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

WEDNESDAY, MARCH 5, 1997

Wednesday, March 5, 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:

Enable us, Lord, to never take our eyes off Your greatness or to let our paths detour from Your way knowing that when we so do our aims are diminished, our horizons narrowed and our goals minimized. Forbid that we should be cowardly when we should be courageous, confused when we ought to be calm, fickle when we should be faithful. Keep us strong in the Lord and in the power of His might for You are God forever Who will guide our ways. Help us to live in calmness and confidence, in patience and in perseverance, always aware of Your presence which never fails, forgets or forsakes.
Keep clear to us the words of the Psalmist: "The Lord is the Strength of my life." (Psalm 27:1) 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. STODDARD moved that when the House adjourns, it adjourn in memory of Brucie Owings Blakely of Laurens, which was agreed to.

INTRODUCTION OF BILLS

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

H. 3593 (Word version) -- Rep. Limbaugh: A BILL TO AMEND SECTIONS 16-3-1110 AND 16-3-1210, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, SO AS TO PROVIDE THAT THE DEFINITION OF CRIME INCLUDES TERRORISM AS DEFINED BY FEDERAL LAW AND TO PROVIDE THAT CERTAIN VICTIMS OF TERRORISM OUTSIDE THE UNITED STATES MAY FILE FOR BENEFITS WITH THE VICTIM'S COMPENSATION FUND.
Referred to Committee on Judiciary.

H. 3594 (Word version) -- Reps. Chellis, Altman, Bailey, Barfield Barrett, Battle, Bauer, Baxley, Boan, Bowers, H. Brown, J. Brown, T. Brown, Campsen, Cato, Cave, Cobb-Hunter, Cooper, Dantzler, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Haskins, Hawkins, Hinson, Howard, Inabinett, Jordan, Kennedy, Kinon, Kirsh, Klauber, Law, Leach, Lee, Limbaugh, Limehouse, Lloyd, Loftis, Maddox, Martin, Mason, McCraw, Meacham, Miller, Moody-Lawrence, Mullen, Neilson, Pinckney, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Trotter, Walker, Webb, Whatley, Whipper, Wilder, Woodrum, Young and Young-Brickell: A BILL TO AMEND SECTION 59-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES, AUDITS, EVALUATIONS, AND REPORTS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT THE ANNUAL SCHOOL DISTRICT PROGRAMMATIC REPORTS TO THE PARENTS AND CONSTITUENTS OF THE DISTRICT MUST BE PROVIDED ON DECEMBER FIRST OF EACH YEAR RATHER THAN NOVEMBER FIFTEENTH.
Referred to Committee on Education and Public Works.

H. 3595 (Word version) -- Reps. Stuart, Gamble, Knotts, Koon, Riser and Spearman: A BILL TO AMEND SECTION 6-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO REVISE THE MEANING OF THE TERMS "REVENUE BONDS" AND "BONDS"; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO ALLOW LOANS, BONDS, OR NOTES ISSUED TO A JOINT SYSTEM TO BE PAID FROM OTHER FUNDS AS MAY BE AVAILABLE AND TO ALLOW MEMBERS OF A JOINT SYSTEM TO CREATE, AS THEY CONSIDER NECESSARY, ADDITIONAL PROCEDURES WHICH GOVERN THE ISSUANCE OF ANY NOTES OR BONDS; TO AMEND SECTION 6-25-110, RELATING TO AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO ALLOW A JOINT SYSTEM TO USE OTHER SOURCES OF FUNDS AVAILABLE TO IT TO PAY FOR ISSUED BONDS; TO AMEND SECTION 6-25-113, RELATING TO SOURCES FROM WHICH JOINT SYSTEM BONDS ARE PAYABLE, SO AS TO ALLOW A MEMBER COUNTY OR MUNICIPALITY TO PROVIDE A PLEDGE OF ALL OR PART OF ANY REVENUES DERIVED AS PAYMENTS IN LIEU OF TAXES WITH RESPECT TO A PROJECT; TO AMEND SECTION 6-25-120, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO REQUIRE ONLY REVENUES AND OTHER FUNDS AVAILABLE TO THE JOINT SYSTEM TO BE USED TO PAY OR PLEDGED TO THE AMOUNT OF ANY NOTES, OBLIGATIONS, OR BONDS; AND TO AMEND SECTION 6-25-128, RELATING TO CONTRACTS BETWEEN MUNICIPALITIES AND JOINT SYSTEMS, SO AS TO ALLOW A MUNICIPALITY UNDER CONTRACT FOR THE PURCHASE OF CAPACITY AND OUTPUT FROM A JOINT SYSTEM TO PAY FROM REVENUES DERIVED FROM THE OWNERSHIP AND OPERATION OF THE WATER SYSTEM AND FROM OTHER SOURCES OF FUNDS AS MAY BE AVAILABLE, INCLUDING ANY AMOUNTS RECEIVED AS PAYMENTS IN LIEU OF TAXES.
Referred to Committee on Ways and Means.

H. 3596 (Word version) -- Rep. McLeod: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE FROM NINETY TO ONE HUNDRED EIGHTY THE NUMBER OF DAYS OF A MEMBER'S UNUSED SICK LEAVE THAT ARE ADDED TO THE CREDITED SERVICE OF A MEMBER OTHERWISE ELIGIBLE TO RETIRE.
Referred to Committee on Ways and Means.

H. 3597 (Word version) -- Reps. Klauber and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS, JAILS, PROBATIONS, PAROLES, AND PARDONS, BY ADDING SECTION 24-13-70 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS AND AN OPERATOR OF A DETENTION FACILITY SHALL REQUIRE INMATES TO WORK; AND TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO THE DISPOSITION OF WAGES OF PRISONERS ALLOWED TO WORK, SO AS TO REVISE THE WITHHOLDINGS THAT MAY BE MADE FROM AN INMATE'S WAGES; AND TO AMEND SECTION 24-13-80, AS AMENDED, RELATING TO COSTS AN INMATE MAY BE REQUIRED TO REPAY, SO AS TO REVISE THE REPAYMENT PROCEDURE.
Referred to Committee on Judiciary.

S. 402 (Word version) -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL BOARD OF TRUSTEES, TO PROVIDE THAT IF THE NUMBER OF QUALIFIED CANDIDATES OFFERING FOR ELECTION IS EQUAL TO THE NUMBER OF EXISTING VACANCIES, THEN THE CANDIDATES MUST BE DEEMED ELECTED WITHOUT AN ELECTION BEING HELD.
Referred to Laurens Delegation.

CONCURRENT RESOLUTION

The following was introduced:

H. 3598 (Word version) -- Reps. G. Brown, Canty, Neal, Woodrum and Young: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE JOSEPH T. MCELVEEN, JR., OF SUMTER COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, FOR HIS MANY YEARS OF DEVOTED PUBLIC SERVICE.
Whereas, the Honorable Joseph T. McElveen, Jr., represented with great distinction the citizens of District 68 in the House of Representatives from 1987 until 1996; and
Whereas, Joe McElveen has always been a devoted public servant; his intelligence, thoughtfulness, and hard work earned him the respect and admiration of all of his colleagues in the General Assembly; and
Whereas, Joe is a partner in the Sumter law firm of Bryan, Bahnmuller, Goldman, and McElveen and is known throughout the State as a dedicated and excellent lawyer; and
Whereas, Joe has always given freely of his time, talents, and energy to civic causes; he was selected as "Optimist of the Year" in 1978 and as Sumter's "Outstanding Young Man" in 1980; and
Whereas, in the House of Representatives he served as Majority Leader and served on the Judiciary Committee; he was Chairman of the Committee on Apprenticeships and Mentorships and Chairman of the South Carolina School-to-Work Advisory Committee; in 1993 he chaired the Welfare Reform Task Force, which developed many welfare reform measures that were enacted into law; he has been recognized by Common Cause for his work in the area of government and judicial reform; the South Carolina Vocational Directors selected him as "Legislator of the Year"; and he has been recognized by the South Carolina Department of Education for his leadership in education; and
Whereas, Joe McElveen has made countless contributions to good government and civic excellence throughout his professional career, and his efforts are greatly appreciated; and
Whereas, we want him to know that he is missed in the General Assembly and that we wish for him success and happiness in all of his endeavors. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank the Honorable Joseph T. McElveen, Jr., of Sumter County, former member of the House of Representatives, for his many years of devoted public service.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Joseph T. McElveen, Jr.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3599 (Word version) -- Reps. Edge, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Boan, Bowers, Breeland, H. Brown, Byrd, Campsen, Canty, Cato, Cave, Chellis, Cobb-Hunter, Cooper, Cotty, Delleney, Easterday, Felder, Gourdine, Govan, Hamilton, Haskins, Hawkins, Hinson, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Lee, Limbaugh, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, McLeod, McMahand, McMaster, Miller, Moody-Lawrence, Parks, Phillips, Pinckney, Quinn, Riser, Robinson, Rodgers, Sandifer, Sheheen, Simrill, D. Smith, F. Smith, Stoddard, Townsend, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Wilkins and Woodrum: A CONCURRENT RESOLUTION CONGRATULATING HEAD COACH EDDIE FOGLER AND THE UNIVERSITY OF SOUTH CAROLINA MEN'S BASKETBALL TEAM ON WINNING THE 1997 SOUTHEASTERN CONFERENCE BASKETBALL CHAMPIONSHIP.
Whereas, the University of South Carolina men's basketball team, under the excellent direction of Head Coach Eddie Fogler, captured the 1997 regular season Southeastern Conference Basketball Championship on Sunday, March 2, 1997, at Rupp Arena on the campus of the University of Kentucky in Lexington, Kentucky; and
Whereas, the Gamecocks defeated the Kentucky Wildcats 72-66 to claim the crown outright, after securing at least a co-championship with a big win over the Vanderbilt University Commodores on Wednesday, February 26, 1997, in Columbia; and
Whereas, the Gamecocks finished the SEC regular season with an amazing 15-1 conference record, finishing 8-0 at home and 7-1 against SEC opponents on the road; and
Whereas, the State of South Carolina is jubilant over the Gamecocks' superb victory over Kentucky at Lexington; Gamecock interest is at a fever pitch once again after the glory days of Frank McGuire in the 1960's and 1970's; there seems to be no hurdle too high for the student-athletes on the USC basketball team; and the citizens of the Palmetto State are truly grateful for the honor that these outstanding and talented young men have brought to all South Carolinians through their accomplishments. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, congratulates Head Coach Eddie Fogler and the University of South Carolina men's basketball team on winning the 1997 Southeastern Conference Basketball Championship.
Be it further resolved that a copy of this resolution be forwarded to the men's basketball team at the University of South Carolina, in care of Head Coach Eddie Fogler.

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

ACTING SPEAKER CATO IN CHAIR

ROLL CALL

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

Allison                   Altman                    Barfield
Barrett                   Battle                    Bauer
Baxley                    Bowers                    Breeland
Brown, G.                 Brown, H.                 Brown, J.
Campsen                   Carnell                   Cato
Cave                      Chellis                   Cobb-Hunter
Cooper                    Cotty                     Cromer
Dantzler                  Delleney                  Edge
Felder                    Fleming                   Gamble
Gourdine                  Hamilton                  Harrell
Harvin                    Haskins                   Hawkins
Hines, J.                 Hines, M.                 Hinson
Hodges                    Howard                    Inabinett
Jennings                  Jordan                    Keegan
Kelley                    Kennedy                   Kinon
Kirsh                     Klauber                   Knotts
Koon                      Leach                     Lee
Limbaugh                  Limehouse                 Littlejohn
Lloyd                     Loftis                    Mack
Maddox                    Martin                    Mason
McCraw                    McKay                     McLeod
McMahand                  McMaster                  Miller
Moody-Lawrence            Mullen                    Neilson
Parks                     Pinckney                  Rhoad
Rice                      Rodgers                   Sandifer
Scott                     Seithel                   Sharpe
Sheheen                   Simrill                   Smith, D.
Smith, F.                 Smith, J.                 Smith, R.
Spearman                  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 Wednesday, March 5.

James H. Harrison                  Joseph H. Neal
Alfred B. Robinson, Jr.            Michael E. Easterday
James N. Law                       John W. Riser
George H. Bailey                   Scott Beck
Jackson S. Whipper                 Timothy C. Wilkes
Steve P. Lanford                   Richard M. Quinn, Jr.
Jerry N. Govan, Jr.                Alma W. Byrd
Olin R. Phillips                   Ralph W. Canty
Becky Meacham                      William D. Boan
Harry R. Askins                    Daniel L. Tripp
William Clyburn                    G. Ralph Davenport, Jr.
Theodore A. Brown

Total Present--123

STATEMENT OF ATTENDANCE

Rep. KIRSH signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, February 26.

SPEAKER IN CHAIR

DOCTOR OF THE DAY

Announcement was made that Dr. Steven R. Ross 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 II.

H. 3400 -- GENERAL APPROPRIATION BILL

PART II

SECTION 6--AMENDED AND ADOPTED

Rep. JORDAN proposed the following Amendment No. 185 (Doc Name P:\AMEND\DKA\4190MM.97), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 6, page 545, line 5, by inserting before the /./ on line 5 / (to include keyboarding).
Renumber sections to conform.
Amend totals and title to conform.

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

Section 6 as amended was adopted.

SECTION 15--AMENDED AND ADOPTED

Rep. STILLE proposed the following Amendment No. 191 (Doc Name P:\AMEND\JIC\5809HTC.97), which was tabled.
Amend the bill, as and if amended, Part II, Section 15D, page 548, by striking subsections (A) and (B) of Section 12-37-251, beginning on line 36, and inserting:
/(A)   The State Property Tax Relief Fund shall be established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund the State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue and Taxation shall prescribe. Funds distributed to a taxing district as provided in Item (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction
The first one hundred thousand dollars of fair market value of property classified pursuant to Section 12-43-220(c) is exempt from base year millage. For purposes of this exemption, base year millage is the tax millage imposed in the school district for the 1995 property tax year, adjusted as provided in this subsection and subsection (B), for school operations, not including amounts levied for bonded indebtedness and for lease purchase payments for capital construction. In years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue shall prescribe.
(B)   School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year.
There is annually appropriated to the State Property Tax Relief Trust Fund an amount equal to the total general fund revenues appropriated to the fund for fiscal year 1996-97. Reimbursements must be made on a county basis, with each county receiving the total amount received by all school districts in the county for fiscal year 1996-97. Distribution of the county allocation must be made to school districts within the county on a per pupil basis. If amounts received by a district are insufficient to reimburse it fully for the revenue loss, then the base year millage or adjusted base year millage for the tax year must be reduced by an amount sufficient to make up this shortfall. The reimbursement must be paid in the manner provided in Section 12-37-270, except that ninety percent of the reimbursement must be paid no later than december first./
Renumber sections to conform.
Amend totals and 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 85; Nays 18

Those who voted in the affirmative are:

Altman                    Bailey                    Barfield
Barrett                   Battle                    Bauer
Baxley                    Beck                      Bowers
Brown, H.                 Campsen                   Cato
Chellis                   Cotty                     Cromer
Dantzler                  Delleney                  Easterday
Edge                      Felder                    Fleming
Gamble                    Gourdine                  Hamilton
Harrell                   Harrison                  Harvin
Haskins                   Hawkins                   Hines, J.
Hines, M.                 Hinson                    Hodges
Howard                    Jennings                  Keegan
Kelley                    Kinon                     Kirsh
Knotts                    Koon                      Law
Leach                     Lee                       Limbaugh
Limehouse                 Loftis                    Mason
McCraw                    McLeod                    McMahand
McMaster                  Miller                    Mullen
Neilson                   Phillips                  Pinckney
Rhoad                     Rice                      Riser
Robinson                  Sandifer                  Scott
Seithel                   Sharpe                    Sheheen
Simrill                   Smith, D.                 Smith, J.
Smith, R.                 Spearman                  Stoddard
Stuart                    Tripp                     Trotter
Vaughn                    Walker                    Webb
Whatley                   Whipper                   Wilkins
Witherspoon               Woodrum                   Young
Young-Brickell

Total--85

Those who voted in the negative are:

Carnell                   Cobb-Hunter               Cooper
Inabinett                 Jordan                    Kennedy
Klauber                   Littlejohn                Lloyd
Mack                      Martin                    Moody-Lawrence
Neal                      Parks                     Smith, F.
Stille                    Townsend                  Wilder

Total--18

So, the amendment was tabled.
Rep. McLEOD proposed the following Amendment No. 69 (Doc Name P:\AMEND\DKA\4186SD.97), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 15D., Section 12-37-251(B), page 549, by striking subsection (B) which begins on line 7 and inserting:
/(B) School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year on October first./
Renumber sections to conform.
Amend totals and title to conform.

Rep. McLEOD explained the amendment.
Rep. H. BROWN spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. HAWKINS proposed the following Amendment No. 86 (Doc Name P:\AMEND\GJK\20259HTC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 15, by striking Section 12-37-955(B) as contained in subsection F., page 550, beginning on line 27, and inserting:
/(B)   There is established in the State Treasury a fund separate and distinct from the general fund of the State and all other funds styled The Depreciation Property Tax Reimbursement Fund. Annually, the General Assembly shall appropriate to this fund an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of the additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State Reimbursements must be paid from the fund in the manner provided in Section 12-37-270, mutatis mutandis./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HAWKINS explained the amendment.
Rep. ROBINSON moved to table the amendment, which was agreed to.

Rep. HODGES proposed the following Amendment No. 105, which was tabled.
Amend the bill, as and if amended, Part II, Section 15, by striking Section 15 in its entirety and inserting in lieu thereof the following:

/SECTION 15

TO AMEND THE 1976 CODE OF LAWS BY AMENDING SECTION 12-37-251, SO AS TO REVISE THE SCHEDULE FOR REIMBURSEMENT FOR THE RESIDENTIAL HOMESTEAD EXEMPTION; AND TO AMEND SECTION 12-37-935 OF THE 1976 CODE OF LAWS, SO AS TO EXTEND THE PHASE IN PERIOD FOR ADDITIONAL DEPRECIATION FROM THREE TO SIX YEARS.
A.   Subsection (B) of Section 12-37-251 of the 1976 Code of Laws, as last amended by Act 458, is further amended to read:
"(B)   School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year on December first."
B.   Section 12-37-935 of the 1976 Code, as added by Section 8A, Part II, Act 458 of 1996, is amended to read:
"Section 12-37-935.   (A)   Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals, and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State, the original cost must not be reduced more than the percentage provided in the following schedule:
Property Tax Year       Maximum Percentage
Depreciation
Before 1997               80 percent
1997                   83.3 81.65 percent
1998                   86.6 83.3 percent
1999                   84.95 percent
2000                   86.6 percent
2001                   88.25 percent
After 1998 2001             90 percent
(B)   There is established in the State Treasury a trust fund separate and distinct from the general fund of the State and all other funds styled The Depreciation Property Tax Reimbursement Trust Fund. Annually, the General Assembly shall appropriate there is transferred to this trust fund an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of the additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this Section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State. Reimbursements must be paid from the fund in the manner provided in Section 12-37-270, mutatis mutandis.
(C)   This section is effective for property tax years beginning after 1996"
C.   This section takes effect July 1, 1997./

Rep. HODGES explained the amendment.
Rep. ROBINSON spoke against the amendment and moved to table the amendment.

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

Yeas 66; Nays 43

Those who voted in the affirmative are:

Allison                   Bailey                    Barfield
Barrett                   Bauer                     Beck
Brown, H.                 Campsen                   Cato
Chellis                   Cotty                     Cromer
Dantzler                  Delleney                  Easterday
Edge                      Felder                    Fleming
Gamble                    Hamilton                  Harrell
Harrison                  Haskins                   Hawkins
Hinson                    Keegan                    Kirsh
Klauber                   Knotts                    Koon
Law                       Leach                     Limbaugh
Limehouse                 Littlejohn                Loftis
Martin                    Mason                     McKay
McMaster                  Mullen                    Neilson
Quinn                     Rhoad                     Rice
Riser                     Robinson                  Rodgers
Sandifer                  Scott                     Seithel
Sharpe                    Simrill                   Smith, D.
Smith, R.                 Spearman                  Stoddard
Trotter                   Vaughn                    Webb
Whatley                   Wilkins                   Witherspoon
Woodrum                   Young                     Young-Brickell

Total--66

Those who voted in the negative are:

Battle                    Baxley                    Bowers
Breeland                  Brown, J.                 Byrd
Carnell                   Cave                      Clyburn
Cobb-Hunter               Gourdine                  Govan
Harvin                    Hines, J.                 Hines, M.
Hodges                    Howard                    Inabinett
Jennings                  Jordan                    Kennedy
Kinon                     Lee                       Lloyd
Mack                      Maddox                    McCraw
McLeod                    McMahand                  Miller
Moody-Lawrence            Neal                      Parks
Phillips                  Pinckney                  Sheheen
Smith, F.                 Smith, J.                 Stille
Stuart                    Whipper                   Wilder
Wilkes

Total--43

So, the amendment was tabled.

Reps. H. BROWN and ROBINSON proposed the following Amendment No. 172 (Doc Name P:\AMEND\JIC\5808HTC.97), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, BEGINNING ON PAGE 547, BY STRIKING SECTION 15
AND INSERTING:

/ Section 15

TO AMEND THE 1976 CODE BY ADDING SECTION 11-11-150 SO AS TO DELETE FROM CALCULATIONS OF STATE GENERAL FUND REVENUES AMOUNTS NECESSARY IN A FISCAL YEAR TO FUND THE TRUST FUND FOR STATE PROPERTY TAX RELIEF FUND, THE HOMESTEAD EXEMPTION TRUST FUND, THE BUSINESS INVENTORY EXEMPTION REIMBURSEMENT TRUST FUND, AND THE DEPRECIATION PROPERTY TAX REIMBURSEMENT TRUST FUND, TO PROVIDE FOR THE TRANSFER TO THESE FUNDS THE REQUIRED AMOUNTS; TO PROVIDE THAT UNEXPENDED BALANCES IN THESE FUNDS MUST BE TRANSFERRED TO THE GENERAL FUND OF THE STATE, TO MAKE THESE FUNDS UNAVAILABLE FOR APPROPRIATION, TO PROVIDE FOR THE ACCOUNTING FOR THESE REDUCTIONS, TO REQUIRE THE BOARD OF ECONOMIC ADVISORS TO ACCOUNT FOR THESE TRUST FUNDS SEPARATELY IN REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THIS SECTION MUST NOT BE CONSTRUED AS AFFECTING FUNDING LEVELS FOR PUBLIC EDUCATION; TO AMEND SECTIONS 11-11-330, 12-37-251, AND 12-37-450, ALL AS AMENDED, 12-37-935, 12-37-270, AND 12-37-280, RELATING TO THE LOCAL GOVERNMENT FUND, THE STATE PROPERTY TAX RELIEF FUND, THE BUSINESS INVENTORY TAX EXEMPTION REIMBURSEMENT, THE DEPRECIATION PROPERTY TAX REIMBURSEMENT FUND, AND THE RESIDENTIAL AND HOMESTEAD EXEMPTION REIMBURSEMENTS, SO AS TO CONFORM THESE PROVISIONS TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150, RECONSTITUTE THESE FUNDS AND ACCOUNTS AS TRUST FUNDS, EXTEND THE PHASE IN OF ADDITIONAL DEPRECIATION FROM THREE TO SIX YEARS, DELETE OBSOLETE PROVISIONS, AND REVISE THE SCHEDULE OF REIMBURSEMENT FOR THE RESIDENTIAL HOMESTEAD EXEMPTION; AND TO REDESIGNATE AND AMEND SECTION 6-27-45, RELATING TO HOMESTEAD EXEMPTION REIMBURSEMENTS AS SECTION 6-1-45, AND CONFORM IT TO THE TRANSFER REQUIREMENTS OF SECTION 11-11-150.
A.   Article 1, Chapter 11, Title 11 of the 1976 Code is amended by adding:
"Section 11-11-150.   (A)   In calculating estimated state general fund revenues for a fiscal year there must be deducted amounts sufficient to fund:
(1)   the Trust Fund for State Property Tax Relief established pursuant to Section 11-11-330;
(2)   the Homestead Exemption Trust Fund established pursuant to Section 12-37-270;
(3)   the Depreciation Property Tax Reimbursement Trust Fund established pursuant to Section 12-37-935(B); and
(4)   the Inventory Tax Reimbursement Trust Fund established pursuant to Section 12-37-450.
(B)   The amounts deducted from state general fund revenues pursuant to subsection (A) are automatically transferred to the appropriate separate trust funds for the applicable fiscal year and are not available for appropriation. For accounting purposes, this deduction is achieved by imposing a prorata reduction on each revenue source for the general fund of this state excluding general fund revenue sources earmarked for public education. The Board of Economic Advisors shall account for these trust funds separately from general fund revenues in reports to the Governor and the General Assembly.
(C)   All formulas calculated on state general fund revenues must reflect the reductions provided by this section.
(D)   Unexpended balances in the trust funds specified in subsection (A) at the end of a fiscal year must be transferred to the general fund of the State.
(E)   The provisions of this section must not be construed as affecting funding levels for public education."
B.   Section 6-27-45 of the 1976 Code, as added by Section 34, Part II, Act 145 of 1995, is redesignated Section 6-1-45 and amended to read:
"Section 6-1-45.   Notwithstanding the amount appropriated in the annual general appropriations act for "Homestead Exemption Reimbursement", there must be annually appropriated whatever amount is necessary to reimburse the counties and municipalities of the State for all reimbursed homestead exemptions allowed in accordance with the provisions of law.
In addition to the amounts transferred to the Trust Fund for State Property Tax Relief and the Homestead Exemption Reimbursement Trust Fund as provided in the annual general appropriations act, the Comptroller General's Office shall transfer from the general fund whatever amount is necessary to reimburse counties and municipalities for all state property tax relief and homestead exemptions allowed in accordance with the provisions of law."
C.   Section 11-11-330 of the 1976 Code, as last amended by Section 33A, Part II, Act 458 of 1996, is further amended to read:
"Section 11-11-330.   Funds credited to the 'Trust Fund for State Property Tax Relief Fund' must be used to provide property tax relief in the manner prescribed in Section 12-37-251. The General Assembly shall appropriate There is transferred to the fund for each fiscal year an amount sufficient to reimburse sums equal to the amount of taxes that were not collected for school districts by reason of the exemption provided in Section 12-37-251."
D.   Subsections (A) and (B) of Section 12-37-251 of the 1976 Code, as last amended by Act 458 of 1996, are further amended to read:
"(A)   The Trust Fund for State Property Tax Relief Fund shall be established at an amount equal to the revenue necessary to fund a property tax exemption of one hundred thousand dollars based on the fair market value of property classified pursuant to Section 12-43-220(c) calculated on the school operating millage imposed for tax year 1995, excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction. The 1995 tax year school operating millage is the base year millage for purposes of calculating the amount necessary to fund the Trust Fund for State Property Tax Relief Fund in accordance with this section. However, in years in which the values resulting from a county-wide reassessment and equalization program are implemented, the base year millage must be adjusted to an equivalent millage rate in the manner that the Department of Revenue shall prescribe. Funds distributed to a taxing district as provided in item (B) of this section must be used to provide a uniform property tax exemption for all property in the taxing district which is classified pursuant to Section 12-43-220(c), excluding taxes levied for bonded indebtedness and payments pursuant to lease purchase agreements for capital construction.
(B)   School districts must be reimbursed, in the manner provided in Section 12-37-270, for the revenue lost as a result of the homestead exemption provided in this section except that ninety percent of the reimbursement must be paid in the last quarter of the calendar year in the last quarter of the calendar year on December first. "
E.   Section 12-37-450 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:
"Section 12-37-450.   (A)   The inventory of business establishments shall be exempt from property taxation as follows: for the 1985 tax year, seventeen percent; for the 1986 tax years, fifty percent; for the 1987 and subsequent tax years, one hundred percent. The exemption herein provided is conditional upon the appropriation by the State to the municipalities and counties for each year an amount equal to tax revenue not collected by reason of the exemption. If the appropriation for any year is less than the amount equal to the tax revenue not collected, the exemption shall be proportionately reduced in the manner provided in (C) below. The exemption provided in this section is not allowed if the return is received by the Commission after the date due or the tax due is received by the county or municipality after the date due.
(B)   Counties and municipalities must be reimbursed for the revenue lost as a result of the business inventory tax exemption based on the 1987 tax year millage and 1987 tax year assessed value of inventories in the counties and municipalities. If an amount of reimbursement to a political subdivision within a county is attributable to a separate millage for debt service for any purpose, when that debt is paid, the appropriate reimbursement amount must be redistributed proportionately to the other separate millages levied by the political subdivision within the county for the 1987 tax year. Notwithstanding amounts appropriated for the inventory tax exemption reimbursement, there There is appropriated transferred annually from the general fund of the State to the Inventory Tax Reimbursement Trust Fund, which is established in the State Treasury as a fund separate and distinct from the general fund of the State and all other funds whatever amount is necessary to reimburse fully all counties and municipalities the required amount. The Comptroller General shall make remittances of this reimbursement to counties and municipalities in four equal payments.
(C)   The South Carolina Tax Commission shall annually notify each county auditor of the fair market value of merchant's inventory in the manner provided by Section 12-37-1420, which must be assessed at a six percent ratio and entered on the tax duplicate. For the purpose of implementing the business inventory tax exemption provided in this section, the assessed value will then be credited by seventeen percent for taxable year 1985, by fifty percent for taxable year 1986, and by one hundred percent for taxable year 1987 and after 1987. If, for taxable years 1986 and 1987 the State does not reimburse the counties and municipalities for the full amount of the revenue lost because of the applicable exemption, the counties and municipalities shall credit the percentage reimbursed to the merchant's account and bill the remainder to the merchant.
(D)   Notwithstanding any other provision of law, business inventory exempted from property taxation in the manner provided in this section is considered taxable property in an amount equal to the 1987 tax year assessed valuation for purposes of bonded indebtedness pursuant to Sections 14 and 15 of Article X of the Constitution of this State and for purposes of computing the 'index of taxpaying ability' pursuant to item (3) of Section 59-20-20.
(E)   Where a portion of a special purpose district is annexed to a municipality, and its service functions in the annexed area are assumed by the municipality, the total amount remitted to the county and municipality under this section shall not exceed the total amount which would be remitted to the two entities separately. However, the assessed valuation and special purpose district tax levy for tax year 1987 with respect to the annexed portion of the special purpose district must be taken into consideration in determining the proportionate share of the total allocation due to the county and the municipality."
F.   Section 12-37-935 of the 1976 Code, as added by Section 8A, Part II, Act 458 of 1996, is amended to read:
"Section 12-37-935.   (A)   Except as provided in Section 12-37-930 for custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals, and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State, the original cost must not be reduced more than the percentage provided in the following schedule:
Property Tax           Maximum Percentage Year                                         Depreciation
Before 1997               80 percent
1997                     83.3 81.65 percent
1998                     86.6 84.43 percent
1999                     87.21 percent
After 1998 1999             90 percent.
(B)   There is established in the State Treasury a trust fund separate and distinct from the general fund of the State and all other funds styled The Depreciation Property Tax Reimbursement Trust Fund. Annually, the General Assembly shall appropriate there is transferred to this trust fund an amount sufficient to reimburse all local taxing entities the amount of revenue not collected as a result of the additional depreciation more than eighty percent allowed for manufacturer's machinery and equipment pursuant to this section. No reimbursement is allowed for any depreciation allowed in connection with custom molds and dies used in the conduct of manufacturing electronic interconnection component assembly devices for computers and computer peripherals and equipment used in the manufacture of tires by manufacturers who employ more than five thousand employees in this State and have over one billion dollars in capital investment in this State. Reimbursements must be paid from the fund in the manner provided in Section 12-37-270, mutatis mutandis".
(C)   This section is effective for property tax years beginning after 1996
G.   Section 12-37-270 of the 1976 Code is amended to read:
"Section 12-37-270.   There is established in the State Treasury the Homestead Exemption Reimbursement Trust Fund, a fund separate and distinct from the general fund of the State and all other funds, to which is transferred in a fiscal year an amount sufficient to pay the reimbursement provided by this section. The Comptroller General, from the general fund of the State from this trust fund, shall annually pay to the county treasurer of the county in which the dwelling is situate for the account of each county, school district or special district therein a sum equal to the amount of taxes that was not collected for such county, school district or special district by reason of the exemption provided for in Section 12-37-250 and shall also annually pay to the governing body of the municipality in which the dwelling is situate a sum equal to the amount of taxes that was not collected for such municipality by reason of the exemption provided for in Section 12-37-250; provided, the county treasurer and municipal governing body shall furnish the Comptroller General on or before April first following the tax year, or during an extension authorized by the Comptroller General not to exceed sixty days an accounting or statement as prescribed by the Comptroller General that reflects the amount of county, municipal, school district or special district taxes that was not collected because of the exemption; and provided, further, that any funds paid by the Comptroller General as the result of an erroneous or improper application shall be returned to the Comptroller General for deposit in the general fund of the State.
Notwithstanding any other provisions of law, the Comptroller General shall purchase and distribute the applications for the homestead exemption and the costs shall be from the appropriations for reimbursement for the exemption Trust Fund.
The Comptroller General shall promulgate regulations as may be necessary to carry out the provisions herein."
H.   Section 12-37-280 of the 1976 Code is amended to read:
"Section 12-37-280.   Any county, municipality, school district, and special district in which a person who has reached the age of sixty-five years receives a homestead property tax exemption shall be reimbursed for such exemption from the general fund of the State Homestead Exemption Reimbursement Trust Fund. Such reimbursement shall be made by the Comptroller General on an annual basis on such terms and subject to such conditions as he may prescribe.
Nothing contained in this section shall be construed as authority to grant property tax exemption other than as provided for by the laws and Constitution of this State."
I.   This section takes effect July 1, 1997, and first applies for general fund revenues available for appropriation for fiscal years beginning after June 30, 1998, and accounting for general fund revenues affecting appropriations for fiscal year 1998-99. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

Yeas 25; Nays 80

Those who voted in the affirmative are:

Battle                    Baxley                    Breeland
Cave                      Clyburn                   Cobb-Hunter
Hawkins                   Hines, J.                 Hines, M.
Hodges                    Inabinett                 Lanford
Lee                       Littlejohn                Lloyd
Mack                      McLeod                    McMahand
Miller                    Neal                      Parks
Smith, F.                 Walker                    Whipper
Wilkes

Total--25

Those who voted in the negative are:

Bailey                    Barfield                  Barrett
Bauer                     Beck                      Brown, H.
Brown, J.                 Byrd                      Campsen
Cato                      Chellis                   Cooper
Cotty                     Cromer                    Dantzler
Delleney                  Easterday                 Edge
Felder                    Gamble                    Hamilton
Harrell                   Harrison                  Haskins
Hinson                    Jennings                  Jordan
Keegan                    Kelley                    Kennedy
Kinon                     Kirsh                     Klauber
Knotts                    Koon                      Law
Leach                     Limbaugh                  Limehouse
Loftis                    Mason                     McCraw
McKay                     McMaster                  Meacham
Moody-Lawrence            Mullen                    Neilson
Phillips                  Quinn                     Rhoad
Rice                      Riser                     Robinson
Rodgers                   Sandifer                  Scott
Seithel                   Sharpe                    Sheheen
Simrill                   Smith, D.                 Smith, J.
Smith, R.                 Spearman                  Stille
Stoddard                  Stuart                    Townsend
Tripp                     Trotter                   Vaughn
Webb                      Whatley                   Wilder
Wilkins                   Witherspoon               Woodrum
Young                     Young-Brickell

Total--80

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment, which was agreed to.
Section 15 as amended was adopted.

SECTION 16--RULED OUT OF ORDER
POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that Section 16 was not germane to the Bill.
Rep. HARRELL argued contra.
SPEAKER WILKINS referred to Rule 5.3 whereby he sustained the Point of Order and ruled the section out of order and ordered it stricken from the Bill.

SECTION 17--AMENDED AND ADOPTED

Rep. LOFTIS proposed the following Amendment No. 211 (Doc Name P:\AMEND\GJK\20308SD.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 17, by striking Section 59-39-101 of the 1976 code, which begins on line 24, page 552, and inserting:
/"Section 59-39-101.   (A)   For the purpose of recognizing and rewarding outstanding performance and academic achievement on the part of public and nonpublic school students, each high school graduate who meets the requirements of this section beginning with the 1997-98 school year must be awarded a Superior Academic Achievement High School scholarship in the amount specified in subsection (C).
(B)   In order to qualify for a Superior Academic Achievement High School scholarship a student shall complete at least twenty-four units as prescribed by the State Board of Education including:
(1)   four units of English or language arts;
(2)   four units of mathematics;
(3)   four units of science;
(4)   four units of social science or history;
(5)   two units of foreign or classical languages;
(6)   one unit of computer science;
(7)   one unit of the arts or music;
(8)   one unit of physical education or health; and
(9)   three elective units.
(C)   A student who meets the requirements of this section and attends a public or private South Carolina institution of higher learning or technical college shall receive a five hundred dollar scholarship from the State paid to the institution.
(D)   Each district school board of trustees and the administrators of each nonpublic school are encouraged to make provisions, through appropriate and adequate course offerings in each high school or through cooperative arrangements with other schools, for students desiring to receive a Superior Academic Achievement High School scholarship.
(E)   The State Board of Education is authorized to promulgate regulations necessary for the implementation and administration of this section. These regulations shall include specific course requirements and may also establish alternatives to any area of study or course of study specified herein, provided that the adopted curriculum framework demonstrates that the alternative authorized is equivalent or more advanced.
(F)   In order to qualify for a Superior Academic Achievement Scholarship, a student must have at least a 'B' average as defined by the State Department of Education in all courses including those required to receive this scholarship."
B.   This section takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. LOFTIS explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. LOFTIS spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.

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

Yeas 59; Nays 44

Those who voted in the affirmative are:

Allison                   Altman                    Bailey
Barfield                  Barrett                   Bauer
Brown, H.                 Campsen                   Chellis
Cotty                     Dantzler                  Delleney
Edge                      Fleming                   Gourdine
Harrell                   Harrison                  Harvin
Hawkins                   Hines, J.                 Hinson
Keegan                    Kinon                     Kirsh
Knotts                    Koon                      Lanford
Law                       Limbaugh                  Limehouse
Mason                     McCraw                    McMaster
Meacham                   Miller                    Mullen
Neilson                   Phillips                  Pinckney
Rhoad                     Rice                      Riser
Rodgers                   Sandifer                  Seithel
Sharpe                    Simrill                   Smith, R.
Spearman                  Stuart                    Trotter
Walker                    Webb                      Whatley
Wilkes                    Wilkins                   Woodrum
Young                     Young-Brickell

Total--59

Those who voted in the negative are:

Askins                    Battle                    Baxley
Breeland                  Brown, J.                 Byrd
Canty                     Cato                      Cave
Cobb-Hunter               Cooper                    Cromer
Easterday                 Gamble                    Govan
Hamilton                  Haskins                   Hines, M.
Hodges                    Inabinett                 Jennings
Jordan                    Klauber                   Leach
Lee                       Littlejohn                Lloyd
Loftis                    Mack                      Maddox
Martin                    McLeod                    McMahand
Moody-Lawrence            Neal                      Scott
Smith, F.                 Smith, J.                 Stille
Stoddard                  Townsend                  Tripp
Vaughn                    Wilder

Total--44

So, the amendment was tabled.

Rep. HARRELL proposed the following Amendment No. 117 (Doc Name P:\AMEND\GK.\20278SD.97), which was adopted.
Amend the bill, as and if amended, by PART II, SECTION 17, in Section 59-39-101(B) of the 1976 Code, by striking item (4), on line 33, page 552, and inserting:
/(4)   four units of social science or history, one unit of which must be U. S. History;/
Amend the section further, as and if amended, beginning on line 35, page 552, by striking item (6) and inserting:
/(6)   one unit of computer science beginning with school year 1999-2000, and until school year 1999-2000 one additional elective unit must be completed instead of a unit in computer science;/
Amend the section further, as and if amended, in subsection (C), beginning on line 41, page 552, by adding the following new sentences at the end to read: /The State Department of Education shall furnish the Palmetto Fellows Scholarship Program of the Commission on Higher Education with a list of those students each year who are awarded Superior Academic Achievement Diplomas. The Palmetto Fellows Scholarship Program shall then distribute the scholarship funds for such students to the appropriate institutions.
Amend the section further, as and if amended, by adding a new subsection (F) to Section 59-39-101 to read:
/(F)   In order to receive a Superior Academic Achievement Diploma, a student must graduate with an over-all 'B' average./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. SPEARMAN proposed the following Amendment No. 215 (Doc Name P:\AMEND\GJK\20310SD.97), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 17, by striking item (7) as contained on line 36, page 552, and inserting:
/(7)   one unit of the arts of music, provided that a third unit of foreign or classical language may be substituted for this arts or music requirement; /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. LOFTIS proposed the following Amendment No. 214 (Doc Name P:\AMEND\GJK\20308SD.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 17, by striking Section 59-39-101 of the 1976 code, which begins on line 24, page 552, and inserting:
/"Section 59-39-101.   (A)   For the purpose of recognizing and rewarding outstanding performance and academic achievement on the part of public and nonpublic school students, each high school graduate who meets the requirements of this section beginning with the 1997-98 school year must be awarded a Superior Academic Achievement High School scholarship in the amount specified in subsection (C).
(B)   In order to qualify for a Superior Academic Achievement High School scholarship a student shall complete at least twenty-four units as prescribed by the State Board of Education including:
(1)   four units of English or language arts;
(2)   four units of mathematics;
(3)   four units of science;
(4)   four units of social science or history;
(5)   two units of foreign or classical languages;
(6)   one unit of computer science;
(7)   one unit of the arts or music;
(8)   one unit of physical education or health; and
(9)   three elective units.
(C)   A student who meets the requirements of this section and attends a public or private South Carolina institution of higher learning or technical college shall receive a five hundred dollar scholarship from the State paid to the institution.
(D)   Each district school board of trustees and the administrators of each nonpublic school are encouraged to make provisions, through appropriate and adequate course offerings in each high school or through cooperative arrangements with other schools, for students desiring to receive a Superior Academic Achievement High School scholarship.
(E)   The State Board of Education is authorized to promulgate regulations necessary for the implementation and administration of this section. These regulations shall include specific course requirements and may also establish alternatives to any area of study or course of study specified herein, provided that the adopted curriculum framework demonstrates that the alternative authorized is equivalent or more advanced.
(F)   In order to qualify for a Superior Academic Achievement Scholarship, a student must have at least a 'B' average as defined by the State Department of Education including those required to receive this scholarship."
B.   This section takes effect upon approval of the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. LOFTIS explained the amendment.
Rep. HARRELL moved to table the amendment.

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

Yeas 75; Nays 28

Those who voted in the affirmative are:

Altman                    Askins                    Bailey
Barfield                  Barrett                   Bauer
Baxley                    Boan                      Brown, H.
Brown, J.                 Carnell                   Cave
Chellis                   Cooper                    Cotty
Dantzler                  Delleney                  Edge
Felder                    Fleming                   Gamble
Gourdine                  Govan                     Harrell
Harrison                  Harvin                    Hawkins
Hines, J.                 Hines, M.                 Hinson
Inabinett                 Jennings                  Keegan
Kennedy                   Kinon                     Kirsh
Klauber                   Knotts                    Koon
Lanford                   Law                       Limbaugh
Limehouse                 Lloyd                     Mack
Martin                    Mason                     McKay
McMahand                  McMaster                  Meacham
Mullen                    Neilson                   Parks
Quinn                     Rhoad                     Rice
Riser                     Rodgers                   Sandifer
Seithel                   Sharpe                    Simrill
Smith, R.                 Spearman                  Stuart
Townsend                  Trotter                   Vaughn
Webb                      Whatley                   Wilkins
Woodrum                   Young                     Young-Brickell

Total--75

Those who voted in the negative are:

Battle                    Bowers                    Brown, G.
Canty                     Cato                      Cromer
Easterday                 Hamilton                  Haskins
Hodges                    Leach                     Littlejohn
Loftis                    Maddox                    McCraw
McLeod                    Miller                    Neal
Phillips                  Sheheen                   Smith, F.
Smith, J.                 Stille                    Stoddard
Tripp                     Walker                    Wilder
Wilkes

Total--28

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 218 (Doc Name P:\AMEND\GJK\20312SD.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 17, in Section 59-39-101 of the 1976 Code, by striking /and nonpublic/ which begins on line 16, page 552, and as contained on line 25, page 552, and by striking /and the administrators of each nonpublic school/ as contained on line 1, page 553.
Renumber sections to conform.
Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. KLAUBER moved to table the amendment.

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

Yeas 66; Nays 37

Those who voted in the affirmative are:

Altman                    Barfield                  Barrett
Battle                    Bauer                     Bowers
Brown, H.                 Campsen                   Cato
Chellis                   Cooper                    Cromer
Dantzler                  Delleney                  Easterday
Edge                      Felder                    Fleming
Gamble                    Hamilton                  Harrell
Harrison                  Haskins                   Hawkins
Hinson                    Jordan                    Keegan
Kelley                    Klauber                   Knotts
Koon                      Law                       Leach
Limbaugh                  Limehouse                 Littlejohn
Loftis                    Martin                    Mason
McMaster                  Meacham                   Mullen
Phillips                  Rice                      Riser
Rodgers                   Sandifer                  Seithel
Sharpe                    Sheheen                   Simrill
Smith, R.                 Spearman                  Stille
Stuart                    Tripp                     Trotter
Vaughn                    Webb                      Whatley
Wilder                    Wilkins                   Witherspoon
Woodrum                   Young                     Young-Brickell

Total--66

Those who voted in the negative are:

Baxley                    Boan                      Breeland
Brown, G.                 Brown, J.                 Byrd
Canty                     Cave                      Clyburn
Cobb-Hunter               Cotty                     Davenport
Gourdine                  Govan                     Hines, J.
Hines, M.                 Inabinett                 Jennings
Kennedy                   Kinon                     Kirsh
Lanford                   Lee                       Mack
McCraw                    McLeod                    McMahand
Miller                    Neal                      Neilson
Parks                     Pinckney                  Rhoad
Scott                     Smith, J.                 Stoddard
Walker

Total--37

So, the amendment was tabled.

Section 17 as amended was adopted.

SECTION 21--ADOPTED

Debate was resumed on Section 21.

Rep. KIRSH proposed the following Amendment No. 88 (Doc Name P:\AMEND\007\21EDUEND.007), which was tabled.
Amend the bill, as and if amended, Part II, Section 21, CHE, page 555, line 20 to end, by striking:/Delete Entire Part II/
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.

Section 21 was adopted.

SECTION 22--ADOPTED

Rep. KIRSH proposed the following Amendment No. 73 (Doc Name P:\AMEND\PT\2985SD.97), which was tabled.
Amend the bill, as and if amended, Part II, Page 557, SECTION 22, Line 29, by striking /twenty-two/ and inserting /twenty-five/; line 31, by striking /twenty-three/ and inserting /twenty-eight/; and line 33, by striking /twenty-four/ and inserting /thirty-one/.
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Reps. CAVE, RHOAD and BOAN spoke against the amendment.
Rep. CAVE moved to table the amendment, which was agreed to.
Section 22 was adopted.

SECTION 24--ADOPTED

Rep. D. SMITH proposed the following Amendment No. 58 (Doc Name P:\AMEND\PT\2990JM.97), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 24, page 558, by striking lines 34 through 38 and inserting:
/(1)   a nonstate match requirement of at least one hundred fifty percent of state grant funds; and
(2)   completing an economic impact before an award is made."/
Renumber sections to conform.
Amend totals and title to conform.

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

SPEAKER IN CHAIR

Section 24 was adopted.

SECTION 27--ADOPTED

Rep. KIRSH proposed the following Amendment No. 83 (Doc Name P:\AMEND\003\NEWJUD2.003), which was tabled.
Amend the bill, as and if amended, Part II, Section 27, increase number of circuit and family court judges, page 560 by deleting the provision in its entirety.
Renumber sections and amend totals/title to conform.

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

Rep. FLEMING proposed the following Amendment No. 170 (Doc Name P:\AMEND\GK.\20295AC.97), which was tabled.
Amend the bill, as and if amended, Part II, SECTION 27, page 561, by deleting lines 24 and 25 and inserting:
/One judge must be elected from the first, second, sixth, and twelfth, and sixteenth circuits. Two judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth, and sixteenth circuits and of the two judges elected from the sixteenth circuit, one must reside in Union County. Three judges must be elected/
Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING explained the amendment.
Rep. QUINN moved to table the amendment.
Rep. FLEMING demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 66 to 16.

Reps. JENNINGS, BAXLEY, STODDARD and KIRSH proposed the following Amendment No. 207 (Doc Name P:\AMEND\GJK\20258HTC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 27, Section 14-5-610 as contained in subsection A, page 561, by striking lines 24 through 30 and inserting:
/One judge must be elected from the first, second, sixth, twelfth, and sixteenth circuits. Two judges must be elected from the third, fourth, seventh, eighth, tenth, eleventh, fourteenth, and fifteenth circuits. Three judges must be elected from the fifth, ninth, and thirteenth circuits.
In addition to the above judges authorized by this section, there must be thirteen sixteen additional circuit judges elected by the General Assembly from the State at large for terms of office of six years. These additional judges must be elected without regard to county or circuit of residence. Each office of the at-large judges is a separate office and is assigned numerical designations of Seat No. 1 through Seat No. 13 16 respectively./
Renumber sections to conform.
Amend totals and title to conform.

Rep. JENNINGS explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. KENNEDY a leave of absence.

Rep. JENNINGS continued speaking.
Rep. FLEMING spoke in favor of the amendment.
Rep. QUINN moved to table the amendment.

