South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 2035 . . . . . Saturday, March 18, 2000

Saturday, March 18, 2000
(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:

We thank You, Lord God, for Your promise to be the same yesterday, today and tomorrow. This gives us the assurance that You are just as present to help us on Saturday as on Tuesday, Wednesday, Thursday or on any other day. So when we are burdened with problems and are perplexed with anxiety and uncertainty, may we see You as our guide and leader. Just as You led the children of Israel through the wilderness into the Promised Land, so lead us. You have led Your people from confusion to victory. So lead us this day. Give us the faith to follow with steadfastness and hope. 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. HUGGINS moved that when the House adjourns, it adjourn in memory of Adam Ewing of Chapin, which was agreed to.

HOUSE RESOLUTION

The following was introduced:

H. 4799 (Word version) -- Rep. W. McLeod: A HOUSE RESOLUTION TO RECOGNIZE, COMMEND, HONOR, AND EXPRESS THE GRATITUDE OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO CHESTER E. SANSBURY FOR HIS YEARS OF DEDICATED SERVICE, PERSONAL SACRIFICE, AND SPECIAL ROLE HE HAS PLAYED ON BEHALF OF THE ENVIRONMENT AND IN THE LIVES OF ALL SOUTH CAROLINIANS, UPON HIS RETIREMENT FROM SERVICE WITH THE STATE DEPARTMENT OF HEALTH AND


Printed Page 2036 . . . . . Saturday, March 18, 2000

ENVIRONMENTAL CONTROL, AND TO WISH HIM A RETIREMENT THAT IS EQUALLY REWARDING AND BENEFICIAL TO HIM AND THE CITIZENS OF THE STATE.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4800 (Word version) -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION CONGRATULATING VICKEY NEXSEN BOYD OF WILLIAMSBURG COUNTY ON HER ELECTION AS PRESIDENT OF THE SOUTH CAROLINA PRESS ASSOCIATION.

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

INTRODUCTION OF BILLS

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

H. 4801 (Word version) -- Reps. Breeland, Lourie, Askins, Bailey, Battle, G. Brown, T. Brown, Carnell, Clyburn, Dantzler, Davenport, Gilham, Gourdine, Govan, Hamilton, Harris, Harrison, J. Hines, M. Hines, Hosey, Inabinett, Kennedy, Law, Leach, Lloyd, Mack, McGee, McMahand, Miller, Moody-Lawrence, J. H. Neal, Parks, Phillips, Quinn, Riser, Rodgers, Scott, F. Smith, Whipper, Wilder and Young-Brickell: A BILL TO AMEND SECTION 25-21-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES FOR THE VETERANS' TRUST FUND, SO AS TO ELIMINATE THEIR FUNCTION OF SERVING AS AN ADVISORY COMMITTEE TO THE VETERANS' AFFAIRS DIVISION; AND TO AMEND SECTION 25-21-30, RELATING TO THE DUTIES OF THE BOARD OF TRUSTEES AND SECTION 25-21-40, RELATING TO THE DISBURSEMENT OF FUNDS FROM THE VETERANS' TRUST FUND, BOTH SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES IS AUTHORIZED TO DECIDE HOW MONIES IN THE FUND MUST BE DISBURSED.
Referred to Committee on Medical, Military, Public and Municipal Affairs


Printed Page 2037 . . . . . Saturday, March 18, 2000

H. 4802 (Word version) -- Reps. Breeland, J. Brown, Clyburn, Davenport, Fleming, Hayes, J. Hines, Howard, Keegan, Kelley, Lee, Lloyd, Mack, Maddox, Moody-Lawrence, Parks, Pinckney, Rodgers, Rutherford, Scott, Simrill, J. Smith and Whatley: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY CERTAIN ISSUES AFFECTING VETERANS AND PROVIDE FOR RELATED MATTERS INCLUDING, BUT NOT LIMITED TO, COMMITTEE MEMBERSHIP AND DUTIES, THE FILLING OF VACANCIES, AND COMMITTEE MEETINGS AND STAFFING.
Referred to Committee on Medical, Military, Public and Municipal Affairs

S. 1160 (Word version) -- Senator Thomas: A JOINT RESOLUTION TO CREATE A LOCAL JAIL TASK FORCE TO IDENTIFY AND STUDY THE MANY PROBLEMS CONFRONTING LOCAL JAILS TO INCLUDE: WAYS TO REDUCE THE NUMBER OF PENDING CASES ON THE CRIMINAL COURT DOCKET AND THE PROSECUTION PROCESS; FINANCIAL SUPPORT FOR CONSTRUCTION AND EXPANSION OF JAILS; CONTROL OVER THE GROWING COSTS OF HOUSING INMATES AND PROVIDING FOR THEIR MEDICAL CARE; MORE AND BETTER TRAINING AND HIGHER SALARIES FOR CORRECTIONAL OFFICERS; AND ALTERNATIVES TO INCARCERATION FOR LESSER CRIMES AND OTHER MEANS TO ALLEVIATE OVERCROWDING; TO PROVIDE FOR THE TASK FORCE MEMBERSHIP; AND TO REQUIRE THE TASK FORCE REPORT ITS RECOMMENDATIONS TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE JANUARY 1, 2001, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Referred to Committee on Judiciary

S. 1249 (Word version) -- Senators J. V. Smith and Russell: A BILL TO AMEND SECTION 4-23-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD OF FIRE CONTROL OF THE PELHAM-BATESVIILE FIRE DISTRICT IN GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO ADD ADDITIONAL POWERS TO THE BOARD.
On motion of Rep. RICE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.


