South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

TUESDAY, MARCH 4, 1997

Tuesday, March 4, 1997
(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:

Lord God, how inclined we are in focusing on things lacking in our lives. It is easy to complain about demands made upon us, to fret about our disappointments, and thus miss the blessing of living. Grant us Your help, then, to live this day and every day with thankful hearts, to take a grateful look at the good things in our lives and in the world around. Be merciful to our mistakes, forgive our wrongs, and help us celebrate our accomplishments.
Give us the determination to make our public worship shape our public lives. 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. BROWN moved that when the House adjourns, it adjourn in memory of Lt. Col. Dorcas J. Elledge (retired) of Ware Shoals, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3589 (Word version) -- Reps. Bauer, F. Smith, J. Smith, Koon, Scott, Edge, Hawkins, Knotts, Quinn, Lloyd, Inabinett, Witherspoon, Gamble, Riser, Spearman, Byrd, Mack, Battle, McLeod, Bowers, Barfield and Limehouse: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 53 SO AS TO PROVIDE THE ISSUANCE OF "LAKE MURRAY" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF FEES COLLECTED.
Referred to Committee on Education and Public Works.

H. 3590 (Word version) -- Reps. Gourdine, Altman, Breeland, Harrell, Cobb-Hunter, Bailey, Inabinett, H. Brown, Hinson, Law, Govan, Chellis, Mack, Stuart, Lloyd, Dantzler, Seithel, Limehouse, Felder, Whatley, Battle, Young-Brickell and Campsen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-708 SO AS TO PROHIBIT IN GAME ZONE 6 THE USE OF ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3591 (Word version) -- Reps. Harrison, D. Smith, Limbaugh, Wilkins, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Bowers, G. Brown, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Harrell, Harvin, Haskins, Hawkins, Hinson, Jennings, Jordan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Maddox, Mason, McCraw, McKay, McMaster, Neilson, Phillips, Quinn, Rice, Riser, Robinson, Sandifer, Seithel, Sharpe, Simrill, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilkes, Witherspoon, Woodrum, Young, Young-Brickell and Martin: A BILL TO AMEND TITLE 28, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMINENT DOMAIN, BY ADDING CHAPTER 4 SO AS TO ENACT THE "SOUTH CAROLINA PROPERTY RIGHTS ACT".
Referred to Committee on Judiciary.

CONCURRENT RESOLUTION

The following was introduced:

H. 3592 (Word version) -- Rep. Bailey: A CONCURRENT RESOLUTION TO RECOGNIZE FLAT STANLEY FOR VISITING THE SOUTH CAROLINA GENERAL ASSEMBLY ON TUESDAY, FEBRUARY 25, 1997, AND FOR SPENDING THE ENTIRE DAY WITH REPRESENTATIVE GEORGE H. BAILEY AND OTHER MEMBERS OF THE GENERAL ASSEMBLY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.

ROLL CALL

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

Allison                   Altman                    Askins
Barfield                  Barrett                   Battle
Bauer                     Baxley                    Boan
Bowers                    Breeland                  Brown, H.
Brown, J.                 Campsen                   Cato
Cave                      Chellis                   Cobb-Hunter
Cooper                    Cotty                     Cromer
Dantzler                  Edge                      Felder
Fleming                   Gamble                    Gourdine
Govan                     Hamilton                  Harrell
Harrison                  Harvin                    Haskins
Hawkins                   Hinson                    Hodges
Inabinett                 Jordan                    Keegan
Kelley                    Kinon                     Kirsh
Klauber                   Knotts                    Koon
Leach                     Lee                       Littlejohn
Lloyd                     Loftis                    Maddox
Martin                    Mason                     McCraw
McKay                     McLeod                    McMahand
McMaster                  Meacham                   Moody-Lawrence
Mullen                    Neilson                   Parks
Phillips                  Pinckney                  Rhoad
Rice                      Riser                     Rodgers
Sandifer                  Sharpe                    Sheheen
Smith, D.                 Smith, J.                 Smith, R.
Stille                    Stoddard                  Stuart
Townsend                  Trotter                   Vaughn
Walker                    Webb                      Whatley
Wilder                    Wilkins                   Witherspoon
Woodrum                   Young                     Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 4.

James N. Law                       Steve P. Lanford
Leon Howard                        Richard M. Quinn, Jr.
J. Gary Simrill                    William Clyburn
Kenneth Kennedy                    Alma W. Byrd
Mack T. Hines                      Jackson S. Whipper
L. Hunter Limbaugh                 George H. Bailey
Jesse E. Hines                     F.G. Delleney, Jr.
Douglas Jennings, Jr.              Molly M. Spearman
H.B. Limehouse III                 Timothy C. Wilkes
Joseph H. Neal                     Marion P. Carnell
Daniel L. Tripp                    Ralph W. Canty
John L. Scott, Jr.                 G. Ralph Davenport, Jr.
Scott Beck                         Theodore A. Brown
Michael E. Easterday               Lynn Seithel
Vida Osteen Miller                 Alfred B. Robinson, Jr.
David James Mack III               Fletcher Nathaniel Smith, Jr.
Grady A. Brown

Total Present--123

LEAVES OF ABSENCE

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

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

DOCTOR OF THE DAY

Announcement was made that Dr. Conyers O'Bryan of Florence is the Doctor of the Day for the General Assembly.

H. 3400--AMENDED AND INTERRUPTED DEBATE

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

H. 3400 -- GENERAL APPROPRIATION BILL

PART IA

SECTION 19--AMENDED AND ADOPTED

Debate was resumed on Section 19.

Rep. J. SMITH proposed the following Amendment No. 2 (Doc Name P:\AMEND\008\FULLIMPKIND8), which was tabled.
Amend the bill, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 15, line 22, opposite /FULL DAY KINDERGARTEN/ by increasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   13,767,686   13,767,686

()   ()/
Amend the bill further, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 15, line 23, opposite /FULL DAY - FRINGE BENEFITS/ by increasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   3,719,380   3,719,380

()   ()/
Amend the bill further, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 7, line 2, opposite /FULL DAY KINDERGARTEN TEACHER SALARY/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6
/   621,069/
Amend the bill further, as and if amended, Part IA, Section 19, DEPARTMENT OF EDUCATION, page 7, line 3, opposite /FULL DAY - FRINGE BENEFITS/ by increasing the amount(s) in Column 5 by:

Column 5   Column 6
/   107,669/
Renumber sections and amend totals/title to conform.

Rep. J. SMITH explained the amendment.
Rep. HOWARD spoke in favor of the amendment.
Reps. LITTLEJOHN and D. SMITH spoke against the amendment.
Rep. HARRELL moved to table the amendment.

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

Yeas 71; Nays 41

Those who voted in the affirmative are:

Allison                   Altman                    Askins
Barfield                  Barrett                   Bauer
Beck                      Boan                      Brown, H.
Campsen                   Cato                      Chellis
Cooper                    Cotty                     Dantzler
Easterday                 Edge                      Felder
Fleming                   Gamble                    Hamilton
Harrell                   Harrison                  Haskins
Hawkins                   Hinson                    Jordan
Keegan                    Kelley                    Kinon
Klauber                   Knotts                    Koon
Lanford                   Law                       Leach
Limbaugh                  Limehouse                 Littlejohn
Loftis                    Martin                    Mason
McKay                     McMaster                  Meacham
Neilson                   Quinn                     Rhoad
Rice                      Riser                     Robinson
Rodgers                   Seithel                   Sharpe
Simrill                   Smith, D.                 Smith, R.
Stille                    Stuart                    Townsend
Tripp                     Trotter                   Vaughn
Walker                    Webb                      Whatley
Wilkins                   Witherspoon               Woodrum
Young                     Young-Brickell

Total--71

Those who voted in the negative are:

Battle                    Baxley                    Bowers
Breeland                  Brown, G.                 Brown, J.
Cave                      Clyburn                   Cobb-Hunter
Cromer                    Gourdine                  Govan
Harvin                    Hines, J.                 Hines, M.
Hodges                    Howard                    Inabinett
Jennings                  Kennedy                   Kirsh
Lee                       Lloyd                     Mack
Maddox                    McCraw                    McLeod
McMahand                  Miller                    Moody-Lawrence
Mullen                    Neal                      Parks
Phillips                  Pinckney                  Scott
Sheheen                   Smith, F.                 Smith, J.
Stoddard                  Wilder

Total--41

So, the amendment was tabled.

