South Carolina General Assembly
107th Session, 1987-1988
Journal of the House of Representatives

WEDNESDAY, MAY 25, 1988

Wednesday, May 25, 1988
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Almighty God, Who reveals Yourself in all that is true, pure and holy, cleanse our thoughts of all that defiles that our lives may be fitting chambers of Your presence. Amid duties clamoring for our attention, we pause to acknowledge our limitations and to lean our weaknesses against Your mighty power. As we move into the duties of this day, give us kind hearts, clean thoughts, and an unwavering trust in God. Make us so transparently just and fair that all which is false and evil may be banished by the truth that makes men free. Redeem our failures, pardon our transgressions, transform every task into a throne of service.

We pray in the Name of Jesus Whose teachings are our inspiration.

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.

RULES AND REGULATIONS RECEIVED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 23, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.     (Doc. No. 996

House of Representatives

Dear Mrs. Shealy:

Pursuant to Act 176 of 1977, I have received on May 23, 1988, regulations concerning Teachers Loan Program from the South Carolina Commission on Higher Education.

They are hereby referred to the Committee on Education and Public Works for consideration.

Sincerely,
Robert J. Sheheen

Received as information.

RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED

The following was received.

OFFICE OF THE SPEAKER OF
THE HOUSE OF REPRESENTATIVES

May 24, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.

House of Representatives

Dear Mrs. Shealy:

The S.C. Wildlife & Marine Resources Department is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to Sea Turtle Protection effective this date. These regulations have been referred to the Committee on Agriculture and Natural Resources.

Sincerely,
Robert J. Sheheen

Received as information.

CONCURRENT RESOLUTION

The following was introduced:

H. 4310 -- Rep. L. Phillips: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE MR. LLOYD E. KELLY OF GREENVILLE COUNTY ON THE OCCASION OF HIS RETIREMENT AFTER THIRTY YEARS OF SERVICE IN EDUCATION SERVING IN VARIOUS CAPACITIES.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 4312 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY MEANINGFUL CONTRIBUTIONS TO THE CULTURAL DEVELOPMENT OF SPARTANBURG COUNTY MADE BY MARION F. FEINSTEIN DURING HER FORTY-TWO YEAR CAREER OF TEACHING DANCE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 1529 -- Senators Courson, Giese, Lourie and Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE MR. H.B. RHAME, JR., OF RICHLAND COUNTY, UPON THE RICHLAND COUNTY SCHOOL BOARD'S DECISION TO CHANGE THE NAME OF ST. ANDREWS ELEMENTARY SCHOOL TO H.B. RHAME, JR., ELEMENTARY SCHOOL.

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

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

H. 4311 -- Reps. E.B. McLeod, Blanding, McElveen, G. Brown and Baxley: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY, SO AS TO PROVIDE THAT TWO MEMBERS OF THE CAREER CENTER BOARD OF TRUSTEES MUST BE APPOINTED BY THE SUMTER COUNTY LEGISLATIVE DELEGATION, TO REQUIRE THE IMMEDIATE APPOINTMENT OF A SUCCESSOR TO A MEMBER OF THE CAREER CENTER BOARD UPON THE EXPIRATION OF HIS TERM, TO DELETE REFERENCES TO NONEXISTENT BOARDS AND COMMISSIONS AND TO REPLACE THEM WITH THEIR PRESENT COUNTERPARTS, TO PROVIDE FOR A DIRECTOR OF THE CAREER CENTER TO ACT AS SUPERVISOR AND FISCAL AGENT FOR THE SCHOOL, TO PROVIDE FOR EQUAL EQUITY IN SCHOOL PROPERTY BY SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY, AND TO DELETE REQUIREMENTS FOR APPROVAL OF TAX LEVIES MADE FOR THE SCHOOL BY THE COUNTY GOVERNING BODY.

Without reference.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, K.
Baker                  Barfield               Baxley
Beasley                Blackwell              Boan
Bradley, J.            Bradley, P.            Brown, H.
Brown, R.              Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Clyborne
Cooper                 Corning                Dangerfield
Day                    Derrick                Elliott
Fair                   Felder                 Foster
Foxworth               Gilbert                Gordon
Gregory                Harris, J.             Harris, P.
Haskins                Hayes                  Hearn
Helmly                 Hendricks              Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Kay                    Kirsh                  Klapman
Kohn                   Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McKay
McLellan               McLeod, J.W.           McTeer
Nesbitt                Nettles                Pearce
Pettigrew              Phillips, L.           Rhoad
Rice                   Rogers, J.             Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Thrailkill
Townsend               Tucker                 Washington
Whipper                White                  Wilder
Wilkins                Williams               Winstead

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on May 25, 1988.

L. Edward Bennett                 Irene Rudnick
Larry Blanding                    William N. Cork
William H. Jones                  Dave C. Waldrop
Joseph T. Petty                   Tee Ferguson
Derham Cole                       Donna A. Moss
T.W. Edwards                      Alva Humphries
Charles Sharpe                    Olin Phillips
Paul M. Burch                     Timothy F. Rogers
Frank McBride                     Joe E. Brown
Denny W. Neilson                  James Faber
James H. Hodges                   John H. Burriss
Larry E. Gentry                   Tom Limehouse
E.B. McLeod, Jr.                  Grady Brown
Luther Taylor                     James Lockemy
Stephen Lanford                   Ralph Davenport
Carole C. Wells
Total Present--115

STATEMENTS OF ATTENDANCE

Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 5, 1988.

Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 12, 1988.

Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 17, 1988.

Reps. HARVIN and McELVEEN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, May 18, 1988.

Reps. HARVIN and LEWIS signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Thursday, May 19, 1988.

Rep. LEWIS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 24, 1988.

DOCTOR OF THE DAY

Announcement was made that Dr. Gerald Harmon of Georgetown is the Doctor of the Day for the General Assembly.

H. 3925--FREE CONFERENCE POWERS GRANTED

Rep. McLELLAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.

H. 3925 -- Rep. McLellan: A BILL TO AMEND SECTION 10-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE STATE HOUSE STEPS, GROUNDS, AND THE CAPITOL MALL, SO AS TO DELETE THE REFERENCE TO THE CAPITOL MALL, INCLUDE THE STATE HOUSE LOBBIES AND OTHER PUBLIC BUILDINGS AND GROUNDS, AND REVISE THE REQUIREMENTS AUTHORIZING THE USE OF THE AREAS.

The yeas and nays were taken resulting as follows:

Yeas 83; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Bradley, P.            Brown, H.              Burriss, T.M.
Carnell                Chamblee               Cooper
Cork                   Corning                Dangerfield
Day                    Elliott                Fair
Foster                 Foxworth               Gordon
Gregory                Harris, J.             Harris, P.
Haskins                Hayes                  Hearn
Helmly                 Hendricks              Holt
Huff                   Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kirsh                  Klapman                Kohn
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McCain
McEachin               McLellan               McTeer
Nesbitt                Nettles                Pearce
Pettigrew              Phillips, L.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Simpson
Snow                   Stoddard               Thrailkill
Townsend               Tucker                 Washington
Whipper                White                  Wilder
Wilkins                Williams

Total--83

Those who voted in the negative are:

Total--0

So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.

The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. McLELLAN, KIRSH and KLAPMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.

H. 4288--SENT TO THE SENATE

The following Bill was taken up.

H. 4288 -- Rep. J. Bradley: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-89 FOR CHARLESTON COUNTY PARKS AND RECREATION COMMISSION, AND TO PROVIDE FOR THE OPERATING BUDGET OF CHARLESTON COUNTY PARKS AND RECREATION COMMISSION FOR FISCAL YEAR 1988-89.

The question then recurred to the passage of the Bill on third reading.

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

The Bill was then read the third time, and ordered sent to the Senate.

ORDERED ENROLLED FOR RATIFICATION

The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

S. 1254 -- Senators Martschink, Fielding and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 23 OF TITLE 57 RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 174 SOUTH OF THE DAWHOO BRIDGE IN CHARLESTON COUNTY A SCENIC HIGHWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE HIGHWAY ADVERTISING CONTROL ACT.

ORDERED TO THIRD READING

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

H. 4293 -- Reps. Blanding, Baxley, G. Brown, E.B. McLeod and McElveen: A BILL TO AMEND ACT 643 OF 1980, AS AMENDED, RELATING TO SCHOOLS IN SUMTER COUNTY, SO AS TO PROVIDE THAT THE ELECTION OF SCHOOL TRUSTEES FOR SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY MUST BE HELD AT THE SAME TIME AS THE GENERAL ELECTION.

H. 4293--ORDERED TO BE READ THIRD
TIME TOMORROW

On motion of Rep. BLANDING, with unanimous consent, it was ordered that H. 4293 be read the third time tomorrow.

H. 4304--INTERRUPTED DEBATE

The following Bill was taken up.

H. 4304 -- Charleston Delegation: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-89 FOR JAMES ISLAND PUBLIC SERVICE DISTRICT, AND TO PROVIDE FOR THE OPERATING BUDGET OF JAMES ISLAND PUBLIC SERVICE DISTRICT FOR FISCAL YEAR 1988-89.

Rep. J. BRADLEY moved to adjourn debate upon the Bill.

Rep. MAPPUS moved to table the motion, which was not agreed to.

The question then recurred to the motion to adjourn debate, which was rejected.

Rep. J. BRADLEY spoke against the Bill.

Further proceedings were interrupted by expiration of time in the local uncontested period, the pending question being consideration of the Bill, Rep. J. BRADLEY having the floor.

S. 1420--INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 9, Rep. J. BRADLEY having the floor.

S. 1420 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO REVISE ONE OF THE CONDITIONS WHICH ALLOWS AN INSURER TO WRITE AN APPLICANT AT THE OBJECTIVE STANDARDS RATE RATHER THAN THE BASE RATE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO SMALL COMMERCIAL RISKS.

AMENDMENT NO. 9--TABLED

Debate was resumed on Amendment No. 9. which was proposed on Tuesday, May 19, by Rep. J. BRADLEY.

Rep. J. BRADLEY continued speaking.

Rep. McLELLAN spoke against the amendment and moved to table the amendment.

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

Yeas 48; Nays 47

Those who voted in the affirmative are:

Alexander, T.C.        Aydlette               Baker
Barfield               Bennett                Boan
Brown, H.              Burch                  Burriss, M.D.
Burriss, T.M.          Clyborne               Cole
Cooper                 Cork                   Corning
Derrick                Foxworth               Hayes
Hearn                  Helmly                 Hendricks
Humphries              Johnson, J.W.          Kirsh
Klapman                Koon                   Lanford
Mappus                 Martin, L.             McCain
McElveen               McGinnis               McLellan
McTeer                 Nesbitt                Pearce
Pettigrew              Rogers, J.             Sharpe
Sheheen                Simpson                Stoddard
Sturkie                Thrailkill             Townsend
Wells                  Wilder                 Wilkins

Total--48

Those who voted in the negative are:

Alexander, M.O.        Altman                 Arthur
Bailey, G.             Bailey, K.             Baxley
Blackwell              Blanding               Bradley, J.
Bradley, P.            Brown, G.              Brown, J.
Carnell                Chamblee               Davenport
Day                    Edwards                Elliott
Faber                  Ferguson               Gilbert
Gordon                 Gregory                Haskins
Holt                   Johnson, J.C.          Jones
Keyserling             Kohn                   Martin, D.
Mattos                 McAbee                 McBride
McEachin               McLeod, E.B.           Nettles
Petty                  Phillips, O.           Rudnick
Short                  Snow                   Waldrop
Washington             Whipper                White
Williams               Winstead

Total--47

So, the amendment was tabled.

Rep. MAPPUS proposed the following Amendment No. 10 (Doc. No. 4123J), which was tabled.

Amend the bill, as and if amended, by adding the following Sections, appropriately numbered, to read:

/SECTION _____. Section 38-77-140 of the 1976 Code is amended to read:

"Section 38-77-140. (A) No automobile insurance policy may be issued or delivered in this State to the owner of a motor vehicle or may be issued or delivered by an insurer licensed in this State upon any motor vehicle then principally garaged or principally used in this State, unless it contains a provision insuring the persons defined as insured against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of these motor vehicles within the United States or Canada, subject to limits exclusive of interest and costs, with respect to each motor vehicle, as follows: fifteen thousand dollars because of bodily injury to one person in any one accident, and, subject to the limit for one person, thirty thousand dollars because of bodily injury to two or more persons in any one accident, and five thousand dollars because of injury to or destruction of property of others in any one accident. Nothing in this article prevents an insurer from issuing, selling, or delivering a policy providing liability coverage in excess of these requirements.

