Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 990, Feb. 26 | Printed Page 1010, Feb. 26 |

Printed Page 1000 . . . . . Monday, February 26, 1996

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

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

SECTION 6A--DEBATE ADJOURNED

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

SECTION 11--DEBATE ADJOURNED

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

SECTION 18A--DEBATE ADJOURNED

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

SECTION 18N--DEBATE ADJOURNED

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

SECTION 19--DEBATE ADJOURNED

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

SECTION 20--DEBATE ADJOURNED

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

SECTION 24--ADOPTED

Debate was resumed on Section 24.

Section 24 was adopted.


Printed Page 1001 . . . . . Monday, February 26, 1996

SECTION 34--DEBATE ADJOURNED

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

SECTION 47--DEBATE ADJOURNED

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

SECTION 50--DEBATE ADJOURNED

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

SECTION 65--DEBATE ADJOURNED

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

PART IB

SECTION 3--DEBATE ADJOURNED

Debate was resumed on Section 3.

Rep. MARCHBANKS proposed the following Amendment No. 6 (Doc Name P:\amend\dc.5).

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 400, after line 7, by adding an appropriately numbered paragraph to read:

/There is hereby established a Capital Projects Oversight Committee which consists of three members of the Ways and Means Committee appointed by the Ways and Means Committee chairman and three members of the Senate Finance Committee appointed by the Senate Finance Committee chairman. The duties of the Capital Projects Oversight Committee are as follows:
1. Approve all permanent improvement projects exceeding $250,000;
2. Approve all real property acquisitions, capital lease purchases, A&E expenditures, and aircraft purchases and aircraft lease-purchases;
3. Approve bond bill enactment process;
4. Approve Cash Draw Schedule process for bond bill projects;
5. Approve Annual Permanent Improvement Program;
6. Approve starting date for DOT projects that are funded through State Highway Bonds;
7. Reauthorizes bond authorization through enactment of legislation;


Printed Page 1002 . . . . . Monday, February 26, 1996

8. Approve Priority Schedules for Senior Citizens Center Project built with Bingo Tax Funds;
9. Approve all real property leases involving $1 M or more in a 5 year period;
10. Approve USC Housing Revenue Bonds;
11. Approve sale of surplus real property by local TEC commissions;
12. These duties may modified as deemed necessary by the committee or the General Assembly./

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment and Rep. McABEE moved to adjourn debate upon amendment, which was adopted.

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

SECTION 6DD--DEBATE ADJOURNED

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

SECTION 11--DEBATE ADJOURNED

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

SECTION 14--DEBATE ADJOURNED

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

SECTION 17C--AMENDED AND DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 31 (Doc Name P:\amend\ta.1), which was adopted.

Amend the bill, as and if amended, Part IB, Section 17C, Budget & Control Board, page 420, line 21, by adding an appropriately numbered paragraph to read:

/Effective on July 1 of the current fiscal year, the Appropriation Bill must show the prior year's base budget in the appropriation budget format./

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. H. BROWN spoke against the amendment.


Printed Page 1003 . . . . . Monday, February 26, 1996

Rep. KIRSH spoke in favor of the amendment.

The amendment was then adopted.

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

SECTION 18A--DEBATE ADJOURNED

Debate was resumed on Section 18A.

Reps. LITTLEJOHN and H. BROWN proposed the following Amendment No. 56 (Doc Name P:\amend\PFM\8012AC.96), which was tabled.

Amend the bill, as and if amended, Part IB, SECTION 18A (CHE), paragraph 22, page 427, line 3, after /order./, by inserting:

/However, notwithstanding a decision of the Fourth Circuit Court of Appeals, the Citadel must be reimbursed from the funds appropriated in Part IA, SECTION 18C, for funds expended through June 30, 1996, for the support of the Women's Leadership Program./

Amend further, Part IB, SECTION 18C (THE CITADEL), Page 428, line 16, after /./, by inserting:

/However, notwithstanding a decision of the Fourth Circuit Court of Appeals, the Citadel must be reimbursed from the funds appropriated in Part IA, SECTION 18C, for funds expended through June 30, 1996, for the support of the Women's Leadership Program./

Renumber sections & amend totals/title to conform.

Rep. LITTLEJOHN explained the amendment and moved to table the amendment, which was agreed to.

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

SPEAKER PRO TEMPORE IN CHAIR

SECTION 18C--ADOPTED

Debate was resumed on Section 18C.

