Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 3080, Mar. 7 | Printed Page 3100, Mar. 8 |

Printed Page 3090 . . . . . Tuesday, March 8, 1994

STATEMENT OF ATTENDANCE

Rep. WILKINS signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, March 7.

INTRODUCTION OF BILLS

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

H. 4892 -- Reps. McLeod and G. Brown: A BILL TO AMEND SECTION 48-9-610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF COMMISSIONERS TO SERVE WITH ELECTED COMMISSIONERS AS THE GOVERNING BODY OF A SOIL AND WATER CONSERVATION DISTRICT, SO AS TO AUTHORIZE THE APPOINTMENT OF A MAXIMUM OF TWO ADDITIONAL COMMISSIONERS; AND TO AMEND SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS, SO AS TO DELETE THE REFERENCE TO THE NUMBER OF COMMISSIONERS.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 4893 -- Reps. Rogers, Waites, Scott, J. Brown, Byrd and Neal: A BILL TO AMEND SECTION 1-11-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO ADD MUNICIPALITIES.

Referred to Committee on Ways and Means.

CONCURRENT RESOLUTION

The following was introduced:

H. 4894 -- Reps. Carnell and McAbee: A CONCURRENT RESOLUTION CONGRATULATING MARGARET HERRING JENNINGS ON HER ELECTION AS PRESIDENT OF THE AMERICAN SCHOOL COUNSELORS ASSOCIATION.

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


Printed Page 3091 . . . . . Tuesday, March 8, 1994

H. 4820--AMENDED AND INTERRUPTED DEBATE

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

H. 4820

GENERAL APPROPRIATION BILL

MOTION NOTED

Rep. HALLMAN moved to reconsider the vote whereby Amendment No. 55 was tabled in Section 54, Part IA, and the motion was noted.

PART IB

SECTION 1

Section 1 was adopted.

SECTION 1A

Section 1A was adopted.

SECTION 2

Section 2 was adopted.

SECTION 2A

Section 2A was adopted.

SECTION 3--AMENDED AND DEBATE ADJOURNED

Rep. CARNELL proposed the following Amendment No. 63 (Doc Name L:\h- wm\legis\amend\3.COM), which was adopted.

Amend the bill, as and if amended, Part 1B, Section 3, Legislative Division, Page 511, Paragraph 34, Line 36, left column by striking /$300/ and inserting /$500/ and adding after /month/ This increase shall be effective on January 1, 1995/

Renumber sections & amend totals/title to conform.

Rep. KIRSH moved to adjourn debate upon the section, which was adopted.


Printed Page 3092 . . . . . Tuesday, March 8, 1994

SECTION 4A--ADOPTED

Rep. STILLE proposed the following Amendment No. 58 (Doc Name L:\h- wm\legis\amend\TMR.J1), which was tabled.

Amend the bill, as and if amended, Part IB, Section 4A, Judicial, Page 514, Paragraph 2, Lines 36-40, by striking the paragraph in its entirety

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

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

Rep. STILLE proposed the following Amendment No. 59 (Doc Name L:\h- wm\legis\amend\TMR.J2), which was tabled.

Amend the bill, as and if amended, Part IB, Section 4A, Judicial, Page 514, Paragraph 2, Lines 38-40, by striking /and shall provide the same for Supreme Court Justices & Judges of the Court of Appeals upon their request/

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 41 to 21.

Rep. STILLE proposed the following Amendment No. 61 (Doc Name L:\h- wm\legis\amend\TMR.J4), which was tabled.

Amend the bill, as and if amended, Part IB, Section 4A, Judicial, Page 514, Paragraph 5, Lines 21-22, by striking /Supreme Court Justice, Court of Appeals Judge/

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 45 to 24.

Section 4A was adopted.

SECTION 6DD--AMENDED AND ADOPTED

Rep. BOAN proposed the following Amendment No. 9 (Doc Name L:\h- wm\legis\amend\DH.SL2), which was adopted.

Amend the bill, as and if amended, Part IB, Section 6DD, Sled, Page 515, Paragraph 6, by striking the paragraph in its entirety

Renumber sections & amend totals/title to conform.


Printed Page 3093 . . . . . Tuesday, March 8, 1994

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 10 (Doc Name L:\h- wm\legis\amend\DH.DOL), which was adopted.

