South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

TUESDAY, FEBRUARY 27, 1996

Tuesday, February 27, 1996
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 9:30 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Father God, in these days of budget deliberations, we need Your wisdom and Your help for we are men and women of different interests and temperaments - in the midst of so much pressure from so many people all around. Forbid that we should be quick to criticize, make us slow to speak in condemning others, keep us thankful for the devotion and dedication of our colleagues. And may our services be generous, gentle and good enough, above all else, to be pleasing to our Heavenly Father.

Enable us each day to say with the Psalmist: "For the Lord is good, His mercy is everlasting, and His truth endures to all generations." (Psalm 100:5) Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. J. YOUNG moved that when the House adjourns, it adjourn in memory of Charles B. Kubala of Sumter, which was agreed to.

SILENT PRAYER

On motion of Rep. J. YOUNG, the House stood in silent prayer in memory of Charles B. Kubala, Sergeant of the Sumter County Sheriffs office.

H. 4667--RECONSIDERED AND REFERRED TO
INVITATIONS COMMITTEE

Rep. KLAUBER moved to reconsider the vote whereby the following House Resolution was adopted, which was agreed to.

H. 4667 -- Rep. Wilkins: A HOUSE RESOLUTION TO GRANT SPECIAL LEAVE OF THE HOUSE OF REPRESENTATIVES TO ADMIT ASSISTANTS TO THE MAJORITY AND MINORITY LEADERS AND THE STAFF DIRECTOR OF THE LEGISLATIVE BLACK CAUCUS TO THE FLOOR OF THE HOUSE DURING THE 1996 REGULAR SESSION OF THE GENERAL ASSEMBLY AND DURING ANY SPECIAL SESSION WHICH MAY BE CALLED IN 1996.

Rep. KLAUBER moved to refer the Resolution to the Invitations Committee, which was agreed to.

CONCURRENT RESOLUTION

The following was introduced:

H. 4680 -- Reps. Marchbanks, Rice, Robinson, Trotter, Cain, Chamblee and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. TULA LOUISE ODOM EDWARDS, WIFE OF ROBERT COOK EDWARDS, FORMER PRESIDENT OF CLEMSON UNIVERSITY, ON THE OCCASION OF THE CELEBRATION OF HER EIGHTIETH BIRTHDAY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR HER SERVICE TO THE STATE AND TO CLEMSON UNIVERSITY.

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

INTRODUCTION OF BILLS

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

H. 4681 -- Rep. Koon: A BILL TO AMEND SECTION 33-37-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THE PROVISION THAT SUCH CORPORATIONS AND ITS SECURITIES ARE EXEMPT FROM TAXATION, SO AS TO PROVIDE THAT THE CORPORATION IS NOT SUBJECT TO ANY CORPORATION LICENSE TAX OR FEE IMPOSED BY CHAPTER 20 OF TITLE 12; TO AMEND SECTION 33-37-250, AS AMENDED, RELATING TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS AND THEIR POWERS, SO AS TO PERMIT THE BORROWING OF MONEY FROM "SUCH OTHER LENDING SOURCES WHICH ARE APPROVED BY THE BOARD OF DIRECTORS OF THE CORPORATION"; AND TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LOANS TO SOUTH CAROLINA BUSINESS DEVELOPMENT CORPORATIONS BY MEMBERS, SO AS TO DELETE THE PROVISION THAT SUCH LOANS MUST BEAR INTEREST AT A CERTAIN RATE.

Referred to Committee on Ways and Means.

H. 4682 -- Reps. Quinn, Wright, Haskins, Riser and Tripp: A BILL TO AMEND SECTION 44-93-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES ON COMMERCIAL TREATMENT OF INFECTIOUS WASTE, SO AS TO REDUCE THE FEE FROM THIRTY DOLLARS TO EIGHT DOLLARS A TON; TO AMEND SECTION 44-93-170, AS AMENDED, RELATING TO THE INFECTIOUS WASTE CONTINGENCY FUND, SO AS TO PROVIDE THAT NO ADDITIONAL FEES MAY BE CREDITED TO THE FUND BUT THAT EXISTING FEES MUST BE RETAINED FOR THE PURPOSES OF THE FUND AND TO DELETE PROVISIONS REQUIRING REVENUE IN THE FUND IN EXCESS OF FIVE MILLION DOLLARS TO BE CREDITED TO THE HAZARDOUS WASTE CONTINGENCY FUND; TO AMEND SECTION 44-93-210, RELATING TO THE AMOUNT OF INFECTIOUS WASTE THAT MAY BE BURNED BY A FACILITY, SO AS TO PROHIBIT A FACILITY FROM BURNING MORE THAN THREE THOUSAND TONS DURING A MONTH; TO REPEAL SECTION 44-93-180, RELATING TO LOCATING INSPECTORS AT COMMERCIAL INFECTIOUS WASTE TREATMENT FACILITIES AND ESTABLISHING A FEE SCHEDULE TO PAY FOR THE INSPECTORS; AND TO REPEAL SECTION 44-93-200, RELATING TO THE EXEMPTION FROM FEES FOR GENERATORS TREATING THEIR OWN INFECTIOUS WASTE.

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

H. 4683 -- Reps. Kelley, Keegan, Tripp, Mason, Rice, Littlejohn, Sandifer, Limehouse, Haskins, Whatley, Cooper, Askins, Meacham, J. Young, Chamblee, Stille, Wright, Gamble, Shissias, Young-Brickell, Riser, J. Harris, Witherspoon, Koon and Wells: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-13-890 SO AS TO MAKE IT UNLAWFUL TO CONSUME OR POSSESS BEER, WINE, OR ALCOHOLIC LIQUOR IN AN ESTABLISHMENT PROVIDING ENTERTAINMENT AND TO WHICH ENTRY IS OBTAINED BY PAYING AN ADMISSION CHARGE UNLESS THE ESTABLISHMENT IS PERMITTED OR LICENSED FOR THE ON-PREMISES CONSUMPTION OF THESE BEVERAGES, TO MAKE IT UNLAWFUL FOR ANY PERSON CHARGED WITH THE MANAGEMENT OF SUCH AN ESTABLISHMENT TO ALLOW THESE BEVERAGES TO BE BROUGHT ONTO THE PREMISES OF AN UNPERMITTED OR UNLICENSED ESTABLISHMENT, AND TO PROVIDE A PENALTY FOR VIOLATIONS.

Referred to Committee on Judiciary.

H. 4684 -- Reps. Felder and Cain: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-85 SO AS TO PROHIBIT LOCALLY IMPOSED REAL PROPERTY TRANSFER FEES EXCEPT WHERE SPECIFICALLY AUTHORIZED BY GENERAL LAW AND PROVIDE PHASE-OUT PROCEDURES.

Referred to Committee on Judiciary.

H. 4685 -- Rep. Sharpe: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO CHANGE "A CONTRACTUAL OBLIGATION FOR LEGAL SERVICES" TO "A CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES".

Referred to Committee on Labor, Commerce and Industry.

H. 4686 -- Rep. Hodges: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING AND FINANCIAL INSTITUTIONS BY ADDING CHAPTER 26 SO AS TO ENACT THE "SOUTH CAROLINA CREDIT UNION ACT OF 1996", WHICH PROVIDES FOR THE ORGANIZATION, OPERATION, AND SUPERVISION OF COOPERATIVE NONPROFIT THRIFT AND CREDIT ASSOCIATIONS KNOWN AS CREDIT UNIONS, AND TO PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS; AND TO REPEAL CHAPTER 27 OF TITLE 34 RELATING TO COOPERATIVE CREDIT UNIONS.