Section 18C was adopted.

SECTION 18M--AMENDED AND ADOPTED

Debate was resumed on Section 18M.


Printed Page 1004 . . . . . Monday, February 26, 1996

Reps. SEITHEL, SHISSIAS, QUINN, WOFFORD and YOUNG-BRICKELL proposed the following Amendment No. 61 (Doc Name P:\amend\tmr.10), which was adopted.

Amend the bill, as and if amended, Part IB, Section 18M, MUSC, page 429, by adding an appropriately numbered paragraph to read:

/The members of the State Budget and Control Board and the Joint Bond Review Committee, after their respective reviews of the proposed sale or lease between the Medical University of South Carolina and Columbia/HCA, shall forward their recommendations to the General Assembly and the sale or lease of MUSC facilities to Columbia/HCA shall not occur unless the General Assembly by joint resolution approves the sale or lease of these assets/

Renumber sections & amend totals/title to conform.

Rep. SEITHEL explained the amendment.

The amendment was then adopted.

Section 18M as amended was adopted.

SPEAKER IN CHAIR

SECTION 18N--DEBATE ADJOURNED

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

SECTION 19--DEBATE ADJOURNED

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

SECTION 19A--DEBATE ADJOURNED

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

SECTION 34--DEBATE ADJOURNED

Debate was resumed on Section 34.

Reps. G. BROWN, COBB-HUNTER, SCOTT, ROGERS, GOVAN, CAIN, THOMAS, McCRAW, GAMBLE and WITHERSPOON proposed the following Amendment No. 47 (Doc Name P:\amend\dc.30), which was ruled out of order.


Printed Page 1005 . . . . . Monday, February 26, 1996

Amend the bill, as and if amended, Part IB, Section 34, Dept. of Public Safety, page 462, by adding an appropriately numbered paragraph to read:

/It is the intent of the General Assembly that the Division of Motor Vehicles in each county should have a local telephone number./

Renumber sections & amend totals/title to conform.

Rep. G. BROWN explained the amendment.

POINT OF ORDER

Rep. KLAUBER raised the Point of Order that Amendment No. 47 was out of order as it was not germane.

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

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

SECTION 41--AMENDED AND ADOPTED

Debate was resumed on Section 41.

Rep. KIRSH proposed the following Amendment No. 45 (Doc Name P:\amend\jl.21), which was adopted.

Amend the bill, as and if amended, Part IB, Section 41, Department of Corrections, page 468, Paragraph 15, lines 18-23, by striking:

/15. (CORR: Recreational Weight Room Equipment) All recreational weight room equipment within the South Carolina Department of Corrections shall be disbursed in the following order: to the Department of Corrections Training Facility, the Criminal Justice Academy and to the Department of Education for distribution to local school districts. The Department of Corrections is prohibited from purchasing recreational weight room equipment for inmate use and if any prison fails to remove the weights from inmates' use, then $10,000,000 of the State General Funds will be withheld from the Other Operating Expenses of the Department of Corrections./

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.


Printed Page 1006 . . . . . Monday, February 26, 1996

Rep. KIRSH proposed the following Amendment No. 43 (Doc Name P:\amend\jl.19), which was adopted.

Amend the bill, as and if amended, Part IB, Section 41, Department of Corrections, page 468, Paragraph 16, lines 24-26, by striking paragraph 16 in its entirety and inserting:

/16. (CORR: Recreational Scoreboards and Bleachers) The recreational scoreboards and bleachers determined to be surplus by the South Carolina Department of Corrections may be donated by the Department to any school district. The Department must notify all school districts of the availability of surplus scoreboards and bleachers and establish a date by which all requests for these items must be received by the Department. A drawing is to be held to award the items when more than one school district places a request for the items./

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. QUINN spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 6; Nays 66

Those who voted in the affirmative are:

Koon                 McMahand             Quinn
Rice                 Shissias             Smith, R.

