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 1060, Feb. 27 | Printed Page 1080, Feb. 28 |

Printed Page 1070 . . . . . Wednesday, February 28, 1996

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

DOCTOR OF THE DAY

Announcement was made that Dr. Susan Baker of Charleston is the Doctor of the Day for the General Assembly.

SPECIAL PRESENTATION

Reps. CAVE and RHOAD on behalf of the Barnwell Delegation, presented to the House the Blackville-Hilda Hawks football team, winners of the 1995 State Class A Championship, their coaches and other school officials.

HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. H. BROWN moved that when the House adjourns it adjourn to meet at 9:30 A.M. tomorrow, which was agreed to.

H. 4600--AMENDED AND INTERRUPTED DEBATE

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

H. 4600

GENERAL APPROPRIATION BILL

PART IA

SECTION 18N--ADOPTED

Debate was resumed on Section 18N.

Reps. ROGERS and HODGES proposed the following Amendment No. 143 (Doc Name P:\amend\bs.67), which was tabled.

Amend the bill, as and if amended, Part IA, Section 18N, Technical & Comprehensive Education, page 161, after line 31, opposite /Special Item-Job Retraining Fund/ by increasing the amount(s) in Column 5 and Column 6 by:

. . . . .COLUMN 5. . . . .COLUMN 6

/. . . . .1,500,000. . . . .1,500,000

. . . . .( ). . . . .( )/

Renumber sections and amend totals/title to conform.

Rep. ROGERS explained the amendment.

Rep. HODGES spoke in favor of the amendment.


Printed Page 1071 . . . . . Wednesday, February 28, 1996

Rep. KOON spoke against the amendment.

Rep. FULMER moved to table the amendment.

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

Yeas 63; Nays 33

Those who voted in the affirmative are:

Allison              Bailey               Brown, H.
Cain                 Carnell              Cato
Chamblee             Cooper               Cotty
Dantzler             Delleney             Easterday
Fleming              Fulmer               Gamble
Hallman              Harrell              Harris, P.
Haskins              Herdklotz            Keegan
Kelley               Keyserling           Kirsh
Klauber              Knotts               Koon
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Mason
McAbee               McKay                Meacham
Rice                 Richardson           Riser
Robinson             Sandifer             Seithel
Sharpe               Shissias             Simrill
Smith, D.            Smith, R.            Spearman
Stuart               Tripp                Trotter
Vaughn               Waldrop              Walker
Wells                Whatley              Wilkes
Wilkins              Witherspoon          Wofford
Worley               Young                Young-Brickell

Total--63

Those who voted in the negative are:

Anderson             Askins               Breeland
Brown, G.            Brown, T.            Clyburn
Cobb-Hunter          Harris, J.           Hines, J.
Hines, M.            Hodges               Howard
Inabinett            Jennings             Kennedy
Lee                  Lloyd                McCraw
McMahand             Neal                 Neilson
Phillips             Rogers               Scott

Printed Page 1072 . . . . . Wednesday, February 28, 1996

Sheheen              Stoddard             Townsend
Tucker               Whipper, L.          Whipper, S.
White                Wilder               Williams

Total--33

So, the amendment was tabled.

Section 18N was adopted.

PART IB

SECTION 3--AMENDED AND ADOPTED

Debate was resumed on Section 3.

Reps. GAMBLE, CROMER, HARRISON, FLEMING, WORLEY, RHOAD, KOON, NEILSON, SPEARMAN, STUART, PHILLIPS, SHISSIAS, WRIGHT, DELLENEY, J. HARRIS, McCRAW, RICHARDSON, WITHERSPOON, KNOTTS, L. WHIPPER and KELLEY proposed the following Amendment No. 110 (Doc Name P:\amend\PT\2283SD.96), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 3, by adding at the end of Paragraph 3.29, which begins on Line 23 of Page 397, the following:

/The amount herein appropriated for additional support personnel to assist House members shall be allocated to each member on a pro-rata basis. Each member may choose to expend his allocation for an individual legislative aide or may choose to combine his allocation with allocations of other House members for a legislative aide to assist each of the members contributing to the expense of that aide./

Renumber sections & amend totals/title to conform.

Rep. GAMBLE explained the amendment.

Rep. VAUGHN spoke against the amendment.

Reps. CROMER and KIRSH spoke in favor of the amendment.

Rep. VAUGHN spoke upon the amendment.

The amendment was then adopted.