(B) An insurer shall also offer the insured a rider or endorsement to cover such liability for punitive damages. The insured has the option of accepting or refusing coverage for punitive damages."

SECTION _____. Section 38-77-30(4) of the 1976 Code is amended to read:

"(4) 'Damages' includes both actual and punitive damages only. However, in the case of liability coverage under Section 38-77-140, 'damages' includes both actual and punitive damages where the insured's liability is solely vicarious and results from the reckless, wilful, or wanton acts of another."/

Renumber to conform.

Amend title to conform.

Rep. MAPPUS explained the amendment.

POINT OF ORDER

Rep. RUDNICK raised the Point of Order that Amendment No. 10 was out of order as it was not germane to the Bill.

The SPEAKER stated that it was germane to the Bill, as previously amended, and he overruled the Point of Order.

Rep. J. BRADLEY spoke against the amendment and moved to table the amendment.

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

Yeas 57; Nays 38

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Bailey, K.             Barfield               Baxley
Beasley                Blackwell              Bradley, J.
Bradley, P.            Brown, J.              Burch
Chamblee               Cole                   Cooper
Day                    Edwards                Elliott
Faber                  Ferguson               Gilbert
Gordon                 Gregory                Harvin
Hayes                  Hodges                 Holt
Johnson, J.W.          Jones                  Keyserling
Kohn                   Martin, D.             Mattos
McBride                McEachin               McElveen
McLeod, E.B.           McTeer                 Neilson
Nettles                Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Short                  Tucker
Waldrop                Washington             Whipper
White                  Williams               Winstead

Total--57

Those who voted in the negative are:

Alexander, T.C.        Baker                  Boan
Brown, H.              Burriss, J.H.          Burriss, M.D.
Burriss, T.M.          Cork                   Corning
Davenport              Derrick                Foster
Foxworth               Harris, J.             Hearn
Hendricks              Humphries              Johnson, J.C.
Kirsh                  Klapman                Koon
Lanford                Mappus                 Martin, L.
McAbee                 McCain                 McGinnis
McLellan               Nesbitt                Pettigrew
Sharpe                 Simpson                Snow
Stoddard               Sturkie                Thrailkill
Wells                  Wilder

Total--38

So, the amendment was tabled.

Reps. T.M. BURRISS and HEARN proposed the following Amendment No. 11 (Doc. No. 4177J).

Amend the bill, as and if amended, by adding a section, appropriately numbered to read:

/SECTION _____. A. Article 3 of Chapter 77 of Title 38 of the 1976 Code is amended by adding:

"Section 38-77-350. (A)In any claim or action for personal injury or wrongful death arising out of the ownership, operation, use, or maintenance of a motor vehicle, the court shall admit into evidence the total amount of all collateral sources paid to the claimant as a result of the accident, and the court shall instruct the jury to deduct from its verdict the value of all benefits received by the claimant from any collateral source.

(B) For purposes of this section, 'collateral sources' means any payments made to the claimant, or on his behalf, by or pursuant to:

(1) any federal, state, or local income disability act or any other public programs providing medical expenses, disability payments, or other similar benefits;

(2) any health, sickness, or income disability insurance; automobile accident insurance that provides health benefits or income disability coverage; and any other similar insurance benefits except life insurance benefits available to the claimant, whether purchased by him or provided by others;

(3) any contract or agreement of any group, organization, partnership, or corporation to provide, pay for, or reimburse the costs of hospital, medical, dental, or other health care services;

(4) any contractual or voluntary wage continuation plan provided by employers or any other system intended to provide wages during a period of disability;

(5) any no-fault benefits paid or payable under Sections 38-77-240 and 38-77-250;

(6) any payments made by or on behalf of a joint tortfeasor, either by way of settlement or judgment.

(C) No claimant may make claim or demand, nor may any insurer pay by way of settlement, covenant not to sue, or trust or loan agreement, for any item of damages to the extent that the claimant has already received reimbursement for that item as a result of a collateral source payment as defined in this section.

(D) Benefits received under the Medicaid program of Title XIX of the Social Security Act are not a collateral source."

B. The Chief Insurance Commissioner shall review all forms of insurance affected by this section and shall order rate reductions as may appear appropriate, but in no event less than ten percent."/

Renumber to conform.

Amend title to conform.

Rep. T.M. BURRISS explained the amendment.

Rep. J. BRADLEY spoke against the amendment.

Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 11, Rep. J. BRADLEY having the floor.

SPECIAL ORDERS INSISTED UPON

Rep. McLELLAN insisted upon the Special Orders of the day.

H. 4025--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Section 1, Item 1, Rep. McLELLAN having the floor.

H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.

Rep. McLELLAN, with unanimous consent, made a short statement.

SPEAKER PRO TEMPORE IN CHAIR

Rep. McLELLAN continued speaking.

Rep. SHEHEEN, with unanimous consent, made a short statement.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3848J).

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

SECTION 1. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, is further amended by adding:

ITEM 1--ADOPTED

"1.     State Law Enforcement Division

(a)     Main Building Renovation &

HVAC Replacement     710,000

(b)     Serology Lab Renovation &

HVAC Replacement     37,000

(c)     Main Building Roof Replacement     50,000
Total, State Law Enforcement

Division     797,000

ITEM 2--ADOPTED

2.     Adjutant General's Office

Armory Construction: 251st Evac.

Hospital     625,000
Total, Adjutant General's Office     625,000

ITEM 3--ADOPTED

3.     Budget and Control Board

(a)     Fire Academy Relocation     4,726,431

(b)     Asbestos Emergency

Abatement, Phase 2     10,000,000

(c)     Contingency Revolving Fund     500,000
Total, Budget and Control Board     15,226,431
The asbestos abatement projects funded in this item must be funded on a schedule as dictated by the survey results indicating immediacy for removal.

ITEM 4--ADOPTED

4.     The Citadel

(a)     Bond Hall Renovation     6,186,000

(b)     Central Energy Facility

Renovate/Expand     1,500,000
Total, The Citadel     7,686,000

ITEMS 5 THROUGH 31--ADOPTED

5.     Clemson University (E&G)

Engineering Innovation

Center, A&E     750,000
Total, Clemson University (E&C)     750,000

Rep. SHEHEEN spoke against the Item.

POINT OF ORDER

Rep. McABEE raised the Point of Order that the procedure of taking up Amendment No. 1 on an item by item basis was out of order as the House Rules do not allow for the division of an amendment.

The SPEAKER Pro Tempore stated there was ample precedent for the division of an amendment, and he overruled the Point of Order.

Rep. McABEE then inquired whether the vote of the House to divide the amendment could be reconsidered.

Rep. SHEHEEN argued that the motion to divide the question was a procedural motion, and may not be reconsidered.

The SPEAKER Pro Tempore stated the motion may not be reconsidered.

POINT OF ORDER

Rep. FELDER raised the Point of Order that under Rule 8.10 any question may be divided if the divided parts are capable of standing alone, and that, as Amendment No. 1, was a package, the individual items were incapable of standing alone.

The SPEAKER Pro Tempore stated the amendment was clearly divisible, and he overruled the Point of Order.

Rep. FELDER then raised the Point of Order that the motion to divide the question was a procedural attempt to do indirectly what could not be accomplished directly.

The SPEAKER Pro Tempore overruled the Point of Order.

POINT OF ORDER

Rep. WILKINS moved the adoption of Amendment No. 1 in its entirety.

The SPEAKER Pro Tempore stated the question had previously been divided, therefore the motion was out of order.

Rep. WILKINS then inquired whether the motion to adopt all items in Section 1 which had not been adopted would be in order.

The SPEAKER Pro Tempore replied in the negative.

POINT OF ORDER

Rep. FELDER raised the Point of Order that under Rule 8.10, the question to be divided was not the amendment, but the Bill.

Rep. SHEHEEN argued that, as the Bill was simply a skeleton bill, the only question before the House was that of the amendment.

The SPEAKER Pro Tempore stated there was ample precedent for the division of amendments, and he overruled the Point of Order.

Rep. McLELLAN explained the Item.

Rep. EDWARDS spoke in favor of the Item.

POINT OF ORDER

Rep. T. ROGERS raised the Point of Order that, in reference to Rep. McABEE's earlier Point, under Section 456 of Mason's Manual, which did state that procedural motions are not subject to reconsideration, there is further provision for that reasoning, if there was a more direct, simple way to effect such action, therefore Rep. WILKINS' motion to adopt the remainder of Amendment No. 1 in toto would be in order.

Rep. L. MARTIN argued that under Section 461 of Mason's, the motion to reconsider such procedural action may not be made once the action has been effected, which was the case.

The SPEAKER Pro Tempore stated he would research the Point and then render a ruling.

Rep. FELDER spoke in favor of the Item.

SPEAKER PRO TEMPORE'S RULING

The SPEAKER Pro Tempore stated that under no circumstances may a procedural motion be reconsidered, therefore Rep. WILKINS' motion to adopt Amendment No. 1 in toto would therefore be out of order. He further stated that the motion to adopt the remainder of the questions not adopted was a separate new procedural motion and would be in order, and cited similar precedent, that such actions were in order.

Rep. WILKINS moved to take up Items 5-31 at one time.

Rep. McCAIN moved to table the motion.

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

Yeas 33; Nays 83

Those who voted in the affirmative are:

Alexander, T.C.        Baxley                 Beasley
Boan                   Burriss, T.M.          Chamblee
Cole                   Cooper                 Corning
Davenport              Gentry                 Gregory
Harvin                 Hayes                  Hearn
Hodges                 Johnson, J.W.          Keyserling
Kirsh                  Klapman                Lewis
Lockemy                McCain                 McEachin
McTeer                 Moss                   Neilson
Nesbitt                Pettigrew              Sheheen
Short                  Thrailkill             Tucker

Total--33

Those who voted in the negative are:

Alexander, M.O.        Arthur                 Aydlette
Bailey, G.             Bailey, K.             Baker
Barfield               Bennett                Blackwell
Blanding               Bradley, J.            Bradley, P.
Brown, G.              Brown, H.              Brown, J.
Burch                  Burriss, J.H.          Burriss, M.D.
Carnell                Clyborne               Cork
Dangerfield            Day                    Derrick
Edwards                Elliott                Faber
Felder                 Ferguson               Foster
Foxworth               Gilbert                Gordon
Harris, J.             Harris, P.             Haskins
Helmly                 Hendricks              Holt
Humphries              Johnson, J.C.          Jones
Kohn                   Koon                   Lanford
Limehouse              Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           Nettles                Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Shelton
Simpson                Snow                   Stoddard
Sturkie                Taylor                 Townsend
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Williams               Winstead

Total--83

So, the House refused to table the motion.

The question then recurred to the motion to take up Items 5 through 31, which was agreed to.

Rep. SHEHEEN moved to table Items 5 through 31.

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

Yeas 27; Nays 87

Those who voted in the affirmative are:

Alexander, T.C.        Baxley                 Beasley
Boan                   Burriss, M.D.          Chamblee
Cooper                 Corning                Davenport
Gentry                 Hearn                  Hodges
Johnson, J.W.          Kirsh                  Klapman
Koon                   Lewis                  Limehouse
Lockemy                McCain                 McEachin
McTeer                 Pettigrew              Sheheen
Sturkie                Thrailkill             Tucker

Total--27

    Those who voted in the negative are:

Alexander, M.O.        Altman                 Arthur
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Bennett
Blackwell              Blanding               Bradley, J.
Bradley, P.            Brown, C.              Brown, H.
Brown, J.              Burch                  Burriss, J.N.
Burriss, T.M.          Carnell                Clyborne
Cole                   Cork                   Dangerfield
Day                    Derrick                Edwards
Elliott                Faber                  Felder
Ferguson               Foster                 Foxworth
Gilbert                Gordon                 Gregory
Harris, J.             Harris, P.             Harvin
Haskins                Hayes                  Helmly
Hendricks              Holt                   Humphries
Johnson, J.C.          Jones                  Kohn
Lanford                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           Moss                   Neilson
Nesbitt                Nettles                Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Shelton
Simpson                Snow                   Stoddard
Townsend               Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

Total--87

So, the House refused to table Items 5 through 31.

The question then recurred to the motion to adopt Items 5 through 31.