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

Yeas 64; Nays 46

Those who voted in the affirmative are:

Altman                    Bailey                    Barfield
Beck                      Breeland                  Brown, H.
Byrd                      Campsen                   Cato
Cave                      Chellis                   Clyburn
Cobb-Hunter               Cooper                    Cotty
Cromer                    Dantzler                  Easterday
Edge                      Felder                    Gourdine
Govan                     Hamilton                  Harrell
Harrison                  Haskins                   Hines, M.
Hinson                    Inabinett                 Jordan
Kelley                    Law                       Leach
Limehouse                 Lloyd                     Loftis
Mack                      Mason                     McKay
McMahand                  McMaster                  Neal
Neilson                   Quinn                     Rhoad
Riser                     Robinson                  Sandifer
Scott                     Seithel                   Sharpe
Sheheen                   Smith, F.                 Smith, J.
Smith, R.                 Tripp                     Trotter
Vaughn                    Webb                      Whatley
Whipper                   Wilkins                   Witherspoon
Young-Brickell

Total--64

Those who voted in the negative are:

Allison                   Barrett                   Battle
Bauer                     Baxley                    Boan
Brown, G.                 Carnell                   Davenport
Delleney                  Fleming                   Gamble
Hawkins                   Hines, J.                 Hodges
Jennings                  Keegan                    Kinon
Kirsh                     Klauber                   Knotts
Koon                      Lanford                   Lee
Limbaugh                  Littlejohn                Maddox
McCraw                    McLeod                    Meacham
Miller                    Moody-Lawrence            Parks
Phillips                  Rodgers                   Simrill
Smith, D.                 Spearman                  Stille
Stoddard                  Stuart                    Walker
Wilder                    Wilkes                    Woodrum
Young

Total--46

So, the amendment was tabled.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ROBINSON a leave of absence.

Section 27 was adopted.

SECTION 30--AMENDED AND ADOPTED

Reps. NEILSON, MEACHAM, J. HINES, DANTZLER, BYRD, BATTLE, HINSON, BREELAND, EDGE, INABINETT, WITHERSPOON, BAXLEY, NEAL, KOON, BARFIELD, WHATLEY, PINCKNEY, RISER, RODGERS, MOODY-LAWRENCE, STODDARD, RHOAD, STUART, KNOTTS, LEE, MILLER, DAVENPORT and F. SMITH proposed the following Amendment No. 196 (Doc Name P:\AMEND\PT\1007HTC.97), which was adopted.
Amend the bill, as and if amended, Part II, page 563, by striking SECTION 30 and inserting:

/ SECTION ___

TO AMEND SECTION 2-51-10 OF THE 1976 CODE, RELATING TO THE JOINT LEGISLATIVE STUDY COMMITTEE ON THE AGING, SO AS TO REQUIRE COMMITTEE STAFF SUPPORT TO BE PROVIDED BY THE STATE REORGANIZATION COMMISSION AND TO DELETE THE AUTHORIZATION FOR MILEAGE, SUBSISTENCE, AND PER DIEM FOR MEMBERS AND THE REFERENCE TO THE COMMITTEE'S ANNUAL APPROPRIATION.
A.   Section 2-51-10 of the 1976 Code is amended to read:
"Section 2-51-10.   There is created a permanent committee to conduct continuing studies of public and private services, programs, and facilities for the Aging in South Carolina and report its findings and recommendations annually to the General Assembly. Three members shall must be appointed from the Senate by the President thereof, three members shall must be appointed from the House of Representatives by the Speaker, and three members shall must be appointed by the Governor. Terms of legislative members shall be are coterminous with the term of the appointing Governor. Members of the committee shall receive mileage, per diem, and subsistence as provided by law for members of boards, committees and commissions. Expenses of the committee shall be provided by an annual appropriation in the General Appropriation Appropriations Act. The Legislative Council shall provide such legal services as the committee may require in the performance of its duties. From funds appropriated to the State Reorganization Commission in the general appropriations act for fiscal year 1997-98 and subsequent years, the commission shall provide all other staff support for the committee."
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. NEILSON explained the amendment.
Reps. STUART and RHOAD spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment.

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

Yeas 3; Nays 102

Those who voted in the affirmative are:

Jordan                    Kirsh                     Young-Brickell

Total--3

Those who voted in the negative are:

Allison                   Altman                    Bailey
Barfield                  Barrett                   Battle
Bauer                     Baxley                    Beck
Boan                      Bowers                    Breeland
Brown, G.                 Brown, H.                 Byrd
Campsen                   Carnell                   Cato
Cave                      Chellis                   Clyburn
Cromer                    Dantzler                  Delleney
Easterday                 Edge                      Felder
Gamble                    Gourdine                  Govan
Hamilton                  Harrell                   Harrison
Harvin                    Haskins                   Hawkins
Hines, J.                 Hines, M.                 Hinson
Hodges                    Inabinett                 Jennings
Keegan                    Kelley                    Kinon
Klauber                   Knotts                    Koon
Lanford                   Law                       Leach
Lee                       Limbaugh                  Limehouse
Littlejohn                Lloyd                     Loftis
Maddox                    Martin                    Mason
McCraw                    McKay                     McLeod
McMahand                  McMaster                  Meacham
Miller                    Moody-Lawrence            Neilson
Parks                     Phillips                  Pinckney
Rhoad                     Rice                      Riser
Rodgers                   Sandifer                  Scott
Seithel                   Sharpe                    Sheheen
Simrill                   Smith, D.                 Smith, J.
Smith, R.                 Stille                    Stoddard
Stuart                    Townsend                  Tripp
Trotter                   Vaughn                    Walker
Webb                      Whatley                   Whipper
Wilder                    Wilkes                    Wilkins
Witherspoon               Woodrum                   Young

Total--102

So, the House refused to table the amendment.

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

Section 30 as amended was adopted.

Reps. J. SMITH and CROMER proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20261HTC.97).
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:

/SECTION

TO AMEND SECTION 48-48-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LOW-LEVEL RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO TRIPLE THE RATE OF THE TAX TO SEVEN HUNDRED FIVE DOLLARS A CUBIC FOOT.
A.   Section 48-48-140(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(A)   There is imposed a tax of two seven hundred thirty-five five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State. The revenues resulting from the provisions of this section must be used for the Children's Education Endowment as reflected in appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter provided, except as provided in Subsection (C)."
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. SMITH explained the amendment.
Reps. HASKINS and CAVE spoke against the amendment.
Rep. MULLEN spoke in favor of the amendment.
Rep. EDGE spoke against the amendment.
Reps. CROMER and HODGES spoke in favor of the amendment.

Rep. YOUNG-BRICKELL 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 Amendment No. 1.

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.

LEAVE OF ABSENCE

The SPEAKER granted Rep. LANFORD a leave of absence.

ACTING SPEAKER KIRSH IN CHAIR

SPEAKER IN CHAIR

H. 3400--AMENDED AND ORDERED TO THIRD READING

Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Part II.

H. 3400 -- GENERAL APPROPRIATION BILL

Reps. J. SMITH and CROMER proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\20261HTC.97), which was tabled.
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:

/SECTION

TO AMEND SECTION 48-48-140, AS AMENDED, OF THE 1976 CODE, RELATING TO THE LOW-LEVEL RADIOACTIVE WASTE DISPOSAL TAX, SO AS TO TRIPLE THE RATE OF THE TAX TO SEVEN HUNDRED FIVE DOLLARS A CUBIC FOOT.
A.   Section 48-48-140(A) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(A)   There is imposed a tax of two seven hundred thirty-five five dollars a cubic foot on each cubic foot of low-level radioactive waste disposed of in this State. The revenues resulting from the provisions of this section must be used for the Children's Education Endowment as reflected in appropriations to the State Treasurer in Part I, Section 10 of the 1995-96 general appropriations act and as thereafter provided, except as provided in Subsection (C)."
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. SHEHEEN spoke in favor of the amendment.
Reps. FELDER and RHOAD spoke against the amendment.
Rep. RHOAD moved to table the amendment.

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

Yeas 80; Nays 34

Those who voted in the affirmative are:

Allison                   Altman                    Askins
Bailey                    Barfield                  Barrett
Bauer                     Beck                      Boan
Bowers                    Brown, H.                 Campsen
Carnell                   Cato                      Cave
Chellis                   Clyburn                   Cotty
Dantzler                  Davenport                 Easterday
Edge                      Felder                    Fleming
Gamble                    Govan                     Hamilton
Harrell                   Harrison                  Harvin
Haskins                   Hawkins                   Hinson
Jordan                    Keegan                    Kelley
Kinon                     Klauber                   Knotts
Koon                      Law                       Leach
Lee                       Limbaugh                  Limehouse
Littlejohn                Lloyd                     Loftis
Mack                      Mason                     McCraw
McKay                     Neilson                   Parks
Phillips                  Quinn                     Rhoad
Rice                      Riser                     Rodgers
Sandifer                  Sharpe                    Smith, D.
Smith, R.                 Spearman                  Stille
Stuart                    Townsend                  Tripp
Trotter                   Vaughn                    Walker
Webb                      Whatley                   Wilkes
Wilkins                   Witherspoon               Woodrum
Young                     Young-Brickell

Total--80

Those who voted in the negative are:

Battle                    Baxley                    Breeland
Brown, G.                 Brown, J.                 Byrd
Canty                     Cobb-Hunter               Cromer
Delleney                  Gourdine                  Hines, J.
Hines, M.                 Hodges                    Howard
Inabinett                 Jennings                  Kirsh
Maddox                    McLeod                    McMahand
McMaster                  Meacham                   Miller
Moody-Lawrence            Mullen                    Neal
Seithel                   Sheheen                   Simrill
Smith, F.                 Smith, J.                 Whipper
Wilder

Total--34

So, the amendment was tabled.

RECORD FOR VOTING

I was out of the chamber when the vote was taken on tabling the amendment. I wish to be recorded as voting no, not to table the amendment.
Rep. CLEMENTA C. PINCKNEY

RECORD FOR VOTING

I voted "no" on the tabling motion on Amendment No. 1. This is the first opportunity I have had to cast a vote expressing my disapproval of the tragic decision made to abandon the Southeastern Compact and potentially keep the Barnwell Low-level Nuclear Wastedump opened indefinitely. Incidentally, the fact that, if, passed, this amendment would have raised revenue to the level initially expected for public school facilities. I would prefer to close the Barnwell site but, if we have to leave it open it should do the things for public education promised. I regret it failed.
Rep. VICTORIA T. MULLEN

Rep. STILLE proposed the following Amendment No. 12 (Doc Name P:\AMEND\GJK\20265SD.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered to read:

/SECTION

TO AMEND SECTION 59-143-30 OF THE 1976 CODE, RELATING TO THE ALLOCATIONS OF FUNDS FROM THE CHILDREN'S EDUCATION ENDOWMENT TO INDEPENDENT COLLEGES FOR HIGHER EDUCATION TUITION GRANTS AND PALMETTO FELLOWS SCHOLARSHIPS SO SO AS TO PROVIDE THAT THE INDEPENDENT COLLEGES' ALLOCATION FOR PALMETTO FELLOWS SCHOLARSHIPS SHALL BE ADDED TO THE PALMETTO FELLOWS SCHOLARSHIP ALLOCATION OF THE PUBLIC INSTITUTIONS, AND TO PROVIDE THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM OF THE COMMISSION ON HIGHER EDUCATION SHALL THEN MAKE THE TOTAL OF SUCH FUNDS AVAILABLE THROUGH PALMETTO FELLOWS SCHOLARSHIPS TO QUALIFIED STUDENTS ATTENDING EITHER PUBLIC OR INDEPENDENT INSTITUTIONS OF THIS STATE, AND TO DESIGNATE SUBSECTION (C), SECTION 20, PART II OF ACT 458 OF 1996 AS SECTION 59-143-30 OF THE 1976 CODE.
A.   Subsection (C), Section 20, Part II of Act 458 of 1996, is designated as Section 59-143-30 of the 1976 Code.
B.   Section 59-143-30 of the 1976 Code is amended to read:
"Section 59-143-30.   (1)   Of the funds made available for higher education scholarship grants from the higher education scholarship grant allocation under Section 59-143-10 of the 1976 Code for any year, a percentage thereof must be allocated for higher education scholarships and grants for students attending South Carolina independent colleges of higher learning in this State. This percentage shall be equivalent to the percentage of the independent colleges' share of the total South Carolina resident undergraduate full-time (FTE) enrollment of all public and independent higher education institutions in South Carolina based on the previous year's data as determined by the Commission on Higher Education and the South Carolina Tuition Grants Commission.
(2)   The allocation each year to students at the South Carolina independent colleges under item (1) above shall be used to provide tuition grants under Chapter 113 of Title 59 of the 1976 Code, and Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act. Of the funds allocated to independent college students, fifty percent shall be awarded for South Carolina Tuition Grants and fifty percent shall be awarded under the Palmetto Fellows Program. The funds allocated for South Carolina Tuition Grants to South Carolina independent colleges students under this subsection shall be included in the annual appropriation to the Commission on Higher Education and transferred annually into the budget of the South Carolina Tuition Grants Commission in the amount prescribed in item (1) above. The funds allocated for Palmetto Fellows Scholarships to South Carolina independent college students under this subsection shall be included in the annual appropriation to the Commission on Higher Education and may only be awarded to eligible students attending South Carolina independent colleges.
(3)   Independent colleges for purposes of this subsection means those institutions eligible to participate in the South Carolina Tuition Grants Program as defined by Section 59-113-50.
(4)   Public institutions shall receive the remaining allocation each year of the funds made available for higher education scholarship grants under Section 59-143-10. One-half shall be used to provide higher education need-based grants as provided for in this act or otherwise provided for in state law, and one-half shall be used to provide Palmetto Fellows Scholarships under Section 59-104-20 of the 1976 Code in the manner the General Assembly shall provide in the annual general appropriations act. The independent colleges allocation for Palmetto Fellows Scholarships shall be added to the Palmetto Fellows Scholarship allocation of the public institutions. The Palmetto Fellows Scholarship Program of the Commission on Higher Education shall then make the total of such funds available through Palmetto Fellows Scholarships to qualified students attending either public or independent institutions of this State.
(5)   the maximum amount of funding provided for awards to students attending South Carolina independent colleges from the Children's Education Endowment Fund for South Carolina Tuition Grants and Palmetto Fellows Scholarships shall not exceed the percentage funding calculation described under item (1) above."/
Renumber sections to conform.
Amend totals and title to conform.

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

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

Yeas 87; Nays 28

Those who voted in the affirmative are:

Allison                   Altman                    Bailey
Barfield                  Barrett                   Battle
Bauer                     Baxley                    Beck
Boan                      Bowers                    Breeland
Brown, G.                 Brown, H.                 Brown, J.
Byrd                      Campsen                   Canty
Cato                      Cave                      Chellis
Clyburn                   Cobb-Hunter               Cooper
Cotty                     Cromer                    Dantzler
Delleney                  Edge                      Felder
Fleming                   Gamble                    Gourdine
Govan                     Harrell                   Harrison
Haskins                   Hawkins                   Hines, J.
Hines, M.                 Hinson                    Howard
Inabinett                 Jennings                  Jordan
Keegan                    Kelley                    Knotts
Koon                      Law                       Leach
Limbaugh                  Limehouse                 Lloyd
Mack                      Martin                    Mason
McCraw                    McKay                     McMaster
Moody-Lawrence            Mullen                    Neal
Neilson                   Parks                     Phillips
Quinn                     Rhoad                     Rice
Riser                     Rodgers                   Sandifer
Scott                     Seithel                   Smith, R.
Spearman                  Stoddard                  Trotter
Webb                      Whatley                   Whipper
Wilkes                    Wilkins                   Witherspoon
Woodrum                   Young                     Young-Brickell

Total--87

Those who voted in the negative are:

Brown, T.                 Carnell                   Davenport
Easterday                 Hamilton                  Harvin
Kirsh                     Klauber                   Lee
Littlejohn                Loftis                    Maddox
McLeod                    McMahand                  Meacham
Miller                    Sharpe                    Sheheen
Simrill                   Smith, F.                 Smith, J.
Stille                    Stuart                    Townsend
Tripp                     Vaughn                    Walker
Wilder

Total--28

So, the amendment was tabled.

Rep. ALTMAN proposed the following Amendment No. 38 (Doc Name P:\AMEND\PSD\7112AC.97), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION______

To amend the 1976 Code by adding Section 59-35-20 so as to establishing priorities for entry into public kindergarten when space is not available for all children who seek to enroll.
A.   The 1976 Code is amended by adding Section 59-35-20. When classroom space is not available for all children whose parents seek to enroll their children in public kindergarten in a school district or a school, the following priorities shall govern as to who must be first admitted:
(1)   children in the Department of Social Services custody and in foster homes;
(2)   children of single-parent homes where the parent is employed outside the home a minimum of thirty hours a week;
(3)   children from homes where both parents are employed outside the home an aggregate of sixty hours a week;
(4)   for all other children such terms and conditions as the local school board may deem just."
B.   This section takes effect upon approval by the Governor and applies beginning with the 1997-98 school year. /
Renumber sections to conform.
Amend totals and title to conform.

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

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

Yeas 52; Nays 61

Those who voted in the affirmative are:

Allison                   Barrett                   Bauer
Beck                      Boan                      Brown, H.
Campsen                   Cato                      Clyburn
Cooper                    Cotty                     Delleney
Easterday                 Felder                    Fleming
Harrell                   Harrison                  Hawkins
Hodges                    Jennings                  Jordan
Keegan                    Kelley                    Kinon
Knotts                    Koon                      Law
Limehouse                 Littlejohn                Mack
Martin                    McCraw                    McKay
McMahand                  McMaster                  Mullen
Phillips                  Quinn                     Rice
Riser                     Rodgers                   Sandifer
Sheheen                   Smith, J.                 Smith, R.
Spearman                  Townsend                  Vaughn
Walker                    Whipper                   Wilkins
Witherspoon

Total--52

Those who voted in the negative are:

Altman                    Askins                    Bailey
Barfield                  Battle                    Bowers
Breeland                  Brown, G.                 Brown, T.
Byrd                      Carnell                   Cave
Chellis                   Cobb-Hunter               Cromer
Dantzler                  Davenport                 Edge
Gamble                    Gourdine                  Govan
Hamilton                  Harvin                    Haskins
Hines, J.                 Hines, M.                 Hinson
Howard                    Inabinett                 Kirsh
Klauber                   Leach                     Lee
Limbaugh                  Lloyd                     Loftis
Maddox                    Mason                     McLeod
Meacham                   Miller                    Moody-Lawrence
Neal                      Neilson                   Parks
Rhoad                     Scott                     Seithel
Sharpe                    Simrill                   Smith, F.
Stille                    Stoddard                  Stuart
Trotter                   Webb                      Whatley
Wilder                    Woodrum                   Young
Young-Brickell

Total--61

So, the House refused to table the amendment.

POINT OF ORDER

Rep. HARRELL raised a Point of Order that Amendment No. 38 was not germane to the Bill.
Rep. MEACHAM raised the Point of Order that Rep. Harrell was not in his seat.
SPEAKER WILKINS, in accordance with Rule 3.6, sustained the Point of Order.

POINT OF ORDER

Rep. HARRELL raised a Point of Order that Amendment No. 38 was not germane to the Bill.
Rep. LIMBAUGH argued contra.
SPEAKER WILKINS overruled the Point of Order.

Reps. WILKES, HARRELL and MULLEN 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 9; Nays 99

Those who voted in the affirmative are:

Brown, T.                 Dantzler                  Davenport
Haskins                   Mason                     McLeod
Meacham                   Seithel                   Trotter

Total--9

Those who voted in the negative are:

Allison                   Altman                    Askins
Bailey                    Barfield                  Barrett
Battle                    Bauer                     Baxley
Beck                      Boan                      Bowers
Breeland                  Brown, G.                 Brown, H.
Byrd                      Campsen                   Carnell
Cato                      Cave                      Chellis
Clyburn                   Cobb-Hunter               Cooper
Cotty                     Delleney                  Easterday
Edge                      Felder                    Fleming
Gamble                    Hamilton                  Harrell
Harrison                  Harvin                    Hawkins
Hines, J.                 Hines, M.                 Hinson
Hodges                    Inabinett                 Jennings
Keegan                    Kelley                    Kinon
Klauber                   Knotts                    Koon
Law                       Leach                     Lee
Limbaugh                  Limehouse                 Littlejohn
Lloyd                     Loftis                    Mack
Maddox                    Martin                    McCraw
McKay                     McMahand                  McMaster
Miller                    Moody-Lawrence            Mullen
Neal                      Neilson                   Parks
Phillips                  Pinckney                  Quinn
Rhoad                     Rice                      Riser
Rodgers                   Sandifer                  Scott
Sharpe                    Sheheen                   Simrill
Smith, J.                 Smith, R.                 Spearman
Stoddard                  Stuart                    Townsend
Tripp                     Vaughn                    Walker
Webb                      Whipper                   Wilder
Wilkes                    Wilkins                   Witherspoon
Woodrum                   Young                     Young-Brickell

Total--99

So, the amendment was rejected.

Rep. STILLE proposed the following Amendment No. 52 (Doc Name P:\AMEND\DKA\4180SD.97), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 59-101-365, SO AS TO REQUIRE FULL-TIME FACULTY OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, BEGINNING WITH THE 1997 FALL SEMESTER, TO TEACH A REQUIRED NUMBER OF CREDIT HOURS EACH SEMESTER, AND TO PROVIDE FOR THE MANNER IN WHICH THE FUNDS SAVED FROM THE ABOVE PROVISIONS BEGINNING WITH FISCAL YEAR 1997-98, SHALL BE UTILIZED.
The 1976 Code is amended by adding:
"Section 59-101-365.   (A)   Beginning with the 1997 fall semester, full-time faculty of state-supported institutions of higher learning are required to teach twelve credit hours each semester. However, full-time faculty who perform research one hundred percent of the time are exempt from this requirement. Full-time faculty who perform research at least sixty percent of the time must teach six credit hours. Full-time faculty who perform research at least thirty percent of the time must teach nine credit hours.
(B)   This requirement concerning the number of credit hours taught by full-time faculty of state-supported institutions of higher learning will reduce the required amount of funding for such institutions, as fewer faculty will be needed. The Commission on Higher Education shall determine the savings to each such institution beginning with the fiscal year 1997-98 and shall certify this amount to the Comptroller General. The Comptroller General shall then withhold the amount of such savings from the funds appropriated to that institution for the applicable fiscal year and shall retain same in the state general fund."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. STILLE explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to by a division vote of 61 to 15.

Rep. KIRSH proposed the following Amendment No. 79 (Doc Name P:\AMEND\JIC\5789HTC.97), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

/ SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2777 SO AS TO IMPOSE A TAX AT THE RATE OF FIVE PERCENT ON THE GROSS PROCEEDS OF VIDEOGAMES WITH A FREE PLAY FEATURE, TO DEFINE "GROSS PROCEEDS OF A MACHINE", AND PROVIDE FOR THE PAYMENT AND COLLECTION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO EXEMPT FROM TAX TWENTY PERCENT OF THE GROSS PROCEEDS OF SALES OR SALES PRICE OF FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, NOT INCLUDING RESTAURANT MEALS, AND TO MAKE THIS EXEMPTION EFFECTIVE APRIL 1, 1998, ONLY IF THE GROSS PROCEEDS TAX ON VIDEO GAMES WITH A FREE PLAY FEATURE IS PRODUCING SUFFICIENT OFFSETTING REVENUES.
A.   Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2777.   (A)   A tax at the rate of five percent is imposed on the gross proceeds of a machine licensed pursuant to Section 12-21-2720(A). For purposes of this section 'gross proceeds of a machine' means all amounts deposited in the machine in the reporting period.
(B)   The tax is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the tax on the due date shall make a return to the department, in a form it prescribes, showing the total amount deposited for the previous month, and remit the tax with it.
(C)   The person making the report required pursuant to Section 12-21-2776(B) is liable for the tax.
(D)   Enforcement and collection of this tax are as provided in Chapter 54 of this title. Revenues of the tax imposed by this section must be credited to a fund in the State Treasury, separate and distinct from the general fund of the State and all other funds. Revenues in this fund must be transferred not less than quarterly to the general fund of the State as follows:
(1)   amounts sufficient to offset revenue losses attributable to the food sales tax exemption, and this offset must be allocated as if it were sales tax revenues;
(2)   amounts in excess of those required pursuant to item (1), not to exceed 3.8 million dollars in a fiscal year to the Department of Mental Health Patient Fee Account; and
(3)   amounts in excess of those required pursuant to items (1) and (2), must remain in the fund and may be used only for additional sales tax relief on food."
B.   Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( )   effective April 1, 1998, food items eligible for purchase with United States Department of Agriculture food coupons, not including restaurant meals, but this exemption is limited to twenty percent of the gross proceeds of sales or sales price of these items. However, no exemption is allowed pursuant to this item unless the board of economic advisors certifies to the department of revenue that the tax imposed pursuant to section 12-21-2777 is producing revenues sufficient for the offset required pursuant to section 12-21-2777(D)(1)."
C.   This section takes effect July 1, 1997. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. H. BROWN moved to table the amendment.