Total--6

Those who voted in the negative are:

Allison              Askins               Bailey
Cain                 Cato                 Cobb-Hunter
Cotty                Delleney             Easterday
Fleming              Fulmer               Gamble
Hallman              Haskins              Hines, J.
Hines, M.            Hodges               Hutson
Inabinett            Jennings             Keegan
Kelley               Keyserling           Kinon
Kirsh                Klauber              Knotts
Lanford              Law                  Lee

Printed Page 1007 . . . . . Monday, February 26, 1996

Limbaugh             Limehouse            Lloyd
Loftis               Marchbanks           Mason
McCraw               McElveen             McKay
Meacham              Neilson              Phillips
Rhoad                Richardson           Riser
Robinson             Sandifer             Scott
Sheheen              Simrill              Spearman
Stille               Stoddard             Stuart
Thomas               Tripp                Trotter
Vaughn               Whatley              Wilder
Witherspoon          Wofford              Worley
Wright               Young                Young-Brickell

Total--66

So, the House refused to table the amendment.

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

Reps. COBB-HUNTER, KINON, McELVEEN, G. BROWN, LLOYD, CANTY, INABINETT, KIRSH, ROGERS, KEYSERLING, NEAL, SCOTT, BYRD, HODGES, L. WHIPPER and WHITE proposed the following Amendment No. 64 (Doc Name P:\amend\jl.55), which was tabled.

Amend the bill, as and if amended, Part IB, Section 41, Dept. of Corrections, page 468, by adding an appropriately numbered paragraph to read:

/Of the funds appropriated in Section 41, Department of Corrections, for correctional officer salaries, it is the intent of the General Assembly that the Department shall not use any of these funds for special pay increases for employees at designated institutions. The Department is authorized to provide for pay increases for correctional officers. However, any pay increase grant shall be across the board for all correctional officers at all of the Department's institutions and facilities/

Renumber sections & amend totals/title to conform.

Rep. COBB-HUNTER explained the amendment.

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


Printed Page 1008 . . . . . Monday, February 26, 1996

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

Yeas 55; Nays 42

Those who voted in the affirmative are:

Allison              Anderson             Askins
Brown, H.            Cain                 Cato
Cotty                Dantzler             Easterday
Fulmer               Gamble               Hallman
Harrell              Harrison             Haskins
Herdklotz            Jaskwhich            Keegan
Klauber              Knotts               Koon
Law                  Lee                  Limbaugh
Limehouse            Littlejohn           Loftis
Marchbanks           Mason                McKay
McMahand             Meacham              Quinn
Rhoad                Rice                 Riser
Robinson             Sandifer             Seithel
Sharpe               Shissias             Simrill
Smith, R.            Stoddard             Stuart
Tripp                Trotter              Vaughn
Wells                Whatley              Wilkins
Witherspoon          Wofford              Wright
Young-Brickell

Total--55

Those who voted in the negative are:

Bailey               Breeland             Brown, G.
Brown, J.            Byrd                 Canty
Clyburn              Cobb-Hunter          Cromer
Delleney             Govan                Hines, J.
Hines, M.            Hodges               Howard
Hutson               Inabinett            Jennings
Kelley               Keyserling           Kinon
Kirsh                Lanford              Lloyd
McCraw               McElveen             Neal
Neilson              Phillips             Richardson
Rogers               Scott                Sheheen
Spearman             Stille               Thomas

Printed Page 1009 . . . . . Monday, February 26, 1996

Tucker               Whipper, L.          White
Wilder               Worley               Young

Total--42

So, the amendment was tabled.

Section 41 as amended was adopted.

SECTION 50--DEBATE ADJOURNED

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

SECTION 55--ADOPTED

Debate was resumed on Section 55

Section 55 was adopted.

SECTION 65--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the Section, which was adopted.

SECTION 72--AMENDED AND DEBATE ADJOURNED

Debate was resumed on Section 72.

Reps. GAMBLE, CROMER, HALLMAN, McCRAW, SHISSIAS, DELLENEY, FULMER and PHILLIPS proposed the following Amendment No. 42 (Doc Name P:\amend\DKA\3551AC.96), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 72, page 497, by striking paragraph 72.45 and inserting:

/45. (GP: Publication List for General Assembly) With the exception of the Governor's Executive Budget and related documents and telephone directories, and notwithstanding any other requirement, mandate, or provision of this act to the contrary, no agency, department, or entity of state government shall provide the General Assembly with hard copies of a publication whether or not the publication, report, or other document is required to be furnished to the General Assembly by law, and a publication only may be provided to a member of the General Assembly if the member requests the publication. Nothing herein prevents the agency or department from transmitting such publications to the Office of Legislative Printing and Information Technology Resources (LPITR) by


| Printed Page 990, Feb. 26 | Printed Page 1010, Feb. 26 |

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