Printed Page 2038 . . . . . Saturday, March 18, 2000

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Bowers                 Breeland               Brown, H.
Brown, J.              Campsen                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Emory                  Fleming
Frye                   Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hines, J.
Hines, M.              Hinson                 Huggins
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lucas
Mack                   Maddox                 Martin
McCraw                 McGee                  McKay
McLeod, M.             McLeod, W.             Meacham-Richardson
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks
Perry                  Phillips               Quinn
Rhoad                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Trotter
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young-Brickell


Printed Page 2039 . . . . . Saturday, March 18, 2000

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Saturday, March 18.

Joel Lourie                       Clementa Pinckney
Jackson Whipper                   Douglas Jennings
James Law                         Leon Howard
Denny Neilson                     James Smith
Jerry Govan                       Anthony Harris
Lynn Seithel                      H.B. "Chip" Limehouse
Daniel Tripp                      Ralph Canty
Lonnie Hosey                      Theodore Brown
Grady Brown

Total Present--119

LEAVE OF ABSENCE

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

LEAVE OF ABSENCE

The SPEAKER granted Rep. VAUGHN a leave of absence for the day due to medical reasons.

CO-SPONSORS ADDED

In accordance with House Rule 5.2 below:
"5.2   Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."


Printed Page 2040 . . . . . Saturday, March 18, 2000

CO-SPONSOR ADDED

Bill Number:   H. 4030 (Word version)
Date:   ADD:
03/18/00   ALLEN

CO-SPONSOR ADDED

Bill Number:   H. 4728 (Word version)
Date:   ADD:
03/18/00   LOURIE

CO-SPONSOR ADDED

Bill Number:   H. 4728 (Word version)
Date:   ADD:
03/18/00   J. SMITH

H. 4775--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 8, Part IB.

H. 4775--THE GENERAL APPROPRIATION BILL

SECTION 8--ADOPTED

Section 8 was adopted.

SECTION 9--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 208 (Doc Name h-wm\002\pregnancy.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DHEC, page 473, paragraph 9.34, lines 14-18, by striking the proviso in its entirety.
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. HOSEY and GOVAN proposed the following Amendment No. 391 (Doc Name h-m\002\allendale.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 9, DHEC, page 474, line 15, by adding an appropriately numbered paragraph to read:/Of the funds appropriated to the department, $25,000 must be


Printed Page 2041 . . . . . Saturday, March 18, 2000

allocated to the public schools in Allendale County for health screenings./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. CLYBURN explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 391 was out of order in that Section 9 in Part IA had been clinched and the amendment attempted to increase appropriations.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. QUINN explained the Section.

Rep. KIRSH proposed the following Amendment No. 207 (Doc Name h-wm\002\publicknow.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 9, DHEC, page 471, paragraph 9.20, line 21, by striking the period and adding at the end of the sentence after /circumstances/: /as long as it is with public knowledge./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 9, as amended, was adopted.

SECTION 10--ADOPTED

Rep. SCOTT proposed the following Amendment No. 388 (Doc Name h-wm\002\payincreas.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 10, Department of Mental Health, page 475, paragraph, line 33, by adding an appropriately numbered paragraph to read:
/The following positions must be provided an eight percent special pay increase for the current fiscal year: (Band 1) Clerical Specialist, Supply Specialist, Human Serv. Asst. I, Laundry Worker I, Food Service Spec. I, Equipment Operator I, and Building/Grounds Spec. I; (Band 2) Administrative Spec. I, Postal Specialist, Supply Specialist II,


Printed Page 2042 . . . . . Saturday, March 18, 2000

Data Entry, communication Spec. I, Print Equip. Operator I, Medical Asst. Tech., Hair Care Specialist, Lab Assistant, Building/Grounds Spec., Laundry Worker II, Food Service Spec. II, Trades Spec. II, Mechanic I, and Equipment Operator II; (Temporary Workforce) Clerical Specialist, Food Service Spec. I, Equipment Operator, Building/Grounds Spec. I, Administrative Specialist I, Medical Assistant, Hair Care Specialist and Mechanic I./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT explained the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 68; Nays 34

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Emory
Fleming                Frye                   Gamble
Gilham                 Harrell                Harrison
Haskins                Hawkins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
McCraw                 McGee                  McKay
Meacham-Richardson     Miller                 Neilson
Perry                  Quinn                  Rice
Riser                  Robinson               Sandifer
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, J.              Smith, R.
Stuart                 Taylor                 Townsend
Trotter                Walker                 Webb

Printed Page 2043 . . . . . Saturday, March 18, 2000

Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--68

Those who voted in the negative are:

Bailey                 Bales                  Battle
Bowers                 Breeland               Brown, J.
Clyburn                Cobb-Hunter            Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines, J.              Hines, M.
Howard                 Inabinett              Jennings
Kennedy                Lee                    Lloyd
Mack                   Martin                 McLeod, W.
Moody-Lawrence         Neal, J.H.             Ott
Parks                  Pinckney               Rhoad
Scott                  Stille                 Wilder
Wilkes

Total--34

So, the amendment was tabled.