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

Yeas 66; Nays 41

Those who voted in the affirmative are:

Altman                    Bailey                    Barfield
Barrett                   Battle                    Bauer
Brown, H.                 Brown, J.                 Byrd
Campsen                   Carnell                   Chellis
Cooper                    Cotty                     Dantzler
Edge                      Felder                    Fleming
Gamble                    Gourdine                  Harrell
Harrison                  Harvin                    Hawkins
Hinson                    Inabinett                 Keegan
Kelley                    Kinon                     Klauber
Knotts                    Koon                      Law
Limbaugh                  Limehouse                 Lloyd
Martin                    McKay                     McMaster
Miller                    Mullen                    Neal
Neilson                   Phillips                  Quinn
Rhoad                     Rice                      Riser
Rodgers                   Sandifer                  Seithel
Sharpe                    Smith, D.                 Smith, R.
Spearman                  Stoddard                  Stuart
Tripp                     Trotter                   Webb
Whatley                   Wilkes                    Wilkins
Witherspoon               Woodrum                   Young-Brickell

Total--66

Those who voted in the negative are:

Askins                    Baxley                    Beck
Boan                      Bowers                    Breeland
Brown, G.                 Brown, T.                 Cato
Cave                      Cromer                    Davenport
Delleney                  Easterday                 Govan
Hamilton                  Haskins                   Hines, J.
Hines, M.                 Kirsh                     Leach
Littlejohn                Loftis                    Mack
Mason                     McCraw                    McLeod
McMahand                  Meacham                   Moody-Lawrence
Parks                     Pinckney                  Scott
Sheheen                   Simrill                   Smith, F.
Stille                    Vaughn                    Walker
Whipper                   Wilder

Total--41

So, the amendment was tabled.

Reps. NEAL and CROMER proposed the following Amendment No. 107 (Doc Name P:\AMEND\GK.\20282MM.97), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered section to read:

/SECTION

TO AMEND SECTION 21-12-2720(a) OF THE 1976 CODE, RELATING TO LICENSING OF VIDEO GAME MACHINES, SO AS TO IMPOSE AN INCREASE IN LICENSING FEES SUFFICIENT TO RAISE AN ADDITIONAL FOUR HUNDRED THOUSAND DOLLARS ANNUALLY AND TO PROVIDE FOR FUNDING FOR THE C. R. NEAL LEARNING CENTER.
A.   Section 12-21-2720(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(A)   Every person who maintains for use or permits the use of, on a place or premises occupied by him, one or more of the following machines or devices shall apply for and procure from the South Carolina Department of Revenue a license effective for two years for the privilege of making use of the machine in South Carolina and shall pay for the license a tax of fifty dollars for each machine in item (1), two hundred dollars for each machine in item (2), and three thousand dollars for each machine in item (3), plus additional sums as prescribed for purposes of raising an additional four hundred thousand dollars:
(1)   a machine for the playing of music or kiddy rides operated by a slot or mechanical amusement devices and juke boxes in which is deposited a coin or thing of value. A machine on which an admissions tax is imposed is exempt from the C.O.D. license provisions of this section.
(2)   a machine for the playing of amusements or video games, without free play feature, or machines of the crane type operated by a slot in which is deposited a coin or thing of value and a machine for the playing of games or amusements, which has a free play feature, operated by a slot in which is deposited a coin or thing of value, and the machine is of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed. A machine required to be licensed under this item is exempt from the license fee if an admissions tax is imposed.
(3)   a machine of the nonpayout type, in-line pin game, or video game with free play feature operated by a slot in which is deposited a coin or thing of value except machines of the nonpayout pin table type with levers or 'flippers' operated by the player by which the course of the balls may be altered or changed."
B.   The additional four hundred thousand dollars raised annually shall be used to fund the C. R. Neal Learning Center, as set forth in the General Appropriations Act of 1997-98 and subsequent years.
C.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CROMER explained the amendment.
Rep. H. BROWN moved to table the amendment.

Rep. F. SMITH demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 55 to 21.

Rep. FLEMING proposed the following Amendment No. 114 (Doc Name P:\AMEND\PT\2992HTC.97), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION

TO AMEND SECTION 12-37-2680, AS AMENDED, OF THE 1976 CODE, RELATING TO THE VALUATION OF MOTOR VEHICLES FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT A VEHICLE WHICH QUALIFIES IN A TAX YEAR FOR A REDUCED VALUE BECAUSE OF HIGH MILEAGE SHALL CONTINUE TO RECEIVE THE HIGH MILEAGE DEDUCTION FOR SUBSEQUENT TAX YEARS WITHOUT A NEW APPLICATION.
a.   Section 12-37-2680 of the 1976 Code, as last amended by Act 60 of 1995, is further amended by adding a new paragraph at the end to read:
"If a vehicle qualifies for a reduced value attributable to high mileage for a tax year, the vehicle value must continue to be reduced in subsequent tax years without further applications. The auditor shall calculate the value in these years on the basis that the vehicle has continued to accrue mileage at least at the same rate applicable in the first year the vehicle qualified for the deduction."
B.   This section takes effect July 1, 1997, and first applies for motor vehicles tax years beginning after June 30, 1997. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. HASKINS raised a Point of Order that Amendment No. 114 was not germane to the Bill.
Rep. FLEMING argued contra.
SPEAKER WILKINS sustained the Point of Order and ordered the amendment out of order.
Rep. FLEMING proposed the following Amendment No. 143 (Doc Name P:\AMEND\PSD\7118AC.97), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION_____

TO AMEND SECTION 51-23-30 OF THE 1976 CODE, RELATING TO GRANT FUNDS FOR PARKS AND RECREATION FACILITIES, SO AS TO ALLOW UNSPENT GRANT FUNDS TO BE CARRIED FORWARD FOR TEN YEARS INSTEAD OF THREE YEARS.
The department shall devise and administer a noncompetitive program of grants to eligible entities within each county area for planning and development for of new parks and recreation facilities or renovations of existing facilities. Grant funds may not be used to supplant existing funding for parks and recreation purposes nor may they be used to retire indebtedness incurred prior to before July 1, 1988. Grant awards must be made by the department according to criteria and administrative guidelines it shall develop develops and furnish furnishes to potential grant applicants. All grants must be in the form of reimbursements and no a grant may not be awarded unless the grantee matches the grant in an amount equal to at least twenty percent of the grant. All grant applications must be submitted in writing and signed by a majority of the members of the legislative delegation representing the eligible entity applying for the grant. Unexpended grant funds in any account may be carried forward for not more than three seven succeeding fiscal years, after which any.Then unexpended funds must be reallocated on a statewide basis in the next fiscal year as part of the distribution to the Fund for that year."
Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Amendment No. 143 was not germane to the Bill.
Rep. FLEMING argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Reps. H. BROWN and BOAN proposed the following Amendment No. 147 (Doc Name P:\AMEND\GJK\20309sd.97), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered to read:

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 59-130-35 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF THE COLLEGE OF CHARLESTON, WITH THE CONSENT OF THE BUDGET AND CONTROL BOARD, TO SELL REMLEY'S POINT WHICH IT OWNS IN CHARLESTON COUNTY DURING FISCAL YEAR 1997-98 OR THEREAFTER, AND TO PROVIDE THAT CERTAIN FUNDS APPROPRIATED TO THE COLLEGE IN SECTION 18E, PART I OF THIS ACT, AFTER THIS PROPERTY IS SOLD SHALL BE USED FOR THE PURPOSE OF ACQUIRING THROUGH LEASE OR PURCHASE ADDITIONAL REAL AND PERSONAL PROPERTY IN CHARLESTON COUNTY WHICH SHALL BE USED FOR ATHLETIC, INTRAMURAL, OR SPORTS PROGRAMS OF THE COLLEGE, AND TO PROVIDE THAT THE PROCEEDS DERIVED FROM THIS SALE SHALL BE RETAINED BY THE COLLEGE AND USED TO REIMBURSE THE APPROPRIATION WHICH WAS USED TO FUND THIS PURCHASE.
A.   The 1976 Code is amended by adding:
"Section 59-130-35.   (A)   Pursuant to item (4) of Section 59-130-30, the board of trustees of the College of Charleston, with the consent of the Budget and Control Board, is authorized to sell Remley's Point which it owns in Charleston County during fiscal year 1997-98 or thereafter for such price and under such terms and conditions as the board considers appropriate. The funds appropriated to the college for other operating expenses on line 13, Section 18E, Part I of this act, after this property is sold shall be used by the college for the purpose of acquiring through lease or purchase additional real and personal property in Charleston County which shall be used for athletic, intramural, or sports programs of the college. The proceeds derived from this sale shall be retained by the college and used to reimburse the appropriation which was used as provided above to fund this purchase.
(B)   Remley's Point for purposes of this section is described as follows:
'All that certain piece, parcel or tract of land, situate, lying and being in Christ Church Parish in the County of Charleston, State aforesaid, containing 17.32 acres of highland and 15 acres of marshlands, be the same more or less, more particularly shown and delineated on a plat thereof entitled 'Plat of 17.32 acres in Christ Church Parish, Charleston County, State aforesaid conveyed by the Estates of W. A. Leland and W. R. Bonsal to the College of Charleston', surveyed August 6, 1975, by W. L. Gaillard, Surveyor.'
The property is further identified on Charleston County Tax Map 514-05-00 as parcel number 6."/
Amend totals and title to conform.
Renumber sections to conform.

Rep. H. BROWN explained the amendment.
The amendment was then adopted.

Rep. KIRSH proposed the following Amendment No. 149 (Doc Name P:\AMEND\JIC\5293HTC.97), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-72 SO AS TO REQUIRE AN AMOUNT EQUAL TO IMPACT FEES COLLECTED BY A COUNTY OR MUNICIPALITY TO BE REMITTED TO THE STATE TREASURER AND CREDITED TO THE GENERAL FUND OF THE STATE OR DEDUCTED FROM THE POLITICAL SUBDIVISIONS DISTRIBUTIONS UNDER AID TO SUBDIVISIONS.
A.   CHAPTER 1, TITLE 6 OF THE 1976 CODE IS AMENDED BY ADDING:
"SECTION 6-1-72.   THE GOVERNING BODY OF A COUNTY OR MUNICIPALITY WHICH IMPOSES AND COLLECTS ANY IMPACT FEE WHICH IS CHARGED WITH RESPECT TO DEVELOPMENT OF REAL PROPERTY SHALL, NOT LATER THAN TEN DAYS AFTER THE CLOSE OF A FISCAL YEAR QUARTER, REMIT TO THE STATE TREASURER AN AMOUNT EQUAL TO THE AMOUNT OF IMPACT FEES COLLECTED IN THE PREVIOUS FISCAL YEAR QUARTER. THECOUNTY OR MUNICIPALITY MAY VOLUNTARILY ELECT TO HAVE THE STATE TREASURER OR COMPTROLLER GENERAL, AS APPROPRIATE, DEDUCT THE AMOUNT REQUIRED TO BE REMITTED FROM ANY DISTRIBUTIONS AUTHORIZED TO BE MADE TO THE COUNTY OR MUNICIPALITY UNDER AID TO SUBDIVISIONS."
B.   THIS SECTION TAKES EFFECT July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. TOWNSEND proposed the following Amendment No. 157 (Doc Name P:\AMEND\JIC\5805AC.97), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2995 SO AS TO REQUIRE TEN DOLLARS OF EVERY FINE ASSESSED FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTICS OR OTHER DRUGS TO BE REMITTED TO AND DISTRIBUTED BY THE STATE TREASURER TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR ITS HEAD AND SPINAL CORD INJURIES SPECIAL FAMILY SUPPORT PROGRAM.
Section 56-5-2995.   Ten dollars of every fine assessed under this article must be remitted to the State Treasurer who must distribute these funds to the Department of Disabilities and Special Needs for the Head and Spinal Cord Injuries Special Family Support Program./
Renumber sections to conform.
Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER

Rep. R. SMITH raised the Point of Order that Amendment No. 157 was not germane to the Bill.
Rep. TOWNSEND argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. TOWNSEND continued speaking.

POINT OF ORDER

Rep. FELDER raised the Point of Order that Amendment No. 157 was not germane to the Bill.
Rep. TOWNSEND argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. FELDER spoke against the amendment.
Rep. TOWNSEND spoke in favor of the amendment.
Rep. FELDER moved to table the amendment.

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

Yeas 62; Nays 43

Those who voted in the affirmative are:

Allison                   Altman                    Askins
Bailey                    Barfield                  Battle
Beck                      Boan                      Bowers
Brown, H.                 Campsen                   Cato
Cave                      Chellis                   Cooper
Cotty                     Cromer                    Dantzler
Delleney                  Easterday                 Edge
Felder                    Gamble                    Gourdine
Harrell                   Hawkins                   Hinson
Keegan                    Kelley                    Kinon
Kirsh                     Knotts                    Koon
Law                       Mason                     McCraw
McKay                     McLeod                    McMahand
McMaster                  Miller                    Neilson
Parks                     Phillips                  Rhoad
Rice                      Riser                     Rodgers
Seithel                   Sharpe                    Sheheen
Smith, D.                 Smith, F.                 Smith, R.
Spearman                  Stuart                    Tripp
Vaughn                    Whatley                   Wilkins
Witherspoon               Young-Brickell

Total--62

Those who voted in the negative are:

Barrett                   Bauer                     Baxley
Brown, G.                 Brown, J.                 Brown, T.
Davenport                 Fleming                   Hamilton
Haskins                   Hines, J.                 Hines, M.
Inabinett                 Jordan                    Klauber
Leach                     Lee                       Limbaugh
Limehouse                 Littlejohn                Lloyd
Loftis                    Mack                      Maddox
Martin                    Meacham                   Moody-Lawrence
Neal                      Pinckney                  Quinn
Sandifer                  Simrill                   Stille
Stoddard                  Townsend                  Trotter
Walker                    Webb                      Whipper
Wilder                    Wilkes                    Woodrum
Young

Total--43

So, the amendment was tabled.

Rep. McLEOD proposed the following Amendment No. 161 (Doc Name P:\AMEND\GK.\20293AC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered to read:

/SECTION

TO AMEND SECTION 56-3-1230, AS AMENDED, OF THE 1976 CODE, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO REQUIRE THE NAME OF THE COUNTY IN WHICH A VEHICLE IS REGISTERED AND PROPERTY TAXES ARE PAID BE PLACED ON LICENSE PLATES AND TO PROVIDE AN EXCEPTION.
A.   Section 56-3-1230(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(A)   A license plates plate must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, the name of the county in which the vehicle is registered and property taxes are paid, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. There is no requirement for showing the name of the appropriate county on personalized and special plates. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate. A license plates plate issued for vehicles a vehicle in excess of twenty-six thousand pounds must be issued biennially, and no revalidation sticker may be issued for the plates. A license plates plate issued as permanent may be revalidated and replaced at intervals determined by the department."
B.   This section takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. McLEOD explained the amendment.

POINT OF ORDER

Rep. QUINN raised the Point of Order that Amendment No. 161 was not germane to the Bill.
Rep. SIMRILL raised the Point of Order that Rep. Quinn was not in his seat.
SPEAKER WILKINS, in accordance with Rule 3.6, sustained the Point of Order.

POINT OF ORDER

Rep. QUINN raised the Point of Order that Amendment No. 161 was not germane to the Bill.
Rep. McLEOD argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. McLEOD continued speaking.

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

Rep. VAUGHN proposed the following Amendment No. 167 (Doc Name P:\AMEND\JIC\5797HTC.97), which was adopted.
Amend the bill, as and if amended, part ii, by adding an appropriately numbered SECTION to read:

/ SECTION ___
TO AMEND SECTION 56-3-2350, AS AMENDED, OF THE 1976 CODE, RELATING TO TRANSPORTER MOTOR VEHICLE LICENSE PLATES, SO AS TO LIMIT THEIR USE TO MOVEMENT OF MOTOR VEHICLES FROM A MANUFACTURER TO A DEALER OR DISTRIBUTOR, IN CONNECTION WITH THE CONSTRUCTION OF VEHICLE CABS OR BODIES, AND MOVING FORECLOSED OR REPOSSESSED VEHICLES AND TO PROHIBIT THE USE OF THESE PLATES ON VEHICLES LOANED, RENTED, OR LEASED TO EMPLOYEES OF THE TRANSPORTER OR ANY OTHER INDIVIDUALS.
Section 56-3-2350 of the 1976 Code, as amended by Act 497 of 1994, is further amended to read:
"Section 56-3-2350.   A person engaged in a the business of limited operation of motor vehicles to facilitate the manufacture or the movement of vehicles from a manufacturer to a dealer or distributor, or for the move of vehicles to further the construction of cabs or bodies, or in connection with the foreclosure or repossession of these motor vehicles may apply to the department for special registration to be issued to and used by the person upon the following conditions:
(1) The application must be in a form prescribed by the department to include the applicable liability insurance as prescribed by statute and filed with the department each year. The application must include the name and residence address of the applicant as follows:
(a)   if an individual, the name under which he intends to conduct business;
(b)   if a partnership, the name and residence address of each member of the partnership and the name under which the business is to be conducted;
(c)   if a corporation, the name and company addresses of the corporation and the name and residence address of each of its officers.
(2)   The application must be certified by the applicant and by an agent of the department to verify the facts set forth in the application.
(3)   The annual fee for registration is fifty dollars, plus an annual fee of ten dollars for each license plate.
(4)   License plates authorized by this section must not be used on vehicles that are loaned, rented, or leased by the licensed transporter to employees or any other individuals."/
Renumber sections to conform.
Amend title and totals to conform.

Rep. VAUGHN explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. VAUGHN continued speaking.
Reps. WALKER and SIMRILL spoke in favor of the amendment.
The amendment was then adopted.

Rep. STILLE proposed the following Amendment No. 177 (Doc Name P:\AMEND\DKA\4189DW.97), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION __

TO AMEND SECTION 59-143-30 OF THE 1976 CODE, RELATING TO ALLOCATION OF FUNDS FROM THE CHILDREN'S EDUCATION ENDOWMENT TO INDEPENDENT COLLEGES FOR HIGHER EDUCATION TUITION GRANTS AND PALMETTO FELLOWS SCHOLARSHIPS, SO AS TO INCLUDE FOR PURPOSES OF THE PALMETTO FELLOWS SCHOLARSHIP PROGRAM, TWO YEAR INSTITUTIONS OF HIGHER EDUCATION ACCREDITED BY THE SOUTHERN ASSOCIATION OF COLLEGES AND SECONDARY SCHOOLS.
a.   Section 59-143-30 of the 1976 Code is amended by adding:
"(6)   In addition to the independent colleges participating in the Palmetto Fellows Scholarship Program, all two-year institutions of higher education accredited by the Southern Association of Colleges and Secondary Schools also are eligible to participate in the program."
B. This section takes effect upon approval by Governor./
Renumber sections to conform.
Amend totals and title to conform.

Rep. STILLE explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to by a division vote of 51 to 26.

Rep. BOWERS proposed the following Amendment No. 181 (Doc Name P:\AMEND\PSD\7126AC.97), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
/TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 54 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA STATE PARKS: A GREAT EXPERIENCE" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
A.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 54

South Carolina State Parks: A Great Experience License Plates
Section 56-3-5500.   (A)   The department may issue a special commerative 'South Carolina State Parks: A Great Experience' motor vehicle license plate to promote and contribute to the maintenance and operation of state parks. The department shall develop forms to be completed by the vehicle registrant upon purchase of the license plate which designates to which state park the portion of the license fee, pursuant to subsection (B), must be distributed.
(B)   The biennial fee for the commerative license plate is seventy-two dollars. Twenty-four dollars of this amount must be deposited in the state general fund. Forty-eight dollars of this amount must be remitted to the State Treasurer for distribution to the state parks pursuant to the designations made by the vehicle registrants upon purchase of the license plates to promote and maintain the operation of the state parks.
(C)   The commerative plate must be of the same size and general design of a regular motor vehicle license plate and must be imprinted with the words 'South Carolina State Parks: A Great Experience'. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. BOWERS explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to by a division vote of 40 to 39.

Rep. COBB-HUNTER proposed the following Amendment No. 187 (Doc Name P:\AMEND\GK.\20294AC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:

/SECTION

THE 1976 CODE IS AMENDED BY ADDING SECTION 12-21-2723 SO AS TO IMPOSE AN ADDITIONAL ONE THOUSAND DOLLAR BIENNIAL LICENSE TAX FEE ON COIN-OPERATED NONPAYOUT TYPE, IN-LINE PIN GAME, OR VIDEO GAME WITH A FREE PLAY FEATURE AND TO REQUIRE THIS ADDITIONAL FEE BE REMITTED TO THE STATE TREASURER AND CREDITED TO OFFSET REVENUE LOSSES ATTRIBUTABLE TO THE TAX CREDIT FOR FAMILIES WITH CHILDREN IN COLLEGE.
A.   The 1976 Code is amended by adding:
"Section 12-21-2723.   In addition to the license tax fee imposed pursuant to Section 12-21-2120(A)(3), there is imposed one thousand dollars per biennium fee on these machines and devices. Revenue collected pursuant to this section must be credited to offset revenue losses attributable to the tax credit for families with children in college."
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. BOAN moved to table the amendment, which was agreed to.

Rep. WILKES proposed the following Amendment No. 189 (Doc Name P:\AMEND\PT\1002SD.97), which was rejected.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION

TO AMEND SECTION 12-36-910, AS AMENDED, OF THE 1976 CODE, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES BEGINNING JUNE 1, 1998.
A.   Section 12-36-910(B)(1) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"(1)   gross proceeds accruing or proceeding from the business of providing or furnishing any laundering, dry-cleaning, dyeing, or pressing service, but does not apply to the gross proceeds derived from coin-operated laundromats and dry-cleaning machines; provided, that beginning June 1, 1998, the sales tax shall not apply to these services in the manner provided in Section 12-36-2120;"
B.   Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( )   laundry, dry-cleaning, dyeing, and pressing services according to the following schedule:
(a)   the sales tax on the gross proceeds of such sales shall be four percent beginning June 1, 1998;
(b)   the sales tax on the gross proceeds of such sales shall be two percent beginning July 1, 1998; and
(c)   the gross proceeds of such sales are exempt from the sales tax beginning July 1, 1999.
The term 'laundry, dry-cleaning, dyeing, and pressing services' as used in this item does not include coin-operated laundromats and dry-cleaning machines which are exempt from the sales tax as provided in Section 12-36-910 and shall continue to be so exempt after the effective date of this item."
C.   Section 12-36-2120(24) of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"(24)   supplies and machinery used by laundries, cleaning, dyeing, or pressing, or establishments and supplies and machinery used by garment or other textile rental establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;"
D.   This section takes effect upon approval by the Governor, except that subsection C. takes effect on July 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.

Rep. WILKES explained the amendment.

SPEAKER IN CHAIR

POINT OF ORDER

Rep. HARRELL raised a Point of Order that Amendment No. 189 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. WILKES continued speaking.
Rep. HARRELL spoke against the amendment.
Rep. WILKES spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.

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

Yeas 43; Nays 70

Those who voted in the affirmative are:

Allison                   Altman                    Barrett
Beck                      Boan                      Brown, H.
Carnell                   Chellis                   Dantzler
Fleming                   Harrell                   Harrison
Haskins                   Hinson                    Keegan
Kelley                    Kirsh                     Law
Leach                     Limbaugh                  Littlejohn
Maddox                    Martin                    Mason
McCraw                    McKay                     McLeod
McMaster                  Mullen                    Quinn
Rice                      Rodgers                   Smith, D.
Smith, R.                 Spearman                  Stuart
Trotter                   Walker                    Webb
Wilkins                   Witherspoon               Woodrum
Young-Brickell

Total--43

Those who voted in the negative are:

Askins                    Bailey                    Barfield
Battle                    Bauer                     Baxley
Breeland                  Brown, G.                 Brown, J.
Brown, T.                 Byrd                      Campsen
Cato                      Cave                      Clyburn
Cobb-Hunter               Cooper                    Cotty
Cromer                    Davenport                 Delleney
Easterday                 Edge                      Felder
Gamble                    Gourdine                  Govan
Hamilton                  Harvin                    Hawkins
Hines, J.                 Hines, M.                 Hodges
Howard                    Inabinett                 Jennings
Jordan                    Kennedy                   Kinon
Knotts                    Koon                      Lee
Limehouse                 Lloyd                     Loftis
Mack                      McMahand                  Meacham
Moody-Lawrence            Neal                      Parks
Phillips                  Pinckney                  Riser
Sandifer                  Scott                     Seithel
Sharpe                    Sheheen                   Simrill
Smith, F.                 Smith, J.                 Stoddard
Tripp                     Vaughn                    Whatley
Whipper                   Wilder                    Wilkes
Young

Total--70

So, the House refused to table the amendment.

Rep. H. BROWN spoke against the amendment.