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

Yeas 84; Nays 32

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Bennett
Blackwell              Blanding               Bradley, J.
Bradley, P.            Brown, H.              Brown, J.
Burch                  Burriss, J.H.          Burriss, T.M.
Carnell                Clyborne               Cole
Cork                   Dangerfield            Day
Derrick                Edwards                Elliott
Faber                  Felder                 Ferguson
Foster                 Foxworth               Gilbert
Gordon                 Harris, J.             Harvin
Haskins                Hayes                  Helmly
Hendricks              Holt                   Humphries
Johnson, J.C.          Jones                  Kohn
Lanford                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           Moss                   Neilson
Nesbitt                Nettles                Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Shelton                Snow                   Stoddard
Taylor                 Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

Total--84

Those who voted in the negative are:

Alexander, T.C.        Baxley                 Beasley
Boan                   Burriss, M.D.          Chamblee
Cooper                 Corning                Davenport
Gentry                 Gregory                Harris, P.
Hearn                  Hodges                 Johnson, J.W.
Kay                    Keyserling             Kirsh
Koon                   Lewis                  Limehouse
Lockemy                McCain                 McEachin
McTeer                 Pettigrew              Sheheen
Short                  Sturkie                Thrailkill
Townsend               Tucker

Total--32

So, Items 5 through 31 were adopted.

SECTIONS 2 THROUGH 10--ADOPTED

The question then recurred to the adoption of Sections 2 through 10, which was agreed to.

RECORD FOR VOTING

I vote no on the budget for the Parks and Recreation due to the large increase in tax. Rep. J. BRADLEY

Reps. CORNING, HEARN and T.M. BURRISS proposed the following Amendment No. 2 (Doc. No. 3994J), which was tabled.

Amend the Committee Report, as and if amended, SECTION 1, by striking lines 39 through 45 on page 4025-5 and lines 1 through 6 on page 4025-6, and inserting:
/22. Department of Youth Services

(a)     Floor Repair     151,533

(b)     Facility Roofing     521,484

(c)     Utilities Repair     62,400

(d)     Painting     150,000

(e)     HVAC Repair/Replace     1,378,650

(f)     Birchwood fence     400,000

(g)     Santee Dorm Renovation 56,370

(h)     Laundry Renovation/

Equipment Purchase     45,096

(i)     Infirmary Renovate/

Expand     229,178

(j)     Group Home Relocation     125,000

(k)     Other Department

Renovations     9,000,000
Total, Department of

Youth Services     12,119,711/

Amend totals and title to conform.

Rep. CORNING explained the amendment.

Rep. McLELLAN spoke against the amendment and moved to table the amendment.

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

Yeas 100; Nays 11

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, G.              Brown, J.
Burch                  Burriss, J.W.          Carnell
Chamblee               Clyborne               Cole
Dangerfield            Davenport              Day
Derrick                Edwards                Elliott
Faber                  Fair                   Felder
Ferguson               Foster                 Gentry
Gilbert                Gordon                 Gregory
Harris, J.             Harris, P.             Haskins
Hayes                  Hodges                 Holt
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Klapman                Kohn                   Koon
Lanford                Lewis                  Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McEachin               McElveen               McGinnis
McKay                  McLellan               McLeod, E.B.
McLeod, J.W.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Petty                  Phillips, L.
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Shelton                Short
Snow                   Sturkie                Thrailkill
Townsend               Tucker                 Washington
Wells                  Whipper                White
Wilder                 Wilkins                Williams
Winstead

Total--100

Those who voted in the negative are:

Aydlette               Brown, H.              Burriss, M.D.
Burriss, T.M.          Cork                   Corning
Foxworth               Harvin                 Hearn
Humphries              Stoddard

Total--11

So, the amendment was tabled.

Rep. WILKINS moved immediate cloture on the entire matter.

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

Yeas 55; Nays 60

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Aydlette               Bailey, G.             Bailey, K.
Baker                  Bennett                Blackwell
Blanding               Bradley, P.            Brown, G.
Brown, H.              Brown, J.              Burch
Carnell                Clyborne               Cole
Dangerfield            Edwards                Faber
Felder                 Ferguson               Gilbert
Gordon                 Harris, J.             Harris, P.
Holt                   Johnson, J.C.          Jones
Kay                    Lanford                Martin, D.
Mattos                 McAbee                 McBride
McKay                  McLellan               McLeod, E.B.
Nettles                Petty                  Phillips, L.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Shelton
Snow                   Washington             Whipper
White                  Wilkins                Williams
Winstead

Total--55

Those who voted in the negative are:

Alexander, T.C.        Barfield               Baxley
Beasley                Boan                   Bradley, J.
Burriss, J.H.          Burriss, M.D.          Burriss, T.M.
Chamblee               Cooper                 Cork
Corning                Davenport              Day
Derrick                Elliott                Foster
Foxworth               Gentry                 Gregory
Harvin                 Hayes                  Hearn
Hendricks              Hodges                 Humphries
Johnson, J.W.          Keyserling             Kirsh
Klapman                Kohn                   Koon
Lewis                  Limehouse              Lockemy
Mappus                 Martin, L.             McCain
McEachin               McElveen               McGinnis
McTeer                 Moss                   Neilson
Nesbitt                Pearce                 Pettigrew
Phillips, O.           Sharpe                 Sheheen
Short                  Simpson                Stoddard
Sturkie                Taylor                 Townsend
Tucker                 Wells                  Wilder

Total--60

So, immediate cloture was rejected.

Rep. L. MARTIN moved that the House recede until 2:30 P.M., which was adopted.

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

THE HOUSE RESUMES

At 2:30 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.

LEAVE OF ABSENCE

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

RULE 3.9 INVOKED

Rep. WINSTEAD moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 25, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Thomas E. Smith, Jr., and McConnell of the Committee of Free Conference on the part of the Senate on H. 3925:
H. 3925 -- Rep. McLellan: A BILL TO AMEND SECTION 10-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE STATE HOUSE STEPS, GROUNDS, AND THE CAPITOL MALL, SO AS TO DELETE THE REFERENCE TO THE CAPITOL MALL, INCLUDE THE STATE HOUSE LOBBIES AND OTHER PUBLIC BUILDINGS AND GROUNDS, AND REVISE THE REQUIREMENTS AUTHORIZING THE USE OF THE AREAS.
Very respectfully,
President

No. 72

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., May 25, 1988

Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3925:
H. 3925 -- Rep. McLellan: A BILL TO AMEND SECTION 10-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE STATE HOUSE STEPS, GROUNDS, AND THE CAPITOL MALL, SO AS TO DELETE THE REFERENCE TO THE CAPITOL MALL, INCLUDE THE STATE HOUSE LOBBIES AND OTHER PUBLIC BUILDINGS AND GROUNDS, AND REVISE THE REQUIREMENTS AUTHORIZING THE USE OF THE AREAS.
Very respectfully,
President

No. 42

Received as information.

H. 3371--CONFERENCE REPORT ADOPTED

The following was received.

CONFERENCE REPORT

The General Assembly, Columbia, S.C., May 11, 1988

The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3371 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHARING OF SALES AND USE TAX RETURNS AND RECORDS WITH OTHER STATES OF THE UNITED STATES, SO AS TO PERMIT RECIPROCAL AGREEMENTS WITH OTHER STATES TO OBTAIN RECORDS OF SALES OR PURCHASE OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1545 SO AS TO REQUIRE REPORTING TO THE TAX COMMISSION OF SALES OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE NOT SUBJECT TO SALES OR USE TAX IN THIS STATE.
Beg leave to report that they have duly and carefully considered the same and recommend:

That the bill do pass amended as follows:

Amend the bill, as and if amended, by striking SECTIONS 3 and 4 and inserting:

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

Amend title to conform.

Renumber/reletter to conform.

Make all necessary technical corrections.

/s/Herbert Kirsh                  /s/John C. Land, III
/s/Douglas E. McTeer, Jr.         /s/Peden B. McLeod
/s/Dick Elliott                   /s/Hugh K. Leatherman, Sr.
On Part of the House.               On Part of the Senate.

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

H. 4025--AMENDED AND ORDERED TO THIRD READING

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

H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.

Rep. CORNING proposed the following Amendment No. 3 (Doc. No. 3995J), which was tabled.

Amend the Committee Report, as and if amended, SECTION 1, page 4025-1, by striking lines 29 through 36 and inserting:
/"1. State Law Enforcement Division

(a)     Main Building Renovation

& HVAC Replacement     710,000

(b)     Serology Lab Renovation

& HVAC Replacement     37,000

(c)     Main Building Roof

Replacement     50,000

(d)     Fingerprinting

Identification System     3,500,000
Total, State Law Enforcement

Division     4,297,000/

Amend totals and title to conform.

Rep. CORNING moved to adjourn debate upon the amendment, which was rejected.

Rep. CORNING explained the amendment.

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

LEAVE OF ABSENCE

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

Rep. CORNING proposed the following Amendment No. 4 (Doc. No. 3996J), which was tabled.

Amend the Committee Report, as and if amended, in SECTION 1, on page 4025-8, by inserting after line 9 and before line 10 ("Total, All Agencies", etc.) a new subitem to be appropriately numbered, as follows:
/ ____. Department of Education

Purchase of Five Hundred New School

buses     15,000,000
Total, Department of Education     15,000,000/
Renumber subitems to conform.
Amend totals and title to conform.

Rep. CORNING moved to adjourn debate upon the amendment.

Rep. McLELLAN moved to table the motion, which was agreed to.

Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. CORNING proposed the following Amendment No. 5 (Doc. No. 3997J).

Amend the Committee Report, as and if amended, page 4025-7, by striking lines 17 through 27.

Renumber subitems to conform.

Amend totals and title to conform.

Rep. CORNING explained the amendment.

Rep. McLELLAN spoke against the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. CORNING proposed the following Amendment No. 6 (Doc. No. 3999J).

Amend the Committee Report, as and if amended, page 4025-7, by striking lines 28 through 38.

Renumber subitems to conform.

Amend totals and title to conform.

Rep. CORNING moved to adjourn debate upon the amendment, which was adopted.

Rep. CORNING proposed the following Amendment No. 7 (Doc. No. 4000J).

Amend the Committee Report, as and if amended, by striking lines 39 through 45 on page 4025-7 and lines 1 through 3 on page 4025-8.

Renumber subitems to conform.

Amend totals and title to conform.

Rep. CORNING moved to adjourn debate upon the amendment, which was adopted.

Rep. CORNING proposed the following Amendment No. 8 (Doc. No. 4002J).

Amend the Committee Report, as and if amended, page 4025-8, by striking lines 4 through 9.

Renumber subitems to conform.

Amend totals and title to conform.

Rep. CORNING moved to adjourn debate upon the amendment, which was adopted.

Reps. KIRSH and J.W. JOHNSON proposed the following Amendment No. 9 (Doc. No. 3904J), which was tabled.

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

SECTION 1. Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, is further amended by adding:
"1.     State Law Enforcement Division

(a)     Main Building Renovation &

HVAC Replacement     710,000

(b)     Serology Lab Renovation &

HVAC Replacement     37,000

(c)     Main Building Roof Replacement     50,000
Total, State Law Enforcement

Division     797,000
2.     Adjutant General's Office

Armory Construction: 251st Evac.

Hospital     625,000
Total, Adjutant General's Office     625,000
3.     Budget and Control Board

(a)     Fire Academy Relocation     4,726,431

(b)     Asbestos Emergency

Abatement, Phase 2     10,000,000

(c)     Contingency Revolving Fund     500,000
Total, Budget and Control Board     15,226,431
The asbestos abatement projects funded in this item must be funded on a schedule as dictated by the survey results indicating immediacy for removal.
4.     The Citadel

(a)     Bond Hall Renovation     6,186,000

(b)     Central Energy Facility

Renovate/Expand     1,500,000
Total, The Citadel     7,686,000
5.     College of Charleston

(a)     Central Energy Facility

Expansion     1,500,000
Total, College of Charleston     1,500,000
6.     Francis Marion College

Stokes Administration

Building Expansion     1,920,000
Total, Francis Marion College     1,920,000
7.     South Carolina State College

(a)     Machine Shop Renovation     100,000

(b)     Counseling & Self-Development

Center Addition     250,000
Total, South Carolina State College     350,000
8.     University of South Carolina

(a)     Columbia: Renovations     5,200,000

(b)     Lancaster: Maintenance

Building     191,000

(c)     Lancaster: Starr Hall

Renovation     605,000

(d)     Salkehatchie: Library/Computer

Science Bldg.     2,144,000

(e)     Union: Main Building

Renovations     2,100,000
Total, University of South Carolina     10,240,000
9.     Winthrop College

(a)     Johnson Hall

Renovation/Addition     3,200,000

(b)     Conservatory of Music

Renovation/Addition     1,900,000
Total, Winthrop College     5,100,000
10.     Medical University of South Carolina

(a)     Colcock Hall Renovation     750,000
Total, Medical University of South

Carolina     750,000
11.     State Board for Technical &

Comprehensive Education

(a)     State Board: Statewide System

Equipment     5,000,000

(b)     Beaufort: Coleman Hall

Renovation     67,000

(c)     Beaufort: Owen Hall Renovation     275,460

(d)     Beaufort: Anderson Hall

Renovation     297,000

(e)     Beaufort: Allied Health Bldg.     1,775,000

(f)     Denmark: Physical Plant

Building     643,760

(g)     Denmark: Student Service Cnt.

