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


Printed Page 1328 . . . . . Thursday, March 18, 1999

Thursday, March 18, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

O Lord God, near to all who seek You and the Support to all who follow You, give us the assurance of Your presence lest we be awed by difficulties and frightened by problems. Hold us by Your mighty right hand that we may be sufficient for every circumstance and condition. Amid all the voices that cry out, give us the willingness to hear Your voice to give us guidance. Deal charitably with our frailties and our littleness of faith. May Your truth be our shield, Your presence our strength. We pray in praise and thanksgiving. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. SIMRILL moved that when the House adjourns, it adjourn in memory of Mitch Sizemore of Rock Hill, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3751 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Pinckney: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-138, SO AS TO ESTABLISH A NO WAKE ZONE ON A PORTION OF LUCY POINT CREEK IN BEAUFORT COUNTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs


Printed Page 1329 . . . . . Thursday, March 18, 1999

S. 7 (Word version) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT"; TO RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 454 (Word version) -- Senator Land: A BILL TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 528 (Word version) -- Senators Gregory, Waldrep, Ravenel and Hutto: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT THE "SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-112, AS AMENDED, RELATING TO USE OF A VESSEL OR WATER


Printed Page 1330 . . . . . Thursday, March 18, 1999

DEVICE, SO AS TO PROVIDE FOR THE OFFENSE OF CAUSING INJURY OR DEATH WHILE OPERATING A VESSEL OR USING A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-113 SO AS TO PROVIDE FOR THE OFFENSE OF RECKLESS OPERATION OF A VESSEL OR WATER DEVICE, AND TO PROVIDES PENALTIES; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATION OF A VESSEL OR MANIPULATION OF A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON ARRESTED FOR OPERATING A VESSEL OR MANIPULATING A WATER DEVICE IN THE WATERS OF THIS STATE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IS CONSIDERED TO HAVE GIVEN HIS CONSENT TO ONE OR A COMBINATION OF CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR THE REFUSAL TO TAKE THE CHEMICAL TESTS REQUIRED BY THE ARRESTING OFFICER; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO INCREASE THE PERMISSIBLE TERM OF IMPRISONMENT FROM FIVE YEARS TO TEN YEARS; BY ADDING SECTION 50-21-116 SO AS TO PROVIDE THAT A PERSON MUST SUBMIT TO ONE OR A COMBINATION OF TESTS WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON WHO VIOLATED OR IS UNDER ARREST FOR OPERATING A WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS; BY ADDING SECTION 50-21-117 SO AS TO PROVIDE FOR THE OFFENSES OF OPERATING A VESSEL UNDER SUSPENSION AND USING A WATER DEVICE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-120, AS AMENDED, RELATING TO THE DUTY OF A BOAT LIVERY, SO AS TO PROVIDE THAT THE OWNER OF A BOAT LIVERY, HIS AGENT, AND EMPLOYEES, MUST NOT PERMIT A VESSEL TO DEPART FROM HIS PREMISES UNLESS IT IS IN SOUND AND SAFE OPERATING CONDITION, HAVE A VALID REGISTRATION, BE PROPERLY NUMBERED AND TITLED IN THIS STATE; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO THE DUTIES OF VESSEL OPERATORS

Printed Page 1331 . . . . . Thursday, March 18, 1999

INVOLVED IN A COLLISION, ACCIDENT, OR OTHER CASUALTY, SO AS TO PROVIDE FOR THE OFFENSE OF FAILURE TO STOP WHEN INJURY, GREAT BODILY INJURY, OR DEATH RESULTS FROM A COLLISION, ACCIDENT, OR OTHER CASUALTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 21,TITLE 50, SO AS TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE CHAPTER WHERE PENALTIES ARE NOT SPECIFIED; TO AMEND SECTION 50-21-320, AS AMENDED, RELATING TO VESSELS THAT NEED NOT BE NUMBERED, SO AS TO PROVIDE THAT, WHEN CERTAIN VESSELS COVERED BY A CERTIFICATE OR NUMBER IN EFFECT THAT IS ISSUED PURSUANT TO FEDERAL LAW OR A FEDERAL NUMBERING SYSTEM, NEED NOT BE NUMBERED IN THIS STATE; TO AMEND SECTION 50-21-340, AS AMENDED, RELATING TO APPLICATIONS FOR NUMBER AND CERTIFICATE FOR MOTORBOATS, SO AS TO INCREASE THE APPLICATION FEE; TO AMEND SECTION 50-21-370, AS AMENDED, RELATING TO TEMPORARY CERTIFICATE OF NUMBER FOR RECENTLY PURCHASED WATERCRAFT, SO AS TO PROVIDE THAT, WHEN USING A RECENTLY PURCHASED WATERCRAFT UNDER AUTHORITY OF A TEMPORARY CERTIFICATE OF NUMBER, THE OPERATOR SHALL CARRY A COPY OF THE BILL OF SALE AND THE TEMPORARY CERTIFICATE OF NUMBER ON BOARD AS PROOF OF OWNERSHIP; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION, NEGLIGENT OPERATION, AND PROHIBITED ACTS, SO AS TO PROVIDE THAT OPERATION OF ANY VESSEL WITHIN A PROHIBITED AREA IS NEGLIGENT OPERATION; TO AMEND SECTION 50-21-870, AS AMENDED, RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 50-23-15, RELATING TO PERMITTED MARINE DEALERS, SO AS TO PROVIDE FOR INSPECTION OF PREMISES, BOOKS, AND RECORDS, AND TO PROVIDE PENALTIES FOR FAILURE TO ALLOW INSPECTIONS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATES OF TITLE, SO AS TO INCREASE THE APPLICATION FEES AND PROVIDE FOR AN EXEMPTION FOR WATERCRAFT PROPELLED BY HAND WITH OAR, PADDLE, OR SIMILAR

Printed Page 1332 . . . . . Thursday, March 18, 1999

DEVICE; TO AMEND SECTION 50-23-80, AS AMENDED, RELATING TO PUBLIC RECORDS PERTAINING TO THE TITLED OWNER'S PERSONAL INFORMATION AND THE MANUFACTURER'S HULL AND IDENTIFICATION OR SERIAL NUMBER FROM PUBLIC DISCLOSURE; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO UNLAWFUL ACTS IN CONNECTION WITH WATERCRAFT, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A WATERCRAFT WITHOUT DISPLAYING THE ISSUED DECAL; TO AMEND SECTION 50-23-210, AS AMENDED, RELATING TO CERTIFICATES OF TITLE TO WATERCRAFT, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY REVOKE A CERTIFICATE OF TITLE UPON NOTICE AND THE OPPORTUNITY FOR A HEARING, AND THAT THE DEPARTMENT MAY SEIZE REVOKED CERTIFICATES THAT ARE NOT RETURNED TO THE DEPARTMENT; BY ADDING SECTION 50-23-215 SO AS TO PROVIDE THAT THE OWNER OF A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE MUST FURNISH THE DEPARTMENT OF NATURAL RESOURCES WRITTEN NOTICE OF THE TRANSFER OF HIS INTEREST IN A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE WITHIN FIFTEEN DAYS OF THE DATE OF THE TRANSFER; TO AMEND SECTION 50-23-220, RELATING TO DEPOSIT AND USE OF FUNDS, SO AS TO PROVIDE THAT UP TO ONE-HALF OF THE FEES COLLECTED UNDER THIS CHAPTER MAY BE USED FOR ENFORCEMENT OF BOATING LAWS; TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 23, TITLE 50, SO AS TO INCREASE THE PENALTIES FOR CERTAIN OFFENSES; TO AMEND TITLE 50 OF THE 1976 CODE BY NAMING CHAPTER 23, TITLE 50, "WATERCRAFT AND OUTBOARD MOTORS", TO DESIGNATE SECTIONS 50-23-10 THROUGH 50-23-290 AS ARTICLE 1, CHAPTER 23, TITLE 50 NAMED "TITLING", TO REDESIGNATE ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50 NAMED "NUMBERING", AND TO DIRECT THE CODE COMMISSIONER TO RENUMBER THE CODE SECTIONS OF THE EXISTING ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50; AND TO REPEAL

Printed Page 1333 . . . . . Thursday, March 18, 1999

SECTIONS 50-21-390, 50-21-410, 50-23-10, 50-23-24, AND 50-23-50 OF THE 1976 CODE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

S. 598 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF


Printed Page 1334 . . . . . Thursday, March 18, 1999

TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE APPEALS OR REVIEWS MUST BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF

Printed Page 1335 . . . . . Thursday, March 18, 1999

ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, AS AMENDED, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN

Printed Page 1336 . . . . . Thursday, March 18, 1999

REGARD THERETO; TO REPEAL SECTIONS 14-8-540, RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150, RELATING TO COSTS ON APPEAL TO THE SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.
Referred to Committee on Judiciary

HOUSE RESOLUTION

The following was introduced:

H. 3752 (Word version) -- Reps. Harvin and Askins: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FAMILY OF CHARLIE DORN SMITH, WHO DIED ON FEBRUARY 10, 1999.
The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 3753 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE EDWARD R. FRYE, JR., ADMINISTRATOR OF CLARENDON MEMORIAL HOSPITAL IN MANNING, ON HIS RECEIPT OF THE PRESTIGIOUS COMMUNITY SERVICE AWARD OF THE SOUTH CAROLINA HEALTH ALLIANCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

HOUSE RESOLUTION

The following was introduced:

H. 3754 (Word version) -- Reps. Clyburn, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis,


Printed Page 1337 . . . . . Thursday, March 18, 1999

Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION CONGRATULATING DR. NATHANIEL IRVIN, SR., OF AIKEN COUNTY ON THE HAPPY OCCASION OF HIS SEVENTIETH BIRTHDAY (SATURDAY, MARCH 20, 1999), AND COMMENDING AND THANKING HIM FOR HIS DEDICATED SERVICE FOR MANY YEARS TO THE CITIZENS OF HIS COMMUNITY.
The Resolution was adopted.

ROLL CALL

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

Allison                Altman                 Askins
Bales                  Barfield               Barrett
Battle                 Bauer                  Bowers
Breeland               Brown H.               Campsen
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Dantzler
Davenport              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Hayes
Hines J.               Hinson                 Inabinett
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Leach
Lee                    Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Maddox                 Mason
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Meacham
Moody-Lawrence         Ott                    Parks
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Sheheen

Printed Page 1338 . . . . . Thursday, March 18, 1999

Simrill                Smith D.               Smith F.
Smith J.               Smith R.               Taylor
Tripp                  Trotter                Walker
Webb                   Whatley                Whipper
Wilder                 Wilkins                Witherspoon
Woodrum

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, March 18.

Donald Allen                      George Bailey
Scott Beck                        Ralph Canty
Marion Carnell                    Bill Cotty
Michael Easterday                 Grady Brown
Anthony Harris                    Alex Harvin
Terry Haskins                     John Hawkins
Leon Howard                       Joe Brown
Mack Hines                        Douglas Jennings
Kenneth Kennedy                   James Klauber
Steve Lanford                     James Law
H.B. "Chip" Limehouse             Becky Martin
Vida Miller                       Joseph Neal
Denny Neilson                     Olin Phillips
Clementa Pinckney                 Todd Rutherford
Lynn Seithel                      Charles Sharpe
Harry Stille                      Elsie Stuart
Theodore Brown                    Ronald Townsend
Lewis Vaughn                      Timothy Wilkes
Annette Young-Brickell            Greg Delleney

Total Present--120

DOCTOR OF THE DAY

Announcement was made that Dr. Donald Johnson of Mt. Pleasant is the Doctor of the Day for the General Assembly.

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,


Printed Page 1339 . . . . . Thursday, March 18, 1999

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 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. 3235 (Word version)
Date:     ADD:
03/18/99   GILHAM

CO-SPONSOR ADDED

Bill Number:   H. 3673 (Word version)
Date:     ADD:
03/18/99   NEILSON

CO-SPONSOR ADDED

Bill Number:   H. 3673 (Word version)
Date:     ADD:
03/18/99   HAWKINS

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   J. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   BATTLE


Printed Page 1340 . . . . . Thursday, March 18, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   BALES

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   LIMEHOUSE

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   MCLEOD

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   MCCRAW

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   PHILLIPS

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   WILDER

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   HARVIN


Printed Page 1341 . . . . . Thursday, March 18, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   SHARPE

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   MCGEE

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   JENNINGS

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   ALLEN

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   BARFIELD

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   TROTTER

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   WITHERSPOON


Printed Page 1342 . . . . . Thursday, March 18, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   T. BROWN

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   HARRIS

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   BECK

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   FLEMING

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   BAUER

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   BOWERS

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/18/99   RHOAD

CO-SPONSOR ADDED

Bill Number:   H. 3673 (Word version)
Date:     ADD:
03/18/99   J. HINES


Printed Page 1343 . . . . . Thursday, March 18, 1999

H. 3696 - AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of amendments to Section 72, Part IB:

H. 3696 -- GENERAL APPROPRIATION BILL

PART IB

SECTION 72 -- AMENDED AND INTERRUPTED DEBATE

Reps. BOWERS, LLOYD, BAILEY, INABINET, RHOAD and PINCKNEY proposed the following Amendment No. 253 (Doc Name housedesk\wkb\transferche-mcallister.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72-x90, CHE-McAllister, page 523, paragraph 83, line 6, by striking 1,700,000 /CHE-McAllister Square Renovation/ and inserting /1,560,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. BOWERS explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.

Reps. QUINN, HASKINS, TRIPP, MADDOX AND HARRISON proposed the following Amendment No. 293 (Doc Name housedesk\h-wm\004\dnrlease2.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:
/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


Printed Page 1344 . . . . . Thursday, March 18, 1999

will have the exclusive right to hunt waterfowl on the mainland area of the Santee Coastal Reserve known as "The Cape," consisting of approximately 3,000 acres of marshland impoundments. The minimum bid (or reserve) shall be $150,000 per year, however the yearly fee must be adjusted annually by the CPI for inflation. 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 at any time during the lease or lease option 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.

LEAVE OF ABSENCE

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

Rep. CAMPSEN spoke against the amendment.
Rep. KNOTTS spoke against the amendment.
Rep. TRIPP spoke against the amendment.
Rep. SHARPE moved to table the amendment.

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

Yeas 70; Nays 28

Those who voted in the affirmative are:

Allen                  Altman                 Askins
Bailey                 Bales                  Barrett
Battle                 Bauer                  Bowers
Brown H.               Campsen                Chellis
Cobb-Hunter            Dantzler               Delleney

Printed Page 1345 . . . . . Thursday, March 18, 1999

Emory                  Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harvin                 Hawkins                Hines J.
Hinson                 Howard                 Inabinett
Keegan                 Kirsh                  Knotts
Koon                   Lanford                Lee
Littlejohn             Lloyd                  Loftis
Lourie                 McCraw                 McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Ott
Parks                  Phillips               Pinckney
Rhoad                  Riser                  Rodgers
Rutherford             Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith F.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Webb                   Whatley
Whipper                Wilder                 Witherspoon
Woodrum

Total--70

Those who voted in the negative are:

Breeland               Brown J.               Davenport
Easterday              Edge                   Fleming
Harrell                Harris                 Harrison
Haskins                Jennings               Klauber
Leach                  Lucas                  Mack
Maddox                 Mason                  McGee
Neal                   Quinn                  Rice
Robinson               Tripp                  Trotter
Vaughn                 Walker                 Wilkes
Wilkins

Total--28

So, the amendment was tabled.


Printed Page 1346 . . . . . Thursday, March 18, 1999

Reps. GOVAN, LLOYD and HOWARD proposed the following Amendment No. 301 (Doc Name housedesk\h-wm\007\scstdef.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered item to read:
/SC State Deferred Maintenance 15,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. GOVAN explained the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. OTT spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. MACK spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment.

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

Yeas 58; Nays 46

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Gamble
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hinson
Keegan                 Kelley                 Kirsh
Koon                   Lanford                Law
Leach                  Littlejohn             Loftis
Lourie                 Lucas                  Martin
Mason                  McGee                  Meacham
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Simrill
Smith D.               Smith R.               Taylor

Printed Page 1347 . . . . . Thursday, March 18, 1999

Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown T.
Canty                  Clyburn                Cobb-Hunter
Davenport              Delleney               Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Howard                 Inabinett              Jennings
Kennedy                Lee                    Lloyd
Mack                   Maddox                 McLeod M.
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Pinckney
Rutherford             Sheheen                Smith F.
Stille                 Stuart                 Whipper
Wilkes

Total--46

So, the amendment was tabled.

Reps. GOVAN, LLOYD and HOWARD proposed the following Amendment No. 302 (Doc Name housedesk\h-wm\007\scstdef.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered item to read:
/SC State Deferred Maintenance   10,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. GOVAN explained the amendment.
Rep. INABINETT spoke in favor of the amendment.


Printed Page 1348 . . . . . Thursday, March 18, 1999

Rep. KEEGAN moved to table the amendment.
Rep. HOWARD demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 39 to 19.

Rep. GOVAN proposed the following Amendment No. 303 (Doc Name housedesk\h-wm\007\scstdef7P5.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered item to read:
/SC State Deferred Maintenance 7,500,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KEEGAN moved to table the amendment.

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

Yeas 56; Nays 49

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Bauer                  Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Fleming
Gamble                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Littlejohn             Loftis
Lucas                  Martin                 Mason
Meacham                Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith D.               Smith R.               Taylor
Tripp                  Trotter                Vaughn
Webb                   Wilkins                Witherspoon

Printed Page 1349 . . . . . Thursday, March 18, 1999

Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown T.
Canty                  Carnell                Clyburn
Cobb-Hunter            Davenport              Delleney
Emory                  Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Mack                   Maddox
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Ott                    Parks                  Pinckney
Rutherford             Sheheen                Smith F.
Stille                 Stuart                 Townsend
Whatley                Whipper                Wilder
Wilkes

Total--49

So, the amendment was tabled.

Rep. GOVAN proposed the following Amendment No. 305 (Doc Name housedesk\h-wm\009\vpdefm15p1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 523, paragraph 83, as previously amended by adopted Amendment No. 290, by amending page 2 of the amendment to read:
/(I)   SC State - Emergency Funding and Transportation Center Match 2,500,000
(J)   SC State - Deferred Maintenance 15,100,000/
Renumber sections to conform.
Amend totals and title to conform.

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


Printed Page 1350 . . . . . Thursday, March 18, 1999

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 58; Nays 46

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Brown H.               Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Easterday              Edge
Fleming                Gamble                 Hamilton
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Littlejohn             Loftis                 Lucas
Martin                 Mason                  McCraw
Meacham                Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Simrill                Smith D.               Taylor
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown J.
Brown T.               Canty                  Clyburn
Cobb-Hunter            Davenport              Delleney
Emory                  Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Lee
Lloyd                  Mack                   Maddox

Printed Page 1351 . . . . . Thursday, March 18, 1999

McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Ott                    Parks                  Pinckney
Rutherford             Stille                 Stuart
Townsend               Whipper                Wilder
Wilkes

Total--46

So, the amendment was tabled.

Rep. GOVAN proposed the following Amendment No. 306 (Doc Name housedesk\h-wm\009\vpdefm7p5.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 523, paragraph 83, as previously amended by adopted Amendment No. 290, by amending page 2 of the amendment to read:
/(I)   SC State - Emergency Funding and Transportation Center Match 2,500,000
(J) SC State - Deferred Maintenance 7,500,000/
Renumber sections to conform.
Amend totals and title to conform.

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

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

Yeas 56; Nays 48

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Brown H.
Campsen                Chellis                Cooper
Cotty                  Dantzler               Easterday
Edge                   Fleming                Gamble
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Koon                   Law
Leach                  Littlejohn             Loftis

Printed Page 1352 . . . . . Thursday, March 18, 1999

Lucas                  Martin                 Mason
McCraw                 McGee                  Meacham
Neilson                Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Simrill
Smith D.               Smith R.               Tripp
Trotter                Vaughn                 Walker
Webb                   Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown J.
Brown T.               Canty                  Carnell
Clyburn                Cobb-Hunter            Davenport
Delleney               Emory                  Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines J.               Howard
Inabinett              Jennings               Kennedy
Lee                    Lloyd                  Mack
Maddox                 McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Ott                    Phillips
Pinckney               Rutherford             Sheheen
Stuart                 Townsend               Whatley
Whipper                Wilder                 Wilkes

Total--48

So, the amendment was tabled.

Reps. EASTERDAY and CAMPSEN proposed the following Amendment No.313 (Doc Name housedesk\h-wm\004\vpok1b2.doc):
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 520, paragraph 83, line 29, by inserting, /Each separate appropriation item or subitem must be fully funded before the next item or subitem in order is paid. Provided, however, any Tax


Printed Page 1353 . . . . . Thursday, March 18, 1999

Relief item may be partially funded in the order in which it appears to the extent that revenues are available./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. NEAL proposed the following Amendment No. 312 (Doc Name housedesk\h-wm\002\lowman.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 522, paragraph 83, line 13, by inserting:
/SC State-Lowman Hall renovation $6.1 million/
Renumber sections to conform.
Amend totals and title to conform.

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

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

Yeas 56; Nays 43

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Gamble
Gilham                 Hamilton               Harrell
Haskins                Hinson                 Keegan
Kelley                 Kirsh                  Klauber
Koon                   Law                    Leach
Littlejohn             Loftis                 Lourie
Lucas                  Martin                 Mason
McGee                  Meacham                Neilson
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith D.

Printed Page 1354 . . . . . Thursday, March 18, 1999

Smith R.               Taylor                 Tripp
Trotter                Vaughn                 Walker
Webb                   Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Allen                  Bales                  Battle
Bowers                 Breeland               Brown G.
Brown J.               Brown T.               Carnell
Clyburn                Cobb-Hunter            Davenport
Delleney               Emory                  Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines J.               Howard
Inabinett              Kennedy                Lee
Lloyd                  Mack                   McLeod M.
McLeod W.              Moody-Lawrence         Neal
Ott                    Parks                  Phillips
Pinckney               Rutherford             Sheheen
Smith F.               Stille                 Stuart
Whatley                Whipper                Wilder
Wilkes

Total--43

So, the amendment was tabled.

Rep. NEAL proposed the following Amendment No. 310 (Doc Name housedesk\h-wm\002\hodgehall.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 522, paragraph 83, line 33, opposite SC State - Hodge Hall Renovation by striking /$4,000,000/ and inserting /$10,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. NEAL explained the amendment.
Rep. G. BROWN spoke in favor of the amendment.

SPEAKER PRO TEMPORE IN CHAIR


Printed Page 1355 . . . . . Thursday, March 18, 1999

Rep. KEEGAN moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 58; Nays 50

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Gamble                 Gilham
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Kirsh
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Lourie                 Lucas                  Martin
Mason                  McCraw                 McGee
Meacham                Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith D.               Smith R.
Taylor                 Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown J.
Brown T.               Canty                  Carnell
Clyburn                Cobb-Hunter            Davenport
Delleney               Emory                  Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines J.               Howard

Printed Page 1356 . . . . . Thursday, March 18, 1999

Inabinett              Jennings               Kennedy
Lee                    Lloyd                  Mack
Maddox                 McLeod M.              McLeod W.
McMahand               Miller                 Neal
Neilson                Ott                    Phillips
Pinckney               Rutherford             Sheheen
Smith F.               Smith J.               Stille
Stuart                 Whatley                Whipper
Wilder                 Wilkes

Total--50

So, the amendment was tabled.

Rep. RODGERS proposed the following Amendment No. 307 (Doc Name housedesk\council\pt\amend\1371dw99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, page 523, line 6, opposite /(dd) CHE - McAllister Square Renovation/, by striking /1,700,000/ and inserting / 700,000 /
Amend further, by adding. immediately following line 15, an appropriately lettered subsection to read:
/ ( )   Moor Hall Renovation at Technical College of the Low Country   1,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. RODGERS explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.

Reps. WALKER, LITTLEJOHN, HAWKINS, DAVENPORT, LEE, ALLISON and D. SMITH proposed the following Amendment No. 317 (Doc Name housedesk\h-wm\007\walker.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph 83, line after line 15, by adding an appropriately numbered paragraph to read:
/USC - Spartanburg - Information Resource complex 2,700,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER explained the amendment.


Printed Page 1357 . . . . . Thursday, March 18, 1999

Rep. WALKER moved to table the amendment, which was agreed to.

Reps. CARNELL, ROBINSON and SHEHEEN proposed the following Amendment No. 280 (Doc Name \h-wm\003\arcc.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, line 18, by adding an appropriately numbered paragraph to read:
/Active retired Circuit Court Judges shall receive a five hundred dollars per month expense allowance as authorized in proviso 30.4 for Supreme Court Justices, Court of Appeals Judges, Family Court Judges and Circuit Court Judges./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. KELLEY and MILLER proposed the following Amendment No. 320 (Doc Name housedesk\h-wm\006\kelley santee.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, after line 18, by adding an appropriately numbered paragraph to read:
/No Department of Natural Resources employee, member of the Board of the Department of Natural Resources, or a member of the immediate family of a DNR employee or Board member may use the Santee Coastal Reserve in any other manner than it may be used by the public./
Renumber sections to conform.
Amend totals and title to conform.

Rep. KELLEY explained the amendment.

POINT OF ORDER

Rep. KIRSH raised a Point of Order that Amendment No. 320 was out of order in that it was not germane to the Bill under Rule 5.3B.

Rep. ROBINSON argued contra.


Printed Page 1358 . . . . . Thursday, March 18, 1999

Rep. SHEHEEN argued contra.

SPEAKER PRO TEMPORE HASKINS overruled the Point of Order.

Rep. KELLEY continued speaking.
Rep. SHARPE moved to table the amendment, which was rejected.

The question then recurred to the adoption of the amendment, which was agreed to.

SPEAKER IN CHAIR

Rep. OTT proposed the following Amendment No. 227 (Doc Name housedesk\h-wm\004\lakmar1m.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, page 520, paragraph 83, line 27, by striking:/Education//
Amend the bill further, as and if amended, Section 72, page 520, paragraph 83, line 29, by striking:/educational/
Amend the bill further, as and if amended, Section 72, page 523, paragraph 83, after line 15, by inserting: /Lake Marion Regional Water Project 1,000,000//
Renumber sections to conform.
Amend totals and title to conform.

Rep. OTT explained the amendment.
Rep. KOON moved to table the amendment, which was agreed to.

Rep. TRIPP proposed the following Amendment No. 257 (Doc Name housedesk\h-wm\007\autotax2.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 520, paragraph 83, line 29, by inserting after "educational purposes" /and tax relief/
Amend the bill further, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered paragraph to read:
/Automobile Tax Relief 35,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. TRIPP moved to table the amendment, which was agreed to.


Printed Page 1359 . . . . . Thursday, March 18, 1999

Rep. STUART proposed the following Amendment No. 259 (Doc Name housedesk\council\dka\amend\3323mm99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, paragraph 83, page 520, line 32, by striking:
/ School Building Funds   $20,000,000/ and inserting:
/ School Building Funds   $170,000,000 /.
Amend further, Section 72, General and Temporary, paragraph 83, page 522, by striking lines 11 through 35 in their entirety.
Amend further, Section 72, General and Temporary, paragraph 83, page 523, by striking lines 1 through 17 in their entirety, and insertion:
/ Total -Video Poker/Other Funds   $300,000,000 /.
Reletter items to conform
Renumber sections to conform.
Amend totals and title to conform.

Rep. STUART moved to table the amendment, which was agreed to.

Rep. HOWARD proposed the following Amendment No. 183 (Doc Name housedesk\h-wm\007\scstate15.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 522, paragraph 83, line 30, by striking /6,000,000/ and inserting /4,000,000/
Amend the bill further, as and if amended, Section 72, General & Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered item to read:
/(nn) SC State - Deferred Maintenance 2,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. HOWARD explained the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. NEAL spoke in favor of the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.

Rep. KENNEDY proposed the following Amendment No. 262 (Doc Name housedesk\h-wm\007\transport.doc), which was tabled.


Printed Page 1360 . . . . . Thursday, March 18, 1999

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:
/Any funds up to $300,000 not allocated after the reconciliation of the budget, must be used to provide S.C. State's Transportation Center's match for federal funds.
Renumber sections to conform.
Amend totals and title to conform.

Rep. KENNEDY explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.

Rep. M. MCLEOD proposed the following Amendment No. 143 (Doc Name housedesk\h-wm\004\psaprt.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, Clemson PSA, Department of Parks, Recreation & Tourism, page 523, after line 18, by adding an appropriately numbered paragraph to read:
/Clemson PSA must transfer $180,000 to the Department of Parks, Recreation & Tourism for the purposes of managing the rural recreation program the Department of Parks, Recreation & Tourism may contract with Clemson PSA to implement aspects of the program to meet the intent of the General Assembly.
Renumber sections to conform.
Amend totals and title to conform.

Rep. M. MCLEOD explained the amendment.
Rep. KOON spoke against the amendment.
Rep. M. MCLEOD spoke in favor of the amendment.
Rep. KOON moved to table the amendment, which was agreed to.

Reps. WALKER, ALLISON, HAWKINS, LEE, DAVENPORT, LANFORD, D. SMITH and LITTLEJOHN proposed the following Amendment No. 326 (Doc Name \council\pt\amend\1380ac99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Temporary Provisions, Section 72, General & Temporary, page 523, paragraph 83, after line 15, by adding an appropriately lettered item to read:
/ ( )   Spartanburg Tech - Student Services Building     2,700,000 /


Printed Page 1361 . . . . . Thursday, March 18, 1999

Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.

Rep. H. BROWN moved that the House recede until 1:45 P.M., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments to Section 72, Part IB.