Referred to Committee on Labor, Commerce and Industry.

ROLL CALL

The roll call of the House of Representatives was taken resulting as follows.

Allison                Anderson               Askins
Breeland               Brown, H.              Brown, J.
Cain                   Cato                   Chamblee
Clyburn                Cooper                 Cromer
Dantzler               Delleney               Easterday
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harris, J.
Harrison               Haskins                Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Inabinett
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Lee                    Limbaugh
Littlejohn             Lloyd                  Loftis
Marchbanks             Mason                  McAbee
McCraw                 McElveen               McKay
McMahand               Meacham                Moody-Lawrence
Neal                   Neilson                Phillips
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Rogers                 Sandifer               Scott
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Spearman
Stille                 Stoddard               Stuart
Thomas                 Townsend               Tripp
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Whipper, L.            White
Wilder                 Wilkes                 Wilkins
Williams               Witherspoon            Wofford
Worley                 Wright                 Young
Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, February 27.

Gilda Cobb-Hunter                 June S. Shissias
Grady A. Brown                    Douglas E. McTeer, Jr.
Michael F. Jaskwhich              William F. Cotty
Wilbur L. Cave                    John G. Felder
Alma W. Byrd                      H.B. Limehouse III
George H. Bailey                  William D. Keyserling
Marion P. Carnell                 Larry L. Elliott
Jackson S. Whipper                Patrick B. Harris
Ralph W. Canty                    Theodore A. Brown
G. Ralph Davenport, Jr.           L. Morgan Martin
C. Alex Harvin III                Jerry N. Govan, Jr.
Douglas Jennings, Jr.             William D. Boan
Robert J. Sheheen
Total Present--122

LEAVES OF ABSENCE

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

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

DOCTOR OF THE DAY

Announcement was made that Dr. Woodrow Long of Greenville is the Doctor of the Day for the General Assembly.

RETURNED TO THE SENATE WITH AMENDMENT

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.

S. 597 -- Senator Greg Smith: A BILL TO AMEND SECTION 50-18-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HYBRID STRIPED BASS, SO AS TO CHANGE THE DEFINITION OF PROCESSOR.

S. 296 -- Senator Hayes: A BILL TO AMEND SECTION 27-18-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEMAND, SAVINGS, OR TIME DEPOSITS WITH BANKING OR FINANCIAL INSTITUTIONS BEING DEEMED ABANDONED UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO PROVIDE THAT IF THE OWNER OF THE DEPOSIT REPORTED THE INTEREST THEREON AS INCOME ON HIS STATE OF SOUTH CAROLINA INCOME TAX RETURN FOR ANY YEAR OF THE APPLICABLE FIVE-YEAR PERIOD, THE FIVE-YEAR PERIOD IS TOLLED AS OF DECEMBER THIRTY-FIRST OF THAT YEAR, AND TO PROVIDE A PROCEDURE FOR THE BANKING OR FINANCIAL INSTITUTION AND THE DEPARTMENT OF REVENUE AND TAXATION TO CONFIRM WHETHER OR NOT THE INTEREST INCOME HAS BEEN REPORTED.

S. 1014 -- Senators McConnell, Passailaigue, Courson, Rose and Richter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED THEREIN REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.

H. 4544 -- Reps. Cotty, Mason, T. Brown, Inabinett, Richardson, Rogers, Seithel, Neilson, Easterday, Kirsh, Shissias, Stuart, Hutson, McMahand, Rhoad, J. Harris, Wilkes, Stille, Cato, Bailey, Harrison, Gamble, Dantzler, Witherspoon, Delleney, Fleming, Harrell, Koon, Cromer and S. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-5-190 SO AS TO AUTHORIZE CERTAIN INSURANCE OR INSURANCE-RELATED ENTITIES, ORGANIZATIONS, OR AGENCIES TO CAUSE RECORDS RELATING TO POLICY APPLICATIONS, CHANGES, REFUNDS, TERMINATIONS, CLAIMS, OR PREMIUM PAYMENTS TO BE COPIED OR REPRODUCED BY CERTAIN MEANS, AND PROVIDE FOR RELATED MATTERS.

H. 4444 -- Rep. Sharpe: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PRE-PAID LEGAL INSURANCE.

H. 4078 -- Reps. Kelley, Keyserling, Thomas, Martin, Riser, Wilkes, Worley, Keegan, J. Young and T. Brown: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE BY ADDING CHAPTER 18 SO AS TO REGULATE PRACTICES AND AGREEMENTS CONCERNING THE LICENSING OF COPYRIGHTED NONDRAMATIC MUSICAL WORKS, TO AUTHORIZE CERTAIN CIVIL REMEDIES FOR VIOLATIONS INCLUDING INJUNCTIVE RELIEF AND PETITION FOR TERMINATION OF CONTRACT, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.

H. 4648 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO WORDS AND PHRASES, DEFINED; FILING WITH THE COMMISSION, DEFINED; PERIODIC REPORT; STATUS REPORT AND COMPENSATION RECEIPT; TERMINATING TEMPORARY TOTAL OR TEMPORARY PARTIAL COMPENSATION BENEFITS; ADJUSTING THE COMPENSATION RATE; SETTLEMENT, FORM 16; SETTLEMENT BY AGREEMENT AND FINAL RELEASE; INFORMAL CONFERENCE; FINES, ASSESSMENT AND REVIEW, DESIGNATED AS REGULATION DOCUMENT NUMBER 1917, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

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
IA
SECTION 3B--AMENDED AND ADOPTED

Debate was resumed on Section 3B.

Rep. KIRSH proposed the following Amendment No. 22 (Doc Name P:\amend\dc.17), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3b, House of Representatives, page 11, line 24, opposite /Unclass Leg Misc (P)/ by decreasing the amounts in columns (5) and (6) by /61,293/;

Amend further, line 25, by decreasing the FTE's in columns (5) and (6) by /(2.00)/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Reps. WALDROP and SCOTT spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 53; Nays 46

Those who voted in the affirmative are:

Askins                 Brown, H.              Cain
Cato                   Chamblee               Cooper
Cotty                  Cromer                 Dantzler
Easterday              Fleming                Fulmer
Harrell                Harrison               Haskins
Herdklotz              Howard                 Jaskwhich
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Law
Limbaugh               Littlejohn             Loftis
Marchbanks             Mason                  Meacham
Rice                   Richardson             Robinson
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, R.              Stille
Stuart                 Thomas                 Tripp
Trotter                Vaughn                 Walker
Wells                  Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--53

Those who voted in the negative are:

Anderson               Bailey                 Breeland
Brown, G.              Brown, J.              Cave
Clyburn                Cobb-Hunter            Delleney
Gamble                 Govan                  Hallman
Harris, J.             Hines, J.              Hines, M.
Hutson                 Inabinett              Jennings
Keegan                 Kennedy                Kinon
Lanford                Lee                    Lloyd
McAbee                 McCraw                 McKay
McMahand               Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Riser                  Scott                  Seithel
Shissias               Stoddard               Tucker
Waldrop                Whatley                Whipper, L.
White                  Wilder                 Wilkes
Williams

Total--46

So, the amendment was adopted.

Rep. TUCKER proposed the following Amendment No. 97 (Doc Name P:\amend\ta.12), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3B, Legislative Department, page 10, line 32, opposite /Unclass. Leg. Misc (P)/ by decreasing the amount(s) in Column 5 and Column 6 by:

COLUMN 5     COLUMN 6

/     90,522     90,522

( )     ( )/

Renumber sections and amend totals/title to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

Reps. KIRSH and SIMRILL proposed the following Amendment No. 60 (Doc Name P:\amend\dc.12), which was adopted.