Renovate/Addition     1,000,000

(h)     Florence-Darlington:

Student Activities Center     2,500,000

(i)     Florence-Darlington:

5 Bldgs. Renovate     360,000

(j)     Florence-Darlington:

4 Bldgs. Repair     200,000

(k)     Greenville: Technical Resource

Center     3,000,000

(l)     Horry-Georgetown:

Electronics/Technology Bldg.     2,032,000

(m)     Horry-Georgetown:

Entranceway/Parking     928,000

(n)     Horry-Georgetown:

Learning Resource Center     1,000,000

(o)     Midlands, Airport Campus:

Admin. Bldg. Renovate     760,000

(p)     Piedmont: Library/Learning

Resource Center     2,194,500

(q)     Tri-County: Learning Resource

Center/Admin. Bldg.     500,000 Total, State Board for Technical &

Comprehensive Education     22,532,720
12.     Educational Television Commission

(a)     State-Record Facilities

Purchase     4,020,000

(b)     State-Record Facilities

Construction/Renovation     4,765,000

(c)     Equipment: Satellite receiving

terminals and Westar units     1,150,000

(d)     Instruc. Television Fixed

Service: Channel Group E     2,373,000
Total, Educational Television

Commission     12,308,000
13.     Wil Lou Gray Opportunity School

(a)     Dormitory Roof     50,000

(b)     Parking Lot     65,000

(c)     Fire Alarm System Replacement

in Dormitories     40,000
Total, Wil Lou Gray Opportunity

School     155,000
14.     School for the Deaf & the Blind

(a)     Robertson Hall Improvements     85,000

(b)     Thackston Hall Improvements     275,000
Total, School for the Deaf & the
Blind     360,000
15.     Archives and History

Microfilm Vault     160,000
Total, Archives and History     160,000
16.     Department of Mental Health

(a)     Byrnes Medical Center

Renovation     3,000,000

(b)     Berkeley County Mental

Health Center     780,000

(c)     Gibbes Bldg. Renovation     900,000
Total, Department of Mental Health     4,680,000
17.     John de la Howe School

(a)     Cottage Renovation: Part 2     500,000

(b)     Old Dairy Renovation     700,000
Total, John de la Howe School     1,200,000
18.     Department of Corrections

(a)     808-Bed Medium Security

Institution     28,000,000

(c)     Kirkland: 50-bed Maximum

Security Unit     1,800,000

(d)     Appalachian Region:

384-bed Female Institution     12,000,000

(e)     Lower Savannah: 96-bed

Addition (Work Release)     250,000

(f)     Campbell: 96-bed Addition

(Work Release)     250,000

(g)     Palmer: 96-bed Addition

(Work Release)     250,000

(h)     Givens Youth: 192-bed

Addition     1,200,000

(i)     Goodman: 96-bed Addition     250,000

(j)     General Renovations     1,550,000
Total, Department of Corrections     45,550,000
After review by the Joint Bond Review Committee and approval by the Budget and Control Board, the Department may use funds authorized under the provisions of this subitem to construct prison facilities that, in the opinion of the Department, would be an alternative to the utilization of funds to house inmates as authorized in this subitem.
19.     Department of Youth Services

(a)     Floor Repair     151,533

(b)     Facility Roofing     521,484

(c)     Utilities Repair     62,400

(d)     Painting     150 000

(e)     HVAC Repair/Replace     1,378 650

(f)     Birchwood fence     400,000

(g)     Santee Dorm Renovation     56,370

(h)     Laundry Renovation/

Equipment Purchase     45,096

(i)     Infirmary Renovate/Expand     229,178

(j)     Group Home Relocation     125,000
Total, Department of Youth Services     3,119,711
20.     Department of Agriculture

Columbia Market Site Preparation     960,000
Total, Department of Agriculture     960,000
21.     Clemson University (PSA)

Animal Research Compliance

Facility     5,400,000
Total, Clemson University (PSA)     5,400,000
22.     Wildlife and Marine Resources

Department

(a)     Charleston: Coop. Research

Facility Renovation     177,000

(b)     Hatchery Construction and

Renovation     500,000

(c)     Charleston: Boat Slip/

Docking Renovation     150,000
Total, Wildlife and Marine Resources

Department     827,000
23.     Department of Parks,

Recreation and Tourism

(a)     State Parks: Roads and

Parking Repairs     800,000

(b)     General Park Improvements     1,780,000

(c)     Utility Replacements     900,000

(d)     Dreher Island State Park

Improvements     900,000
Total, Department of Parks,

Recreation & Tourism     4,380,000
24.     Ports Authority

Charleston Harbor Deepening     40,338,700
Total, Ports Authority     40,338,700

It is the State's intention to make the funds authorized in this subitem available to the State Ports Authority over a period of not less than eight years. This would be the match required of this project. The project is estimated to cost a total of $115 million. The availability of these funds is restricted so that the Budget and Control Board (Board) and the Joint Bond Review Committee (Committee) may make available to the Ports Authority not more than $7,200,000 in 1988-89; an additional amount of not more than $6,000,000 in 1989-90; an additional amount of not more than $5,400,000 in 1990-91; and an additional amount of not more than $5,400,000 in 1991-92. The Board and the Committee may schedule the availability of the balance of the new funds authorized for the project in this subitem. The Ports Authority shall repay the State the amount of the funds actually drawn under this authorization in annual installments of at least $250,000 to begin in 1988-89.
TOTAL, ALL AGENCIES     $186,165,562."

SECTION 2. Sub-subitem 1 of subitem 10 (Medical University) of item (f) of Section 3 of Act 1377 of 1968, as added by Part I of Act 518 of 1980 is amended to read:

"1.     Hospital - East Wing

Addition     $30,850,000
$28,850,000."

SECTION 3. Sub-subitem 5 of subitem 23 (Clemson PSA) of item (f) of Section 3 of Act 1377 of 1968, as added by Part I of Act 538 of 1986 is deleted.

SECTION 4. Section 4 of Act 1377 of 1968, as last amended by Act 538 of 1986, is further amended to read:

"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act shall may not exceed $1,152,776,976.10 $1,473,652,538. The limitation imposed by the provisions of this section shall do not apply to bonds issued on behalf of the Mental Health Commission as provided in Act 1276 of 1970 and Act 1272 of 1970, or to bonds issued on behalf of the Commission on Mental Retardation as provided in Act 1087 of 1970. 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 acts amendatory of it the application of the CaPital Reserve Fund or by amendments of this act. Within these limitations state capital improvement bonds may be issued under the conditions prescribed by this act."

SECTION 5. The General Assembly directs the Joint Bond Review Committee and the State Budget and Control Board to arrange the schedule of draws of the capital improvement bond funds authorized in this act so that a reasonable amount of reserve is in the draw schedule for emergency proJects and other purposes which may be authorized by the General Assembly in future bond acts.

SECTION 6. Section 2-7-105 of the 1976 Code is amended to read:.

"Section 2-7-105. State capital improvement bonds may not be authorized by the General Assembly except in even odd-numbered years beginning in 1991."

SECTION 7. Chapter 11 of Title 1 of the 1976 Code is amended by adding:

"Section 1-11-410. The Budget and Control Board may not approve any lease-purchase proposal obligating payment of more than one hundred thousand dollars within a three-year period without prior approval of the General Assembly."

SECTION 8. Section 59-53-57 of the 1976 Code is amended by adding the following paragraph after the first paragraph:

"The board and institutions are eligible to receive state funds for capital facilities. Prior to the withdrawal of authorized funds from the State Treasurer, the State Board for Technical and Comprehensive Education shall obtain and transmit to the State Treasurer a certificate from the appropriate official at the technical institution stating that a minimum of twenty percent of each project cost has been provided by the local support area. The provisions of this paragraph do not apply to Denmark and Beaufort Technical Colleges."

SECTION 9. This act takes effect upon approval by the Governor./

Amend title to conform.

Rep. KIRSH explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KIRSH continued speaking.

LEAVE OF ABSENCE

The SPEAKER Pro Tempore granted Rep. WALDROP a leave of absence for the remainder of the day.

Rep. WASHINGTON spoke against the amendment.

MOTION ADOPTED

Rep. M.D. BURRISS moved that when the House adjourns it adjourn in honor of his brother the Rev. Dr. Donald T. Burriss, who was awarded the Doctor of Ministry degree today, which was agreed to.

Reps. McLELLAN, CORNING, McEACHIN, SIMPSON and SHEHEEN spoke in favor of the amendment.

Rep. WILKINS spoke against the amendment.

Rep. BLACKWELL moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:

Yeas 63; Nays 45

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Aydlette
Bailey, G.             Bailey, K.             Baker
Barfield               Bennett                Blackwell
Blanding               Bradley, J.            Bradley, P.
Brown, G.              Brown, H.              Brown, J.
Burch                  Carnell                Clyborne
Cole                   Cork                   Dangerfield
Derrick                Edwards                Elliott
Faber                  Felder                 Ferguson
Foster                 Foxworth               Gilbert
Harris, J.             Haskins                Hendricks
Holt                   Huff                   Jones
Kohn                   Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McElveen               McKay
McLeod, E.B.           Nettles                Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, T.
Rudnick                Shelton                Stoddard
Taylor                 Washington             Whipper
Wilder                 Wilkins                Winstead

Total--63

Those who voted in the negative are:

Alexander, T.C.        Altman                 Baxley
Beasley                Boan                   Burriss, M.D.
Burriss, T.M.          Chamblee               Cooper
Corning                Davenport              Day
Fair                   Gentry                 Harris, P.
Hayes                  Hearn                  Hodges
Humphries              Johnson, J.C.          Johnson, J.W.
Kay                    Keyserling             Kirsh
Klapman                Lanford                Limehouse
McCain                 McEachin               McGinnis
McLellan               McTeer                 Moss
Neilson                Pettigrew              Rogers, J.
Sheheen                Short                  Simpson
Snow                   Thrailkill             Townsend
Tucker                 Wells                  White

Total--45

So, the amendment was tabled.

Rep. HAYES proposed the following Amendment No. 10 (Doc. No. 4065J), which was tabled.

Amend the Report by the Committee on Ways and Means, as and if amended, in Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, as contained in SECTION 1, page 4025-4, by adding an appropriately numbered sub-subitem to read:

/( ) York: Classroom Building     1,100,000/.

Amend further in Section 4 of Act 1377 of 1968, as last amended by Act 538 of 1986, as contained in SECTION 4, page 4025-8, line 29, by striking /$1,531,381,938.10/ and inserting /$1,532,481,938.10/.
Amend totals and title to conform.

Rep. HAYES explained the amendment.

Rep. CORNING moved to continue the Bill and demanded the yeas and nays, which were taken resulting as follows:

Yeas 10; Nays 93

Those who voted in the affirmative are:

Baxley                 Bennett                Cooper
Corning                Davenport              Kirsh
McCain                 McEachin               Short
Thrailkill

Total--10

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Bailey, G.             Bailey, K.
Baker                  Barfield               Blackwell
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, J.              Burch                  Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cork                   Dangerfield
Day                    Derrick                Edwards
Elliott                Faber                  Fair
Felder                 Ferguson               Foster
Foxworth               Gentry                 Gilbert
Harris, J.             Harris, P.             Haskins
Hayes                  Hendricks              Hodges
Holt                   Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kohn
Lanford                Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McElveen
McGinnis               McKay                  McLellan
McLeod, E.B.           McTeer                 Moss
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Petty
Phillips, L.           Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Shelton
Simpson                Snow                   Stoddard
Taylor                 Townsend               Tucker
Washington             Whipper                White
Wilder                 Wilkins                Williams

Total--93

So, the House refused to continue the Bill.

SPEAKER IN CHAIR

Rep. WASHINGTON moved immediate cloture on the entire matter.

