley
Whipper                Wilder                 Wilkes

Total--54

So, the motion to reconsider was agreed to.

Rep. ROBINSON moved to table the amendment.

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

Yeas 46; Nays 61

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Brown H.               Campsen                Cato
Chellis                Clyburn                Cooper
Easterday              Edge                   Fleming
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Kennedy
Kirsh                  Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Meacham

Printed Page 1174 . . . . . Monday, March 15, 1999

Quinn                  Rice                   Riser
Robinson               Sandifer               Seithel
Smith D.               Smith R.               Tripp
Trotter                Vaughn                 Walker
Webb                   Wilkins                Witherspoon
Young-Brickell

Total--46

Those who voted in the negative are:

Allen                  Bailey                 Bales
Battle                 Bauer                  Beck
Breeland               Brown J.               Carnell
Cobb-Hunter            Cotty                  Dantzler
Davenport              Delleney               Emory
Gamble                 Gilham                 Gourdine
Govan                  Harris                 Hayes
Hines J.               Howard                 Jennings
Klauber                Knotts                 Lee
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rodgers                Rutherford             Scott
Sheheen                Simrill                Smith J.
Stille                 Taylor                 Whatley
Whipper                Wilder                 Wilkes
Woodrum

Total--61

So, the House refused to table the amendment.

Rep. FLEMING moved to adjourn debate on the Section, which was agreed to by a division vote of 51 to 48.


Printed Page 1175 . . . . . Monday, March 15, 1999

RECORD FOR VOTING

I support increased funding for the libraries, however this particular amendment does not specify where the money would come from and in order to maintain a balanced budget I had to vote against this particular amendment. Had the amendment specified where the money was to come from, I may have voted for the increased funding.
Rep. RON FLEMING

SECTION 24

Section 24 was adopted.

SECTION 27 -- AMENDED AND DEBATE ADJOURNED

Rep. COOPER proposed the following Amendment No. 11 (Doc Name housedesk\h-wm\004\freealof.doc), which was tabled.
Amend the bill, as and if amended, Part IA, Section 27, DEPT. OF COMMERCE, page 224, line 19-20, by deleting /Regional Program Development/ and inserting /Freedom Weekend Aloft/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. COOPER explained the amendment.
Rep. KOON spoke against the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. COOPER spoke in favor of the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. KOON moved to table the amendment, which was agreed to by a division vote of 58 to 30.

Rep. VAUGHN proposed the following Amendment No. 16 (Doc Name housedesk\h-wm\004\spoleto.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 27, DEPT. OF COMMERCE, page 224, lines 19-20, by striking / Regional Program Development/ and inserting /Spoleto/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. VAUGHN explained the amendment.
Rep. HARRELL moved to table the amendment.


Printed Page 1176 . . . . . Monday, March 15, 1999

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

Yeas 19; Nays 74

Those who voted in the affirmative are:

Breeland               Brown H.               Campsen
Cotty                  Harrell                Harris
Hayes                  Inabinett              Jennings
Keegan                 Koon                   Limehouse
Mack                   McCraw                 Rodgers
Seithel                Sharpe                 Whatley
Wilkes

Total--19

Those who voted in the negative are:

Allen                  Allison                Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Brown J.
Cato                   Chellis                Clyburn
Cooper                 Dantzler               Davenport
Delleney               Edge                   Emory
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harrison
Haskins                Hawkins                Hines J.
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Law
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Martin                 Mason
McGee                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neilson                Ott
Parks                  Phillips               Rice
Riser                  Robinson               Sandifer
Scott                  Sheheen                Simrill
Smith J.               Smith R.               Stille
Taylor                 Townsend               Trotter
Vaughn                 Walker                 Webb


Printed Page 1177 . . . . . Monday, March 15, 1999

Whipper               Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--74

So, the House refused to table the amendment.
The amendment was then adopted.