Amend the bill, as and if amended, Part IA, Section 3b, House of Representatives, page 10, line 23, opposite /Unclass Leg Misc (P)/ by decreasing the amounts in columns (5) and (6) by $43,094;

Amend further, line 24, by decreasing the FTE's in columns (5) and (6) by (1.00);

Amend further, line 25, opposite /Unclass Leg Misc (TP)/ by decreasing the amounts in columns (5) and (6) by /6,000/

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

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

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

Yeas 47; Nays 56

Those who voted in the affirmative are:

Anderson               Bailey                 Breeland
Brown, G.              Brown, J.              Byrd
Cave                   Chamblee               Clyburn
Cobb-Hunter            Govan                  Harrell
Harris, J.             Hines, J.              Hines, M.
Hodges                 Inabinett              Jaskwhich
Jennings               Keegan                 Kennedy
Kinon                  Klauber                Lee
McAbee                 McCraw                 McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Riser                  Shissias               Stille
Stoddard               Townsend               Trotter
Tucker                 Waldrop                Whatley
Whipper, L.            White                  Wilder
Wilkes                 Williams

Total--47

Those who voted in the negative are:

Allison                Askins                 Cain
Cato                   Cooper                 Cotty
Cromer                 Dantzler               Delleney
Easterday              Fleming                Fulmer
Gamble                 Hallman                Harrison
Haskins                Herdklotz              Kelley
Kirsh                  Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Lloyd
Loftis                 Marchbanks             Mason
McKay                  Meacham                Quinn
Rice                   Richardson             Robinson
Sandifer               Scott                  Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Stuart                 Thomas
Tripp                  Vaughn                 Walker
Wells                  Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--56

So, the House refused to table the amendment.

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

AMENDMENT NO. 26--TABLED

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

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

Section 3B as amended was adopted.

SECTION 6A--ADOPTED

Debate was resumed on Section 6A.

Section 6A was adopted.

SECTION 11--ADOPTED

Debate was resumed on Section 11.

Rep. QUINN explained the section.

Section 11 was adopted.

SECTION 18A--ADOPTED

Debate was resumed on Section 18A.

Reps. HODGES and McTEER proposed the following Amendment No. 46 (Doc Name P:\amend\tmr.3), which was tabled.

Amend the bill, as and if amended, Part IA, Section 18A, Commission on Higher Education, page 94, immediately after line 32 by inserting new lines to read:

/     COLUMN 5     COLUMN 6

Quality     3,000,000     3,000,000

Formula

Funding     51,500,000     51,500,000/

Renumber sections and amend totals/title to conform.

Rep. McTEER explained the amendment.

Rep. HALLMAN spoke against the amendment.

Rep. HODGES spoke in favor of the amendment.

Rep. STILLE spoke against the amendment.

Rep. STILLE spoke against the amendment.

Rep. McELVEEN spoke in favor of the amendment.

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

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

Yeas 68; Nays 46

Those who voted in the affirmative are:

Allison                Bailey                 Brown, H.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Elliott
Felder                 Fleming                Fulmer
Hallman                Harrell                Harrison
Haskins                Herdklotz              Hutson
Keegan                 Kelley                 Kinon
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             Mason
McKay                  Meacham                Quinn
Rice                   Riser                  Robinson
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Thomas                 Townsend               Tripp
Trotter                Vaughn                 Waldrop
Walker                 Wells                  Whatley
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--68

Those who voted in the negative are:

Anderson               Askins                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Canty                  Carnell
Cave                   Clyburn                Cobb-Hunter
Cromer                 Govan                  Harris, J.
Harris, P.             Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Keyserling             Lee
Lloyd                  McAbee                 McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Richardson
Rogers                 Scott                  Shissias
Stoddard               Tucker                 Whipper, L.
Whipper, S.            White                  Wilder
Wilkes

Total--46

So, the amendment was tabled.

Section 18A was adopted.

RECORD FOR NOT VOTING

As a part-time employee of the University of South Carolina, I did not vote on Amendment #46, Section 18.

Rep. MARGARET GAMBLE

SECTION 19--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on Section 19.

Rep. COTTY proposed the following Amendment No. 103 (Doc Name P:\amend\cj.4), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 167, immediately after line 4 by inserting a new line to read:

/     COLUMN 5     COLUMN 6

S.C. Geographic

Alliance USC     40,000     40,000/

Renumber sections and amend totals/title to conform.

Rep. COTTY explained the amendment.

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

Rep. KIRSH proposed the following Amendment No. 28 (Doc Name P:\amend\cj.10), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 170, immediately after line 18 by inserting a new line to read:

/     COLUMN 5     COLUMN 6

Alternative Schooling     $5,000,000/

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 178, line 9, opposite /Local School Innovation Funds/ by decreasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/     5,000,000/

( )     ( )

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. KIRSH spoke in favor of the amendment.

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

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

Yeas 65; Nays 48

Those who voted in the affirmative are:

Allison                Askins                 Brown, H.
Cain                   Carnell                Cato
Chamblee               Cooper                 Cotty
Cromer                 Dantzler               Davenport
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harrison               Haskins
Herdklotz              Hutson                 Jaskwhich
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Loftis                 Marchbanks
Mason                  McAbee                 McKay
Meacham                Quinn                  Rhoad
Rice                   Riser                  Robinson
Sandifer               Seithel                Simrill
Smith, D.              Smith, R.              Spearman
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Walker
Wells                  Whatley                Wilkins
Witherspoon            Wofford                Worley
Young                  Young-Brickell

Total--65

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Canty                  Cave                   Clyburn
Cobb-Hunter            Delleney               Elliott
Govan                  Harris, J.             Harris, P.
Hines, J.              Hines, M.              Hodges
Howard                 Inabinett              Jennings
Keyserling             Kinon                  Kirsh
Lee                    Lloyd                  McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Richardson             Rogers
Scott                  Shissias               Stille
Stoddard               Thomas                 Tucker
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams

Total--48

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 27 (Doc Name P:\amend\CJ.20), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 176, line 8, opposite /Tchr Loan Prog./ by increasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/1,000,000/

( )     ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 170, immediately after line 18 by inserting a new line to read:

/     COLUMN 5     COLUMN 6

Alt. Schooling     7,000,000/

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 173, line 22, opposite /Alloc. Ed Incentive Grants/ by decreasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/5,000,000/

( )     ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 178, line 9, opposite /Local School Innovation Funds/ by decreasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/3,000,000/

( )     ( )

Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.

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

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

Yeas 66; Nays 40

Those who voted in the affirmative are:

Allison                Askins                 Brown, H.
Cain                   Carnell                Cato
Chamblee               Cooper                 Cotty
Cromer                 Dantzler               Easterday
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harris, J.
Harrison               Haskins                Herdklotz
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Keyserling
Klauber                Knotts                 Koon
Lanford                Law                    Limehouse
Littlejohn             Loftis                 Marchbanks
Mason                  McAbee                 Meacham
Neilson                Quinn                  Rice
Richardson             Riser                  Robinson
Sandifer               Sharpe                 Shissias
Simrill                Smith, R.              Spearman
Stille                 Stuart                 Thomas
Townsend               Tripp                  Trotter
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Young                  Young-Brickell

Total--66

Those who voted in the negative are:

Anderson               Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Cave                   Clyburn                Cobb-Hunter
Davenport              Delleney               Govan
Harris, P.             Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Kennedy                Kinon                  Kirsh
Lee                    Lloyd                  McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Phillips
Rhoad                  Scott                  Stoddard
Tucker                 Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Williams

Total--40

So, the amendment was tabled.