Reps. BAXLEY, NEILSON and J. HINES proposed the following Amendment No. 90 (Doc Name P:\AMEND\008\GOVMS.008), which was tabled.
Amend the bill, as and if amended, Part IA, Section 19, Dept. Of Education, page 14, line 37, opposite /OTHER OPERATING EXPENSES/ by increasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   $300,000   $300,000/
Renumber sections and amend totals/title to conform.

Rep. BAXLEY explained the amendment.

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

Yeas 74; Nays 32

Those who voted in the affirmative are:

Allison                   Altman                    Askins
Barfield                  Barrett                   Battle
Bauer                     Beck                      Boan
Brown, H.                 Campsen                   Cato
Chellis                   Cooper                    Cotty
Cromer                    Dantzler                  Easterday
Edge                      Felder                    Fleming
Gamble                    Hamilton                  Harrell
Harrison                  Hawkins                   Hinson
Jordan                    Keegan                    Kelley
Kennedy                   Kirsh                     Klauber
Knotts                    Koon                      Lanford
Law                       Leach                     Limbaugh
Limehouse                 Littlejohn                Loftis
Martin                    Mason                     McKay
McMaster                  Meacham                   Miller
Mullen                    Quinn                     Rhoad
Rice                      Riser                     Rodgers
Seithel                   Sharpe                    Sheheen
Simrill                   Smith, D.                 Smith, R.
Stille                    Stuart                    Townsend
Trotter                   Vaughn                    Walker
Webb                      Whatley                   Wilder
Wilkins                   Witherspoon               Woodrum
Young                     Young-Brickell

Total--74

Those who voted in the negative are:

Baxley                    Breeland                  Brown, G.
Brown, J.                 Byrd                      Cave
Clyburn                   Cobb-Hunter               Gourdine
Govan                     Harvin                    Haskins
Hines, J.                 Hines, M.                 Hodges
Inabinett                 Jennings                  Kinon
Lee                       Lloyd                     Maddox
McLeod                    McMahand                  Moody-Lawrence
Neal                      Neilson                   Parks
Phillips                  Pinckney                  Scott
Stoddard                  Wilkes

Total--32

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 103 (Doc Name P:\AMEND\008\DARSEG.008), which was adopted.
Amend the bill, as and if amended, Part IA, Section 19, Dept. Of Education, page 16, line 36, opposite /DARLINGTON DESEGREGATION/ by decreasing the amount(s) in Column 5 and 6 by:

Column 1   Column 2
/   $500,000   $500,000/
Amend the bill further, as and if amended, Part IA, Section 19, Dept. Of Education, page 2, line 1, opposite /INSTRUCTIONAL MATERIAL/ by increasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   $500,000   $500,000/
Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.
Rep. HARRELL spoke in favor of the amendment.
The amendment was then adopted.

Section 19 as amended was adopted.

SECTION 18C--ADOPTED

Rep. STILLE proposed the following Amendment No. 120 (Doc Name P:\AMEND\007\18C$FTE.007), which was tabled.
Amend the bill, as and if amended, Part IA, Section 18C, The Citadel, page 33, lines 6-7, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   $942,634   $942,634

(14.00)   (14.00)/
Amend the bill further, as and if amended, Part IA, Section 18C, The Citadel, page 40, line 32, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   $329,910   $329,910/
Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment.

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

Yeas 93; Nays 15

Those who voted in the affirmative are:

Allison                   Altman                    Askins
Bailey                    Barfield                  Barrett
Battle                    Bauer                     Baxley
Boan                      Bowers                    Breeland
Brown, G.                 Brown, H.                 Brown, J.
Byrd                      Campsen                   Cato
Cave                      Chellis                   Clyburn
Cobb-Hunter               Cotty                     Cromer
Delleney                  Edge                      Felder
Fleming                   Gamble                    Gourdine
Hamilton                  Harrell                   Harrison
Harvin                    Haskins                   Hawkins
Hines, J.                 Hines, M.                 Hinson
Hodges                    Inabinett                 Jennings
Jordan                    Keegan                    Kelley
Kennedy                   Kinon                     Knotts
Koon                      Law                       Leach
Lee                       Limbaugh                  Limehouse
Lloyd                     Mack                      Mason
McCraw                    McKay                     McLeod
McMaster                  Miller                    Moody-Lawrence
Mullen                    Neal                      Neilson
Parks                     Phillips                  Pinckney
Quinn                     Rhoad                     Riser
Robinson                  Rodgers                   Sandifer
Scott                     Seithel                   Sharpe
Sheheen                   Smith, D.                 Smith, J.
Smith, R.                 Spearman                  Stuart
Webb                      Whatley                   Whipper
Wilder                    Wilkes                    Wilkins
Woodrum                   Young                     Young-Brickell

Total--93

Those who voted in the negative are:

Dantzler                  Kirsh                     Klauber
Littlejohn                Loftis                    Maddox
Meacham                   Rice                      Simrill
Smith, F.                 Stoddard                  Townsend
Trotter                   Vaughn                    Walker

Total--15

So, the amendment was tabled.

Section 18C was adopted.

SECTION 18D--ADOPTED

Rep. STILLE proposed the following Amendment No. 150 (Doc Name P:\AMEND\007\18D$FTE.007), which was tabled.
Amend the bill, as and if amended, Part IA, Section 18D, Clemson University, page 42, line 6-7, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   9,288,895   9,288,895

(115.00)   (115.00)/
Amend the bill further, as and if amended, Part IA, Section 18D, Clemson University, page 47, line 39, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   $3,220,000   $3,220,000/
Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. STILLE continued speaking.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to.

Section 18D was adopted.

SPEAKER IN CHAIR

SECTION 18E--ADOPTED

Section 18E was adopted.

SECTION 18F

Section 18F was adopted.

SECTION 18G

Section 18G was adopted.

SECTION 18H

Section 18H was adopted.

SECTION 18J

Section 18J was adopted.

SECTION 18KA--ADOPTED

Rep. STILLE proposed the following Amendment No. 126 (Doc Name P:\AMEND\007\18KA$FTE.007), which was tabled.
Amend the bill, as and if amended, Part IA, Section 18KA, University of South Carolina, page 68, line 8-9, opposite /UNCLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   $17,028,480   $17,028,480

(245.00)   (245.00)/
Amend the bill further, as and if amended, Part IA, Section 18KA, University of South Carolina, page 70, line 12, opposite /EMPLOYER CONTRIBUTIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   $5,959,870   $5,959,870/
Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.
Rep. CROMER spoke against the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.

Section 18KA was adopted.

SECTION 18KB

Section 18KB was adopted.

SECTION 18KC

Section 18KC was adopted.

SECTION 18KD

Section 18KD was adopted.

SECTION 18KE

Section 18KE was adopted.

SECTION 18KF

Section 18KF was adopted.

SECTION 18KG

Section 18KG was adopted.

SECTION 18KH

Section 18KH was adopted.

SECTION 18L

Section 18L was adopted.

SECTION 18N

Rep. STILLE explained the section.
Section 18N was adopted.

SECTION 31

Section 31 was adopted.

SECTION 35

Section 35 was adopted.