Rep. VAUGHN proposed the following Amendment No. 22 (Doc Name \h-wm\004\spolcom.doc), which was tabled.
Amend the bill, as and if amended, Part IA, Section 27, DEPT. OF COMMERCE, page 224, line 19-20, opposite /Regional Program Development/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

300,000   300,000

(0)   (0)
Renumber section to conform.
Amend totals and title to conform.

Rep. VAUGHN explained the amendment.
Rep. KOON moved to table the amendment.

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

Yeas 58; Nays 43

Those who voted in the affirmative are:

Allen                  Bailey                 Bales
Barfield               Bauer                  Beck
Breeland               Brown H.               Brown J.
Campsen                Carnell                Chellis
Clyburn                Cotty                  Dantzler
Delleney               Edge                   Fleming
Gamble                 Gourdine               Govan
Harrell                Harris                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Knotts                 Koon
Law                    Limehouse              Lourie
Lucas                  Mack                   McCraw

Printed Page 1178 . . . . . Monday, March 15, 1999

McGee                  McLeod W.              Neal
Neilson                Ott                    Rhoad
Riser                  Rodgers                Rutherford
Seithel                Sharpe                 Smith J.
Smith R.               Whatley                Whipper
Wilder                 Wilkins                Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Allison                Barrett                Battle
Brown G.               Cato                   Cooper
Davenport              Easterday              Emory
Hamilton               Harrison               Haskins
Hawkins                Kirsh                  Klauber
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Martin
Mason                  McLeod M.              McMahand
Meacham                Moody-Lawrence         Parks
Rice                   Robinson               Sandifer
Sheheen                Simrill                Smith D.
Stille                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Wilkes
Witherspoon

Total--43

So, the amendment was tabled.

Rep. VAUGHN moved to adjourn debate on the Section, which was agreed to.

SECTION 32

Section 32 was adopted.

SECTION 36

Section 36 was adopted.


Printed Page 1179 . . . . . Monday, March 15, 1999

SECTION 37

Section 37 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 53

Section 53 was adopted.

SECTION 54D

Section 54D was adopted.

SECTION 56A

Section 56A was adopted.

SECTION 57

Section 57 was adopted.

SECTION 63B

Section 63B was adopted.

SECTION 63C

Section 63C was adopted.

SECTION 63D

Section 63D was adopted.

SECTION 63E

Section 63E was adopted.

SECTION 63F

Section 63F was adopted.


Printed Page 1180 . . . . . Monday, March 15, 1999

SECTION 65

Section 65 was adopted.

SECTION 69B

Section 69B was adopted.

PART IB

SECTION 5N

Section 5N was adopted.

SECTION 9 -- DEBATE ADJOURNED

Rep. WOODRUM proposed the following Amendment No. 34 (Doc Name housedesk\tdw\sickle cell.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 9, DHEC, page 426, paragraph, line 35, by striking /$ 1,375,000/ and inserting /$525,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. WOODRUM explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. QUINN moved to table the amendment, which was agreed to.

Rep. STILLE proposed the following Amendment No. 39 (Doc Name housedesk\h-wm\003\dhecsdwa.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section J04, Department of Health and Environmental Control, page 430, paragraph 19, line 25, by inserting:
/ Per Year /after /$60.00/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. STILLE explained the amendment.
Rep. QUINN spoke against the amendment.
Rep. STILLE moved to table the amendment, which was agreed to.
Rep. ROBINSON moved to adjourn debate on the Section, which was agreed to.


Printed Page 1181 . . . . . Monday, March 15, 1999

SECTION 14 -- DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 69 (Doc Name housedesk\h-wm\009\bvendhk2.doc):
Amend the bill, as and if amended, Part IB, Section 14, Commission for the Blind, page 441, paragraph 3, lines 23-29, by striking
/ 0             9,999         .5%
10,000           19,999         15%
20,000           29,999         17.5%
30,000           39,999         20%
40,000           49,999         25%
50,000           59,999         30%
60,000           Above         35%/
and inserting
/0             39,999           0 %
40,000           49,999           10%
50,000           59,999         12.5%
60,000           Above           15%/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. KIRSH moved to adjourn debate on the Section, which was agreed to.