THE HOUSE RESUMES

At 1:45 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

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

ACTING SPEAKER STILLE IN CHAIR

SPEAKER IN CHAIR

H. 3696 - AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of amendments to Section 72, Part IB.

H. 3696 -- GENERAL APPROPRIATION BILL

PART IB

SECTION 72 -- AMENDED AND ADOPTED

Reps. ROBINSON, D. SMITH, TRIPP, QUINN, H. BROWN, WILKINS, HARRELL, KELLEY, EDGE, HASKINS, CAMPSEN, BARRETT, NEILSON, KNOTTS, LEE, SEITHEL, TROTTER, COOPER, CATO, HARRISON, SHARPE, LUCAS, MCGEE, DAVENPORT, KIRSH, INABINETT, CHELLIS, MEACHAM, SANDIFER, WOODRUM, RICE, MASON, ALTMAN, R. SMITH, YOUNG-BRICKELL, DELLENEY, SIMRILL, TAYLOR, BAUER,


Printed Page 1362 . . . . . Thursday, March 18, 1999

TOWNSEND, MADDOX, HARRIS, WEBB, FLEMING, WALKER, F. SMITH, WHATLEY, KEEGAN and LIMEHOUSE proposed the following Amendment No. 330 (Doc Name \gjk\20432sd99.doc), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 72, paragraph 83, Page 520, by striking line 27 and inserting:
/ 83.   (A)   (GP: Tax Relief)   (1)   Twenty million dollars is provided herein for automobile tax relief in Fiscal Year 1999-2000. These funds shall be used to lower automobile taxes beginning January 1, 2000. It is the intent of the General Assembly to reduce automobile taxes while lowering the assessment ratio through partnering with local government to reduce taxes for South Carolina's families.

(2)   Twenty-four million dollars is provided herein for reduction in the sales and use tax on food in Fiscal Year 1999-00. These funds must be used to offset a reduction in revenues resulting from reducing the sales tax rate on food from five to four percent, effective January 1, 2000. It is the intent of the General Assembly to eliminate the state sales tax on food by reducing the applicable rate in annual increments of one percent so that food sales are wholly exempt from state sales tax after December 31, 2003.

(3)   If revenue derived from regulations, licensing fees, or taxation of coin-operated devices licensed pursuant to Section 12-21-2720(A)(3) of the 1976 Code does not exceed $150,000,000, in order to fund the items listed in this paragraph, each item funded in the first $150 million, excluding First Steps and Department of Education (H63) items, must be reduced pro rata to ensure that tax relief is funded at $35,000,000.

(B)   (GP: Coin-Operated Devices - Education Fund) any revenue above $50 million derived from regulations, licensing fees, or/
Renumber sections to conform.
Amend totals and title to conform.

Rep. D. SMITH explained the amendment.
Rep. ROBINSON spoke in favor of the amendment.
Rep. ROBINSON spoke in favor of the amendment.
Rep. D. SMITH spoke in favor of the amendment.
Rep. VAUGHN moved to divide the question.


Printed Page 1363 . . . . . Thursday, March 18, 1999

POINT OF ORDER

Rep. TRIPP raised a Point of Order that the motion to divide the question was in violation of Rule 8.10. He stated that a portion of the amendment, if divided, could not stand alone.

SPEAKER WILKINS stated that a portion of the amendment, if divided, could not stand alone as a separate question and therefore could not be divided. He therefore sustained the Point of Order and stated that the motion to divide the question in this particular manner was out of order.

Rep. VAUGHN moved to divide the question.
Rep. EDGE moved to table the motion.

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

Yeas 100; Nays 13

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Breeland               Brown H.               Brown J.
Brown T.               Campsen                Canty
Cato                   Chellis                Clyburn
Cobb-Hunter            Cotty                  Dantzler
Easterday              Edge                   Fleming
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harris                 Harrison               Haskins
Hawkins                Hayes                  Hines J.
Hines M.               Hinson                 Howard
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Lee                    Limehouse              Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McLeod M.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks

Printed Page 1364 . . . . . Thursday, March 18, 1999

Phillips               Pinckney               Rhoad
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Simrill                Smith D.               Smith J.
Smith R.               Stuart                 Taylor
Tripp                  Trotter                Walker
Webb                   Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--100

Those who voted in the negative are:

Brown G.               Carnell                Cooper
Davenport              Delleney               Emory
Leach                  Loftis                 McLeod W.
Sheheen                Stille                 Vaughn
Wilkes

Total--13

So, the motion to divide the question was tabled.

The question then recurred to the adoption of the amendment.

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

Yeas 111; Nays 2

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Breeland               Brown G.               Brown H.
Brown J.               Brown T.               Campsen
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge

Printed Page 1365 . . . . . Thursday, March 18, 1999

Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Harrison               Haskins                Hawkins
Hayes                  Hines J.               Hines M.
Hinson                 Inabinett              Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Maddox                 Martin                 Mason
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--111

Those who voted in the negative are:

Canty                  Vaughn

Total--2

So, the amendment was adopted.

Rep. RODGERS proposed the following Amendment No. 331 (Doc Name housedesk\council\dka\amend\3338ac99.doc), which was tabled.


Printed Page 1366 . . . . . Thursday, March 18, 1999

Amend the bill, as and if amended, Part IB, page 523, line 6, opposite /(dd) CHE - McAllister Square Renovation/, by striking /1,700,000/ and inserting / 800,000 /
Amend further, by adding immediately following line 15, an appropriately lettered subsection to read:
/ ( )   Moor Hall Renovation at Technical College of the Low Country     900,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. RODGERS explained the amendment.
Rep. H. BROWN moved to table the amendment.

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

Yeas 76; Nays 15

Those who voted in the affirmative are:

Altman                 Bailey                 Barfield
Barrett                Battle                 Bauer
Beck                   Brown H.               Brown T.
Campsen                Canty                  Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Easterday
Emory                  Fleming                Gamble
Gourdine               Hamilton               Harris
Haskins                Hayes                  Hines J.
Hines M.               Hinson                 Howard
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Law
Leach                  Limehouse              Loftis
Lourie                 Lucas                  Maddox
Martin                 Mason                  McCraw
McLeod M.              McMahand               Meacham
Moody-Lawrence         Neal                   Neilson
Ott                    Phillips               Rice
Riser                  Robinson               Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith J.               Smith R.               Taylor

Printed Page 1367 . . . . . Thursday, March 18, 1999

Townsend               Trotter                Walker
Webb                   Whatley                Wilder
Wilkes                 Wilkins                Woodrum
Young-Brickell

Total--76

Those who voted in the negative are:

Askins                 Bowers                 Cobb-Hunter
Gilham                 Govan                  Kennedy
Lee                    Lloyd                  McGee
McLeod W.              Pinckney               Rhoad
Rodgers                Stille                 Stuart

Total--15

So, the amendment was tabled.

RECORD FOR VOTING

I was temporarily out of the chamber but would have voted in favor of Amendment No. 331.

Rep. H. B. LIMEHOUSE

Rep. QUINN proposed the following Amendment No. 296 (Doc Name housedesk\h-wm\002\federal.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, line 18, by adding an appropriately numbered paragraph to read, which was adopted.
/No state funds or Medicaid funds shall be expended to perform abortions, except for those abortions mandated by federal law under the Medicaid program./
Renumber sections to conform.
Amend totals and title to conform.

Rep. QUINN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 296 was out of order in that it was not germane to the Bill.

Rep. QUINN argued contra.

SPEAKER WILKINS overruled the Point of Order.


Printed Page 1368 . . . . . Thursday, March 18, 1999

Rep. QUINN continued speaking.

LEAVE OF ABSENCE

The SPEAKER granted Rep. INABINETT a leave of absence for the remainder of the day due to family illness.

LEAVE OF ABSENCE

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

Rep. MOODY-LAWRENCE spoke against the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.

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

Yeas 24; Nays 70

Those who voted in the affirmative are:

Breeland               Brown J.               Brown T.
Cobb-Hunter            Gourdine               Govan
Harvin                 Hines J.               Hines M.
Howard                 Kennedy                Lee
Lloyd                  Mack                   McMahand
Miller                 Moody-Lawrence         Neal
Parks                  Pinckney               Rhoad
Rutherford             Scott                  Whipper

Total--24

Those who voted in the negative are:

Altman                 Askins                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers
Campsen                Cato                   Chellis
Clyburn                Cotty                  Davenport
Delleney               Easterday              Emory
Fleming                Gamble                 Gilham
Hamilton               Harris                 Haskins
Hayes                  Hinson                 Keegan
Kirsh                  Knotts                 Lanford
Leach                  Limehouse              Littlejohn

Printed Page 1369 . . . . . Thursday, March 18, 1999

Loftis                 Lourie                 Lucas
Maddox                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
Meacham                Neilson                Ott
Phillips               Quinn                  Rice
Riser                  Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith J.               Smith R.
Stille                 Stuart                 Taylor
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--70

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. SIMRILL, HASKINS and ROBINSON proposed the following Amendment No. 209 (Doc Name \h-wm\002\chemabort.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph, line 18, by adding an appropriately numbered paragraph to read:
/No state funds will be expended on any birth control methods which induce chemical abortions./
Renumber sections to conform.
Amend totals and title to conform.

Rep. H. BROWN moved to table the amendment, which was agreed to.

Section 72 as amended was adopted.

PART II

SECTION 1

Section 1 was adopted.


Printed Page 1370 . . . . . Thursday, March 18, 1999

SECTION 2 -- AMENDED AND ADOPTED

Rep. HARRELL proposed the following Amendment No. 88 (Doc Name housedesk\council\gjk\amend\20404std99.doc), which was adopted.
Amend the bill, as and if amended, in PART II, beginning on page 524 by striking SECTION 2 and inserting:

/SECTION 2

TO AMEND CHAPTER 63 OF TITLE 59 OF THE 1976 CODE, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 2000-2001 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER LOCAL SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED INCLUDING THE PROVISION OF FUNDING FOR EXISTING ALTERNATIVE SCHOOL PROGRAMS FOR FISCAL YEAR 1999-2000; AND TO REPEAL SECTION 59-18-1900 RELATING TO COMPETITIVE GRANTS TO FUND ALTERNATIVE SCHOOLS.
A.     Chapter 63, Title 59 of the 1976 Code is amended by adding:

"Article 13
Alternative Schools

Section 59-63-1300.   The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is therefore the intent of this article to authorize local district school boards throughout the State to establish alternative school programs. These programs shall be designed to meet the needs of students who have a history of disruptive behavior in school or who have committed a serious offense that warrants out-of-school suspension or expulsion from school according to the student conduct policies and behavior codes approved by the local school board of trustees. It is further the intent of this article that cooperative agreements may be developed among local school districts in order to implement innovative exemplary programs.


Printed Page 1371 . . . . . Thursday, March 18, 1999

Section 59-63-1310.   For the purposes of this article:

(1)   'Disruptive behavior' means behavior that interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide. It also means behavior that results in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom or severely threatens the general welfare of students or others with whom the student comes into contact.

(2)   'Serious offense' means behavior which includes, but is not limited to, violence, possession of weapons or controlled substances, or harassment or verbal abuse of school personnel or other students.

Section 59-63-1320.   Beginning with the school year 2000-2001, the governing boards of all local public school districts shall establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs at a site separate from other schools unless operated at a time when those schools are not in session or in another building on campus which would provide complete separation from other students. Local public school districts which elect to establish alternative school programs before school year 2000-2001 when all districts are required to have such programs must do so in the manner required by this chapter and shall be provided state funding for these programs as provided in Section 59-63-1370. These programs shall be provided for, but not limited to, the following categories of students in grades 6-12:

(1)   any student who has committed a serious offense which warrants suspension or expulsion from school according to the student conduct policies and behavior codes approved by the local school board of trustees;

(2)   any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the local school district, parent, legal guardian or custodian of student due to habitual exhibitions of disruptive behavior in violation of the student conduct policies and behavior codes approved by the local school board of trustees;

(3)   any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the local school district, parent, legal guardian or custodian of the student due to interference with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide;


Printed Page 1372 . . . . . Thursday, March 18, 1999

(4)   any student referred to such alternative school program by the dispositive order of a family court judge, with the consent of the local board of trustees.

Before a student may be placed in an alternative school program, a determination must be made by the local board that the written and distributed disciplinary policy of the district has been followed. Districts must establish clear guidelines and procedures for the placement of students into an alternative school program and at a minimum they shall prescribe due process procedures for disciplinary actions.

When students are being considered for placement in an alternative school program, local districts must consider the requirements of the Federal Individuals with Disabilities Education Act (IDEA).

If a student placed in an alternative school program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, information concerning the student's placement in an alternative school program. Upon review of the information, the district in which the student enrolls may continue the alternative education program placement or may allow the student to attend regular classes without completing the period of the placement.

Section 59-63-1325.   Nothing in this chapter shall abrogate, usurp, or diminish the authority of any local public school district and its governing board to take such disciplinary action as it is otherwise empowered by law to take against any student for misconduct including, but not limited to, expulsion and nothing in this chapter shall require that any student be assigned to such an alternative school. These decisions shall rest solely in the discretion of the local district and school board, regardless of the offense, record of the child, or other information presented from any source.

Section 59-63-1340.   Within the requirements of Section 59-1-440, alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting. Programs must develop a mission statement and shall focus on the educational and behavioral needs of the students to include individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic standards to include plans for utilization of available technology, strict codes of student conduct,


Printed Page 1373 . . . . . Thursday, March 18, 1999

counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and a time line for meeting the academic and conduct standards set.

The educational program for an alternative school must include the objectives of the adopted academic achievement standards in the core academic areas to ensure that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and to ensure that credit earned by students participating in the alternative school program can be transferred to either the sending public school or another public school in the State; provided, nothing herein shall prohibit local school districts or the South Carolina Department of Education, or both, from establishing and providing new and innovative programs as may be authorized otherwise under law to meet the unique needs of alternative school students who otherwise might drop out of school or never be able successfully to complete the requirements for a diploma.

Alternative school programs are authorized to use corporal punishment as a disciplinary method. The school and its employees are not liable under the South Carolina Tort Claims Act for using corporal punishment unless the punishment is performed in a grossly negligent manner.

Section 59-63-1350.   Each local school district shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population. Each local school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to local school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.

Section 59-63-1360.   A local school district shall determine what, if any, transportation shall be provided to students attending an alternative school in accordance with written district guidelines.

Section 59-63-1370.   A local school district shall allocate to an alternative school program the same per student expenditure to include federal, state, and local funds that would be allocated to the student's school if the student were attending the student's regularly assigned school. This shall include any appropriate special education funding.


Printed Page 1374 . . . . . Thursday, March 18, 1999

Specific alternative school program funds shall be provided by the General Assembly in the annual general appropriations act at an EFA weighting of 1.49 in fiscal year 1999-2000, and 1.74 in fiscal year 2000-2001 and thereafter. Funds for the alternative school program shall be distributed through the EFA formula provided for in Section 59-20-40. These funds shall be used for the establishment, maintenance, and operation of alternative schools programs. Funds also may be used to provide for staff development needs pursuant to Section 59-63-1350.

Section 59-63-1375.   The local board of trustees of a school district or consortium of local public school districts may contract with a private entity to provide any portion of the alternative school program, but, in no event, shall the local board of trustees of a public school district be relieved of their responsibility to provide an alternative school program.

Section 59-63-1380.   The State Board of Education shall promulgate regulations for establishment, maintenance, and operation of alternative school programs to include clear procedures for annual alternative school program review and evaluation of its success. The regulations shall require the minimum amount of paperwork and reporting necessary to comply with this article.

Upon request of a local school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration best practices."
B.   Section 59-18-1900 of the 1976 Code is repealed.
C.   This section takes effect July 1, 1999./
Renumber sections to conform.
Amend totals and title to conform.

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

Section 2 as amended was adopted.

SECTION 3

Section 3 was adopted.


Printed Page 1375 . . . . . Thursday, March 18, 1999

SECTION 4

Section 4 was adopted.

SECTION 5

Section 5 was adopted.

SECTION 6 -- DEBATE ADJOURNED

Rep. GAMBLE proposed the following Amendment No. 174 (Doc Name housedesk\council\gjk\amend\20422AC99.doc):
Amend the bill, as and if amended, PART II, Permanent Provisions, page 530, by deleting SECTION 6 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. GAMBLE explained the amendment.
Rep. H. BROWN moved to table the amendment.

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

Yeas 12; Nays 90

Those who voted in the affirmative are:

Allison                Brown H.               Chellis
Cooper                 Edge                   Harrell
Keegan                 Sandifer               Smith R.
Webb                   Witherspoon            Young-Brickell

Total--12

Those who voted in the negative are:

Allen                  Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown J.               Campsen
Canty                  Carnell                Cato
Clyburn                Cobb-Hunter            Cotty
Dantzler               Delleney               Easterday
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harris                 Harrison

Printed Page 1376 . . . . . Thursday, March 18, 1999

Harvin                 Hayes                  Hines M.
Hinson                 Howard                 Kirsh
Knotts                 Koon                   Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Maddox
Martin                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rice
Robinson               Rodgers                Rutherford
Scott                  Seithel                Sharpe
Sheheen                Simrill                Smith J.
Stille                 Stuart                 Taylor
Tripp                  Trotter                Vaughn
Walker                 Whatley                Whipper
Wilder                 Wilkes                 Woodrum

Total--90

So, the House refused to table the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. H. BROWN spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. SHEHEEN moved to adjourn debate on the Section, which was agreed to.

SECTION 7

Section 7 was adopted.

SECTION 8

Section 8 was adopted.

SECTION 9

Section 9 was adopted.


Printed Page 1377 . . . . . Thursday, March 18, 1999

SECTION 10

Section 10 was adopted.

SECTION 11 -- AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 53 (Doc Name housedesk\council\bbm\amend\9107som99.doc), which was tabled.
Amend the bill, as and if amended, PART II, Section 11, page 536, line 24, by adding after /Committee/ / and the Senate Finance Committee /
Amend the bill further, as and if amended, PART II, Section 11, Section 56-5-2990(E), page 536, line 37, after / applicant. / by striking / If the driver's license of any person is suspended by authority of this section, no insurance company may refuse to issue insurance to cover the remaining members of his family, but /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. LANFORD moved to table the amendment, which was agreed to by a division vote of 37 to 36.

Rep. CATO proposed the following Amendment No. 319 (Doc Name c:\windows\catomandate.doc), which was adopted.
Amend the bill, as and if amended, PART II, Section 11, page 536, line 38, by inserting after the word family, "based solely on the suspension,"

Renumber sections to conform

Amend totals and title to conform.

Rep. CATO explained the amendment.
Rep. H. BROWN moved to table the amendment, which was rejected.
The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 341 (Doc Name housedesk\council\bbm\amend\9107som99.doc), which was adopted.
Amend the bill, as and if amended, PART II, Section 11, page 536, line 24, by adding after /Committee/ / and the Senate Finance Committee /
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 1378 . . . . . Thursday, March 18, 1999

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

Section 11 as amended was adopted.

SECTION 12 -- AMENDED AND ADOPTED

Reps. Sharpe, Witherspoon, Ott, Koon and Gourdine proposed the following Amendment No. 7 (Doc Name \PSD\AMEND\7296AC99), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by deleting Section 12 on page 537 and inserting:
/   SECTION 12
TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING AND FISHING LICENSES SO AS TO INCREASE THE FEE FOR A COMBINATION HUNTING AND FISHING LICENSE FOR RESIDENTS FROM SEVENTEEN DOLLARS TO TWENTY DOLLARS AND TO INCREASE FROM ONE DOLLAR TO TWO DOLLARS THE AMOUNT THAT THE ISSUING AGENT MAY RETAIN AND TO INCREASE THE NON-RESIDENTIAL HUNTING LICENSE FEE FROM SEVENTY-FIVE TO ONE HUNDRED DOLLARS.
Section 50-9-510(3) and (6) of the 1976 Code, as last amended by Act 372 of 1996, are further amended to read:

"(3)   For the privilege of hunting and fishing, including the privilege of hunting big game throughout South Carolina, a resident of the State shall purchase a combination fishing and hunting license for seventeen dollar twenty dollars, of which one dollar two dollars may be retained by the issuing agent.

(6)   For the privilege of hunting throughout South Carolina July first through June thirtieth, a nonresident shall purchase an annual statewide license for seventy-five one hundred dollars, of which two dollars may be retained by the issuing agent."   /
Renumber sections to conform.
Amend totals and title to conform.

Rep. SHARPE explained the amendment.

SPEAKER IN CHAIR

Rep. SHARPE continued speaking.
Rep. SHARPE spoke in favor of the amendment.


Printed Page 1379 . . . . . Thursday, March 18, 1999

Rep. TRIPP moved to table the Section.
Rep. SHARPE demanded the yeas and nays, which were taken, resulting as follows:

Yeas 14; Nays 81

Those who voted in the affirmative are:

Allison                Bales                  Cato
Cooper                 Cotty                  Fleming
Gamble                 Haskins                Limehouse
Loftis                 McMahand               Phillips
Stille                 Tripp

Total--14

Those who voted in the negative are:

Allen                  Askins                 Barfield
Barrett                Battle                 Bauer
Bowers                 Brown H.               Brown J.
Campsen                Canty                  Carnell
Chellis                Clyburn                Cobb-Hunter
Dantzler               Delleney               Edge
Emory                  Gourdine               Hamilton
Harris                 Harrison               Harvin
Hayes                  Hines J.               Hinson
Howard                 Keegan                 Kelley
Kennedy                Kirsh                  Knotts
Koon                   Lanford                Law
Leach                  Littlejohn             Lloyd
Lourie                 Lucas                  Maddox
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              Meacham
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith D.
Smith J.               Smith R.               Stuart
Taylor                 Townsend               Trotter
Vaughn                 Webb                   Whatley

Printed Page 1380 . . . . . Thursday, March 18, 1999

Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--81

So, the House refused to table the Section.

The question then recurred to the adoption of the amendment, which was agreed to.

Section 12 as amended was adopted.

SECTION 13 -- AMENDED AND ADOPTED

Rep. STILLE proposed the following Amendment No. 31 (Doc Name COUNCIL\NBD\AMEND\11233JM99), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 13, by striking line 2 on page 538 and inserting:
/   hunting on wildlife management area land, a resident of the State shall purchase a sportsman license for forty-four dollars, of /
Amend totals and title to conform.

Rep. STILLE explained the amendment.
Rep. KNOTTS moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 23 to 43.
The question then recurred to the adoption of the amendment, which was agreed to.

Section 13 as amended was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15

Section 15 was adopted.


Printed Page 1381 . . . . . Thursday, March 18, 1999

SECTION 16

Section 16 was adopted.

SECTION 17 -- DEBATE ADJOURNED

Reps. J. SMITH, LOURIE, BATTLE, JENNINGS and ALLEN proposed the following Amendment No. 239:
Amend the bill, as and if amended, Part IB, Section, Department of Education-EIA, page 410, paragraph, line 2, by adding an appropriately numbered paragraph to read,
/From the balance of unexpended EIA funds at the end of FY 1998-99, $200,000 must be provided to the School Improvement Council Assistance program./
Renumber sections to conform.
Amend totals and title to conform.

Rep. ROBINSON explained the amendment.
Rep. ROBINSON 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.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23 -- AMENDED AND ADOPTED

Rep. YOUNG-BRICKELL proposed the following Amendment No. 4 (Doc Name COUNCIL\KGH\AMEND\15437HTC99), which was adopted.
Amend the bill, as and if amended, in Part II, Permanent Provisions, SECTION 23, page 550, line 14, by striking / Three thousand dollars /


Printed Page 1382 . . . . . Thursday, March 18, 1999

and inserting / Three hundred dollars for taxable year 1999 only and three thousand dollars for subsequent taxable years /.
Amend further, in SECTION 23, page 551, line 17, by striking /1999/ and inserting /1998/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. YOUNG-BRICKELL explained the amendment.
The amendment was then adopted.

Section 23 as amended was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26

Section 26 was adopted.

SECTION 27 -- AMENDED AND ADOPTED

Rep. HARRELL proposed the following Amendment No. 5 (Doc Name COUNCIL\KGH\AMEND\15438HTC99), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, SECTION 27, page 553, by striking line 35 and inserting:
/ employee or a temporary or permanent employee. If an employer /.
Amend further, SECTION 27, page 554, by striking line 14 and inserting:
/ part-time employee or a temporary or permanent employee. If an /.
Amend title to conform.

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

Section 27 as amended was adopted.

SECTION 28

Section 28 was adopted.


Printed Page 1383 . . . . . Thursday, March 18, 1999

SECTION 29

Section 29 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 31 -- ADOPTED

Rep. KIRSH proposed the following Amendment No. 54 (Doc Name housedesk\council\pt\amend\1375som99.doc), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by striking Section 31, as contained on page 556 at lines 3 through 16, in its entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. SCOTT 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 43 to 17.

Rep. KIRSH proposed the following Amendment No. 304 (Doc Name housedesk\council\pt\amend\1370dw99.doc), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, page 556, SECTION 31, line 13 by striking /eighty-nine/ and inserting / six /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. SCOTT 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 48 to 21.

Section 31 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.


Printed Page 1384 . . . . . Thursday, March 18, 1999

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38 -- AMENDED AND ADOPTED

Rep. HARRISON proposed the following Amendment No. 132 (Doc Name housedesk\council\bbm\amend\9120std99.doc), which was adopted.
Amend the bill, as and if amended, Part II, page 559, Section 38, by inserting after /DEPARTMENT/ on line 31 / and the Reserve Components of the United States Armed Forces / and by inserting after /Department/ on line 37 /and the Reserve Components of the United States Armed Forces /
Renumber sections to conform.
Amend totals and title to conform.

Rep. HARRISON explained the amendment.

POINT OF ORDER

Rep. KIRSH raised a Point of Order that Section 38 was not germane to the Bill and therefore should be stricken in its entirety from the Bill.

SPEAKER WILKINS overruled the Point of Order.

Rep. HARRISON continued speaking.
The amendment was then adopted.

Section 38 as amended was adopted.

SECTION 39

Section 39 was adopted.


Printed Page 1385 . . . . . Thursday, March 18, 1999

SECTION 40 -- ADOPTED

Rep. KIRSH proposed the following Amendment No. 55 (Doc Name COUNCIL\NBD\AMEND\11229JM99), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by striking SECTION 40 (as contained on page 560 at lines 19 through 37 and on page 561 at lines 1 through 10) in its entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. KELLEY moved to table the amendment, which was agreed to.

Section 40 was adopted.

SECTION 6 -- AMENDED AND ADOPTED

Rep. GAMBLE proposed the following Amendment No. 174 (Doc Name housedesk\council\gjk\amend\20422AC99.doc), which was tabled.
Amend the bill, as and if amended, PART II, Permanent Provisions, page 530, by deleting SECTION 6 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.

Rep. GAMBLE moved to table the amendment, which was agreed to.

Reps. GAMBLE and SHEHEEN proposed the following Amendment No. 343 (Doc Name \council\gjk\amend\20434ac99.doc), which was adopted.
Amend the bill, as and if amended, PART II, SECTION 6, page 530, line 16, by deleting /four two / and inserting / four /
Renumber sections to conform.
Amend totals and title to conform.

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

Section 6 as amended was adopted.


Printed Page 1386 . . . . . Thursday, March 18, 1999

SECTION 17 -- ADOPTED

Rep. ROBINSON proposed the following Amendment No. 329 (Doc Name housedesk\council\dka\amend\3334mm99.doc), which was tabled.
Amend the bill, as and if amended, SECTION 17, Part II, page 540, line 4, by striking /clerk of court/ and inserting / clerk of court public defender;
line 5, by striking /clerk/ and inserting /clerk public defender /;
line 6, by striking /clerk/ and inserting /public defender /;
line 8, by striking /clerk of court/ and inserting / clerk of court public defender /; and
line 11, by striking /clerk of court/ and inserting / public defender /.
Renumber sections to conform.
Amend totals and title to conform.

Rep. ROBINSON explained the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to.

Section 17 was adopted.

Rep. ALTMAN proposed the following Amendment No. 6 (Doc Name COUNCIL\GJK\AMEND\20398STD99), which was adopted.
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section to read:

/ SECTION

TO AMEND SECTION 59-40-50 OF THE 1976 CODE, RELATING TO CHARTER SCHOOLS AND THE ADMISSION OF STUDENTS TO CHARTER SCHOOLS, SO AS TO PROVIDE THAT STATE FORMULA FUNDING FOR A CHARTER SCHOOL SHALL BE COMPUTED WITHOUT REGARD TO THE RACIAL COMPOSITION OF THE CHILDREN ELIGIBLE TO ATTEND THE SCHOOL AND TO DELETE A REQUIREMENT THAT CHARTER SCHOOL ENROLLMENT MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE SCHOOL DISTRICT BY MORE THAN TEN PERCENT.
Section 59-40-50(B)(6) of the 1976 Code is amended to read:

"(6)   Admit all children eligible to attend public school in a school district who are eligible to apply for admission to a charter school operating in that school district, subject to space limitations, and state formula funding for a charter school as provided in Section


Printed Page 1387 . . . . . Thursday, March 18, 1999

59-40-140 beginning with fiscal year 1999-2000 shall be computed without regard to the racial composition of the children eligible to attend the school. However, under no circumstances may a charter school enrollment differ from the racial composition of the school district by more than ten percent. If the number of applications exceeds the capacity of a program, class, grade level, or building, students shall be accepted by lot, and there is no appeal to the sponsor;"/
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 6 was out of order in that it was not germane to the Bill under Rule 5.3.

Rep. ALTMAN argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. ALTMAN continued speaking.
Rep. SCOTT moved to table the amendment.