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

Yeas 8; Nays 84

Those who voted in the affirmative are:

Alexander, M.O.        Bradley, J.            Burch
Gentry                 McEachin               McKay
Phillips, L.           Rice

Total--8

Those who voted in the negative are:

Alexander, T.C.        Altman                 Arthur
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blanding
Boan                   Bradley, P.            Brown, G.
Brown, H.              Brown, J.              Burriss, M.D.
Burriss, T.H.          Chamblee               Clyborne
Cole                   Cooper                 Cork
Corning                Davenport              Day
Derrick                Edwards                Elliott
Faber                  Felder                 Gilbert
Harris, J.             Harris, P.             Hayes
Hearn                  Hendricks              Hodges
Holt                   Huff                   Humphries
Johnson, J.C.          Johnson, J.W.          Jones
Kay                    Keyserling             Kirsh
Lanford                Limehouse              Lockemy
Mappus                 Martin, L.             Mattos
McElveen               McGinnis               McLellan
McLeod, E.B.           Moss                   Neilson
Nesbitt                Nettles                Pettigrew
Petty                  Phillips, O.           Rhoad
Rudnick                Sharpe                 Sheheen
Short                  Simpson                Snow
Stoddard               Taylor                 Thrailkill
Townsend               Tucker                 Washington
Wells                  Whipper                White
Wilder                 Williams               Winstead

Total--84

So, immediate cloture was rejected.

Rep. McLELLAN spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. McLELLAN moved to table the amendment.

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

Yeas 74; Nays 23

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, K.             Baker
Baxley                 Beasley                Bennett
Boan                   Bradley, J.            Bradley, P.
Brown, H.              Brown, J.              Burriss, M.D.
Burriss, T.M.          Chamblee               Clyborne
Cole                   Cooper                 Dangerfield
Davenport              Day                    Derrick
Edwards                Faber                  Fair
Felder                 Ferguson               Foxworth
Gentry                 Gilbert                Harris, P.
Haskins                Hearn                  Hodges
Holt                   Huff                   Humphries
Johnson, J.C.          Jones                  Kay
Klapman                Kohn                   Lanford
Mappus                 Martin, D.             Martin, L.
Mattos                 McCain                 McEachin
McKay                  McLellan               Moss
Neilson                Nettles                Pettigrew
Petty                  Phillips, L.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Snow                   Sturkie                Townsend
Tucker                 Washington             Wells
Whipper                Wilder                 Wilkins
Williams               Winstead

Total--74

Those who voted in the negative are:

Arthur                 Bailey, G.             Barfield
Elliott                Foster                 Hayes
Hendricks              Johnson, J.W.          Keyserling
Kirsh                  Limehouse              Lockemy
McGinnis               Nesbitt                Pearce
Phillips, O.           Rudnick                Sharpe
Sheheen                Short                  Simpson
Stoddard               Thrailkill

Total--23

So, the amendment was tabled.

Rep. NESBITT proposed the following Amendment No. 11 (Doc. No. 4066J), which was tabled.

Amend the Committee Report, as and if amended, in SECTION 1, on page 4025-8, by inserting after line 9 and before line 10 ("Total, All Agencies", etc.) a new subitem to be appropriately numbered, as follows:

/____. York County

For construction of a stadium to be used for professional baseball, football, and other special events     12,000,000.00

Total, York County     12,000,000.00/

Renumber subitems to conform.

Amend totals and title to conform.

Rep. NESBITT explained the amendment.

Rep. McLELLAN spoke against the amendment and moved to table the amendment.

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

Yeas 71; Nays 27

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Baker
Barfield               Beasley                Bennett
Bradley, J.            Bradley, P.            Brown, H.
Brown, J.              Burriss, M.D.          Carnell
Chamblee               Clyborne               Cole
Corning                Dangerfield            Davenport
Day                    Derrick                Edwards
Elliott                Faber                  Fair
Felder                 Foxworth               Gentry
Gilbert                Harris, P.             Haskins
Hearn                  Hodges                 Holt
Huff                   Humphries              Johnson, J.C.
Jones                  Keyserling             Kohn
Koon                   Lanford                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McCain                 McLellan
McTeer                 Moss                   Neilson
Pettigrew              Petty                  Rhoad
Rice                   Rogers, T.             Rudnick
Snow                   Sturkie                Tucker
Washington             Wells                  Whipper
White                  Wilder                 Wilkins
Williams               Winstead

Total--71

Those who voted in the negative are:

Bailey, G.             Baxley                 Cooper
Foster                 Hayes                  Hendricks
Johnson, J.W.          Kay                    Kirsh
Limehouse              Lockemy                McEachin
McGinnis               Nesbitt                Nettles
Pearce                 Phillips, L.           Phillips, O.
Rogers, J.             Sharpe                 Sheheen
Short                  Simpson                Stoddard
Taylor                 Thrailkill             Townsend

Total--27

So, the amendment was tabled.

Rep. CORNING proposed the following Amendment No. 12 (Doc. No. 4127J), which was tabled.

Amend the Committee Report, as and if amended, by striking SECTIONS 1, 2, 3, 4, 5, 6, 8, and 9 in their entirety.

Renumber remaining SECTIONS to conform.

Amend title to conform.

Rep. CORNING explained the amendment.

Rep. T. ROGERS moved to table the amendment.

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

The amendment was then tabled by a division vote of 63 to 17.

AMENDMENT NO. 9--MOTION TO RECONSIDER TABLED

Rep. CLYBORNE moved to reconsider the vote whereby Amendment No. 9 was tabled.

Rep. McEACHIN moved to adjourn debate upon the motion to reconsider.

Rep. J. BRADLEY moved to table the motion.

Rep. McEACHIN demanded the yeas and nays.

Rep. CORNING moved that the House do now adjourn, which was rejected.

The question then recurred to the motion to adjourn debate upon the motion to reconsider.

Rep. J. BRADLEY moved to table the motion.

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

Yeas 60; Nays 41

Those who voted in the affirmative are:

Alexander, M.O.        Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Bennett                Blanding               Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, J.              Burch                  Carnell
Clyborne               Cole                   Cork
Dangerfield            Edwards                Elliott
Faber                  Felder                 Ferguson
Foxworth               Gilbert                Harris, J.
Haskins                Hendricks              Holt
Humphries              Johnson, J.C.          Jones
Kohn                   Lanford                Mappus
Martin, D.             Martin, L.             McAbee
McElveen               McLeod, E.B.           Moss
Neilson                Nettles                Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, T.
Rudnick                Stoddard               Taylor
Washington             Whipper                Wilder
Wilkins                Williams               Winstead

Total--60

Those who voted in the negative are:

Alexander, T.C.        Arthur                 Baxley
Beasley                Boan                   Burriss, M.D.
Chamblee               Cooper                 Corning
Davenport              Fair                   Foster
Gentry                 Harris, P.             Hayes
Hearn                  Hodges                 Huff
Johnson, J.W.          Keyserling             Kirsh
Klapman                Limehouse              Lockemy
McCain                 McEachin               McGinnis
McLellan               McTeer                 Nesbitt
Pettigrew              Sharpe                 Sheheen
Short                  Simpson                Snow
Thrailkill             Townsend               Tucker
Wells                  White

Total--41

So, the motion to adjourn debate was tabled.

The question then recurred to the motion to reconsider the vote whereby Amendment No. 9 was tabled.

Rep. WILKINS moved to table the motion, which was agreed to by a division vote of 55 to 38.

Rep. PETTIGREW proposed the following Amendment No. 16 (Doc. No. 4190J), which was tabled.

Amend the report, as and if amended, in item (f) of Section 3 of Act 1377 of 1968, as contained in SECTION 1, page 4025-7, by striking /16,000,000/ on lines 18 and 20 and inserting /1,000,000/, by striking /13,400,000/ on lines 28 and 29 and inserting /1,000,000/, by striking /5,000,000/ on line 39 and 41 and inserting /1,000,000/ and on page 4025-8, by striking /5,000,000/ on lines 4 and 5 and inserting /1,000,000/.

Amend further, Section 1, page 4025-8, by adding the following subitems, appropriately numbered, after line 9 to read:
/___.     Champion Frog Pond, Springfield     1,000,000

Total, Champion Frog Pond     1,000,000
___.     Stock Car Museum Addition,

Darlington     1,000,000

Total, Stock Car Museum Addition     1,000,000
___.     Grits Mill Construction,

St.     George     1,000,000

Total, Grits Mill Construction     1,000,000
___.     State Tobacco Warehouse, Lake City     1,000,000

Total, State Tobacco Warehouse     1,000,000 ___.     State Truck and Tractor Pull Arena,

Saluda     1,000,000

Total, State Truck and Tractor Pull

Arena     1,000,000
___.     State Chicken House, Newberry     1,000,000

Total, State Chicken House     1,000,000
___.     Gold Mine, McCormick     1,000,000

Total, Gold Mine     1,000,000
___.     Hot Air Balloon Museum, Camden     1,000,000

Total, Hot Air Balloon Museum     1,000,000
___.     Watermelon Eating Center, Hampton     1,000,000

Total, Watermelon Eating Center     1,000,000
___.     Railroad Station, Branchville     1,000,000

Total, Railroad Station     1,000,000
___.     Okra Dome, Irmo     1,000,000

Total, Okra Dome     1,000,000
___.     King Cotton Museum, Bishopville     1,000,000

Total, King Cotton Museum     1,000,000
___.     Salley Performing Arts Center,

Salley     1,000,000

Total, Salley Performing Arts Center     1,000,000
___.     South Carolina Peach Cannery,

Johnston     1,000,000

Total, South Carolina Peach Cannery     1,000,000
___.     Praying Mantis Chapel, Daucusville     1,000,000

Total, Praying Mantis Chapel     1,000,000/.
Renumber to conform.
Amend title and totals to conform.

Rep. PETTIGREW explained the amendment.

Rep. McTEER spoke in favor of the amendment.

Rep. PETTIGREW asked unanimous consent to withdraw the amendment.

Rep. HOLT objected.

Rep. McLELLAN moved to table the amendment.

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

Yeas 75; Nays 25

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, K.
Baker                  Barfield               Blanding
Bradley, J.            Bradley, P.            Brown, G.
Brown, H.              Burch                  Burriss, T.M.
Carnell                Chamblee               Clyborne
Cole                   Cooper                 Cork
Dangerfield            Davenport              Day
Derrick                Edwards                Elliott
Faber                  Felder                 Ferguson
Foster                 Foxworth               Gilbert
Harris, P.             Haskins                Holt
Huff                   Humphries              Johnson, J.C.
Jones                  Keyserling             Klapman
Kohn                   Lanford                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McElveen               McLellan
McLeod, E.B.           Moss                   Nettles
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Snow
Sturkie                Taylor                 Townsend
Tucker                 Washington             Wells
Whipper                White                  Wilder
Wilkins                Williams               Winstead

Total--75

Those who voted in the negative are:

Bailey, G.             Boan                   Burriss, M.D.
Gentry                 Hayes                  Hearn
Hendricks              Hodges                 Johnson, J.W.
Kirsh                  Limehouse              Lockemy
McCain                 McEachin               McGinnis
McKay                  McTeer                 Neilson
Nesbitt                Pettigrew              Sheheen
Short                  Simpson                Stoddard
Thrailkill

Total--25

So, the amendment was tabled.

Rep. McEACHIN proposed the following Amendment No. 17, which was tabled.

Amend as and if amended by striking on page [4025-7] beginning on line 17, lines 17-45 and on page [4025-8] lines 1-9.

Amend totals to conform.

Amend title to conform.

Rep. McEACHIN explained the amendment.

Rep. T. ROGERS moved to table the amendment.

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

Yeas 59; Nays 35

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Arthur
Aydlette               Bailey, K.             Baker
Bradley, J.            Bradley, P.            Brown, H.
Brown, J.              Burch                  Carnell
Clyborne               Cole                   Cork
Dangerfield            Day                    Derrick
Edwards                Elliott                Faber
Ferguson               Foster                 Foxworth
Gentry                 Gilbert                Harris, J.
Haskins                Holt                   Huff
Jones                  Keyserling             Kohn
Lanford                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McKay                  Nettles                Pearce
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Shelton
Simpson                Snow                   Stoddard
Washington             Whipper                Wilder
Wilkins                Winstead

Total--59

Those who voted in the negative are:

Alexander, T.C.        Baxley                 Boan
Burriss, M.D.          Burriss, T.M.          Chamblee
Cooper                 Corning                Davenport
Harris, P.             Hayes                  Hearn
Hodges                 Humphries              Johnson, J.C.
Johnson, J.W.          Kay                    Kirsh
Klapman                Limehouse              Lockemy
McCain                 McEachin               McGinnis
McLellan               McTeer                 Neilson
Nesbitt                Pettigrew              Sheheen
Short                  Thrailkill             Townsend
Tucker                 Wells

Total--35

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 19 (Doc. No. 4162J), which was adopted.