Rep. COTTY proposed the following Amendment No. 115 (Doc Name P:\amend\cj.78), which was adopted.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 168, line 35, opposite /Gifted/Talented Program/ by decreasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/     40,000

( )     ( )/

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 176, after line 19, by increasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/S.C. Geographic     40,000

Alliance-USC

( )     ( )/

Renumber sections and amend totals/title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

Reps. COTTY and SHISSIAS proposed the following Amendment No. 104 (Doc Name P:\amend\CJ.16), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 176, line 19, opposite /Technology/ by decreasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/     20,000,000/

( )     ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 169, immediately after line 4 by inserting a new line to read:

/     COLUMN 5     /

Alloc EIA - Full-

day Kindergarten for

Eco. Disadv.

and at risk Children     20,000,000/

Renumber sections and amend totals/title to conform.

Rep. COTTY explained the amendment.

Rep. HARRELL spoke against the amendment.

Rep. SHISSIAS spoke in favor of the amendment.

Rep. WELLS moved to table the amendment.

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

Yeas 59; Nays 55

Those who voted in the affirmative are:

Allison                Bailey                 Brown, H.
Cain                   Carnell                Cato
Chamblee               Cooper                 Dantzler
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harrison               Haskins
Herdklotz              Keegan                 Kelley
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Mason                  McAbee
McKay                  Meacham                Quinn
Rice                   Riser                  Robinson
Sandifer               Scott                  Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Young-Brickell

Total--59

Those who voted in the negative are:

Anderson               Askins                 Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Canty                  Cave
Clyburn                Cobb-Hunter            Cotty
Cromer                 Davenport              Delleney
Elliott                Govan                  Harris, J.
Harris, P.             Harvin                 Hines, J.
Hines, M.              Hodges                 Howard
Hutson                 Inabinett              Jaskwhich
Jennings               Keyserling             Kirsh
Lee                    Lloyd                  Martin
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Richardson             Rogers                 Shissias
Spearman               Stoddard               Stuart
Tucker                 Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Williams

Total--55

So, the amendment was tabled.

Reps. McTEER, HODGES and ROGERS proposed the following Amendment No. 105 (Doc Name P:\amend\CJ.70), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 176, line 19, opposite /technology/ by decreasing the amount in Column 5 by:

COLUMN 5

20,000,000

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 180, line 1, opposite /school technology/ by increasing the amount in Column 5 and Column 6 by:

COLUMN 5     COLUMN 6

/     20,000,000     20,000,000

( )     ( )/

Renumber sections and amend totals/title to conform.

Rep. McTEER explained the amendment.

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

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

Yeas 60; Nays 54

Those who voted in the affirmative are:

Allison                Brown, H.              Cain
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Davenport
Easterday              Fleming                Fulmer
Gamble                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Jaskwhich              Keegan                 Kelley
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Mason                  McAbee
McKay                  Meacham                Rice
Richardson             Riser                  Robinson
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Spearman               Thomas                 Tripp
Trotter                Vaughn                 Walker
Wells                  Whatley                Wilkins
Witherspoon            Wofford                Worley
Wright                 Young                  Young-Brickell

Total--60

Those who voted in the negative are:

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

Total--54

So, the amendment was tabled.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., February 27, 1996
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:50 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. HASKINS, the invitation was accepted.

MOTION ADOPTED

Rep. HARRELL moved that upon the completion of the Ratification of Acts, the House recede until 2:30 P.M., which was agreed to.

Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Section 19.

RATIFICATION OF ACTS

At 12:50 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.

(R239) S. 189 -- Senator Rose: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-335 SO AS TO PROVIDE THAT CANDIDATES' NAMES IN NONPARTISAN ELECTIONS BE ARRANGED IN ALPHABETICAL ORDER; AND TO AMEND SECTION 7-13-610, AS AMENDED, RELATING TO BALLOT SPECIFICATIONS IN PARTY PRIMARIES, SO AS TO PROVIDE THAT THE BALLOT MUST CONTAIN THE NAMES OF PERSONS IN ALPHABETICAL ORDER.

(R240) S. 272 -- Senators Alexander, Leventis, O'Dell, Hayes, Rose and Giese: AN ACT TO AMEND SECTION 7-13-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL ELECTIONS, SO AS TO PROVIDE FOR THE TIME A CANDIDATE MUST FILE IF SEEKING NOMINATION BY PETITION, AND PROVIDE THAT A SPECIAL ELECTION MUST BE HELD ON THE SAME DAY AS THE GENERAL ELECTION IF THE EIGHTEENTH TUESDAY AFTER THE VACANCY OCCURS IS NO MORE THAN SIXTY DAYS PRIOR TO THE GENERAL ELECTION.

(R241) S. 468 -- Senator Hayes: AN ACT TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO PROVIDE FOR A FEE FOR FILING A JUDGMENT BY CONFESSION WITH A CLERK OF COURT; AND TO AMEND SECTION 15-35-370, RELATING TO JUDGMENT BY CONFESSION, SO AS TO CLARIFY THE PROCEDURE FOR FILING A JUDGMENT BY CONFESSION AND TO DELETE OBSOLETE REFERENCES.

(R242) S. 654 -- Senator Greg Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-185 SO AS TO PROVIDE THAT THE TEMPORARY MINIBOTTLE PERMIT AUTHORIZED BY SECTION 61-5-180 MAY BE ISSUED TO NONPROFIT ORGANIZATIONS AND BUSINESSES LOCATED EAST OF THE INTRACOASTAL WATERWAY IN AN AREA OF A COUNTY THAT IS CONTIGUOUS TO A COUNTY THAT HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF SIX MILLION DOLLARS AND WHICH BY REFERENDUM HAS AUTHORIZED THE ISSUANCE OF PERMITS PURSUANT TO SECTION 61-5-180 AND IF A REFERENDUM APPROVING THESE PERMITS IS HELD IN THE AFFECTED AREA OF THE COUNTY AND THE COUNTY IN WHICH THE REFERENDUM IS TO BE HELD HAS ANNUAL ACCOMMODATIONS TAX REVENUES IN EXCESS OF FIVE HUNDRED THOUSAND DOLLARS.

(R243) S. 1088 -- Senators Washington and Mescher: AN ACT TO ESTABLISH THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY AND PROVIDE FOR THE NUMBER AND MANNER OF APPOINTMENT OF ITS MEMBERS, TERMS, FILLING OF VACANCIES, ELECTION OF THE BOARD'S CHAIRMAN, THE CHAIRMAN'S TERM OF OFFICE, AND RELATED MATTERS; TO ABOLISH THE COLLETON COUNTY BOARD OF VOTER REGISTRATION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; TO ABOLISH THE COLLETON COUNTY ELECTION COMMISSION AND DEVOLVE ITS FUNCTIONS, DUTIES, AND POWERS UPON THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF COLLETON COUNTY; AND TO PROVIDE FOR THE EXPIRATION OF THE CURRENT TERMS OF OFFICE FOR CERTAIN PERSONS.

(R244) S. 1105 -- Senators Martin and Alexander: AN ACT TO AMEND SECTION 1A OF ACT 260 OF 1981, AS AMENDED, RELATING TO THE PICKENS COUNTY SCHOOL BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE NOTICE OF CANDIDACY REQUIRED TO BE FILED SHALL BE FILED NOT LATER THAN TWELVE O'CLOCK NOON ON SEPTEMBER FIRST OR, IF SEPTEMBER FIRST FALLS ON A SUNDAY, NOT LATER THAN TWELVE O'CLOCK NOON ON THE FOLLOWING MONDAY AND TO PROVIDE THAT THE NOTICE OF CANDIDACY SHALL NOT BE FILED EARLIER THAN AUGUST FIRST, OR IF AUGUST FIRST FALLS ON A SUNDAY, NOT EARLIER THAN THE FOLLOWING MONDAY.