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

Yeas 43; Nays 67

Those who voted in the affirmative are:

Askins                 Bailey                 Battle
Bowers                 Breeland               Brown G.
Brown J.               Canty                  Clyburn
Cobb-Hunter            Edge                   Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Hines M.               Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Lucas                  Mack
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Pinckney
Rhoad                  Rutherford             Scott
Smith J.               Stuart                 Wilder

Printed Page 1388 . . . . . Thursday, March 18, 1999

Wilkes

Total--43

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Bauer
Beck                   Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Easterday
Gamble                 Gilham                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Maddox                 Martin
Mason                  McCraw                 McGee
Meacham                Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith R.               Stille
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whatley                Whipper
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total - 67

So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 72; Nays 41


Printed Page 1389 . . . . . Thursday, March 18, 1999

Those who voted in the affirmative are:
Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Campsen                Carnell                Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Easterday
Edge                   Fleming                Gamble
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Maddox
Martin                 Mason                  McCraw
McGee                  Meacham                Miller
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith D.
Smith R.               Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--72

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown J.               Canty
Clyburn                Cobb-Hunter            Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Hines M.               Howard                 Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod M.
McLeod W.              McMahand               Moody-Lawrence
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford

Printed Page 1390 . . . . . Thursday, March 18, 1999

Scott                  Smith J.               Stuart
Wilder                 Wilkes

Total--41

So, the amendment was adopted.

RECORD FOR VOTING

Please record my vote as negative on Amendment No. 6.

Rep. GRADY BROWN

AMENDMENT NO. 6 -- MOTION TO RECONSIDER TABLED

Rep. HARRELL moved to reconsider the vote whereby Amendment No. 6 was adopted.
Rep. EASTERDAY moved to table the motion to reconsider, which was agreed to.

Rep. W. MCLEOD proposed the following Amendment No. 12 (Doc Name COUNCIL\KGH\AMEND\15475HTC99), which was ruled out of order.
Amend the bill, as and if amended, PART II, Permanent Provisions, by adding an appropriately numbered item at the end:

/ SECTION ___

TO AMEND SECTION 12-36-2110, AS AMENDED, OF THE 1976 CODE, RELATING TO THE MAXIMUM SALES, USE, AND CASUAL EXCISE TAX ON VARIOUS ITEMS OF TANGIBLE PERSONAL PROPERTY, INCLUDING MOTOR VEHICLES, SO AS TO RAISE THE MAXIMUM TAX FROM THREE HUNDRED TO FIVE HUNDRED DOLLARS ON MOTOR VEHICLES, MOTORCYCLES, BOATS, AIRCRAFT, TRAILERS, RECREATION VEHICLES, AND CERTAIN SELF-PROPELLED CONSTRUCTION EQUIPMENT.
A.   Section 12-36-2110(A) of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:

"(A)   The maximum tax imposed by this chapter is three five hundred dollars for each sale made or lease executed after June 30, 1984 1999, or lease executed after August 31, 1985, of each:

(1)   aircraft, including unassembled aircraft which is to be assembled by the purchaser, but not items to be added to the unassembled aircraft;


Printed Page 1391 . . . . . Thursday, March 18, 1999

(2)   motor vehicle;

(3)motorcycle;

(4)   boat;

(5)   trailer or semitrailer, pulled by a truck tractor, as defined in Section 56-3-20, and horse trailers but not including house trailers or campers as defined in Section 56-3-710;

(6)   recreational vehicle, including tent campers, travel trailer, park model, park trailer, motor home, and fifth wheel; or

(7)   self-propelled light construction equipment with compatible attachments limited to a maximum of one hundred sixty net engine horsepower.

In the case of a lease, the total tax rate required by law applies on each payment until the total tax paid equals three five hundred dollars. Nothing in this section prohibits a taxpayer from paying the total tax due at the time of execution of the lease, or with any payment under the lease. To qualify for the tax limitation provided by this section, a lease must be in writing and specifically state the term of, and remain in force for, a period in excess of ninety continuous days."
B.   This section takes effect July 1, 1999, and applies only to sales made and leases executed after June 30, 1999, of tangible personal property. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. W. MCLEOD explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised a Point of Order that Amendment No. 12 was out of order in that it was in violation of Code Section 11-11-440, which prohibits general tax increase in the permanent provisions of the General Appropriations Bill.

Rep. MCLEOD argued contra.

SPEAKER WILKINS stated that he would base his ruling on a similar 1998 Point of Order which was sustained. He stated further that in the 1998 Point of Order he had ruled that a similar amendment applied to more than 50% of the population. He therefore sustained the Point of Order and ruled the amendment out of order.

Rep. QUINN proposed the following Amendment No. 44 (Doc Name housedesk\council\bbm\amend\9105mm99.doc), which was adopted.


Printed Page 1392 . . . . . Thursday, March 18, 1999

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to Part II, Permanent Provisions, at the end:

/ SECTION ___

TO AMEND SECTION 8-11-83, AS AMENDED, OF THE 1976 CODE, RELATING TO PAYROLL DEDUCTIONS FOR DUES OF STATE EMPLOYEES SO AS TO PROVIDE FOR PAYROLL DEDUCTIONS FOR DUES FOR THE SOUTH CAROLINA WILDLIFE LAW ENFORCEMENT OFFICERS ASSOCIATION.
A.   The last paragraph of Section 8-11-83 of the 1976 Code, as last amended by Act 111 of 1995, is further amended to read:

Dues for the South Carolina Law Enforcement Officers' Association and the South Carolina Wildlife Law Enforcement Officers Association may also may be deducted from the compensation of state employees and retirees and paid over to this association these associations in the same manner other dues under this section are deducted and paid over. The same restrictions and conditions as apply to the other deductions under this section also apply to the deductions of dues for the South Carolina Law Enforcement Officers' Association and the South Carolina Wildlife Law Enforcement Officers Association.
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. QUINN explained the amendment.

LEAVE OF ABSENCE

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

Rep. QUINN continued speaking.
The amendment was then adopted by a division vote of 40 to 28.

Rep. COBB-HUNTER proposed the following Amendment No. 81 (Doc Name housedesk\council\gjk\amend\20402std99.doc):
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered SECTION to read:

/SECTION ____

TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1605 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE


Printed Page 1393 . . . . . Thursday, March 18, 1999

RETIREMENT SYSTEM WITHOUT THE LOSS OF RETIREMENT BENEFITS DOES NOT APPLY TO THE EARNINGS OF A RETIRED TEACHER UNDER CERTAIN CONDITIONS.
The 1976 Code is amended by adding:

"Section 9-1-1605.   (A)   Notwithstanding any other provision of law, the limitation on the amount of earnings in any fiscal year a retiree may receive from a covered employer under the State Retirement System without the loss of retirement benefits does not apply to the earnings a retired teacher who is certified to teach in South Carolina receives if:

(1)   teaching in critical need subject areas, critical need school districts, or critical rural schools as defined by the State Department of Education; or

(2)   teaching in an impaired school or in a school or school district which currently is rated as 'unsatisfactory' or 'below average' under the Education Accountability Act of 1998.

(B)   The provisions of this section are supplemental and in addition to the provisions of Section 9-1-1600."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.

POINT OF ORDER

Rep. EASTERDAY raised a Point of Order that Amendment No. 81 was out of order in that it was not germane to the Bill under Rule 5.3B.

Rep. COBB-HUNTER argued contra.

SPEAKER WILKINS overruled the Point of Order.

POINT OF ORDER

Rep. KELLEY raised a Point of Order that Amendment No. 81 was out of order in that it violated the Equal Protection Clause.

SPEAKER WILKINS stated that as the Speaker of the House he could rule on procedural constitutional matters, but could not rule on substantive constitutional matters. He further stated that the Equal Protection Clause was a substantive constitutional matter. He therefore overruled the Point of Order.

Rep. COBB-HUNTER continued speaking.
Rep. COBB-HUNTER moved to adjourn debate on the amendment, which was agreed to.


Printed Page 1394 . . . . . Thursday, March 18, 1999

Rep. COBB-HUNTER proposed the following Amendment No. 82 (Doc Name housedesk\council\gjk\amend\20399std99.doc), which was adopted.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered SECTION to read:

/ SECTION ______

TO AMEND SECTION 59-20-60, AS AMENDED, OF THE 1976 CODE, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT AND THE EDUCATION FINANCE REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE SHALL STUDY THE FUNDING FORMULAS FOR PUBLIC EDUCATION IN THIS STATE TO DETERMINE IF THEY ARE ADEQUATE AND EQUITABLE AND ALSO THE ISSUE OF UNFUNDED MANDATES CAUSED BY NEW EDUCATIONAL INITIATIVES.
Section 59-20-60(10) of the 1976 Code is amended to read:

"(10)   A twelve-member Education Finance Review Committee must be established to advise the General Assembly and review its implementation of this chapter. This advice and review may include, but not be limited to:

(a)   the cost of the defined minimum program;

(b)   provisions included in the defined minimum program;

(c)   the pupil classification weights in Section 59-20-40;

(d)   the formula for computing required local effort;

(e)   the ongoing evaluation of the education program needs of the school districts.

The committee must shall be made up of three representatives from each of the following committees of the General Assembly - : Senate Education, Senate Finance, House Education and Public Works, and House Ways and Means - appointed by each respective chairman. The committee shall seek the advice of professional educators and all other interested persons when formulating its recommendations.

The committee also shall study the funding formulas for public education in this State to determine if they are adequate and equitable and the issue of unfunded mandates caused by new educational initiatives. These unfunded mandates include, but are not limited to, such things as the need for additional summer school, alternative schools, and more preparation time required for teachers. The committee's findings shall be compiled in a report to be presented to the General Assembly by January 15, 2000."/
Renumber sections to conform.


Printed Page 1395 . . . . . Thursday, March 18, 1999

Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.

Rep. COBB-HUNTER proposed the following Amendment No. 83 (Doc Name housedesk\council\gjk\amend\20400std99.doc), which was adopted.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered SECTION to read:

/SECTION ______

TO AMEND THE 1976 CODE BY ADDING SECTION 59-26-35 SO AS TO PROVIDE THAT A PERSON NOT CERTIFIED TO TEACH IN THIS STATE WHO POSSESSES PECULIAR EXPERTISE IN A SUBJECT AREA OF CRITICAL NEED AS DETERMINED BY THE STATE DEPARTMENT OF EDUCATION OR WHO HAS PECULIAR KNOWLEDGE AND EXPERTISE NECESSARY TO TEACH A VOCATIONAL SKILL MAY BE AWARDED A CONDITIONAL TEACHING CERTIFICATE FOR UP TO THREE YEARS UNDER CERTAIN CONDITIONS.

The 1976 Code is amended by adding:

"Section 59-26-35.   A person not certified to teach in this State who possesses peculiar expertise in a subject area of critical need as determined by the State Department of Education or who in vocational areas has peculiar knowledge and expertise in the skills and abilities necessary to perform that vocation may be awarded a conditional teaching certificate to teach that subject of critical need or that particular vocation. The expertise required for this conditional certification must be specified by the State Board of Education. The state board may renew such a conditional teaching certificate annually for a maximum of three years, if the holder of the certificate shows satisfactory progress toward completion of a teacher certification program prescribed by the board. Satisfactory progress is that progress that the holder of a conditional certificate should complete in order to meet the requirements for full certification within three years of being conditionally certified."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.
The amendment was then adopted.


Printed Page 1396 . . . . . Thursday, March 18, 1999

Rep. Scott proposed the following Amendment No. 137 (Doc Name COUNCIL\PSD\AMEND\7304JM99), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding the following appropriately-numbered SECTION to read:
/   SECTION _____
TO AMEND SECTION 1-23-500, AS AMENDED, OF THE 1976 CODE, RELATING TO THE CREATION OF THE SOUTH CAROLINA ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO DELETE THE PROVISION THAT THE ADMINISTRATIVE LAW JUDGES SHALL BE PART OF THE STATE EMPLOYEE RETIREMENT SYSTEM; AND TO AMEND SECTION 9-8-10, RELATING TO DEFINITIONS UNDER THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO PROVIDE THAT THE DEFINITION OF "JUDGE" INCLUDES A JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS.
A.   Section 1-23-500(A) of the 1976 Code, as added by Section 19 of Act 181 of 1993, and amended by Section 9 of Act 452 of 1994, is further amended to read:

"(A)   There is created the South Carolina Administrative Law Judge Division, which is an agency of the executive branch of the government of this State. Effective March 1, 1994, the The division shall initially consist consists of three administrative law judges and shall consist of a total of a total of consists of six administrative law judges, effective on February 1, 1995. The administrative law judges shall be part of the state employees retirement system."
B.   Section 9-8-10(16) of the 1976 Code is amended to read:

"(16)   'Judge' means a justice of the Supreme Court, or a judge of the court of appeals, circuit or family court, or of the administrative Law Judge division of the State of South Carolina this State."
C.   This section takes effect June 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.

Rep. SCOTT explained the amendment.


Printed Page 1397 . . . . . Thursday, March 18, 1999

POINT OF ORDER

Rep. KIRSH raised a Point of Order that Amendment No. 137 was out of order in that it was not germane to the Bill under Rule 5.3B.

Rep. SCOTT argued contra.

Rep. QUINN argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. SCOTT continued speaking.
Rep. KIRSH moved to table the amendment.

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

Yeas 56; Nays 39

Those who voted in the affirmative are:

Allison                Askins                 Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Carnell
Chellis                Cotty                  Dantzler
Edge                   Emory                  Fleming
Gamble                 Gilham                 Harrell
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Limehouse
Littlejohn             Lucas                  Martin
Mason                  McLeod W.              Miller
Neilson                Ott                    Phillips
Rice                   Rodgers                Sandifer
Seithel                Sheheen                Simrill
Smith R.               Stille                 Stuart
Taylor                 Townsend               Trotter
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Witherspoon
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Altman                 Bales                  Breeland
Brown H.               Brown J.               Campsen
Cato                   Clyburn                Easterday

Printed Page 1398 . . . . . Thursday, March 18, 1999

Govan                  Harris                 Harrison
Harvin                 Haskins                Hayes
Hines J.               Hines M.               Howard
Jennings               Kennedy                Lee
Lloyd                  Loftis                 Lourie
Mack                   Maddox                 McCraw
McGee                  McMahand               Moody-Lawrence
Parks                  Pinckney               Quinn
Riser                  Scott                  Smith J.
Tripp                  Vaughn                 Wilkins

Total--39

So, the amendment was tabled.

STATEMENT FOR THE JOURNAL

I was out of the chamber when the vote on Amendment Number 137 was taken. Had I not been away from my desk, I would have voted to table Amendment Number 137.

Rep. ALFRED ROBINSON, JR.

Rep. ALTMAN proposed the following Amendment No. 141 to (Doc Name COUNCIL\KGH\AMEND\15436HTC99), which was ruled out of order.
Amend the bill, as and if amended, in Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:

/ SECTION   ____

POSTPONING TO PROPERTY TAX YEAR 2001 THE IMPLEMENTATION OF REVISED VALUES OF REAL PROPERTY RESULTING FROM A COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM COMPLETED IN 1998 OR 1999.
Notwithstanding the provisions of Section 12-43-217 of the 1976 Code, the implementation of revised real property values resulting from a countywide reassessment and equalization program completed in 1998 or 1999 is postponed until property tax year 2001. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN explained the amendment.


Printed Page 1399 . . . . . Thursday, March 18, 1999

POINT OF ORDER

Rep. EMORY raised a Point of Order that Amendment No. 141 was out of order in that it was not germane to the Bill under Rule 5.3B.

Rep. HARRELL argued contra.

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

Rep. ALTMAN proposed the following Amendment No. 142 (Doc Name COUNCIL\KGH\AMEND\15439HTC99), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new SECTION at the end, appropriately numbered, to read:

/ SECTION   ____

TO AMEND SECTION 12-37-220, AS AMENDED, OF THE 1976 CODE, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT AN AMOUNT OF FAIR MARKET VALUE OF REAL PROPERTY SUFFICIENT TO LIMIT TO FIFTEEN PERCENT INCREASES IN THE VALUE OF SUCH PROPERTY ATTRIBUTABLE TO COUNTYWIDE APPRAISAL AND EQUALIZATION PROGRAMS, TO EXCLUDE IMPROVEMENTS FROM THE EXEMPTION, TO PROVIDE THAT THE EXEMPTION IS NOT TRANSFERRED WITH THE PROPERTY, TO INCLUDE AMOUNTS EXEMPTED IN THE CALCULATION OF BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE FOR THE APPLICATION OF THIS EXEMPTION BY LOCAL ORDINANCE FOR EQUALIZATION PLANS IMPLEMENTED IN 1998.
A.   Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:

"( )(a)   An amount of fair market value of a parcel of real property located in the county sufficient to limit to fifteen percent any valuation increase attributable to the implementation of a countywide appraisal and equalization program. The exemption allowed by this item does not apply to real property valued for property tax purposes by the unit valuation method, nor does it apply to value attributable to permanent improvements made to the real property at any time after the implementation of the most recently completed countywide equalization program. If the real property is transferred, this exemption is not transferred with the property. The value of the property in the hands of the transferee is the value of the property as determined by law without the exemption allowed the transferor by this item.


Printed Page 1400 . . . . . Thursday, March 18, 1999

(b)   In the case of real property classified pursuant to Section 12-43-220(c), a transfer is deemed not to have occurred for purposes of this item if the transfer is one of the following:

(i)   between spouses;

(ii)   from a deceased spouse to a surviving spouse by devise or operation of law;

(iii)   in any manner in which the surviving spouse retains the property tax exemption allowed pursuant to Section 12-37-250 or would have retained the exemption but for the age of the surviving spouse;

(iv)   to a former spouse pursuant to equitable distribution arising out of the dissolution of a marriage.

(c)   In the case of all real property other than as provided in subitem (b) of this item, a transfer is deemed not to have occurred for purposes of this item if the transfer is a transaction in which gain is not recognized and is described in Section 351, 355, 368, or 721 of the Internal Revenue Code of 1986, as defined in Section 12-6-40(A).

(d)   Notwithstanding any other provision of law, the assessed value of property exempted from property tax by this item is considered taxable property for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the index of taxpaying ability pursuant to Section 59-20-20(3)."
B.   This section is effective for increases in value of real property attributable to countywide appraisal and equalization programs implemented after 1998. However, the governing body of a county by ordinance may provide that this act applies for increases in value of real property attributable to a countywide appraisal and equalization program implemented in the county after 1997, but no refund of property tax is due because of the exemption allowed by the ordinance. In a county in which such an ordinance is enacted, the rollback millage calculated pursuant to Section 12-37-251(E) for the 1998 property tax year must be recalculated to reflect values exempted by this act, and this recalculated rollback millage applies for purposes of Section 6-1-320 for property tax years beginning after 1998, except for motor vehicle tax years beginning in 1999, in which case the 1998 millage applies. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ALTMAN explained the amendment.


Printed Page 1401 . . . . . Thursday, March 18, 1999

POINT OF ORDER

Rep. WALKER raised a Point of Order that Amendment No. 142 was out of order in that it was not germane to the Bill.

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

Reps. BAILEY, HARRIS, HAYES and JENNINGS proposed the following Amendment No. 145 (Doc Name PSD\7302JM99), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding the following appropriately numbered SECTION to read:

/   SECTION _____

TO AMEND SECTION 9-8-50 OF THE 1976 CODE, RELATING TO CREDITED SERVICE FOR THE PURPOSE OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO REVISE THE DATE AFTER WHICH SERVICE CREDIT MAY NOT BE ESTABLISHED IN THAT RETIREMENT SYSTEM FOR ACTIVE MILITARY SERVICE.
A.   Section 9-8-50(3) of the 1976 Code is amended to read:

"(3)   Any A member with two or more years of credited service shall receive additional credited service for the period of his active military service, at the rate of one year of military service for each two years of his credited service excluding any period of credited military service, if he was discharged or separated from the military service under conditions other than dishonorable, and pays to the system, by a single payment prior to before his retirement or death or by such other method as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be credited had he been employed in the position he held immediately prior to before the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to before his becoming a member of the system, such payments shall must be determined on the basis of what a member in the position contributed for the same period of time plus interest. No member shall receive credit for more than six years of military service and such duty


Printed Page 1402 . . . . . Thursday, March 18, 1999

performed subsequent to July 1, 1974, after 1977 shall is not be creditable."
B.   This section applies with respect to active military service established in the Retirement System for Judges and Solicitors on and after that date.   /
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. NEAL, EMORY, BALES, PARKS, LLOYD, LEE and SCOTT proposed the following Amendment No. 171 (Doc Name housedesk\council\dka\amend\3302mm99.doc), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 59-5-135 SO AS TO ESTABLISH WITHIN THE DEPARTMENT OF EDUCATION THE GOVERNOR'S INSTITUTE OF READING AND TO PROVIDE FOR THE FUNCTIONS OF THE INSTITUTE AND ITS FUNDING.
The 1976 Code is amended by adding:

"Section 59-5-135.   (A)   The General Assembly finds that:

(1)   reading is the most important academic skill and the basis for success in school and work;

(2)   test results indicate that a significant portion of South Carolina students score below the fiftieth percentile on nationally normed achievement tests; and

(3)   it is necessary and proper to establish a comprehensive long-term commitment to improve reading as well as overall academic performance.

(B)     There is created within the State Department of Education the Governor's Institute of Reading. The purpose of the institute is to create a collaborative effort to mobilize education, business, and community resources to ensure that all children learn to read independently and well by the end of the third grade. The Governor's Institute of Reading is based upon a collaborative effort of education professionals and reading experts and designed to promote reading in every school district. To accomplish this mission, the institute shall:

(1)   review the best practices in the teaching of reading;


Printed Page 1403 . . . . . Thursday, March 18, 1999

(2)   provide teachers with professional development and support for implementing best practices in the teaching of reading; and

(3)   award competitive grants to school districts for designing and providing a comprehensive approach to reading instruction based on best practices.

The State Board of Education shall develop guidelines for administering and allocating funds for the Governor's Institute of Reading. Grants must be awarded, beginning with fiscal year 1999-2000, to districts for implementing programs designed to achieve exemplary reading. The department may carry forward any unexpended appropriations to be used for this same purpose from fiscal year to fiscal year." /
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. VAUGHN, LEACH and LOFTIS proposed the following Amendment No. 176 (Doc Name council\gjk\20417STD99.doc), which was tabled.
Amend the bill, as and if amended, in PART II by adding a new SECTION appropriately numbered to read:

/SECTION____

TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 68 SO AS TO AUTHORIZE A PROGRAM OF OPEN ENROLLMENT FOR STUDENTS IN GRADES K-12 UNDER SPECIFIED CONDITIONS AND REQUIREMENTS AND TO PROVIDE THAT THE EDUCATION FINANCE ACT AND THE EDUCATIONAL IMPROVEMENT ACT FUNDS SHALL BE DISTRIBUTED BEGINNING WITH FISCAL YEAR 1999-2000 TO SCHOOL DISTRICTS WHICH ACCEPT ADDITIONAL STUDENTS UNDER THE OPEN ENROLLMENT PROGRAM ESTABLISHED ABOVE IN THE MANNER SPECIFIED.
(1)     The General Assembly finds that the students in South Carolina's schools and their parents will become more informed about and more involved in the educational system if students and their parents are provided greater freedom to determine the most effective school for meeting their individual educational needs. There is no "right" school for every student and permitting students to choose from among


Printed Page 1404 . . . . . Thursday, March 18, 1999

different schools with differing assets will increase the likelihood that some marginal students stay in school and that other, more motivated students, fulfill their full academic potential.

The General Assembly further finds that giving more options to parents and students regarding where they attend school will increase the responsiveness and effectiveness of the state's schools since teachers, administrators, and school board members will have added incentive to satisfy the educational needs of students.

The General Assembly finds that these benefits of enhanced quality and effectiveness in our schools justify permitting a student to apply for admission to any school of his choice in the manner provided in this section.
(2)   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 68
Open Enrollment

Section 59-68-10.   This chapter may be cited as the 'South Carolina Open Enrollment Act of 1999'.

Section 59-68-20.   A school open enrollment program is established to enable a pupil to attend a school in his district or in a district in which the pupil does not reside, subject to the restrictions contained in this chapter.

Section 59-68-30.   As used in this chapter:

(1)   'Parent' means the natural or adoptive parent or legal guardian of a dependent child.

(2)   'Private school' means a school that is not maintained with public funds, that charges tuition or fees for the services it provides, and that is in compliance with the laws of this State.

(3)   'Public school' means a school operated by publicly elected or appointed school officials in which the program and activities are under the control of these officials and which is supported by public funds.

(4)   'Resident school district' means a geographical area surrounding a public school from which students are assigned.

(5)   'School' means a school that is authorized to provide elementary or secondary education, or both, under state law.

Section 59-68-40.   In order to achieve the purpose of this chapter, the State Board of Education shall develop and the State Department of Education shall carry out a program in which the parent of each school-age child may choose for that child to attend a participating school selected by the child's parent in accordance with this chapter.


Printed Page 1405 . . . . . Thursday, March 18, 1999

Section 59-68-50.   (A)   Each public school in the State must be a participating school. The responsible officials for each private school shall decide whether that school shall become a participating school.

(B)   Subject to the provisions of subsection (C), a participating school shall admit children who apply, up to the limit of the school's capacity, after reserving places for children admitted in accordance with the school's regular admissions practices.

(C)(1)   A participating school shall establish criteria for the admission of children consistent with the admissions criteria it regularly applies.

(2)   In the case of a participating public school, the district school board shall establish criteria for the equitable allocation of places for children if there are insufficient places to serve all children requesting places.

Section 59-68-60.   A participating school shall enter into an agreement with the State Department of Education. The agreement must provide that the participating school furnish a child an education equivalent to that provided to all other children in the school when a child is accepted at the school, and, if applicable, pays a supplementary tuition to satisfy any remainder of a participating school's tuition.

Section 59-68-70.     (A)       If a student attends a public school which is not in his attendance area, the district shall adjust any monetary differences between the two schools. If a student attends a public school outside his resident district or a private school, his resident school district shall reimburse that district or private school for the cost of his attendance which shall be defined as the state portion of the base student cost for that student as determined by the State Department of Education based upon the Education Finance Act weighting, but no reimbursement may be made for more than the amount of the tuition and fees regularly charged by the participating school providing the educational services, if any.

(B)   Nothing herein prohibits a local school district where a pupil resides from allocating the local base student cost for that student to another district or private school where that student is enrolled.

Section 59-68-80.   Before a pupil may attend a school in a nonresident district, the pupil's parent or guardian must submit an application to the nonresident district. This application must be postmarked or received not later than February first of the year in which the pupil would begin the fall semester at the nonresident district.

Section 59-68-90.   The school board of a participating district shall adopt, by resolution, specific standards for acceptance and rejection of


Printed Page 1406 . . . . . Thursday, March 18, 1999

applications. Standards may include the capacity of a program, class, grade level, or school building. Nothing in this chapter requires a school district to add teachers or classrooms or in any way exceed the requirements and standards established by existing law. Standards may not include an applicant's previous academic achievement, athletic or other extracurricular ability, handicapping conditions, English proficiency level, or previous disciplinary proceedings.

Section 59-68-100.     Within sixty days of the receipt of an application from a nonresident pupil seeking admission under the terms of this chapter, a participating district shall notify the parent or guardian and the resident district in writing as to whether the pupil's application has been accepted or rejected. If an application is rejected, the nonresident district shall state in the notification letter the reasons for rejection.

Section 59-68-110.   Except as otherwise provided herein, the responsibility for transportation for a nonresident pupil must be borne by the pupil. The resident district may transport the student to the district boundary or to a point agreeable to the parent or the nonresident district within either the resident or nonresident district and count that student in the resident district's enrollment for transportation funding purposes only. The nonresident district may provide transportation from the resident district's boundary or from a point agreeable with the parent or the resident district within either the resident or nonresident district to a school in the nonresident district and count that student in the nonresident district's enrollment for transportation funding purposes only.

Section 59-68-120.   A nonresident district shall accept credits toward graduation that were awarded by another district.

Section 59-68-130.   Except as otherwise provided in Section 59-68-70, for purposes of the Education Finance Act (EFA), the Educational Improvement Act (EIA), and other applicable provisions of law, the nonresident student must be counted as a part of the average daily enrollment of the district to which the student has transferred. All add-on weightings generated by the student must also be transferred to the district of attendance.

Section 59-68-140.   The provisions of this chapter and all pupil choice options created hereby are subject to the following limitations:

(1)   No student may transfer to a nonresident district where the percentage of enrollment for the student's race, plus or minus five percent, exceeds that percentage in his resident district.


Printed Page 1407 . . . . . Thursday, March 18, 1999

(2)   In any instance where the provisions of item (1) would result in a conflict with a desegregation court order, the terms of the order govern.

Section 59-68-150.   A student who transfers to a nonresident district is not eligible for interscholastic athletic competition for one year from the date of the beginning of the transfer.

Section 59-68-160.   The State Board of Education may promulgate regulations necessary to implement the provisions of this chapter and is further authorized to resolve disputes arising under Sections 59-68-70 through 59-68-110 of this chapter.

Section 59-68-170.   The provisions of this chapter are supplemental to other provisions and requirements of law relating to school attendance of pupils."
(3)   This section takes effect upon approval by the Governor and is applicable beginning with the 2000-2001 school year. EFA and EIA funds must be distributed to school districts beginning with fiscal year 1999-2000 and shall be transmitted to school districts accepting these additional pupils in the manner Chapter 68 of Title 59 of the 1976 Code as herein contained directs./
Renumber sections to conform.
Amend totals and title to conform.

Rep. VAUGHN explained the amendment.
Rep. MOODY-LAWRENCE spoke against the amendment.
Rep. HAYES spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.