POINT OF ORDER

Rep. HASKINS raised a Point of Order that Amendment No. 189 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. H. BROWN continued speaking.
Reps. QUINN and HARRELL spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 28; Nays 80

Those who voted in the affirmative are:

Altman                    Barfield                  Battle
Baxley                    Brown, G.                 Campsen
Cooper                    Cotty                     Cromer
Delleney                  Edge                      Gamble
Hodges                    Koon                      Lee
Limehouse                 Loftis                    Meacham
Miller                    Rhoad                     Seithel
Sheheen                   Simrill                   Stille
Whatley                   Wilder                    Wilkes
Young

Total--28

Those who voted in the negative are:

Askins                    Bailey                    Barrett
Bauer                     Beck                      Boan
Bowers                    Breeland                  Brown, H.
Brown, J.                 Byrd                      Cato
Cave                      Chellis                   Clyburn
Dantzler                  Easterday                 Fleming
Gourdine                  Govan                     Hamilton
Harrell                   Harrison                  Haskins
Hawkins                   Hines, J.                 Hines, M.
Hinson                    Howard                    Inabinett
Jennings                  Jordan                    Keegan
Kelley                    Kennedy                   Kinon
Kirsh                     Knotts                    Law
Leach                     Limbaugh                  Littlejohn
Lloyd                     Mack                      Maddox
Martin                    Mason                     McCraw
McKay                     McLeod                    McMahand
McMaster                  Moody-Lawrence            Mullen
Neal                      Parks                     Phillips
Pinckney                  Quinn                     Rice
Riser                     Rodgers                   Sandifer
Scott                     Smith, F.                 Smith, J.
Smith, R.                 Spearman                  Stoddard
Stuart                    Townsend                  Tripp
Trotter                   Vaughn                    Walker
Webb                      Wilkins                   Witherspoon
Woodrum                   Young-Brickell

Total--80

So, the amendment was rejected.

Reps. KLAUBER, KNOTTS, LIMBAUGH, WHATLEY and BAUER proposed the following Amendment No. 193 (Doc Name P:\AMEND\JIC\5800ac.97), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-33 SO AS TO PROVIDE THAT CERTAIN PRISONERS MAY BE HOUSED IN TENTS.
A.   This section may be cited as the "Prison Overcrowding Relief Act of 1997".
B.   The 1976 Code is amended by adding:
"Section 24-3-33.   (A)   The Department of Corrections may use tents to house prisoners eligible for minimum custody confinement or work release.
(B)   A person charged with the operation of a county jail or detention facility may use tents to house prisoners convicted of nonviolent offenses.
(C)   The release of prisoners must not be ordered under a provision of the laws of this State, including Section 24-22-40, unless the department or a person charged with the operation of a county jail or detention facility has erected tents to house inmates eligible to be housed.
(D)   If the department or a person charged with the operations of a county jail or detention facility elects to use tents to house inmates as provided in this section, a tent constructed or used must be subject to fire safety inspections by the State Fire Marshal under fire safety codes for structures housing the number of persons to be housed in each tent. The tents also are subject to food service, sanitation, and health safety inspections by the Department of Health and Environmental Control under food service, sanitation, and health safety codes for structures housing the number of persons to be housed in each tent."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KLAUBER explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 193 was not germane to the Bill.
Rep. LIMBAUGH argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. D. SMITH proposed the following Amendment No. 194 (Doc Name P:\AMEND\BBM\9209CM.97), which was ruled out of order.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:

/ SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 16-3-1350 SO AS TO PROVIDE FOR MEDICAL EXAMINATIONS OF VICTIMS OF SEXUAL ASSAULTS; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE PROVISIONS OF THIS ARTICLE AND REPLACE IT WITH PROVISIONS PROVIDING FOR VICTIM AND WITNESS SERVICES.
A.   The 1976 code is amended by adding:
"SECTION 16-3-1350.   (A)   The State shall ensure that alleged victims of criminal sexual conduct in any degree or child sexual abuse shall not bear the cost of his or her routine medicolegal exam following the assault provided the victim has filed an incident report with a law enforcement agency.
(B)   These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and must meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division and the South Carolina Hospital Association. These exams shall include treatment for venereal disease, and shall include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division shall distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency shall immediately transport the victim to the nearest licensed health care facility which performs sexual assault exams. Any health care facility providing sexual assault exams shall use the standardized protocol described above.
(C)   A licensed health care facility, upon completion of a routine sexual assault exam as described in subsection (B) above performed on an alleged victim of criminal sexual conduct in any degree or of child sexual abuse, provided the crime occurred in South Carolina, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund. The South Carolina Crime Victim's Compensation Fund must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel shall obtain any information necessary for the claim at the time of the exam if possible. The South Carolina Crime Victim's Compensation Fund shall reimburse eligible health care facilities directly.
(D)   there is hereby appropriated from the general fund of this State the sum of one hundred and ten thousand dollars to the South Carolina Victim's Compensation Fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund shall develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities."
B.   ARTICLE 15, CHAPTER 3, TITLE 16 OF THE 1976 CODE, AS AMENDED, IS FURTHER AMENDED TO READ:

"ARTICLE 15
Victim's and Witness's Bill of Rights

Section 16-3-1510.   In recognition of the civic and moral duty of victims and witnesses of crime to fully and voluntarily cooperate with law enforcement and prosecutorial agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal justice system of this State, the General Assembly declares its intent, in this article, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity; that the rights extended in this article to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services to victims of crime, including victims of domestic violence and criminal sexual assault.
Section 16-3-1520.   For the purpose of this article, "witness" means any person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced.
Section 16-3-1530.   This section is known and may be cited as the "Victim's and Witness's Bill of Rights". To the extent reasonably possible and subject to available resources, victims and witnesses of crime are afforded the following rights where applicable:
(A)   VICTIMS AND WITNESSES HAVE A RIGHT TO BE TREATED WITH DIGNITY AND COMPASSION.
(1)   A victim has a right to basic human services to meet emergency and long term needs caused by financial, physical, or psychological injury.
(2)   A victim or witness has a right to be treated with dignity by human service professionals who provide basic assistance.
(3)   A victim or witness has a right to receive courteous assistance as they cooperate with criminal justice personnel.
(B)(1) A victim has the right to be free from intimidation when involved in the criminal justice system.
(2)   When the threat of damaging intimidation cannot be avoided, law enforcement agencies shall take measures to protect the victim or witness, including, but not be limited to, transportation to and from court and physical protection in the courthouse.
(3)   The court shall provide the victim or witness courthouse waiting areas that are separate from those that will be used by the defendant, his or her family, or friends.
(4)   If a witness is threatened, the solicitor shall, to the extent reasonably possible, attempt to prosecute the case.
(C)   A victim or witness who wishes to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole, and Pardon Services his current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole, and Pardon Services files, is privileged and must not be disclosed directly or indirectly, except between these two departments, or by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole, and Pardon Services and the Department of Corrections.
(1)   victim or witness has a right to be informed about the procedures and practices of the criminal justice system.
(2)   victim has a right to be informed of financial assistance and other social services available to victims and witnesses.
(3)   A victim has a right to be informed of any compensation or fees to which they are entitled.
(4)   A victim has a right to know the status and progress of his case from the police investigation to final disposition.
(5)   A victim or prosecution witness has a right to be informed of a defendant's release on bail and to provide recommendations to the magistrate.
(6)   A victim or prosecution witness has a right to be informed of post-sentence hearings affecting the probation or parole of the offender.
(7)   A victim or prosecution witness has the right to be informed when the convicted offender receives a temporary, provisional, or final release from custody or the offender escapes from custody.
(8)   Unless there is a judicial determination to restrict attendance, a victim or witness has the right to attend all hearings and procedures involving his case. A victim or prosecution witness has the right to be informed of all hearings and procedures in time to exercise his right to attend.
(9)   A victim has the right to be informed of whatever rights to legal counsel are available to him in this State.
(10)   A victim has the right to discuss his case with the prosecutor.
(11)   A victim has a right to be informed of all available civil remedies respecting his case and to proceed in civil suits for recovery for damages if possible, including placing a lien on any profits received by the offender as a result of publication or media coverage resulting from the crime.
(12)   A victim has the right to discuss his case with the solicitor or other prosecutor and be informed of any offers to plea bargain with the defendant.
(13)   A victim or prosecution witness has the right to be notified in advance when a court proceeding has been rescheduled or cancelled.
(14)   A witness has a right to be informed of financial assistance, compensation, or fees to which they are entitled.
(D)(1)   A victim or witness has the right to receive a reasonable witness fee plus reimbursement for necessary out-of-pocket expenses associated with lawfully observing a subpoena. The court shall determine the rate of reimbursement and reimburse all eligible persons in a timely manner.
(2)   A victim or his surviving dependents have the right to receive financial compensation for physical or emotional injuries suffered as a result of being a victim of a violent, bodily crime. The eligibility and award will be determined by the South Carolina Crime Victim's Compensation Fund.
(3)   A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution.
(E)(1)   A victim or witness has the right to respond to a subpoena without fear of retaliation or loss of wages from his employer. Victims and witnesses must be provided, where appropriate, employer and creditor intercession services by the solicitor who (a) shall seek employer cooperation in minimizing employees' loss of pay and other benefits resulting from their participation in the criminal justice process, and (b) shall seek consideration from creditors if the victim is unable, temporarily, to continue payments.
(2)   A victim has the right to have recovered, or taken personal property returned as expeditiously as possible unless the property is contraband, property subject to evidentiary analysis, property the ownership of which is disputed, or the property is needed for law enforcement or prosecution purposes. The property must be returned by the court, the solicitor, or law enforcement agencies using photographs of property as evidence whenever possible.
(F)   The court, the solicitor, and the defense shall recognize the rights due victims and witnesses and protect them as diligently as the defendant's rights.
(1)   A victim has the right to participate in the criminal justice process directly or through representation.
(2)   A victim or witness has the right to retain counsel with standing in court to represent him in cases involving the victim's reputation.
(3)   A victim or witness has the right to a speedy disposition of the case so as to minimize the stress, cost, and inconvenience resulting from his involvement in a prosecution.
(G)     The court shall treat "special" witnesses sensitively, using closed or taped sessions when appropriate. The solicitor or defense shall notify the court when a victim or witness deserves special consideration.
Section 16-3-1535.   General law enforcement agencies shall provide crime victims, free of charge, a copy of the crime incident report relating to their case and a document which describes the statutory rights the State grants crime victims in criminal cases that list the local crime victim assistance providers. The statutory rights contained in this document shall include all rights contained in Section 16-3-1530.
Section 16-3-1540.   Nothing in Section 16-3-1530 of this article creates a cause of action on behalf of any person against any public employee, public agency, the State, or any agency responsible for the enforcement of rights and provision of services set forth in this article.
Section 16-3-1550.   (A) The provisions of this section govern the disposition of any offense within the jurisdiction of the General Sessions Court, excluding any crime for which a sentence of death is sought, in any case which involves an identified victim whose whereabouts are known.
(B)   It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in General Sessions Court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In cases where the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, and to the Probation, Parole, and Pardon Services Board. Solicitors shall begin using these victim impact statements no later than January 1, 1985.
(C)   The Attorney General's Office shall develop a standard form for the victim impact statement. For this purpose, the Attorney General may seek the assistance of any other state agency or department in developing this form. The Attorney General's office shall distribute this form to all solicitor's offices no later than November 1, 1984.
(D)   The victim impact statement shall:
(1)   Identify the victim of the offense;
(2)   Itemize any economic loss suffered by the victim as a result of the offense;
(3)   Identify any physical and psychological injury suffered by the victim as a result of the offense, along with its seriousness and permanence;
(4)   Describe any changes in the victim's personal welfare or familial relationships as a result of the offense;
(5)   Identify any request for psychological services initiated by the victim or the victim's family as a result of offense;
(6)   Contain any other information related to the impact of the offense upon the victim; and
(7)   The original of the statement must be included in the court file with one copy for the solicitor and one copy for the victim.
(E)   [Deleted]
(F)   No sentence may be invalidated because of failure to comply with the provisions of this section. This section must not be construed to create any cause of action for monetary damages.
Section 16-3-1560.   (A)   The State shall ensure that alleged victims of criminal sexual conduct in any degree or child sexual abuse shall not bear the cost of his or her routine medicolegal exam following the assault provided the victim has filed an incident report with a law enforcement agency.
(B)   These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and must meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division and the South Carolina Hospital Association. These exams shall include treatment for venereal disease, and shall include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division shall distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency shall immediately transport the victim to the nearest licensed health care facility which performs sexual assault exams. Any health care facility providing sexual assault exams shall use the standardized protocol described above.
(C)   A licensed health care facility, upon completion of a routine sexual assault exam as described in (B) above performed on an alleged victim of criminal sexual conduct in any degree or of child sexual abuse, provided the crime occurred in South Carolina, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund. The South Carolina Crime Victim's Compensation Fund must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel shall obtain any information necessary for the claim at the time of the exam if possible. The South Carolina Crime Victim's Compensation Fund shall reimburse eligible health care facilities directly.
(D)   There is hereby appropriated from the general fund of this State the sum of one hundred and ten thousand dollars to the South Carolina Victim's Compensation Fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund shall develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities.
(E)   When the director determines that projected reimbursements in any fiscal year provided for in this section will exceed funds appropriated for payment of these reimbursements, he shall direct payment of additional services from the Victim's Compensation Fund.

Article 15
Victim and Witness Services

Section 16-3-1505.   In recognition of the civic and moral duty of victims and witnesses of crime fully and voluntarily to cooperate with law enforcement and prosecution agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal and juvenile justice systems of this State, and to implement the rights guaranteed to crime victims in the Constitution of this State, the General Assembly declares its intent, in this article, to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity; that the rights and services extended in this article to victims and witnesses of crime are honored and protected by law enforcement agencies, prosecutors, witnesses of crime are honored and protected by law enforcement agencies, prosecutor, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services to victims of crime, including victims of domestic violence and criminal sexual assault.
Section 16-3-1510.   For the purpose of this article:
(1)   'Victim' means a person who suffers direct or threatened physical, psychological, or financial harm as the result of the commission or attempted commission of a crime against him. The term victim also includes the person's spouse, parent, child, or lawful representative of a crime victim who is:
(a)   deceased;
(b)   a minor;
(c)   incompetent;
(d)   a homicide victim; or
(e)   physically or psychologically incapacitated.
(2)   'Witness' means a person who has been or is expected to be summoned to testify for either the prosecution or defense or who by reason of having relevant information is subject to be called or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has been commenced.
(3)   'Prosecuting agency' means the Solicitor, Attorney General, special prosecutor, or any other person or entity charged with the prosecution of a criminal case in General Sessions or Family Court.
(4)   'Summary court' means magistrate or municipal court.
(5)   'Initial crime incident report' means a uniform traffic accident report or a standardized incident report form completed at the time of an initial law enforcement response. This term does not include supplementary reports, investigative notes or reports, statements, letters, memos, other communications, measurements, sketches, diagrams, or any other material that may be produced by law enforcement officers or witnesses.
(6)   'In writing' means any written communication, including electronically transmitted data.
Section 16-3-1515.   (A)   A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article or both shall provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his legal name, current mailing address, and telephone number.
(B)   A victim who wishes to receive restitution, within appropriate time limits set by the prosecuting agency or summary court judge, must provide the prosecuting agency or summary court judge with an itemized list, including values of property stolen, damaged or destroyed, property recovered, medical or counseling expenses, or both, income lost due to the crime, out-of-pocket expenses made necessary by the crime, and any other financial losses that may have been incurred, together with an itemization of financial recovery from insurance, the crime victims' compensation fund, or other sources. The prosecuting agency or court, or both, may require documentation of all claims. This information may be included in a written Victim Impact Statement.
(C)   A victim who wishes to be present for any plea, trial, or sentencing shall notify the prosecuting agency or summary court judge of that desire. This notification may be included in a written Victim Impact Statement.
(D)   A victim who wishes to submit a written Victim Impact Statement shall provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.
(E)   A victim who wishes to make an oral Victim Impact Statement to the court at sentencing shall notify the prosecuting agency or summary court judge of this desire in advance of the sentencing.
Section 16-3-1520.   (A) Law enforcement agencies shall provide crime victims, free of charge, a copy of the initial crime incident report relating to their case, and a document which:
(1)   describes the constitutional rights the State grants victims in criminal cases;
(2)   describes the responsibilities of victims in exercising these rights;
(3)   lists the local crime victim assistance and social service providers;
(4)   provides information on eligibility and application for crime victims compensation benefits; and
(5)   provides information about the rights of individuals who are harassed or threatened.
(B)   Law enforcement agencies, within a reasonable time of initial contact, shall assist each eligible victim in applying for crime victims compensation benefits and other available financial, social service, and counseling assistance.
(C)   Law enforcement based victim advocates, upon request, may intervene with, and seek special consideration from, creditors of crime victims who are temporarily unable to continue payments due to a crime, and with the victim's employer, landlord, school, and other parties as appropriate through the investigative process.
(D)   Law enforcement agencies, upon request, reasonably shall inform victims of the status and progress of their cases from initial incident through:
(1)   disposition in summary court;
(2)   the referral of a juvenile offender to the Department of Juvenile Justice; or
(3)   transmittal of a general sessions warrant to the prosecuting agency.
Section 16-3-1525.   (A) Law enforcement agencies, upon effecting the arrest or pickup of a person accused of committing a crime involving one or more victims, reasonably shall attempt to notify each victim of the arrest or pickup and of the appropriate bail, bond, or other pretrial release hearing or procedure.
(B)   Law enforcement agencies, before making a decision about the release of a juvenile offender to his parent or guardian, shall make a reasonable effort to inform each victim of the juvenile offender.
(C)   Law enforcement agencies, upon effecting the arrest or pickup of a person suspected of committing a crime involving one or more victims, shall provide to the jail, prison, detention, or holding facility having physical custody of the defendant, the names, mailing addresses, and telephone numbers of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, detention, or holding facility are confidential and may not be disclosed directly or indirectly, except as necessary to provide notifications.
(D)   Law enforcement agencies, upon effecting the arrest or pickup of a juvenile suspected of committing a crime involving one or more victims, shall provide to the Department of Juvenile Justice the names, addresses, and telephone numbers of each victim.
(E)   In all cases not under jurisdiction of a summary court and before a bond or release proceeding before a circuit or family court judge, after effecting the arrest or pickup of a person suspected of committing a crime and involving one or more victims, the arresting law enforcement agency shall provide, in writing, to the prosecuting agency the names, addresses, and telephone numbers of each victim.
(F)   After arresting a person suspected of committing a crime under the jurisdiction of a summary court or subject to a preliminary hearing, and involving one or more victims, the arresting law enforcement agency shall provide, in writing to the summary court the names, mailing addresses, and telephone numbers of each victim.
(G)   Law enforcement agencies shall provide the measures necessary to protect the victims and witnesses, including court transportation and physical protection in the courthouse.
(H)   In cases in which a criminal defendant has bail or bond set by a summary court judge:
(1)   the facility having custody of the defendant reasonably shall attempt to notify each victim related to the case of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victims to exercise their rights contained in this article;
(2)   the summary court judge, before proceeding with a bail or bond hearing in a case involving a victim, shall ask the facility representative to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If not, the hearing must be delayed for a reasonable time to allow notice; and
(3)   the summary court judge shall impose bond conditions which, in his discretion, are sufficient to protect victims from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(I)   In cases in which a criminal defendant will have a bond or bail matter heard by a circuit court judge:
(1)   the prosecuting agency reasonably shall attempt to notify each victim related to the case of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victims to exercise their rights contained in this article;
(2)   the circuit court judge, before proceeding with a bail or bond matter in a case involving a victim, shall ask the prosecuting agency representative to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If not, the hearing must be delayed for a reasonable time to allow notice; and
(3)   the circuit court judge shall impose bond conditions which, in his discretion, are sufficient to protect victims from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(J)   In cases in which a criminal defendant will have a detention hearing before a family court judge:
(1)   the prosecuting agency shall reasonably attempt to notify each victim related to the case of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victims to exercise their rights in this regard;
(2)   the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If not, the hearing must be delayed for a reasonable time to allow notice; and
(3)   the family court judge, if he does not rule that the juvenile offender must be detained, shall impose release conditions which, in his discretion, are sufficient to protect victims from harassment or intimidation by the defendant or persons acting on the defendant's behalf.
(K)   Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably shall attempt to notify each victim related to the case of his right to attend.
Section 16-3-1530.   (A)   A jail, prison, detention, or holding facility having custody of a person accused of, convicted, or adjudicated guilty of committing a crime involving one or more victims reasonably shall attempt to notify each victim of any release of the person.
(B)   A department or agency having custody or custodial supervision of a person accused of committing a crime involving one or more victims, reasonably shall attempt to notify each victim of an escape by the person.
(C)   A department or agency having custody of a person accused or convicted or adjudicated guilty of committing a crime involving one or more victims, shall inform each victim, upon inquiry, of any transfer of the person.
(D)   A department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing a crime involving one or more victims shall reasonably attempt to notify each victim and prosecution witness of an escape by the person.
Section 16-3-1535.   (A)   The summary court, upon referral for disposition of charges against a person suspected of committing a crime involving one or more victims, shall reasonably attempt to notify each victim of his rights to:
(1)   be present and participate in all hearings;
(2)   be represented by counsel;
(3)   pursue civil remedies; and
(4)   submit an oral or written Victim Impact Statement, or both, for consideration by the summary court judge at disposition.
(B)   The summary court shall provide to each victim who wishes to make a written Victim Impact Statement a form that solicits pertinent information regarding the crime, including:
(1)   the victim's personal information and supplementary contact information;
(2)   an itemized list of the victim's economic loss, and recovery from any insurance policy or any other source;
(3)   details of physical or psychological injuries, or both, including their seriousness and permanence;
(4)   a description of any changes in the victim's personal welfare or family relationships;
(5)   identification of psychological services requested or obtained by the victim; and
(6)   any other information the victim believes to be important and pertinent.
(C)   The summary court judge shall inform a victim of the applicable procedures and practices of the court.
(D)   The summary court judge shall reasonably attempt to notify each victim related to the case of each hearing, trial, or other proceeding.
(E)   Law enforcement agencies and the summary court shall return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics for use as evidence wherever possible.
(F)   The summary court judge shall recognize and protect the rights of victims and witnesses as diligently as those of the defendant.
Section 16-3-1540.   (A) The Department of Juvenile Justice, upon referral of a juvenile suspected of committing a crime involving one or more victims, shall make a reasonable effort to confer with each victim before placing the juvenile in a diversion program, issuing a recommendation for diversion, referring him to the prosecuting agency for prosecution, issuing a recommendation for evaluation at the agency's reception and evaluation center, or taking any other action.
(B)   The Department of Juvenile Justice shall keep each victim reasonably informed of the status and progress of a case from the time it is referred by law enforcement until it is referred to the prosecuting agency.
Section 16-3-1545.   (A) The prosecuting agency, when a juvenile case is referred to it, or a general sessions charge is received by it involving one or more victims, reasonably shall attempt to notify each victim of his right to submit an oral or written Victim Impact Statement, or both, for consideration by the circuit or family court judge at the proceeding to dispose of the case and that written victim impact statements may be submitted at any postadjudication proceedings by the Department of Corrections, Department of Probation, Parole, and Pardon Services, Board of Juvenile Parole, or Department of Juvenile Justice. The prosecuting agency shall provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the crime that may include:
(1)   the victim's personal information and supplementary contact information;
(2)   an itemization of the victim's economic loss, and recovery from any insurance policy or another source;
(3)   details of physical or psychological injuries, or both, including their seriousness and permanence;
(4)   a description of any changes in the victim's personal welfare or family relationships;
(5)   identification of psychological services requested or obtained by the victim; and
(6)   any other information the victim believes to be important and pertinent.
(B)   The prosecuting agency shall offer the victim assistance in preparing a comprehensive victim impact statement, and assistance in reviewing and updating the statement as appropriate before the case is disposed.
(C)   The prosecuting agency shall inform victims and witnesses of the applicable procedures and practices of the criminal or juvenile justice system, or both.
(D)   The prosecuting agency shall inform each victim of his right to legal counsel and of any available civil remedies.
(E)   Law enforcement agencies, the prosecuting agency, and the circuit and family courts shall return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property, and itemized lists of the property including serial numbers and unique identifying characteristics to use as evidence wherever possible.
(F)   The prosecuting agency shall inform victims and prosecution witnesses of financial assistance, compensation, or fees to which they may be entitled, and shall offer to the victims and witnesses assistance with applications for these items.
(G)   The prosecuting agency, upon request, shall keep each victim reasonably informed of the status and progress of a case, with the exception of preliminary hearings, from the time a juvenile case is referred to, or a general sessions charge is received by the prosecuting agency through disposition of the case in general sessions or family court.
(H)   The prosecuting agency shall confer with each victim regarding decisions that will impact on its handling and disposition of a case to include, but not be limited to, diversions and plea negotiations, and shall discuss the case fully with the victim.
(I)   The prosecuting agency shall reasonably attempt to notify each victim related to the case of each hearing, trial, or other proceeding. This notification must be made sufficiently in advance to allow the victims to exercise their rights contained in this article. When proceedings are canceled or rescheduled, the prosecuting agency shall reasonably attempt to inform victims and witnesses in a timely manner.
(J)   The prosecuting agency victim advocate may, upon request, intercede with, and seek special consideration from, employers of victims and witnesses to prevent loss of pay or benefits, or both, resulting from their participation in the criminal juvenile justice system, or both, and with the victim's creditors, landlord, school, and other parties as appropriate throughout the prosecution process.
(K)   If a victim or witness is threatened, the prosecuting agency immediately shall refer the incident to the appropriate law enforcement agency for prompt investigation and reasonably attempt to prosecute the case.
(L)   The prosecuting agency shall take reasonable and appropriate steps to minimize inconvenience to victims and witnesses throughout court preparation and court proceedings, and shall familiarize victims and witnesses with courtroom procedure and protocol.
(M)   The prosecuting agency shall refer victims, as appropriate, to counselors, social service agencies, and victim assistance providers.
Section 16-3-1550.   (A)   Employers of crime victims and witnesses shall not retaliate against or suspend or reduce the wages and benefits of a victim or witness who lawfully responds to a subpoena. Wilful violation of this provision constitutes contempt of court.
(B)   A person shall not be sequestered from a proceeding adjudicating a crime in which he was a victim.
(C)   The circuit or family court shall provide victims and prosecution witnesses waiting areas separate from those used by the defendant and defense witnesses. The prosecuting agency and law enforcement shall assist in minimizing contact between prosecution and defense parties as much as possible.
(D)   The circuit or family court judge shall recognize and protect the rights of victims and witnesses as diligently as those of the defendant. A circuit or family court judge, before proceeding with a trial, plea, sentencing, or other dispositive hearing, in a case involving a victim, shall ask the prosecuting agency to verify that a reasonable attempt was made to notify the victims sufficiently in advance to attend. If a reasonable attempt was not made to notify the victims, the hearing must be delayed for a reasonable time to notify the victims.
(E)   The circuit or family court shall treat special witnesses, including those who are very young, elderly, handicapped, or who have special needs, sensitively, using closed or taped sessions when appropriate. The prosecuting agency or defense attorney shall notify the court when a victim or witness deserves special consideration.
(F)   The circuit or family court shall hear or review any victim impact statement, whether written or oral, before sentencing. The prosecuting agency shall make available to the defense, for a reasonable period of time before sentencing, any written victim impact statement submitted by the victim, and the court shall allow the defense the opportunity for response. However, the victim impact statement shall not be provided to the defense until the defendant has been determined guilty by a judge or jury. The victim impact statement and its contents shall not be admissible as evidence in any trial.
(G)   The circuit and family court shall address the issue of restitution as provided by statute.
Section 16-3-1555.   (A)   The circuit or family court shall order, in a timely manner, reasonable witness fees and reimbursement of expenses to victims and witnesses.
(B)   The prosecuting agency shall forward, as appropriate and within a reasonable time, a copy of each victim's victim impact statement, or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and Department of Juvenile Justice, are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications or services, or both, between these agencies and the prosecuting agency, between these agencies and the Attorney General, between the Department of Corrections and the Department of Probation, Parole, and Pardon, the Board of Juvenile Parole, the Department of Mental Health, or the Department of Juvenile Justice, or by order of a court of competent jurisdiction.
(C)   The prosecuting agency shall file with an indictment a copy of a written victim impact statement with the victim's personal information deleted.
(D)   The prosecuting agency shall inform the victim and prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, as appropriate, his legal name, current address, and telephone number.
(E)   The prosecuting agency shall inform the victim regarding collection of restitution, fees, and expenses, the recovery of property used as evidence, and how to contact the Department of Corrections, the Board of Juvenile Parole, the Department of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, or the Attorney General, as appropriate.
Section 16-3-1560.   (A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice reasonably shall attempt to notify each victim of post-sentence hearings or proceedings affecting the probation, parole, or release of the offender, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victims to exercise their rights in this regard.
(B)   The Attorney General shall, upon receiving notice of appeal or other post-conviction action by an offender convicted or adjudicated guilty of committing a crime involving one or more victims, shall request from the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, the victim's personal information.
(C)   The Department of Corrections, the Department of probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction action case, shall supply the requested information within a reasonable period.
(D)   The Attorney General shall confer with victims regarding the appeal and other post-conviction actions of the offender.
(E)   The Attorney General shall keep each victim reasonably informed of the status and progress of the appeal or other post-conviction action until its ultimate resolution.
(F)   The Attorney General reasonably shall attempt to notify victims of all post-conviction hearings and proceedings, and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victims to exercise their rights in this regard.
Section 16-3-1565.   (A)   Nothing in this article creates a cause of action on behalf of a person against a public employee, public agency, the State, or an agency responsible for the enforcement or rights and provision of services set forth in this article.
(B)   A sentence shall not be invalidated because of failure to comply with the provisions of this article. This article must not be construed to create a cause of action for monetary damages."
C.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. D. SMITH explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 194 was not germane to the Bill.
Rep. D. SMITH argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. KENNEDY proposed the following Amendment No. 206 (Doc Name P:\AMEND\JIC\5804HTC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered to read:

/SECTION

TO AMEND SECTION 12-21-2720, AS AMENDED, OF THE 1976 CODE, RELATING TO LICENSE FEES FOR COIN-OPERATED MACHINES, SO AS TO RAISE THE BIENNIAL FEE FOR MACHINES OF THE NONPAYOUT TYPE, IN-LINE PIN GAME, OR VIDEO GAME WITH A FREE PLAY FEATURE FROM THREE THOUSAND DOLLARS TO THREE THOUSAND TWO HUNDRED DOLLARS.
A.   That portion of Section 12-21-2720(A) of the 1976 Code which precedes item (1), as last amended by Section 148, Part II, Act 181 of 1993, is further amended to read:
"(A)   Every person who maintains for use or permits the use of, on a place or premises occupied by him, one or more of the following machines or devices shall apply for and procure from the South Carolina Department of Revenue a license effective for two years for the privilege of making use of the machine in South Carolina and shall pay for the license a tax of fifty dollars for each machine in item (1), two hundred dollars for each machine in item (2), and three thousand two hundred dollars for each machine in item (3):"
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. KENNEDY explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KENNEDY continued speaking.

POINT OF ORDER

Rep. LAW raised a Point of Order that Amendment No. 206 was not germane to the Bill.
Rep. KENNEDY argued contra in that it was related to a line item on page 419 of Part I.
SPEAKER Pro Tempore HASKINS overruled the Point of Order.

Rep. LAW moved to table the amendment, which was agreed to by a division vote of 57 to 8.

SPEAKER IN CHAIR

Rep. GOVAN proposed the following Amendment No. 210 (Doc Name P:\AMEND\GJK\20306HTC.97), which was tabled.
Amend the bill, as and if amended, PART II, PERMANENT PROVISION, by adding a new SECTION appropriately numbered to read:

/SECTION

TO AMEND SECTIONS 9-1-1510 AND 9-1-1550, BOTH AS AMENDED, of the 1976 CODE, RELATING TO THE YEARS OF CREDITED SERVICE, AGE, AND CALCULATION OF BENEFITS FOR PURPOSES OF SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO ALLOW SERVICE RETIREMENT AT ANY AGE WITHOUT A REDUCTION IN BENEFITS AFTER TWENTY-FIVE YEARS OF CREDITABLE SERVICE; TO AMEND SECTION 9-1-1220, AS AMENDED, RELATING TO EMPLOYER CONTRIBUTIONS REQUIRED FOR COVERED EMPLOYEES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE EMPLOYER CONTRIBUTION RATE BY 1.6 PERCENT OF PAYROLL, TO REQUIRE STATE EMPLOYEES AND SCHOOL TEACHERS RETIRING AFTER JUNE 30, 1997, AND BEFORE JULY, 1999, WHO HAVE NOT ATTAINED AGE SIXTY-FIVE AS OF THE DATE OF RETIREMENT AND WHO HAVE LESS THAN THIRTY YEARS' SERVICE AS OF THAT DATE AND WHO RECEIVE AN UNREDUCED SERVICE RETIREMENT BENEFIT TO HAVE WITHHELD FROM THEIR BENEFITS THROUGH JUNE 30, 1999, AN AMOUNT EQUAL TO ONE-HALF OF THE STATE-PAID PREMIUM FOR A COVERED EMPLOYEE IN THE STATE HEALTH AND DENTAL INSURANCE PLANS AND TO REQUIRE THESE WITHHELD AMOUNTS TO BE CREDITED TO THE GENERAL FUND OF THE STATE, TO PROVIDE THAT THE 1.6 PERCENT ADDITIONAL EMPLOYER CONTRIBUTION IS CONSIDERED A BASE PAY INCREASE IN THAT AMOUNT FOR PURPOSES OF THE STATE EMPLOYEE PAY PLAN FOR FISCAL YEAR 1997-98 AND TO CONSIDER THIS INCREASE SALARY FOR PURPOSES OF CALCULATING THE SOUTHEASTERN AVERAGE FOR TEACHER COMPENSATION, AND TO MAKE THIS ACT EFFECTIVE ONLY IF FUNDS ARE APPROPRIATED IN THE FISCAL YEAR 1997-98 GENERAL APPROPRIATIONS ACT TO PROVIDE A BASE PAY INCREASE OF AT LEAST 1.6 PERCENT FOR STATE EMPLOYEES; AND TO REPEAL SECTIONS 9-1-1515 AND 9-1-1850, RELATING TO EARLY RETIREMENT PROVISIONS MADE OBSOLETE BY THIS SECTION.
A.   The first paragraph of Section 9-1-1510 of the 1976 Code is amended to read:
"Any A member may retire upon written application to the board setting forth at what time, not more than ninety days prior before nor more than six months subsequent to after the execution and filing thereof of the application, he desires to be retired, if such the member at the time so specified for his service retirement shall have has attained the age of sixty years or shall have has thirty twenty-five or more years of creditable service and shall have has separated from service and, if the time so specified is subsequent to after the date of application, notwithstanding that, during such the period of notification, he may have separated from service."
B.   Subsections (A) and (B) of Section 9-1-1550 of the 1976 Code, as last amended by Act 189 of 1989, are further amended to read:
"(A) Upon retirement from service on or after July 1, 1964, a Class One member shall receive a service retirement allowance which shall consist of:
(1)   An employee annuity which shall be the actuarial equivalent of his accumulated contributions at the time of his retirement; and
(2)   An employer annuity equal to the employee annuity allowable at the age of sixty-five years or at age of retirement, whichever is less, computed on the basis of contributions made prior to the age of sixty-five years; and
(3)   If he has a prior service certificate in full force and effect, an additional employer annuity which must be equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the system been in operation and had he contributed thereunder during such entire period.
Upon retirement from service on or after July 1, 1989 1997, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed thirty twenty-five or more years of creditable service, the allowance must be equal to one and forty-five hundredths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes thirty twenty-five years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any Class One member who retires on or subsequent to July 1, 1976, shall receive not less than the benefit provided under the formula in effect before July 1, 1976.
(B) Upon retirement from service on or after July 1, 1989 1997, a Class Two member shall receive a service retirement allowance computed as follows:
(1)   If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed thirty twenty-five or more years of creditable service, the allowance must be equal to one and eighty-two hundredths percent of his average final compensation, multiplied by the number of years of his creditable service.
(2)   If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the thirty twenty-five years of creditable service, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
(3)   Notwithstanding the foregoing provisions, a Class Two member whose creditable service began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section."
C.   Section 9-1-1220 of the 1976 Code, as last amended by Act 189 of 1989, is further amended by adding a new paragraph at the end to read:
"Effective July 1, 1997, the State Budget and Control Board shall increase the employer contribution rate for the South Carolina Retirement System by 1.6 percent."
D.   (A)   Notwithstanding the provisions of Section 1-11-730 of the 1976 Code, state employee and public school employee members of the South Carolina Retirement System retiring after June 30, 1997, who have less than thirty years credited service and who have not as of the date of their retirement attained the age of sixty-five years and who receive an unreduced service retirement benefit must have deducted from their benefits through June 30, 1999, an amount equal to one-half of the state-paid premium for a covered employee in the state health and dental insurance plans. Amounts so withheld must be credited to the general fund of the State.
(B)   For state employees, the 1.6 percent increase in employer retirement contributions must be considered a base pay increase in that amount for purposes of the state employee pay plan in the general appropriations bill for 1997-98, but only if there is appropriated in the general appropriations act for fiscal year 1997-98 for the state employee pay plan funds sufficient to provide a base pay increase of at least 1.6 percent effective July 1, 1997. Additionally, in the case of school teachers, this increased employer contribution is considered salary for purposes of calculating the southeastern average for teacher compensation.
E.   Sections 9-1-1515 and 9-1-1850 of the 1976 Code are repealed with respect to members of the South Carolina Retirement System retiring after June 30, 1997.
F.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. GOVAN explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.

Reps. KOON, QUINN, SEITHEL, WEBB, LIMBAUGH, HARVIN, KENNEDY, RHOAD, WITHERSPOON, RISER, WHATLEY and LIMEHOUSE proposed the following Amendment No. 212 (Doc Name P:\AMEND\PSD\7125AC.97), which was adopted.
Amend the bill, as and if amended, Part ii, by adding an appropriately numbered SECTION to read:

SECTION____

TO AMEND Act 152 OF 1995 RELATING TO THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS SO AS TO REQUIRE THE COMMISSION TO DEVELOP FEES FOR FACILITY USE AND DOG ENTRIES IN ORDER TO ENABLE THE H. COOPER BLACK, JR. MEMORIAL FIELD TRIAL RECREATIONAL AREA TO BE SELFSUSTAINING AND TO PROVIDE FOR AND TO REQUIRE A REPORT ON THE COLLECTION AND USE OF THESE FEES.
Section   1.   (C)   Act 152 of 1995 is amended by adding at the end:
The Sstate plan shall include a fee schedule including, but not limited to a facility use fee, dog entry fees, and any other fees the commission deems necessary to enable the H. Cooper Black, Jr. Memorial Field Trial and Recreational area to be selfsustaining by 1998.
These fees are in addition to the utility fee charged by the S. C. Forestry Commission. Revenue received will be deposited in the H. Cooper Black, Jr. Memorial Field Trial and Recreational Area line item within the S. C. Forestry's Commission'S budget and will be used cooperately with the Department OF Natural Resources and Parks, Recreation and Tourism for personal service funds, infrastructure, maintenance, enhancement and operation of the field trial area program in conjunction with the commission. A report of fees collected and disbursements made during FY 97-98 must be made to the House Ways and Means Committee and the Senate Finance Committee by August 31, 1998.
Renumber sections to conform.
Amend totals and title to conform.

Rep. KOON explained the amendment.

POINT OF ORDER

Rep. BAXLEY raised a Point of Order that Amendment No. 212 was not germane to the Bill.
Rep. KOON argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. KOON continued speaking.
Rep. BAXLEY spoke against the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. J. HINES a leave of absence.

Rep. BAXLEY moved to table the amendment.
Rep. KENNEDY demanded the yeas and nays, which were not ordered.
The House refused to table the amendment by a division vote of 43 to 48.
The question then recurred to the adoption of the amendment.

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

Yeas 57; Nays 48

Those who voted in the affirmative are:

Allison                   Altman                    Barfield
Barrett                   Bauer                     Beck
Brown, H.                 Byrd                      Campsen
Cave                      Chellis                   Cobb-Hunter
Cotty                     Cromer                    Felder
Gamble                    Gourdine                  Harrell
Harrison                  Hinson                    Howard
Keegan                    Kennedy                   Knotts
Koon                      Law                       Limbaugh
Littlejohn                Lloyd                     Loftis
Martin                    Mason                     McKay
McMaster                  Neal                      Quinn
Rhoad                     Rice                      Riser
Rodgers                   Sandifer                  Scott
Seithel                   Sharpe                    Smith, D.
Smith, R.                 Spearman                  Stuart
Townsend                  Trotter                   Walker
Webb                      Whatley                   Witherspoon
Woodrum                   Young                     Young-Brickell

Total--57

Those who voted in the negative are:

Askins                    Bailey                    Battle
Baxley                    Boan                      Breeland
Brown, G.                 Brown, T.                 Cato
Clyburn                   Dantzler                  Davenport
Delleney                  Easterday                 Edge
Fleming                   Hamilton                  Haskins
Hawkins                   Hines, M.                 Hodges
Jennings                  Jordan                    Kinon
Kirsh                     Leach                     Lee
Mack                      Maddox                    McCraw
McLeod                    McMahand                  Meacham
Miller                    Moody-Lawrence            Mullen
Neilson                   Parks                     Phillips
Pinckney                  Sheheen                   Simrill
Smith, J.                 Stoddard                  Tripp
Whipper                   Wilder                    Wilkes

Total--48

So, the amendment was adopted.

Reps. TOWNSEND and HARRELL proposed the following Amendment No. 226 (Doc Name P:\AMEND\GJK\20317SD.97), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding a new SECTION appropriately numbered to read:

/SECTION

TO AMEND SECTION 59-20-20, AS AMENDED, OF THE 1976 CODE, RELATING TO THE "INDEX OF TAXPAYING ABILITY" FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO PROVIDE THAT FOR PURPOSES OF DISBURSING EFA FUNDING PROVIDED IN SECTION 19, PART I, OF THIS ACT AND FOR PURPOSES OF THE INDEX OF TAXPAYING ABILITY, THE VALUE OF A FEE IN LIEU OF TAXES SHALL BE COMPUTED IN A CERTAIN MANNER.
Section 59-20-20(3) of the 1976 Code, is further amended by adding a new paragraph at the end to read:
"For purposes of disbursing efa funding provided on line 21, section 19, part I, of this act and for purposes of the index of taxpaying ability, the value of a fee in lieu of taxes shall be computed by the department of Revenue by basing the computation on the net fee received and retained by the school district. The value thus computed shall not be inflated by any portion of the fee shared with or used by any other local taxing authority."/
Renumber sections to conform.
Amend totals and title to conform.

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. M. HINES a leave of absence.

Rep. CAMPSEN proposed the following Amendment No. 232 (Doc Name P:\AMEND\PT\1003SD.97), which was tabled.
Amend the bill, as and if amended, Part II, by adding a new section appropriately numbered to read:

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 44-1-115 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR A PERSON ACTING ON ITS BEHALF, SHALL NOT DISTRIBUTE CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE WITHOUT THE WRITTEN CONSENT OF HIS PARENT OR LEGAL GUARDIAN, AND TO PROVIDE FOR THE MANNER IN WHICH THE FUNDS SAVED AS A RESULT OF THE ABOVE PROVISIONS MUST BE EXPENDED BY THE DEPARTMENT BEGINNING WITH FISCAL YEAR 1997-98.
A.   The 1976 Code is amended by adding:
"Section 44-1-115.   The Department of Health and Environmental Control or a person acting on its behalf shall not distribute condoms or other types of contraceptives to a person under sixteen years of age without the written consent of his parent or legal guardian."
B.   Due to the reduced expenditures now required as a result of the provisions of subsection (A) of this section for condoms and other contraceptives which are acquired by the Department of Health and Environmental Control for distribution to the general public, the funds appropriated to the Department of Health and Environmental Control in Part I, Section 30 of this act which are used to acquire condoms or other contraceptives for distribution to the general public shall also be used beginning with fiscal year 1997-98 to provide abstinence-related sex education instruction to unmarried individuals who desire to participate through county health departments.
C.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. CAMPSEN explained the amendment.

POINT OF ORDER

Rep. FELDER raised a Point of Order that Amendment No. 232 was not germane to the Bill.
Rep. CAMPSEN argued contra in that it was related to line 9, page 138 of Part IA.
SPEAKER WILKINS overruled the Point of Order.

Rep. CAMPSEN continued speaking.
Rep. FELDER moved to table the amendment.

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

Yeas 67; Nays 41

Those who voted in the affirmative are:

Allison                   Askins                    Bailey
Baxley                    Boan                      Breeland
Brown, G.                 Brown, J.                 Brown, T.
Byrd                      Cave                      Chellis
Clyburn                   Cobb-Hunter               Cooper
Cotty                     Cromer                    Dantzler
Felder                    Fleming                   Gourdine
Harrell                   Harrison                  Hinson
Howard                    Inabinett                 Jennings
Jordan                    Kelley                    Kennedy
Kinon                     Kirsh                     Knotts
Koon                      Law                       Lee
Lloyd                     Maddox                    Martin
McCraw                    McKay                     McLeod
McMahand                  McMaster                  Moody-Lawrence
Mullen                    Neal                      Parks
Pinckney                  Rhoad                     Riser
Rodgers                   Scott                     Sharpe
Smith, F.                 Spearman                  Stoddard
Stuart                    Townsend                  Trotter
Webb                      Whatley                   Whipper
Wilder                    Wilkes                    Wilkins
Witherspoon

Total--67

Those who voted in the negative are:

Altman                    Barfield                  Barrett
Battle                    Bauer                     Beck
Brown, H.                 Campsen                   Carnell
Cato                      Davenport                 Delleney
Easterday                 Edge                      Gamble
Hamilton                  Haskins                   Hawkins
Keegan                    Klauber                   Leach
Limbaugh                  Littlejohn                Loftis
Mason                     Meacham                   Miller
Neilson                   Phillips                  Rice
Sandifer                  Seithel                   Sheheen
Simrill                   Smith, J.                 Smith, R.
Tripp                     Vaughn                    Walker
Woodrum                   Young

Total--41

So, the amendment was tabled.

Rep. HASKINS proposed the following Amendment No. 233 (Doc Name P:\AMEND\DKA\4194AC.97), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION __

TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-72 SO AS TO REQUIRE LOCAL GOVERNING BODIES WHICH COLLECTED REAL ESTATE TRANSFER FEES BUT FAILED TO REMIT THEM AS REQUIRED BY LAW TO REFUND THESE FEES TO THE PERSONS WHO PAID THE FEES AND TO REQUIRE THE STATE TREASURER TO DISTRIBUTE TO LOCAL GOVERNING BODIES WHICH COLLECTED AND REMITTED REAL ESTATE TRANSFER FEES AS REQUIRED BY LAW THESE FEES TO BE REFUNDED TO THOSE PERSONS WHO PAID THE FEES.
A.   The 1976 Code is amended by adding:
"Section 6-1-72.   Local governing bodies which, beginning July 1, 1994, assessed and collected real estate transfer fees but failed to remit them to the State Treasurer pursuant to Section 6-1-70 shall promptly refund the fees collected to the persons who paid them, regardless of whether or not the collected funds have already been expended. The State Treasurer shall distribute to those local governing bodies which, beginning July 1, 1994, assessed and collected real estate transfer fees, all collected funds remitted to the State Treasurer or withheld by the State Treasurer from appropriations from Aid to Subdivisions, pursuant to Section 6-1-70, and those local governing bodies shall promptly refund the fees collected to the persons who paid them."
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 233 was not germane to the Bill.
Rep. HASKINS argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

MOTION NOTED

Rep. YOUNG moved to reconsider the vote whereby Amendment No. 181 in Part II was tabled and the motion was noted.

Rep. FLEMING proposed the following Amendment No. 234 (Doc Name P:\AMEND\PSD\7118AC.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION_____

TO AMEND SECTION 51-23-30 OF THE 1976 CODE, RELATING TO GRANT FUNDS FOR PARKS AND RECREATION FACILITIES, SO AS TO ALLOW UNSPENT GRANT FUNDS TO BE CARRIED FORWARD FOR TEN YEARS INSTEAD OF THREE YEARS.
The department shall devise and administer a noncompetitive program of grants to eligible entities within each county area for planning and development for of new parks and recreation facilities or renovations of existing facilities. Grant funds may not be used to supplant existing funding for parks and recreation purposes nor may they be used to retire indebtedness incurred prior to before July 1, 1988. Grant awards must be made by the department according to criteria and administrative guidelines it shall develop develops and furnish furnishes to potential grant applicants. All grants must be in the form of reimbursements and no a grant may not be awarded unless the grantee matches the grant in an amount equal to at least twenty percent of the grant. All grant applications must be submitted in writing and signed by a majority of the members of the legislative delegation representing the eligible entity applying for the grant. Unexpended grant funds in any account may be carried forward for not more than three seven succeeding fiscal years, after which any.Then unexpended funds must be reallocated on a statewide basis in the next fiscal year as part of the distribution to the Fund for that year."
Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING explained the amendment.

LEAVE OF ABSENCE

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

POINT OF ORDER

Rep. SCOTT raised a Point of Order that Amendment No. 234 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. FLEMING continued speaking.
Rep. WILKES spoke in favor of the amendment.
Rep. KOON moved to table the amendment.

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

Yeas 11; Nays 86

Those who voted in the affirmative are:

Brown, H.                 Campsen                   Chellis
Gourdine                  Harrell                   Kirsh
Koon                      Law                       Quinn
Riser                     Stuart

Total--11

Those who voted in the negative are:

Allison                   Askins                    Bailey
Barfield                  Barrett                   Battle
Bauer                     Baxley                    Beck
Boan                      Bowers                    Breeland
Brown, G.                 Brown, J.                 Brown, T.
Byrd                      Carnell                   Cave
Clyburn                   Cooper                    Cotty
Cromer                    Dantzler                  Davenport
Delleney                  Felder                    Fleming
Gamble                    Govan                     Hamilton
Harrison                  Haskins                   Hawkins
Hinson                    Inabinett                 Jennings
Jordan                    Keegan                    Kennedy
Kinon                     Klauber                   Knotts
Leach                     Lee                       Littlejohn
Lloyd                     Loftis                    Mack
Martin                    Mason                     McCraw
McLeod                    McMaster                  Moody-Lawrence
Mullen                    Neal                      Neilson
Parks                     Phillips                  Pinckney
Rhoad                     Rice                      Rodgers
Sandifer                  Scott                     Seithel
Sharpe                    Sheheen                   Simrill
Smith, J.                 Smith, R.                 Spearman
Stoddard                  Townsend                  Tripp
Trotter                   Walker                    Webb
Whatley                   Whipper                   Wilder
Wilkes                    Wilkins                   Witherspoon
Woodrum                   Young

Total--86

So, the House refused to table the amendment.