Amend the bill, as and if amended, Part IB, Section 6DD, Sled, Page 518, Paragraph 44, by striking the paragraph in its entirety

Renumber sections & amend totals/title to conform.

Section 6DD as amended was adopted.

SECTION 8

Section 8 was adopted.

SECTION 9

Rep. BOAN explained the section.

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 11--AMENDED AND DEBATE ADJOURNED

Rep. BOAN proposed the following Amendment No. 11 (Doc Name L:\h- wm\legis\amend\DH.AG), which was adopted.

Amend the bill, as and if amended, Part IB, Section 11, AG, Page 520, Paragraph 3, Line 44, by inserting after /him/ /This provision shall not apply to the State Budget and Control Board/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. ROBINSON moved to adjourn debate upon the section, which was adopted.

SECTION 12

Section 12 was adopted.

SECTION 14

Section 14 was adopted.


Printed Page 3094 . . . . . Tuesday, March 8, 1994

SECTION 15

Section 15 was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 17C--AMENDED AND ADOPTED

Rep. HODGES proposed the following Amendment No. 22 (Doc Name L:\h- wm\legis\amend\CJ.FUN), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17C, Division of Executive Director, Page 525, Paragraph 5, Line 9, by inserting after /if necessary./ /All/

Further amend, Page 525, Line 10, by inserting after /provided herein/ the words /shall be/

Further amend, Page 525, Line 22, by adding after /fiscal year./ the sentence /The Budget and Control Board shall contract for the director of the Center for Total Quality Management from existing funds/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the section.

Section 17C as amended was adopted.

SECTION 17E--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\h- wm\legis\amend\TMR.BC), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17E, OGS, Page 526, Paragraph 5, Line 39, by striking /State Engineer/ and inserting /Director of Office of General Services/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Rep. RICHARDSON proposed the following Amendment No. 78 (Doc Name L:\h- wm\legis\amend\DC.CON), which was ruled out of order.

Amend the bill, as and if amended, Part 1B, Section 17E, Division of Operations, Page 529, After Line 39, by adding an appropriately numbered paragraph to read /(0IS-Bidding of Reinsurance Contracts) Upon


Printed Page 3095 . . . . . Tuesday, March 8, 1994

the conclusion of the current coverage period, contracts administered by the Office of Insurance Services for Automobile Liability Reinsurance,, Medical Professional Liability Reinsurance and Property Reinsurance shall be bid every three years/

Renumber sections & amend totals/title to conform.

Rep. RICHARDSON explained the amendment.

POINT OF ORDER

Rep. SHARPE raised the Point of Order that Amendment No. 78 was out of order as it was not germane.

Rep. RICHARDSON argued contra the Point in stating that it did involve money.

The SPEAKER, citing Section 17E on page 70, stated that it had to relate to money in Section 17E of the Bill.

Rep. RICHARDSON continued to argue contra the Point.

The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.

Section 17E as amended was adopted.

SECTION 17G--DEBATE ADJOURNED

Rep. McABEE explained the section.

LEAVE OF ABSENCE

The SPEAKER granted Rep. R. YOUNG a temporary leave of absence.

Rep. McABEE continued speaking.

Rep. ROBINSON moved to adjourn debate upon the section, which was adopted.

Rep. KOON proposed the following Amendment No. 86 (Doc Name L:\council\legis\amend\DKA\3290JM.94), which was tabled.

Amend the bill, as and if amended, Part IB, Temporary Provisions, page 536, right hand column, by adding immediately after line 4:

/SECTION 17J - BUDGET AND CONTROL: OFFICE OF GENERAL SERVICES

1. (State Print/Duplicating) Notwithstanding any other provision of law, the Information Technology Management Office of the Division of General Services of the State Budget and Control Board shall set production standards for state print/duplicating facilities and approve all


Printed Page 3096 . . . . . Tuesday, March 8, 1994

printing/duplicating equipment purchases by state agencies. This office shall make recommendations to the Budget and Control Board to close or combine facilities when proven cost effective to the operation of state government./

Renumber items and sections & amend totals/title to conform.

Rep. KOON explained the amendment.

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

LEAVE OF ABSENCE

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

SECTION 17P--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 119 (Doc Name L:\h- wm\legis\amend\TMR.024), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17P, State Auditor, Page 537, Paragraph 7, by striking the paragraph in its entirety.

