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 1240, Feb. 29 | Printed Page 1260, Feb. 29 |

Printed Page 1250 . . . . . Thursday, February 29, 1996

Amend the bill, as and if amended, Part IB, Section 43, Department of Juvenile Justice, page 469, line 30, by adding an appropriately numbered paragraph to read:

/The Department is authorized to pay the Juvenile Justice Parole Board member up to $200 per day for services rendered to the agency in the performance of their official duties. The total amount of agency funds which can be utilized in this manner cannot exceed $48,000 per year/

Renumber sections & amend totals/title to conform.

Section 43 as amended was adopted.

SECTION 63--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 63 was adopted was taken up and agreed to.

Rep. H. BROWN proposed the following Amendment No. 167 (Doc Name P:\amend\dc.90), which was adopted.

Amend the bill, as and if amended, Part IB, Section 63, Department of Revenue, page 478, line 19, Paragraph 4, by deleting the paragraph in its entirety and inserting a new paragraph to read / (DOR: Bingo and Video Poker Revenue) As to revenue derived from the provisions of Chapter 12, Title 21, which is collected from bingo, the Department of Revenue and Taxation may withhold from the General Fund portion of this revenue, the actual costs of Bingo audit activity and of criminal record checks pursuant to the evaluation of applications for bingo licenses. As to revenue derived in accordance with S. C. Code Ann. Section 12-21-2720 (3), the Department of Revenue may withhold the actual costs, not to exceed $250,000 per fiscal year, of video game machine audit activity by agents of the Department of Revenue. Any winnings resulting from these activities must be deposited to the General Fund. The Department, annually, shall make a report to the Governor and General Assembly outlining the collection activities as a result of this proviso. This proviso will expire June 30, 1999/

Renumber sections & amend totals/title to conform.

Section 63 as amended was adopted.


Printed Page 1251 . . . . . Thursday, February 29, 1996

PART II

SECTION 33--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 33 was adopted was taken up and agreed to.

Rep. H. BROWN proposed the following Amendment No. 242 (Doc Name P:\amend\pfm\8068HTC.96), which was adopted.

Amend the bill, as and if amended, Part II, SECTION 33, page 540, line 25, by striking /Comptroller General/ and inserting /Department of Revenue and Taxation/

Renumber sections & amend totals/title to conform.

Section 33 as amended was adopted.

Rep. KIRSH proposed the following Amendment No. 32 (Doc Name P:\amend\JIC\5314CM.96), which was ruled out of order.

Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

/SECTION

TO AMEND SECTION 12-21-3320, AS AMENDED, OF THE 1976 CODE, RELATING TO REGULATION OF BINGO GAMES AND DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "NONPROFIT ORGANIZATION".

Section 12-21-3320(5) of the 1976 Code, as added by Act 188 of 1989, is amended to read:

"(5) `Nonprofit organization' means an organization entity which is organized and operated exclusively for charitable, religious, or fraternal purposes which is exempt from federal income taxes pursuant to Internal Revenue Code Section 501(c)(3), 501(c)(4), 501(c)(8), or 501(c)(10), or 501(c)(19)."/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Amendment No. 32 was out of order as it was not germane.

Rep. KIRSH argued contra the Point.

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


Printed Page 1252 . . . . . Thursday, February 29, 1996

SECTION 21--MOTION TO RECONSIDER TABLED

Rep. STILLE moved to reconsider the vote whereby Section 21 was adopted.

Rep. HARRELL moved to table the motion to reconsider, which was agreed to.

SECTION 22--MOTION TO RECONSIDER TABLED

Rep. STILLE moved to reconsider the vote whereby Section 22 was adopted.

Rep. HARRELL moved to table the motion to reconsider, which was agreed to.

Reps. FULMER and ROBINSON proposed the following Amendment No. 259 (Doc Name P:\amend\PFM\8086JM.96), which was ruled out of order.

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

/SECTION __

TO REQUIRE CERTAIN STATE OFFICERS TO REVIEW THE PROPOSED SALE OR LEASE BETWEEN THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND COLUMBIA/HCA, AND TO PROVIDE FOR RELATED MATTERS.

The members of the State Budget and Control Board, the Joint Bond Review Committee or the Capital Projects Oversight Committee, the Commission on Higher Education, and the board of the Medical University of South Carolina, shall review the proposed sale or lease between the Medical University of South Carolina and Columbia/HCA and shall forward the proposed contracts for the sale or lease and their respective recommendations to the General Assembly which has thirty legislative days from the receipt of these recommendations to review the proposal. After the thirty legislative days and if recommended by the State Budget and Control Board, the Joint Bond Review Committee or the Capital Projects Oversight Committee, the Commission on Higher Education, and the board of the Medical University of South Carolina, the sale or lease of MUSC facilities to Columbia/HCA shall occur unless the General Assembly, by joint resolution, has disapproved the sale or lease, or both. For purposes of this paragraph, only those calendar days occurring during a regular session of the General Assembly, excluding local days and special sessions, are included in computing the thirty legislative days. All assets and liabilities of the Medical University of South Carolina and the Medical University of South Carolina Hospital and


Printed Page 1253 . . . . . Thursday, February 29, 1996

their respective budget items contained in Sections 18MA and 18MB of Part IA of this act must be considered during the review process./

Renumber sections & amend totals/title to conform.

Rep. FELDER explained the amendment.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Amendment No. 259 was out of order as the section had already been clinched.

Rep. FELDER argued contra the Point.

Rep. SHEHEEN stated that the amendment contradicted Rep. SEITHEL's earlier amendment.