Section 10 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 12--AMENDED AND ADOPTED

Rep. LANFORD proposed the following Amendment No. 214 (Doc Name h-wm\007\roper.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 12, Department of Alcohol and Other Drug Abuse Services, page 477, paragraph 4, lines 3-5, by striking / Of the State monies appropriated to DAODAS for Medicaid matching funds, no more than $45,000 of General Funds shall be transferred to Roper North Treatment Center (RNTC) for outpatient alcohol and drug services delivered to Medicaid eligible beneficiaries/ and inserting /Of the monies appropriated to DAODAS for Medicaid reimbursement, no more than $165,000 (State General Funds: $45,000 Federal: $120,000) shall be expended for reimbursement to Roper North Treatment Center(RNTC) for outpatient


Printed Page 2044 . . . . . Saturday, March 18, 2000

alcohol and drug services delivered to Medicaid eligible beneficiaries. Reimbursement shall not exceed $165,000. State funds expended shall be limited to $45,000. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. LANFORD explained the Section.

Section 12, as amended, was adopted.

SECTION 13

Section 13 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 17

Section 17 was adopted.

SECTION 18--ADOPTED

Rep. KIRSH proposed the following Amendment No. 127 (Doc Name h-wm\009\kirshnwby.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 18, Arts Commission, page 482, paragraph 5, lines 27-28, by striking the proviso in its entirety.
/   18.5.   (ARTS: Grants Program) Of the funds appropriated for Grantmaking, $100,000 shall be allocated to the Newberry Opera Company./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KIRSH explained the amendment.
Rep. W. MCLEOD spoke against the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.


Printed Page 2045 . . . . . Saturday, March 18, 2000

Rep. KEEGAN moved to table the amendment.

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

Yeas 89; Nays 18

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Breeland
Brown, H.              Brown, J.              Campsen
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Emory                  Frye
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harrell
Harris                 Haskins                Hawkins
Hayes                  Hines, J.              Hines, M.
Hinson                 Howard                 Huggins
Inabinett              Keegan                 Kelley
Kennedy                Klauber                Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limehouse
Lloyd                  Lucas                  Mack
Maddox                 Martin                 McCraw
McGee                  McKay                  McLeod, W.
Neal, J.H.             Neal, J.M.             Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rhoad
Riser                  Rodgers                Sandifer
Seithel                Sheheen                Simrill
Smith, F.              Smith, J.              Smith, R.
Stille                 Stuart                 Taylor
Townsend               Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Young-Brickell

Total--89


Printed Page 2046 . . . . . Saturday, March 18, 2000

Those who voted in the negative are:
Easterday              Fleming                Harrison
Jennings               Kirsh                  Littlejohn
Loftis                 Lourie                 Meacham-Richardson
Perry                  Rice                   Robinson
Sharpe                 Smith, D.              Tripp
Trotter                Walker                 Woodrum

Total--18

So, the amendment was tabled.

Section 18 was adopted.

SECTION 19--ADOPTED

Rep. KIRSH proposed the following Amendment No. 119 (Doc Name h-wm\009\musoffice.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 19, State Museum, page 483, paragraph 9, lines 30-31, by striking the proviso in its entirety.
/   19.9.   (MUSM: Foundation Office Rent) Appropriate office and administrative space for the South Carolina Museum Foundation Chief Executive Officer and staff may be provided by the Museum Commission without rent reimbursement./
Renumber sections to conform.
Amend totals and titles to conform.

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

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

Section 19 was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.


Printed Page 2047 . . . . . Saturday, March 18, 2000

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24--ADOPTED

Rep. KIRSH proposed the following Amendment No. 193 (Doc Name h-wm\003\dnr10.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 24, Department of Natural Resources, page 487, paragraph 10, line 13, by inserting a new sentence at the end to read:
/Beginning in the current fiscal year, all badged duty clothing, which consists of clothing with the department's name, seal or agent designation, is the property of the department and must be returned upon an employee's separation from the department./
Renumber sections to conform.
Amend totals and titles to conform.

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

POINT OF ORDER

Rep. KNOTTS raised the Point of Order that Amendment No. 193 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

Rep. KOON continued speaking.

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

Reps. ROBINSON, MILLER, BATTLE, MADDOX, D. SMITH and JENNINGS proposed the following Amendment No. 652 (Doc Name h-wm\003\dnrcarson1.doc):
Amend the bill, as and if amended, Part IB, Section 24, Department of Natural Resources, page 487, after line 32, by adding an appropriately numbered paragraph to read:
/Of the funds carried forward from the prior fiscal year, the Department of Natural Resources is directed to use $93,000 for expenses related to the lawsuit of Carson v. the Department of Natural Resources. The department shall use the funds for litigation expenses


Printed Page 2048 . . . . . Saturday, March 18, 2000

or to reimburse the Insurance Reserve Fund for costs and expenses incurred in defending the department in the lawsuit./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ROBINSON explained the amendment.

POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Amendment No. 652 was out of order in that the amendment appropriated money in years other than the current fiscal year.
Rep. ROBINSON stated that the amendment appropriated carryover funds that were spread throughout the agency's budget in this fiscal year.
SPEAKER WILKINS overruled the Point of Order.

Rep. ROBINSON continued speaking.

Rep. ROBINSON moved to adjourn debate on the amendment, which was agreed to.

Rep. FLEMING proposed the following Amendment No. 660 (Doc Name ron\department of natural resources.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 24, page 486, paragraph 24.6, line 32, by adding an appropriately numbered paragraph to read:
/when conservation officers work in counties which they are not residing or attached any county funds which are collected due to tickets written by that conservation officer shall be credited to and retained by the county in which that officer is attached to or residing in./
Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 660 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.


Printed Page 2049 . . . . . Saturday, March 18, 2000

Reps. ROBINSON, MILLER, BATTLE, MADDOX, D. SMITH and JENNINGS proposed the following Amendment No. 652 (Doc Name h-wm\003\dnrcarson1.doc), which was rejected:
Amend the bill, as and if amended, Part IB, Section 24, Department of Natural Resources, page 487, after line 32, by adding an appropriately numbered paragraph to read:
/Of the funds carried forward from the prior fiscal year, the Department of Natural Resources is directed to use $93,000 for expenses related to the lawsuit of Carson v. the Department of Natural Resources. The department shall use the funds for litigation expenses or to reimburse the Insurance Reserve Fund for costs and expenses incurred in defending the department in the lawsuit./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. MILLER spoke in favor of the amendment.

Rep. KOON moved to table the amendment.

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

Yeas 25; Nays 81

Those who voted in the affirmative are:

Askins                 Barfield               Bowers
Campsen                Dantzler               Frye
Gilham                 Gourdine               Harvin
Hayes                  Koon                   Lanford
Limehouse              McCraw                 McLeod, M.
Ott                    Rhoad                  Riser
Rodgers                Sandifer               Sharpe
Sheheen                Webb                   Wilkes
Witherspoon

Total--25

Those who voted in the negative are:

Allen                  Allison                Altman
Bailey                 Bales                  Barrett
Battle                 Breeland               Brown, J.
Cato                   Chellis                Clyburn

Printed Page 2050 . . . . . Saturday, March 18, 2000

Cooper                 Cotty                  Davenport
Delleney               Easterday              Edge
Emory                  Fleming                Gamble
Hamilton               Harrell                Harrison
Haskins                Hines, J.              Hines, M.
Hinson                 Howard                 Huggins
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Kirsh
Klauber                Knotts                 Law
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Lucas                  Mack                   Maddox
Martin                 McGee                  McKay
McLeod, W.             Meacham-Richardson     Miller
Moody-Lawrence         Neal, J.M.             Parks
Perry                  Phillips               Rice
Robinson               Scott                  Seithel
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Stille
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Walker
Whatley                Whipper                Wilder
Wilkins                Woodrum                Young-Brickell

Total--81

So, the House refused to table the amendment.

Rep. KOON spoke against the amendment.
Rep. HARRELL spoke against the amendment.

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

POINT OF ORDER -- PARAGRAPH 25.14 RULED OUT OF ORDER

Rep. KIRSH raised the Point of Order that Paragraph 25.14 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order, ruled Paragraph 25.14 out of order and ordered it stricken from the Bill.


Printed Page 2051 . . . . . Saturday, March 18, 2000

Section 24 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26--AMENDED AND ADOPTED

Rep. J. BROWN proposed the following Amendment No. 455 (Doc Name h-wm\010\jb_488_new.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 26, Parks, Recreation and Tourism, Department of, page 488, paragraph , line after 35, by adding an appropriately numbered paragraph to read:
/Of the funds provided to the department twenty-five thousand dollars ($25,000) shall be provided to the U.S., Youth Games./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. J. BROWN explained the amendment.
Rep. KELLEY spoke in favor of the amendment.
The amendment was then adopted.

Reps. H. BROWN and SEITHEL proposed the following Amendment No. 570 (Doc Name council\bbm\amend\9391htc00.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 26, Department of Parks, Recreation and Tourism, page 488, paragraph 26.6, by adding on line 30:
/ If in the current fiscal year the owners of the Morris Island Lighthouse property offer the property to the State as a gift, the gift of the property is accepted, the property is deemed a Heritage Site and constitutes a part of the corpus of the South Carolina Heritage Trust as provided in Chapter 17, Title 51 of the 1976 Code. At the time the site is deeded, any funds appropriated for the Morris Island Lighthouse are transferred to the Heritage Land Trust Fund and must be used by the trustees for the purposes for which these funds were originally appropriated./
Renumber sections to conform.
Amend totals and title to conform.

Rep. H. BROWN explained the amendment.


Printed Page 2052 . . . . . Saturday, March 18, 2000

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 570 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS overruled the Point of Order.

Rep. KELLEY spoke in favor of the amendment.
Rep. KOON spoke against the amendment.
Rep. ASKINS spoke in favor of the amendment.
The amendment was then adopted.

Section 26, as amended, was adopted.