POINT OF ORDER

Rep. CANTY raised a Point of Order that Amendment No. 176 was out of order in that it was not germane to the Bill under Rule 5.3B.

SPEAKER WILKINS overruled the Point of Order.

Rep. EASTERDAY continued speaking.
Rep. MOODY-LAWRENCE moved to table the amendment.

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

Yeas 66; Nays 46


Printed Page 1408 . . . . . Thursday, March 18, 1999

Those who voted in the affirmative are:
Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Battle                 Breeland               Brown G.
Brown J.               Brown T.               Canty
Carnell                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Emory
Gilham                 Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Hines M.               Hinson
Howard                 Jennings               Kennedy
Kirsh                  Law                    Lee
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rodgers                Rutherford
Scott                  Sheheen                Smith J.
Stille                 Stuart                 Taylor
Townsend               Trotter                Walker
Webb                   Whipper                Wilder

Total--66

Those who voted in the negative are:

Altman                 Barrett                Bauer
Beck                   Bowers                 Brown H.
Campsen                Cato                   Chellis
Cooper                 Delleney               Easterday
Edge                   Gamble                 Hamilton
Harrell                Harrison               Haskins
Keegan                 Kelley                 Knotts
Koon                   Lanford                Leach
Limehouse              Littlejohn             Loftis
Mason                  McGee                  Quinn
Rice                   Riser                  Robinson
Sandifer               Seithel                Sharpe
Simrill                Smith D.               Smith R.
Tripp                  Vaughn                 Whatley

Printed Page 1409 . . . . . Thursday, March 18, 1999

Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--46

So, the amendment was tabled.

Rep. YOUNG-BRICKELL proposed the following Amendment No. 185 (Doc Name housedesk\council\ggs\amend\22235cm99.doc), which was adopted.
Amend the bill, as and if amended, PART II, by adding the following appropriately numbered section:

/ SECTION ____

To amend the 1976 Code by adding Section 23-3-175 so as to provide that the State Law Enforcement Division Vehicle Theft Unit may conduct inspections of a junkyard, scrap metal processing facility, salvage yard, and other facilities that relate to motor vehicles in the presence of a facility's employee or owner for the purpose of locating a stolen vehicle or to investigate the titling or registration of wrecked or dismantled vehicles.
A.   The 1976 Code is amended by adding:

"Section 23-3-175.   The State Law Enforcement Division Vehicle Theft Unit is authorized to inspect a junkyard, scrap metal processing facility, salvage yard, repair shop, licensed business buying, selling, displaying, or trading new or used motor vehicles or parts of motor vehicles, parking lots, and public garages, or a person dealing with salvaged motor vehicles or parts of them.

The physical inspection must be conducted while an employee or owner of the facility is present and must be for the purpose of locating stolen motor vehicles or investigating titling or registration of motor vehicles wrecked or dismantled." /
B.   This section takes effect July 1, 1999.
Renumber sections to conform.
Amend totals and title to conform.

Rep. YOUNG-BRICKELL explained the amendment.
The amendment was then adopted.


Printed Page 1410 . . . . . Thursday, March 18, 1999

MOTION NOTED

Rep. RISER moved to reconsider the vote whereby Amendment No. 31 was adopted in Section 13, Part II and the motion was noted.

MOTION NOTED

Rep. J. SMITH moved to reconsider the vote whereby Section 67 was adopted, Part IA, and the motion was noted.

Reps. SHEHEEN and DELLENEY proposed the following Amendment No. 189 (Doc Name council\dka\3303mm99.doc), which was rejected.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:

/ SECTION __

TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, AS AMENDED, OF THE 1976 CODE, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING AND PROVIDE FOR THE ENFORCEMENT OF THIS SECTION, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; AND TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH


Printed Page 1411 . . . . . Thursday, March 18, 1999

VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.
A.   Section 12-21-2710 of the 1976 Code, as amended by Act 155 of 1997, is further amended to read:

"Section 12-21-2710.   It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical requirements provided for in Section 12-21-2782 and Section 12-21-2783, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both. The Department of Revenue, the State Law Enforcement Division, and other law enforcement agencies having appropriate jurisdiction shall enforce the provisions of this section."
B.   Section 12-21-2712 of the 1976 Code is amended to read:

"Section 12-21-2712.     Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by Section 12-21-2710 must be seized by any officer of the law law enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if he is satisfied that it is in violation of Section 12-21-2710 or


Printed Page 1412 . . . . . Thursday, March 18, 1999

any other law of this State, he shall direct that it be immediately destroyed."
C.   Section 12-21-2720(A)(3) of the 1976 Code, as last amended by Section 148, Act 181 of 1993, is further amended to read:

"(3)   a machine of the nonpayout type, or in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."
D.   Section 12-21-2720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

"(C)   The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."
E.   Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F), which read:

"(E)   The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.

(F)   Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate."
F.   Section 12-21-2726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 12-21-2726.   Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12-21-2774 and 12-21-2776, each machine licensed pursuant to this section must be operated in a stand-alone fashion and may not be linked in any way to another coin-operated machine or device."


Printed Page 1413 . . . . . Thursday, March 18, 1999

G.   Section 12-54-40 of the 1976 Code, as last amended by Act 387 of 1998, is further amended by deleting subsection (M) which reads:

"(M)   A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."
H.   Section 16-19-40 of the 1976 Code is amended to read:

"Section 16-19-40.     If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank or (f) any other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts or whist, or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or shall suffer a fine of fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense."
I.   Section 16-19-50 of the 1976 Code is amended to read:

"Section 16-19-50.     Any person who shall set up, keep or use any (a) gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (b) roley-poley table, (c) table to play at rouge et noir, (d) faro bank or (e) any other gaming table or bank of the like kind or of any other kind for the purpose of gaming, or (f) any machine or device licensed pursuant


Printed Page 1414 . . . . . Thursday, March 18, 1999

to Section 12-21-2720 and used for gambling purposes except the games of billiards, bowls, chess, draughts and backgammon, upon being convicted thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars and not less than two hundred dollars."
J.   Of the funds appropriated to the Employment Security Commission under the Unemployment Insurance Program for other operating expenses, the Commission shall provide assistance to employees of owners or operators of any coin-operated devices who lose their jobs as a result of the loss of revenue caused by this act. Assistance provided shall include individualized re-employment services such as job counseling, job search, and placement of those who have transferable job skills. For those who do not have transferable job skills, occupational training must be made available at no cost to the individuals.
K.   Sections 12-21-2703, 16-19-60, and Article 20, Chapter 21 of Title 12, all of the 1976 Code are repealed.
L.   Section J takes effect July 1, 1999, the remaining sections take effect June 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. SHEHEEN explained the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. DELLENEY spoke in favor of the amendment.
Rep. CANTY spoke in favor of the amendment.
Rep. CANTY spoke in favor of the amendment.

LEAVE OF ABSENCE

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

Rep. CANTY continued speaking.
Rep. EMORY spoke in favor of the amendment.
Rep. NEAL spoke in favor of the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. KNOTTS moved to table the amendment.

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

Yeas 56; Nays 60


Printed Page 1415 . . . . . Thursday, March 18, 1999

Those who voted in the affirmative are:
Allen                  Allison                Askins
Bailey                 Barfield               Battle
Bauer                  Bowers                 Breeland
Brown G.               Brown H.               Brown T.
Chellis                Cotty                  Dantzler
Edge                   Harrell                Harrison
Harvin                 Hayes                  Hines J.
Hinson                 Howard                 Keegan
Kelley                 Kennedy                Knotts
Lanford                Law                    Lee
Limehouse              Lloyd                  Lourie
Mack                   Maddox                 McLeod M.
McLeod W.              Ott                    Quinn
Rhoad                  Rodgers                Rutherford
Sandifer               Scott                  Smith D.
Smith J.               Stuart                 Taylor
Walker                 Webb                   Whatley
Whipper                Wilkes                 Wilkins
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Altman                 Bales                  Barrett
Beck                   Brown J.               Campsen
Canty                  Carnell                Cato
Clyburn                Cobb-Hunter            Cooper
Delleney               Easterday              Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harris                 Haskins                Hawkins
Hines M.               Jennings               Kirsh
Klauber                Koon                   Leach
Littlejohn             Loftis                 Lucas
Martin                 Mason                  McCraw
McGee                  McMahand               Miller
Moody-Lawrence         Neal                   Neilson
Parks                  Phillips               Pinckney
Rice                   Riser                  Robinson
Sharpe                 Sheheen                Simrill

Printed Page 1416 . . . . . Thursday, March 18, 1999

Smith F.               Smith R.               Stille
Townsend               Tripp                  Trotter
Vaughn                 Wilder                 Witherspoon

Total--60

So, the House refused to table the amendment.

Rep. H. BROWN spoke against the amendment.
Rep. HAWKINS spoke in favor of the amendment.
Rep. HAMILTON spoke in favor of the amendment.
Rep. MCGEE spoke in favor of the amendment.
Rep. COBB-HUNTER spoke against of the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. RODGERS spoke against the amendment.
Rep. HARRIS spoke in favor of the amendment.
Rep. ROBINSON spoke in favor of the amendment.
Rep. CAMPSEN spoke in favor of the amendment.
Rep. LUCAS spoke in favor of the amendment.
Rep. KIRSH spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 56; Nays 58

Those who voted in the affirmative are:

Altman                 Barrett                Beck
Brown J.               Brown T.               Campsen
Canty                  Carnell                Cato
Delleney               Easterday              Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harris                 Haskins                Hawkins
Hines J.               Hines M.               Jennings
Kirsh                  Klauber                Koon
Leach                  Littlejohn             Loftis
Lucas                  Martin                 Mason
McCraw                 McGee                  McMahand

Printed Page 1417 . . . . . Thursday, March 18, 1999

Moody-Lawrence         Neal                   Neilson
Phillips               Pinckney               Rice
Riser                  Scott                  Sharpe
Sheheen                Simrill                Smith F.
Smith R.               Stille                 Tripp
Trotter                Vaughn                 Webb
Wilder                 Witherspoon

Total--56

Those who voted in the negative are:

Allen                  Allison                Askins
Bailey                 Barfield               Battle
Bauer                  Bowers                 Breeland
Brown G.               Brown H.               Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Edge                   Harrell
Harrison               Harvin                 Hayes
Hinson                 Howard                 Keegan
Kelley                 Kennedy                Knotts
Lanford                Law                    Lee
Limehouse              Lloyd                  Lourie
Mack                   Maddox                 McLeod M.
McLeod W.              Miller                 Ott
Quinn                  Rhoad                  Robinson
Rodgers                Rutherford             Sandifer
Seithel                Smith D.               Smith J.
Stuart                 Taylor                 Townsend
Walker                 Whatley                Whipper
Wilkes                 Wilkins                Woodrum
Young-Brickell

Total--58

So, the amendment was rejected.

STATEMENT FOR THE JOURNAL

I supported the ban on video poker last year in the S.C. House. All along, I suspected that the S.C. Senate would fail to do what was right. Sadly, another year has passed, the industry continues to be unregulated and unchecked. While the right thing to do might be to


Printed Page 1418 . . . . . Thursday, March 18, 1999

once again support this ban, the end would be the same...an unregulated industry. Why? Because the make up of the Senate is absolutely the same and their position will not change until their composition does.

Rep. DOUG SMITH

STATEMENT FOR THE JOURNAL

I did not vote for Amendment Number 189 which would ban video poker. In the past, I have voted to ban video poker. The reasons I did not vote for Amendment Number 189 are several. First is that the House of Representatives, including me, voted to ban video poker last year but these proposals were never voted on by the Senate. I am convinced that the Senate will not consider a video poker ban in the budget and, hence, it is of no use. Also, it is my opinion that the November 1999 elections contain at least 2 messages. One is that the citizens of South Carolina want to vote on whether South Carolina should have a state-run lottery. The other is that, while some of us may have attempted to ban video poker, the citizens of South Carolina want to vote on this issue as well. While I do not favor referendums, since we are elected to represent the citizens of South Carolina, it is my opinion that we should give them this opportunity.

Rep. ALFRED ROBINSON JR.

AMENDMENT NO. 189-RECONSIDERED AND REJECTED

Rep. SANDIFER moved to reconsider the vote whereby Amendment No. 189 was rejected.
Rep. LAW moved to table the motion to reconsider.

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

Yeas 56; Nays 59

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Barfield               Battle
Breeland               Brown G.               Brown H.
Chellis                Cobb-Hunter            Cooper
Cotty                  Dantzler               Edge
Harrell                Harrison               Harvin
Hayes                  Hinson                 Howard
Keegan                 Kelley                 Kennedy

Printed Page 1419 . . . . . Thursday, March 18, 1999

Knotts                 Lanford                Law
Lee                    Limehouse              Lloyd
Lourie                 Mack                   Maddox
McGee                  McLeod M.              McLeod W.
Miller                 Ott                    Quinn
Rhoad                  Riser                  Rodgers
Rutherford             Sandifer               Seithel
Smith D.               Smith J.               Stuart
Taylor                 Townsend               Whatley
Whipper                Wilkes                 Wilkins
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Altman                 Barrett                Bauer
Beck                   Bowers                 Brown J.
Campsen                Canty                  Carnell
Cato                   Clyburn                Delleney
Easterday              Emory                  Fleming
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harris
Haskins                Hawkins                Hines J.
Hines M.               Jennings               Kirsh
Klauber                Koon                   Leach
Littlejohn             Loftis                 Lucas
Martin                 Mason                  McCraw
McMahand               Moody-Lawrence         Neal
Neilson                Parks                  Phillips
Pinckney               Rice                   Robinson
Scott                  Sharpe                 Sheheen
Simrill                Smith F.               Smith R.
Stille                 Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilder                 Witherspoon

Total--59

So, the House refused to table the motion.


Printed Page 1420 . . . . . Thursday, March 18, 1999

Rep. QUINN moved to adjourn debate on the motion to reconsider.
Rep. HAWKINS moved to table the motion.

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

Yeas 97; Nays 17

Those who voted in the affirmative are:

Allen                  Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Bowers                 Brown J.
Brown T.               Campsen                Canty
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hines J.               Hines M.               Hinson
Howard                 Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Littlejohn             Lloyd                  Loftis
Lucas                  Maddox                 Martin
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Moody-Lawrence         Neal                   Neilson
Ott                    Phillips               Pinckney
Rhoad                  Rice                   Riser
Rodgers                Rutherford             Scott
Seithel                Sheheen                Simrill
Smith F.               Smith R.               Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Whatley                Whipper                Wilder


Printed Page 1421 . . . . . Thursday, March 18, 1999

Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--97

Those who voted in the negative are:

Allison                Breeland               Brown G.
Brown H.               Hayes                  Lee
Limehouse              Lourie                 Mack
Miller                 Quinn                  Robinson
Sandifer               Smith D.               Smith J.
Walker                 Wilkes

Total--17

So, the motion to adjourn debate on the motion to reconsider was tabled.
The question then recurred to the motion to reconsider the vote whereby the amendment was rejected.

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

Yeas 59; Nays 56

Those who voted in the affirmative are:

Altman                 Barrett                Beck
Bowers                 Brown J.               Brown T.
Campsen                Canty                  Carnell
Cato                   Clyburn                Cooper
Delleney               Easterday              Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harris                 Haskins                Hawkins
Hines J.               Hines M.               Jennings
Kirsh                  Klauber                Koon
Leach                  Littlejohn             Loftis
Lucas                  Martin                 Mason
McCraw                 McGee                  McMahand
Moody-Lawrence         Neal                   Neilson
Phillips               Pinckney               Rice

Printed Page 1422 . . . . . Thursday, March 18, 1999

Robinson               Scott                  Sheheen
Simrill                Smith F.               Smith R.
Stille                 Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilder                 Witherspoon

Total--59

Those who voted in the negative are:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Battle                 Bauer                  Breeland
Brown G.               Brown H.               Chellis
Cobb-Hunter            Cotty                  Dantzler
Edge                   Harrell                Harrison
Harvin                 Hayes                  Hinson
Howard                 Keegan                 Kelley
Kennedy                Knotts                 Lanford
Law                    Lee                    Limehouse
Lloyd                  Lourie                 Mack
Maddox                 McLeod M.              McLeod W.
Miller                 Ott                    Quinn
Rhoad                  Riser                  Rodgers
Rutherford             Sandifer               Seithel
Smith D.               Smith J.               Stuart
Taylor                 Townsend               Whatley
Whipper                Wilkes                 Wilkins
Woodrum                Young-Brickell

Total--56

So, the motion to reconsider was agreed to.
The question then recurred to the adoption of the amendment.

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

Yeas 58; Nays 58

Those who voted in the affirmative are:

Altman                 Barrett                Beck
Brown J.               Brown T.               Campsen

Printed Page 1423 . . . . . Thursday, March 18, 1999

Canty                  Carnell                Cato
Cooper                 Delleney               Easterday
Emory                  Fleming                Gamble
Gilham                 Gourdine               Govan
Hamilton               Harris                 Haskins
Hawkins                Hines J.               Hines M.
Jennings               Kirsh                  Klauber
Koon                   Leach                  Littlejohn
Loftis                 Lucas                  Martin
Mason                  McCraw                 McGee
McMahand               Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Pinckney               Rice                   Scott
Sharpe                 Sheheen                Simrill
Smith F.               Smith R.               Stille
Tripp                  Trotter                Vaughn
Walker                 Webb                   Wilder
Witherspoon

Total--58

Those who voted in the negative are:

Allen                  Allison                Askins
Bailey                 Barfield               Battle
Bauer                  Bowers                 Breeland
Brown G.               Brown H.               Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Edge                   Harrell
Harrison               Harvin                 Hayes
Hinson                 Howard                 Keegan
Kelley                 Kennedy                Knotts
Lanford                Law                    Lee
Limehouse              Lloyd                  Lourie
Mack                   Maddox                 McLeod M.
McLeod W.              Miller                 Ott
Quinn                  Rhoad                  Riser
Robinson               Rodgers                Rutherford
Sandifer               Seithel                Smith D.
Smith J.               Stuart                 Taylor
Townsend               Whatley                Whipper


Printed Page 1424 . . . . . Thursday, March 18, 1999

Wilkes                 Wilkins                Woodrum
Young-Brickell

Total--58

So, the amendment was rejected.

STATEMENT FOR THE JOURNAL

I supported the ban on video poker last year in the S.C. House. All along, I suspected that the S.C. Senate would fail to do what was right. Sadly, another year has passed, the industry continues to be unregulated and unchecked. While the right thing to do might be to once again support this ban, the end would be the same...an unregulated industry. Why? Because the make up of the Senate is absolutely the same and their position will not change until their composition does.

Rep. DOUG SMITH

Rep. YOUNG-BRICKELL proposed the following Amendment No. 185 (Doc Name housedesk\council\ggs\amend\22235cm99.doc):
Amend the bill, as and if amended, PART II, by adding the following appropriately numbered section:

/ SECTION ____

To amend the 1976 Code by adding Section 23-3-175 so as to provide that the state law enforcement division vehicle theft unit may conduct inspections of a junkyard, scrap metal processing facility, salvage yard, and other facilities that relate to motor vehicles in the presence of a facility's employee or owner for the purpose of locating a stolen vehicle or to investigate the titling or registration of wrecked or dismantled vehicles.
A.   The 1976 Code is amended by adding:

"Section 23-3-175.   The State Law Enforcement Division Vehicle Theft Unit is authorized to inspect a junkyard, scrap metal processing facility, salvage yard, repair shop, licensed business buying, selling, displaying, or trading new or used motor vehicles or parts of motor vehicles, parking lots, and public garages, or a person dealing with salvaged motor vehicles or parts of them.

The physical inspection must be conducted while an employee or owner of the facility is present and must be for the purpose of locating stolen motor vehicles or investigating titling or registration of motor vehicles wrecked or dismantled." /


Printed Page 1425 . . . . . Thursday, March 18, 1999

B.   This section takes effect July 1, 1999.
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. JENNINGS, QUINN, ALLEN, G. BROWN, TRIPP, BATTLE, RISER, WEBB, MCCRAW, WHATLEY and CLYBURN proposed the following Amendment No. 200 (Doc Name KGH\15457HTC99), which was ruled out of order.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:

/ SECTION   ____

TO AMEND SECTION 1-11-720, AS AMENDED, OF THE 1976 CODE, RELATING TO ENTITIES ELIGIBLE TO PARTICIPATE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO EXTEND ELIGIBILITY TO THE SOUTH CAROLINA STATE EMPLOYEES' ASSOCIATION, THE PALMETTO STATE TEACHERS' ASSOCIATION, THE SOUTH CAROLINA EDUCATION ASSOCIATION, AND THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
A.   Section 1-11-720(A) of the 1976 Code, as last amended by Act 317 of 1998, is further amended by adding appropriately numbered items at the end to read:

"( )   the South Carolina State Employees' Association;

( )   the Palmetto State Teachers' Association;

( )   the South Carolina Education Association;

( )   the South Carolina Association of School Administrators."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. JENNINGS explained the amendment.

POINT OF ORDER

Rep. H. BROWN raised a Point of Order that Amendment No. 200 was out of order in that it was not germane to the Bill under Rule 5.3B.

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


Printed Page 1426 . . . . . Thursday, March 18, 1999

Reps. CAMPSEN, J. SMITH, LOURIE, WOODRUM, SIMRILL and EASTERDAY proposed the following Amendment No. 204 (Doc Name COUNCIL\KGH\AMEND\15464HTC99), which was rejected.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:

/ SECTION   ____

TO ENACT THE "SOUTH CAROLINA CONSERVATION INCENTIVES ACT" BY AMENDING THE 1976 CODE BY ADDING SECTION 12-6-3515 SO AS TO ALLOW AN INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF THE VALUE OF A FEDERAL INCOME TAX CHARITABLE DEDUCTION FOR A QUALIFIED CONSERVATION CONTRIBUTION OF A QUALIFIED REAL PROPERTY INTEREST LOCATED IN THIS STATE, TO PROVIDE A CARRY FORWARD OF UNUSED CREDIT AND MAKE THE UNUSED CREDIT TRANSFERABLE UPON NOTICE TO THE DEPARTMENT OF REVENUE WITH THE CREDIT RETAINING ALL ITS ATTRIBUTES IN THE HANDS OF THE TRANSFEREE, AND TO PROVIDE DEFINITIONS; AND BY ADDING ARTICLE 11 IN CHAPTER 3 OF TITLE 50, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO ESTABLISH THE CONSERVATION GRANT FUND IN THE STATE TREASURY, TO PROVIDE FOR THE PURPOSE, GOVERNANCE, AND SOURCE OF FUNDS FOR THIS FUND INCLUDING THE PROMOTION OF DONATIONS OF CONSERVATION EASEMENTS AND AUTHORIZING THE FUND TO MAKE GRANTS IN FURTHERANCE OF THIS PURPOSE, NOT INCLUDING GRANTS TO PURCHASE ANY INTEREST IN REAL PROPERTY; AND TO AMEND SECTION 62-3-715, AS AMENDED, RELATING TO THE TRANSACTION AUTHORIZED FOR PERSONAL REPRESENTATIVES UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO AUTHORIZE A PERSONAL REPRESENTATIVE OR TRUSTEE, AS APPLICABLE, WITH THE CONSENT OF ALL AFFECTED PARTIES TO MAKE A DONATION OF A QUALIFIED CONSERVATION EASEMENT TO OBTAIN A FEDERAL ESTATE TAX BENEFIT, AND TO PROVIDE FOR THE METHOD TO OBTAIN THE CONSENT OF PERSONS OTHERWISE UNABLE TO GIVE SUCH CONSENT.
A.   This section may be cited as the "South Carolina Conservation Incentives Act."
B.   The General Assembly finds that South Carolina, from the mountains to the sea, is blessed with some of the most beautiful and


Printed Page 1427 . . . . . Thursday, March 18, 1999

pristine natural areas in North America. These diverse and ecologically significant areas warrant creative conservation initiatives if they are to be preserved for the enjoyment and benefit of future generations, and if traditional uses of undeveloped land such as wildlife habitat management, farming, hunting, fishing, and forestry are to be preserved. Absent such initiatives, there is danger that these natural areas and their traditional uses will be lost forever to the pressures of development and urbanization.

The General Assembly further finds that paying deference to property rights while conserving these natural areas is a laudable goal, and that traditional land use planning and regulatory techniques have limited effectiveness in preserving large tracts of undeveloped land. By enacting the "South Carolina Conservation Incentives Act", it is the intent of the General Assembly to provide an income tax credit incentive for landowners to voluntarily convey conservation easements to qualified conservation organizations. Such an incentive for the voluntary conveyance of conservation easements will protect and preserve natural areas and their traditional uses while paying appropriate deference to property rights, expending no state funds, and keeping property in the private sector and on property tax rolls.
C.   Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3515.   (A)   A taxpayer who has claimed on the taxpayer's federal income tax return a charitable deduction for a qualified conservation contribution on a qualified real property interest located in this State is allowed a credit against a tax imposed by this chapter in an amount equal to twenty-five percent of the value of the easement attributable to the qualified real property interest located in this State. If the amount of the credit exceeds the taxpayer's tax liability under this chapter for a taxable year, the excess credit may be carried for succeeding taxable years until all the credit is claimed. The merger, consolidation, or reorganization of a taxpayer where tax attributes survive does not create a new eligibility in a succeeding taxpayer, but unused credits allowed under this chapter may be transferred and continued by the succeeding taxpayer subject to the limitation of Section 12-6-3320. In addition to the carry forward of unused credit, unused credit may be transferred, devised, or distributed, with or without consideration, by an individual, partnership, limited liability company, corporation, trust or estate. To be effectual such a transfer, devise, or distribution requires written notification to the


Printed Page 1428 . . . . . Thursday, March 18, 1999

department, with the unused credit maintaining all its original attributes in the hands of the recipient.

(B)   For purposes of this section, a 'qualified conservation contribution' and a 'qualified real property interest' are defined as provided in Internal Revenue Code Section 170(h)."
D.   Chapter 3, Title 50 of the 1976 Code is amended by adding:

"Article 11
Conservation Grant Fund

Section 50-3-1110.   There is created in the state treasury a fund separate and distinct from the general fund of the State and all other funds styled the 'Conservation Grant Fund'. The income and principal of the fund must be used only to stimulate the use of conservation easements to improve the capacity of private nonprofit land trusts successfully to accomplish conservation projects and to provide an opportunity to leverage private and public monies for conservation easements. Income of the fund remains a part of the fund, and fund revenues carry forward from year to year and remain available for expenditure in accordance with this title.

Section 50-3-1120.   The board of the Department of Natural Resources serves ex officio as the Conservation Grant Fund Board with full authority over the administration of the fund.

Section 50-3-1130.   The Conservation Grant Fund shall consist of any monies appropriated to it by the General Assembly and other monies received from public or private sources.

Section 50-3-1140.   In order for real property to be the subject of a grant under this article, the land must qualify for the tax credit allowed pursuant to Section 12-6-3515.

Section 50-3-1150.   (A)   Revenues in the Conservation Grant Fund may be used by the department only to:

(1)   defray the administrative costs of the department in administering the grant purpose provided for by this article;

(2)   provide education on conservation easements including information material intended for landowners and education for staff and volunteers; and

(3)   make conservation grants.

(B)   A grant from the Conservation Grant Fund may be used only to pay for one or more of the following costs:

(1)   reimbursement for total or partial transaction costs for donations from individuals or corporations that otherwise would not be made because of insufficient financial revenues;


Printed Page 1429 . . . . . Thursday, March 18, 1999

(2)   management support, including initial baseline inventory and planning;

(3)   monitoring compliance with conservation easements;

(4)   education on conservation easements, including information materials intended for landowners, and education for staff and volunteers.

(C)   No fund proceeds may be used to pay the purchase price of any interest in real property.

Section 50-3-1160.   The board shall establish the procedures and criteria for awarding grants under this article. The criteria shall focus grants on those areas, approaches, and techniques that are likely to provide the optimum positive effect on conservation. The board shall make the final decision on the award of grants and announce awards publicly."
E.   Section 62-3-715 of the 1976 Code, as last amended by Act 521 of 1990, is further amended by adding an item appropriately numbered at the end to read:

"( )   donate a qualified conservation easement on any real property of the decedent in order to obtain the benefit of the estate tax exclusion allowed under Internal Revenue Code Section 2031(c) as defined in Section 12-6-40(A) if the personal representative has the written consent of all of the heirs, beneficiaries, and devises whose interests are affected by the donation. Upon petition of the personal representative, the circuit court may consent on behalf of any unborn, unascertained, or incapacitated heirs, beneficiaries, or devises whose interests are affected by the donation after determining that the donation of the qualified real property interest shall not adversely affect them or would most likely be agreed to by them if they were before the court and capable of consenting. A guardian ad litem must be appointed to represent the interest of any unborn, unascertained, or incapacitated persons. Similarly, and for the same purposes and under the same conditions, mutatis mutandis, a trustee may make such a donation for the settlor."
F.   This section takes effect July 1, 1999, and, for purposes of tax credits, applies for taxable years beginning after 1998. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.


Printed Page 1430 . . . . . Thursday, March 18, 1999

POINT OF ORDER

Rep. WITHERSPOON raised a Point of Order that Amendment No. 204 was out of order in that it was not germane to the Bill under Rule 5.3B.

The SPEAKER overruled the Point of Order.

Rep. CAMPSEN continued speaking.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KOON moved to table the amendment.