MOTION NOTED

Rep. NEILSON moved to reconsider the vote whereby Amendment No. 103 in Section 19 was adopted and the motion was noted.

SECTION 49--ADOPTED

Rep. BOWERS proposed the following Amendment No. 110 (Doc Name P:\AMEND\001\49$PSE.001), which was tabled.
Amend the bill further, as and if amended, Part IA, Section 49, Parks, Recreation and Tourism, page 240, immediately after line 18, By inserting a new line to read:

Column 5   Column 6
/SPECIAL ITEM:
PARK SUPPORT
ENDOWMENT   $50,000/
Renumber sections and amend totals/title to conform.

Rep. BOWERS explained the amendment.
Rep. KOON moved to table the amendment, which was agreed to by a division vote of 59 to 28.

Section 49 was adopted.

SECTION 50--ADOPTED

Debate was resumed on Section 50.
Section 50 was adopted.

SECTION 51--ADOPTED

Section 51 was adopted.

SECTION 4B--ADOPTED

Section 4B was adopted.

SECTION 14--AMENDED AND ADOPTED

Debate was resumed on Section 14.

Reps. KNOTTS, BAUER, TROTTER, RISER, STUART, WHATLEY, KOON, KLAUBER and LIMBAUGH proposed the following Amendment No. 137 (Doc Name P:\AMEND\001\14$AIH.001), which was adopted.
Amend the bill, as and if amended, Part IA, Section 14, Comm. On Indigent Defense, page 275, line 5, opposite /CLASSIFIED POSITIONS/ by decreasing the amount(s) in Column 5 and 6 by:

Column 5   Column 6
/   $39,152   $39,152/
Amend the bill further, as and if amended, Part IA, Section 14, Comm. On Indigent Defense, page 275, immediately after line 29, By inserting a new line to read:

Column 5   Column 6
/LEXINGTON COUNTY
SHERIFF'S ALTERNATIVE INMATE
HOUSING PILOT PROJECT   $39,152   $39,152/
Renumber sections and amend totals/title to conform.

Rep. KNOTTS explained the amendment.
Rep. QUINN spoke in favor of the amendment.
The amendment was then adopted.

Section 14 as amended was adopted.

SECTION 34--ADOPTED

Debate was resumed on Section 34.
Section 34 was adopted.

SECTION 68A--ADOPTED

Section 68A was adopted.

SECTION 68B--ADOPTED

Section 68B was adopted.

PART IB

SECTION 18A--ADOPTED

Debate was resumed on Section 18A.

Rep. KIRSH proposed the following Amendment No. 89 (Doc Name P:\AMEND\007\18SINLGE.007), which was tabled.
Amend the bill, as and if amended, Part IB, Section 18A, Commission on Higher Ed, page 441, paragraph 18, line 26 - to end, by striking:/Delete entire proviso/
Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.
Rep. LITTLEJOHN moved to table the amendment, which was agreed to by a division vote of 62 to 19.

Rep. KIRSH proposed the following Amendment No. 87 (Doc Name P:\AMEND\007\18OUTSTA.007), which was tabled.
Amend the bill, as and if amended, Part IB, Section 18A, CHE, page 443, paragraph 19, line 35, by inserting:
/maintain one hundred percent of the total education and general cost for out-of-state undergraduate and out-of-state graduate students./
Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.
Rep. BOAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 69 to 21.

Rep. HODGES proposed the following Amendment No. 104 (Doc Name P:\AMEND\007\18AHEPI2.007), which was tabled.
Amend the bill, as and if amended, Part IB, Section 18A, CHE, page 444, paragraph 26, line 29, by adding an appropriately numbered paragraph to read:
/THE COMMISSION ON HIGHER EDUCATION SHALL NOT ALLOCATE FORMULA FUNDS TO HIGHER EDUCATION INSTITUTIONS THAT INCREASE EDUCATIONAL AND GENERAL OPERATIONAL FEES FOR UNDERGRADUATE IN-STATE STUDENTS ABOVE THE PRIOR 2-YEAR AVERAGE OF THE HIGHER EDUCATION PRICE INDEX FOR COLLEGES AND UNIVERSITIES FOR FALL 1997./
Renumber sections and amend totals/title to conform.

Rep. HODGES explained the amendment.
Rep. BOAN spoke against the amendment.
Rep. HODGES spoke in favor of the amendment.
Rep. BOAN moved to table the amendment.

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

Yeas 66; Nays 46

Those who voted in the affirmative are:

Allison                   Altman                    Askins
Bailey                    Barfield                  Barrett
Bauer                     Beck                      Boan
Brown, H.                 Campsen                   Carnell
Cato                      Chellis                   Clyburn
Cooper                    Cotty                     Dantzler
Easterday                 Edge                      Felder
Fleming                   Gamble                    Hamilton
Harrell                   Haskins                   Hawkins
Hinson                    Jordan                    Keegan
Kennedy                   Knotts                    Koon
Lanford                   Law                       Leach
Limbaugh                  Limehouse                 Loftis
Martin                    Mason                     McKay
McMaster                  Neilson                   Phillips
Rhoad                     Rice                      Riser
Robinson                  Rodgers                   Sandifer
Seithel                   Sharpe                    Smith, D.
Spearman                  Stuart                    Tripp
Trotter                   Vaughn                    Webb
Whatley                   Wilkins                   Witherspoon
Woodrum                   Young                     Young-Brickell

Total--66

Those who voted in the negative are:

Battle                    Baxley                    Bowers
Breeland                  Brown, G.                 Brown, J.
Brown, T.                 Canty                     Cave
Cobb-Hunter               Delleney                  Gourdine
Hines, J.                 Hines, M.                 Hodges
Inabinett                 Jennings                  Kinon
Kirsh                     Klauber                   Lee
Littlejohn                Lloyd                     Mack
Maddox                    McCraw                    McLeod
McMahand                  Meacham                   Miller
Moody-Lawrence            Neal                      Parks
Pinckney                  Scott                     Sheheen
Simrill                   Smith, F.                 Smith, J.
Stille                    Stoddard                  Townsend
Walker                    Whipper                   Wilder
Wilkes

Total--46

So, the amendment was tabled.

Section 18A was adopted.

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

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

SECTION 30--INTERRUPTED DEBATE

Debate was resumed on Section 30.

Rep. KIRSH proposed the following Amendment No. 142 (Doc Name P:\AMEND\002\RAPECRI.002), which was tabled.
Amend the bill, as and if amended, Part IB, Section 30, DHEC, page 453, paragraph 11, lines 9 to 13, by striking the proviso in its entirety.
Amend further on page 459, line 30 by adding an appropriately numbered paragraph to read:
/All state, federal and other funds which are distributed to the rape crisis centers around the state shall be distributed based on the following formula: Half of each year's appropriation will be equally allocated to each qualified center. The remaining appropriations will be awarded based equally upon each centers' service area population and square mileage. Expenditures will be monitored by DHEC/
Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.
Rep. FELDER spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. TOWNSEND proposed the following Amendment No. 115 (Doc Name P:\AMEND\005\30PMDR.005), which was tabled.
Amend the bill, as and if amended, Part IB, Section 30, Dept. Of Health and Environmental Control, page 459, line 30, by adding an appropriately numbered paragraph to read:
/(DHEC: DHEC Carry Forward Transfer) of the funds carried forward from FY 96-97, the Department of Health and Environmental Control shall transfer $591,078 to the Comptroller General's Office for reimbursement of Manufacturing Depreciation as follows: $192,212 to Anderson County School District 4, $205,361 Spartanburg School District 6 and $193,505 Lexington School District 1./
Renumber sections and amend totals/title to conform.

Rep. TOWNSEND explained the amendment.
Reps. FELDER and LANFORD spoke against the amendment.
Reps. HAWKINS and TOWNSEND spoke in favor of the amendment.
Rep. LANFORD spoke against the amendment.
Rep. FELDER moved to table the amendment.