SECTION 17 -- ADOPTED

Reps. RISER, KNOTTS, KOON, BAUER and GAMBLE proposed the following Amendment No. 95 (Doc Name bbm\9114std99.doc), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 17, State Library, by adding a new paragraph immediately after paragraph 5, which begins on line 19, page 443, to read:

/ 6.   Any county that receives monies for the operation of its library from state funds shall not charge a library fee or a fee for a library card to persons living outside the county. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. RISER explained the amendment.


Printed Page 1182 . . . . . Monday, March 15, 1999

POINT OF ORDER

Rep. QUINN raised a Point of Order that Amendment No. 95 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. RISER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

SECTION 17

Section 17 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 27 - DEBATE ADJOURNED

Rep. KOON explained the Section.
Rep. KOON moved to adjourn debate on the Section, which was adopted.

SECTION 30

Section 30 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 35 -- AMENDED AND DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 50 (Doc Name housedesk\h-wm\003\cipcrpi.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 35, Commission on Indigent Defense, page 455, paragraph 4, line 27, by striking /may/ and inserting /must/
Amend the bill further, as and if amended, Section 35, Commission on Indigent Defense, page 455, paragraph 4, line 30, by inserting:
/The Commission on Indigent Defense must make a report to the Senate Finance Committee and the House Ways and Means Committee of the Study. \
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.


Printed Page 1183 . . . . . Monday, March 15, 1999

The amendment was then adopted.
Rep. ROBINSON explained the Section.
Rep. ROBINSON moved to adjourn debate on the Section, which was agreed to.

SECTION 36 -- DEBATE ADJOURNED

Reps. HAWKINS, SIMRILL, LOFTIS, KLAUBER, STILLE, TAYLOR, RISER and WHATLEY proposed the following Amendment No. 32 (Doc Name KGH\AMEND\15451HTC99):
Amend the bill, as and if amended, in Part IB, Section 36.6, page 456, by striking beginning on line 24:
/ The department may enter into contracts to provide copies of photography, electronically stored information, stored photographs or digitized images. Such photographs, electronically stored information or digitized images are to be used for the prevention of fraud, and use is limited to the verification to identify the holders of credit cards, debit cards or other forms of financial or voter transactions. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. HAWKINS explained the amendment.
Rep. HAWKINS spoke in favor of the amendment.
Rep. ALTMAN spoke in favor of the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LITTLEJOHN a leave of absence for the remainder of the day.

Rep. YOUNG-BRICKELL spoke against the amendment.
Rep. FLEMING spoke in favor of the amendment.

POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that paragraph 6 of Amendment No. 32 was out of order in that it was not germane to the Bill under Rule 5.3B and should therefore be stricken from the Bill.
SPEAKER WILKINS stated that the first sentence of paragraph 6 authorized the collection of fees which in effect related to the collection of revenues.
Rep. SHEHEEN stated that the revenues were departmental revenues and are not general fund appropriations.


Printed Page 1184 . . . . . Monday, March 15, 1999

SPEAKER WILKINS stated that the amendment met the substantial effect test of Rule 5.3 and he therefore overruled the Point of Order.

Rep. YOUNG-BRICKELL moved to table the amendment.

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

Yeas 10; Nays 90

Those who voted in the affirmative are:

Brown H.               Chellis                Keegan
Kennedy                Rhoad                  Robinson
Seithel                Whipper                Woodrum
Young-Brickell

Total--10

Those who voted in the negative are:

Allison                Altman                 Bailey
Bales                  Barfield               Barrett
Battle                 Bauer                  Beck
Breeland               Brown G.               Campsen
Cato                   Clyburn                Cooper
Cotty                  Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harris                 Haskins                Hawkins
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Jennings
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neilson                Ott
Parks                  Phillips               Quinn
Rice                   Riser                  Rodgers

Printed Page 1185 . . . . . Monday, March 15, 1999

Rutherford             Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith D.               Smith J.               Smith R.
Stille                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins

Total--90

So, the House refused to table the amendment.