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

Yeas 43; Nays 52

Those who voted in the affirmative are:

Askins                 Barfield               Bauer
Breeland               Brown H.               Brown T.
Canty                  Chellis                Cobb-Hunter
Dantzler               Gamble                 Gourdine
Hinson                 Howard                 Keegan
Kennedy                Kirsh                  Knotts
Koon                   Law                    Lloyd
Loftis                 Mack                   Mason
McCraw                 McGee                  McMahand
Moody-Lawrence         Ott                    Parks
Pinckney               Rhoad                  Riser
Rutherford             Sandifer               Scott
Sharpe                 Smith R.               Stuart
Trotter                Walker                 Webb
Witherspoon

Total--43

Those who voted in the negative are:

Bailey                 Bales                  Battle
Bowers                 Brown G.               Campsen
Cato                   Clyburn                Cooper
Cotty                  Delleney               Easterday
Edge                   Gilham                 Govan

Printed Page 1431 . . . . . Thursday, March 18, 1999

Hamilton               Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Klauber                Leach
Lee                    Limehouse              Littlejohn
Lourie                 Lucas                  Maddox
McLeod M.              McLeod W.              Meacham
Miller                 Neal                   Phillips
Quinn                  Rice                   Robinson
Seithel                Sheheen                Simrill
Smith D.               Smith J.               Taylor
Townsend               Vaughn                 Whatley
Whipper                Wilder                 Wilkes
Woodrum

Total--52

So, the House refused to table the amendment.
Rep. H. BROWN spoke against the amendment.

SPEAKER IN CHAIR

Rep. H. BROWN continued speaking.
The amendment was then rejected by a division vote of 30 to 50.

Reps. KOON, SHARPE, RISER, WITHERSPOON and TROTTER proposed the following Amendment No. 213 (Doc Name housedesk\council\dka\amend\3304mm99.doc), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION __

TO AMEND SECTION 50-9-510, AS AMENDED, OF THE 1976 CODE, RELATING TO HUNTING LICENSES AUTHORIZED FOR SALE, SO AS TO PROVIDE FOR A NONRESIDENT TEMPORARY PERMIT FOR HUNTING BIG GAME FOR A CONSECUTIVE TEN-DAY PERIOD, AND TO PROVIDE THAT THE ISSUING AGENT RETAIN ONE DOLLAR OF THE TWENTY-FIVE DOLLAR FEE.
A.   Section 50-9-510 of the 1976 Code, as last amended by Act 372 of 1996, is further amended by adding at the end:

"(19)   A nonresident may purchase a statewide temporary permit for the privilege of hunting big game, including deer, bear, and


Printed Page 1432 . . . . . Thursday, March 18, 1999

turkey, for a period of ten consecutive days, at a cost of twenty-five dollars. One dollar of the permit cost may be retained by the agent issuing the permit."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. CAMPSEN proposed the following Amendment No. 218 (Doc Name housedesk\council\gjk\amend\20419ac99.doc), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

/ SECTION____

TO AMEND THE 1976 CODE BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR OTHER STATE AGENCIES FROM PROVIDING CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT AND OTHER STATE AGENCIES FROM DISTRIBUTING CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.
(A)   The 1976 Code is amended by adding:

"Section 44-1-115.   (A)   The Department of Health and Environmental Control shall develop a data base in which a parent, legal guardian, or one acting en loco parentis to a child under sixteen years of age may register in writing with the department prohibiting the department or any other agency or department of the State from providing condoms or other types of contraceptives to their child.

The department shall publish and distribute informational brochures to schools, physicians, and health agencies and facilities which include


Printed Page 1433 . . . . . Thursday, March 18, 1999

procedures for registration, and shall provide access to this information to any department or agency of the State that provides condoms or other contraceptives to minors."
(B)     The 1976 Code is amended by adding:

"Section 44-1-117.   Notwithstanding another provision of law, the Department of Health and Environmental Control, another state agency or department, or a person acting on behalf of an agency or department may not distribute condoms or other types of contraceptives to a person under sixteen years if the child's parent, legal guardian, or one acting en loco parentis has registered with the Department of Health and Environmental Control in accordance with Section 44-1-115."
(C)   This section takes effect January 1, 2000.
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. CAMPSEN continued speaking.

SPEAKER IN CHAIR

Rep. CAMPSEN spoke in favor of the amendment.
Rep. LOFTIS spoke in favor of the amendment.
Rep. WILKES moved to table the amendment.

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

Yeas 54; Nays 48

Those who voted in the affirmative are:

Bailey                 Bales                  Battle
Bowers                 Brown T.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Gourdine
Govan                  Hayes                  Hines J.
Hines M.               Hinson                 Howard
Jennings               Kennedy                Kirsh
Knotts                 Lanford                Lee
Lloyd                  Lourie                 Mack

Printed Page 1434 . . . . . Thursday, March 18, 1999

Maddox                 Martin                 McCraw
McLeod M.              McLeod W.              Miller
Moody-Lawrence         Neal                   Ott
Parks                  Phillips               Pinckney
Rhoad                  Rodgers                Rutherford
Scott                  Sharpe                 Sheheen
Smith F.               Smith J.               Stuart
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Young-Brickell

Total--54

Those who voted in the negative are:

Altman                 Askins                 Barrett
Bauer                  Beck                   Brown H.
Campsen                Cato                   Cooper
Delleney               Easterday              Edge
Fleming                Gamble                 Gilham
Hamilton               Harrell                Harris
Harrison               Haskins                Hawkins
Keegan                 Kelley                 Klauber
Koon                   Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Mason                  McGee                  Quinn
Rice                   Riser                  Robinson
Simrill                Smith D.               Smith R.
Stille                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Witherspoon            Woodrum

Total--48

So, the amendment was tabled.

Reps. ROBINSON, CAMPSEN, VAUGHN, LOFTIS, QUINN, TRIPP, LEACH, SIMRILL, EASTERDAY, RICE, RISER, HASKINS and D. SMITH proposed the following Amendment No. 260 (Doc Name housedesk\council\gjk\amend\20408std99.doc), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:


Printed Page 1435 . . . . . Thursday, March 18, 1999

/SECTION _____

TO AMEND THE 1976 CODE BY ADDING SECTION 59-18-940 SO AS TO PROVIDE THAT IF A SCHOOL UNDER THE EDUCATION ACCOUNTABILITY ACT RECEIVES A RATING OF BELOW AVERAGE OR UNSATISFACTORY, THE STUDENTS AT THAT SCHOOL MAY AT THEIR OPTION TRANSFER TO ANY OTHER SCHOOL WITHIN THE DISTRICT, AND TO PROVIDE PROCEDURES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS INCLUDING THE MANNER IN WHICH STATE AND FEDERAL FUNDING SHALL FOLLOW SUCH STUDENTS.

"Section 59-18-940.   If a school receives a rating of below average or unsatisfactory, the students at that school may at their option transfer to any other school within the district. If a district has only one elementary, middle, or high school, and it received a rating of below average or unsatisfactory or if all the elementary, middle, or high schools in the district receive a rating of below average or unsatisfactory, the students at those schools may at their option transfer to a school in an adjoining district, and the adjoining district shall accept these students as long as space is available. Applicable state and federal funding for each student shall follow the students to the adjoining districts. These students may remain at the school to which they transferred until they finish the highest grade offered at the school."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. ROBINSON explained the amendment.
Rep. KNOTTS spoke against the amendment.
Rep. RHOAD spoke against the amendment.
Rep. OTT spoke against the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.

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

Yeas 70; Nays 38

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Bales                  Barfield               Battle
Bauer                  Bowers                 Breeland

Printed Page 1436 . . . . . Thursday, March 18, 1999

Brown G.               Brown J.               Brown T.
Canty                  Carnell                Clyburn
Cobb-Hunter            Cotty                  Dantzler
Emory                  Fleming                Gourdine
Govan                  Harris                 Hayes
Hines J.               Hines M.               Hinson
Howard                 Jennings               Kennedy
Kirsh                  Knotts                 Lanford
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
Martin                 McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Riser                  Rodgers                Rutherford
Scott                  Sheheen                Smith J.
Stille                 Stuart                 Taylor
Townsend               Trotter                Walker
Whipper                Wilder                 Wilkes
Woodrum

Total--70

Those who voted in the negative are:

Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Delleney               Easterday
Edge                   Gamble                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Keegan                 Kelley
Klauber                Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Mason                  Quinn
Rice                   Robinson               Sandifer
Simrill                Smith D.               Smith R.
Tripp                  Webb                   Wilkins
Witherspoon            Young-Brickell

Total--38


Printed Page 1437 . . . . . Thursday, March 18, 1999

So, the amendment was tabled.

Rep. STILLE proposed the following Amendment No. 270 (Doc Name housedesk\council\bbm\amend\9134mm99.doc), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered Section to Part II, Permanent Provisions, at the end:

/ SECTION ___

TO AMEND CHAPTER 112, TITLE 59 OF THE 1976 CODE, RELATING TO DETERMINATION OF TUITION AND FEES, BY ADDING SECTION 59-112-120 SO AS TO PROHIBIT A WAIVER OF OUT-OF-STATE TUITION BY AN INSTITUTION OF HIGHER LEARNING FOR A STUDENT WHO HAS BEEN AWARDED A SCHOLARSHIP TO THAT INSTITUTION.
A.   Chapter 11 of Title 59 of the 1976 Code, is amended by adding:

"Section 59-112-120.   An undergraduate institution of higher learning may not waive out-of-state tuition for a student who has been awarded a scholarship to that institution."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. STILLE explained the amendment.

Rep. KEEGAN moved to table the amendment.
The amendment was then tabled by a division vote of 53 to 27.

Rep. CANTY proposed the following Amendment No. 271 (Doc Name housedesk\council\pt\amend\1342dw99.doc):
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered SECTION to read:

/ SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2779 SO AS TO IMPOSE A FIFTEEN PERCENT TAX ON NET INCOME FROM VIDEO GAMES WITH A FREE PLAY FEATURE, TO PROVIDE FOR PAYMENT, ENFORCEMENT, AND COLLECTION OF THIS TAX, AND TO PROVIDE THAT REVENUES OF THIS TAX MUST BE CREDITED TO THE GENERAL FUND OF THE STATE.


Printed Page 1438 . . . . . Thursday, March 18, 1999

A.   Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2777.   (A) A tax at the rate of fifteen percent is imposed on net machine income. Net machine income has the meaning provided in Section 12-21-2772(7), except that the amount paid out is deemed to include the tax withheld on a player payment pursuant to subsection (B) of this section.

(B)     A player tax at the rate of five percent is imposed on all amounts paid out to a machine player for credits derived from the operation of a machine. The tax imposed by this subsection must be deducted from amounts paid to a player.

(C)   The tax imposed by this section are due and payable on or before the twentieth day of the month, and the licensed machine owner is liable for the tax and shall make a return to the department, in the form it prescribes, showing total cash in, the total payout, and net machine income for the previous month, and remit the tax with it.

(D)   Enforcement and collection of this tax is as provided in Chapter 54 of this title."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CANTY explained the amendment.
Rep. H. BROWN moved to table the amendment.

The House refused to table the amendment by a division vote of 35 to 43.
Rep. CANTY continued speaking.
Rep. CANTY moved to adjourn debate on the amendment, which was agreed to.

Rep. STILLE proposed the following Amendment No. 278 (Doc Name housedesk\council\bbm\amend\9137mm99.doc), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered Section to Part II, Permanent Provisions, at the end:

/ SECTION ___

TO AMEND CHAPTER 30, TITLE 1 OF THE 1976 CODE, RELATING TO DEPARTMENTS OF STATE GOVERNMENT BY ADDING SECTION 1-30-130 SO AS TO PROHIBIT THE USE OF STATE FUNDS BY ANY DEPARTMENT, AGENCY,


Printed Page 1439 . . . . . Thursday, March 18, 1999

COMMISSION, OR OTHER SUBDIVISION OF STATE GOVERNMENT TO LOBBY THE GENERAL ASSEMBLY.
A.   Chapter 30 of title 1, of the 1976 Code, is amended by adding:

"Section 1-30-130.   A department, agency, commission, or other subdivision of state government may not use state funds to lobby the General Assembly.
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. STILLE explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.

Reps. FLEMING, MADDOX, JENNINGS, DELLENEY, ALTMAN and ALLEN proposed the following Amendment No. 282 (Doc Name housedesk\council\bbm\amend\9138mm99.doc), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to Part II, Permanent Provisions, to read:

/ SECTION ___

TO AMEND SECTION 15-78-120 OF THE 1976 CODE, RELATING TO LIMITATIONS ON CIVIL LIABILITY SO AS TO INCREASE THE LIMITS ON DAMAGES RECOVERABLE.
A.   Section 15-78-120(a)(1-4) of the 1976 Code is amended to read:

"(1)   Except as provided in Section 15-78-120(a)(3), no person shall recover in any action or claim brought hereunder a sum exceeding three seven hundred fifty thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.

(2)   Except as provided in Section 15-78-120(a)(4), the total sum recovered hereunder arising out of a single occurrence shall not exceed six one million five hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved.

(3)   No person may recover in any action or claim brought hereunder against any governmental entity and caused by the tort of any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, a sum exceeding one two million two hundred thousand dollars because of loss arising from a single occurrence regardless of the number of agencies or political subdivisions involved.


Printed Page 1440 . . . . . Thursday, March 18, 1999

(4)   The total sum recovered hereunder arising out of a single occurrence of liability of any governmental entity for any tort caused by any licensed physician or dentist, employed by a governmental entity and acting within the scope of his profession, may not exceed one two million two hundred thousand dollars regardless of the number of agencies or political subdivisions or claims or actions involved."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. D. SMITH raised a Point of Order that Amendment No. 282 was out of order in that it was not germane to the Bill under Rule 5.3B.

Rep. FLEMING argued contra.

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

MOTION NOTED

Rep. RUTHERFORD moved to reconsider the vote whereby Amendment No. 204 was rejected in Part II and the motion was noted.

MOTION NOTED

Rep. SHARPE moved to reconsider the vote whereby Amendment No. 163 was adopted, Section 35, Part IB, and the motion was noted.

Rep. STUART proposed the following Amendment No. 292 (Doc Name housedesk\council\dka\amend\3326mm99.doc), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __

TO AMEND SECTION 59-143-30 OF THE 1976 CODE, RELATING TO ALLOCATIONS OF GRANT FUNDS FOR STUDENTS ATTENDING INDEPENDENT COLLEGES, SO AS TO DELETE THE REQUIREMENT FOR COMPUTING THE ALLOCATION AT A SPECIFIC PERCENTAGE.
A.   Section 59-143-30(1) of the 1976 Code, as added by Section 20C, Part II, Act 458 of 1996, is amended to read:


Printed Page 1441 . . . . . Thursday, March 18, 1999

"(1)   Of the funds made available for higher education scholarship grants from the higher education scholarship grant allocation under Section 59-143-10 of the 1976 Code for any year, a percentage thereof must be allocated for higher education scholarships and grants for students attending South Carolina independent colleges of higher learning in this State. This percentage shall be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. STUART explained the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.
Rep. STILLE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 15.

Reps. ROBINSON, D. SMITH and HARRELL proposed the following Amendment No. 318 (Doc Name \nbd\11249jm99.doc), which was adopted.
Amend the bill, as and if amended, Part II, PERMANENT PROVISIONS, by adding the following appropriately numbered Section to read:

/   SECTION ____

TO AMEND SECTION 42-7-10, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE ACCIDENT FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR REMITTING TO THE GENERAL FUND CERTAIN INTEREST EARNED OR ACCRUING ON MONIES IN THE STATE ACCIDENT FUND FOR PURPOSES OF TAX RELIEF IN THE MANNER PROVIDED BY THE GENERAL ASSEMBLY, EXCEPT MONIES ASSOCIATED WITH PREMIUMS PAID BY FEDERAL FUNDS, AND FOR DISTRIBUTING TO LOCAL AGENCIES CERTAIN OTHER INTEREST, TO REQUIRE THE STATE ACCIDENT FUND AND THE STATE AUDITOR TO DETERMINE THE AMOUNTS TO BE DISTRIBUTED TO LOCAL AGENCIES, TO PROVIDE FOR A PLAN TO IMPLEMENT THE


Printed Page 1442 . . . . . Thursday, March 18, 1999

DISTRIBUTION OF THESE MONIES ON A PRO-RATA BASIS LOCALLY, AND TO PROVIDE THAT FEDERAL PROGRAM CONTRIBUTIONS MAY BE RECOUPED BY THE FEDERAL GOVERNMENT.
A.   Section 42-7-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended by adding:

"(C)   Notwithstanding subsections (A) or (B) of this section or any other provision of law:

(1)   interest earned or accruing on monies in the State Accident Fund attributable to agencies of the State of South Carolina must be remitted annually to the State Treasurer for deposit by him in the state's general fund for tax relief in the manner provided by the General Assembly by law; provided, however, that this item (1) does not apply to, affect, or include any monies associated with premiums paid by federal funds; provided, further, that federal program contributions may be recouped by the federal government;

(2)   interest earned or accruing on monies in the State Accident Fund attributable to local agencies including, but not limited to, municipalities and counties and agencies of municipalities and counties, must be distributed on an annual basis to these local agencies on a pro-rata basis;

(3)   the State Accident Fund and the State Auditor shall jointly determine the amounts to be distributed under item (2) of this subsection and shall jointly devise a plan to implement the distribution of these monies."
B.   This section takes effect July 1, 1999./
Renumber sections to conform.
Amend totals and title to conform.

Rep. D. SMITH explained the amendment.
Rep. WILKES spoke against the amendment.
The amendment was then adopted by a division vote of 38 to 31.

Reps. KOON, HARVIN and OTT proposed the following Amendment No. 321 (Doc Name \KGH\AMEND\15485HTC99), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:
/ SECTION   ____
TO AMEND THE 1976 CODE BY ADDING SECTION 59-127-90 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY


Printed Page 1443 . . . . . Thursday, March 18, 1999

ANNUALLY SHALL APPROPRIATE THE STATE MATCHING FUNDS REQUIRED BY FEDERAL LAW FOR THE RESEARCH AND EXTENSION ACTIVITIES OF SOUTH CAROLINA STATE UNIVERSITY AS AN "1890" INSTITUTION UNDER THE SECOND MORRILL ACT.
A.   Article 1, Chapter 127, Title 59 of the 1976 Code is amended by adding:

"Section 59-127-90.   The General Assembly annually shall appropriate the state matching funds required by federal law for the research and extension activities of South Carolina State University as an '1890' institution under the Second Morrill Act."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. KLAUBER proposed the following Amendment No. 322 to (Doc Name housedesk\council\dka\amend\3339mm99.doc), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION __

TO AMEND ARTICLE 3, CHAPTER 3, TITLE 23 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL INFORMATION AND COMMUNICATION SYSTEM, BY ADDING SECTION 23-3-115 SO AS TO PROVIDE THAT THE FEE CHARGED BY THE STATE LAW ENFORCEMENT DIVISION FOR A CRIMINAL RECORD SEARCH BE REMITTED TO THE GENERAL FUND INSTEAD OF BEING RETAINED BY SLED AND TO FIX THE FEE AT SPECIFIED AMOUNTS FOR SEARCHES MADE FOR VARIOUS TYPES OF ORGANIZATIONS.
A. Article 3, Chapter 3, Title 23 of the 1976 Code is amended by adding:

"Section 23-3-115.   (A)   The State Law Enforcement Division shall charge and collect a fee of twenty-five dollars for each criminal record search conducted pursuant to regulations contained in subarticle 1, Article 3, Chapter 73 of the 1976 Code of Regulations. These fees must be remitted to the general fund. Revenues collected from the


Printed Page 1444 . . . . . Thursday, March 18, 1999

United States Department of Justice as reimbursement for services must be retained, carried forward, and used for continued agency operations. The Board of Economic Advisors shall conduct an analysis report annually to review fees and make recommendations for fee changes. This study is due January fifteenth of each year and must be forwarded to the Ways and Means Committee of the House of Representatives and the Senate Finance Committee.

(B)   The fee described in subsection (A) is fixed at eight dollars if the criminal record search is conducted for a charitable organization or for the use of a charitable organization. The division shall develop forms on which a charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization. For purposes of this subsection, the phrase 'charitable organization' means:

(1)   an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;

(2)   a bona fide church, including an institution such as a synagogue or mosque; or

(3)   an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33 of the 1976 Code.

(C)   The fee described in subsection (A) is fixed at eight dollars for all other organizations required by law to obtain a criminal record search for the purpose of employment or volunteer service, or other legitimate, lawful purpose."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KLAUBER explained the amendment.
Rep. YOUNG-BRICKELL spoke against the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.

Rep. COBB-HUNTER proposed the following Amendment No. 324 to (Doc Name housedesk\council\ggs\amend\22239htc99.doc), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:


Printed Page 1445 . . . . . Thursday, March 18, 1999

/ SECTION ___

TO AMEND SECTION 12-37-251, AS AMENDED, OF THE 1976 CODE, RELATING TO THE PROPERTY TAX RELIEF FUND, SO AS TO REVISE HOW SCHOOL DISTRICTS ARE REIMBURSED FROM THE TRUST FUND FOR TAX RELIEF, INCLUDING A PROVISION FOR REIMBURSEMENT ON A PER CAPITA BASIS, AND THE MEANS OF ALLOCATING REIMBURSEMENT WHEN AMOUNTS AVAILABLE ARE INSUFFICIENT TO PROVIDE A FULL PER CAPITA REIMBURSEMENT; TO PROVIDE FOR THE MANNER IN WHICH DISTRICTS MUST USE THESE FUNDS RECEIVED; TO REQUIRE THE COMPTROLLER GENERAL FROM FUNDS APPROPRIATED IN THE ANNUAL GENERAL APPROPRIATIONS ACT FOR THE OPERATION OF HIS OFFICE TO CALCULATE DISTRIBUTIONS UNDER THIS FORMULA, TO PROVIDE THAT, IF THE AMOUNT REIMBURSED TO A SCHOOL DISTRICT IS INSUFFICIENT TO REIMBURSE FULLY FOR THE BASE YEAR OPERATING MILLAGE, THE SCHOOL BOARD SHALL CALCULATE A SCHOOL OPERATING MILLAGE SUFFICIENT TO MAKE UP THE SHORTFALL; AND TO PROVIDE THAT NO DISTRICT SHALL RECEIVE LESS THAN IT RECEIVED DURING THE 1998-99 FISCAL YEAR.
A.   Section 12-37-251(B) of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:

"(B)(1)   School districts must be reimbursed from revenues credited to the Trust Fund for Tax Relief for a fiscal year, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety. Ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December first. From funds appropriated to the Office of the Comptroller General in the annual general appropriations act, the Comptroller shall make the calculations and distributions required pursuant to this subsection. If amounts received by a school district pursuant to this subsection are insufficient to reimburse fully for the base year operating millage, the local school board, within its authority, shall decide how to make up the shortfall, if necessary. Amounts received by a district in excess of the amount necessary to reimburse the district for the base year operating millage must first be used to reduce any operating millage imposed since the 1995 base year, must next be used for school debt service purposes, and any funds remaining may then be retained by the district.


Printed Page 1446 . . . . . Thursday, March 18, 1999

(2)   School districts must be reimbursed on a per capita basis, but no district shall receive as a reimbursement for a fiscal year an amount less than the actual reimbursement amount it received in fiscal year 1998-99. If amounts credited to the Trust Fund for Tax Relief for a fiscal year pursuant to item (1) of this subsection are insufficient to pay the full amount of the reimbursements provided by this item, then all amounts credited to the trust fund for a fiscal year for this reimbursement in excess of the amount of the reimbursements paid pursuant to this section in fiscal year 1998-99 must be allocated only to those districts receiving less than the full per capita reimbursement, and this allocation must be on a per capita basis among only those counties receiving some part of this allocation."
B.   This section applies for property tax years beginning after 1998. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 26; Nays 86

Those who voted in the affirmative are:

Allison                Barfield               Bauer
Brown J.               Cotty                  Edge
Gamble                 Gilham                 Harrison
Howard                 Keegan                 Kirsh
Knotts                 Koon                   Lanford
Littlejohn             Lourie                 Moody-Lawrence
Neal                   Quinn                  Riser
Rodgers                Simrill                Stuart
Walker                 Witherspoon

Total--26

Those who voted in the negative are:

Altman                 Askins                 Bailey
Bales                  Barrett                Battle
Beck                   Bowers                 Breeland

Printed Page 1447 . . . . . Thursday, March 18, 1999

Brown H.               Brown T.               Campsen
Canty                  Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Delleney
Easterday              Emory                  Fleming
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harvin
Haskins                Hayes                  Hines J.
Hines M.               Hinson                 Jennings
Kennedy                Klauber                Law
Leach                  Lee                    Limehouse
Lloyd                  Loftis                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Miller                 Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rice                   Robinson
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Sheheen
Smith F.               Smith J.               Smith R.
Stille                 Taylor                 Townsend
Tripp                  Trotter                Vaughn
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Woodrum                Young-Brickell

Total--86

So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 90; Nays 20

Those who voted in the affirmative are:

Altman                 Askins                 Bailey
Barrett                Battle                 Beck
Bowers                 Breeland               Brown H.
Brown J.               Brown T.               Campsen

Printed Page 1448 . . . . . Thursday, March 18, 1999

Canty                  Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Gourdine               Govan
Hamilton               Harrell                Harris
Harvin                 Haskins                Hayes
Hines J.               Hines M.               Hinson
Howard                 Jennings               Kelley
Kennedy                Klauber                Knotts
Law                    Leach                  Limehouse
Lloyd                  Loftis                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Miller                 Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rice
Robinson               Rutherford             Sandifer
Scott                  Seithel                Sharpe
Sheheen                Smith F.               Smith J.
Smith R.               Stille                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Woodrum                Young-Brickell

Total--90

Those who voted in the negative are:

Allison                Barfield               Bauer
Cotty                  Gamble                 Gilham
Keegan                 Kirsh                  Koon
Lanford                Lee                    Lourie
Moody-Lawrence         Quinn                  Riser
Rodgers                Simrill                Stuart
Walker                 Witherspoon

Total--20

So, having received the necessary two-thirds vote, the amendment was adopted.


Printed Page 1449 . . . . . Thursday, March 18, 1999

Rep. EASTERDAY proposed the following Amendment No. 325 (Doc Name COUNCIL\KGH\AMEND\15476HTC99), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION   ____

TO AMEND SECTION 2-7-78 OF THE 1976 CODE RELATING TO THE CERTIFICATION BY THE BOARD OF ECONOMIC ADVISORS OF AMENDMENTS TO THE ANNUAL GENERAL APPROPRIATIONS BILL CHANGING THE MOST RECENT PROJECTION OF GENERAL FUND REVENUES, SO AS TO REQUIRE THE CERTIFICATE FOR OTHER STATE SOURCE FUNDS REGARDLESS OF THE SOURCE OF THE FUNDS OR THE PART OF THE BILL IN WHICH THE FUNDS ARE APPROPRIATED.
A.   Section 2-7-78 of the 1976 Code, as added by Act 145 of 1995, is amended to read:

"Section 2-7-78.   This section applies to the annual appropriation recommendation of the Governor and to the report of the conference committee on the annual general appropriations bill. A provision offered for inclusion in the annual general appropriations bill by amendment or otherwise, by the Governor, or which increases or decreases the most recent official projection of general fund revenues or other state source revenues, regardless of source or where appropriated in the bill, of the Board of Economic Advisors must not be included in the bill or recommendation unless the revenue impact is certified by the board. Changes to the official general fund revenue estimate as a result of the provision may not exceed the amounts certified by the board. The requirements of this section are in addition to the other provisions of law regarding fiscal impact statements."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY explained the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. EASTERDAY spoke in favor of the amendment.

POINT OF ORDER

Rep. H. BROWN raised a Point of Order that Amendment No. 325 was out of order in that it was not germane to the Bill under Rule 5.3B.


Printed Page 1450 . . . . . Thursday, March 18, 1999

Rep. EASTERDAY argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. H. BROWN moved to table the amendment.

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

Yeas 56; Nays 39

Those who voted in the affirmative are:

Askins                 Bailey                 Bales
Barfield               Breeland               Brown G.
Brown H.               Chellis                Cobb-Hunter
Dantzler               Edge                   Fleming
Gamble                 Harrell                Harris
Harrison               Harvin                 Hayes
Hines J.               Hines M.               Hinson
Howard                 Keegan                 Kelley
Kennedy                Knotts                 Koon
Law                    Limehouse              Lloyd
Lourie                 Martin                 McCraw
McLeod M.              McLeod W.              Neal
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Riser
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Smith J.               Smith R.               Townsend
Whatley                Whipper                Wilkes
Witherspoon            Young-Brickell

Total--56

Those who voted in the negative are:

Allison                Barrett                Battle
Beck                   Bowers                 Brown T.
Campsen                Carnell                Cotty
Delleney               Easterday              Emory
Gilham                 Hamilton               Haskins
Kirsh                  Klauber                Leach
Littlejohn             Loftis                 Mason
McGee                  McMahand               Miller

Printed Page 1451 . . . . . Thursday, March 18, 1999

Moody-Lawrence         Rice                   Robinson
Sheheen                Simrill                Stille
Stuart                 Taylor                 Tripp
Trotter                Vaughn                 Walker
Webb                   Wilder                 Wilkins

Total--39

So, the amendment was tabled.