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

Yeas 62; Nays 45

Those who voted in the affirmative are:

Askins                    Bailey                    Barfield
Baxley                    Boan                      Bowers
Brown, G.                 Brown, H.                 Campsen
Canty                     Carnell                   Cave
Chellis                   Clyburn                   Cobb-Hunter
Cromer                    Dantzler                  Delleney
Easterday                 Felder                    Gamble
Gourdine                  Hamilton                  Harrell
Haskins                   Hines, J.                 Inabinett
Jennings                  Keegan                    Kennedy
Kinon                     Kirsh                     Lanford
Law                       Leach                     Limbaugh
Limehouse                 Lloyd                     Loftis
McCraw                    McLeod                    Meacham
Moody-Lawrence            Neal                      Neilson
Phillips                  Rhoad                     Rice
Robinson                  Rodgers                   Scott
Sharpe                    Sheheen                   Simrill
Smith, F.                 Smith, J.                 Tripp
Whatley                   Whipper                   Wilkins
Young                     Young-Brickell

Total--62

Those who voted in the negative are:

Allison                   Barrett                   Battle
Bauer                     Beck                      Brown, J.
Brown, T.                 Byrd                      Cooper
Cotty                     Edge                      Fleming
Harrison                  Hawkins                   Hines, M.
Hinson                    Jordan                    Kelley
Klauber                   Knotts                    Koon
Lee                       Littlejohn                Maddox
Martin                    Mason                     McMahand
McMaster                  Miller                    Mullen
Parks                     Riser                     Sandifer
Seithel                   Spearman                  Stille
Stuart                    Townsend                  Trotter
Vaughn                    Walker                    Webb
Wilder                    Witherspoon               Woodrum

Total--45

So, the amendment was tabled.

Rep. H. BROWN moved that the House recede until 2:30 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Section 30, Part IB.

THE HOUSE RESUMES

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

POINT OF QUORUM

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

LEAVES OF ABSENCE

The SPEAKER granted Reps. CANTY and G. BROWN a leave of absence.

H. 3400--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 30, Part IB.

H. 3400 -- GENERAL APPROPRIATION BILL

SECTION 30--ADOPTED

Debate was resumed on Section 30.

Rep. TOWNSEND proposed the following Amendment No. 171 (Doc Name P:\AMEND\005\31PMDR.005), which was rejected.
Amend the bill, as and if amended, Part IB, Section 30, Dept. Of Health and Environmental Control, page 459, line 30, by adding an appropriately numbered paragraph to read:
/(DHEC: DHEC Carry Forward Transfer) of the funds carried forward from FY 96-97, the Department of Health and Environmental Control shall transfer $91,078 to the Comptroller General's Office for reimbursement of Manufacturing Depreciation as follows: $29,612 to Anderson County School District 4, $31,659 Spartanburg School District 6 and $ 29,807 Lexington School District 1./
Renumber sections and amend totals/title to conform.

Rep. TOWNSEND explained the amendment.
Rep. FELDER spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. FELDER moved to table the amendment, which was not agreed to, by a division vote of 44 to 46.
Rep. FELDER spoke against the amendment.
Rep. COOPER spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 43; Nays 62

Those who voted in the affirmative are:

Allison                   Askins                    Barrett
Battle                    Bauer                     Baxley
Brown, T.                 Cooper                    Cotty
Cromer                    Davenport                 Edge
Harrison                  Hawkins                   Jennings
Jordan                    Kelley                    Klauber
Knotts                    Koon                      Lee
Littlejohn                Maddox                    Martin
Mason                     McCraw                    McMaster
Miller                    Mullen                    Parks
Phillips                  Riser                     Sandifer
Smith, D.                 Smith, F.                 Stille
Stuart                    Townsend                  Trotter
Walker                    Webb                      Wilder
Woodrum

Total--43

Those who voted in the negative are:

Altman                    Barfield                  Boan
Breeland                  Brown, H.                 Campsen
Carnell                   Cato                      Cave
Chellis                   Clyburn                   Cobb-Hunter
Dantzler                  Delleney                  Easterday
Felder                    Gamble                    Gourdine
Govan                     Hamilton                  Harrell
Haskins                   Hines, J.                 Hines, M.
Hinson                    Inabinett                 Keegan
Kennedy                   Kinon                     Kirsh
Law                       Leach                     Limehouse
Lloyd                     Loftis                    McKay
McLeod                    Meacham                   Moody-Lawrence
Neal                      Pinckney                  Quinn
Rhoad                     Rice                      Robinson
Rodgers                   Scott                     Seithel
Sharpe                    Sheheen                   Simrill
Smith, J.                 Smith, R.                 Spearman
Stoddard                  Whatley                   Whipper
Wilkes                    Wilkins                   Witherspoon
Young                     Young-Brickell

Total--62

So, the amendment was rejected.

Section 30 was adopted.

SECTION 35--ADOPTED

Rep. FLEMING proposed the following Amendment No. 113 (Doc Name P:\AMEND\003\DSSREP.003), which was tabled.
Amend the bill, as and if amended, Part IB, Section 35, Dept. of Social Services, page 465, line 24, by adding an appropriately numbered paragraph to read:
/Of amounts appropriated for case management of child protective services in dss, an amount equal to $100,000.00 must be transferred for repairs to the dss building in Union County ./
Renumber sections and amend totals/title to conform.

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

Rep. FLEMING proposed the following Amendment No. 144 (Doc Name P:\AMEND\PSD\7116AC.97), which was tabled.
Amend the bill, as and if amended, Part IB, L04 SECTION 35- Department of Social Services, page 462, line 36 before the / . / by inserting, except that of the $800,000, $100,000 must be credited to the Department of Social Services for use by the Union County DSS to repair the roof on the Union County DSS building./
Renumber sections to conform.
Amend totals and title to conform.

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

Section 35 was adopted.

SECTION 26--ADOPTED

Debate was resumed on Section 26.

Rep. KIRSH proposed the following Amendment No. 70 (Doc Name P:\AMEND\005\26P5LIB2.005), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 26, State Library, page 469, paragraph 5, line 20-22, by striking:/ the proviso in its entirety./
Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.
Rep. KOON spoke against the amendment.

POINT OF ORDER

Rep. HARRISON raised a Point of Order that Paragraph 5 of Section 26, page 469, Part IB as well as Amendment No. 70 were not germane.
SPEAKER WILKINS sustained the Point of Order and stated that the paragraph's substantial effect was not germane to the Bill. He therefore ruled Paragraph 5 out of order and ordered it stricken from the Bill. He also ruled Amendment No. 70 out of order.

LEAVE OF ABSENCE

The SPEAKER granted Rep. INABINETT a leave of absence.

AMENDMENT NO. 14--TABLED

Debate was resumed on Amendment No. 14, which was proposed on Monday, March 3, by Rep. HARRISON, et. al.
Rep. HARRISON moved to table the amendment, which was agreed to.

Section 26 was adopted.

SPEAKER PRO TEMPORE IN CHAIR

SECTION 44--AMENDED AND ADOPTED

Debate was resumed on Section 44.

AMENDMENT NO. 55--ADOPTED

Debate was resumed on Amendment No. 55, which was proposed on Monday, March 3, by Rep. BAXLEY.
Rep. BAXLEY explained the amendment.
Rep. KOON spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. KENNEDY spoke against the amendment.
The amendment was then adopted by a division vote of 40 to 32.

Rep. FLEMING proposed the following Amendment No. 145 (Doc Name P:\AMEND\PSD\7117AC.97), which was tabled.
Amend the bill, as and if amended, Part IB, P12-SECTION 44-Forestry Commission, page 471, line 20 by deleting / $20 / and inserting / $5 /.
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. KOON proposed the following Amendment No. 156 (Doc Name P:\AMEND\005\44P4KN.005), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 44, forestry commission, page 471, paragraph 4, line 20, by striking /$250 plus $20/ and inserting /$100 plus $10/
Renumber sections and amend totals/title to conform.