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

Rep. WILKES proposed the following Amendment No. 237 (Doc Name P:\AMEND\BBM\9223JM.97), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION

TO AMEND SECTION 12-36-910, AS AMENDED, OF THE 1976 CODE, RELATING TO SERVICES ON WHICH THE SALES TAX APPLIES INCLUDING NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES, SO AS TO PROVIDE THAT SUCH SERVICES ARE EXEMPT FROM THE SALES TAX IN THE MANNER PROVIDED IN SECTION 12-36-2120; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF NON COIN-OPERATED LAUNDRY, DRY-CLEANING, DYEING, AND PRESSING SERVICES BEGINNING JUNE 1, 1998.
A.   Section 12-36-910(B)(1) of the 1976 Code, as last amended by Act 361 of 1992, is further amended to read:
"(1)   gross proceeds accruing or proceeding from the business of providing or furnishing any laundering, dry-cleaning, dyeing, or pressing service, but does not apply to the gross proceeds derived from coin-operated laundromats and dry-cleaning machines; provided, that beginning June 1, 1998, the sales tax shall not apply to these services in the manner provided in Section 12-36-2120;"
B.   Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( )   laundry, dry-cleaning, dyeing, and pressing services according to the following schedule:
(a)   the sales tax on the gross proceeds of such sales shall be four percent beginning June 1, 1998;
(b)   the sales tax on the gross proceeds of such sales shall be two percent beginning July 1, 1998; and
(c)   the gross proceeds of such sales are exempt from the sales tax beginning July 1, 1999.
The term 'laundry, dry-cleaning, dyeing, and pressing services' as used in this item does not include coin-operated laundromats and dry-cleaning machines which are exempt from the sales tax as provided in Section 12-36-910 and shall continue to be so exempt after the effective date of this item."
C.   Section 12-36-2120(24) of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:
"(24)   supplies and machinery used by laundries, cleaning, dyeing, or pressing, or establishments and supplies and machinery used by garment or other textile rental establishments in the direct performance of their primary function, but not sales of supplies and machinery used by coin-operated laundromats;"
D.   This section takes effect upon approval by the Governor, except that subsection C. takes effect on January 1, 1998./
Renumber sections to conform.
Amend totals and title to conform.

Rep. WILKES explained the amendment.
Rep. H. BROWN spoke against the amendment.
Rep. WILKES spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.

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

Yeas 70; Nays 20

Those who voted in the affirmative are:

Allison                   Bailey                    Barfield
Barrett                   Bauer                     Beck
Boan                      Bowers                    Brown, H.
Brown, J.                 Byrd                      Cato
Cave                      Chellis                   Dantzler
Davenport                 Easterday                 Gourdine
Govan                     Hamilton                  Harrell
Harrison                  Hawkins                   Hinson
Hodges                    Inabinett                 Jennings
Jordan                    Keegan                    Kelley
Kirsh                     Klauber                   Knotts
Koon                      Law                       Leach
Lee                       Littlejohn                Lloyd
Maddox                    Martin                    Mason
McLeod                    McMaster                  Miller
Moody-Lawrence            Mullen                    Neal
Neilson                   Parks                     Phillips
Quinn                     Rice                      Riser
Rodgers                   Sandifer                  Smith, R.
Spearman                  Stoddard                  Stuart
Townsend                  Tripp                     Trotter
Vaughn                    Walker                    Webb
Wilkins                   Witherspoon               Woodrum
Young-Brickell

Total--70

Those who voted in the negative are:

Altman                    Askins                    Battle
Campsen                   Cotty                     Cromer
Delleney                  Felder                    Gamble
Kinon                     Meacham                   Rhoad
Seithel                   Sharpe                    Sheheen
Simrill                   Whatley                   Wilder
Wilkes                    Young

Total--20

So, the amendment was tabled.

Reps. KNOTTS and WHATLEY proposed the following Amendment No. 240 (Doc Name P:\AMEND\BBM\9225AC.97), which was adopted.
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:

/SECTION

TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE BY ADDING ARTICLE 52 SO AS TO PROVIDE FOR CHARTER LIMOUSINE LICENSE PLATES, TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR SUCH PLATES, AND TO PROVIDE FUNDING FOR PROCESSING DOCUMENTS RELATED TO ACQUIRING THESE PLATES.
A.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 52
Charter Limousine License Plates

Section 56-3-5300.   (A)   In addition to complying with any other registration and license fee requirement contained in this chapter, a 'charter limousine' regulated by the South Carolina Public Service Commission must acquire a special license plate from the Department of Public Safety upon submission of proof that the charter limousine is certified as a 'Class C Charter Limousine' by the commission.
(B)   The biennial fee for this special license plate is twenty-five dollars.
(C)   Of the funds appropriated to the Public Service Commission in the Annual Appropriations Act for 1997-1998 and subsequent years for Operations/Administration, Other Operating Expenses, sufficient funds must be used to process documents providing proof that the charter limousine is certified as a 'Class C Charter Limousine' as required by subsection (A).
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals to conform.

Rep. KNOTTS explained the amendment.
Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 40 to 44.
The question then recurred to the adoption of the amendment.

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

Yeas 65; Nays 35

Those who voted in the affirmative are:

Allison                   Askins                    Barrett
Baxley                    Beck                      Brown, H.
Brown, J.                 Byrd                      Cave
Chellis                   Clyburn                   Cooper
Dantzler                  Davenport                 Felder
Gamble                    Gourdine                  Govan
Harrell                   Harrison                  Hinson
Hodges                    Howard                    Inabinett
Jennings                  Kelley                    Kinon
Klauber                   Knotts                    Koon
Law                       Lloyd                     Mack
Maddox                    Martin                    Mason
McCraw                    McLeod                    McMaster
Neal                      Neilson                   Parks
Phillips                  Quinn                     Rhoad
Rice                      Riser                     Rodgers
Sandifer                  Scott                     Sharpe
Smith, J.                 Smith, R.                 Stille
Stoddard                  Stuart                    Townsend
Trotter                   Webb                      Whatley
Whipper                   Wilder                    Wilkins
Woodrum                   Young

Total--65

Those who voted in the negative are:

Altman                    Bailey                    Barfield
Battle                    Bauer                     Boan
Brown, G.                 Brown, T.                 Campsen
Cato                      Cotty                     Delleney
Easterday                 Fleming                   Hamilton
Haskins                   Hawkins                   Keegan
Kirsh                     Leach                     Littlejohn
Loftis                    McMahand                  Meacham
Moody-Lawrence            Mullen                    Seithel
Sheheen                   Simrill                   Smith, F.
Spearman                  Tripp                     Vaughn
Walker                    Witherspoon

Total--35

So, the amendment was adopted.

Rep. MEACHAM proposed the following Amendment No. 241 (Doc Name P:\AMEND\GJK\20327HTC.97), which was tabled.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding an appropriately numbered SECTION to read:

/ SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 12-21-2777 SO AS TO IMPOSE A TAX AT THE RATE OF FIVE PERCENT ON THE GROSS PROCEEDS OF VIDEO GAMES WITH A FREE PLAY FEATURE, TO DEFINE "GROSS PROCEEDS OF A MACHINE", AND PROVIDE FOR THE PAYMENT AND COLLECTION OF THE TAX AND THE DISTRIBUTION OF THE REVENUE TO A SEPARATE "HIGHWAY INFRASTRUCTURE FUND", AND TO PROVIDE THAT FUND REVENUES MAY BE APPROPRIATED ONLY FOR HIGHWAY IMPROVEMENT AND CONSTRUCTION.
A.   Article 20, Chapter 21, Title 12 of the 1976 Code is amended by adding:
"Section 12-21-2777.   (A)   A tax at the rate of five percent is imposed on the gross proceeds of a machine licensed pursuant to Section 12-21-2720(A). For purposes of this section 'gross proceeds of a machine' means all amounts deposited in the machine in the reporting period.
(B)   The tax is due and payable on a monthly basis, on or before the twentieth day of the month, and the person liable for the tax on the due date shall make a return to the department, in a form it prescribes, showing the total amount deposited for the previous month, and remit the tax with it.
(C)   The person making the report required pursuant to Section 12-21-2776(B) is liable for the tax.
(D)   Enforcement and collection of this tax are as provided in Chapter 54 of this title. Revenues of the tax imposed by this section must be credited to a fund in the State Treasury, separate and distinct from the general fund of the State and all other funds styled the Highway Infrastructure Fund. Revenues in this fund may be appropriated by the General Assembly only for highway improvement and construction projects, including the debt service on financing such projects."
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. MEACHAM explained the amendment.
Rep. H. BROWN moved to table the amendment, which was agreed to.

MOTION NOTED

Rep. KOON moved to reconsider the vote whereby Amendment No. 58, Section 24 to Part II, was tabled and the motion was noted.

MOTION NOTED

Rep. SHEHEEN moved to reconsider the vote whereby Amendment No. 162 in Section 17C, Part IB was adopted and the motion was noted.

Reps. HARRISON and QUINN proposed the following Amendment No. 243 (Doc Name P:\AMEND\PT\1015MM.97), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/ SECTION

TO AMEND SECTION 8-21-310, AS AMENDED, OF THE 1976 CODE, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD A SURCHARGE OF FIFTEEN DOLLARS TO THE FEE FOR FILING A COMPLAINT OR PETITION IN CIRCUIT OR FAMILY COURT TO BE ALLOCATED TOWARD CIVIL REPRESENTATION OF INDIGENTS.
A.   Section 8-21-310(11)(a) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(a)   (1)   For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, fifty-five dollars. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for post conviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon on it, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment.
(2)   A fifteen dollar surcharge is added to each fee for filing a complaint or petition in circuit or family court. Funds received from the surcharge must be forwarded to the State Treasurer and deposited in a special account titled the Defense of Indigents Per Capita Fund. The Commission on Indigent Defense shall distribute these funds on December thirty-first and on June thirtieth of each year, to South Carolina organizations that are grantees of the Legal Services Corporation, proportionate to each recipient's share of the state's poverty population."
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. QUINN explained the amendment.

POINT OF ORDER

Rep. TRIPP raised a Point of Order that Amendment No. 243 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. QUINN continued speaking.
Reps. SHEHEEN, COTTY and KLAUBER spoke against the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. ALTMAN spoke against the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. HAWKINS spoke against the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. KLAUBER moved to table the amendment.

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

Yeas 45; Nays 65

Those who voted in the affirmative are:

Altman                    Barrett                   Battle
Boan                      Campsen                   Carnell
Cooper                    Cotty                     Dantzler
Delleney                  Easterday                 Felder
Hamilton                  Harrell                   Haskins
Hawkins                   Hinson                    Kelley
Kirsh                     Klauber                   Leach
Limbaugh                  Limehouse                 Littlejohn
Loftis                    McCraw                    McLeod
McMahand                  McMaster                  Meacham
Miller                    Riser                     Sandifer
Sharpe                    Sheheen                   Simrill
Smith, F.                 Stille                    Trotter
Webb                      Wilder                    Wilkins
Witherspoon               Woodrum                   Young

Total--45

Those who voted in the negative are:

Allison                   Askins                    Bailey
Barfield                  Bauer                     Baxley
Beck                      Bowers                    Breeland
Brown, G.                 Brown, H.                 Brown, J.
Byrd                      Cato                      Cave
Chellis                   Clyburn                   Cobb-Hunter
Cromer                    Davenport                 Gamble
Gourdine                  Govan                     Harrison
Hines, J.                 Hodges                    Inabinett
Jennings                  Jordan                    Keegan
Kennedy                   Kinon                     Knotts
Koon                      Law                       Lee
Mack                      Martin                    Mason
McKay                     Moody-Lawrence            Mullen
Neilson                   Parks                     Phillips
Pinckney                  Quinn                     Rhoad
Rice                      Rodgers                   Scott
Seithel                   Smith, D.                 Smith, J.
Smith, R.                 Spearman                  Stoddard
Stuart                    Townsend                  Vaughn
Walker                    Whatley                   Whipper
Wilkes                    Young-Brickell

Total--65

So, the House refused to table the amendment.

SPEAKER IN CHAIR

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

Reps. TOWNSEND and HARRELL proposed the following Amendment No. 244 (Doc Name P:\AMEND\GJK\20328SD.97), which was ruled out of order.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, by adding an appropriately-numbered SECTION to read:

/ SECTION

TO AMEND SECTION 4-1-170, AS AMENDED, OF THE 1976 CODE, RELATING TO JOINT INDUSTRIAL OR BUSINESS PARKS, SO AS TO PROVIDE THAT A SCHOOL DISTRICT WITH PROPERTY IN A PARK SHALL RECEIVE A SPECIFIED PROPORTION OF PROPERTY TAXES THAT THE SCHOOL DISTRICT WOULD HAVE RECEIVED IF THE PROPERTY WERE NOT IN THE PARK , TO PROVIDE THAT THE PROPERTY TAX DIVISION OF THE DEPARTMENT OF REVENUE UTILIZING THE FUNDS APPROPRIATED ON LINE 28, SECTION 63, PART I OF THIS ACT FOR "SPECIAL ITEMS - PROPERTY REASSESSMENTS" SHALL ENSURE COMPLIANCE WITH THE ABOVE PROVISIONS, AND TO PROVIDE THAT TO THE EXTENT OF ANY NONCOMPLIANCE BY ANY COUNTY OF THIS STATE, THE DEPARTMENT SHALL CERTIFY SUCH NONCOMPLIANCE AND THE COSTS THEREOF TO THE SCHOOL DISTRICT TO THE COMPTROLLER GENERAL WHO SHALL IN TURN REDUCE THAT COUNTY'S AID-TO-SUBDIVISION ALLOCATION UNDER PART I OF THIS ACT.
A.   Section 4-1-170(3) of the 1976 Code is amended to read:
"(3)   specify the manner in which revenues must be distributed to each of the taxing entities within each of the participating counties; however, a school district with property in the industrial or business park shall receive that proportion of the property taxes generated by the property that the school district would have received if the property were not in an industrial or business park, and for the property under a fee-in-lieu of tax agreement that proportion of the fee-in-lieu payments based on the ratio that the millage levied for school purposes bears to the total millage levied for all purposes as if the property were not in an industrial or business park."
B.   The property tax division of the department of revenue utilizing the funds appropriated on line 28, section 63, part I of this act for 'special items - property reassessments' shall ensure compliance with the above provisions. to the extent of any noncompliance by any county of this state, the department shall certify such noncompliance and the costs thereof to the school district to the comptroller general who shall in turn reduce that county's aid-to-subdivision allocation under part I of this act./
Renumber sections to conform.
Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 244 was not germane to the Bill.
Rep. TOWNSEND argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Reps. TOWNSEND, KNOTTS, KOON, FLEMING, MARTIN, MADDOX, JORDAN, TROTTER, SHARPE, STILLE, LEACH, LOFTIS and FELDER proposed the following Amendment No. 245 (Doc Name P:\AMEND\BBM\9226HTC.97), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/SECTION ___

TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2995 SO AS TO REQUIRE AN ADDITIONAL FINE OF TWELVE DOLLARS ON EVERY VIOLATION FOR DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUORS OR NARCOTICS OR OTHER DRUGS TO BE REMITTED TO AND DISTRIBUTED BY THE STATE TREASURER TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR ITS HEAD AND SPINAL CORD INJURIES FAMILY SUPPORT PROGRAM AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FOR EMERGENCY MEDICAL SERVICES.
Section 56-5-2995.   In addition to fines imposed under this article, an additional fine of twelve dollars must be remitted to the State Treasurer who must distribute ten dollars of these funds to the Department of Disabilities and Special Needs for the Head and Spinal Cord Injuries Family Support Program and two dollars to the Department of Health and Environmental Control Emergency Medical Services-Aid to Counties, restricted./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. BOWERS, PINCKNEY and RHOAD proposed the following Amendment No. 246 (Doc Name P:\AMEND\GJK\20334MM.97), which was adopted.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
/TO AMEND CHAPTER 3, TITLE 56 OF THE 1976 CODE RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING BY ADDING ARTICLE 54 SO AS TO PROVIDE FOR THE ISSUANCE OF "SOUTH CAROLINA STATE PARKS: EXPLORE THE WONDERLANDS" LICENSE PLATES, AND TO PROVIDE FOR THE DISBURSEMENT OF THE FEES COLLECTED.
A.   Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 54

South Carolina State Parks: Explore the Wonderlands License Plates
Section 56-3-5500.   (A)   The department may issue a special commemorative 'South Carolina State Parks: Explore the Wonderlands' motor vehicle license plate to promote and contribute to the maintenance and operation of state parks. The department shall develop forms to be completed by the vehicle registrant upon purchase of the license plate which designates to which state park the portion of the license fee, pursuant to subsection (B), must be distributed.
(B)   The biennial fee for the commemorative license plate is seventy-two dollars. Twenty-four dollars of this amount must be deposited in the state general fund. Forty-eight dollars of this amount must be remitted to the State Treasurer for distribution to the state parks pursuant to the designations made by the vehicle registrants upon purchase of the license plates to promote and maintain the operation of the state parks.
(C)   The commemorative plate must be of the same size and general design of a regular motor vehicle license plate and must be imprinted with the words 'South Carolina State Parks: Explore the Wonderlands'. The plates must be issued or revalidated for a biennial period which expires twenty-four months from the month they are issued."
B.   Of the funds designated to the State Parks, a portion must be used to reimburse the Department of Transportation for its set-up costs, if any, resulting from this special issue.
C.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

Rep. BOWERS explained the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment, which was not agreed to.

The question then recurred to the adoption of the amendment, which was agreed to by a division vote of 73 to 17.

Rep. BAXLEY proposed the following Amendment No. 252 (Doc Name P:\AMEND\PSD\7125AC.97), which was adopted.
Amend the bill, as and if amended, Part ii, by adding an appropriately numbered SECTION to read:

SECTION____

TO AMEND Act 152 OF 1995 RELATING TO THE SOUTH CAROLINA COMMISSION ON SPORTING DOGS AND FIELD TRIALS SO AS TO REQUIRE THE COMMISSION TO DEVELOP FEES FOR FACILITY USE AND DOG ENTRIES IN ORDER TO ENABLE THE H. COOPER BLACK, JR. MEMORIAL FIELD TRIAL RECREATIONAL AREA TO BE SELFSUSTAINING AND TO PROVIDE FOR AND TO REQUIRE A REPORT ON THE COLLECTION AND USE OF THESE FEES.
Section   1.   (C)   Act 152 of 1995 is amended by adding at the end:
The Sstate plan shall include a fee schedule including, but not limited to a facility use fee, dog entry fees, and any other fees the commission deems necessary to enable the H. Cooper Black, Jr. Memorial Field Trial and Recreational area to be selfsustaining beginning July 1, 1999.
These fees are in addition to the utility fee charged by the S. C. Forestry Commission. Revenue received will be deposited in the H. Cooper Black, Jr. Memorial Field Trial and Recreational Area line item within the S. C. Forestry's Commission'S budget and will be used cooperately with the Department OF Natural Resources and Parks, Recreation and Tourism for personal service funds, infrastructure, maintenance, enhancement and operation of the field trial area program in conjunction with the commission. A report of fees collected and disbursements made during FY 97-98 must be made to the House Ways and Means Committee and the Senate Finance Committee by August 31, 1998.
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. HODGES and SHEHEEN proposed the following Amendment No. 59 (Doc Name P:\AMEND\PT\2988SD.97), which was ruled out of order.
Amend the bill, as and if amended, Part II, by adding a new appropriately numbered SECTION to read:

/ SECTION

TO AMEND SECTION 59-20-40 OF THE 1976 CODE, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS UNDER THE EDUCATION FINANCE ACT AND WEIGHTINGS WHICH ARE USED TO PROVIDE FOR RELATIVE COST DIFFERENCES BETWEEN PROGRAMS, SO AS TO PROVIDE A WEIGHTING FOR ALTERNATIVE SCHOOL STUDENTS AND THE CRITERIA THEREFOR WHICH SHALL BE ESTABLISHED BY THE DEPARTMENT OF EDUCATION.
The first paragraph of Section 59-20-40(1)(c) of the 1976 Code is amended by adding a new weighting at the end thereof to read:
Alternative School Students     2.57
,provided that the State
Department of Education
shall establish the criteria
for this alternative school
Student weighting." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.

POINT OF ORDER

Rep. H. BROWN raised a Point of Order that Amendment No. 59 was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. MILLER proposed the following Amendment No. 213 (Doc Name P:\AMEND\PT\1005CM.97), which was ruled out of order.
Amend the bill, as and if amended, by Part II, by adding an appropriately numbered SECTION to read:

/ SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 6-1-72 SO AS TO ALLOW LOCAL GOVERNING BODIES WHICH ENACTED, COLLECTED, AND/OR HELD IN ESCROW FEES ON TRANSFERS OF REAL ESTATE TO USE THOSE FUNDS FOR THE PURPOSES FOR WHICH THE FEES WERE ORIGINALLY INTENDED, AND TO REQUIRE THE STATE TREASURER TO NOTIFY THE AFFECTED JURISDICTION OF THIS CHANGE BY CERTIFIED MAIL.
A.   The 1976 Code is amended by adding:
"Section 6-1-72.   The local governing bodies which enacted, collected, and/or held in escrow fees on transfers of real estate pending resolution of their dispute over the requirement that the collected funds be remitted to the State Treasurer are allowed to use those funds collected as of the effective date of this provision for their originally intended specific local purposes, or in the alternative, to refund the fees to those who paid them. To implement this provision, the State Treasurer must notify all affected jurisdictions of this change by certified mail using funds appropriated for 'other operating expenses'."
B.   This section takes effect July 1, 1997.
Renumber sections to conform.
Amend totals and title to conform.

Rep. MILLER explained the amendment.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Amendment No. 213 was not germane to the Bill.
Rep. MILLER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the   amendment out of order.

Rep. KLAUBER proposed the following Amendment No. 217 (Doc Name P:\AMEND\PT\1006CM.97), which was adopted.
Amend the bill, as and if amended, PART II, BY ADDING AN APPROPRIATELY NUMBERED SECTION TO READ:

/ SECTION _____

To direct the Deferred Compensation Commission to study and implement at least twenty additional optional mutual fund selections for the deferred compensation plan and to provide funding.
A.   The Deferred Compensation Commission shall study and implement at least twenty additional optional mutual selections ranging from low risk to very aggressive funds for the deferred compensation plan.
B.   Of the funds appropriated to the budget and Control Board-Division of Executive Director for "Other Operating Expenses" under the "Office of Internal Operation/Internal Operations" $10,000, may be used to fund the study and implementation required by subsection A./
Renumber sections to conform.
Amend totals and title to conform.

Rep. KLAUBER explained the amendment.

POINT OF ORDER

Rep. COBB-HUNTER raised a Point of Order that Amendment No. 217 was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. KLAUBER continued speaking.
The amendment was then adopted.

Rep. RICE proposed the following Amendment No. 227 (Doc Name P:\AMEND\DKA\4193AC.97), which was adopted.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered SECTION to read:

/ SECTION

TO AMEND SECTION 56-3-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE GRACE PERIOD FOR PROCURING A MOTOR VEHICLE REGISTRATION AND LICENSE, SO AS TO REQUIRE THAT A TEMPORARY LICENSE PLATE CONTAINING CERTAIN INFORMATION MUST BE DISPLAYED ON THE MOTOR VEHICLE BEFORE THE REGISTRATION AND LICENSE PLATE ARE RECEIVED, TO PROVIDE FINES FOR THE FAILURE TO DISPLAY OR THE DISPLAY OF INACCURATE OR FALSE INFORMATION, AND TO PROVIDE FUNDING FOR THE TEMPORARY LICENSE PLATES.
A.   Section 56-3-210 of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"Section 56-3-210.   (A)   Persons newly acquiring vehicles and owners of foreign vehicles being moved into this State and required to be registered under this chapter may have not more than forty-five days in which to register and license them.
(B)   Before obtaining a motor vehicle registration and license plate pursuant to subsection (A), a temporary license plate issued by the department must be displayed in the space designated for the placement of a permanent license plate. A number determined by the department, the motor vehicle's purchase date, and the date the grace period contained in subsection (A) expires must be displayed on a temporary license plate. Funds provided in the annual appropriations act, Department of Public Safety, Motor Vehicles Inspection Program for other Operating Expenses must be used to purchase these temporary license plates.
(C)   The department shall issue temporary paper license plates at a cost of one dollar to licensed motor vehicle dealers who must issue these license plates to purchasers of motor vehicles for two dollars.
(D)   A person who purchases a motor vehicle from a person other than a licensed motor vehicle dealer, within three business days of the purchase, must obtain a temporary license plate from the department. The cost of this license plate is two dollars.
(E)   A person issuing a temporary license plate must obtain the motor vehicle owner's driver's license number, the vehicle's identification number, and proof of insurance. This information must be filed with the department.
(F)   A person subject to the provisions contained in subsection (B) is responsible for the accuracy of the information displayed. Failure to display or properly display the information required in this section shall result in a fine of not more than twenty-five dollars. Display of false information shall result in a fine of not more than five hundred dollars."
B.   This section takes effect July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

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

MOTION NOTED

Rep. ALLISON moved to reconsider the vote whereby Amendment No. 232 in Part II was tabled and the motion was noted.