Rep. SEITHEL spoke against the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. KENNEDY spoke against the amendment.
Rep. HARRISON moved to adjourn debate on the Section.
Rep. ALTMAN moved to table the motion.

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

Yeas 23; Nays 81

Those who voted in the affirmative are:

Altman                 Beck                   Campsen
Cobb-Hunter            Davenport              Delleney
Easterday              Gilham                 Hamilton
Haskins                Hawkins                Kirsh
Lee                    Limehouse              Loftis
Lourie                 Mason                  McGee
McLeod M.              Rice                   Rodgers
Simrill                Tripp

Total--23

Those who voted in the negative are:

Allison                Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Brown G.               Brown H.
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Edge                   Emory                  Fleming

Printed Page 1186 . . . . . Monday, March 15, 1999

Gamble                 Gourdine               Govan
Harrell                Harris                 Harrison
Harvin                 Hayes                  Hines J.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Klauber                Knotts
Koon                   Law                    Leach
Lloyd                  Lucas                  Mack
Maddox                 Martin                 McCraw
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Quinn                  Rhoad                  Riser
Robinson               Rutherford             Sandifer
Scott                  Seithel                Sharpe
Sheheen                Smith D.               Smith J.
Smith R.               Stille                 Taylor
Townsend               Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Witherspoon            Woodrum                Young-Brickell

Total--81

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate on the Section, which was agreed to.

SECTION 37 -- AMENDED AND DEBATE ADJOURNED

Rep. LEE proposed the following Amendment No. 45 (Doc Name housedesk\bgl\park.doc), which was adopted.
Amend the bill, as and if amended, Section 37, Corrections, of Part 1B, page 459, paragraph 11, line 4, by inserting:
/or Park and Recreation Department/ after / district //
Renumber sections to conform.
Amend totals and title to conform.

Rep. LEE explained the amendment.
The amendment was then adopted.


Printed Page 1187 . . . . . Monday, March 15, 1999

Rep. ROBINSON moved to adjourn debate on the Section, which was agreed to.

SECTION 38

Section 38 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 54 -- AMENDED AND DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 133 (Doc Name housedesk\h-wm\010\renov1.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 474, paragraph 43, line 13-19, by striking:/State House Renovation Schedule/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KNOTTS moved to adjourn debate on the Section, which was agreed to.

SECTION 51 -- AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 65 (Doc Name housedesk\h-wm\005\518retarget.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 51, Employment Security Commission, page 466, paragraph 8, lines 31-36, by striking:/Paragraph in its Entirety//
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.

Section 51 as amended was adopted.


Printed Page 1188 . . . . . Monday, March 15, 1999

SECTION 53

Section 53 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63E

Section 63E was adopted.

SECTION 64 -- ADOPTED

Rep. KIRSH proposed the following Amendment No. 61 (Doc Name housedesk\h-wm\010\poker1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 64, Revenue, Department of, page 495, paragraph 3, line 9, by striking /$250,000/ and inserting /$500,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. KELLEY moved to table the amendment.

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

The amendment was then tabled by a division vote of 49 to 21.

SECTION 69B

Section 69B was adopted.

SECTION 72 -- AMENDED AND DEBATE ADJOURNED

Rep. STILLE proposed the following Amendment No. 41 (Doc Name housedesk\h-wm\003\cccafp.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, page 508, paragraph 31, line 9, by inserting:
/Coastal Carolina University/After/ University of Charleston
Renumber sections to conform.
Amend totals and title to conform.