(R245) S. 1119 -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1995-96 SCHOOL YEAR, THE SCHOOL DISTRICT OF OCONEE COUNTY IS EXEMPTED FROM THE REQUIREMENT THAT SCHOOL DAYS MISSED MUST BE MADE UP AS A RESULT OF COMPLICATIONS RESULTING FROM SNOW OR ICE OR OTHER EXTREME WEATHER CONDITIONS.

(R246) S. 1127 -- Senators Cork and Washington: AN ACT TO AMEND SECTION 7-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BEAUFORT COUNTY, SO AS TO REVISE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

(R247) H. 3132 -- Reps. Hodges, Kirsh, Inabinett, Jennings, Richardson and Knotts: AN ACT TO AMEND SECTIONS 14-7-250, AS AMENDED, AND 14-7-850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE AS JURORS, SO AS TO PROVIDE THAT A PERSON MAY SERVE AS A JUROR MORE FREQUENTLY THAN ONCE EVERY THREE YEARS BUT MAY NOT SERVE MORE THAN ONCE EVERY YEAR.

(R248) H. 3204 -- Reps. Limbaugh, McKay, Harrison and Huff: AN ACT TO AMEND SECTION 15-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE STATUTE OF LIMITATIONS ON CERTAIN CIVIL ACTIONS FOR PERSONS UNDER DISABILITY, AND SECTION 15-3-370, RELATING TO THE STATUTE OF LIMITATIONS ON REAL PROPERTY ACTIONS FOR PERSONS UNDER DISABILITY, SO AS TO ELIMINATE THE EXCEPTION FOR PERSONS IMPRISONED FOR CERTAIN OFFENSES.

(R249) H. 3486 -- Reps. Tripp, Cromer, Sandifer, Cobb-Hunter, Baxley, Kennedy, Wright, Tucker, Bailey, Stille, Littlejohn, Robinson, Richardson, Huff, Lanford, Wilder, Jaskwhich, Shissias, Vaughn, Simrill, Wells, Trotter, Whatley, Stuart, Rhoad, Govan, Easterday, Seithel, Allison, D. Smith, Cotty, Gamble, Limehouse, A. Young, Koon, J. Harris, Harrison, Fleming, Harvin, Mason, Kirsh, Rice, Marchbanks, Carnell, Meacham, Haskins, Harrell, Cain and Jennings: AN ACT TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRAWING AND UTTERING OF FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO PROVIDE THAT THE SECTION DOES APPLY TO ANY CHECK GIVEN IN FULL OR PARTIAL PAYMENT OF A PREEXISTING DEBT WHICH RESULTED FROM A REVOLVING CREDIT ACCOUNT WHICH IS NOT A CONSUMER CREDIT TRANSACTION, AND TO PROVIDE THAT FAILURE OF THE PERSON RECEIVING A CHECK TO OBTAIN CERTAIN INFORMATION SHALL NOT WARRANT DISMISSAL OF PROSECUTION, BUT THE PERSON BRINGING THE ACTION HAS THE BURDEN OF PROVING THAT THE DEFENDANT SIGNED OR ENDORSED THE CHECK AND PRESENTED IT IN PAYMENT OF A DEBT OR OBLIGATION.

(R250) H. 3878 -- Rep. Witherspoon: AN ACT TO AMEND SECTION 50-13-1760, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO AS TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE DATES THE FISH MAY BE SOLD; AND TO DELETE THE REQUIREMENT THAT AN INVOICE, BILL OF SALE, AND AN INVOICE NUMBER BE PROVIDED UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT CERTAIN DOCUMENTATION AND DOCUMENTATION NOTICE ARE REQUIRED UNDER CERTAIN CIRCUMSTANCES.

(R251) H. 3954 -- Reps. A. Young, Knotts, Harrison, Chamblee, Haskins, Easterday, Bailey, Inabinett, Mason, Waldrop, Robinson, Witherspoon, Herdklotz, Littlejohn, Riser, Davenport and Vaughn: AN ACT TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT, SO AS TO FURTHER PROVIDE FOR SPECIFIC FINDINGS THE COURT MUST MAKE IN ALLOWING A NONRESIDENT TO ADOPT A CHILD IN SOUTH CAROLINA AND TO CORRECT INTERNAL REFERENCES; AND TO AMEND SECTION 20-7-1700, AS AMENDED, RELATING TO CONSENT AND RELINQUISHMENT FOR THE PURPOSE OF ADOPTION, SO AS TO REQUIRE CONSENT AND RELINQUISHMENT TO BE GIVEN AFTER THE BIRTH OF AN ADOPTEE.

(R252) H. 4410 -- Reps. Hutson, G. Bailey, Cobb-Hunter, Harrell and Young-Brickell: AN ACT TO AMEND SECTION 7-7-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DORCHESTER COUNTY, SO AS TO REVISE THESE PRECINCTS AND THE DATE OF THE OFFICIAL MAP ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

(R253) H. 4478 -- Reps. Boan, Baxley, Fleming, Askins, Kennedy, J. Hines, Martin, Cooper, Law, Robinson, Limbaugh, Rhoad, Cato, Witherspoon, Jennings, Wilkins and T. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-785, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE AND TAXATION TO ALTER THE RETURN AND PAYMENT SCHEDULE FOR THE TOBACCO PRODUCTS TAX; TO AMEND SECTION 12-21-620, RELATING TO THE SPECIFIC TAX RATES ON VARIOUS TOBACCO PRODUCTS, SO AS TO DELETE THE SEPARATE DEFINITION OF TOBACCO PRODUCTS AND IMPOSE A TAX EQUAL TO FIVE PERCENT OF THE MANUFACTURER'S PRICE ON ALL TOBACCO PRODUCTS EXCEPT CIGARETTES; TO AMEND SECTION 12-21-735, RELATING TO THE PAYMENT METHOD OF THE CIGARETTE TAX, SO AS TO AUTHORIZE A THREE AND ONE-HALF PERCENT DISCOUNT ON THE TAX FOR TIMELY FILED RETURNS AND PAYMENTS; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO RETURNS AND PAYMENTS OF THE TOBACCO PRODUCTS TAX, SO AS TO INCREASE THE DISCOUNT FOR TIMELY FILED RETURNS AND PAYMENTS FOR THE TOBACCO PRODUCTS TAX FROM TWO TO THREE AND ONE-HALF PERCENT; AND TO AMEND SECTION 12-21-800, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO CONFORM IT TO THE PROVISIONS OF THIS ACT.

(R254) H. 4506 -- Rep. Delleney: AN ACT TO AMEND SECTION 7-7-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND PLACES IN CHESTER COUNTY SO AS TO DELETE ALL REFERENCES TO SPECIFIC POLLING PLACES AND AUTHORIZE THE CHESTER COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE CHESTER COUNTY LEGISLATIVE DELEGATION TO DETERMINE THE POLLING PLACES.

(R255) H. 4535 -- Reps. Kinon, Jennings and M. Hines: AN ACT TO AMEND ACT 591 OF 1992, RELATING TO THE AUTHORIZATION FOR THE DILLON COUNTY BOARD OF EDUCATION TO BORROW A CERTAIN AMOUNT OF MONEY TO BE USED FOR SCHOOL CONSTRUCTION, SO AS TO, AMONG OTHER THINGS, CHANGE THE AMOUNT WHICH MAY BE BORROWED, AND PROVIDE THAT SUCH FUNDS MAY BE APPLIED TO RETIRE A LOAN FOR MONEY USED FOR SCHOOL CONSTRUCTION FOR DILLON COUNTY SCHOOL DISTRICTS 1, 2, AND 3, RATHER THAN SCHOOL DISTRICT 3 ALONE.