Rep. BOWERS proposed the following Amendment No. 332 (Doc Name housedesk\council\pt\amend\1383ac99.doc), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:

/ SECTION _____

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2815 SO AS TO PROVIDE THAT OF THE REVENUE GENERATED IN EXCESS OF TWO HUNDRED MILLION DOLLARS FROM TAXES IMPOSED BY THE DEPARTMENT OF REVENUE ON VIDEO POKER MACHINES WITH A FREE PLAY FEATURE, ONE-HALF MUST BE USED FOR PERSONAL PROPERTY TAX RELIEF AND ONE-HALF MUST BE USED FOR CAPITAL EXPENDITURES ALLOCATED TO SCHOOL DISTRICTS PURSUANT TO THE EDUCATION FINANCE ACT DISTRIBUTION FORMULA.
A.   The 1976 Code is amended by adding:

"Section 12-21-2815.     Notwithstanding any other provision of law, of all revenue generated in excess of two hundred million dollars from fees imposed pursuant to law or regulations in 1999 on video game machines with a free play feature or on the owners, distributors, or operators of these machines, one-half of the revenue must be used solely for the purpose of personal property relief and one-half must be used solely for capital expenditures for schools including, but not limited to school building construction. These funds must be allocated to school districts pursuant to the Education Finance Act distribution formula." /
B.   This section takes effect July 1, 1999.
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 1452 . . . . . Thursday, March 18, 1999

Rep. BOWERS explained the amendment.

POINT OF ORDER

Rep. KELLEY raised a Point of Order that Amendment No. 332 was out of order in that it was not germane to the Bill under Rule 5.3B.

Rep. BOWERS argued contra.

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

Reps. WALKER and LANFORD proposed the following Amendment No. 333 (Doc Name \KGH\AMEND\15483HTC99), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION at the end to read:

/ SECTION   ____

TO AMEND SECTION 9-1-1515, OF THE 1976 CODE, RELATING TO EARLY RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEMS, SO AS TO ELIMINATE THE SPECIAL BENEFIT REDUCTION FACTOR APPLIED TO THE BENEFITS PAID AN EARLY RETIREE WHEN THE MEMBER, BEFORE RETIRING, MAKES A LUMP SUM PAYMENT TO THE SYSTEM IN AN AMOUNT EQUAL TO TWENTY PERCENT OF THE MEMBER'S EARNABLE COMPENSATION FOR EACH YEAR OF CREDITABLE SERVICE LESS THAN THIRTY OR THE AVERAGE OF THE MEMBER'S TWELVE HIGHEST CONSECUTIVE FISCAL QUARTERS OF COMPENSATION AT THE TIME OF PAYMENT, WHICHEVER IS LARGER, AND TO REQUIRE THE MEMBER TO RETIRE NOT MORE THAN NINETY DAYS AFTER THE PAYMENT.
A.   Section 9-1-1515(B) of the 1976 Code, as added by Act 559 of 1990, is amended to read:

"(B)   The benefits for a member electing early retirement under this section must be calculated in the manner provided in Section 9-1-1550, except that in lieu of any other reduction factor, his the member's early retirement allowance is reduced by four percent a year, prorated for periods less than one year, for each year of creditable service less than thirty. However, a member's early retirement allowance is not reduced if the member pays into the system, in a lump sum payment before the member's retirement, an amount equal to twenty percent of the member's earnable compensation or the average of the member's twelve highest consecutive fiscal quarters of


Printed Page 1453 . . . . . Thursday, March 18, 1999

compensation at the time of payment, whichever is greater, prorated for periods less than one year for each year of creditable service less than thirty. The member's retirement must occur not more than ninety days after the date of the payment."
B.   This section takes effect July 1, 1999, and applies with respect to members of the South Carolina Retirement Systems electing early retirement pursuant to Section 9-1-1515 of the 1976 Code on and after that date. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. WALKER explained the amendment.

POINT OF ORDER

Rep. KELLEY raised a Point of Order that Amendment No. 333 was out of order in that it was not germane to the Bill under Rule 5.3B.

SPEAKER WILKINS overruled the Point of Order.

Rep. KIRSH moved to table the amendment.

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

Yeas 25; Nays 80

Those who voted in the affirmative are:

Brown H.               Campsen                Cato
Chellis                Dantzler               Easterday
Gilham                 Harrell                Haskins
Hinson                 Keegan                 Kirsh
Koon                   Law                    Leach
Limehouse              Loftis                 Rice
Robinson               Rodgers                Smith D.
Tripp                  Vaughn                 Wilkins
Young-Brickell

Total--25

Those who voted in the negative are:

Allison                Askins                 Bales
Barfield               Barrett                Battle
Bauer                  Beck                   Bowers

Printed Page 1454 . . . . . Thursday, March 18, 1999

Breeland               Brown G.               Brown J.
Brown T.               Canty                  Carnell
Clyburn                Cooper                 Cotty
Delleney               Edge                   Emory
Fleming                Gamble                 Gourdine
Govan                  Harris                 Harrison
Harvin                 Hayes                  Hines J.
Hines M.               Howard                 Kelley
Kennedy                Klauber                Knotts
Lanford                Lee                    Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Rhoad                  Riser
Sandifer               Scott                  Seithel
Sheheen                Simrill                Smith F.
Smith J.               Smith R.               Stille
Taylor                 Townsend               Trotter
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Witherspoon            Woodrum

Total--80

So, the House refused to table the amendment.

Rep. H. BROWN spoke against the amendment.
Rep. LANFORD spoke in favor of the amendment.
Rep. WALKER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 81; Nays 28

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Bales                  Barfield               Battle

Printed Page 1455 . . . . . Thursday, March 18, 1999

Bauer                  Beck                   Bowers
Breeland               Brown G.               Brown J.
Brown T.               Canty                  Clyburn
Cooper                 Cotty                  Delleney
Edge                   Emory                  Fleming
Gamble                 Gourdine               Govan
Harris                 Harrison               Harvin
Hawkins                Hayes                  Hines J.
Hines M.               Howard                 Jennings
Kelley                 Kennedy                Klauber
Knotts                 Lanford                Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Rhoad
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sheheen
Simrill                Smith F.               Smith J.
Smith R.               Stille                 Stuart
Taylor                 Townsend               Trotter
Walker                 Whatley                Wilder
Wilkes                 Witherspoon            Woodrum

Total--81

Those who voted in the negative are:

Barrett                Brown H.               Campsen
Carnell                Cato                   Chellis
Dantzler               Easterday              Harrell
Haskins                Hinson                 Keegan
Kirsh                  Koon                   Law
Leach                  Lee                    Loftis
Quinn                  Rice                   Riser
Robinson               Sharpe                 Smith D.
Vaughn                 Webb                   Wilkins
Young-Brickell

Total--28


Printed Page 1456 . . . . . Thursday, March 18, 1999

So, the amendment was then adopted.

Reps. G. BROWN and M. MCLEOD proposed the following Amendment No. 334 (Doc Name council\pt\amend\1384ac99.doc), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:

/ SECTION ____

TO DIRECT THE SOUTH CAROLINA HIGHWAY PATROL AND ALL OTHER STATE AND LOCAL LAW ENFORCEMENT AGENCIES TO INCREASE THEIR EFFORTS TO ENFORCE THE LITTERING LAWS IN THIS STATE AND TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO LITTERING AND PENALTIES FOR LITTERING, SO AS TO REQUIRE A PERSON VIOLATING THE LITTERING LAWS TO PERFORM AT LEAST EIGHT HOURS OF LITTER GATHERING IN ADDITION TO ANY OTHER FINE OR PENALTY THAT MAY BE IMPOSED.
A.   The South Carolina Highway Patrol and all other state and local law enforcement agencies shall increase their efforts to enforce the littering laws of this State.
B.   Section 16-11-700 of the 1976 Code, as last amended by Section 366, Part II, Act 497 of 1994, is further amended by adding at the end:

/ (G)   A person who violates a provision of this section shall perform at least eight hours of litter gathering in addition to any other fine, litter gathering, or public service that may be imposed pursuant to this section.
C.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. G. BROWN explained the amendment.

POINT OF ORDER

Rep. HASKINS raised a Point of Order that Amendment No. 334 was out of order in that it was not germane to the Bill under Rule 5.3B.

Rep. G. BROWN argued contra.

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


Printed Page 1457 . . . . . Thursday, March 18, 1999

Rep. EASTERDAY proposed the following Amendment No. 336 (Doc Name housedesk\council\dka\amend\3340mm99.doc), which was tabled.
Amend the bill, as and if amended, PART II, by adding the following appropriately numbered SECTION, to read:

/   SECTION ____

TO AMEND SECTION 11-11-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE BUDGET SYSTEM AND LIMITS ON THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES, SO AS TO DELETE CERTAIN PROVISIONS, TO PROVIDE THAT SURPLUS GENERAL FUND REVENUES IN EXCESS OF THOSE OFFICIALLY RECOGNIZED BY THE BOARD OF ECONOMIC ADVISORS MUST BE USED AS PROVIDED IN THIS SECTION AND ARE CONSIDERED APPROPRIATED FOR SUCH PURPOSES, TO PROVIDE THAT AFTER A REVIEW OF INTEREST RATES, THE STATE TREASURER SHALL MAKE RECOMMENDATIONS TO THE JOINT BOND REVIEW COMMITTEE AS TO SAVINGS THAT COULD BE OBTAINED BY USING THE SURPLUS TO ACCELERATE THE REPAYMENT OF OUTSTANDING CAPITAL IMPROVEMENT BONDS AND BY PAYING CASH FOR PROJECTS FOR WHICH BONDS HAVE BEEN AUTHORIZED BUT NOT ISSUED, AND TO PROVIDE FOR RELATED MATTERS.
A.   Section 11-11-140 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:

"Section 11-11-140.   (A)(1) In the Governor's annual budget recommendation to the General Assembly, no recommendation may be made for the appropriation of surplus general fund revenues in excess of amounts officially recognized as such by the Board of Economic Advisors.

(2)(a)   In any bill or joint resolution appropriating general fund revenues, no surplus general fund revenue may be appropriated in excess of amounts officially recognized as such by the Board of Economic Advisors.

(b)   Surplus general fund revenues in excess of those officially recognized by the Board of Economic Advisors in their February fifteenth revenue estimate must be transferred to and deposited in a separate account in the State Treasury and must be used as provided in this subsection. After a review of interest rates, the State Treasurer shall make recommendations to the Joint Bond Review Committee and,


Printed Page 1458 . . . . . Thursday, March 18, 1999

upon approval by the committee, the State Treasurer must use these funds to accelerate the repayment of outstanding capital improvement bonds or for paying cash for projects for which bonds have been authorized but not issued.

(B) In making the annual budget recommendation to the General Assembly, the Governor shall not incorporate or realize any revenue derived on the basis of any future change in a method of accounting, as determined by the Budget and Control Board, unless the change in a method of accounting is based on statutory authority specifically granted to the Budget and Control Board or a statutory enactment changing the method of accounting." /
B.   This section takes effect July 1, 1999 and first applies for otherwise unappropriated general fund surplus revenues attributable to fiscal year 1998-99. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY explained the amendment.
Rep. KELLEY moved to table the amendment.

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

Yeas 53; Nays 29

Those who voted in the affirmative are:

Askins                 Bailey                 Bales
Breeland               Brown H.               Brown J.
Chellis                Clyburn                Cobb-Hunter
Cooper                 Dantzler               Edge
Emory                  Gamble                 Gourdine
Govan                  Harrell                Harris
Harrison               Harvin                 Hawkins
Hayes                  Hinson                 Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Knotts                 Law
Lee                    Limehouse              Lloyd
Mack                   McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Neal                   Ott                    Pinckney
Quinn                  Riser                  Rutherford
Sandifer               Seithel                Smith R.

Printed Page 1459 . . . . . Thursday, March 18, 1999

Townsend               Trotter                Webb
Whatley                Witherspoon

Total--53

Those who voted in the negative are:

Allison                Barrett                Beck
Bowers                 Campsen                Carnell
Cato                   Cotty                  Easterday
Gilham                 Haskins                Klauber
Leach                  Littlejohn             Loftis
Lourie                 Maddox                 Rice
Robinson               Simrill                Smith D.
Smith F.               Smith J.               Stille
Stuart                 Taylor                 Vaughn
Wilkes                 Woodrum

Total--29

So, the amendment was tabled.

Rep. EASTERDAY proposed the following Amendment No. 337 (Doc Name housedesk\council\dka\amend\3341mm99.doc), which was tabled.
Amend the bill, as and if amended, PART II, by adding the following appropriately numbered SECTION, to read:

/   SECTION ____

TO AMEND SECTION 11-11-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE STATE BUDGET SYSTEM AND LIMITS ON THE APPROPRIATION OF SURPLUS GENERAL FUND REVENUES, SO AS TO DELETE CERTAIN PROVISIONS, TO PROVIDE THAT SURPLUS GENERAL FUND REVENUES IN EXCESS OF THOSE OFFICIALLY RECOGNIZED BY THE BOARD OF ECONOMIC ADVISORS MUST BE USED AS PROVIDED IN THIS SECTION AND ARE CONSIDERED APPROPRIATED FOR SUCH PURPOSES, TO PROVIDE THAT AFTER A REVIEW OF INTEREST RATES, THE STATE TREASURER SHALL MAKE RECOMMENDATIONS TO THE JOINT BOND REVIEW COMMITTEE AS TO SAVINGS THAT COULD BE OBTAINED BY USING THE SURPLUS TO ACCELERATE THE REPAYMENT OF OUTSTANDING CAPITAL


Printed Page 1460 . . . . . Thursday, March 18, 1999

IMPROVEMENT BONDS AND BY PAYING CASH FOR PROJECTS FOR WHICH BONDS HAVE BEEN AUTHORIZED BUT NOT ISSUED, AND TO PROVIDE FOR RELATED MATTERS.
A.   Section 11-11-140 of the 1976 Code, as last amended by Act 155 of 1997, is further amended to read:

"Section 11-11-140.   (A)(1) In the Governor's annual budget recommendation to the General Assembly, no recommendation may be made for the appropriation of surplus general fund revenues in excess of amounts officially recognized as such by the Board of Economic Advisors.

(2)(a)   In any bill or joint resolution appropriating general fund revenues, no surplus general fund revenue may be appropriated in excess of amounts officially recognized as such by the Board of Economic Advisors.

(b)   Surplus general fund revenues in excess of those officially recognized by the Board of Economic Advisors in their February fifteenth revenue estimate must be transferred to and deposited in a separate account in the State Treasury and must be used as provided in this subsection. After a review of interest rates, the State Treasurer shall make recommendations to the Joint Bond Review Committee and, upon approval by the committee, the State Treasurer must use these funds for debt service payments as appropriated annually in the General Appropriations Act.

(B) In making the annual budget recommendation to the General Assembly, the Governor shall not incorporate or realize any revenue derived on the basis of any future change in a method of accounting, as determined by the Budget and Control Board, unless the change in a method of accounting is based on statutory authority specifically granted to the Budget and Control Board or a statutory enactment changing the method of accounting." /
B.   This section takes effect July 1, 1999 and first applies for otherwise unappropriated general fund surplus revenues attributable to fiscal year 1998-99. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY explained the amendment.
Rep. KELLEY moved to table the amendment.
The amendment was then tabled by a division vote of 46 to 40.


Printed Page 1461 . . . . . Thursday, March 18, 1999

Reps. HARVIN, LAW, MADDOX, YOUNG-BRICKELL, HARRIS and RHOAD proposed the following Amendment No. 344 (Doc Name housedesk\council\pt\amend\1385ac99.doc), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:

/ SECTION ____

TO AMEND SECTION 12-21-4200 OF THE 1976 CODE, RELATING TO THE DISTRIBUTION OF BINGO TAX REVENUES, SO AS TO REVISE THE DISTRIBUTION PERCENTAGES OF BINGO TAX REVENUES AND TO PROVIDE A MINIMUM ANNUAL DISTRIBUTION OF THESE REVENUES OF ONE MILLION DOLLARS TO THE OFFICE ON AGING OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THREE AND ONE-HALF MILLION DOLLARS TO THE PARKS AND RECREATION DEVELOPMENT FUND OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, WITH THE BALANCE OF THE REVENUES CREDITED TO THE GENERAL FUND OF THE STATE, AND TO CORRECT REFERENCES.
A.   Section 12-21-4200 of the 1976 Code, as added by Act 449 of 1996, is amended to read:
"Section 12-21-4200.     The first nine hundred forty-eight thousand dollars of the total revenues derived from the provisions of this article which is collected from bingo within this State must be deposited monthly in twelve equal amounts into an account in the Office of the State Treasurer and called styled the 'Division On 'Office on Aging Senior Citizen Centers Permanent Improvement Fund'. All interest earned on monies in the Division Office on Aging Senior Citizen Centers Permanent Improvement Fund must be credited to this fund. Of the remaining revenue:

(1)   Seven and five one-hundredths Fifteen percent, but not less than one million dollars, of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer to be credited to the account of the Division Office on Aging, Office of the Governor of the Department of Health and Human Services. This amount must be allocated to each county for distribution in home community services for the elderly as follows:

(a)   One-half of the funds must be divided equally among the forty-six counties.

(b)   The remaining one-half must be divided based on the percentage of the county's population age sixty and above in relation to


Printed Page 1462 . . . . . Thursday, March 18, 1999

the total state population using the latest report of the United States Bureau of the Census.

The aging service providers receiving these funds must be agencies recognized by the Division Office on Aging of the Office of the Governor Department of Health and Human Services and the area agencies on aging.

(2)   Twenty and eight-tenths Thirty-five percent, but not less than three and one-half million dollars, of the annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited by the State Treasurer in a separate fund for the Department of Parks, Recreation and Tourism entitled the Parks and Recreation Development Fund. Interest earned by this fund must be added to it and credited to its various accounts in the same proportion that the annual allocation to each account bears to the total annual distribution to the fund. Unexpended amounts in the various fund accounts must be carried forward to succeeding fiscal years except as provided in Section 51-23-30. Fund proceeds must be distributed as provided in Chapter 23 of Title 51.

(3)   Seventy-two and fifteen one-hundredths percent of the The remaining annual revenue derived from the provisions of Section 12-21-4190(2) must be deposited with the State Treasurer and credited to the general fund."
SECTION   2.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. JENNINGS explained the amendment.
Rep. JENNINGS continued speaking.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to table the amendment.

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

Yeas 67; Nays 43

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Brown H.               Brown J.               Campsen
Cato                   Chellis                Cooper

Printed Page 1463 . . . . . Thursday, March 18, 1999

Cotty                  Dantzler               Easterday
Edge                   Fleming                Gamble
Gilham                 Govan                  Hamilton
Harrell                Harrison               Hawkins
Hinson                 Howard                 Keegan
Kelley                 Kirsh                  Knotts
Koon                   Law                    Leach
Limehouse              Lloyd                  Loftis
Martin                 Mason                  McLeod M.
Moody-Lawrence         Neal                   Parks
Quinn                  Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith D.
Smith R.               Stuart                 Townsend
Tripp                  Vaughn                 Walker
Webb                   Whatley                Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--67

Those who voted in the negative are:

Askins                 Bailey                 Bales
Battle                 Bowers                 Breeland
Brown G.               Brown T.               Canty
Clyburn                Cobb-Hunter            Delleney
Emory                  Harris                 Harvin
Hayes                  Hines J.               Hines M.
Jennings               Kennedy                Klauber
Lee                    Littlejohn             Lourie
Lucas                  Mack                   Maddox
McCraw                 McGee                  McLeod W.
McMahand               Miller                 Ott
Phillips               Pinckney               Rhoad
Scott                  Smith F.               Smith J.
Stille                 Taylor                 Whipper
Wilder

Total--43


Printed Page 1464 . . . . . Thursday, March 18, 1999

So, the amendment was tabled.

Reps. CARNELL, CLYBURN, GOVAN, WILDER, NEAL, HOWARD, COBB-HUNTER, MCCRAW, KENNEDY, MACK, BALES, PHILLIPS, BREELAND, LLOYD, PARKS, PINCKNEY, HAYES, JENNINGS, HARVIN, INABINETT, ASKINS, MADDOX, BAILEY, BOWERS, G. BROWN, BATTLE, GOURDINE, MOODY-LAWRENCE, MILLER, LEE, J. SMITH, ALLEN, W. MCLEOD, J. HINES, RUTHERFORD, MCMAHAND, OTT, CANTY, HOWARD, WHIPPER and M. MCLEOD proposed the following Amendment No. 345 (Doc Name dka\3337mm99.doc), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:

/ SECTION ____

TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE ADDITIONAL PROJECTS AND CONFORM THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO THE ADDITIONAL AMOUNTS AUTHORIZED BY THIS ACT.
A.   Item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 1, Act 139 of 1997, is further amended by adding:

A.   Colleges and Universities

(a)   Commission on Higher Education

University Center

McAlister Square         7,500,000

(b)     The Citadel

Padget-Thomas Hall

Replacement             8,000,000

(c)   Clemson University

Long Hall                 4,000,000

Littlejohn Coliseum       9,000,000

(d)   University of Charleston

Physical Education Center   12,000,000

Simons Center for the Arts     3,000,000

(e)     Coastal Carolina University

Humanities and Fine Arts

Building                     5,601,500

(f)     Francis Marion University

Energy Facility Upgrade       525,000


Printed Page 1465 . . . . . Thursday, March 18, 1999

(g)   Lander University

Renovation of Campus

Electronic Communications

Infrastructure                 988,000

Student Center Facility       7,000,000

(h)   South Carolina State University

Hodge Hall Science

Building                   10,000,000

Lowman Hall             6,000,000

Deferred Maintenance

Phase One               7,500,000

Phase Two               4,000,000

(i)     University of South Carolina

Columbia (including Medical School)

School of Public Health       3,500,000

Arena                           7,500,000

Wellness and Fitness Center   2,000,000

School of Law

-New Building             5,000,000

(j)     USC - Aiken Campus

Student Activities Center     3,000,000

(k)   USC - Beaufort Campus

New River Facility           1,000,000

(l)     USC - Spartanburg Campus

Def. Maint.                   2,000,000

(m)   USC Sumter Campus

Alice Drive Baptist Church

-Acquisition               1,500,000

(n)   Winthrop University

Sciences Equipment         1,900,000

(o)   Medical University of South Carolina

Hollings Cancer Center

-Expansion                 10,000,000

Oncology Center           7,000,000

B.     State Technical and   Comprehensive Education

(a)   Technical System

Education and Training

Equipment                 13,000,000

(b)     Aiken Technical College

Health and Sciences

Building                     5,325,000


Printed Page 1466 . . . . . Thursday, March 18, 1999

(c)   Central Carolina Techinical College

EF Dubose Career Center       9,611,309

(d)   Denmark Technical College

Library                         2,000,000

(e)   Horry-Georgetown Technical   College

Library/Student Center         7,136,224

(f)   Midlands Technical College

Information Tech Center NE   Campus     5,280,000

(g)   Orangeburg-Calhoun Tech College

Library, Cafeteria, and

Student Service Area           4,256,000

(h)   Piedmont Technical College

Laurens County Higher

Education Center             4,000,000

Edgefield County Center

Renovation                                       900,000

(i)     Spartanburg Technical College

Student Services Building       5,700,000

(j)     Trident Technical College

Industrial/Economic

Development Center           3,000,000

Electro Mech Lab               800,000

(k)   York Technical College

Building C Expansion           2,100,000

Machine Tools Technology

Center                       1,000,000

(l)   Williamsburg County Technical College

Roof Replacement

-Buildings A & B               600,000

Computer Equipment

and Software                   599,723

C.     OTHER EDUCATIONAL AGENCIES
(a) Governor's School for Science
and Math   Renovation of Facility           6,000,000

(b)     School for the Deaf and Blind

Walker Hall Renovation         11,920,000

Building Repairs             4,132,550

(c)   Wil Lou Gray

Roof System                 1,000,000

Flooring                         1,000,000

D.   OTHER AGENCIES


Printed Page 1467 . . . . . Thursday, March 18, 1999

(a)   Budget and Control Board

Deferred Maintenance             4,281,193

(b)   Clemson PSA

Agriculture and Life Science                       Complex                                       10,000,000

Edisto Center                   4,000,000

(c)   Department of Commerce

Lake Marion Water

Agency                           8,000,000

Spartanburg Renaissance

Center                             4,000,000

(d)   Departmental Mental Health

Greenville Mental Health

Center                             5,985,000

Kershaw/Santee/Wateree

Center                             2,300,000

Greenwood Beckman Health                             Center                                       4,700,000

(e)   Department of Natural Resources

Florence HQ Building               500,000

Greenwood HQ Building           500,000

(f)   State Library

Cherokee County Library           500,000

Clinton Public Library               200,000

Dillon County Library             1,000,000
B.   Section 4 of Act 1377 of 1968, as last amended by Act 111 of 1997, is further amended to read:

"Section 4.   The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $2,146,199,426.10 2,411,040,925.10. The limitation imposed by the provisions of this section does not apply to bonds issued on behalf of the Mental Health Commission as provided in Acts 1276 and 1272 of 1970 or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970 or to bonds issued on behalf of the South Carolina Fire Academy. The limitation imposed by the provisions of this section is not considered to be an obligation of the contract made between the State and holders of bonds issued pursuant to this act, and the limitation imposed by the provisions of this section may be enlarged by acts amending it or reduced by the application of the Capital Reserve Fund or by amendments of this act. Within these


Printed Page 1468 . . . . . Thursday, March 18, 1999

limitations state capital improvement bonds may be issued under the conditions prescribed by this act."
C.   In order for each agency or institution of Higher Education to receive the allocation provided in this section, it must commit at least five thousand dollars from Part 1 of the fiscal 1999-00 General Appropriations Act to pay for the initial a and e cost. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CARNELL explained the amendment.

POINT OF ORDER

Rep. HASKINS raised a Point of Order that Amendment No. 345 was out of order in that it was not germane to the Bill under Rule 5.3B.

Rep. CARNELL argued contra.

SPEAKER WILKINS overruled the Point of Order.

Rep. CARNELL continued speaking.
Rep. H. BROWN moved to table the amendment.

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

Yeas 61; Nays 53

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Brown H.               Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Easterday              Edge
Fleming                Gamble                 Gilham
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Lanford
Leach                  Limehouse              Littlejohn
Loftis                 Martin                 Mason
McGee                  Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith D.

Printed Page 1469 . . . . . Thursday, March 18, 1999

Smith R.               Stille                 Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Whatley
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--61

Those who voted in the negative are:

Askins                 Bailey                 Bales
Battle                 Bowers                 Breeland
Brown J.               Brown T.               Canty
Carnell                Clyburn                Cobb-Hunter
Delleney               Emory                  Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines J.               Hines M.
Howard                 Jennings               Kennedy
Klauber                Lee                    Lloyd
Lourie                 Lucas                  Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rutherford
Scott                  Smith F.               Smith J.
Taylor                 Webb                   Whipper
Wilder                 Wilkes

Total--53

So, the amendment was tabled.

Rep. KLAUBER proposed the following Amendment No. 352 (Doc Name housedesk\council\dka\amend\3345mm99.doc), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION __

TO AMEND CHAPTER 4, TITLE 30 OF THE 1976 CODE, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO PROHIBIT THE SALE OR OTHER RELEASE OF SOCIAL


Printed Page 1470 . . . . . Thursday, March 18, 1999

SECURITY NUMBERS AND DRIVER'S LICENSE OR IDENTIFICATION CARD PHOTOGRAPHS OR SIGNATURES BY THE DEPARTMENT OF PUBLIC SAFETY.
A.   Chapter 4, Title 30 of the 1976 Code is amended by adding:

"Section 30-4-160.   (A)   This chapter does not allow the Department of Public Safety to sell, provide, or otherwise furnish to a private party social security numbers in its records, copies of photographs, or signatures whether digitized or not, taken for the purpose of a driver's license or personal identification card.

(B)   Photographs, signatures, and digitized images from a driver's license or personal identification card are not public records."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. RHOAD proposed the following Amendment No. 353 (Doc Name housedesk\council\pt\amend\1389ac99.doc), which was ruled out of order.
Amend the amendment to the bill, as and if amended, proposed by Representative Carnell, bearing document number V:\HouseDesk\DKA\Amend\3337MM99.doc, page 8, by adding an item under item (F) to read:
/ ( )   Bamberg County Library Renovations   100,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. RHOAD explained the amendment.

POINT OF ORDER

Rep. HASKINS raised a Point of Order that Amendment No. 353 was out of order in that it was not germane to the Bill under Rule 5.3B.

Rep. RHOAD argued contra.

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

Rep. FLEMING proposed the following Amendment No. 354, which was ruled out of order.


Printed Page 1471 . . . . . Thursday, March 18, 1999

Amend the bill, as and if amended, in part ii, by adding a new section appropriately numbered to read:

/SECTION

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1735 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO IS A PUBLIC SCHOOL TEACHER IN THIS STATE MAY ESTABLISH SERVICE CREDIT FOR TEACHING IN A PRIVATE SCHOOL IN THIS STATE IN THE SAME MANNER AND AT THE SAME COST THAT CREDIT MAY BE ESTABLISHED FOR "OUT -OF-STATE SERVICE", AND TO DEFINE PRIVATE SCHOOL.

Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 13, Chapter 1, Title 1 of the 1976 Code is amended by adding:
"Section 9-1-1735.   (A) A public school teacher member of the system may establish service credit for time teaching as a certified teacher in a private school in this State in the same manner and at the same cost that credit may be established for 'out-of-state service'.
(B)   Private schools include all schools other than public schools provided in Section 59-65-10 for purposes of meeting the requirements of the compulsory attendance law."
Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. KELLEY raised a Point of Order that Amendment No. 354 was out of order in that it was not germane to the Bill under Rule 5.3B.

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

Reps. KLAUBER and HAWKINS proposed the following Amendment No. 355 (Doc Name council\nbd\11254mm99.doc), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered Section, Part II.