Rep. KOON explained the amendment.

POINT OF ORDER

Rep. SIMRILL raised the Point of Order that Amendment No. 156 was out of order in that it amended a section that no longer existed.
The SPEAKER Pro Tempore HASKINS sustained the Point of Order and ruled it out of order.

AMENDMENT NO. 55--RECONSIDERED AND ADOPTED

Rep. JENNINGS moved to reconsider the vote whereby Amendment No. 55 was adopted.
Rep. SIMRILL moved to table the motion to reconsider.

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

Yeas 45; Nays 54

Those who voted in the affirmative are:

Allison                   Altman                    Askins
Battle                    Baxley                    Boan
Breeland                  Campsen                   Delleney
Harrell                   Haskins                   Hines, J.
Hines, M.                 Inabinett                 Jennings
Kinon                     Kirsh                     Klauber
Lee                       Limbaugh                  Lloyd
Mack                      Maddox                    Martin
McCraw                    McKay                     McLeod
McMahand                  Meacham                   Miller
Neal                      Neilson                   Parks
Phillips                  Quinn                     Seithel
Sheheen                   Simrill                   Smith, F.
Stoddard                  Townsend                  Wilder
Wilkes                    Wilkins                   Woodrum

Total--45

Those who voted in the negative are:

Barfield                  Barrett                   Bauer
Beck                      Bowers                    Brown, H.
Brown, J.                 Carnell                   Cato
Chellis                   Clyburn                   Cobb-Hunter
Cooper                    Cotty                     Dantzler
Davenport                 Easterday                 Edge
Felder                    Gamble                    Gourdine
Hamilton                  Harrison                  Hawkins
Hinson                    Jordan                    Keegan
Kelley                    Kennedy                   Knotts
Koon                      Law                       Leach
Littlejohn                Loftis                    Mason
McMaster                  Rhoad                     Riser
Robinson                  Rodgers                   Sandifer
Scott                     Sharpe                    Smith, R.
Spearman                  Stuart                    Trotter
Vaughn                    Walker                    Webb
Whatley                   Witherspoon               Young-Brickell

Total--54

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider the vote whereby Amendment No. 55 was adopted.

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

Yeas 62; Nays 47

Those who voted in the affirmative are:

Allison                   Bailey                    Barfield
Barrett                   Bauer                     Beck
Bowers                    Brown, H.                 Brown, J.
Brown, T.                 Carnell                   Cato
Cave                      Chellis                   Cotty
Dantzler                  Davenport                 Easterday
Felder                    Gamble                    Gourdine
Govan                     Hamilton                  Harrell
Harrison                  Hinson                    Inabinett
Jordan                    Keegan                    Kelley
Kennedy                   Knotts                    Koon
Lanford                   Law                       Leach
Lee                       Littlejohn                Lloyd
Loftis                    Mason                     McMaster
Neal                      Parks                     Rhoad
Rice                      Riser                     Robinson
Rodgers                   Sandifer                  Scott
Sharpe                    Smith, R.                 Spearman
Stuart                    Trotter                   Vaughn
Walker                    Webb                      Whatley
Witherspoon               Young-Brickell

Total--62

Those who voted in the negative are:

Altman                    Askins                    Battle
Baxley                    Boan                      Breeland
Campsen                   Clyburn                   Cromer
Delleney                  Edge                      Haskins
Hawkins                   Hines, J.                 Hines, M.
Hodges                    Jennings                  Kinon
Kirsh                     Klauber                   Limbaugh
Mack                      Maddox                    Martin
McCraw                    McKay                     McLeod
McMahand                  Meacham                   Miller
Neilson                   Phillips                  Quinn
Seithel                   Sheheen                   Simrill
Smith, D.                 Smith, F.                 Smith, J.
Stille                    Stoddard                  Townsend
Tripp                     Whipper                   Wilder
Wilkes                    Woodrum

Total--47

So, the motion to reconsider was agreed to.

SPEAKER IN CHAIR

Rep. HODGES spoke against the amendment.
Rep. LIMBAUGH spoke in favor of the amendment.
Reps. KOON and RHOAD spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 63; Nays 45

Those who voted in the affirmative are:

Allison                   Altman                    Askins
Battle                    Baxley                    Boan
Campsen                   Cato                      Clyburn
Cotty                     Cromer                    Davenport
Delleney                  Easterday                 Edge
Felder                    Gourdine                  Govan
Hamilton                  Harrell                   Harrison
Haskins                   Hawkins                   Hines, J.
Hines, M.                 Hodges                    Jennings
Jordan                    Kinon                     Kirsh
Klauber                   Limbaugh                  Mack
Maddox                    Martin                    McCraw
McKay                     McLeod                    McMahand
McMaster                  Meacham                   Miller
Neal                      Neilson                   Parks
Phillips                  Quinn                     Robinson
Scott                     Seithel                   Simrill
Smith, D.                 Smith, F.                 Smith, J.
Stille                    Townsend                  Tripp
Whipper                   Wilder                    Wilkes
Wilkins                   Woodrum                   Young

Total--63

Those who voted in the negative are:

Bailey                    Barfield                  Barrett
Bauer                     Beck                      Bowers
Brown, H.                 Brown, J.                 Carnell
Cave                      Chellis                   Dantzler
Gamble                    Hinson                    Howard
Inabinett                 Keegan                    Kennedy
Knotts                    Koon                      Lanford
Law                       Leach                     Lee
Littlejohn                Lloyd                     Loftis
Mason                     Rhoad                     Rice
Riser                     Rodgers                   Sandifer
Sharpe                    Smith, R.                 Spearman
Stoddard                  Stuart                    Trotter
Vaughn                    Walker                    Webb
Whatley                   Witherspoon               Young-Brickell

Total--45

So, the amendment was adopted.

Section 44 as amended was adopted.

SECTION 49--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 74 (Doc Name P:\AMEND\005\49P7PRT.005), which was tabled.
Amend the bill, as and if amended, Part IB, Section 49, Department of Parks, Recreation and Tourism, page 475, paragraph 7, line 2, by adding at the end of the line:
/A report of revenues earned and the disbursement method used for employee pay raises shall be made to the house ways and means committee and the senate finance committee by June 30, 1998. The disbursement method shall include the amount of pay raises given, the manner in which pay raises are distributed, the average percentage awarded, and the highest and lowest percentage given by pay band./
Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.
Rep. KOON spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. KOON spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 61 to 28.

Reps. HODGES, BOAN, BOWERS, PINCKNEY, ROBINSON, KNOTTS, DELLENEY, PARKS and CAVE proposed the following Amendment No. 112 ( Doc Name P:\AMEND\005\49PSP3.005), which was adopted.
Amend the bill, as and if amended, Part IB, Section 49, Parks, Recreation and Tourism, page 475, line 3, by adding an appropriately numbered paragraph to read:
/No funds appropriated or authorized in Part IA shall be utilized for advertising by the S.C. Department of Parks, Recreation and Tourism in the event that a state park is closed or management responsibility is transferred to another entity without the express approval of a majority of the resident senate and a majority of the resident house members of the county delegation in which a state park is located. The department shall develop an implementation plan for each park and, if an effective reduction in the level of services is planned, the department shall review the changes with the county delegation in which the state park is located./
Renumber sections and amend totals/title to conform.

Rep. HODGES explained the amendment.
The amendment was then adopted.