SECTION 27--ADOPTED

Rep. KIRSH proposed the following Amendment No. 196 (Doc Name h-wm\003\comcharmar.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 27, Department of Commerce, page 490, paragraph 18, lines 33-34, by striking the proviso in its entirety.
/   27.18.   (CMRC: Charleston Marine Firefighting Program) The Charleston Marine Firefighting Program shall be appropriated $100,000 through the Department of Commerce for the Charleston County Hazardous Materials Office./
Renumber sections to conform.
Amend totals and titles to conform.

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

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

Section 27 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 32--AMENDED AND ADOPTED

Rep. ROBINSON proposed the following Amendment No. 202 (Doc Name h-wm\003\complex.doc), which was adopted:


Printed Page 2053 . . . . . Saturday, March 18, 2000

Amend the bill, as and if amended, Part IB, Section 32, Attorney General's Office, page 494, line 4, by adding an appropriately numbered paragraph to read:
/The Attorney General is authorized to expend all monies deposited into the General Fund from the Nine West Settlement for those purposes as directed and authorized by the Nine West Settlement agreement./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. ROBINSON proposed the following Amendment No. 404 (Doc Name council\skb\amend\18247htc00.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 32, Attorney General's Office, page 494, by adding an appropriately numbered paragraph at the end to read:

/ 32.__   (AG: Complex Criminal Litigation-Palmetto Exile Prosecutions)

Notwithstanding the maximum amount allowed in the complex criminal litigation fund pursuant to Sections 14-1-206, 14-1-207, and 14-1-208 of the 1976 Code, for the current fiscal year an additional $77,500 may be retained in the fund and used by the Attorney General for the expenses of prosecutions under the Palmetto Exile Project, and such prosecutions are deemed complex criminal litigation for purposes of determining the uses to which the revenue of the fund may be applied. /
Renumber sections to conform.
Amend totals and title to conform.

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

Section 32, as amended, was adopted.

SECTION 33

Section 33 was adopted.


Printed Page 2054 . . . . . Saturday, March 18, 2000

SECTION 35--AMENDED AND ADOPTED

Rep. ROBINSON proposed the following Amendment No. 635 (Doc Name h-wm\003\35p4cca.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 35, Commission on Indigent Defense, page 496, paragraph 5, lines 27-31, by striking /Priority in monthly payment of reimbursement vouchers must be given to those submitted by private attorneys for cases originating in counties which have a population of 135,000 or less as determined by the most recent US Census report. Counsel shall first submit vouchers for payment to the Department of Social Services for payment and once funds appropriated for those services and matching federal funds are exhausted, then payment shall be made from funds appropriated for this purpose from the Commission of Indigent Defense./
and inserting /Payments shall be made from funds appropriated for this purpose from the Commission on Indigent Defense./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. ROBINSON proposed the following Amendment No. 203 (Doc Name h-wm\003\ind. realign.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 35, Commission on Indigent Defense, page 497, line 19, by adding an appropriately numbered paragraph to read:
/in consultation with the Senate Finance Committee and the House Ways and Means Committee, the Commission on Indigent Defense is authorized to realign its Fiscal Year 2000-2001 appropriations into a revised structure to reflect actual program operations./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 35, as amended, was adopted.

SECTION 36

Section 36 was adopted.


Printed Page 2055 . . . . . Saturday, March 18, 2000

SECTION 37--AMENDED AND ADOPTED

Reps. KNOTTS, LIMEHOUSE, WHATLEY, JENNINGS and M. MCLEOD proposed the following Amendment No. 492 (Doc Name council\swb\amend\5101htc00.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 37, page 502 by adding an appropriately numbered paragraph at the end to read:
/ 37. ___(Corr: Community Corrections Incentive Act)     The funds appropriated to the Department of Corrections for implementation of the Community Corrections Incentive Act must be used exclusively for implementation of Chapter 48 of Title 2 of the 1976 Code. Any funds remaining at the end of the fiscal year must be carried forward for the purpose of implementing the Community Corrections Incentive Act. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KNOTTS explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 492 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. KLAUBER proposed the following Amendment No. 558 (Doc Name h-wm\003\work.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, Department of Corrections, page 502, line 11, by adding an appropriately numbered paragraph to read:
/The Department of Corrections shall require all able-bodied inmates to work 40 hours a week. Violent inmates are prohibited from working outside a correctional institution. All costs associated with this program shall be paid from the operating budget of the Department of Corrections. Any profits received by the Department of Corrections from inmate labor shall be remitted to the general fund, unless otherwise provided by law./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KLAUBER explained the amendment.


Printed Page 2056 . . . . . Saturday, March 18, 2000

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 558 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. KLAUBER argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. KLAUBER continued speaking.
Rep. KNOTTS spoke in favor of the amendment.
Rep. PINCKNEY spoke against the amendment.
Rep. F. SMITH spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 96; Nays 10

Those who voted in the affirmative are:

Allison                Altman                 Askins
Bailey                 Bales                  Barfield
Barrett                Battle                 Bowers
Brown, H.              Brown, J.              Brown, T.
Campsen                Canty                  Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Frye                   Gamble
Gilham                 Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hinson                 Howard
Huggins                Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Maddox                 Martin
McCraw                 McGee                  McKay
McLeod, W.             Meacham-Richardson     Miller
Neal, J.M.             Neilson                Ott
Parks                  Perry                  Phillips

Printed Page 2057 . . . . . Saturday, March 18, 2000

Quinn                  Rhoad                  Rice
Riser                  Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--96

Those who voted in the negative are:

Breeland               Hines, M.              Lee
Lloyd                  Mack                   Neal, J.H.
Pinckney               Scott                  Sheheen
Wilkes

Total--10

So, the amendment was adopted.