Amend the Report by the Committee on Ways and Means, as and if amended, in subitem 3(a), page 4025-1, line 42, by inserting after /Academy/ //State Fire Marshal/.

Amend further in subitem 3, page 4025-2, by inserting immediately after line 5:

/The funds provided in this subitem for Fire Academy/State Fire Marshal Relocation must be used to construct a facility in which sufficient office space is provided for the State Fire Marshal which must be approved by the Division of General Services of the State Budget and Control Board./

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

POINT OF ORDER

Rep. J. BRADLEY raised the Point of Order that Amendment No. 19 was out of order as it was not germane to the Bill.

Rep. MAPPUS raised the Point of Order that Rep. Bradley was not in his seat when he made his Point.

The SPEAKER sustained Rep. MAPPUS' Point of Order.

So, the amendment was then adopted.

Rep. CORK proposed the following Amendment No. 20 (Doc. No. 4224J), which was tabled.

Amend the report, as and if amended, page 4025-8, by inserting a subitem, appropriately numbered, immediately after line 9 to read:
/____.     Hilton Head Island Environmental

and Historical Museum     1,000,000

Total, Hilton Head Island

Environmental and Historical Museum     1,000,000

The funds authorized in this subitem for the Hilton Head Island Environmental and Historical Museum must be matched on a two-to-one dollar basis and documentation must be provided to the State Treasurer certifying the match has been raised and is on deposit prior to the release of any capital improvement bond funds./

Renumber sections to conform.

Amend totals and title to conform.

Rep. CORK explained the amendment.

Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 63 to 13.

Rep. CORNING moved that the House do now adjourn and demanded the yeas and nays, which were not ordered.

The House refused to adjourn by a division vote of 35 to 56.

Reps. RUDNICK, SHARPE and JONES proposed the following Amendment No. 22 (Doc. No. 4013J), which was tabled.

Amend the report of the Committee on Ways and Means, as and if amended, by adding a new item to be appropriately numbered to item 13. of Section 1 which begins on line 23 of page [4025-3] to read:

/( )     Aiken: Continuing Education

Center Renovation     750,000/.     Renumber items to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

LEAVE OF ABSENCE

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

Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. CORNING proposed the following Amendment No. 23 (Doc. No. 4000J), which was tabled.

Amend the Committee Report, as and if amended, by striking line 29 on page 4025-6 and lines 1 through 3 on page 4025-8.

Renumber subitems to conform.

Amend totals and title to conform.

Rep. CORNING explained the amendment.

Rep. J. HARRIS spoke against the amendment.

Reps. SIMPSON and CORNING spoke in favor of the amendment.

Rep. LEWIS moved that the House do now adjourn.

POINT OF ORDER

Rep. CARNELL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

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

Yeas 44; Nays 59

Those who voted in the affirmative are:

Altman                  Arthur                Bailey, K.
Baxley                 Beasley                Brown, H.
Burriss, M.D.          Burriss, T.M.          Cork
Corning                Davenport              Fair
Foster                 Foxworth               Gentry
Gilbert                Hayes                  Hearn
Hendricks              Hodges                 Humphries
Johnson, J.W.          Kirsh                  Koon
Lewis                  Limehouse              Martin, L.
McCain                 McEachin               McGinnis
McKay                  Nesbitt                Nettles
Pettigrew              Phillips, L.           Phillips, O.
Rhoad                  Sheheen                Shelton
Short                  Simpson                Snow
Taylor                 Wilder

Total--44

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Bailey, G.             Barfield               Blanding
Boan                   Bradley, J.            Bradley, P.
Brown, G.              Brown, J.              Burch
Carnell                Chamblee               Cole
Cooper                 Dangerfield            Day
Derrick                Edwards                Elliott
Faber                  Felder                 Ferguson
Harris, J.             Harris, P.             Haskins
Holt                   Huff                   Johnson, J.C.
Jones                  Kay                    Keyserling
Klapman                Kohn                   Lockemy
Mappus                 Martin, D.             McAbee
McElveen               McLellan               McLeod, E.B.
McTeer                 Moss                   Neilson
Petty                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Townsend
Tucker                 Washington             Wells
Whipper                White                   Wilkins
Williams               Winstead

Total--59

So, the House refused to adjourn.

Rep. J. HARRIS moved to table the amendment, which was agreed to by a division vote of 65 to 25.

Rep. CORNING proposed the following Amendment No. 25 (Doc. No. 3997J), which was tabled.

Amend the Committee Report, as and if amended, page 4025-2, by striking line 37.

Renumber subitems to conform.

Amend totals and title to conform.

Rep. CORNING explained the amendment.

Rep. KEYSERLING spoke against the amendment.

Rep. O. PHILLIPS moved to table the amendment, which was agreed to by a division vote of 60 to 24.

Rep. LEWIS proposed the following Amendment No. 28 (Doc. No. 4281J), which was adopted.

Amend the Report of the Committee on Ways and Means, as and if amended, in Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, as contained in SECTION 1, by adding an appropriately numbered subitem to read:

/____.     Aeronautics Commission

Airport Improvements     3,500,000

Total, Aeronautics Commission     3,500,000/.

Renumber subitems to conform.

Amend totals and title to conform.

Rep. LEWIS explained the amendment.

LEAVE OF ABSENCE

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

Reps. WILDER, O. PHILLIPS, McLELLAN and J. ROGERS spoke in favor of the amendment.

LEAVE OF ABSENCE

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

Rep. J. ROGERS continued speaking.

The amendment was then adopted.

Rep. O. PHILLIPS proposed the following Amendment No. 32 (Doc. No. 4234J), which was tabled.

Amend the Report by the Committee on Ways and Means, as and if amended, in Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, as contained in SECTION 1, by adding an appropriately numbered subitem to read:

/____.     Commission on Alcohol and Drug Abuse

New Building and Land Acquisition     125,000/.

Renumber subitems to conform.

Amend totals and title to conform.

Rep. O. PHILLIPS explained the amendment.

Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. DAVENPORT moved that the House do now adjourn.

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

Yeas 48; Nays 58

Those who voted in the affirmative are:

Arthur                 Baxley                 Brown, G.
Burriss, M.D.          Burriss, T.M.          Chamblee
Cork                   Corning                Davenport
Derrick                Ferguson               Foster
Foxworth               Gentry                 Gilbert
Gregory                Hayes                  Hearn
Hendricks              Hodges                 Humphries
Johnson, J.W.          Kirsh                  Klapman
Koon                   Lanford                Lewis
Limehouse              Martin, L.             McCain
McEachin               McGinnis               McLeod, J.W.
Moss                   Nesbitt                Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Short                  Simpson
Snow                   Sturkie                Thrailkill
Wells                  Wilder                 Williams

Total--48

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Beasley
Bennett                Blanding               Boan
Bradley, J.            Bradley, P.            Brown, H.
Brown, J.              Burch                  Carnell
Clyborne               Cole                   Dangerfield
Day                    Edwards                Elliott
Faber                  Harris, J.             Harris, P.
Haskins                Holt                   Huff
Johnson, J.C.          Jones                  Kay
Kohn                   Lockemy                Mappus
Martin, D.             Mattos                 McAbee
McElveen               McLellan               McLeod, E.B.
McTeer                 Nettles                Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Taylor
Townsend               Tucker                 Washington
Whipper                White                  Wilkins
Winstead

Total--58

So, the House refused to adjourn.

Rep. McGINNIS proposed the following Amendment No. 34 (Doc. No. 4247J), which was tabled.

Amend the Report by the Committee on Ways and Means, as and if amended, in Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, as contained in SECTION 1, by adding an appropriately numbered subitem to read:

/City of Wellford

Sewage Tap On to Lyman     400,000/.

Renumber subitems to conform.

Amend totals and title to conform.

Rep. McGINNIS explained the amendment.

Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 62 to 13.

Rep. J. BRADLEY proposed the following Amendment No. 36, which was rejected.

Amend as and if amended, Section 1, Item 27, Ports Authority, page 7 by deleting beginning with "The" on line 12 and ending with "1988-89" on line 16.

Amend to conform.

Rep. J. BRADLEY explained the amendment.

Rep. McLELLAN spoke against the amendment.

Rep. J. BRADLEY spoke in favor of the amendment.

Rep. McLELLAN moved to table the amendment.

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

Yeas 37; Nays 61

Those who voted in the affirmative are:

Alexander, T.C.        Altman                 Blanding
Boan                   Burriss, M.D.          Carnell
Cork                   Edwards                Elliott
Foster                 Harris, J.             Harris, P.
Hayes                  Hearn                  Hendricks
Hodges                 Humphries              Johnson, J.W.
Kay                    Kirsh                  Koon
Mattos                 McAbee                 McCain
McElveen               McLellan               McLeod, E.B.
McTeer                 Nesbitt                Rice
Rogers, T.             Rudnick                Simpson
Snow                   Sturkie                Townsend
Wilder

Total--37

Those who voted in the negative are:

Aydlette               Bailey, G.             Baker
Barfield               Bennett                Bradley, J.
Bradley, P.            Brown, G.              Brown, H.
Brown, J.              Burch                  Burriss, T.M.
Chamblee               Clyborne               Cole
Cooper                 Dangerfield            Davenport
Day                    Derrick                Faber
Ferguson               Foxworth               Gentry
Gilbert                Gregory                Haskins
Holt                   Huff                   Johnson, J.C.
Jones                  Klapman                Kohn
Lanford                Lewis                  Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             McEachin               McGinnis
McKay                  McLeod, J.W.           Moss
Nettles                Pettigrew              Petty
Phillips, O.           Rhoad                  Rogers, J.
Sharpe                 Sheheen                Short
Taylor                 Tucker                 Washington
Wells                  Whipper                White
Winstead

Total--61

So, the House refused to table the amendment.

Rep. McLELLAN spoke against the amendment.

The amendment was then rejected by a division vote of 31 to 60.

Rep. McABEE proposed the following Amendment No. 37 (Doc. No. 4242J), which was tabled.

Amend the Report by the Committee on Ways and Means, as and if amended, in Subitem 2 of Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, page 1, by adding immediately after line 39 an appropriately lettered sub-subitem to read:
/( )     Armory Renovation and

Maintenance     150,000/.

Amend totals and title to conform.

Rep. McABEE explained the amendment.

Rep. McLELLAN spoke against the amendment.

Rep. McABEE spoke in favor of the amendment.

Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 61 to 13.

Rep. STURKIE moved that the House do now adjourn.

POINT OF ORDER

Rep. T. ROGERS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

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

Yeas 51; Nays 59

Those who voted in the affirmative are:

Bailey, K.             Bennett                Brown, G.
Burriss, M.D.          Burriss, T.M.          Chamblee
Cork                   Corning                Davenport
Derrick                Faber                  Felder
Ferguson               Foster                 Gentry
Gilbert                Gregory                Hayes
Hearn                  Hendricks              Hodges
Humphries              Johnson, J.W.          Kirsh
Koon                   Lanford                Lewis
Limehouse              Martin, L.             McCain
McEachin               McGinnis               McKay
McLeod, J.W.           Moss                   Neilson
Nesbitt                Nettles                Pettigrew
Phillips, L.           Phillips, O.           Rhoad
Shelton                Short                  Simpson
Sturkie                Thrailkill             Tucker
Wells                  Wilder                 Williams

Total--51

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Baker                  Barfield               Beasley
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, H.              Burch
Carnell                Clyborne               Cole
Cooper                 Dangerfield            Day
Edwards                Elliott                Foxworth
Harris, J.             Harris, P.             Haskins
Holt                   Huff                   Johnson, J.C.
Jones                  Kay                    Keyserling
Klapman                Kohn                   Lockemy
Mappus                 Martin, D.             Mattos
McAbee                 McElveen               McLellan
McLeod, E.B.           McTeer                 Pearce
Petty                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Snow                   Taylor
Townsend               Washington             Whipper
Wilkins                Winstead

Total--59

So, the House refused to adjourn.

Rep. CORNING proposed the following Amendment No. 39 (Doc. No. 3997J), which was tabled.

Amend the Committee Report, as and if amended, page 4025-2, by striking lines 15 through 18.

Renumber subitems to conform.

Amend totals and title to conform.

LEAVE OF ABSENCE

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

Rep. CORNING explained the amendment.

Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 81 to 5.