Reps. HODGES, BOAN, BOWERS, PINCKNEY, ROBINSON, KNOTTS and DELLENEY proposed the following Amendment No. 173 ( Doc Name P:\AMEND\005\49PSP10.005), which was adopted.
Amend the bill, as and if amended, Part IB, Section 49, Parks, Recreation and Tourism, page 475, line 3, by adding an appropriately numbered paragraph to read:
/In the event that the department prepares an inventory or analysis of the state parks as part of the programs and services division, it shall submit a copy of the report to each member of the general assembly./
Renumber sections and amend totals/title to conform.

Rep. ROBINSON explained the amendment.
The amendment was then adopted.

Section 49 as amended was adopted.

SECTION 4A--AMENDED AND ADOPTED

Debate was resumed on Section 4A.

Rep. KIRSH proposed the following Amendment No. 77 (Doc Name P:\AMEND\003\JUDGES$.003), which was adopted.
Amend the bill, as and if amended, Part IB, Section 4A, Judicial Department, page 478, paragraph 11, line 35-38, by striking /July 1/ and inserting /November 1/
Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.

Section 4A as amended was adopted.

SECTION 34--ADOPTED

Rep. CROMER proposed the following Amendment No. 49 (Doc Name P:\AMEND\003\DPSTAGS.003), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 34, Dept. Of Public Safety, page 482, line 10, by adding an appropriately numbered paragraph to read:
/Designs and logos on South Carolina license plates shall have the approval of the General Assembly/
Renumber sections and amend totals/title to conform.

Rep. CROMER explained the amendment.

POINT OF ORDER

Rep. QUINN raised a Point of Order that Amendment No. 49 was out of order.
SPEAKER HASKINS sustained the Point of Order and ruled it out of order.

Section 34 was adopted.

SECTION 43--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 81 (Doc Name P:\AMEND\003\CCATEAM1.003), which was adopted.
Amend the bill, as and if amended, Part IB, Section 43, Dept. Of Juvenile Justice, page 485, paragraph 10, line 15-22, by deleting the entire paragraph.
Renumber sections and amend totals/title to conform.

Rep. KIRSH explained the amendment.
The amendment was then adopted.

Rep. JENNINGS proposed the following Amendment No. 160 (Doc Name P:\AMEND\003\CCAK1.003), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 43, Dept. of Juvenile Justice, page 485, after line 22, by adding an appropriately numbered paragraph to read:
/For the two proposed wilderness camps in Bennettsville, South Carolina, Corrections Corporation of America (CCA) shall give the state of South Carolina the first right of refusal with regard to the purchase of the title to the property on which the wilderness camps are located./
Renumber sections and amend totals/title to conform.

Rep. HODGES explained the amendment.

POINT OF ORDER

Rep. QUINN raised the Point of Order that Amendment No. 160 was not germane.
SPEAKER WILKINS sustained the Point of Order and ruled it out of order.

Section 43 as amended was adopted.

SECTION 65--ADOPTED

Debate was resumed on Section 65.
Section 65 was adopted.

SECTION 3--ADOPTED

AMENDMENT NO. 15--DEBATE ADJOURNED

Rep. STILLE proposed the following Amendment No. 15 (Doc Name P:\AMEND\002\2BB.002).
Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 499, line 11, by adding an appropriately numbered paragraph to read:
/The House Ways and Means Committee shall implement a zero base budget review process for all agencies receiving funding in the annual General Appropriations Act. The committee shall implement the process in a form and under such conditions as the Committee deems appropriate in the preparation of the annual appropriations bills. The process shall focus on the review, evaluation and analysis on all proposed expenditures rather than simply on increases above the current year's expenditure levels. All agencies receiving appropriations or authorizations to spend funds in the annual appropriations act are required to prepare budget decision making packages which rank order all activities of the agency. The agency shall rank the decision making packages against all of the agency programs, and shall include recommendations for funding the agency's programs at a level less than the current year's funding as identified by the Ways and Means Committee, for example 98% of the current year's funding level. All unnecessary or low priority programs identified through this zero base budget process within a functional area shall be used first by the budget subcommittees to fund increases requested by agencies assigned to the subcommittee./
Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. STILLE spoke in favor of the amendment.
Rep. ROBINSON moved to table the amendment.

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

Yeas 29; Nays 78

Those who voted in the affirmative are:

Altman                    Askins                    Bauer
Beck                      Boan                      Bowers
Brown, H.                 Carnell                   Cotty
Felder                    Harrell                   Harrison
Hawkins                   Hinson                    Keegan
Kelley                    Koon                      Mason
McMaster                  Pinckney                  Rhoad
Robinson                  Sharpe                    Smith, R.
Spearman                  Stuart                    Trotter
Webb                      Wilkins

Total--29

Those who voted in the negative are:

Allison                   Bailey                    Barfield
Barrett                   Battle                    Baxley
Breeland                  Byrd                      Campsen
Cato                      Cave                      Chellis
Clyburn                   Cobb-Hunter               Cromer
Dantzler                  Davenport                 Delleney
Easterday                 Gamble                    Govan
Hamilton                  Haskins                   Hines, J.
Inabinett                 Jennings                  Jordan
Kennedy                   Kinon                     Kirsh
Klauber                   Knotts                    Lanford
Leach                     Lee                       Limbaugh
Limehouse                 Littlejohn                Lloyd
Loftis                    Mack                      Maddox
Martin                    McCraw                    McKay
McLeod                    McMahand                  Meacham
Miller                    Moody-Lawrence            Mullen
Neal                      Neilson                   Phillips
Rice                      Riser                     Rodgers
Sandifer                  Scott                     Seithel
Sheheen                   Simrill                   Smith, D.
Smith, F.                 Smith, J.                 Stille
Stoddard                  Townsend                  Tripp
Vaughn                    Walker                    Whatley
Wilder                    Wilkes                    Witherspoon
Woodrum                   Young                     Young-Brickell

Total--78

So, the House refused to table the amendment.

Rep. WALKER moved to adjourn debate upon the amendment, which was adopted.

Rep. SCOTT proposed the following Amendment No. 39 (Doc Name P:\AMEND\006\3POR.006), which was tabled.
Amend the bill, as and if amended, Part IB, Section 3, Legislative Dept. - House, page 499, line 11, by adding an appropriately numbered paragraph to read:
/from the funds appropriated in Section 3B, Legislative Dept. - House of Representatives, for approved accounts, an amount not to exceed $29,000 shall be provided to pay for portraits. The Clerk of the House of Representatives is authorized to select an artist to paint the portraits of The Late Honorable Samuel J. Lee and The Late Honorable Robert Brown Elliott and insure they are placed appropriately in the Hall of the House of Representatives upon their completion./
Renumber sections and amend totals/title to conform.

Rep. SCOTT explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKINS spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. WILKINS spoke against the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.

SPEAKER IN CHAIR

LEAVES OF ABSENCE

The SPEAKER granted Reps. YOUNG and WOODRUM a temporary leave of absence.

AMENDMENT NO. 15--TABLED
Debate was resumed on Amendment No. 15, by Rep. STILLE.
Rep. STILLE moved to table the amendment, which was agreed to.

Section 3 was adopted.

SECTION 17C--AMENDED AND ADOPTED

Debate was resumed on Section 17C.

Reps. KNOTTS, DAVENPORT and MARTIN proposed the following Amendment No. 155 (Doc Name P:\AMEND\006\17CK13.006.006), which was rejected.
Amend the bill, as and if amended, Part IB, Section 17C, B&C Board-Budget & Analysis, page 512, paragraph 13, by inserting:
/line 27, after "employees" the words "and unclassified executive compensation system employees"
Amend the bill, as and if amended, Part IB, Section, page 512, paragraph 13, line 29, by deleting," or unclassified executive compensation system employees"
Amend the bill, as and if amended, Part IB, Section17C, page 512, paragraph 13, line 42, by adding:
/after the word "range" the words,"or have their compensation increased greater than 2.5%"./

Rep. KNOTTS explained the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Reps. VAUGHN and H. BROWN spoke against the amendment.
Rep. ROBINSON moved to table the amendment.