STATEMENT FOR THE JOURNAL

I did not vote on Amendment No. 558. Currently, the Department of Corrections already works prisoners in a variety of ways. This amendment compromises the department's ability to order lock-downs in the event of prison disturbances and to isolate dangerous prisoners, among other things. I support legitimate measures requiring prisoners to work or to obtain a high school diploma at a minimum.
Rep. Alfred B. Robinson, Jr.

Rep. KLAUBER proposed the following Amendment No. 561 (Doc Name h-wm\003\chaingang.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 37, Department of Corrections, page 502, line 11, by adding an appropriately numbered paragraph to read:
/The Department of Corrections shall establish a chain gang program for all able-bodied, non-violent inmates. The cost of the chain gang program shall be paid from the operating line item of the Department of Corrections. Those assigned to the chain gang program shall pick


Printed Page 2058 . . . . . Saturday, March 18, 2000

up litter along the interstate and other public roadways of the State. In the event, the department has insufficient funds the chain gang program shall be funded from the governor's office litter task force budget./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. KLAUBER explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 561 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS overruled the Point of Order.

Rep. KLAUBER continued speaking.
Rep. ALTMAN spoke against the amendment.

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

Rep. KLAUBER proposed the following Amendment No. 560 (Doc Name h-wm\003\corrtv.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 37, Department of Corrections, page 502, paragraph, line 11, by adding an appropriately numbered paragraph to read:
/The department shall not expend appropriated funds for cable-television, satellite television, or similar multi-channel television system in any correctional institution./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. SCOTT moved to table the amendment.

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

Yeas 40; Nays 68

Those who voted in the affirmative are:

Askins                 Bailey                 Battle
Bowers                 Breeland               Brown, J.
Brown, T.              Campsen                Canty
Clyburn                Cobb-Hunter            Delleney

Printed Page 2059 . . . . . Saturday, March 18, 2000

Emory                  Gourdine               Govan
Hayes                  Hines, J.              Hines, M.
Howard                 Inabinett              Kelley
Kennedy                Lee                    Lloyd
Mack                   Maddox                 McLeod, M.
McLeod, W.             Moody-Lawrence         Neal, J.H.
Parks                  Perry                  Pinckney
Rhoad                  Scott                  Sheheen
Smith, F.              Webb                   Whipper
Wilkes

Total--40

Those who voted in the negative are:

Allison                Barfield               Barrett
Brown, H.              Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Fleming                Frye                   Gamble
Gilham                 Hamilton               Harrell
Harris                 Harrison               Harvin
Haskins                Hawkins                Hinson
Huggins                Keegan                 Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Lourie                 Lucas                  Martin
McGee                  McKay                  Meacham-Richardson
Neilson                Ott                    Phillips
Quinn                  Rice                   Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, J.
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Whatley
Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--68

So, the House refused to table the amendment.


Printed Page 2060 . . . . . Saturday, March 18, 2000

Rep. KELLEY spoke against the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 58; Nays 52

Those who voted in the affirmative are:

Allison                Askins                 Barfield
Barrett                Brown, H.              Cato
Chellis                Cooper                 Cotty
Davenport              Easterday              Edge
Fleming                Frye                   Gamble
Gilham                 Harrell                Harris
Harrison               Haskins                Hawkins
Hinson                 Huggins                Keegan
Klauber                Knotts                 Lanford
Law                    Limehouse              Littlejohn
Loftis                 Lourie                 Lucas
McGee                  McKay                  Meacham-Richardson
Neilson                Ott                    Phillips
Quinn                  Rice                   Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith, D.              Smith, R.
Stuart                 Taylor                 Townsend
Tripp                  Trotter                Walker
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Bailey                 Battle                 Bowers
Breeland               Brown, J.              Brown, T.
Campsen                Canty                  Clyburn
Cobb-Hunter            Delleney               Emory
Gourdine               Govan                  Hamilton
Harvin                 Hayes                  Hines, J.
Hines, M.              Howard                 Inabinett
Kelley                 Kennedy                Kirsh
Koon                   Leach                  Lee

Printed Page 2061 . . . . . Saturday, March 18, 2000

Lloyd                  Mack                   Maddox
Martin                 McLeod, M.             McLeod, W.
Miller                 Moody-Lawrence         Neal, J.H.
Neal, J.M.             Parks                  Perry
Pinckney               Rhoad                  Riser
Scott                  Sheheen                Smith, F.
Smith, J.              Stille                 Webb
Whatley                Whipper                Wilder
Wilkes

Total--52

So, the amendment was adopted.

STATEMENT FOR THE JOURNAL

I did not vote on Amendment No. 560. Television privileges to which this amendment is directed were eliminated under the Beasley Administration by Director Moore. Further, the impact of this amendment would prohibit the use of certain technology to provide educational opportunities to inmates. I agree that prisons should be facilities to which people do not seek to come. I support legitimate measures which make prisons embody a spartan, hard life, designed to rehabilitate those prisoners who are responsive and to incarcerate those who are violent and incorrigible.

