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Printed Page 7820, June 1
| Printed Page 7840, June 1
| Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. STEWART demanded the yeas and nays on the adoption of the amendment, which were not ordered.
The amendment was then adopted by a division vote of 54 to 25.
Rep. BAXLEY proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\CYY\16343AC.94).
Amend the bill, as and if amended, by deleting Section 33-56-180 and inserting:
/Section 33-56-180. (A) Any person sustaining an injury or dying by reason
of the tortious act of commission or omission of an employee of a charitable
organization, when the employee is acting within the scope of his employment,
may only recover in an action brought against the charitable organization for
the actual damages he may sustain in an amount not exceeding two hundred fifty
thousand dollars. An action against the charitable organization under this
section constitutes a complete bar to any recovery by the claimant, by reason of
the same subject matter, against the employee of the charitable organization
whose act or omission gave rise to the claim unless it is alleged and proved in
the action that the employee acted in a reckless, wilful, or grossly negligent
manner, and the employee must be properly joined as a party defendant. No
judgment against an employee of a charitable organization may be returned unless
a specific finding is made that the employee acted in a reckless, wilful, or
grossly negligent manner. If the charitable organization for which the employee
was acting cannot be determined at the time the action is instituted, the
plaintiff may name as a party defendant the employee, and the entity for which
the employee was acting must be added or substituted as party defendant when it
can be reasonably determined.
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. HARRISON spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 4, Rep. HARRISON having the floor.
Rep. BOAN 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. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE.
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Barber Baxley Boan Breeland Brown, G. Brown, H. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Corning Cromer Delleney Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harwell Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, R. Snow Spearman Stoddard Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright
Cooper Davenport Fair Haskins Meacham Smith, D. Young, A. Young, R.
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. BOAN, COBB-HUNTER and HALLMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred: H. 4911 -- Reps. Carnell, McAbee, Boan, H. Brown and J. Harris: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; AND TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE. Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. (A) Sub-subitem (b), subitem 2 (Adjutant General), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"2. Adjutant General
(B) Subitem 2 (Adjutant General), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding:
(j) Armory Construction/Renovations. . . . .577,200
The Adjutant General's Office must request the use of the Armory Construction\Renovations funds for specific projects."
SECTION 2. (A) Sub-subitem (c), subitem 21 (Department of Corrections), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"21. Department of Corrections
(c) 10 2 96-Bed Additions. . . . .6,464,933 1,486,000
(B) Subitem 21 (Department of Corrections), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding:
(g) Construction/Renovation. . . . .3,978,933
The Department of Corrections must request the use of the funds identified in sub-subitem (g) for the Lancaster Institution, a Rehabilitation Unit for the Mentally Retarded or General Renovations or all of these projects. The Department must request the specific use of the funds for any of those projects from the Joint Bond Review Committee and the Budget and Control Board. The Lancaster Institution has priority over the use of the funds. If all of the funds in sub-subitem (g) are not used for the Lancaster Institution, then the Department shall request the specific use of the funds for either the Rehabilitation Unit for Mentally Retarded or General Renovations or both projects.
The Department of Corrections and the State Budget and Control Board are directed to proceed with the construction of the Lancaster Institution. The project costs are anticipated to require an increase of approximately $5,000,000. It is the intent of the General Assembly to provide the additional funds required to complete the institution in legislation authorizing the issuance of additional capital improvement bonds or other funding mechanisms. It is the intent of the General Assembly to provide funds for the Rehabilitation Unit for the Mentally Retarded or General Renovations, if necessary.
(C) Item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended by adding a new subitem 32:
32. Department of Probation, Parole and Pardon Services
2 Community Control Centers. . . . .2,400,000 Total, Department of Probation,
Parole and Pardon Services. . . . .2,400,000"
"22. Department of Juvenile Justice
(i) Fire and Life Safety Renovations. . . . .3,300,000
(j) Regional Reception and Evaluation Centers. . . . .6,660,961
The disbursement of funds and the location for the regional reception and evaluation centers authorized in this subitem must be consistent with the terms of the settlement agreement in the case of ALEXANDERS S. VS. McLAWHORN."