(R256) H. 4587 -- Reps. Jennings, J. Harris and Kinon: AN ACT TO CREATE THE MARLBORO COUNTY ECONOMIC DEVELOPMENT BOARD, PROVIDE FOR THE APPOINTMENT AND TERMS OF THE MEMBERS, POWERS, AND MEETINGS OF THE BOARD; AND REPEAL ACT 280 OF 1957 RELATING TO THE CREATION OF THE MARLBORO COUNTY INDUSTRIAL AND AGRICULTURAL DEVELOPMENT BOARD.

(R257) H. 4609 -- Reps. Koon, Knotts, Gamble, Riser and Wright: AN ACT TO AMEND ACT 218 OF 1993, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO REVISE THE DATES WHEN NOTICES OF CANDIDACY MAY BE FILED WITH THE COUNTY ELECTION COMMISSION, AND TO AMEND ACT 176 OF 1995, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF LEXINGTON COUNTY SCHOOL DISTRICT 1, SO AS TO PROVIDE THAT THE FILING PERIOD FOR PERSONS DESIRING TO FILE WRITTEN NOTICES OF CANDIDACY SHALL BE AS PROVIDED IN ACT 218 OF 1993.

THE HOUSE RESUMES

At 2:30 P.M. the House resumed, the SPEAKER in the Chair.

ACTING SPEAKER TUCKER IN CHAIR
POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

SPEAKER IN CHAIR
HOUSE TO MEET AT 9:30 A.M. TOMORROW

Rep. TOWNSEND 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 Section 19, Part IA.

H. 4600
GENERAL APPROPRIATION BILL
SECTION 19--AMENDED AND ADOPTED

Debate was resumed on Section 19.

Reps. J. HARRIS, SHISSIAS, NEILSON, JASKWHICH and KOON proposed the following Amendment No. 38 (Doc Name P:\amend\cj.3), which was rejected.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 176, line 30, opposite /Alloc EIA-Arts Curricula/ by increasing the amount in Column 5 by:

COLUMN 5     COLUMN 6

/     1,232,614

( )     ( )/

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 178, line 9, opposite /Local School Innovation Funds/ by decreasing the amount in Column 5 by:

COLUMN 5     COLUMN 6

/     1,182,614

( )     ( )/

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 176, line 16, opposite /Governor's School for the Arts/ by decreasing the amount in Column 5 by:

COLUMN 5     COLUMN 6

/     50,000

( )     ( )/

Renumber sections & amend totals /title to conform.

Rep. J. HARRIS explained the amendment.

Rep. SPEARMAN spoke in favor of the amendment.

Rep. WELLS spoke against the amendment.

Rep. J. HARRIS spoke in favor of the amendment.

Rep. WELLS moved to table the amendment.

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

Yeas 53; Nays 54

Those who voted in the affirmative are:

Allison                Brown, H.              Cato
Chamblee               Cooper                 Dantzler
Easterday              Felder                 Fleming
Fulmer                 Hallman                Harrell
Harrison               Haskins                Keegan
Kelley                 Kirsh                  Klauber
Koon                   Law                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Mason                  McKay
Meacham                Quinn                  Rice
Riser                  Robinson               Sandifer
Scott                  Seithel                Sharpe
Smith, D.              Smith, R.              Stuart
Thomas                 Tripp                  Trotter
Vaughn                 Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--53

Those who voted in the negative are:

Anderson               Askins                 Bailey
Breeland               Brown, G.              Brown, T.
Byrd                   Cain                   Carnell
Cave                   Clyburn                Cobb-Hunter
Cotty                  Cromer                 Delleney
Gamble                 Harris, J.             Herdklotz
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Inabinett
Jaskwhich              Jennings               Keyserling
Kinon                  Knotts                 Lloyd
McAbee                 McCraw                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Richardson             Rogers
Shissias               Spearman               Stille
Stoddard               Tucker                 Waldrop
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams

Total--54

So, the House refused to table the amendment.

Rep. HARRELL spoke against the amendment.

Rep. SPEARMAN spoke in favor of the amendment.

Rep. HARRELL spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 51; Nays 56

Those who voted in the affirmative are:

Anderson               Askins                 Bailey
Brown, G.              Brown, J.              Brown, T.
Byrd                   Cain                   Carnell
Cave                   Clyburn                Cobb-Hunter
Cotty                  Cromer                 Delleney
Gamble                 Harris, J.             Harris, P.
Herdklotz              Hines, J.              Hines, M.
Hodges                 Howard                 Hutson
Inabinett              Jaskwhich              Jennings
Keyserling             Kinon                  Knotts
Lee                    Lloyd                  McAbee
McCraw                 McElveen               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Richardson             Rogers
Shissias               Spearman               Stoddard
Tucker                 Waldrop                White
Wilder                 Wilkes                 Williams

Total--51

Those who voted in the negative are:

Allison                Brown, H.              Cato
Chamblee               Cooper                 Dantzler
Easterday              Felder                 Fleming
Fulmer                 Hallman                Harrell
Harrison               Haskins                Keegan
Kelley                 Kirsh                  Klauber
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             Mason
McKay                  Meacham                Quinn
Rhoad                  Rice                   Riser
Robinson               Sandifer               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Stuart                 Thomas
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--56

So, the amendment was rejected.

Reps. NEILSON, GOVAN, McELVEEN, G. BROWN, INABINETT, LLOYD, J. HARRIS, J. HINES, BAXLEY, McTEER, TOWNSEND, KOON, CAIN, HASKINS, CAVE, SANDIFER, M. HINES, HARVIN, and J. YOUNG proposed the following Amendment No. 44 (Doc Name P:\amend\cj.1), which was adopted.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 178, line 9, opposite /Local School Innovation Funds/ by decreasing the amount in Column 5 by:

COLUMN 5     COLUMN 6

/     8,000,000

( )     ( )/

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 168, line 36, opposite /Alloc EIA-Mod. Voc. Equip./ by increasing the amount in Column 5 by:

COLUMN 5     COLUMN 6

/     8,000,000

( )     ( )/

Renumber sections and amend totals/title to conform.

Rep. NEILSON explained the amendment.

Rep. HARRELL spoke against the amendment.

Reps. WILKES, McTEER and McELVEEN spoke in favor of the amendment.

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

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

Yeas 55; Nays 59

Those who voted in the affirmative are:

Allison                Brown, H.              Cato
Chamblee               Cotty                  Dantzler
Easterday              Fleming                Fulmer
Hallman                Harrell                Harrison
Haskins                Herdklotz              Jaskwhich
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Mason                  McKay
Meacham                Quinn                  Rice
Richardson             Riser                  Robinson
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Stuart
Thomas                 Tripp                  Trotter
Vaughn                 Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young-Brickell

Total--55

Those who voted in the negative are:

Anderson               Askins                 Bailey
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cave                   Clyburn
Cobb-Hunter            Cooper                 Cromer
Delleney               Gamble                 Harris, J.
Harris, P.             Harvin                 Hines, J.
Hines, M.              Hodges                 Howard
Hutson                 Inabinett              Jennings
Keyserling             Kinon                  Lee
Lloyd                  Martin                 McAbee
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rogers                 Sandifer               Scott
Shissias               Spearman               Stille
Stoddard               Townsend               Tucker
Waldrop                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Williams               Young

Total--59

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 62; Nays 54

Those who voted in the affirmative are:

Anderson               Askins                 Bailey
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Cain
Carnell                Cave                   Chamblee
Clyburn                Cobb-Hunter            Cooper
Cromer                 Delleney               Govan
Harris, J.             Harris, P.             Harvin
Hines, J.              Hines, M.              Hodges
Howard                 Hutson                 Inabinett
Jennings               Keyserling             Kinon
Lanford                Lee                    Lloyd
Martin                 McAbee                 McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Richardson
Rogers                 Sandifer               Scott
Shissias               Spearman               Stille
Stoddard               Townsend               Tucker
Waldrop                Whipper, L.            Whipper, S.
White                  Wilder                 Wilkes
Williams               Young

Total--62

Those who voted in the negative are:

Allison                Brown, H.              Cato
Cotty                  Dantzler               Easterday
Felder                 Fleming                Fulmer
Gamble                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Law                    Limbaugh
Limehouse              Littlejohn             Loftis
Marchbanks             Mason                  McKay
Meacham                Quinn                  Rice
Riser                  Robinson               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Stuart                 Thomas
Tripp                  Trotter                Vaughn
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young-Brickell

Total--54

So, the amendment was adopted.