Renumber sections & amend totals/title to conform.

Section 17P as amended was adopted.

SECTION 17R

Section 17R was adopted.

SECTION 17S

Section 17S was adopted.

SECTION 17T

Section 17T was adopted.

SECTION 18A--AMENDED AND DEBATE ADJOURNED

Reps. BOAN, WHITE and McTEER proposed the following Amendment No. 50 (Doc Name L:\h-wm\legis\amend\CJ.MUS), which was adopted.

Amend the bill, as and if amended, Part 1B, Section 18A, Commission on Higher Education, Page 543, Line 11, by adding an appropriately numbered item/paragraph to read in the left column /of the funds appropriated to the Higher Education Formula, $159,000 shall be allocated


Printed Page 3097 . . . . . Tuesday, March 8, 1994

to the Medical University of South Carolina for a Diabetes Center of Excellence/

Renumber sections & amend totals/title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. McTEER explained the section.

Rep. McTEER moved to adjourn debate upon the section, which was adopted.

SECTION 18B--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the section, which was adopted.

SECTION 18K--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the section, which was adopted.

SECTION 18M--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the section, which was adopted.

SECTION 18N--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the section, which was adopted.

SECTION 19--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the section, which was adopted.

SECTION 19A--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the section, which was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.


Printed Page 3098 . . . . . Tuesday, March 8, 1994

SECTION 22

Section 22 was adopted.

SECTION 23--AMENDED AND ADOPTED

Rep. WELLS proposed the following Amendment No. 31 (Doc Name L:\h- wm\legis\amend\CJ), which was adopted.

Amend the bill, as and if amended, Part IB, Section 23, Deaf and Blind, Page 563, Paragraph 4, right column, Line 32, by striking the proviso in its entirety.

Renumber sections & amend totals/title to conform.

Rep. WELLS explained the amendment.

The amendment was then adopted.

Rep. BOAN explained the section.

Section 23 as amended was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26--AMENDED AND ADOPTED

Reps. WAITES, GONZALES and STILLE proposed the following Amendment No. 93 (Doc Name L:\council\legis\amend\JIC\5714HTC.94), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 26, State Library, Paragraph 1, page 566, left column, by striking beginning on line 28: /To receive this aid, local library support shall not be less than the amount actually expended for library operations from local sources in the second preceding year./

Renumber sections & amend totals/title to conform.

Rep. GONZALES explained the amendment.

The amendment was then adopted.

Section 26 as amended was adopted.

SECTION 27

Section 27 was adopted.


Printed Page 3099 . . . . . Tuesday, March 8, 1994

SECTION 28

Section 28 was adopted.

SECTION 29--ADOPTED

Rep. MOODY-LAWRENCE proposed the following Amendment No. 84 (Doc Name L:\h- wm\legis\amend\VC.014), which was tabled.

Amend the bill, as and if amended, Part IB, Section 29, DHHS, Page 569, by adding an appropriately numbered paragraph to read /OF the funds appropriated herein, DHHS shall implement a Medically Needy Program effective October 1, 1994. This program shall assist those persons whose medical bills exhaust their income. Individuals eligible under this coverage group are entitled to receive all of the Medicaid covered services which are available to other Medicaid recipients./

Renumber sections & amend totals/title to conform.

Rep. MOODY-LAWRENCE explained the amendment.

Rep. BOAN spoke against the amendment.

Rep. MOODY-LAWRENCE spoke in favor of the amendment.

Rep. MATTOS spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 47 to 45.

Section 29 was adopted.

SECTION 30--AMENDED AND DEBATE ADJOURNED

AMENDMENT NO. 46--DEBATE ADJOURNED

Reps. WITHERSPOON, RISER and SHARPE proposed the following Amendment No. 46 (Doc Name L:\council\legis\amend\N05\7665BDW.94).
Amend the bill, as and if amended, Part IB, SECTION 30, page 573, line 26, paragraph 23, after the first sentence, by inserting:

/The fee must not be collected from agricultural operations involved in the production and processing of agricultural commodities and which do not sell water to their customers./

Renumber sections & amend totals/title to conform.

Rep. WITHERSPOON explained the amendment.

Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 30 to 57.

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


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