Rep. STILLE explained the amendment.
The amendment was then adopted.


Printed Page 1189 . . . . . Monday, March 15, 1999

SPEAKER PRO TEMPORE IN CHAIR

Rep. KIRSH proposed the following Amendment No. 49 (Doc Name housedesk\h-wm\010\ethics2.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 516, paragraph 60, line 23-26, by reinserting:
/All state agencies or other entities existing by state law that receive an annual appropriation are required to file a report with the State Ethics Commission listing all contracts for public relations, communications, and legislative strategy services. This report shall include the terms, conditions, and amounts expended for these purposes and shall be submitted by June 30, 2000./
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. KELLEY spoke against the amendment.

SPEAKER IN CHAIR

Rep. KELLEY continued speaking.

Rep. KELLEY moved to table the amendment, which was rejected by a division vote of 35 to 53.

The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 60 (Doc Name housedesk\h-wm\003\jvwpssc.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, page 518, paragraph 67, line 2, by inserting at the end of the line:
/This committee shall dissolve when the report is finished./
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.


Printed Page 1190 . . . . . Monday, March 15, 1999

Rep. YOUNG-BRICKELL proposed the following Amendment No. 9 (Doc Name housedesk\h-wm\005\dnadatabase.doc):
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 518, paragraph 69, line 5, after Department of Corrections by inserting:
/, the Department of Probation, Parole and Pardon and Department of Juvenile Justice/
Renumber sections to conform.
Amend totals and title to conform.

Rep. YOUNG-BRICKELL explained the amendment.

Rep. YOUNG-BRICKELL moved to adjourn debate on the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 71 (Doc Name housedesk\h-wm\011\sclbldgfund.doc):
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 520, paragraph 83, line 32, by striking /$20,000,000/ and inserting /$119,000,000/
Renumber sections to conform.
Amend totals and title to conform.

POINT OF ORDER

Rep. EASTERDAY raised a Point of Order that Section 83 was out of order in that it was in violation of Code Section 11-11-140, which prohibits "wish list" spending.
Rep. HARRELL stated that Code Section 11-11-140 referred to general fund revenues, but Section 83 referred to a fund separate from the General Fund.
SPEAKER WILKINS stated that the amendment was not in violation of Code Section 11-11-140 because it did not pertain to General Fund Revenue. He therefore overruled the Point of Order.

POINT OF ORDER

Rep. EASTERDAY raised a Point of Order that Part IB Section 72.83 was out of order in that it was not in compliance with Rule 5.3A in that the Bill shall have attached a certificate from the Budget Division of the State Budget and Control Board stating that the total of the appropriations therein provided is not in excess of the estimated total revenue of the State for such purposes.


Printed Page 1191 . . . . . Monday, March 15, 1999

Rep. SHEHEEN stated that in accordance with Rule 5.3A, the certificate has to be attached for the total expenditures in the Bill, not just the general fund expenditures and therefore the Bill should be returned to the Ways and Means Committee.
SPEAKER WILKINS stated that the requirement of an attached certificate from the Budget Division of the State Budget and Control Board under the Rule 5.3A had been fulfilled and that the accuracy of the certificate was not an issue under Rule 5.3B and he therefore overruled the Point of Order.

Rep. KIRSH explained the amendment.

POINT OF ORDER

Rep. FLEMING raised a Point of Order that under Rule 5.3B, Amendment No. 71 was out of order in that it had the effect of appropriating funds in excess of ten million dollars during the fiscal year and should include within the amendment the corresponding appropriation reduction and/or revenue increase within the same section.
Rep. KIRSH stated that according to the proposed amendment, any revenue above 50 million derived from regulations, license fees or taxation would be the source of money coming in and that the amendment would not cause a reduction in funding from any other source within the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. KIRSH moved to adjourn debate on the amendment, which was agreed to.