Rep. Alfred B. Robinson, Jr.

Section 37, as amended, was adopted.

SECTION 38--AMENDED AND DEBATE ADJOURNED

Rep. ROBINSON proposed the following Amendment No. 471 (Doc Name h-wm\003\awilkes.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 38, Department of Probation, Parole and Pardon, page 502, paragraph 3, line 21, after /shall contract with/ by inserting:
/any willing competitive provider, which may include but is not limited to/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. ROBINSON explained the amendment.


Printed Page 2062 . . . . . Saturday, March 18, 2000

The amendment was then adopted.

Rep. KIRSH moved to adjourn debate on the Section, which was agreed to.

SECTION 39--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 194 (Doc Name h-wm\003\djj8.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 39, Department of Juvenile Justice, page 503, paragraph 8, lines 24-27, by striking the proviso in its entirety.
/   39.8.   (DJJ: Salary Increases) The funds appropriated in this Section for a 5% general salary increase are to increase the salaries of juvenile correctional officers, residential specialists, community specialists, and public safety officers, effective the first payroll in January 2000. This general increase is in addition to any other increases given to all state employees in other sections of this Act./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 39, as amended, was adopted.

SECTION 40

Section 40 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.


Printed Page 2063 . . . . . Saturday, March 18, 2000

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49

Section 49 was adopted.

SECTION 50--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 111 (Doc Name h-wm\010\llr6a.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 50, Department of Labor, Licensing and Regulation, page 508, paragraph 6, lines 13-20, by amending the proviso to read:
/   50.6.   (LLR: Fire Marshal Fallen Firefighters Memorial) The Department of Labor, Licensing and Regulation - Division of the State Fire Marshal is authorized to erect a memorial on the South Carolina Fire Academy grounds in honor of the South Carolina Firefighters who have died in the act of duty. In order to carry out the purpose of this section, the Department's State Fire and Safety Division is authorized to establish a special account and accept gifts or grants of services, properties or monies from individuals or public and private organizations to honor South Carolina firefighters who have died in the line of duty. The department shall cooperate with the S.C. State Fire Chiefs Association as to design, selection and construction of the monument to be erected and shall be authorized to use such funds as necessary. All excess monies collected to erect a memorial are to be placed in a fund for upkeep and maintenance. Any later contributions are to be used for upkeep and maintenance./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 50, as amended, was adopted.

SECTION 51

Section 51 was adopted.


Printed Page 2064 . . . . . Saturday, March 18, 2000

SECTION 53

Section 53 was adopted.

SECTION 38--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 663 (Doc Name h-wm\006\38.6.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 38, Department of Probation, Parole and Pardon, page 502, paragraph 6, lines 31-33, by striking:
/Beginning in Fiscal Year 1998-99 all badged duty clothing, which consists of clothing with the department's name, seal or agent designation, is the property of the department and must be returned upon an employee's separation from the department./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 38, as amended, was adopted.

Rep. EASTERDAY moved that the House recede until 2:00 p.m., which was agreed to.

Further proceedings were interrupted by the House receding the pending question being consideration of Section 54, Part IB.

THE HOUSE RESUMES

At 2:00 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.

ACTING SPEAKER H. BROWN IN CHAIR

SPEAKER IN CHAIR

H. 4775--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 54, Part IB.


Printed Page 2065 . . . . . Saturday, March 18, 2000

H. 4775--THE GENERAL APPROPRIATION BILL

SECTION 54--AMENDED AND ADOPTED

Rep. KELLEY proposed the following Amendment No. 115 (Doc Name h-wm\005\dialup.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 516, paragraph 37, lines 21-23, by striking the proviso in its entirety:
/   54.37.   (LEG: Dialup Facility) Upon review and approval by the council as provided in 54.16, Legislative Information Systems is authorized to charge fees for the use of its Dialup Facility and to retain, use and carry forward these funds to be used only for equipment and maintenance for this facility./
Renumber sections to conform.
Amend totals and titles to conform.

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

Reps. TOWNSEND, ALLISON, HAYES, SHARPE, J. HINES, COOPER, LITTLEJOHN, J.H. NEAL, MILLER, KELLEY, HARRISON, LEACH, BALES, QUINN, HAMILTON, BARRETT, ALTMAN, INABINETT, R. SMITH, STILLE, MARTIN, WALKER, RODGERS, GILHAM, JENNINGS, LOURIE, CATO and ROBINSON proposed the following Amendment No. 659 (Doc Name h-wm\005\54p35town.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 516, paragraph 35, line 17, by inserting a new sentence at the end to read:
/Whenever a professional certificate is required for outside employment, the granted exemption of Section 2-1-120 shall be extended to include staff of the General Assembly./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. TOWNSEND explained the amendment.

POINT OF ORDER

Rep. COBB-HUNTER raised the Point of Order that Amendment No. 659 was out of order in that it was not germane under Rule 5.3B.