Reps. McTEER, HODGES, ALLISON, ANDERSON, ASKINS, BAILEY, BREELAND, G. BROWN, J. BROWN, BYRD, CANTY, CAVE, CLYBURN, COBB-HUNTER, CROMER, DAVENPORT, DELLENEY, FELDER, FULMER, GOVAN, HARVIN, J. HINES, M. HINES, INABINETT, JASKWHICH, KEYSERLING, KNOTTS, LAW, LEE, LITTLEJOHN, LLOYD, McELVEEN, McKAY, McMAHAND, MOODY-LAWRENCE, NEAL, NEILSON, PHILLIPS, QUINN, RHOAD, RICHARDSON, RISER, ROGERS, SCOTT, SHEHEEN, SHISSIAS, SPEARMAN, STUART, THOMAS, TUCKER, WALDROP, WALKER, WHATLEY, L. WHIPPER, WHITE, WILDER, WITHERSPOON, WOFFORD and WRIGHT proposed the following Amendment No. 83 (Doc Name P:\amend\CJ.17), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 180, immediately after line 1 by inserting a new line to read:

/     COLUMN 5     COLUMN 6

Aid to School

Districts -

Full day kinder.

5 year olds     55,000,000     55,000,000

Renumber sections and amend totals/title to conform.

Rep. McTEER explained the amendment.

Rep. HASKINS spoke against the amendment.

Rep. STILLE spoke in favor of the amendment.

Reps. HODGES, WILKES and McMAHAND spoke in favor of the amendment.

Reps. WELLS and LIMBAUGH spoke against the amendment.

Rep. SCOTT spoke in favor of the amendment.

Rep. RICHARDSON spoke in favor of the amendment.

LEAVES OF ABSENCE

The SPEAKER granted Reps. ASKINS and G. BROWN a leave of absence for the day.

Rep. COBB-HUNTER spoke in favor of the amendment.

Reps. MEACHAM and ROBINSON spoke against the amendment.

Rep. HASKINS spoke against the amendment.

Reps. CAVE and NEAL spoke in favor of the amendment.

Rep. TOWNSEND spoke against the amendment.

Rep. McELVEEN spoke in favor of the amendment.

ACTING SPEAKER HARRISON IN CHAIR

Rep. McELVEEN continued speaking.

SPEAKER IN CHAIR

Rep. McELVEEN continued speaking.

Rep. WILKES spoke in favor of the amendment.

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

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

Yeas 65; Nays 51

Those who voted in the affirmative are:

Allison                Boan                   Brown, H.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Felder
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harrison
Haskins                Herdklotz              Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Loftis                 Marchbanks             Mason
McAbee                 McKay                  Meacham
Quinn                  Rice                   Riser
Robinson               Sandifer               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Spearman               Townsend
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young                  Young-Brickell

Total--65

Those who voted in the negative are:

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

Total--51

So, the amendment was tabled.

RECORD FOR VOTING

I support the concept of full day kindergarten. However, I cannot support an amendment that would put the budget out of balance by $55,000,000. Also, if passed this amendment will send an unfunded mandate back to the local school district. The amendment only addresses the initial costs. It does not include the cost of busing, lunch program or building facilities.

Rep. J. GARY SIMRILL

Rep. BECKY MEACHAM

LEAVE OF ABSENCE

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

Reps. D. SMITH, H. BROWN, LIMBAUGH, FULMER, ROBINSON, FELDER and HARRELL proposed the following Amendment No. 134 (Doc Name P:\amend\ff.45), which was adopted.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 0180, immediately after line 23, by increasing the amount(s) in Column 5 and Column 6 by:

COLUMN 5     COLUMN 6

/Kindergarten Study/

mileage     10,000     10,000

( )     ( )

Renumber sections and amend totals/title to conform.

Rep. D. SMITH explained the amendment.

Rep. SCOTT moved to table the amendment.

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

Yeas 35; Nays 71

Those who voted in the affirmative are:

Breeland               Brown, T.              Byrd
Cain                   Cave                   Cobb-Hunter
Govan                  Herdklotz              Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jaskwhich              Kirsh
Lee                    Lloyd                  McCraw
McMahand               Moody-Lawrence         Neal
Phillips               Rogers                 Scott
Sheheen                Shissias               Stille
Tripp                  Trotter                Whatley
Whipper, L.            Whipper, S.            White
Wilkes                 Williams

Total--35

Those who voted in the negative are:

Allison                Bailey                 Boan
Brown, H.              Cato                   Chamblee
Cooper                 Cotty                  Cromer
Dantzler               Davenport              Delleney
Easterday              Felder                 Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harris, J.             Harrison
Harvin                 Haskins                Hutson
Jennings               Keegan                 Kelley
Keyserling             Kinon                  Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Loftis                 Marchbanks
Martin                 Mason                  McKay
Meacham                Neilson                Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Spearman
Stoddard               Stuart                 Townsend
Tucker                 Vaughn                 Walker
Wells                  Wilder                 Wilkins
Witherspoon            Wofford                Worley
Wright                 Young-Brickell

Total--71

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 63 to 29.

Reps. McTEER, HODGES, ROGERS and HARVIN proposed the following Amendment No. 86 (Doc Name P:\amend\CJ.14), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 180, immediately after line 1 by inserting a new line to read:

/     COLUMN 5     COLUMN 6

High School Grad.

24 credits     4,000,000     4,000,000/

Renumber sections and amend totals/title to conform.

Rep. McTEER explained the amendment.

Rep. YOUNG-BRICKELL moved to table the amendment.

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

Yeas 62; Nays 43

Those who voted in the affirmative are:

Allison                Boan                   Brown, H.
Brown, J.              Cain                   Cato
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Felder                 Fleming                Fulmer
Gamble                 Hallman                Harrell
Harrison               Herdklotz              Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Loftis
Marchbanks             Mason                  McKay
Meacham                Quinn                  Rice
Riser                  Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Spearman
Thomas                 Townsend               Tripp
Trotter                Vaughn                 Walker
Wells                  Whatley                Wilkins
Witherspoon            Wofford                Worley
Wright                 Young-Brickell

Total--62

Those who voted in the negative are:

Anderson               Breeland               Brown, T.
Cave                   Clyburn                Cobb-Hunter
Cromer                 Govan                  Harris, J.
Harvin                 Haskins                Hines, J.
Hines, M.              Hodges                 Howard
Inabinett              Jennings               Keyserling
Kinon                  Lee                    Littlejohn
Lloyd                  McElveen               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Richardson
Rogers                 Scott                  Sheheen
Shissias               Stille                 Stoddard
Stuart                 Tucker                 Whipper, L.
Whipper, S.            White                  Wilder
Wilkes

Total--43

So, the amendment was tabled.