Rep. STILLE proposed the following Amendment No. 40 (Doc Name housedesk\h-wm\003\scodef.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72-X90, page 522, paragraph 83, line 30, by striking /6,000,000/ and inserting /3,273,000/
Amend the bill further, as and if amended, Section 72-X90, page 522, paragraph 83, line after line 31, by inserting:
A new item /Midlands Tec-Technology Center 5,000,000/
Amend the bill further, as and if amended, Section 72-X90, page 522, paragraph 83, line 32, by striking /5,000,000/ and inserting /2,727,000/
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 1192 . . . . . Monday, March 15, 1999

Rep. STILLE explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment.

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

Yeas 76; Nays 22

Those who voted in the affirmative are:

Allen                  Allison                Altman
Bailey                 Barfield               Barrett
Battle                 Bauer                  Beck
Brown G.               Brown H.               Brown J.
Campsen                Cato                   Chellis
Clyburn                Cooper                 Dantzler
Easterday              Edge                   Emory
Fleming                Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hinson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Klauber
Law                    Leach                  Lee
Limehouse              Lourie                 Lucas
Maddox                 McCraw                 McGee
McLeod M.              McMahand               Neal
Neilson                Ott                    Phillips
Quinn                  Rhoad                  Riser
Robinson               Rutherford             Sandifer
Seithel                Sheheen                Smith D.
Smith J.               Smith R.               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--76

Those who voted in the negative are:

Bales                  Cotty                  Davenport

Printed Page 1193 . . . . . Monday, March 15, 1999

Delleney               Kirsh                  Knotts
Koon                   Lloyd                  Martin
Mason                  McLeod W.              Meacham
Miller                 Parks                  Pinckney
Rice                   Rodgers                Simrill
Stille                 Taylor                 Townsend
Wilder

Total--22

So, the amendment was tabled.

H. 3696-GENERAL APPROPRIATION BILL
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 Part, Section and/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:
Part IB, Section 72, Amendment No. 40.

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). I am an employee of USC.

Rep. MARGARET GAMBLE

Reps. LUCAS, NEILSON & J. HINES proposed the following Amendment No. 3, which was tabled.
Amend the bill, as and if amended, Part IB, Section 72-X90, General and Temporary, page 523, paragraph 83, line 16, by inserting, which was tabled.
/( )Governor's School for Science and Math-New Campus $6,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. LUCAS explained the amendment.
Rep. HARRELL spoke against the amendment.


Printed Page 1194 . . . . . Monday, March 15, 1999

Rep. HARRELL moved to table the amendment, which was agreed to by a division vote of 49 to 26.

Reps. LOURIE, SCOTT, HARRISON, BALES, J. BROWN, NEAL, COTTY, QUINN, RUTHERFORD and J. SMITH proposed the following Amendment No. 36 (Doc Name \h-wm\007\midlands.doc):
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered paragraph to read:
/(nn) Midlands Tech - Information Technology Center 5,280,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. LOURIE explained the amendment.
Rep. KEEGAN spoke against the amendment.

Rep. QUINN moved to adjourn debate on the amendment, which was agreed to.

Rep. HAYES proposed the following Amendment No. 90 (Doc Name housedesk\h-wm\007\dillon.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, after line 15, by inserting:
/Dillon County Public Library 1,000,000./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HAYES explained the amendment.
Rep. KEEGAN moved to table the amendment.

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

Yeas 56; Nays 39

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Brown H.               Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Fleming                Gilham

Printed Page 1195 . . . . . Monday, March 15, 1999

Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Loftis                 Mason
McCraw                 Meacham                Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Simrill                Smith D.               Smith R.
Tripp                  Vaughn                 Walker
Webb                   Whatley                Wilkins
Witherspoon            Young-Brickell

Total--56

Those who voted in the negative are:

Allen                  Bailey                 Bales
Battle                 Breeland               Brown G.
Brown J.               Cobb-Hunter            Davenport
Emory                  Gamble                 Gourdine
Govan                  Harris                 Hayes
Hines J.               Inabinett              Jennings
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 McGee
McLeod M.              McLeod W.              McMahand
Miller                 Neal                   Ott
Parks                  Phillips               Pinckney
Rutherford             Scott                  Sheheen
Smith J.               Taylor                 Wilder

Total--39

So, the amendment was tabled.