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

Yeas 49; Nays 54

Those who voted in the affirmative are:

Altman                    Baxley                    Beck
Boan                      Bowers                    Brown, H.
Campsen                   Carnell                   Cato
Chellis                   Cotty                     Cromer
Dantzler                  Easterday                 Edge
Felder                    Gamble                    Gourdine
Harrell                   Hawkins                   Hinson
Inabinett                 Jennings                  Keegan
Kelley                    Kinon                     Koon
Law                       Leach                     Limbaugh
Mason                     McCraw                    McKay
McMaster                  Meacham                   Moody-Lawrence
Neilson                   Quinn                     Riser
Robinson                  Sandifer                  Sharpe
Smith, R.                 Spearman                  Stoddard
Vaughn                    Webb                      Wilkins
Witherspoon

Total--49

Those who voted in the negative are:

Allison                   Askins                    Bailey
Barfield                  Barrett                   Battle
Bauer                     Breeland                  Brown, J.
Brown, T.                 Byrd                      Cave
Clyburn                   Cobb-Hunter               Cooper
Davenport                 Delleney                  Govan
Hamilton                  Hines, J.                 Howard
Kirsh                     Klauber                   Knotts
Lanford                   Limehouse                 Littlejohn
Lloyd                     Loftis                    Mack
Martin                    McLeod                    McMahand
Neal                      Parks                     Phillips
Pinckney                  Rice                      Rodgers
Scott                     Seithel                   Sheheen
Simrill                   Smith, F.                 Smith, J.
Stuart                    Townsend                  Trotter
Walker                    Whatley                   Whipper
Wilder                    Wilkes                    Young-Brickell

Total--54

So, the House refused to table the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. CHELLIS a leave of absence.

Rep. ROBINSON spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 40; Nays 69

Those who voted in the affirmative are:

Bailey                    Battle                    Bowers
Breeland                  Brown, J.                 Byrd
Cave                      Clyburn                   Cooper
Davenport                 Delleney                  Kirsh
Klauber                   Knotts                    Lanford
Lee                       Littlejohn                Lloyd
Mack                      Martin                    McLeod
McMahand                  Miller                    Parks
Pinckney                  Rodgers                   Seithel
Sheheen                   Simrill                   Smith, F.
Stille                    Stoddard                  Stuart
Townsend                  Trotter                   Walker
Whatley                   Whipper                   Wilder
Young-Brickell

Total--40

Those who voted in the negative are:

Altman                    Askins                    Barfield
Barrett                   Bauer                     Baxley
Beck                      Boan                      Brown, H.
Brown, T.                 Campsen                   Carnell
Cato                      Cobb-Hunter               Cotty
Cromer                    Dantzler                  Easterday
Edge                      Felder                    Gamble
Gourdine                  Hamilton                  Harrell
Harrison                  Haskins                   Hawkins
Hines, J.                 Hinson                    Howard
Jennings                  Jordan                    Keegan
Kelley                    Kinon                     Koon
Law                       Leach                     Limbaugh
Limehouse                 Loftis                    Maddox
Mason                     McCraw                    McKay
McMaster                  Meacham                   Moody-Lawrence
Mullen                    Neal                      Neilson
Phillips                  Quinn                     Rhoad
Rice                      Riser                     Robinson
Sandifer                  Scott                     Sharpe
Smith, D.                 Smith, J.                 Smith, R.
Spearman                  Vaughn                    Webb
Wilkes                    Wilkins                   Witherspoon

Total--69

So, the amendment was rejected.

Rep. GOVAN proposed the following Amendment No. 169 (Doc Name P:\AMEND\006\17CG13.006), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, B&C Board, Division of Budget and Analyses, page 512, paragraph 13, line 28, by striking: /by 3.4% 2.5%/ and inserting: /as follows:
a.   employees with an annual salary less than $15,000 per year shall receive a 3.5% base pay increase;
b.   employees with an annual salary of at least $15,000 but less than $25,000 per year shall receive a 3.0% base pay increase;
c.   employees with an annual salary of at least $25,000 but less than $35,000 per year shall receive a 2.5% base pay increase;
d.   employees with an annual salary of at least $35,000 but less than $50,000 per year shall receive a 2.0% base pay increase; and
e.   employees with an annual salary greater than or equal to $50,000 shall receive a 1.5% base pay increase. /
Renumber sections and amend totals/title to conform.

Rep. GOVAN explained the amendment.
Rep. ROBINSON moved to table the amendment.

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

Yeas 69; Nays 34

Those who voted in the affirmative are:

Allison                   Altman                    Askins
Barfield                  Barrett                   Battle
Beck                      Brown, H.                 Campsen
Carnell                   Cato                      Cooper
Cotty                     Cromer                    Dantzler
Delleney                  Easterday                 Edge
Felder                    Gamble                    Hamilton
Harrell                   Harrison                  Haskins
Hinson                    Jordan                    Keegan
Kelley                    Kinon                     Klauber
Koon                      Lanford                   Law
Leach                     Limbaugh                  Littlejohn
Loftis                    Maddox                    Mason
McCraw                    McKay                     Meacham
Miller                    Mullen                    Phillips
Quinn                     Rhoad                     Riser
Robinson                  Rodgers                   Sandifer
Seithel                   Sharpe                    Sheheen
Smith, D.                 Smith, J.                 Smith, R.
Spearman                  Stuart                    Tripp
Trotter                   Vaughn                    Walker
Webb                      Whatley                   Wilkes
Wilkins                   Witherspoon               Young-Brickell

Total--69

Those who voted in the negative are:

Bailey                    Bauer                     Baxley
Breeland                  Brown, T.                 Byrd
Clyburn                   Davenport                 Gourdine
Govan                     Hines, J.                 Hodges
Inabinett                 Jennings                  Kirsh
Lee                       Lloyd                     Mack
McLeod                    McMahand                  McMaster
Moody-Lawrence            Neal                      Parks
Pinckney                  Rice                      Scott
Simrill                   Smith, F.                 Stille
Stoddard                  Townsend                  Whipper
Wilder

Total--34

So, the amendment was tabled.

AMENDMENT NO. 48--TABLED

Debate was resumed on Amendment No. 48, which was proposed on Monday, March 3, by Rep. PINCKNEY, et al.
Rep. PINCKNEY moved to table the amendment, which was agreed to.

Rep. PINCKNEY proposed the following Amendment No. 184 (Doc Name P:\AMEND\006\17CX13.006.006), which was tabled.
Amend the bill, as and if amended, Part IB, Section 17C, b & cbd - div. of budget analysis, page 512 and 513, paragraph 13, line 24-10, by striking /all references to November 1/ and inserting /July 1//
Add after line 10
8. All agencies shall fund the pay increase within their existing resources for the period July 1, through October 31, 1997 only.
Renumber sections and amend totals/title to conform.

Rep. PINCKNEY explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. ROBINSON spoke against the amendment.
Rep. PINCKNEY spoke in favor of the amendment.
Rep. ROBINSON moved to table the amendment.