Rep. ROGERS proposed the following Amendment No. 135 (Doc Name P:\amend\cj.45), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Dept, of Education, page 175, line 36, opposite /Select Comm/ by increasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/     105,000

( )     ( )

Amend the bill further, as and if amended, Part IA, Section 19, Dept. of Education, page 178, line 9, opposite /Local School Innovation Funds/ by decreasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/     105,000

( )     ( )

Renumber sections and amend totals/title to conform.

Rep. ROGERS explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 65; Nays 30

Those who voted in the affirmative are:

Allison                Brown, H.              Cain
Cato                   Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Felder
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harrison
Haskins                Herdklotz              Hutson
Jaskwhich              Keegan                 Kelley
Keyserling             Kinon                  Klauber
Knotts                 Koon                   Lanford
Law                    Limehouse              Littlejohn
Loftis                 Marchbanks             Mason
McKay                  Meacham                Quinn
Rice                   Richardson             Riser
Robinson               Sandifer               Seithel
Sharpe                 Shissias               Simrill
Smith, R.              Spearman               Stuart
Thomas                 Townsend               Tripp
Trotter                Vaughn                 Walker
Wells                  Whatley                Wilkins
Witherspoon            Wofford                Worley
Wright                 Young-Brickell

Total--65

Those who voted in the negative are:

Breeland               Brown, J.              Cave
Cobb-Hunter            Govan                  Harris, J.
Harvin                 Hines, M.              Hodges
Howard                 Inabinett              Jennings
Kirsh                  Lee                    Lloyd
McElveen               McTeer                 Moody-Lawrence
Neal                   Phillips               Rogers
Scott                  Sheheen                Stille
Stoddard               Tucker                 Whipper, S.
White                  Wilder                 Wilkes

Total--30

So, the amendment was tabled.

Reps. TOWNSEND, NEILSON and CAIN proposed the following Amendment No. 90 (Doc Name P:\amend\cj.8), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 178, line 9, opposite /Local School Innovation Fund/ by decreasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/     9,204,958/

( )     ( )

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 169, line 1, opposite /Alloc EIA - Adult Education/ by increasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/     9,204,958/

( )     ( )

Renumber sections and amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

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

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

Yeas 53; Nays 44

Those who voted in the affirmative are:

Allison                Brown, H.              Cato
Cotty                  Dantzler               Davenport
Easterday              Fleming                Fulmer
Gamble                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Keegan                 Kelley                 Kirsh
Klauber                Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Loftis                 Marchbanks
Mason                  Meacham                Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Stuart                 Thomas
Tripp                  Trotter                Vaughn
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Young-Brickell

Total--53

Those who voted in the negative are:

Bailey                 Breeland               Byrd
Cain                   Cave                   Clyburn
Cobb-Hunter            Cooper                 Delleney
Felder                 Govan                  Harris, J.
Harvin                 Hines, J.              Hines, M.
Hodges                 Howard                 Hutson
Inabinett              Keyserling             Kinon
Lee                    Lloyd                  McCraw
McElveen               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rogers                 Sandifer               Scott
Sheheen                Shissias               Spearman
Stille                 Stoddard               Townsend
Tucker                 Whipper, L.            Whipper, S.
White                  Wilder

Total--44

So, the amendment was tabled.

Rep. TOWNSEND proposed the following Amendment No. 89 (Doc Name P:\amend\cj.5), which was tabled.

Amend the bill, as and if amended, Part IA, Section 19, Department of Education, page 176, line 10, opposite /Business Ed Partnership (H47)/ by increasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/     108,189/

Amend the bill further, as and if amended, Part IA, Section 19, Department of Education, page 178, line 9, opposite /Local School Innovation Funds/ by decreasing the amount(s) in Column 5 by:

COLUMN 5     COLUMN 6

/     108,189/

Renumber sections and amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

Rep. R. SMITH moved to table the amendment.

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

Yeas 58; Nays 38

Those who voted in the affirmative are:

Brown, H.              Cato                   Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Felder                 Fleming                Fulmer
Hallman                Harrell                Harrison
Haskins                Herdklotz              Hutson
Keegan                 Kelley                 Kinon
Kirsh                  Knotts                 Koon
Law                    Limbaugh               Limehouse
Littlejohn             Loftis                 Marchbanks
Mason                  McKay                  Meacham
Quinn                  Rice                   Richardson
Riser                  Robinson               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Stuart                 Thomas
Tripp                  Trotter                Vaughn
Walker                 Wells                  Whatley
Whipper, S.            Wilkins                Witherspoon
Wofford                Worley                 Wright
Young-Brickell

Total--58

Those who voted in the negative are:

Bailey                 Breeland               Byrd
Cain                   Cave                   Clyburn
Cobb-Hunter            Gamble                 Govan
Harris, J.             Harvin                 Hines, J.
Hines, M.              Howard                 Inabinett
Jennings               Keyserling             Lee
Lloyd                  McCraw                 McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Rhoad                  Rogers
Sandifer               Sheheen                Shissias
Spearman               Stille                 Stoddard
Townsend               Tucker                 White
Wilder                 Wilkes

Total--38

So, the amendment was tabled.

Section 19 as amended was adopted.

SECTION 34--ADOPTED

Debate was resumed on Section 34.

Section 34 was adopted.

SECTION 47--ADOPTED

Debate was resumed on Section 47.

Section 47 was adopted.

SECTION 50--ADOPTED

Debate was resumed on Section 50.

Section 50 was adopted.

SECTION 65--ADOPTED

Debate was resumed on Section 65.

Section 65 was adopted.

Rep. FELDER moved that the House do now adjourn, which was adopted.

MOTION NOTED

Rep. FELDER moved to reconsider the vote whereby Amendment No. 60 was adopted in Section 3B, Part IA and the motion was noted.

MOTION NOTED

Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 3B, 6A, 11, 18A, 19, 34, 47, 50 and 65 were adopted and the motion was noted.

Further proceedings were interrupted by adjournment, the pending question being consideration of the Bill.

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 4668 -- Reps. Spearman, Quinn, Wilkins, Wilkes, G. Brown, Kirsh, Sandifer, Inabinett, Scott, Allison, Walker, Waldrop, Stuart, Stille, Young-Brickell, Neal, Cromer, Shissias, Lloyd, Byrd, Baxley, J. Brown and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE LYNDON AMICK OF BATESBURG FOR WINNING THE DAYTONA USA 200 STOCK CAR RACE HELD ON FRIDAY, FEBRUARY 16, 1996, WHICH AT THE AGE OF EIGHTEEN MAKES HIM THE YOUNGEST DRIVER EVER TO WIN A NASCAR RACE AT DAYTONA.

H. 4680 -- Reps. Marchbanks, Rice, Robinson, Trotter, Cain, Chamblee and Sandifer: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. TULA LOUISE ODOM EDWARDS, WIFE OF ROBERT COOK EDWARDS, FORMER PRESIDENT OF CLEMSON UNIVERSITY, ON THE OCCASION OF THE CELEBRATION OF HER EIGHTIETH BIRTHDAY AND TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY FOR HER SERVICE TO THE STATE AND TO CLEMSON UNIVERSITY.

ADJOURNMENT

At 6:25 P.M. the House in accordance with the motion of Rep. J. YOUNG adjourned in memory of Charles B. Kubala of Sumter, to meet at 9:30 A.M. tomorrow.

* * *

This web page was last updated on Monday, June 29, 2009 at 1:37 P.M.