Printed Page 1073 . . . . . Wednesday, February 28, 1996

Reps. ROGERS and FELDER proposed the following Amendment No. 71 (Doc Name P:\amend\ta.5), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 399, Paragraph 45, line 16, by striking:

/(LEG: (Legislative Oversight of Medicaid Waiver) There is created the Legislative Medicaid Waiver Task Force consisting of the following voting members: the Governor or his designee, up to three members of the Senate Finance appointed by the Chairman of Senate Finance, up to three members of Ways and Means appointed by the Chairman of Ways and Means and up to three members appointed by the Chairman of the Joint Committee on Health Care Planning and Oversight. This Task Force shall (1) oversee planning and implementation of the medicaid waiver which was applied for on March 3, 1994; and (2) review the budgets of all state agencies which might be affected by the conversion to managed care and the expansion of medicaid coverage to potentially over 200,000 additional South Carolinians. In addition to the Governor and the legislative members, the Chairmen of Senate Finance, Ways and Means and Health Care Planning and Oversight may jointly appoint up to six representatives of public and private interests, one of whom must be a consumer, who are significantly affected by the waiver. Such representatives will serve as non-voting members of the Task Force. The legislative members of the Task Force shall elect one member to serve as chairman and one member to serve as vice chairman. The Task Force shall periodically report to all members of the General Assembly concerning the progress of the waiver. The Speaker of the House, President Pro Tempore of the Senate and Chairman of the Health Care Planning and Oversight Committee shall jointly designate staff from the House and Senate to provide necessary administrative, legal and research services for the Task Force, and to the extent practical, use the personnel of appropriate state agencies and commissions with such administrative and legal resources./

Renumber sections & amend totals/title to conform.

Rep. ROGERS explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 6--TABLED

Debate was resumed on Amendment No. 6, which was proposed on Monday, February 26, by Rep. MARCHBANKS.

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


Printed Page 1074 . . . . . Wednesday, February 28, 1996

Reps. MARCHBANKS and CARNELL proposed the following Amendment No. 6A (Doc Name P:\amend\dc.35), which was adopted.

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. The Capital Projects Oversight Committee shall consist of four members of the Ways and Means Committee, one of whom shall be the Ways and Means Committee Chairman and three other members who shall be appointed by the Chairman and four members of the Senate Finance Committee, one of whom shall be the Senate Finance Committee Chairman and three other members who shall be appointed by the Chairman. The duties of the former Joint Bond Review Committee shall be devolved upon the Capital Projects Oversight Committee/

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted by a division vote of 66 to 27.

Rep. KIRSH proposed the following Amendment No. 151 (Doc Name P:\amend\ff.29), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 398, Paragraph 40, lines 27 through 34, by striking:

/proviso (LEG: Selected Agencies Base Budget Study) in its entirety/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. ROBINSON, WILKINS, HARRISON, MARCHBANKS, TROTTER, HASKINS, QUINN and D. SMITH proposed the following Amendment No. 114 (Doc Name P:\amend\GJK\22410DW.96), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 3, Legislative Department, page 400, after line 7, by adding an appropriately numbered item.

/ . No member of the General Assembly who has been convicted of a felony under state or federal law or who has pled guilty or nolo contendere to these offenses may receive compensation or reimbursable expenses provided for members of the General Assembly in this act.


Printed Page 1075 . . . . . Wednesday, February 28, 1996

However, this item does not apply to a person who has been pardoned under state or federal law of the disqualifying felony./

Renumber sections & amend totals/title to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 114 was out of order as it was not germane.

The SPEAKER stated that it was in Part IB and he overruled the Point of Order.

The amendment was then adopted.

Section 3 as amended was adopted.

SECTION 6DD--ADOPTED

Debate was resumed on Section 6DD.

Section 6DD was adopted.

SECTION 11--AMENDED AND ADOPTED

Debate was resumed on Section 11.

Reps. TUCKER and QUINN proposed the following Amendment No. 92 (Doc Name P:\amend\jl.60), which was adopted.

Amend the bill, as and if amended, Part IB, Section 11, Attorney General, page 407, Paragraph 12, line 29 by striking /under the age of 17/ and inserting /non-violent/ before the word /criminal:/

Amend the bill further, as and if amended, Part IB, Section 11, Attorney General, page 407, Paragraph 12, by striking line 34 beginning with /When a juvenile/ through line 40 ending with /suspended sentence/

Renumber sections & amend totals/title to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

Reps. TUCKER and QUINN proposed the following Amendment No. 123 (Doc Name P:\amend\JIC\5327SD.96), which was adopted.

Amend the bill, as and if amended, Part IB, SECTION 11, Paragraph 12, by striking /The Attorney General's Office and the/, as contained on line 40 of page 407 and inserting /The/.


Printed Page 1076 . . . . . Wednesday, February 28, 1996

Amend title, totals, and sections to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

Rep. TUCKER proposed the following Amendment No. 148 (Doc Name P:\amend\jl.65), which was adopted.

Amend the bill, as and if amended, Part IB, Section 11, Attorney General's Office, page 407, Paragraph 12, lines 26 and 27, by striking:

/and as an optional alternative sentence for Family Court Judges/

Renumber sections & amend totals/title to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

Section 11 as amended was adopted.

SECTION 14--ADOPTED

Debate was resumed on Section 14.

Section 14 was adopted.

SECTION 17C--AMENDED AND ADOPTED

Debate was resumed on Section 17C.

Rep. SHEHEEN proposed the following Amendment No. 58 (Doc Name P:\amend\dc.7), which was rejected.