/ SECTION _____

TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-545 SO AS TO PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY


Printed Page 1472 . . . . . Thursday, March 18, 1999

FROM SELLING OR OTHERWISE FURNISHING SOCIAL SECURITY NUMBERS, PHOTOGRAPHS, OR SIGNATURES FROM ITS RECORDS TO A PRIVATE PARTY.
A.   The 1976 Code is amended by adding:

"Section 56-3-545. The Department of Public Safety may not sell, provide, or otherwise furnish to a private party Social Security numbers, copies of photographs, or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. A social security number, photograph, signature, or digitized image from a driver's license or personal identification card is not a public record."
B.   This section takes effect July 1, 1999./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. KNOTTS and WHATLEY proposed the following Amendment No. 356 (Doc Name council\psd\amend\7313ac99.doc), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:

/   SECTION ____

TO AMEND THE 1976 CODE BY ADDING SECTION 23-6-180 SO AS TO PROVIDE THAT UPON RETIREMENT, A STATE TROOPER MAY RETAIN HIS/HER COMMISSION IN RETIRED STATUS WITH THE RIGHT TO RETAIN HIS/HER SERVICE WEAPON ISSUED WHILE SERVING IN ACTIVE DUTY STATUS.
A.   The 1976 Code is amended by adding:
"Section 23-6-180.   Upon retirement, a state trooper may retain his/her commission in retired status with all rights and privileges of other retired status commissioned state law enforcement officers, including the right to retain his/her service weapon issued while serving in active duty status."
B. Of the funds appropriated to the Department of Public Safety in the 1999-2000 General Appropriation Act, funds must be expended by the department to replace any weapons that remain with retiring troopers pursuant to Section 23-6-180 of the 1976 Code, as added by subsection A. of this Section.
C. This section takes effect July 1, 1999./


Printed Page 1473 . . . . . Thursday, March 18, 1999

Renumber sections to conform.
Amend totals and title to conform.

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

Reps. KNOTTS, BAUER proposed the following Amendment No. 359 (Doc Name housedesk\council\gjk\amend\20453sd99.doc), which was tabled.
Amend the bill, as and if amended, PART IB, SECTION 56DD, Governor's Office - SLED by inserting at the end of paragraph 9, beginning on line 28, page 476 the following:
/Of the appropriations to the State Law Enforcement Division for Support Services - Special Items - Agent Operations, $23,000 must be used to pay workers' compensation premiums for Class II constables./
Renumber sections to conform.
Amend totals and title to conform.

Rep. KNOTTS explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.

Rep. CANTY proposed the following Amendment No. 361 (Doc Name housedesk\council\bbm\amend\9154jm99.doc), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2779 SO AS TO IMPOSE A THIRTY PERCENT TAX ON GROSS INCOME FROM VIDEO GAMES WITH A FREE PLAY FEATURE AND A PLAYER TAX AT THE RATE OF FIVE PERCENT ON CERTAIN AMOUNTS, TO PROVIDE FOR PAYMENT, ENFORCEMENT, AND COLLECTION OF THESE TAXES, AND TO PROVIDE THAT REVENUES OF THESE TAXES MUST BE CREDITED TO THE GENERAL FUND OF THE STATE.
A.   Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2779.     (A)   A tax at the rate of thirty percent is imposed on gross machine income. Gross machine income has the meaning provided in Section 12-21-2772(7), except that the amount


Printed Page 1474 . . . . . Thursday, March 18, 1999

paid out is deemed to include the tax withheld on a player payment pursuant to subsection (B) of this section.

(B)     A player tax at the rate of five percent is imposed on all amounts paid out to a machine player for credits derived from the operation of a machine. The tax imposed by this subsection must be deducted from amounts paid to a player.

(C)   The tax imposed by this section are due and payable on or before the twentieth day of the month, and the licensed machine owner is liable for the tax and shall make a return to the department, in the form it prescribes, showing total cash in, the total payout, and gross machine income for the previous month, and remit the tax with it.

(D)   Enforcement and collection of this tax is as provided in Chapter 54 of this title."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CANTY explained the amendment.
Rep. KELLEY moved to table the amendment.

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

Yeas 57; Nays 46

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Breeland
Brown H.               Campsen                Cato
Chellis                Cobb-Hunter            Cooper
Cotty                  Dantzler               Easterday
Edge                   Gamble                 Gilham
Harrell                Harrison               Harvin
Hinson                 Keegan                 Kelley
Klauber                Knotts                 Koon
Limehouse              Lloyd                  Lourie
Lucas                  Maddox                 Martin
McCraw                 McGee                  Neilson
Parks                  Phillips               Quinn
Riser                  Rodgers                Rutherford
Sandifer               Seithel                Smith D.
Smith J.               Smith R.               Stuart

Printed Page 1475 . . . . . Thursday, March 18, 1999

Taylor                 Townsend               Tripp
Walker                 Whatley                Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--57

Those who voted in the negative are:

Askins                 Bales                  Battle
Beck                   Bowers                 Brown T.
Canty                  Clyburn                Delleney
Emory                  Fleming                Gourdine
Govan                  Hamilton               Harris
Haskins                Hawkins                Hines J.
Hines M.               Howard                 Jennings
Kirsh                  Leach                  Lee
Loftis                 Mack                   Mason
McLeod M.              McLeod W.              Miller
Moody-Lawrence         Neal                   Ott
Rhoad                  Rice                   Robinson
Scott                  Sharpe                 Sheheen
Simrill                Smith F.               Trotter
Webb                   Whipper                Wilder
Wilkes

Total--46

So, the amendment was tabled.

Reps. BAILEY, W. MCLEOD, M. MCLEOD, HAYES, RHOAD, HARVIN and SCOTT proposed the following Amendment No. 362 (Doc Name housedesk\council\bbm\amend\9155htc99.doc), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION __

TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" AUTHORIZING THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA


Printed Page 1476 . . . . . Thursday, March 18, 1999

AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
Title 59 of the 1976 Code is amended by adding:

"CHAPTER 146
State School Facilities Bond Act

Section 59-146-10.   This chapter may be cited as the 'State School Facilities Bond Act'.

Section 59-146-20.   The General Assembly finds that, for the benefit of the people of the State, the increase of their commerce, welfare and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the full opportunity to learn and to develop their intellectual and mental capacities; that it is essential that school districts of this State be provided with adequate educational facilities and appropriate additional means to assist the youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance to enable school districts in this State to provide the facilities and structures which are needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided in this chapter.

Section 59-146-30.   As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'School district' means a public body corporate and politic operating as a school district pursuant to Chapter 17, Title 59.

(3)   'School facilities' means only those facilities defined as 'school facilities' in Section 59-144-30.

(4)   'State board' means the State Board of Education.

(5)   'State school facilities bonds' means general obligation bonds of the State of South Carolina issued under the authority of this chapter.

Section 59-146-40.   In order to obtain funds for allocation to school districts for school facilities, there must be issued state school facilities bonds as prescribed by this chapter.

Section 59-146-50.   The maximum principal amount of state school facilities bonds issued pursuant to this chapter may not exceed seven hundred fifty million dollars except that this limitation does not apply to state school facilities bonds issued for the purpose of refunding prior issues of state school facilities bonds. Of the funds appropriated in excess of fifty million dollars pursuant to Section 72.83, Part IB, of the Annual General Appropriations Act for Fiscal


Printed Page 1477 . . . . . Thursday, March 18, 1999

Year 1999-00 for school buildings, the first six million dollars must be used to pay debt service on bonds issued pursuant to this chapter. It is the intent of the General Assembly for the Department of Education to allocate seven hundred fifty million dollars pursuant to Section 59-144-100 and to inform each school district of its individual allocation. Further, it is the intent of the General Assembly that not more than two hundred fifty million dollars of state school facilities bonds be issued in fiscal year 1999-2000. The authority to issue bonds pursuant to this chapter expires four years from the effective date of this chapter. The four-year limitation, however, does not apply to bonds issued to retire bond anticipation notes.

Section 59-146-60.   The State Board of Education, by resolution, shall notify the State Budget and Control Board of the following:

(1)   the amount required for allocation to local school districts for school facilities for the next fiscal year;

(2)   a tentative time schedule setting the period of time during which the sum requested must be expended;

(3)   a debt service table showing the annual principal and interest requirements for all state school facilities bonds outstanding; and

(4)   the total amount of all state school facilities bonds issued.

This notification must be presented to the Budget and Control Board by March first of each year.

Section 59-146-70.   Following the receipt of the notification presented pursuant to Section 59-146-60, the State Budget and Control Board, by resolution duly adopted, shall effect the issuance of state school facilities bonds, or pending their issuance, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.

Section 59-146-80.   In order to effect the issuance of state school facilities bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of state school facilities bonds pursuant to the provisions of this chapter. The authorizing resolution must include:

(1)   schedules of the aggregate of all general obligation debt of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, together with certificates of the State Treasurer and State Auditor evidencing compliance with the provisions of paragraph 6(c) of Section 13 of Article X of the South Carolina Constitution;

(2)   a schedule showing the aggregate of state school facilities bonds issued, the purposes for which they were issued, the annual payments required to retire the state school facilities bonds, the interest on them,


Printed Page 1478 . . . . . Thursday, March 18, 1999

and the amount of special funds applicable to the retirement of the outstanding state school facilities bonds;

(3)   the amount of state school facilities bonds to be issued; and

(4)   a schedule showing future annual principal requirements and estimated annual interest requirements on the state school facilities bonds to be issued.

Section 59-146-90.   The state school facilities bonds must bear the date and mature at the time that the resolution provides except that state school facilities bonds may not mature more than thirty years from its date of issue. The state school facilities bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase, and contain other provisions determined by the State Budget and Control Board before their issuance. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.

Section 59-146-100.   All state school facilities bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.

Section 59-146-110.   All state school facilities bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the state school facilities bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.

Section 59-146-120.   For the payment of the principal and interest on all state school facilities bonds issued and outstanding pursuant to this chapter, there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Section 13 of Article X of the South Carolina Constitution, the General Assembly shall allocate on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.

Section 59-146-130.   State school facilities bonds must be sold by the Governor and the State Treasurer upon sealed proposals after publication of notice of the sale one or more times at least seven days before the sale in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The


Printed Page 1479 . . . . . Thursday, March 18, 1999

state school facilities bonds may be awarded only to the lowest interest cost bidder, but the right is reserved to reject all bids and to readvertise the state school facilities bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Budget and Control Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.

Section 59-146-140.   The proceeds of the sale of state school facilities bonds must be received by the State Treasurer and applied to the purposes for which they were issued, except that the accrued interest, if any, must be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds in no way are liable for the proper application of the proceeds to the purposes for which they are intended.

Section 59-146-150.   It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.

Section 59-146-160.   The proceeds received from the issuance of state school facilities bonds, after deducting the costs of issuance, must be allocated to the school districts in the same manner and for the same purposes as provided in Section 59-144-100 and the first paragraph of Section 59-144-30.

Section 59-146-170.   The responsibilities and duties of the State Department of Education and State Board of Education are as outlined in Sections 59-144-120, 59-144-130, and 59-144-140.

Section 59-146-180.   To qualify for the funds pursuant to this chapter, each school district must meet the requirements of this chapter and guidelines promulgated in this connection. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. BAILEY explained the amendment.

POINT OF ORDER

Rep. HASKINS raised a Point of Order that Amendment No. 362 was out of order in that it was not germane to the Bill under Rule 5.3B.


Printed Page 1480 . . . . . Thursday, March 18, 1999

Rep. CARNELL argued contra.

Rep. COBB-HUNTER argued contra.

Rep. JENNINGS argued contra.

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

Rep. BAUER proposed the following Amendment No. 363 (Doc Name housedesk\council\bbm\amend\9156htc99.doc), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 44-1-270, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVISE AND IMPLEMENT A PROGRAM TO PAY NONPROFIT TAX EXEMPT ORGANIZATIONS FIFTY CENTS A BAG FOR TRASH PICKED UP ALONG PUBLIC RIGHTS OF WAY AND HAULED TO COLLECTION POINTS THROUGHOUT THE STATE.
A.   Chapter 1, Title 44 of the 1976 Code is amended by adding:

"Section 44-1-270.   From funds appropriated to the Department of Health and Environmental Control for land quality improvement in the Annual General Appropriations Act for Fiscal Year 1999-00, the department shall devise and implement a program that pays nonprofit tax exempt organizations fifty cents a bag for trash picked up along public rights of way, bagged, and hauled to collection points throughout the state designated by the department."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. BAUER explained the amendment.
Rep. WILKES moved to table the amendment, which was agreed to.

Reps. D. SMITH, HASKINS, LITTLEJOHN, QUINN, ALLEN, TOWNSEND, DAVENPORT, TRIPP, VAUGHN, KIRSH, LEACH, LOFTIS, EASTERDAY, ROBINSON and MARTIN proposed the following Amendment No. 366 (Doc Name KGH\15465HTC99), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:


Printed Page 1481 . . . . . Thursday, March 18, 1999

/ SECTION   ____

TO AMEND SECTION 58-31-110 OF THE 1976 CODE, RELATING TO THE NET EARNINGS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY REMITTED TO THE GENERAL FUND OF THE STATE, SO AS TO ESTABLISH A MINIMUM ANNUAL PAYMENT AND TO REQUIRE THAT FROM THIS MINIMUM PAYMENT THE STATE SHALL REMIT TO ANY SCHOOL DISTRICT OUTSIDE THE AUTHORITY'S SERVICE AREA IN WHICH IS LOCATED AN ELECTRIC GENERATING FACILITY OWNED OR OPERATED BY THE AUTHORITY AN AMOUNT EQUAL TO THE SCHOOL TAXES THAT WOULD BE DUE ON THE FACILITY IF IT WERE ASSESSED FOR PROPERTY TAXES AS UTILITY PROPERTY.
A.   Section 58-31-110 of the 1976 Code is amended to read:

"Section 58-31-110.   The South Carolina Public Service Authority is a corporation, completely owned by and to be operated for the benefit of the people of this State, and any and all net earnings thereof not necessary or desirable for the prudent conduct and operation of its business or to pay the principal of and interest on its bonds, notes, or other evidences of indebtedness or other obligations or to fulfill the terms and provisions of any agreements made with the purchasers or holders thereof or others shall be paid over semiannually to the State Treasurer for the general funds of the State and shall be used to reduce the tax burdens on the people of this State. This payment must not be less than sixteen million dollars in each state fiscal year. From the amount of this payment in excess of the amount paid in fiscal year 1998-99, the State shall remit to a school district outside of the service area of the authority in which the authority has located an electric generating facility which it owns or operates an amount equal to the school taxes that would be due on this facility if it were assessed for taxes as utility property pursuant to Section 12-43-220(a)."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER

Rep. LAW raised a Point of Order that Amendment No. 366 was out of order in that it was not germane to the Bill under Rule 5.3B. He


Printed Page 1482 . . . . . Thursday, March 18, 1999

further stated that the same Point of Order had been raised in 1994 concerning an amendment referring to the Santee-Cooper Authority and that the former Speaker had sustained the Point of Order.

SPEAKER WILKINS stated that he was aware of the similar Point of Order raised in 1994.   He further stated that the 1994 ruling was distinguishable because Amendment No. 366 related directly to revenue in the bill and he would overruled the Point of Order.

Rep. TOWNSEND continued speaking.
Rep. STILLE spoke in favor of the amendment.
Rep. LAW spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. LAW moved to table the amendment.

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

Yeas 78; Nays 21

Those who voted in the affirmative are:

Altman                 Askins                 Bailey
Bales                  Barfield               Battle
Bauer                  Beck                   Bowers
Breeland               Brown H.               Brown T.
Campsen                Canty                  Cato
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Delleney
Edge                   Emory                  Gamble
Gilham                 Gourdine               Harrell
Harris                 Harrison               Harvin
Hawkins                Hayes                  Hines J.
Hinson                 Howard                 Jennings
Keegan                 Kelley                 Kennedy
Klauber                Knotts                 Koon
Law                    Lee                    Limehouse
Lloyd                  Lourie                 Lucas
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Miller                 Neal                   Ott
Parks                  Phillips               Pinckney
Rhoad                  Riser                  Rodgers
Seithel                Sharpe                 Sheheen

Printed Page 1483 . . . . . Thursday, March 18, 1999

Simrill                Smith J.               Smith R.
Taylor                 Tripp                  Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum

Total--78

Those who voted in the negative are:

Allison                Cooper                 Fleming
Hamilton               Haskins                Kirsh
Leach                  Loftis                 Martin
Moody-Lawrence         Quinn                  Rice
Robinson               Smith D.               Stille
Stuart                 Townsend               Trotter
Vaughn                 Walker                 Webb

Total--21

So, the amendment was tabled.

Rep. FLEMING proposed the following Amendment No. 367, which was tabled.
Amend the bill, as and if amended, in part II, by adding a new section appropriately numbered to read:

Section

No state correctional institution may expend State appropriated funds for cable television, satellite television, or any similar multi-channel television for Inmate viewing. In addition, no Local government that receives State appropriated funding through aid to subdivisions in the General Appropriations Act may expend funds for cable television, satellite television, or similar multi-channel television for inmate viewing in any jail or detention facility.
Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING explained the amendment.
Rep. ALTMAN moved to table the amendment.

Rep. FLEMING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 53 to 29.


Printed Page 1484 . . . . . Thursday, March 18, 1999

Reps. BAILEY, W. MCLEOD, M. MCLEOD, HAYES, RHOAD, HARVIN and SCOTT proposed the following Amendment No. 371 (Doc Name housedesk\council\bbm\amend\9158std99.doc), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION __

TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" AUTHORIZING THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
Title 59 of the 1976 Code is amended by adding:

"CHAPTER 146
State School Facilities Bond Act

Section 59-146-10.   This chapter may be cited as the 'State School Facilities Bond Act'.

Section 59-146-20.   The General Assembly finds that, for the benefit of the people of the State, the increase of their commerce, welfare and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the full opportunity to learn and to develop their intellectual and mental capacities; that it is essential that school districts of this State be provided with adequate educational facilities and appropriate additional means to assist the youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance to enable school districts in this State to provide the facilities and structures which are needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided in this chapter.

Section 59-146-30.   As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'School district' means a public body corporate and politic operating as a school district pursuant to Chapter 17, Title 59.

(3)   'School facilities' means only those facilities defined as 'school facilities' in Section 59-144-30.

(4)   'State board' means the State Board of Education.


Printed Page 1485 . . . . . Thursday, March 18, 1999

(5)   'State school facilities bonds' means general obligation bonds of the State of South Carolina issued under the authority of this chapter.

Section 59-146-40.   In order to obtain funds for allocation to school districts for school facilities, there must be issued state school facilities bonds as prescribed by this chapter.

Section 59-146-50.   The maximum principal amount of state school facilities bonds issued pursuant to this chapter may not exceed seven hundred fifty million dollars except that this limitation does not apply to state school facilities bonds issued for the purpose of refunding prior issues of state school facilities bonds. Of the funds appropriated in Section 67 in Part IA, in the Annual General Appropriations Act for Fiscal Year 1999-00 for capital improvement bonds debt service, the first six million dollars must be used to pay debt service on bonds issued pursuant to this chapter during fiscal year 1999-2000. It is the intent of the General Assembly for the Department of Education to allocate seven hundred fifty million dollars pursuant to Section 59-144-100 and to inform each school district of its individual allocation. Further, it is the intent of the General Assembly that not more than two hundred fifty million dollars of state school facilities bonds be issued in fiscal year 1999-2000. The authority to issue bonds pursuant to this chapter expires four years from the effective date of this chapter. The four-year limitation, however, does not apply to bonds issued to retire bond anticipation notes.

Section 59-146-60.   The State Board of Education, by resolution, shall notify the State Budget and Control Board of the following:

(1)   the amount required for allocation to local school districts for school facilities for the next fiscal year;

(2)   a tentative time schedule setting the period of time during which the sum requested must be expended;

(3)   a debt service table showing the annual principal and interest requirements for all state school facilities bonds outstanding; and

(4)   the total amount of all state school facilities bonds issued.

This notification must be presented to the Budget and Control Board by March first of each year.

Section 59-146-70.   Following the receipt of the notification presented pursuant to Section 59-146-60, the State Budget and Control Board, by resolution duly adopted, shall effect the issuance of state school facilities bonds, or pending their issuance, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.


Printed Page 1486 . . . . . Thursday, March 18, 1999

Section 59-146-80.   In order to effect the issuance of state school facilities bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of state school facilities bonds pursuant to the provisions of this chapter. The authorizing resolution must include:

(1)   schedules of the aggregate of all general obligation debt of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, together with certificates of the State Treasurer and State Auditor evidencing compliance with the provisions of paragraph 6(c) of Section 13 of Article X of the South Carolina Constitution;

(2)   a schedule showing the aggregate of state school facilities bonds issued, the purposes for which they were issued, the annual or semi-annual payments required to retire the state school facilities bonds, the interest on them, and the amount of special funds applicable to the retirement of the outstanding state school facilities bonds;

(3)   the amount of state school facilities bonds to be issued; and

(4)   a schedule showing future annual or semi-annual principal requirements and estimated annual or semi-annual interest requirements on the state school facilities bonds to be issued.

Section 59-146-90.   The state school facilities bonds must bear the date and mature at the time that the resolution provides except that state school facilities bonds may not mature more than thirty years from its date of issue. The state school facilities bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase, and contain other provisions determined by the State Budget and Control Board before their issuance. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.

Section 59-146-100.   All state school facilities bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.

Section 59-146-110.   All state school facilities bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the state school facilities bonds executed and authenticated is valid


Printed Page 1487 . . . . . Thursday, March 18, 1999

notwithstanding changes in officers or seal occurring after the execution or authentication.

Section 59-146-120.   For the payment of the principal and interest on all state school facilities bonds issued and outstanding pursuant to this chapter, there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Section 13 of Article X of the South Carolina Constitution, the General Assembly shall allocate on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.

Section 59-146-130.   State school facilities bonds must be sold by the Governor and the State Treasurer upon sealed proposals after publication of notice of the sale one or more times at least seven days before the sale in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The state school facilities bonds may be awarded only to the lowest interest cost bidder, but the right is reserved to reject all bids and to readvertise the state school facilities bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Budget and Control Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.

Section 59-146-140.   The proceeds of the sale of state school facilities bonds must be received by the State Treasurer and applied to the purposes for which they were issued, except that the accrued interest, if any, must be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds in no way are liable for the proper application of the proceeds to the purposes for which they are intended.

Section 59-146-150.   It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.

Section 59-146-160.   The proceeds received from the issuance of state school facilities bonds, after deducting the costs of issuance, must be allocated to the school districts in the same manner and for the same purposes as provided in Section 59-144-100 and the first paragraph of Section 59-144-30.


Printed Page 1488 . . . . . Thursday, March 18, 1999

Section 59-146-170.   The responsibilities and duties of the State Department of Education and State Board of Education are as outlined in Sections 59-144-120, 59-144-130, and 59-144-140.

Section 59-146-180.   To qualify for the funds pursuant to this chapter, each school district must meet the requirements of this chapter and guidelines promulgated in this connection. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. BAILEY explained the amendment.
Rep. HASKINS moved to table the amendment.

Rep. COBB-HUNTER demanded the yeas and nays, which were taken, resulting as follows:

Yeas 52; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Gilham
Hamilton               Harrell                Harrison
Haskins                Hinson                 Keegan
Kelley                 Kirsh                  Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Martin                 Mason                  Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Sheheen                Simrill                Smith D.
Smith R.               Townsend               Tripp
Trotter                Vaughn                 Walker
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--52


Printed Page 1489 . . . . . Thursday, March 18, 1999

Those who voted in the negative are:
Askins                 Bailey                 Bales
Battle                 Bauer                  Bowers
Breeland               Brown T.               Canty
Clyburn                Cobb-Hunter            Delleney
Emory                  Fleming                Gamble
Gourdine               Govan                  Harris
Harvin                 Hawkins                Hayes
Hines J.               Howard                 Jennings
Kennedy                Klauber                Knotts
Lee                    Lloyd                  Lourie
Lucas                  Maddox                 McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Seithel                Smith F.
Smith J.               Stille                 Stuart
Taylor                 Webb                   Whatley
Whipper                Wilder                 Wilkes

Total--57

So, the House refused to table the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKINS spoke against the amendment.
Rep. JENNINGS spoke in favor of the amendment.

POINT OF ORDER

Rep. QUINN raised a Point of Order that Amendment No. 371 was out of order in that it had the effect of appropriating funds in excess of ten million dollars and had no corresponding appropriation reductions and/or revenue increases included in the Bill as required under Rule 5.3B.

Rep. COBB-HUNTER argued contra.

SPEAKER PRO TEMPORE HASKINS stated that, although the amendment would require appropriations in excess of ten million dollars in future fiscal years, the amendment would not require an


Printed Page 1490 . . . . . Thursday, March 18, 1999

expenditure in excess of ten million dollars during fiscal year 1999-2000, and he overruled the Point of Order.

SPEAKER IN CHAIR

Rep. QUINN spoke against the amendment.
Rep. COTTY spoke against the amendment.
Rep. HARRELL spoke against the amendment.
Rep. BAILEY spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 55; Nays 57

Those who voted in the affirmative are:

Askins                 Bailey                 Bales
Battle                 Bauer                  Bowers
Breeland               Brown T.               Canty
Clyburn                Cobb-Hunter            Delleney
Emory                  Gamble                 Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines J.               Howard
Jennings               Kennedy                Knotts
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rutherford
Scott                  Seithel                Smith F.
Smith J.               Stuart                 Taylor
Whatley                Whipper                Wilder
Wilkes

Total--55

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown H.

Printed Page 1491 . . . . . Thursday, March 18, 1999

Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Fleming
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Martin                 Mason                  Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Sheheen                Simrill                Smith D.
Smith R.               Stille                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--57

So, the amendment was rejected.

RECORD FOR VOTING

I voted against the bond amendment (Amendment No. 371) for school building needs being placed in the budget. There is a separate Senate Bill, that is now in committee, dealing with this subject matter. I believe we should be allowed to debate this through the committee process, taking public testimony, debating the distribution formula and then vote on this matter. The formula in this bond proposal is not in the best interest of the School District of Greenville County.

Rep. HARRY CATO

RECORD FOR VOTING

I voted against the bond amendment (Amendment No. 371) for school building needs being placed in the budget. There is a separate Senate Bill, that is now in committee, dealing with this subject matter. I believe we should be allowed to debate this through the committee process, taking public testimony, debating the distribution formula and then vote on this matter.

Rep. GRESHAM BARRETT


Printed Page 1492 . . . . . Thursday, March 18, 1999

Reps. SANDIFER and RISER proposed the following Amendment No. 376 (Doc Name housedesk\council\gjk\amend\20455htc99.doc), which was ruled out of order.
Amend the bill, as and if amended, PART II, by adding a new SECTION appropriately numbered to read:

/SECTION ____

TO PROVIDE FOR A STATEWIDE REFERENDUM ON TUESDAY, November 2, 1999, TO DETERMINE IF THE QUALIFIED ELECTORS OF THE STATE FAVOR FAVOR KEEPING VIDEO POKER GAMBLING LEGAL AND TO MAKE VIDEO POKER GAMBLING ILLEGAL IF A MAJORITY "NO" VOTE IS CERTIFIED ON THAT QUESTION, AND TO ACCOMPLISH THE PURPOSE OF MAKING VIDEO POKER GAMBLING ILLEGAL UNDER THAT CIRCUMSTANCE BY AMENDING SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726, AS AMENDED, OF THE 1976 CODE RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF


Printed Page 1493 . . . . . Thursday, March 18, 1999

VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES, AND THE VIDEO GAMES MACHINES ACT.

Part I

SECTION   1.   The State Election Commission shall conduct a statewide referendum on Tuesday, November 2, 1999, to determine if the qualified electors of the State favor keeping video poker gambling legal. The state election laws apply to this referendum, mutatis mutandis. The commission shall canvass the results of the referendum and certify the results to the General Assembly, the director of the Department of Revenue, and the Code Commissioner. The referendum question must read as follows:
"Do you favor keeping video poker gambling legal?

Yes   []
No   []

SECTION   2.   In lieu of the schedule of the notice requirements provided pursuant to Section 7-13-35 of the 1976 Code, the State Election Commission shall provide the notices required by that section on dates four weeks and two weeks respectively before the date of the referendum provided by this Part I.
SECTION   3.   The referendum required by this question must be conducted by the State Election Commission using any revenue above $150,000,000 derived from regulations, license fees, or taxation of coin-operated devices licensed pursuant to Section 12-21-2720(A)(3) of the 1976 Code received in fiscal year 1999-2000.
Part II
SECTION   1.   Section 12-21-2710 of the 1976 Code, as amended by Act 155 of 1997, is further amended to read:

"Section 12-21-2710.     It is unlawful for any person to keep on his premises or operate or permit to be kept on his premises or operated within this State any vending or slot machine, or any video game machine with a free play feature operated by a slot in which is deposited a coin or thing of value, or other device operated by a slot in which is deposited a coin or thing of value for the play of poker, blackjack, keno, lotto, bingo, or craps, or any machine or device licensed pursuant to Section 12-21-2720 and used for gambling or any punch board, pull board, or other device pertaining to games of chance of whatever name or kind, including those machines, boards, or other devices that display different pictures, words, or symbols, at different plays or different numbers, whether in words or figures or, which


Printed Page 1494 . . . . . Thursday, March 18, 1999

deposit tokens or coins at regular intervals or in varying numbers to the player or in the machine, but the provisions of this section do not extend to coin-operated nonpayout pin tables, in-line pin games, and video games with free play feature which meet the technical requirements provided for in Section 12-21-2782 and Section 12-21-2783, or to automatic weighing, measuring, musical, and vending machines which are constructed as to give a certain uniform and fair return in value for each coin deposited and in which there is no element of chance.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for a period of not more than one year, or both."
SECTION   2.   Section 12-21-2712 of the 1976 Code is amended to read:

"Section 12-21-2712.     Any vending or slot machine, punch board, or other device pertaining to games of chance prohibited by Section 12-21-2710 must be seized by any officer of the law law enforcement officer and at once taken before any magistrate of the county in which the machine, board, or device is seized who shall immediately examine it, and if he is satisfied that it is in violation of Section 12-21-2710 or any other law of this State, he shall direct that it be immediately destroyed."
SECTION   3.   (A)   Section 12-21-2720(A)(3) of the 1976 Code, as last amended by Section 148, Act 181 of 1993, is further amended to read:

"(3)   a machine of the nonpayout type, or in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."