Reps. QUINN, HASKINS, TRIPP, MADDOX and HARRISON proposed the following Amendment No. 134 (Doc Name:\h-wm\004\dnrlease.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, after line 18, by adding an appropriately numbered paragraph to read:


Printed Page 1196 . . . . . Monday, March 15, 1999

/72. Prior to August 1, 1999, the Budget and Control Board shall conduct a public auction in which the high bidder shall be awarded a lease with the State of South Carolina for the exclusive hunting rights to the area generally known as the Santee Coastal Reserve. The funds from the lease of the property must be transferred to the Department of Natural Resources to be used for the sole purpose of managing the property as outlined in the lease. These funds may not be transferred or used for any other purpose. The terms of the lease shall be identical in all respects to the lease agreements existing between the Collins Creek Gun Club and/or the Santee Gun Club and the State of South Carolina or any of its agencies or departments, as of March 1, 1999. The term of the lease shall commence not later than September 1, 1999. Notwithstanding the foregoing, the lease shall provide that the public will have the exclusive right to hunt waterfowl on the mainland area of the Santee Coastal Reserve knows as "The Cape," consisting of approximately 3,000 acres of marshland impoundments. The minimum bid (or reserve) shall be $150,000. The duration of the lease shall be two (2) years, with an option on the part of the successful bidder to renew the lease for twenty (20) years. However, the lease and/or lease option may be canceled by the State on one year's notice in the event the Department of Natural Resources determines, to the satisfaction of the Budget and Control Board, that it can operate the entirety of the Santee Coastal Reserve for public hunting, out of its budget, without reducing its funding of other public hunting programs or increasing fees. If the income derived from the successful bid exceeds the amount necessary to operate the public hunting program on "The Cape," the excess shall be spent for the creation and improvement of other public waterfowling areas in South Carolina.
Renumber sections to conform.
Amend totals and title to conform.

Rep. QUINN explained the amendment.

POINT OF ORDER

Rep. ALTMAN raised a Point of Order that Amendment No. 134 was out of order in that it was not germane to the Bill.
Rep. QUINN argued contra.
SPEAKER WILKINS stated that the amendment met the substantial effect test of Rule 5.3 and he therefore overruled the Point of Order.

Rep. QUINN continued speaking.


Printed Page 1197 . . . . . Monday, March 15, 1999

Rep. QUINN spoke in favor of the amendment.
Rep. SHEHEEN moved to table the amendment.

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

Yeas 53; Nays 46

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Bauer                  Beck                   Breeland
Brown G.               Campsen                Cobb-Hunter
Cotty                  Dantzler               Delleney
Emory                  Fleming                Gamble
Gourdine               Govan                  Harvin
Hines J.               Howard                 Inabinett
Keegan                 Kelley                 Kennedy
Kirsh                  Koon                   Law
Lee                    Limehouse              Lloyd
Lourie                 Mason                  McCraw
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Phillips
Rhoad                  Riser                  Rutherford
Sandifer               Scott                  Sheheen
Simrill                Webb                   Whipper
Wilder                 Witherspoon

Total--53

Those who voted in the negative are:

Allison                Barfield               Barrett
Battle                 Cato                   Chellis
Cooper                 Davenport              Easterday
Edge                   Gilham                 Hamilton
Harrell                Harris                 Harrison
Haskins                Hawkins                Hayes
Hinson                 Jennings               Klauber
Knotts                 Leach                  Loftis
Lucas                  Maddox                 McGee
Meacham                Parks                  Quinn
Rice                   Robinson               Rodgers

Printed Page 1198 . . . . . Monday, March 15, 1999

Seithel                Smith D.               Smith J.
Smith R.               Taylor                 Tripp
Trotter                Vaughn                 Walker
Whatley                Wilkins                Woodrum
Young-Brickell

Total--46

So, the amendment was tabled.