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

Yeas 67; Nays 38

Those who voted in the affirmative are:

Allison                   Altman                    Askins
Barrett                   Battle                    Bauer
Beck                      Brown, H.                 Campsen
Carnell                   Cato                      Dantzler
Davenport                 Delleney                  Easterday
Edge                      Felder                    Gamble
Hamilton                  Harrell                   Harrison
Haskins                   Hawkins                   Hinson
Jordan                    Keegan                    Kelley
Kinon                     Klauber                   Koon
Lanford                   Law                       Leach
Lee                       Limbaugh                  Littlejohn
Loftis                    McCraw                    McKay
McMaster                  Meacham                   Miller
Mullen                    Neilson                   Quinn
Rhoad                     Rice                      Riser
Robinson                  Rodgers                   Sandifer
Sharpe                    Simrill                   Smith, R.
Spearman                  Stoddard                  Stuart
Townsend                  Tripp                     Trotter
Vaughn                    Walker                    Webb
Whatley                   Wilkins                   Witherspoon
Young-Brickell

Total--67

Those who voted in the negative are:

Bailey                    Barfield                  Baxley
Bowers                    Breeland                  Brown, J.
Brown, T.                 Byrd                      Clyburn
Cotty                     Cromer                    Gourdine
Govan                     Hines, J.                 Hodges
Inabinett                 Jennings                  Kirsh
Knotts                    Lloyd                     Mack
Maddox                    Martin                    McLeod
McMahand                  Moody-Lawrence            Neal
Parks                     Phillips                  Pinckney
Scott                     Seithel                   Smith, F.
Smith, J.                 Stille                    Whipper
Wilder                    Wilkes

Total--38

So, the amendment was tabled.

Rep. SHEHEEN proposed the following Amendment No. 162 (Doc Name P:\AMEND\006\17CZ13.006), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17C, B & C Board - Div. of Budget & Analyses, Page 512, Paragraph 13, by striking all references to /November/ and inserting:/July/ and amending further to strike all references to /2.5%/ and inserting/ 2.4%/
Amend the bill, as and if amended, Part IB, Section 17C, B & C Board - Div. of Budget & Analyses, Page 513, Paragraph 13,
/, after line 10, by adding:
/8. No employee shall receive above 2.4% or $1,000 whichever is less./
Renumber sections and amend totals/title to conform.

Rep. SHEHEEN explained the amendment.
The amendment was then adopted.

Section 17C as amended was adopted.

SECTION 68A--ADOPTED

Rep. STILLE proposed the following Amendment No. 16 (Doc Name P:\AMEND\006\68A1.006), which was tabled.
Amend the bill, as and if amended, Part IB, Section 68A, Aid to Subdivisions-Comptroller General, page 517, paragraph 1 (salary supplements), line 25, by striking /$15,236/ and inserting /$15,486/
Renumber sections and amend totals/title to conform.

Rep. STILLE explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to by a division vote of 56 to 31.

SPEAKER IN CHAIR

Rep. TOWNSEND proposed the following Amendment No. 179 (Doc Name P:\AMEND\008\19DSEGM2.008), which was tabled.
Amend the bill, as and if amended, Part IB, Section 68A, aid to subdivisions - comptroller general page 517, line 33, by adding an appropriately numbered paragraph to read:
/:(AS-CG Depreciation Reimbursement) The comptroller general is directed to transfer $500,000 of instructional materials funds from Section 19, Textbooks and AV Library to Anderson School district 4, Spartanburg County School District 6 and Lexington County School District 1. The distribution is as follows: $162,600 to Anderson County School District 4, $173,702 to Spartanburg County School District 6 and $163,698 to Lexington County School District 1./
Renumber sections and amend totals/title to conform.

Rep. TOWNSEND explained the amendment.
Rep. ROBINSON spoke against the amendment and moved to table the amendment, which was agreed to.

Reps. TOWNSEND, HODGES, DAVENPORT, LITTLEJOHN, LEE, MARTIN, LANFORD, ALLISON and BATTLE proposed the following Amendment No. 190 (Doc Name P:\AMEND\008\JUDPAY.008), which was tabled.
Amend the bill, as and if amended, Part IB, Section 68A, AID To Subdivisions - Comptroller General, page 517, line 33, by adding an appropriately numbered paragraph to read:
/The Comptroller General is directed to transfer $119,250 from the amounts appropriated to the Judicial Departments for Judicial Pay Increases and distribute to Anderson School District 4, Spartanburg County School District 6 and Lexington County School District 1. The distribution is as follows: $38,756 to Anderson County School District 4, $41,379 to Spartanburg County School District 6 and $39,115 to Lexington County School District 1./
Renumber sections and amend totals/title to conform.

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

Section 68A was adopted.

PART II

SECTION 1

Section 1 was adopted.

SECTION 3

Section 3 was adopted.

SECTION 4

Section 4 was adopted.

SECTION 5

Section 5 was adopted.

SECTION 11--RULED OUT OF ORDER
POINT OF ORDER

Rep. KIRSH raised the Point of Order that Section 11 was not germane.
SPEAKER WILKINS stated that Section 11 did not relate back to a line item in Part IA and sustained the Point of Order and ruled it out of order and ordered it stricken from the Bill.

SECTION 13

Section 13 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 19

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21--DEBATE ADJOURNED
POINT OF ORDER

Rep. KIRSH raised a Point of Order that Section 21 was not germane.
SPEAKER WILKINS stated that Section 21 did relate back to a line item in Part IA, on Page 28, Line 12. He further stated that a similar Point of Order was overruled in March, 1994. Therefore, he overruled the Point of Order.

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

SECTION 23--RULED OUT OF ORDER
POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that Section 23 was not germane.
SPEAKER WILKINS sustained the Point of Order and ruled it out of order and ordered the section stricken from the Bill.

SECTION 25--RULED OUT OF ORDER
POINT OF ORDER

Rep. HASKINS raised the Point of Order that Section 25 was not germane to the Bill in that it did not relate to any line item in Part I of the Bill.
Rep. QUINN argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the section out of order and ordered it stricken from the Bill.

SECTION 26--ADOPTED
POINT OF ORDER

Rep. KIRSH raised a Point of Order that Section 26 was not germane to the Bill in that there was no fiscal impact on the Department of Corrections or the Budget and Control Board.
Rep. QUINN argued contra in that Section 26 specifically related to line items 14 and 42 on pages 296-297, Section 41 in Part I of the Bill.
SPEAKER WILKINS overruled the Point of Order.

Section 26 was adopted.

SECTION 28--ADOPTED
POINT OF ORDER

Rep. KIRSH raised a Point of Order that Section 28 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order in that it did relate to a line item in Part I, specifically line 37 on page 259.

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

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

MOTION NOTED

Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 19, 18C, 18D, 18E, 18F, 18G, 18H, 18J, 18KA, 18KB, 18KC, 18KD, 18KE, 18KF, 18KG, 18KH, 18L, 18N, 31, 35, 49, 50, 51, 4B, 14, 34, 68A, 68B. Part IB, Sections 18A, 30, 35, 26, 44, 49, 4A, 34, 43, 65, 3, 17C, 68A. Part II, Sections 1, 3, 4, 5, 13, 18, 19, 20, 26, 28 and 29 were adopted and the motion was noted.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3559 (Word version) -- Reps. Cooper, Jordan, Maddox, Martin, Stille and Townsend: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING THE ANDERSON COUNTY VOTER REGISTRATION AND ELECTION COMMISSION AND ITS DIRECTOR, MRS. PAN MILLWOOD, AND STAFF FOR BEING HONORED AS THE MOST OUTSTANDING OFFICE FOR 1996 BY THE STATE OF SOUTH CAROLINA ELECTION COMMISSION.

H. 3592 (Word version) -- Rep. Bailey: A CONCURRENT RESOLUTION TO RECOGNIZE FLAT STANLEY FOR VISITING THE SOUTH CAROLINA GENERAL ASSEMBLY ON TUESDAY, FEBRUARY 25, 1997, AND FOR SPENDING THE ENTIRE DAY WITH REPRESENTATIVE GEORGE H. BAILEY AND OTHER MEMBERS OF THE GENERAL ASSEMBLY.

ADJOURNMENT

At 6:50 P.M. the House in accordance with the motion of Rep. J. BROWN adjourned in memory of Lt. Col. Dorcas J. Elledge (retired) of Ware Shoals, to meet at 9:30 A.M. tomorrow.

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