(B)   Section 12-21-2720(C) of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

"(C)   The owner or operator of any coin-operated device which is exempt from Section 16-19-60 and is subject to licensing under Section 12-21-2720(A)(3) and which has multi-player stations, shall purchase a separate license for each such station and any such multi-player station counts as a machine when determining the number of machines authorized for licensure under Section 12-21-2804(A)."

(C)   Section 12-21-2720 of the 1976 Code, as last amended by Act 155 of 1997, is further amended by deleting subsections (E) and (F) which read:


Printed Page 1495 . . . . . Thursday, March 18, 1999

"(E)   The department shall not issue a license for the operation of a video game with a free play feature which is located or intended to be located on a watercraft or vessel plying the territorial waters of this State.

(F)   Four hundred dollars of the four thousand dollar license fee imposed in subsection (A) may be retained by the department and expended in budgeted operations for the implementation and ongoing operation of the monitoring system required by law or in other programs and services as the director may determine necessary and appropriate."
SECTION   4.   Section 12-21-2726 of the 1976 Code, as last amended by Act 164 of 1993, is further amended to read:

"Section 12-21-2726.     Every person who maintains for use or permits the use of, on a place or premises occupied by him, a machine subject to the license imposed by this article by way of proof of licensing must have a current license displayed conspicuously on the front of the machine. Except for the provisions of Sections 12-21-2774 and 12-21-2776, each machine licensed pursuant to this section must be operated in a stand-alone fashion and may not be linked in any way to another coin-operated machine or device."
SECTION   5.   Section 12-54-40 of the 1976 Code, as last amended by Act 387 of 1998, is further amended by deleting subsection (M) which reads:

"(M)   A machine owner or distributor, as defined in Article 20, Chapter 21 of this title, who allows or causes a machine to be operated without a metering device, or who wilfully places a machine on location or who wilfully allows or causes a machine to be operated with a metering device that does not accurately record the information required under Article 20, Chapter 21 of this title is guilty of a felony and, upon conviction, must be imprisoned for not less than one year nor more than ten years, without benefit of probation, parole, or suspension of sentence, and in addition may be fined not more than twenty-five thousand dollars."
SECTION   6.   Section 16-19-40 of the 1976 Code is amended to read:

"Section 16-19-40.     If any person shall play at any tavern, inn, store for the retailing of spirituous liquors or in any house used as a place of gaming, barn, kitchen, stable or other outhouse, street, highway, open wood, race field or open place at (a) any game with cards or dice, (b) any gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (c) any roley-poley table, (d) rouge et noir, (e) any faro bank or (f) any


Printed Page 1496 . . . . . Thursday, March 18, 1999

other table or bank of the same or the like kind under any denomination whatsoever or (g) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes, except the games of billiards, bowls, backgammon, chess, draughts or whist when there is no betting on any such game of billiards, bowls, backgammon, chess, draughts or whist, or shall bet on the sides or hands of such as do game, upon being convicted thereof, before any magistrate, shall be imprisoned for a period of not over thirty days or shall suffer a fine of fined not over one hundred dollars, and every person so keeping such tavern, inn, retail store, public place or house used as a place for gaming or such other house shall, upon being convicted thereof, upon indictment, be imprisoned for a period not exceeding twelve months and forfeit a sum not exceeding two thousand dollars, for each and every offense."
SECTION   7.   Section 16-19-50 of the 1976 Code is amended to read:

"Section 16-19-50.     Any person who shall set up, keep or use any (a) gaming table, commonly called A, B, C, or E, O, or any gaming table known or distinguished by any other letters or by any figures, (b) roley-poley table, (c) table to play at rouge et noir, (d) faro bank or (e) any other gaming table or bank of the like kind or of any other kind for the purpose of gaming, or (f) any machine or device licensed pursuant to Section 12-21-2720 and used for gambling purposes except the games of billiards, bowls, chess, draughts and backgammon, upon being convicted thereof, upon indictment, shall forfeit a sum not exceeding five hundred dollars and not less than two hundred dollars."
SECTION   8.   Sections 12-21-2703 and 16-19-60 and Article 20, Chapter 21 of Title 12, all of the 1976 Code, are repealed.
SECTION   9.   Upon the effective date of this Part II, the Department of Revenue, upon application, shall issue prorated refunds of the license tax paid on machines licensed pursuant to Section 12-21-2720(A)(3) of the 1976 Code.

Part III

SECTION   1.   Part I of this section takes effect July 1, 1999.
SECTION   2.   Part II of this section takes effect on June 30, 2000, but Part II does not take effect unless a majority "no" vote is certified by the State Election Commission on the question as contained in Part I of this section. /
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 1497 . . . . . Thursday, March 18, 1999

POINT OF ORDER

Rep. KNOTTS raised a Point of Order that Amendment No. 376 was out of order in that it was not germane to the Bill under Rule 5.3B.

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

Rep. COBB-HUNTER proposed the following Amendment No. 81 (Doc Name housedesk\council\gjk\amend\20402std99.doc), which was tabled.
Amend the bill, as and if amended, in PART II, by adding an appropriately numbered SECTION to read:

/SECTION ____

TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1605 SO AS TO PROVIDE THAT THE LIMITATION ON THE AMOUNT OF EARNINGS IN A FISCAL YEAR A RETIREE MAY RECEIVE FROM A COVERED EMPLOYER UNDER THE STATE RETIREMENT SYSTEM WITHOUT THE LOSS OF RETIREMENT BENEFITS DOES NOT APPLY TO THE EARNINGS OF A RETIRED TEACHER UNDER CERTAIN CONDITIONS.
The 1976 Code is amended by adding:

"Section 9-1-1605.   (A)   Notwithstanding any other provision of law, the limitation on the amount of earnings in any fiscal year a retiree may receive from a covered employer under the State Retirement System without the loss of retirement benefits does not apply to the earnings a retired teacher who is certified to teach in South Carolina receives if:

(1)   teaching in critical need subject areas, critical need school districts, or critical rural schools as defined by the State Department of Education; or

(2)   teaching in an impaired school or in a school or school district which currently is rated as 'unsatisfactory' or 'below average' under the Education Accountability Act of 1998.

(B)   The provisions of this section are supplemental and in addition to the provisions of Section 9-1-1600."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. COBB-HUNTER moved to table the amendment, which was agreed to.

Reps. BAILEY, W. MCLEOD, M. MCLEOD, HAYES, RHOAD, HARVIN and SCOTT proposed the following Amendment No. 195


Printed Page 1498 . . . . . Thursday, March 18, 1999

(Doc Name housedesk\council\dka\amend\3300mm99.doc), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION __

TO AMEND TITLE 59 OF THE 1976 CODE, RELATING TO EDUCATION, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" AUTHORIZING THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
Title 59 of the 1976 Code is amended by adding:

"CHAPTER 146
State School Facilities Bond Act

Section 59-146-10.   This chapter may be cited as the 'State School Facilities Bond Act'.

Section 59-146-20.   The General Assembly finds that, for the benefit of the people of the State, the increase of their commerce, welfare and prosperity, and the improvement of their health and living conditions, it is essential that this and future generations of youth be given the full opportunity to learn and to develop their intellectual and mental capacities; that it is essential that school districts of this State be provided with adequate educational facilities and appropriate additional means to assist the youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance to enable school districts in this State to provide the facilities and structures which are needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided in this chapter.

Section 59-146-30.   As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'School district' means a public body corporate and politic operating as a school district pursuant to Chapter 17, Title 59.

(3)   'School facilities' means only those facilities defined as 'school facilities' in Section 59-144-30.

(4)   'State board' means the State Board of Education.

(5)   'State school facilities bonds' means general obligation bonds of the State of South Carolina issued under the authority of this chapter.


Printed Page 1499 . . . . . Thursday, March 18, 1999

Section 59-146-40.   In order to obtain funds for allocation to school districts for school facilities, there must be issued state school facilities bonds as prescribed by this chapter.

Section 59-146-50.   The maximum principal amount of state school facilities bonds issued pursuant to this chapter may not exceed seven hundred fifty million dollars except that this limitation does not apply to state school facilities bonds issued for the purpose of refunding prior issues of state school facilities bonds. It is the intent of the General Assembly for the Department of Education to allocate seven hundred fifty million dollars pursuant to Section 59-144-100 and to inform each school district of its individual allocation. Further, it is the intent of the General Assembly that not more than two hundred fifty million dollars of state school facilities bonds be issued in fiscal year 1999-2000. The authority to issue bonds pursuant to this chapter expires four years from the effective date of this chapter. The four-year limitation, however, does not apply to bonds issued to retire bond anticipation notes.

Section 59-146-60.   The State Board of Education, by resolution, shall notify the State Budget and Control Board of the following:

(1)   the amount required for allocation to local school districts for school facilities for the next fiscal year;

(2)   a tentative time schedule setting the period of time during which the sum requested must be expended;

(3)   a debt service table showing the annual principal and interest requirements for all state school facilities bonds outstanding; and

(4)   the total amount of all state school facilities bonds issued.

This notification must be presented to the Budget and Control Board by March first of each year.

Section 59-146-70.   Following the receipt of the notification presented pursuant to Section 59-146-60, the State Budget and Control Board, by resolution duly adopted, shall effect the issuance of state school facilities bonds, or pending their issuance, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.

Section 59-146-80.   In order to effect the issuance of state school facilities bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of state school facilities bonds pursuant to the provisions of this chapter. The authorizing resolution must include:

(1)   schedules of the aggregate of all general obligation debt of the State, excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes, together with


Printed Page 1500 . . . . . Thursday, March 18, 1999

certificates of the State Treasurer and State Auditor evidencing compliance with the provisions of paragraph 6(c) of Section 13 of Article X of the South Carolina Constitution;

(2)   a schedule showing the aggregate of state school facilities bonds issued, the purposes for which they were issued, the annual payments required to retire the state school facilities bonds, the interest on them, and the amount of special funds applicable to the retirement of the outstanding state school facilities bonds;

(3)   the amount of state school facilities bonds to be issued; and

(4)   a schedule showing future annual principal requirements and estimated annual interest requirements on the state school facilities bonds to be issued.

Section 59-146-90.   The state school facilities bonds must bear the date and mature at the time that the resolution provides except that state school facilities bonds may not mature more than thirty years from its date of issue. The state school facilities bonds may be in the denominations, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase, and contain other provisions determined by the State Budget and Control Board before their issuance. The bonds may bear interest payable at the times and at the rates determined by the State Budget and Control Board.

Section 59-146-100.   All state school facilities bonds issued pursuant to this chapter are exempt from taxation as provided in Section 12-2-50.

Section 59-146-110.   All state school facilities bonds issued pursuant to this chapter must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the state school facilities bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.

Section 59-146-120.   For the payment of the principal and interest on all state school facilities bonds issued and outstanding pursuant to this chapter, there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Section 13 of Article X of the South Carolina Constitution, the General Assembly shall allocate on an annual basis


Printed Page 1501 . . . . . Thursday, March 18, 1999

sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.

Section 59-146-130.   State school facilities bonds must be sold by the Governor and the State Treasurer upon sealed proposals after publication of notice of the sale one or more times at least seven days before the sale in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The state school facilities bonds may be awarded only to the lowest interest cost bidder, but the right is reserved to reject all bids and to readvertise the state school facilities bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Budget and Control Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.

Section 59-146-140.   The proceeds of the sale of state school facilities bonds must be received by the State Treasurer and applied to the purposes for which they were issued, except that the accrued interest, if any, must be used to discharge in part the first interest to become due on the bonds, and the premium, if any, must be used to discharge the payment of the first installment of principal to become due on the bonds, but the purchasers of the bonds in no way are liable for the proper application of the proceeds to the purposes for which they are intended.

Section 59-146-150.   It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.

Section 59-146-160.   The proceeds received from the issuance of state school facilities bonds, after deducting the costs of issuance, must be allocated to the school districts in the same manner and for the same purposes as provided in Section 59-144-100 and the first paragraph of Section 59-144-30.

Section 59-146-170.   The responsibilities and duties of the State Department of Education and State Board of Education are as outlined in Sections 59-144-120, 59-144-130, and 59-144-140.

Section 59-146-180.   To qualify for the funds pursuant to this chapter, each school district must meet the requirements of this chapter and guidelines promulgated in this connection. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when inappropriate use of funds is documented." /


Printed Page 1502 . . . . . Thursday, March 18, 1999

Renumber sections to conform.
Amend totals and title to conform.

Rep. BAILEY moved to table the amendment, which was agreed to.

Rep. CANTY proposed the following Amendment No. 271 (Doc Name housedesk\council\pt\amend\1342dw99.doc), which was tabled.
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered SECTION to read:

/ SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2779 SO AS TO IMPOSE A FIFTEEN PERCENT TAX ON NET INCOME FROM VIDEO GAMES WITH A FREE PLAY FEATURE, TO PROVIDE FOR PAYMENT, ENFORCEMENT, AND COLLECTION OF THIS TAX, AND TO PROVIDE THAT REVENUES OF THIS TAX MUST BE CREDITED TO THE GENERAL FUND OF THE STATE.
A.   Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2777.     (A)   A tax at the rate of fifteen percent is imposed on net machine income. Net machine income has the meaning provided in Section 12-21-2772(7), except that the amount paid out is deemed to include the tax withheld on a player payment pursuant to subsection (B) of this section.

(B)     A player tax at the rate of five percent is imposed on all amounts paid out to a machine player for credits derived from the operation of a machine. The tax imposed by this subsection must be deducted from amounts paid to a player.

(C)   The tax imposed by this section are due and payable on or before the twentieth day of the month, and the licensed machine owner is liable for the tax and shall make a return to the department, in the form it prescribes, showing total cash in, the total payout, and net machine income for the previous month, and remit the tax with it.

(D)   Enforcement and collection of this tax is as provided in Chapter 54 of this title."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CANTY moved to table the amendment, which was agreed to.


Printed Page 1503 . . . . . Thursday, March 18, 1999

Reps. ROBINSON, D. SMITH and HARRELL proposed the following Amendment No. 256 (Doc Name \dka\3328sd99.doc), which was tabled.
Amend the bill, as and if amended Part II by adding an appropriately numbered SECTION to read:

/ SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2723 SO AS TO ESTABLISH THE SCHOOL IMPROVEMENT FUND INTO WHICH FOR A PERIOD OF FIVE YEARS CERTAIN FEES AND TAXES COLLECTED FROM VIDEO GAME MACHINES WITH A FREE PLAY FEATURE MUST BE DEPOSITED AND USED FOR SPECIFIED PURPOSES.
A.   The 1976 Code is amended by adding:

"Section 12-21-2723.     (A)   For fiscal year 1999-2000 and until fiscal year 2003-2004, all taxes or fees in excess of fifty million dollars collected each fiscal year from video game machines with a free play feature licensed pursuant to Section 12-21-2720(A)(3) must be deposited in a fund separate and distinct from the state general fund entitled the School Improvement Fund, and used for fiscal year 1999-2000 for K-12 school facilities, higher education permanent improvements, tax relief, and other educational projects as the General Assembly shall provide. For fiscal year 2000-2001 until 2003-2004, the monies in the School Improvement Fund must be used in the manner the General Assembly shall provide for K-12 school facilities, and for higher education permanent improvements. Monies in the School Improvement Fund may be carried forward from fiscal year to fiscal year and interest on earnings shall be retained in the fund and used for its stated purposes.

(B)     Beginning with fiscal year 2004-2005, all taxes or fees collected from video game machines with a free play feature licensed pursuant to Section 12-21-2720(A)(3) shall again be deposited in the state general fund unless the General Assembly shall otherwise provide by law."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ROBINSON moved to table the amendment, which was agreed to.


Printed Page 1504 . . . . . Thursday, March 18, 1999

Rep. CANTY proposed the following Amendment No. 273 (Doc Name housedesk\council\pt\amend\1340dw99.doc), which was tabled.
Amend the bill, as and if amended, in Part II, by adding an appropriately numbered section to read:

/ SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2775 SO AS TO IMPOSE A SEVEN PERCENT TAX ON NET INCOME FROM VIDEO GAME MACHINES WITH A FREE PLAY FEATURE, AND TO PROVIDE FOR THE PROCESS FOR ENFORCEMENT AND COLLECTION OF THE TAX.
A.   Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:

"Section 12-21-2775.     (A)   A tax at the rate of seven percent is imposed on the net income derived from a machine licensed pursuant to Section 12-21-2720(A)(3).

(B)     The tax is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the tax on the due date shall make a return to the department, in a form it prescribes, showing the total cash in, total payout, and net machine income for the previous month, and remit the tax with it.

(C)   The person making the report required pursuant to Section 12-21-2776(B) is liable for the tax.

(D)   Enforcement and collection of this tax are as provided in Chapter 54 of this title.

(E)     Revenue of the tax imposed by this section must be credited to the general fund of the State."
B.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. CANTY moved to table the amendment, which was agreed to.

SECTION 9 -- RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. HASKINS to reconsider the vote whereby Section 9, Part IB was adopted was taken up.
Rep. HARRELL moved to table the motion to reconsider.

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

Yeas 33; Nays 69


Printed Page 1505 . . . . . Thursday, March 18, 1999

Those who voted in the affirmative are:
Altman                 Barrett                Bauer
Brown H.               Chellis                Cooper
Cotty                  Dantzler               Edge
Harrell                Harrison               Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Law
Lloyd                  McGee                  McLeod M.
Quinn                  Riser                  Rutherford
Sandifer               Stuart                 Trotter
Webb                   Whipper                Wilkes
Witherspoon            Woodrum                Young-Brickell

Total--33

Those who voted in the negative are:

Askins                 Bales                  Barfield
Battle                 Beck                   Bowers
Breeland               Brown T.               Campsen
Canty                  Cato                   Clyburn
Cobb-Hunter            Delleney               Easterday
Emory                  Gamble                 Gilham
Govan                  Hamilton               Harris
Harvin                 Haskins                Hines J.
Howard                 Jennings               Kennedy
Knotts                 Lanford                Leach
Limehouse              Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rice
Robinson               Rodgers                Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith J.
Smith R.               Stille                 Taylor
Townsend               Tripp                  Vaughn
Walker                 Whatley                Wilder

Total--69


Printed Page 1506 . . . . . Thursday, March 18, 1999

So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.

Rep. HASKINS proposed the following Amendment No. 115 (Doc Name housedesk\teh\ems.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 9, DHEC, page 133, line 20, opposite /aid cnty restricted/ by increasing the amount(s) in columns 5 and 6 by:

Column 5     Column 6

600,000     600,000
Renumber sections to conform.
Amend totals and title to conform.

Rep. HASKINS explained the amendment.
Rep. QUINN spoke against the amendment.
The amendment was then adopted.
2
Section 9 as amended was adopted.

SECTION 40 -- MOTION TO RECONSIDER TABLED

The motion of Rep. SCOTT to reconsider the vote whereby Section 40, Part IA was adopted, was taken up.
Rep. SCOTT moved to table the motion, which was agreed to.

AMENDMENT NO. 134, SECTION 72 -- MOTION TO RECONSIDER TABLED

The motion of Rep. MASON to reconsider the vote whereby Amendment No. 134 was tabled, Section 72, Part IB, was taken up.
Rep. MASON moved to table the motion, which was agreed to.

AMENDMENT NO. 106, SECTION 54B -- MOTION TO RECONSIDER TABLED

The motion of Rep. WHIPPER to reconsider the vote whereby Amendment No. 106 was rejected, Section 54B, Part IA, was taken up.
Rep. WHIPPER moved to table the motion, which was agreed to.

SECTION 63A -- MOTION TO RECONSIDER TABLED

The motion of Rep. J. SMITH to reconsider the vote whereby Section 63 A, Part IB, was adopted was taken up.


Printed Page 1507 . . . . . Thursday, March 18, 1999

Rep. J. SMITH moved to table the motion, which was agreed to.

SECTION 56C -- RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. J. SMITH to reconsider the vote whereby Section 56C Part IA was adopted, was taken up and agreed to.

Reps. J. SMITH, MOODY-LAWRENCE, ALLEN, COBB-HUNTER, CARNELL, MACK, PHILLIPS, SCOTT, RUTHERFORD and GOVAN proposed the following Amendment No. 235, which was adopted.
Amend the bill, as and if amended, Part IA, Section 56C, GOVERNOR'S OFF-EXECUTIVE POLICY &PROGRAMS, page 323, immediately after line 07, by inserting a new line to read:

Column 5     Column 6
/   SC First Steps   10,000,000

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

The amendment was then adopted.

Section 56C as amended was adopted.

AMENDMENT NO. 291 -- MOTION TO RECONSIDER TABLED

The motion of Rep. KNOTTS to reconsider the vote whereby Amendment No. 291 was adopted, Section 72, was taken up.
Rep. KNOTTS moved to table the motion, which was agreed to.

SECTION 13 - RECONSIDERED AND ADOPTED

The motion of Rep. RISER to reconsider the vote whereby Amendment No. 31 was adopted, Section 13, Part II, was taken up.
Rep. COOPER moved to table the motion, which was rejected.
The question then recurred to the motion to reconsider, which was agreed to.

Rep. STILLE proposed the following Amendment No. 31 (Doc Name COUNCIL\NBD\AMEND\11233JM99), which was tabled.


Printed Page 1508 . . . . . Thursday, March 18, 1999

Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 13, by striking line 2 on page 538 and inserting:
/   hunting on wildlife management area land, a resident of the State shall purchase a sportsman license for forty-four dollars, of /
Amend totals and title to conform.

Rep. RISER moved to table the amendment, which was agreed to.

Section 13 was adopted.

SECTION 67 -- MOTION TO RECONSIDER TABLED

The motion of Rep. J. SMITH to reconsider the vote whereby Section 67, Part IA was adopted, was taken up.
Rep. J. SMITH moved to table the motion, which was agreed to.

AMENDMENT NO. 204 -- MOTION TO RECONSIDER TABLED

The motion of Rep. RUTHERFORD to reconsider the vote whereby Amendment No. 204 was rejected, Part II, was taken up.
Rep. RUTHERFORD moved to table the motion, which was agreed to.

AMENDMENT NO. 163 -- MOTION TO RECONSIDER TABLED

The motion of Rep. SHARPE to reconsider the vote whereby Amendment No. 163 was adopted, Section 35, Part IB, was taken up.
Rep. SHARPE moved to table the motion, which was agreed to.

SECTION 63A --RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 63A, Part IA was adopted, was taken up and agreed to.

Rep. H. BROWN proposed the following Amendment No.372 (Doc Name \h-wm\002\balance.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 63A, B&C BOARD- DIVISION OF EXECUTIVE DIRECTOR, page 343, line 17, opposite /Human Services Facility Consolidation/ by decreasing the amount(s) in columns 5 and 6 by:


Printed Page 1509 . . . . . Thursday, March 18, 1999

Column 5   Column 6

1,000,000   1,000,000

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

The amendment was then adopted.

Section 63A as amended was adopted.

SECTION 63G -- RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 63G Part IA was adopted, was taken up and agreed to.

Rep. H. BROWN proposed the following Amendment No. 373 (Doc Name housedesk\h-wm\006\balbenefits.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 63G, B&C - EMPLOYEE BENEFITS, page 376, line 8, opposite /Retirement Sppl - State Emp/ by decreasing the amount(s) in columns 5 and 6 by:

Column 5   Column 6

291,000   291,000
Amend the bill further, as and if amended, page 376, line 10, opposite /Supplement - Public School Emp/ by decreasing the amount(s) in columns 5 and 6 by:

Column 5   Column 6

429,000   429,000
Amend the bill further, as and if amended, page 376, line 15, opposite / Retirement - Pol Off, Reg/Sap / by decreasing the amount(s) in columns 5 and 6 by:

Column 5   Column 6

6,000   6,000
Amend the bill further, as and if amended, page 376, line 16, opposite /Retirement Sppl - Pol Off/ by decreasing the amount(s) in columns 5 and 6 by:

Column 5   Column 6

25,000   25,000
Amend the bill further, as and if amended, page 376, line 33, opposite /Employee Pay Plan/ by decreasing the amount(s) in columns 5 and 6 by:

Column 5   Column 6


Printed Page 1510 . . . . . Thursday, March 18, 1999

115,000   115,000
Renumber sections to conform.
Amend totals and title to conform.

The amendment was then adopted.

Section 63G as amended was adopted.

SECTION 63G -- RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 63G Part IA was adopted, was taken up and agreed to.

Reps. ROBINSON and HARRELL proposed the following Amendment No. 374 (Doc Name housedesk\h-wm\010\retire2.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 63G, B&C - EMPLOYEE BENEFITS, page 376, line 23, opposite /Health Insurance - Employer Contributions/ by decreasing the amount(s) in columns 5 and 6 by:

Column 5   Column 6

2,722,167   2,722,167

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

The amendment was then adopted.

Section 63G as amended was adopted.

SECTION 17 -- RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 17 Part IB was adopted, was taken up and agreed to.

Rep. COOPER proposed the following Amendment No. 167 (Doc Name housedesk\h-wm\007\discus.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17, State Library, page 443, paragraph 6, line 22, by adding an appropriately numbered paragraph to read:


Printed Page 1511 . . . . . Thursday, March 18, 1999

/SC public school teachers may access Discus either at school or at home./
Renumber sections to conform.
Amend totals and title to conform.

The amendment was then adopted.

Section 17 as amended was adopted.

MOTION ADOPTED

Rep. H. BROWN moved to table all pending motions to reconsider, which was agreed to.

STATEMENT BY REP. H. BROWN

Rep. H. BROWN gave notice of offering amendments on third reading if necessary, pursuant to Rule 9.2.

The Bill, as amended, was read the second time and ordered to third reading.

H. 3696-GENERAL APPROPRIATION BILL
STATEMENTS 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 IA, Section 53

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. HARRY CATO

**************************************


Printed Page 1512 . . . . . Thursday, March 18, 1999

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 IA, Sections 29, 9

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).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. CHIP CAMPSEN

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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 IA, Part IB, Part II, Section Number(s) 30, 38, 43, 44, 51, 45, 50, 55, 64, 66

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. BILL COTTY

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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


Printed Page 1513 . . . . . Thursday, March 18, 1999

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 IA, Part IB, Part II, Section(s) 44, 45, 46, 51, 64, 50, 43, 38, 55, 40, 13, 32, 36, 40

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. F. G. DELLENEY, JR.

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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 IA, Part IB, Section(s) 5K, 72, 63G

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

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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 IA, Section 9

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).

Rep. DAVID MACK III

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Printed Page 1514 . . . . . Thursday, March 18, 1999

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 IA, Section(s) 9, 13, 27, 28, 30, 38, 47, 50, 53, 55, 56A, 56C, 63A-H, 64, 44, 45, 46, 51, 43, 40, 32, 36

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. CORDELL MADDOX

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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 IA, Section 1

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).

Rep. DENNY NEILSON

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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 IA, Section(s) 9, 13, 27, 28, 30, 38, 47, 50, 53, 55, 56A, 56C, 63A-H, 64

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or


Printed Page 1515 . . . . . Thursday, March 18, 1999

commission by me or an individual or business with whom I am associated within the past year.

Rep. DOUG SMITH

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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:
Section Numbers 55, 34, 37, 51, 35, 30, 39, 50, 38, 64, 46, 9

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. J. SMITH

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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, Part II, Section(s) 64, 63E, 46, 45, 22, 55, 51, 27

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).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself,


Printed Page 1516 . . . . . Thursday, March 18, 1999

an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. TIMOTHY WILKES

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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 IA, Part IB, Sections 30, 55, 38, 43, 50

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or
commission by me or an individual or business with whom I am associated within the past year.

Rep. DAVID WILKINS

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3336 (Word version) -- Reps. M. Hines, McGee, McKay, J. Hines and Askins: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CHURCH STREET BRIDGE BETWEEN WEST DARLINGTON STREET AND EAST CHEVES STREET IN THE CITY OF FLORENCE IN HONOR OF DR. MARTIN LUTHER KING, JR., AND TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

H. 3678 (Word version) -- Reps. Haskins and J. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE APRIL 24, 1999, AS "SOUTH CAROLINA DAY OF REMEMBRANCE OF THE ARMENIAN GENOCIDE OF 1915-1923" SO AS TO HONOR THE MEMORY OF THE ONE AND ONE-HALF MILLION PEOPLE OF ARMENIAN ANCESTRY WHO LOST THEIR LIVES DURING THAT


Printed Page 1517 . . . . . Thursday, March 18, 1999

TERRIBLE TIME AND TO HONOR THE MEMORY OF THE VICTIMS OF GENOCIDE THROUGHOUT THE WORLD.

ADJOURNMENT

At 4:35 A.M. the House in accordance with the motion of Rep. SIMRILL adjourned in memory of Mitch Sizemore of Rock Hill, to meet at 10:00 A.M. Friday.

***

H. 3753 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION TO CONGRATULATE EDWARD R. FRYE, JR., ADMINISTRATOR OF CLARENDON MEMORIAL HOSPITAL IN MANNING, ON HIS RECEIPT OF THE PRESTIGIOUS COMMUNITY SERVICE AWARD OF THE SOUTH CAROLINA HEALTH ALLIANCE.

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