MOTION NOTED

Rep. HASKINS moved to reconsider the vote whereby Amendment No. 13 was tabled and the motion was noted.

Rep. WASHINGTON moved immediate cloture on the entire matter.

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

Yeas 36; Nays 65

Those who voted in the affirmative are:

Alexander, M.O.        Bailey, K.             Bennett
Blanding               Bradley, J.            Brown, J.
Carnell                Dangerfield            Faber
Felder                 Foxworth               Gilbert
Harris, P.             Holt                   Huff
Jones                  Kay                    Keyserling
Kohn                   Mappus                 Martin, D.
McAbee                 McLeod, E.B.           Nettles
Phillips, L.           Rice                   Rogers, T.
Rudnick                Shelton                Taylor
Townsend               Washington             Whipper
White                  Wilkins                Williams

Total--36

Those who voted in the negative are:

Alexander, T.C.        Altman                 Arthur
Bailey, G.             Barfield               Beasley
Boan                   Brown, H.              Burch
Burriss, M.D.          Burriss, T.M.          Chamblee
Cole                   Cooper                 Cork
Corning                Davenport              Day
Derrick                Edwards                Elliott
Ferguson               Foster                 Gentry
Gregory                Harris, J.             Haskins
Hayes                  Hearn                  Hendricks
Hodges                 Humphries              Johnson, J.C.
Johnson, J.W.          Kirsh                  Klapman
Koon                   Lanford                Lewis
Limehouse              Lockemy                Martin, L.
Mattos                 McCain                 McEachin
McLellan               McLeod, J.W.           McTeer
Moss                   Neilson                Nesbitt
Pearce                 Pettigrew              Petty
Phillips, O.           Rhoad                  Rogers, J.
Sharpe                 Short                  Simpson
Sturkie                Thrailkill             Tucker
Wells                  Wilder

Total--65

So, immediate cloture was rejected.

MOTION REJECTED

Rep. BLANDING moved that when the House adjourns it adjourn to meet at 9:00 A.M. tomorrow, which was not agreed to.

Rep. CORNING proposed the following Amendment No. 40 (Doc. No. 3997J), which was tabled.

Amend the Committee Report, as and if amended, page 4025-2, by striking lines 19 through 22.

Renumber subitems to conform.

Amend totals and title to conform.

Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 63 to 4.

Rep. CORNING proposed the following Amendment No. 41 (Doc. No. 3997J), which was tabled.

Amend the Committee Report, as and if amended, page 4025-2, by striking lines 23 through 27.

Renumber subitems to conform.

Amend totals and title to conform.

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

POINTS OF ORDER AND PARLIAMENTARY INQUIRY

Rep. FELDER raised the Point of Order that the failure of the previous question allowed the amendment process to continue and the number of amendments then placed on the desk was dilatory.

The SPEAKER stated that number, alone, does not make amendments dilatory and he overruled the Point of Order.

Rep. RUDNICK further raised the Point of Order, citing Mason's Manual that motions which obstruct the business of the House were dilatory, that the amendments on the desk were delaying and obstructing the business of the House and that the amendments should be held dilatory.

The SPEAKER stated that an amendment was not a motion and he overruled the Point of Order.

Rep. LIMEHOUSE inquired whether or not the printing cost of all of the amendments on the desk was by rule or by statute, and if it was by rule, then could the House waive the printing rule by vote of the body.

The SPEAKER stated that by rule, the House could waive the printing of any document required to be printed under the rules by motion with a two-thirds vote of those present and voting.

RULE 5.14 WAIVED

Rep. LIMEHOUSE moved to waive the printing of tabled amendments under Rule 5.14 effective immediately.

The yeas and nays were taken resulting as follows:

Yeas 106; Nays 0

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Arthur                 Aydlette               Bailey, G.
Bailey, K.             Baker                  Barfield
Beasley                Bennett                Blanding
Boan                   Bradley, J.            Brown, G.
Brown, H.              Brown, J.              Burch
Burriss, M.D.          Carnell                Chamblee
Clyborne               Cole                   Cooper
Cork                   Corning                Dangerfield
Davenport              Day                    Derrick
Edwards                Elliott                Faber
Felder                 Ferguson               Foster
Foxworth               Gentry                 Gilbert
Gregory                Harris, J.             Harris, P.
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Holt
Huff                   Humphries              Johnson, J.C.
Johnson, J.W.          Jones                  Kay
Keyserling             Kirsh                  Klapman
Kohn                   Koon                   Lanford
Lewis                  Limehouse              Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McCain
McEachin               McElveen               McKay
McLellan               McLeod, E.B.           McTeer
Moss                   Neilson                Nesbitt
Nettles                Pearce                 Pettigrew
Petty                  Phillips, L.           Phillips, O.
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Shelton                Short
Simpson                Snow                   Sturkie
Thrailkill             Townsend               Tucker
Washington             Whipper                White
Wilder                 Wilkins                Williams
Winstead

Total--106

Those who voted in the negative are:

Total--0

So, Rule 5.14 was waived.

RULE 3.9 RESCINDED

Rep. GREGORY moved to rescind Rule 3.9 which was agreed to.

Rep. STURKIE moved that the House do now adjourn.

POINT OF ORDER

Rep. P. BRADLEY raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.

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

Yeas 53; Nays 56

Those who voted in the affirmative are:

Altman                 Arthur                 Bailey, K.
Bennett                Burriss, M.D.          Burriss, T.M.
Chamblee               Cork                   Corning
Davenport              Derrick                Ferguson
Foster                 Gentry                 Gregory
Harris, P.             Hayes                  Hearn
Hendricks              Hodges                 Humphries
Johnson, J.W.          Kay                    Kirsh
Koon                   Lanford                Lewis
Limehouse              Lockemy                Martin, L.
McCain                 McEachin               McGinnis
McKay                  McLeod, J.W.           Moss
Neilson                Nesbitt                Nettles
Pearce                 Pettigrew              Phillips, L.
Phillips, O.           Shelton                Short
Simpson                Snow                   Sturkie
Thrailkill             Townsend               Tucker
Wells                  Wilder

Total--53

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Aydlette
Bailey, G.             Baker                  Barfield
Beasley                Blanding               Boan
Bradley, J.            Bradley, P.            Brown, H.
Brown, J.              Carnell                Clyborne
Cole                   Cooper                 Dangerfield
Day                    Edwards                Elliott
Faber                  Felder                 Gilbert
Harris, J.             Haskins                Holt
Huff                   Johnson, J.C.          Jones
Keyserling             Klapman                Kohn
Mappus                 Martin, D.             Mattos
McAbee                 McElveen               McLellan
McLeod, E.B.           McTeer                 Petty
Rhoad                  Rice                   Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Taylor                 Washington
Whipper                White                  Wilkins
Williams               Winstead

Total--56

So, the House refused to adjourn.

POINT OF ORDER AND PARLIAMENTARY INQUIRY

Rep. M.O. ALEXANDER inquired whether or not the SPEAKER's ruling applied to motions only and he further inquired about the frivolous and absurd amendments which were delaying the business of the House.

The SPEAKER cited precedent from July 1, 1981, in the House Journal to support his ruling.

Rep. P. BRADLEY raised the Point of Order, citing a previous precedent, that the SPEAKER should examine the remaining amendments and establish whether there was a dilatory pattern. He further requested that the amendments be ruled out of order based on the precedent.

The SPEAKER stated that the Point would have to be raised on each individual amendment.

PARLIAMENTARY INQUIRY

Rep. FERGUSON inquired whether or not it was the rule that no person shall be allowed to disrupt the business of the House.

The SPEAKER stated that it was a rule, but it depended on the situation in question.

Rep. FERGUSON further inquired whether or not any member of this body would be allowed to utilize the rules or parliamentary procedure to the extent that it would constructively obstruct the business of the House.

The SPEAKER stated that every person in this body is entitled to use the rules for his or her benefit in any way which is allowed under the rules.

Rep. HUFF stated that later amendments would prove a dilatory pattern.

The SPEAKER stated that he could only rule on the amendment before him.

LEAVE OF ABSENCE

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

AMENDMENT NO. 42--TABLED

The amendment was tabled by a division vote of 69 to 3.

AMENDMENT NO. 43--TABLED

The amendment was tabled by a division vote of 57 to 10.

AMENDMENT NO. 44--TABLED

The amendment was tabled by a division vote of 61 to 2.

AMENDMENT NO. 45--TABLED

The amendment was tabled.

Rep. J. ROGERS moved immediate cloture on the entire matter.

The yeas and nays were taken resulting as follows:

Yeas 78; Nays 13

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Bailey, G.             Bailey, K.             Baker
Barfield               Beasley                Bennett
Blanding               Boan                   Bradley, J.
Bradley, P.            Brown, J.              Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Cork                   Dangerfield
Day                    Edwards                Elliott
Faber                  Felder                 Ferguson
Foxworth               Gentry                 Gilbert
Harris, J.             Harris, P.             Haskins
Hearn                  Holt                   Huff
Humphries              Johnson, J.C.          Johnson, J.W.
Jones                  Kay                    Keyserling
Kohn                   Lanford                Lockemy
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McGinnis
McLellan               McLeod, E.B.           McTeer
Moss                   Nettles                Pearce
Petty                  Phillips, O.           Rhoad
Rice                   Rogers, J.             Rogers, T.
Rudnick                Sharpe                 Sheheen
Shelton                Short                  Townsend
Tucker                 Washington             Whipper
White                  Wilder                 Williams

Total--78

Those who voted in the negative are:

Brown, H.              Corning                Davenport
Hodges                 Kirsh                  Klapman
Koon                   Limehouse              McCain
McEachin               Pettigrew              Sturkie
Wells

Total--13

So, having received the necessary vote, immediate cloture was ordered.

AMENDMENT NO. 116--TABLED
POINT OF ORDER

Rep. FELDER raised the Point of Order that Amendment No. 116 was out of order as it appropriated deficit money.

The SPEAKER overruled the Point of Order.

The amendment was debated.

The amendment was tabled by a division vote of 59 to 34.

AMENDMENT NO. 117--TABLED

The amendment was tabled by a division vote of 53 to 37.

AMENDMENT NO. 617--TABLED

The amendment was tabled.

Rep. SIMPSON proposed the following Amendment No. 618, which was ruled out of order:

Amend as and if amended, Line 24, Section 26;

Strike on Line 29, Item C, Cheraw State Park Development.

POINT OF ORDER

Rep. J. HARRIS raised the Point of Order that Amendment No. 618 was out of order as it was identical to an amendment previously tabled by the House.

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

AMENDMENT NO. 619--TABLED

The amendment was tabled.

AMENDMENT NO. 620--TABLED
AMENDMENT NO. 621--TABLED
POINT OF ORDER

Rep. CORNING raised the Point of Order that Amendment No. 621 was out of order as Section 8 was not germane to the Bill.

The SPEAKER stated that this was not the Appropriations Bill, for which the House Rules provide that any provisos must be germane to a revenue section of the Bill, but a Bond Bill and he overruled the Point of Order.

The amendment was debated and tabled.

AMENDMENT NO. 622--TABLED

The amendment was debated and tabled by a division vote of 42 to 26.

AMENDMENT NO. 623--TABLED

The amendment was tabled.

AMENDMENT NO. 624--TABLED

The amendment was tabled.

AMENDMENT NO. 625--TABLED

The amendment was tabled.

AMENDMENT NO. 626--TABLED

The amendment was debated and tabled.

Rep. McABEE proposed the following Amendment No. 627 (Doc. No. 4264J), which was rejected.

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

/SECTION _____. The General Assembly may authorize state capital improvement bonds only for use by state agencies, departments, authorities, boards, or commissions with independent governing bodies./

Renumber sections to conform.

Amend title to conform.

Rep. McABEE explained the amendment.

POINT OF ORDER

Rep. HOLT raised the Point of Order that Amendment No. 627 was out of order as it was not germane to the Bill.

The SPEAKER overruled the Point of Order.

Rep. HUFF moved to table the amendment.