The SPEAKER stated that the amendments dealt with the same subject matter but that it was a different approval process.

Rep. KLAUBER stated that the difference from his Point of Order raised on his amendment earlier was that his was on the same section.

The SPEAKER stated that the section had been clinched and he sustained the Point of Order and ruled the amendment out of order.

SECTION 19--MOTION TO RECONSIDER TABLED

Rep. ROBINSON moved to reconsider the vote whereby Section 19 was adopted.

Rep. HARRELL moved to table the motion to reconsider, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved to table all pending motions to reconsider, which was agreed to.

STATEMENT BY REP. H. BROWN

Rep. H. BROWN gave notice of offering amendments on third reading.

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


Printed Page 1254 . . . . . Thursday, February 29, 1996

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

Yeas 83; Nays 20

Those who voted in the affirmative are:

Askins               Breeland             Brown, H.
Brown, J.            Brown, T.            Byrd
Cain                 Cato                 Chamblee
Clyburn              Cotty                Cromer
Dantzler             Davenport            Delleney
Easterday            Fleming              Fulmer
Gamble               Hallman              Harrell
Harris, J.           Harrison             Haskins
Herdklotz            Hines, J.            Jennings
Keegan               Kelley               Keyserling
Kinon                Kirsh                Klauber
Knotts               Koon                 Lanford
Law                  Lee                  Limehouse
Littlejohn           Lloyd                Loftis
Marchbanks           Mason                McCraw
McKay                McMahand             McTeer
Meacham              Moody-Lawrence       Neilson
Phillips             Quinn                Rhoad
Rice                 Richardson           Riser
Robinson             Sandifer             Scott
Seithel              Sharpe               Shissias
Simrill              Smith, R.            Spearman
Stoddard             Stuart               Thomas
Townsend             Tripp                Trotter
Vaughn               Walker               Wells
Whatley              Wilder               Wilkins
Witherspoon          Wofford              Worley
Young                Young-Brickell

Total--83

Those who voted in the negative are:

Allison              Baxley               Brown, G.
Canty                Cave                 Cobb-Hunter
Govan                Harvin               Hodges
Howard               Hutson               Limbaugh

Printed Page 1255 . . . . . Thursday, February 29, 1996

Neal                 Rogers               Sheheen
Smith, D.            Stille               Whipper, S.
White                Wilkes               

Total--20

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

RECORD FOR VOTING

I voted in opposition to this year's budget bill because it contains provisions that are inconsistent with my views on home rule and the ability of our local governments to handle their own fiscal affairs.

Rep. C. ALEX HARVIN III

RECORD FOR VOTING

We voted against the Appropriations Bill because it failed to include funding for full-day kindergarten, failed to address the basic education needs of the State, failed to provide for a reasonable employee raise, and imposed unreasonable restrictions on the power of local governments. This bill failed to address the most important priorities facing our State.

Rep. JAMES H. HODGES

Rep. TIMOTHY C. WILKES

Rep. GRADY A. BROWN

RECORD FOR VOTING

While I support much of what is contained in the Appropriations Bill, I cannot justify the seemingly never ending trend of spending more and more of taxpayer money on state government.

Rep. L. HUNTER LIMBAUGH

RECORD FOR VOTING

I voted for H. 4600, notwithstanding my concern about the growth of state spending. H. 4600 represents spending on some very good programs. However, it is my desire that we move more toward some form of "zero-based" budgeting so that we can do a better job of spending tax dollars and, hopefully, return more money to the taxpayers.

Rep. ALFRED B. ROBINSON, JR.


Printed Page 1256 . . . . . Thursday, February 29, 1996

RECORD FOR VOTING

Once again I have chosen to vote against the budget as it requires spending more money than ever before. This seems inappropriate. We need to be cutting the size of government.

I support many of the concepts included in the budget, such as the caps on local government and the two-thirds voting requirement for all levels of government including the General Assembly.

Rep. DOUG SMITH

RECORD FOR VOTING

Had I been in the chambers, I would have voted for the 1996-97 budget, H. 4600. Due to health reasons, I had to leave before the final vote. If I could, I would like to be recorded in the Journal as being in favor of the budget.

Rep. DAVE C. WALDROP, JR.

RECORD FOR VOTING

I have a speaking engagement in Charleston at 7:30 P.M., so I had to leave the House Chambers at 5:15 P.M. I would have voted for second reading passage of the budget bill had I been present.

Rep. DAVID A. WRIGHT

H. 4600--GENERAL APPROPRIATION BILL

STATEMENTS FOR HOUSE JOURNAL

ABSTENTION FROM VOTING

BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 56, 57, 58, 65, 55, 42, 63, 5, 4A

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

Rep. J. MICHAEL BAXLEY

*********************************


Printed Page 1257 . . . . . Thursday, February 29, 1996

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 69

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. HARRY F. CATO

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 68B

The reason for abstaining on the above referenced legislation is:

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.

Rep. HARRY F. CATO

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Section Number(s) 11

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business


Printed Page 1258 . . . . . Thursday, February 29, 1996

with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. GILDA COBB-HUNTER

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 29

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. GILDA COBB-HUNTER

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 30

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. GILDA COBB-HUNTER

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 31

The reason for abstaining on the above referenced legislation is:


Printed Page 1259 . . . . . Thursday, February 29, 1996

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. GILDA COBB-HUNTER

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 35

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

Rep. GILDA COBB-HUNTER

*********************************

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 4a, 5, 39, 34, 55, 42, 56, 57, 11, 58, 65, 63, 62

The reason for abstaining on the above referenced legislation is:

A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).

A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.

A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual


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