Rep. HAMILTON proposed the following Amendment No. 147 (Doc Name housedesk\h-wm\008\paris.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, line 15, by striking /Charleston County Courthouse/State House Renov./ and inserting / Paris Mountain State Park Educational Building and Access Road/
Renumber items to conform.
Amend totals and title to conform.

Rep. HAMILTON explained the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. LIMEHOUSE moved to table the amendment.

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

The amendment was then tabled by a division vote of 58 to 26.

Rep. EASTERDAY proposed the following Amendment No. 148 (Doc Name housedesk\h-wm\009\easter1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GP: Coin Operated Devices, page 523, paragraph 83, line 15, by striking /(MM) Charleston County Courthouse /State House Renov. 1,000,000/ and increasing line 35 on page 520 / (d) bus purchases 1,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY explained the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.
Rep. LIMEHOUSE spoke against the amendment.


Printed Page 1199 . . . . . Monday, March 15, 1999

Rep. KEEGAN moved to table the amendment.

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

Yeas 68; Nays 28

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Breeland
Brown G.               Brown H.               Campsen
Chellis                Clyburn                Cobb-Hunter
Dantzler               Davenport              Edge
Emory                  Fleming                Gamble
Gourdine               Govan                  Harrell
Harris                 Harrison               Harvin
Hawkins                Hayes                  Hines J.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Koon                   Law
Lee                    Limehouse              Lloyd
Lourie                 Mack                   McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Quinn
Rhoad                  Riser                  Rutherford
Scott                  Seithel                Smith R.
Webb                   Whatley                Whipper
Woodrum                Young-Brickell

Total--68

Those who voted in the negative are:

Allison                Cato                   Cooper
Cotty                  Delleney               Easterday
Hamilton               Haskins                Kirsh
Klauber                Loftis                 Lucas
Mason                  Meacham                Rice
Robinson               Sheheen                Simrill
Smith D.               Smith J.               Taylor

Printed Page 1200 . . . . . Monday, March 15, 1999

Tripp                  Trotter                Vaughn
Walker                 Wilder                 Wilkins
Witherspoon

Total--28

So, the amendment was tabled.

Rep. KEEGAN moved to adjourn debate on the Section, which was agreed to.

Rep. RHOAD moved that the House do now adjourn, which was agreed to.

MOTION NOTED

Rep. HASKINS moved to reconsider the vote whereby Section 9 to Part IA was adopted and the motion was noted.

MOTION NOTED

Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 2, 4, 5C, 5D, 5E, 5F, 5G, 5H, 5KA, 5KB, 5KC, 5KD, 5KE, 5KF, 5KG, 5KH, 5L, 5MA, 5MB, 5MDC, 4N, 6, 7, 9, 10, 12, 15, 18, 19, 20, 21, 22, 23, 24, 25, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54C, 54D, 54E, 54F, 56A, 56D, 57, 58, 60, 61, 62, 63B, 63C, 63D, 63E, 63F, 63H, 64, 65, 66, 69B and Part IB, Sections 2, 4, 5K, 5M, 5N, 7, 8, 10, 12, 15, 17, 19, 20, 21, 22, 23, 25, 30, 33, 38, 39, 40, 41, 42, 47, 48, 49, 50, 51, 53, 55, 58, 59, 60, 61, 62, 63D, 63E, 63F, 63H, 64, and 69B were adopted and the motion was noted.

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

ADJOURNMENT

At 7:35 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned in memory of Mary Astor Fleming Kitchens of Spartanburg, to meet at 9:30 A.M. tomorrow.

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