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

Yeas 45; Nays 45

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Aydlette
Bailey, G.             Bailey, K.             Baker
Barfield               Bennett                Bradley, J.
Bradley, P.            Brown, H.              Burch
Clyborne               Dangerfield            Edwards
Elliott                Foxworth               Gilbert
Haskins                Holt                   Huff
Jones                  Klapman                Kohn
Lockemy                Martin, D.             Martin, L.
Mattos                 Moss                   Nettles
Pearce                 Petty                  Phillips, O.
Rhoad                  Rice                   Rudnick
Sheheen                Short                  Washington
Whipper                White                  Wilder
Wilkins                Williams               Winstead

Total--45

Those who voted in the negative are:

Alexander, T.C.        Beasley                Blanding
Boan                   Burriss, M.D.          Burriss, T.M.
Carnell                Chamblee               Cole
Cooper                 Cork                   Corning
Davenport              Day                    Felder
Ferguson               Gentry                 Harris, J.
Harris, P.             Hearn                  Hodges
Humphries              Johnson, J.C.          Johnson, J.W.
Kay                    Kirsh                  Koon
Lanford                Limehouse              Mappus
McAbee                 McCain                 McEachin
McElveen               McGinnis               McKay
McLeod, E.B.           McTeer                 Pettigrew
Rogers, T.             Snow                   Sturkie
Townsend               Tucker                 Wells

Total--45

So, the House refused to table the amendment.

SPEAKER Pro Tempore IN CHAIR

Rep. SHEHEEN spoke against the amendment.

So, the amendment was rejected by a division vote of 14 to 70.

AMENDMENT NO. 628--TABLED

The amendment was tabled.

AMENDMENT NO. 629--TABLED

The amendment was tabled.

POINT OF ORDER

Rep. McEACHIN raised the Point of Order that under Article X, Section 11 of the South Carolina Constitution, Sections 28, 29, 30, and 31 of the Bond Bill were out of order as money was not being provided to the state or to its subdivisions.

The SPEAKER Pro Tempore stated that he would have to overrule the Point as Section 11 was not applicable to the Bond Bill, but that Section 13 of the same Article limits the General Assembly's power of incurring general obligation indebtedness, and the one restriction would be the debt that was incurred must be for public purposes. Therefore, on Section 28, he overruled the Point as the Greenville Performing Arts Center was to be located on land owned by a public entity; on Section 29, the South Carolina Aquarium, he overruled the Point as there was a prohibition in the section itself that no money was to released until a public authority was established to operate it; on Section 30, the Florence County Civic Center, he overruled the Point as it was to be administered by a public governing body; and, on Section 31, the North Charleston Coliseum, he overruled the Point as the majority of the funds were to be supplied by a public governing body.

Rep. McCAIN moved that the House do now adjourn.

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

Yeas 30; Nays 63

Those who voted in the affirmative are:

Burriss, M.D.          Chamblee               Cork
Corning                Davenport              Ferguson
Gentry                 Gilbert                Hayes
Hearn                  Hodges                 Humphries
Johnson, J.W.          Kirsh                  Koon
Lanford                Limehouse              McCain
McEachin               McGinnis               Nesbitt
Nettles                Pettigrew              Rhoad
Sheheen                Sturkie                Townsend
Tucker                 Wells                  White

Total--30

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Arthur
Aydlette               Bailey, G.             Bailey, K.
Baker                  Barfield               Beasley
Bennett                Blanding               Boan
Bradley, J.            Bradley, P.            Brown, H.
Burch                  Burriss, T.M.          Carnell
Clyborne               Cole                   Cooper
Dangerfield            Day                    Edwards
Elliott                Foxworth               Harris, J.
Harris, P.             Haskins                Holt
Huff                   Johnson, J.C.          Jones
Kay                    Keyserling             Klapman
Kohn                   Lockemy                Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McElveen               McKay
McLellan               McLeod, E.B.           McTeer
Moss                   Petty                  Phillips, O.
Rice                   Rogers, J.             Rogers, T.
Rudnick                Snow                   Taylor
Washington             Whipper                Wilder
Wilkins                Williams               Winstead

Total--63

So, the House refused to adjourn.

AMENDMENT NO. 630--TABLED

The amendment was tabled.

AMENDMENT NO. 692--TABLED

The amendment was tabled.

AMENDMENT NO. 693--TABLED

The amendment was debated and tabled by a division vote of 54 to 12.

AMENDMENT NO. 694--TABLED

The amendment was tabled.

Rep. GILBERT moved to adjourn debate upon the Bill for 14 hours, 45 minutes.

POINT OF ORDER

Rep. BEASLEY raised the Point of Order that the motion to adjourn debate on the Bill was out of order as it was set for Special Order.

The SPEAKER Pro Tempore sustained the Point of Order and ruled the motion out of order.

Rep. GILBERT moved to continue the Bill.

POINT OF ORDER

Rep. BEASLEY raised the Point of Order that the motion to continue the Bill was out of order as it was set for Special Order.

The SPEAKER Pro Tempore overruled the Point of Order.

The House refuses to continue the Bill.

AMENDMENT NO. 695--TABLED

The amendment was tabled.

AMENDMENT NO. 696--TABLED

The amendment was tabled.

AMENDMENT NO. 697--TABLED

The amendment was tabled.

AMENDMENT NO. 5--TABLED

Debate was resumed on Amendment No. 5, which was tabled by a division vote of 53 to 34.

AMENDMENT NO. 6--TABLED

Debate was resumed on Amendment No. 6, which was tabled by a vote of 70 to 23.

AMENDMENT NO. 7--TABLED

Debate was resumed on Amendment No. 7, which was tabled by a vote of 49 to 45.

AMENDMENT NO. 8--TABLED

Debate was resumed on Amendment No. 8, which was tabled by a vote of 54 to 40.

Rep. MATTOS proposed the following Amendment No. 14 (Doc. No. 4293J), which was adopted.

Amend the Report by the Committee on Ways and Means, as and if amended, by adding an appropriately numbered section to read:

/SECTION ____. Sub-subitems b and f of Subitem 15 (Department of Mental Retardation) of Item (f) of Section 3 of Act 1377 of 1968, as added by Act 646 of 1978, is amended to read:

/b.     Coastal Center-Multiple

Handicapped Nursing Facility,

Construction and Equipment     650,000

f.     Coastal Center-Dormitory for

Deaf/Blind, Construction and

equipment     470,000

74,339.92/

Amend further by adding an appropriately numbered section to read:

/SECTION _____. Subitem 15 (Department of Mental Retardation) of Item (f) of Section 3 of Act 1377 of 1968, as added by Section 2 of Act 179 of 1981, is deleted./

Renumber sub-subitems to conform.

Renumber sections to conform.

Amend totals and title to conform.

Rep. MATTOS explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 15--TABLED

The amendment was tabled.

AMENDMENT NO. 21--TABLED

The amendment was tabled by a division vote of 57 to 24.

AMENDMENT NO. 29--TABLED

The amendment was tabled.

AMENDMENT NO. 30--TABLED

The amendment was tabled by a division vote of 60 to 15.

AMENDMENT NO. 13--MOTION TO RECONSIDER TABLED

The motion of Rep. HASKINS to reconsider the vote whereby Amendment No. 13 was tabled was taken up.

Rep. HASKINS moved to table the motion, which was agreed to.

Rep. McCAIN spoke against the Bill.

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

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 58; Nays 36

Those who voted in the affirmative are:

Alexander, M.O.        Arthur                 Aydlette
Bailey, G.             Bailey, K.             Baker
Barfield               Bennett                Blanding
Bradley, J.            Bradley, P.            Brown, H.
Burch                  Burriss, T.M.          Carnell
Clyborne               Dangerfield            Day
Edwards                Elliott                Felder
Foster                 Foxworth               Gilbert
Harris, J.             Harris, P.             Haskins
Holt                   Huff                   Jones
Keyserling             Kohn                   Mappus
Martin, D.             Martin, L.             Mattos
McAbee                 McElveen               McKay
McLellan               McLeod, E.B.           Moss
Nettles                Pearce                 Petty
Phillips, O.           Rhoad                  Rice
Rogers, J.             Rogers, T.             Rudnick
Snow                   Washington             Whipper
White                  Wilder                 Wilkins
Winstead

Total--58

Those who voted in the negative are:

Alexander, T.C.        Beasley                Boan
Burriss, M.D.          Chamblee               Cole
Cooper                 Cork                   Corning
Davenport              Derrick                Gentry
Hayes                  Hearn                  Hodges
Humphries              Johnson, J.C.          Johnson, J.W.
Kay                    Kirsh                  Klapman
Koon                   Lanford                Lewis
Limehouse              Lockemy                McCain
McEachin               McTeer                 Pettigrew
Sheheen                Short                  Sturkie
Townsend               Tucker                 Wells

Total--36

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

OBJECTION TO MOTION

Rep. McLELLAN asked unanimous consent that H. 4025 be read a third time tomorrow.

Rep. DAVENPORT objected.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4272 -- Reps. Stoddard, D. Martin, McAbee and Foxworth: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, JUNE 1, 1988, AS THE TIME FOR ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE.

H. 4295 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE WILLIE W. BROOKS, LONG-TIME PRINCIPAL OF WEST LEE ELEMENTARY SCHOOL OF LEE COUNTY.

H. 4296 -- Rep. Thrailkill: A CONCURRENT RESOLUTION TO COMMEND ONE HUNDRED ONE-YEAR-OLD DAVID CARR OF SOCASTEE IN HORRY COUNTY FOR THE INSPIRATION HE GIVES TO YOUNG AND OLD BY HIS POSITIVE ATTITUDE AND ENJOYMENT OF LIFE'S ACTIVITIES AS EVIDENCED BY HIS PARTICIPATION IN CONWAY'S FIRST SENIOR GAMES.

H. 4297 -- Rep. Corning: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF LONNIE B. NELSON ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO IN RICHLAND COUNTY ON THE SCHOOL BEING NAMED A MODEL ELEMENTARY SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION IN ITS NATIONAL ELEMENTARY SCHOOL RECOGNITION PROGRAM.

H. 4298 -- Rep. Corning: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE STUDENTS AND THEIR PARENTS, FACULTY, AND STAFF OF NORTH SPRINGS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO IN RICHLAND COUNTY ON THE SCHOOL BEING NAMED A MODEL ELEMENTARY SCHOOL BY THE UNITED STATES DEPARTMENT OF EDUCATION IN ITS NATIONAL ELEMENTARY SCHOOL RECOGNITION PROGRAM.

H. 4299 -- Reps. Dangerfield and Harvin: A CONCURRENT RESOLUTION TO EXPRESS THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF MR. ROBERT M. GRAHAM OF CHARLESTON.

H. 4300 -- Rep. Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE MS. ANNIE LOUISE PHELPS, OF RICHLAND COUNTY, ON HER SELECTION AS THE "1987 SOUTH CAROLINA MOTOR VEHICLE DIVISION EMPLOYEE OF THE YEAR" AND TO EXPRESS APPRECIATION FOR THE OUTSTANDING JOB DONE BY THE MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.

H. 4301 -- Reps. Dangerfield, Aydlette, J. Bradley, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION EXTENDING GREETINGS FOR A VERY HAPPY BIRTHDAY TO "AUNTIE" MATTIE BROWN OF CHARLESTON COUNTY ON THE OCCASION OF HER ONE HUNDRED SEVENTH BIRTHDAY AND WISHING HER MANY HAPPY RETURNS.

H. 4302 -- Rep. Neilson: A CONCURRENT RESOLUTION CONGRATULATING DERRICK MCQUEEN, GRADUATING SENIOR AT ST. JOHN'S HIGH SCHOOL IN DARLINGTON, FOR A SUPERB HIGH SCHOOL BASKETBALL CAREER, AND WISHING HIM SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.

H. 4303 -- Rep. Taylor: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. DAVID H. JOHNSON OF COLUMBIA IN RICHLAND COUNTY ON THE OCCASION OF HIS ONE HUNDRED THIRD BIRTHDAY ON MAY 6, 1988, AND WISHING HIM MANY HAPPY AND FRUITFUL RETURNS OF THE DAY.

H. 4310 -- Rep. L. Phillips: A CONCURRENT RESOLUTION TO CONGRATULATE AND RECOGNIZE MR. LLOYD E. KELLY OF GREENVILLE COUNTY ON THE OCCASION OF HIS RETIREMENT AFTER THIRTY YEARS OF SERVICE IN EDUCATION SERVING IN VARIOUS CAPACITIES.

H. 4312 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE THE MANY MEANINGFUL CONTRIBUTIONS TO THE CULTURAL DEVELOPMENT OF SPARTANBURG COUNTY MADE BY MARION F. FEINSTEIN DURING HER FORTY-TWO YEAR CAREER OF TEACHING DANCE.

ADJOURNMENT

At 7:50 P.M. the House in accordance with the motion of Rep. M.D. BURRISS adjourned in honor of his brother, the Rev. Dr. Donald J. Burriss, who was awarded the Doctor of Ministry degree today, to meet at 10:00 A.M. tomorrow.

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