SECTION 4. Subitem 16, (Archives and History), item (f), Section 3 of Act 1377 of 1968, as added by Section 1 of Act 522 of 1992, is amended to read:
"16. Department of Archives and History
Wardlaw School Acquisition
New Facility. . . . .2,500,000 1,100,000 _________ Total, Department of Archives and History. . . . .2,500,000 1,100,000
Of the funds authorized above for the new facility, the Department of Archives and History may only proceed with the expenditure of funds for architectural and engineering related work (A&E) for the proposed facility. The expenditure of funds for these purposes cannot exceed $1,100,000. All other project phases and related costs, including construction, may not proceed until all remaining project funds are authorized and can be made available."
SECTION 5. Section 3 of Act 1377 of 1968, as last amended by Section 77, Part II, Act 164 of 1993, is further amended by adding:
"1. Department of Education
Purchase of new school buses. . . . .104,450,000
Total, Department of Education. . . . .104,450,000
2. School for the Deaf and Blind
Student Transportation Vehicles. . . . .500,000
Total, School for the Deaf and Blind. . . . .500,000
3. Wil Lou Gray Opportunity School
Student Transportation Vehicles. . . . .50,000
Total, Wil Lou Gray Opportunity School. . . . .50,000
Total, All Agencies. . . . .$105,000,000" ____________
SECTION 6. Section 4 of Act 1377 of 1968, as last amended by Act 523 of 1992, is further amended to read:
"Section 4. The aggregate principal indebtedness on account of bonds issued pursuant to this act may not exceed $1,790,539,125.10 1,895,539,125.10. The limitation imposed by the provisions of this
SECTION 7. This act takes effect upon approval by the Governor./
Amend title to read: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE ADJUTANT GENERAL AND THE DEPARTMENT OF CORRECTIONS; TO SPECIFY THE USE OF CERTAIN FUNDS AUTHORIZED FOR THE DEPARTMENT OF CORRECTIONS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY TO PROVIDE FUNDS IN THE FUTURE FOR THE DEPARTMENT OF CORRECTIONS; TO TRANSFER FUNDS FROM THE DEPARTMENT OF CORRECTIONS TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON; TO DELETE A PROVISO CONCERNING FUNDS AUTHORIZED FOR THE DEPARTMENT OF JUVENILE JUSTICE; TO REVISE EXISTING BOND AUTHORIZATIONS FOR THE DEPARTMENT OF ARCHIVES AND HISTORY, PROVIDE THAT THE DEPARTMENT MAY ONLY PROCEED WITH THE EXPENDITURE OF FUNDS FOR ARCHITECTURAL AND ENGINEERING RELATED WORK FOR THE PROPOSED FACILITY; TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS FOR THE DEPARTMENT OF EDUCATION, SCHOOL FOR THE DEAF AND BLIND, AND THE WIL LOU GRAY OPPORTUNITY SCHOOL; AND AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT.
/s/John Drummond /s/William D. Boan /s/J. Verne Smith /s/Harry M. Hallman, Jr. /s/Phil P. Leventis /s/Gilda Cobb-Hunter
On Part of the Senate.On Part of the House.
Rep. BOAN moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4821 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1993-94.
The yeas and nays, were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Anderson Askins Bailey, G. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Byrd Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cromer Delleney Farr Felder Fulmer Gamble Gonzales Govan Graham Hallman Harris, J. Harris, P. Harvin Hines Hodges Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Law Marchbanks Martin Mattos McAbee McCraw McElveen McKay McLeod Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, R. Snow
Spearman Stille Stoddard Stone Stuart Sturkie Thomas Trotter Tucker Vaughn Waites Waldrop Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Wofford Worley Wright
Those who voted in the negative are:
Cooper Davenport Fair Haskins Littlejohn Walker Young, A. Young, R.
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. BOAN, COBB-HUNTER and HALLMAN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
Rep. CLYBORNE moved that the House recede until 5:45 P.M., which was adopted by a division vote of 80 to 23.
At 5:45 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
Rep. BOAN moved that the Committee of Conference on the following Joint Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4822 -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM FISCAL YEAR 1993-94 SURPLUS REVENUES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Askins Bailey, G. Bailey, J. Baker Barber Baxley Boan Breeland Brown, H. Byrd Canty Chamblee Clyborne Cobb-Hunter Cromer Delleney Farr Felder Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Hines Holt Houck Huff Hutson Inabinett Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Marchbanks Mattos McAbee McCraw Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Rogers Rudnick Scott Sharpe Sheheen Shissias Smith, R. Snow Spearman Stille Stoddard Stone Sturkie Thomas Trotter Tucker Waites Waldrop Whipper White Wilder, D.
Wilkes Wilkins Witherspoon Worley
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