Amend the bill, as and if amended, Part IB, Section 17C, B&C BD-Budget & Analyses, Page 419, Paragraph 19, Line 30 by striking paragraph in its entirety and inserting the following:

/17C.19 (Employee Pay) The amounts appropriated to the Budget and control Board for employee Pay increase must be allocated by the Board to the various state agencies to provide for employees pay increases in accordance with the following plan:

1. With respect to both classified and unclassified employees not elsewhere covered in the Act:

A. Effective on the first pay date that occurs on or after January 1 of the current fiscal year, employees whose annualized salary is equal to or less than $50,000 shall receive an annual average 4% increase.

B. Effective on the first pay date that occurs on or after January 1 of the current fiscal year, employees whose annualized salary is more than $50,000 shall receive an annualized increase of $2,000.


Printed Page 1077 . . . . . Wednesday, February 28, 1996

2. With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads. Agency head increase shall be effective on the first pay date that occurs on or after January 1 of the current fiscal year. No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range.

3. Effective on the first pay date that occurs on or after January 1 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 4%, not to exceed an annualized increase of $2,000.

4. With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 4% increase, effective on the first pay period of or after January 1 of the current fiscal year.

5. Effective on the first pay date that occurs on or after January 1 of the current fiscal year, the Chief Justice and other judicial officers shall receive a base pay increase of $2,000./

Renumber Sections & Amend totals/title to conform.

Rep. SHEHEEN explained the amendment.

Rep. H. BROWN spoke against the amendment.

Rep. SHEHEEN spoke in favor of the amendment.

Rep. HASKINS spoke against the amendment.

Rep. H. BROWN moved to table the amendment.

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

Yeas 56; Nays 56

Those who voted in the affirmative are:

Allison              Askins               Brown, H.
Cain                 Cato                 Chamblee
Cooper               Cotty                Dantzler
Easterday            Felder               Fulmer
Hallman              Harrell              Haskins
Herdklotz            Jaskwhich            Keegan
Kelley               Klauber              Koon
Lanford              Law                  Limbaugh
Limehouse            Littlejohn           Loftis

Printed Page 1078 . . . . . Wednesday, February 28, 1996

Marchbanks           Mason                McKay
Meacham              Rice                 Richardson
Riser                Robinson             Sandifer
Seithel              Sharpe               Simrill
Smith, D.            Smith, R.            Spearman
Stuart               Tripp                Trotter
Vaughn               Walker               Wells
Whatley              Wilkins              Witherspoon
Wofford              Worley               Wright
Young                Young-Brickell

Total--56

Those who voted in the negative are:

Anderson             Bailey               Breeland
Brown, G.            Brown, J.            Brown, T.
Byrd                 Carnell              Cave
Clyburn              Cobb-Hunter          Cromer
Delleney             Elliott              Harris, J.
Harris, P.           Harrison             Harvin
Hines, J.            Hines, M.            Hodges
Howard               Inabinett            Jennings
Kennedy              Keyserling           Kinon
Kirsh                Knotts               Lee
Lloyd                McAbee               McCraw
McElveen             McMahand             McTeer
Moody-Lawrence       Neal                 Neilson
Phillips             Quinn                Rhoad
Rogers               Scott                Sheheen
Shissias             Stille               Stoddard
Townsend             Tucker               Waldrop
Whipper, L.          Whipper, S.          White
Wilder               Wilkes               

Total--56

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.


Printed Page 1079 . . . . . Wednesday, February 28, 1996

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

Yeas 55; Nays 58

Those who voted in the affirmative are:

Anderson             Breeland             Brown, J.
Brown, T.            Byrd                 Carnell
Cave                 Clyburn              Cobb-Hunter
Cromer               Delleney             Elliott
Felder               Govan                Harris, J.
Harris, P.           Harvin               Hines, J.
Hines, M.            Hodges               Howard
Inabinett            Jennings             Kennedy
Keyserling           Kinon                Kirsh
Lee                  Lloyd                Martin
McAbee               McCraw               McElveen
McMahand             McTeer               Moody-Lawrence
Neal                 Neilson              Phillips
Rhoad                Rogers               Scott
Sheheen              Shissias             Stille
Stoddard             Townsend             Tucker
Waldrop              Whipper, L.          Whipper, S.
White                Wilder               Wilkes
Williams

Total--55

Those who voted in the negative are:

Allison              Askins               Brown, H.
Cain                 Cato                 Chamblee
Cooper               Cotty                Dantzler
Easterday            Fleming              Fulmer
Hallman              Harrell              Harrison
Haskins              Herdklotz            Jaskwhich
Keegan               Kelley               Klauber
Koon                 Lanford              Law
Limbaugh             Limehouse            Littlejohn
Loftis               Marchbanks           Mason
McKay                Meacham              Quinn
Rice                 Richardson           Riser
Robinson             Sandifer             Seithel

Printed Page 1080 . . . . . Wednesday, February 28, 1996

Sharpe               Simrill              Smith, D.
Smith, R.            Spearman             Stuart
Tripp                Trotter              Vaughn
Walker               Wells                Whatley
Wilkins              Witherspoon          Wofford
Worley               Wright               Young
Young-Brickell       

Total--58

So, the amendment was rejected.


| Printed Page 1060, Feb. 27 | Printed Page 1080, Feb. 28 |

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