Rep. BOAN proposed the following Amendment No. 254 (Doc Name P:\AMEND\PT\1018DW.97), which was adopted.
Amend the bill, as and if amended, by PART II, PERMANENT PROVISIONS, by adding an appropriately numbered SECTION to read:

/SECTION

TO AMEND THE 1976 CODE BY ADDING SECTION 1-11-470, SO AS TO PROHIBIT A STATE AGENCY FROM EXPENDING MONIES APPROPRIATED BY THE GENERAL ASSEMBLY TO PURCHASE SPACE INCLUDING, BUT NOT LIMITED TO, NOTICES OR ADVERTISEMENTS, IN A PRINT MEDIUM OR TIME FROM A RADIO OR TELEVISION MEDIUM WITHOUT UNANIMOUS PRIOR WRITTEN APPROVAL OF THE STATE BUDGET AND CONTROL BOARD; TO PROHIBIT A CONSTITUTIONAL OFFICER OR AGENCY HEAD FROM HAVING PRINTED ON, OR DISTRIBUTED WITH, EXTRANEOUS PROMOTIONAL MATERIAL AND FROM PURCHASING PLAQUES, AWARDS, CITATIONS, OR OTHER RECOGNITIONS WITHOUT PRIOR UNANIMOUS WRITTEN APPROVAL OF THE STATE BUDGET AND CONTROL BOARD; AND TO REQUIRE AGENCIES EXPENDING NONPUBLIC FUNDS TO SUBMIT THE SOURCE OF THE FUNDS SHOWING ALL CONTRIBUTORS TO THE STATE BUDGET AND CONTROL BOARD; AND TO PROVIDE EXCEPTIONS.
A.   The 1976 Code is amended by adding:
Section 1-11-470.   (A)   No funds appropriated by the General Assembly may be used to purchase space including, but not limited to, notices or advertisements, in a print medium or time from a radio or television medium without unanimous prior written approval of the State Budget and Control Board.
(B)   No funds appropriated by the General Assembly may be used by a constitutional officer or agency head to print on, or distribute with, official documents extraneous promotional material or to purchase plaques, awards, citations, or other recognitions without unanimous prior written approval of the Budget and Control Board.
(C)   If nonpublic funds are used for the purposes enumerated in subsection (A) the agency expending the funds, must submit the source of the funds showing all contributors, to the State Budget and Control Board before the funds are expended.
(D)   The provisions of this section do not apply to the Governor or General Assembly.
B.   Of the funds appropriated to the Budget and Control Board - Division of Operations for the Office of General Services in the annual appropriations act for 1997-98 and subsequent years for administration, other operating expenses, and classified positions, sufficient funds must be used to provide staff to review and make recommendations to the State Budget and Control Board for approval of agency or a constitutional officer's plan.
C.   This section is effective July 1, 1997./
Renumber sections to conform.
Amend totals and title to conform.

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

PART IA

SECTION 64--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 64 was adopted was taken up and agreed to.

Rep. CROMER proposed the following Amendment No. 50 (Doc Name P:\AMEND\005\64$air.005), which was adopted.
Amend the bill further, as and if amended, Part IA, Section 64, State Ethics Commission, page 408, immediately after line 10, By inserting a new line to read:

Column 5   Column 6
/AIRCRAFT REPORTS   1,000   1,000
Amend further Part 1A, Section 64, State Ethics Commission, Page 408, Line 10, opposite /other operating expense/ by decreasing the line under columns 5 & 6 by/$1,000.00/
Renumber sections and amend totals/title to conform.
Rep. CROMER explained the amendment.
The amendment was then adopted.

Section 64 as amended was adopted.

PART IB

SECTION 31--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 31 was adopted was taken up and agreed to.

Reps. FELDER and KIRSH proposed the following Amendment No. 204 (Doc Name P:\AMEND\002\drugtest.002), which was adopted.
Amend the bill, as and if amended, Part IB, Section 31, Dept. Of Mental Health, page 461, paragraph 12, line 12, by inserting:
after the word/ (risperdal)/ the following:/ or other drugs approved by the department/
Amend further on line 16 by adding after the word /Governor/ the following: / Nothing in this provision shall prohibit the department from making recommendations regarding the effectiveness of other drugs./
Renumber sections and amend totals/title to conform.

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

Rep. H. BROWN proposed the following Amendment No. 253 (Doc Name P:\AMEND\002\DMHPAY.002), which was adopted.
Amend the bill, as and if amended, Part IB, Section 31, DEPARTMENT OF MENTAL HEALTH, page 460, paragraph 2, line 1, by striking /$2,800,000/ and inserting /$3,800,000/
Renumber sections and amend totals/title to conform.

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

Section 31 as amended was adopted.

SECTION 47--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 47 was adopted was taken up and agreed to.
Reps. HARRISON, QUINN and BAUER proposed the following Amendment No. 178 (Doc Name P:\AMEND\005\47PWRRC5.005), which was adopted.
Amend the bill, as and if amended, Part IB, Section 47, Dept. Of Natural Resources, page 474, line 6, by adding an appropriately numbered section to read:
/Of the funds allocated to the water recreational resources fund for Richland County and upon the approval of the county delegation, $60,000 from the county's water recreational resources fund shall be used for renovation of the lake murray tourism visitors center./
Renumber sections and amend totals/title to conform.

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

Section 47 as amended was adopted.

SECTION 10--MOTION TO RECONSIDER TABLED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 10 was adopted was taken up.
Rep. H. BROWN moved to table the motion to reconsider.

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

Yeas 77; Nays 37

Those who voted in the affirmative are:

Bailey                    Barfield                  Battle
Bauer                     Beck                      Boan
Bowers                    Breeland                  Brown, H.
Brown, J.                 Brown, T.                 Byrd
Carnell                   Cave                      Chellis
Clyburn                   Cobb-Hunter               Cotty
Dantzler                  Davenport                 Delleney
Gamble                    Govan                     Harrell
Harrison                  Harvin                    Hawkins
Hines, J.                 Hinson                    Hodges
Inabinett                 Jennings                  Keegan
Kelley                    Kennedy                   Kinon
Klauber                   Knotts                    Koon
Law                       Lee                       Limehouse
Lloyd                     Mack                      Maddox
Martin                    McCraw                    McKay
McLeod                    McMahand                  Miller
Moody-Lawrence            Mullen                    Neal
Parks                     Phillips                  Pinckney
Quinn                     Rhoad                     Rice
Riser                     Robinson                  Rodgers
Scott                     Sheheen                   Smith, F.
Smith, J.                 Smith, R.                 Spearman
Stille                    Stuart                    Trotter
Walker                    Whipper                   Wilder
Witherspoon               Young-Brickell

Total--77

Those who voted in the negative are:

Allison                   Barrett                   Baxley
Brown, G.                 Campsen                   Cato
Cooper                    Cromer                    Easterday
Felder                    Fleming                   Hamilton
Haskins                   Jordan                    Kirsh
Leach                     Limbaugh                  Littlejohn
Loftis                    Mason                     McMaster
Meacham                   Sandifer                  Seithel
Sharpe                    Simrill                   Smith, D.
Stoddard                  Townsend                  Tripp
Vaughn                    Webb                      Whatley
Wilkes                    Wilkins                   Woodrum
Young

Total--37

So, the motion to reconsider was tabled.

SECTION 17B--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 17B was adopted was taken up.
Rep. COTTY moved to table the motion to reconsider, which was not agreed to by a division vote of 41 to 52.
The question then recurred to the motion to reconsider, which was agreed to.

Rep. CARNELL proposed the following Amendment No. 238 (Doc Name P:\AMEND\006\17BC1.006), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17B, Budget & Control Board - Division of Operations, page 509, after line 25, by adding an appropriately numbered paragraph to read:
/The Budget and Control Board - Division of Operations is directed to implement and coordinate a transfer of $100,000 in funds from the Judicial Department to the Department of Disabilities and Special Needs for the Emerald Center for Disabilities and Special Needs./
Renumber sections and amend totals/title to conform.

Rep. CARNELL explained the amendment.
The amendment was then adopted by a division vote of 45 to 44.

Section 17B as amended was adopted.

SECTION 17C--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 17C was adopted was taken up and agreed to.

AMENDMENT NO. 162--RECONSIDERED AND TABLED

The motion of Rep. SHEHEEN to reconsider the vote whereby Amendment No. 162 in Section 17C, Part IB was adopted was taken up.
Rep. SHEHEEN moved to table the amendment, which was agreed to.

Rep. H. BROWN proposed the following Amendment No. 223 (Doc Name P:\AMEND\006\17Cb13.006), which was adopted.
Amend the bill, as and if amended, Part IB, Section 17C, B&C Board, Division of Budget and Analyses, pages 512-513, paragraph 13, lines 27-10, by striking all references to /November 1/ and inserting /July 16/ and amending further by striking all references to /2.5%/ and inserting /2.0%/
Amend the bill, as and if amended, Part IB, Section 17C, B&C Board, Division of Budget and Analyses, page 513, paragraph 13, line 10, by inserting:
/8. Notwithstanding items 1-7 above, compensation increases shall not exceed $1,000 per individual./
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 72--MOTION TO RECONSIDER TABLED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 72 was adopted was taken up.
Rep. H. BROWN moved to table the motion to reconsider, which was agreed to.

SECTION 11--MOTION TO RECONSIDER TABLED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 11 was adopted was taken up.
Rep. H. BROWN moved to table the motion to reconsider.

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

Yeas 77; Nays 31

Those who voted in the affirmative are:

Bailey                    Barfield                  Battle
Bauer                     Beck                      Bowers
Breeland                  Brown, H.                 Brown, J.
Brown, T.                 Byrd                      Campsen
Carnell                   Cave                      Chellis
Clyburn                   Cobb-Hunter               Cotty
Dantzler                  Delleney                  Gamble
Gourdine                  Govan                     Harrell
Harvin                    Hawkins                   Hinson
Howard                    Inabinett                 Jordan
Keegan                    Kelley                    Kennedy
Kinon                     Klauber                   Knotts
Koon                      Law                       Lee
Limehouse                 Lloyd                     Mack
Maddox                    Martin                    Mason
McCraw                    McKay                     McLeod
McMahand                  Miller                    Moody-Lawrence
Mullen                    Neal                      Parks
Phillips                  Pinckney                  Rhoad
Rice                      Riser                     Rodgers
Scott                     Seithel                   Sheheen
Smith, F.                 Smith, J.                 Smith, R.
Spearman                  Stille                    Stoddard
Stuart                    Trotter                   Whatley
Whipper                   Wilder                    Wilkins
Witherspoon               Young-Brickell

Total--77

Those who voted in the negative are:

Allison                   Barrett                   Baxley
Boan                      Cato                      Cooper
Cromer                    Davenport                 Easterday
Felder                    Hamilton                  Harrison
Haskins                   Kirsh                     Leach
Limbaugh                  Littlejohn                Loftis
Meacham                   Quinn                     Sandifer
Sharpe                    Simrill                   Smith, D.
Tripp                     Vaughn                    Walker
Webb                      Wilkes                    Woodrum
Young

Total--31

So, the motion to reconsider was tabled.

SECTION 19--MOTION TO RECONSIDER TABLED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 19 was adopted was taken up.
Rep. NEILSON moved to table the motion, which was agreed to.

PART II

SECTION 6--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 6 was adopted was taken up and agreed to.

Rep. MILLER proposed the following Amendment No. 208 (Doc Name P:\AMEND\GK.\20307SD.97), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, SECTION 6, by adding at the end of Section 59-39-100 of the 1976 Code the following new paragraph:
/Nothing herein prohibits local school boards of trustees from awarding recognition to students who complete additional units and credits beyond those required by this section./
Renumber sections to conform.
Amend totals and title to conform.

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

Section 6 as amended was adopted.

SECTION 15--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 15 was adopted was taken up and agreed to.

Rep. TOWNSEND proposed the following Amendment No. 247 (Doc Name P:\AMEND\PT\1016HTC.97), which was adopted.
Amend the bill, as and if amended, PART II, SECTION 15, by adding a new subsection to be appropriately lettered to read:
/( )   1.   Section 12-37-251(E) of the 1976 Code is amended to read:
"(E)   In the year of reassessment the millage rate for all real and personal property must not exceed the rollback millage, except that the rollback millage may be increased by the percentage increase in the consumer price index for the year immediately preceding the year of reassessment. However, a school district's rollback millage may be increased by the same percentage as the EFA inflation factor in the annual general appropriations act. Rollback millage is calculated by dividing the prior year property tax revenues by the adjusted total assessed value applicable in the year the values derived from a countrywide equalization and reassessment program are implemented. This amount of assessed value must be adjusted by deducting assessments added for property or improvements not previously taxed, for new construction, and for renovation of existing structures."
2.   Property which is subject to the rollback tax and millage must be considered when reimbursements for the homestead exemption are made from the homestead exemption reimbursement trust fund as provided in subsection (H) of this section./
Renumber sections to conform.
Amend totals and title to conform.

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

Section 15 as amended was adopted.

SECTION 17--MOTION TO RECONSIDER TABLED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 17 was adopted was taken up.
Rep. HARRELL moved to table the motion to reconsider, which was agreed to.

SECTION 29--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 29 was adopted was taken up and agreed to.

Rep. H. BROWN proposed the following Amendment No. 200 (Doc Name P:\AMEND\PT\2989JM.97), which was adopted.
Amend the bill, as and if amended, Part II, SECTION 29, page 563, by striking lines 8 through 23 and inserting:
/TO AMEND THE 1976 CODE BY ADDING SECTION 38-7-35 SO AS TO PROVIDE THAT ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS OF THE REVENUE COLLECTED ANNUALLY PURSUANT TO SECTION 38-7-30, REGARDING THE TAX ON FIRE INSURERS TO COVER EXPENSES OF INSPECTIONS AND INVESTIGATIONS, MUST BE TRANSFERRED TO THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR CERTAIN PURPOSES AND REQUIRE THE DEPARTMENT TO MAKE AN ANNUAL REPORT.
The 1976 Code is amended by adding:
"Section 38-7-35.   (A)   One hundred seventy-five thousand dollars of the revenue collected annually pursuant to Section 38-7-30 must be transferred to the Department of Labor, Licensing and Regulation for the purpose of implementing the training, certification, and continuing education program for building codes enforcement officers as provided by law.
(B)   The Department of Labor, Licensing and Regulation shall report annually to the Chairman of the Senate Finance Committee and the Chairman of the House Ways and Means Committee detailing actual program expenditures including, but not limited to, the number of instructors employed, the number of training sessions conducted, and the number of certifications issued. This report must be submitted to the respective chairmen no later than January fifteenth of each year."/
Renumber sections to conform.
Amend totals and title to conform.

Rep. H. BROWN explained the amendment.
The amendment was then adopted.

Section 29 as amended was adopted.

AMENDMENT NO. 181--MOTION TO RECONSIDER TABLED

The motion of Rep. YOUNG to reconsider the vote whereby Amendment No. 181 in Part II was tabled was taken up.
Rep. J. YOUNG moved to table the motion to reconsider, which was agreed to.

SECTION 24--RECONSIDERED, AMENDED AND ADOPTED

The motion of Rep. H. BROWN to reconsider the vote whereby Section 24 was adopted was taken up and agreed to.

AMENDMENT NO. 58--RECONSIDERED AND ADOPTED

The motion of Rep. KOON to reconsider the vote whereby Amendment No. 58 was tabled was taken up and agreed to.
The amendment was then adopted.

Section 24 as amended was adopted.

AMENDMENT NO. 232--MOTION TO RECONSIDER TABLED

The motion of Rep. ALLISON to reconsider the vote whereby Amendment No. 232 in Part II was tabled was taken up.
Rep. CROMER moved to table the motion to reconsider.

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

Yeas 62; Nays 50

Those who voted in the affirmative are:

Bailey                    Barfield                  Baxley
Boan                      Breeland                  Brown, G.
Brown, J.                 Brown, T.                 Byrd
Cave                      Chellis                   Clyburn
Cobb-Hunter               Cotty                     Cromer
Dantzler                  Felder                    Gourdine
Govan                     Harrison                  Harvin
Hinson                    Hodges                    Howard
Inabinett                 Jennings                  Kennedy
Kinon                     Kirsh                     Knotts
Law                       Lee                       Lloyd
Mack                      Maddox                    Martin
McCraw                    McKay                     McLeod
McMahand                  McMaster                  Meacham
Miller                    Moody-Lawrence            Mullen
Neal                      Neilson                   Parks
Phillips                  Pinckney                  Rhoad
Scott                     Sharpe                    Smith, J.
Spearman                  Stille                    Stuart
Webb                      Whipper                   Wilder
Wilkes                    Witherspoon

Total--62

Those who voted in the negative are:

Allison                   Altman                    Barrett
Battle                    Bauer                     Beck
Brown, H.                 Campsen                   Cato
Cooper                    Davenport                 Delleney
Easterday                 Fleming                   Gamble
Hamilton                  Harrell                   Haskins
Hawkins                   Jordan                    Keegan
Kelley                    Klauber                   Koon
Leach                     Limbaugh                  Littlejohn
Loftis                    Mason                     Quinn
Rice                      Riser                     Robinson
Rodgers                   Sandifer                  Seithel
Sheheen                   Simrill                   Smith, D.
Smith, R.                 Stoddard                  Townsend
Tripp                     Trotter                   Vaughn
Walker                    Whatley                   Wilkins
Woodrum                   Young

Total--50

So, the motion to reconsider was tabled.

MOTION ADOPTED

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

STATEMENT BY REP. H. BROWN

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

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

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

Yeas 115; Nays 2

Those who voted in the affirmative are:

Allison                   Altman                    Bailey
Barfield                  Barrett                   Battle
Bauer                     Baxley                    Beck
Boan                      Bowers                    Breeland
Brown, G.                 Brown, H.                 Brown, J.
Brown, T.                 Byrd                      Campsen
Carnell                   Cato                      Cave
Chellis                   Clyburn                   Cobb-Hunter
Cooper                    Cotty                     Cromer
Dantzler                  Davenport                 Delleney
Easterday                 Felder                    Fleming
Gamble                    Gourdine                  Govan
Hamilton                  Harrell                   Harrison
Harvin                    Haskins                   Hawkins
Hinson                    Hodges                    Howard
Inabinett                 Jennings                  Jordan
Keegan                    Kelley                    Kennedy
Kinon                     Kirsh                     Klauber
Knotts                    Koon                      Law
Leach                     Lee                       Limehouse
Littlejohn                Lloyd                     Loftis
Mack                      Maddox                    Martin
Mason                     McCraw                    McKay
McLeod                    McMahand                  McMaster
Meacham                   Miller                    Moody-Lawrence
Mullen                    Neal                      Neilson
Parks                     Phillips                  Pinckney
Quinn                     Rhoad                     Rice
Riser                     Robinson                  Rodgers
Sandifer                  Scott                     Seithel
Sharpe                    Sheheen                   Simrill
Smith, F.                 Smith, J.                 Smith, R.
Spearman                  Stille                    Stoddard
Stuart                    Townsend                  Tripp
Trotter                   Vaughn                    Walker
Webb                      Whatley                   Whipper
Wilder                    Wilkes                    Wilkins
Witherspoon               Woodrum                   Young
Young-Brickell

Total--115

Those who voted in the negative are:

Limbaugh                  Smith, D.

Total--2

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

RECORD FOR VOTING

Once again, I must vote against an Appropriation Bill which fails to put a stop to the growth of government. State spending is out of control and even though some money is returned in the form of taxpayer relief, the taxpayer continues to shoulder the burden of unprecedented spending.
Rep. DOUG SMITH

RECORD FOR VOTING

I voted against the budget even though I support most of its provisions. I simply cannot support a budget that spends more money than the previous year.
Rep. L. HUNTER LIMBAUGH

STATEMENT FOR JOURNAL

As a stockholder in a corporation that leases a building to a health care facility, I have abstained from voting on issues regarding nursing homes and Medicaid in H. 3400.
Rep. WILLIAM D. BOAN

H. 3400--THE GENERAL APPROPRIATION BILL
STATEMENTS FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A, Part 1B and Part II, Section Number(s) 58, 55, 35
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JOHN GRAHAM ALTMAN III

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 52, 30, 5, 62, 49, 63, 69, 55, 35, 44, 45, 59, 4A
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. GEORGE E. CAMPSEN III

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 68B, 69
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. HARRY F. CATO

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s) 26 and/or Amendment Number(s) 14
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. CONVERSE A. CHELLIS III

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section Number(s) 4A, 55, 56, 57, 58, 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year. My law partner handles some cases related to these areas.
Rep. BILL COTTY

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A, 5A, 39, 35, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. F.G. DELLENEY, JR.

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB, Part II, Section Number(s) 5, 41, 54, 55, 56 and all amnements for the entire Budget debate.
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of pepresentation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN G. FELDER

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

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section Number(s)18A and/or Amendment Number(s) 87
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARGARET J. GAMBLE

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

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

Part IA and Part IB, Section Number(s) 18K
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARGARET J. GAMBLE

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

Part IB, Section Number(s) 17C, 13
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. MARGARET J. GAMBLE

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H. 3400 -- GENERAL APPROPRIATION BILL
STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part 1A and Part 1B, Section Number(s) 63, 5
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES H. HARRISON

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H. 3400 -- GENERAL APPROPRIATION BILL
STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: H. 3400   General Subject Matter: General Appropriation Bill

AGENCY BUDGETS FOR WHICH I DID NOT VOTE

S.C. Health and Human Finance Services Commission
S.C. Department of Health and Environmental Control
S.C. Jobs and Economic Development Authority
S.C. Forestry Commission
S.C. Department of Insurance
S.C. Workers' Compensation Fund
S.C. Workers' Compensation Commission
S.C. Board of Technical Comprehensive Education
S.C. Second Injury Fund
S.C. Department of Consumer Affairs
S.C. Department of Social Services
S.C. Department of Insurance Services
S.C. Insurance Reserve Fund
S.C. Public Service Authority
S.C. Public Service Commission
S.C. Ports Authority
S.C. Department of Commerce
The reason for abstaining on the above reference legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section
8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriations bill by myself, an individual with who I am associated in partnership with, or a business or a partnership in which I have a greater than 5% interest.
Rep. C. ALEX HARVIN III

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 4A, 55, 58, 65, 5
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOHN DAVID HAWKINS

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 38
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I may have a greater than 5% interest.
Rep. CURTIS B. INABINETT

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 55, 56, 57, 58
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JAMES S. KLAUBER

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Section Number(s) 18N Line #29 Page 0100
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. ROBERT W. LEACH

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 57, 58, 63, 62, 55, 42, 4A, 5, 39, 35, 34, 11, 17B
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. L. HUNTER LIMBAUGH

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Section Number(s) 30
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. DAVID JAMES MACK III

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 57, 58, 63, 62, 55, 42, 41, 5, 39, 35, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JESSE CORDELL MADDOX, JR.

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section Number(s) 4A, 11, 12, 14, 34, 41, 42, 43, 55, 56, 57, 58, 5
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. JOE McMASTER

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section Number(s) 19
The reason for abstaining on the above referenced legislation is:
Rep. DENNY W. NEILSON

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section Number(s) 62
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ALFRED B. ROBINSON, JR.

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H. 3400--GENERAL APPROPRIATION BILL
STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part II, Section Number(s) 3, 29 and any and all amendments dealing with the Department of Labor, Licensing and Regulation.
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ALFRED B. ROBINSON, JR.

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4, 5, 39, 35, 34, 11
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. FLETCHER NATHANIEL SMITH, JR.

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 57, 58, 65, 63, 55, 42, 5, 34
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. ROBERT J. SHEHEEN

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 5, 17A, 17B, 17C, 63, 65, 4A, 43, 34, 41
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DOUG SMITH

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 55, 4A
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. JAMES EMERSON SMITH, JR.

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 15, 5, 17D, 9, 65, 3B, 62, 57, 58, 8, 51, 63, 45, 50, 57
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. TIMOTHY C. WILKES

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA and Part IB, Section Number(s) 4A, 5, 42, 55, 62
The reason for abstaining on the above referenced legislation is:
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
Rep. DAVID H. WILKINS

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In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IA, Part IB and Part II, Section Number(s) 56, 57, 58, 65, 63, 62, 55, 42, 4A, 39, 35, 34
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
A potential conflict may exist under S.C. Code Section 8-13-740(C) because of representation of a client before a particular agency or commission by me or an individual or business with whom I am associated within the past year.
A potential conflict may exist under S.C. Code Section 8-13-745(C) because a contract for goods or services may be entered into within the next year with an agency, commission, board, department, or other entity funded through the general appropriation bill by myself, an individual with whom I am associated in partnership with or a business or partnership in which I have a greater than 5% interest.
Rep. W. JEFFREY YOUNG

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3354 (Word version) -- Reps. Quinn and D. Smith: A CONCURRENT RESOLUTION DECLARING APRIL 20-26, 1997, AS "SOUTH CAROLINA GOLF WEEK" FOR 1997.

ADJOURNMENT

At 10:05 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Brucie Owings Blakely of Laurens, to meet at 10:00 A.M. tomorrow.

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