Printed Page 2066 . . . . . Saturday, March 18, 2000

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

Section 54, as amended, was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56DD--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 113 (Doc Name h-wm\010\sled35.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 56DD, Governor's Office, page 523, paragraph 35, lines 1-3, by striking the proviso in its entirety.
/   56DD.35.   (GOV: SLED - Salary Increases) The funds appropriated in this section for a 5% general salary increase are to increase the salaries of non-supervisory sworn personnel, effective the first payroll in January 2000. This general increase is in addition to any other increases given to all state employees in other sections of this act. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. J. SMITH proposed the following Amendment No. 408 (Doc Name h-wm\005\vietmem.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 56DD, Governor's Office, page 523, line 15, by adding an appropriately numbered paragraph to read:
/Of the funds appropriated to the Governor's Office, Executive Policy and Programs, the Division of Veteran's Affairs must provide funds for the Vietnam Veterans of America, Inc., in a like amount and under the same conditions it provides funds for other veteran's organizations. The amount provided the Vietnam Veterans of America, Inc. must be in addition to the amount previously provided for other veteran's organizations./
Renumber sections to conform.
Amend totals and titles to conform.


Printed Page 2067 . . . . . Saturday, March 18, 2000

Rep. J. SMITH explained the amendment.
Rep. KELLEY spoke in favor of the amendment.
The amendment was then adopted.

Rep. KELLEY explained the Section.

POINT OF ORDER -- PARAGRAPH 56DD.34 RULED OUT OF ORDER

Rep. SHEHEEN raised the Point of Order that Paragraph 56DD.34 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order, ruled Paragraph 56DD.34 out of order and ordered it stricken from the Bill.

Section 56DD, as amended, was adopted.

SECTION 58--AMENDED AND ADOPTED

Rep. TOWNSEND proposed the following Amendment No. 530 (Doc Name council\pt\amend\1956dw00.doc), which was adopted:
Amend the bill, as and if amended, PART IB, Section 58 - E08 - Secretary of State's Office, page 523, by adding an appropriately numbered SECTION to read:

/ 58.___.   A fire department or rescue squad conducting or intending to conduct a professional solicitation of charitable funds may comply with the registration and fee requirements of Chapter 56, Title 33 of the 1976 Code if the local governing body having jurisdiction over that department or squad and other departments or squads in its area singly registers the multiple departments or squads annually and pays a single annual registration fee to the Secretary of State of fifty dollars pursuant to Section 33-56-30. The single annual registration and fee payment of fifty dollars effectively registers all fire departments and rescue squads within the jurisdiction of the local governing body. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.


Printed Page 2068 . . . . . Saturday, March 18, 2000

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 530 was out of order in that it was not germane to the Bill under Rule 5.3B.
SPEAKER WILKINS overruled the Point of Order.

The amendment was then adopted.

Section 58, as amended, was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61--AMENDED AND ADOPTED

Rep. KELLEY proposed the following Amendment No. 118 (Doc Name h-wm\005\grantfnds.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 61, Adjutant General's Office, page 526, line 30, by adding an appropriately numbered paragraph to read:
/ (Retain Administrative Grant Funds) Pursuant to the provisions of any federal grant or grant-type instrument, the Adjutant General's Office is authorized to retain allocated or apportioned costs received from the grantor for the purpose of direct administrative program support. These funds will be used to off-set increased administrative costs incurred in the execution of federal programs./
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 61, as amended, was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63A

Section 63A was adopted.


Printed Page 2069 . . . . . Saturday, March 18, 2000

SECTION 63B--ADOPTED

Rep. STUART proposed the following Amendment No. 552 (Doc Name h-wm\005\bcpviag.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 63B, B&C Board, Div. of Operations, page 531, line 30, by adding an appropriately numbered paragraph to read:
/The Budget and Control Board, Office of Insurance Services is directed to provide contraceptive prescription coverage under the State Health Plan in the same manner as the plan provides coverage for prescriptions for performance enhancing drugs./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STUART explained the amendment.

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 552 was out of order in that Section 63B in Part IA had been clinched and the amendment attempted to increase appropriations.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Section 63B was adopted.

SECTION 63C--AMENDED AND ADOPTED

Reps. HOWARD and J.H. NEAL proposed the following Amendment No. 294 (Doc Name council\psd\amend\7114som00.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 63C, paragraph 63C.9 by striking /2.5%/ on line 7, page 535 and inserting /5.5%/, by striking /3%/ on line 19, page 535, and inserting /6%/, by striking /3%/ on line 29, page 535 and inserting /6%/, by striking /2.5%/ on line 31, page 535, and inserting /5.5%/, and by adding a new item 6 immediately after item 5 which begins on line 30, page 535 to read:

6.   Of the pay increases provided above other than the merit pay increases, 2.5% of the increases provided in paragraphs 63C.9.1 and 63C.9.5 shall be from state funds in the manner appropriated in this act, and 3.0% of the increases provided in paragraphs 63C.9.2 and 63C.9.4 shall be provided from state funds in the manner appropriated in this act, and the balance of the pay increases shall be absorbed by the agencies or departments./


Printed Page 2070 . . . . . Saturday, March 18, 2000

Renumber sections to conform.
Amend totals and title to conform.

Rep. HOWARD explained the amendment.

POINT OF ORDER

Rep. KIRSH raised the Point of Order that Amendment No. 294 was out of order under Rule 5.3 B in that it had the effect of appropriating funds in excess of ten million dollars and should include the corresponding appropriation reductions and/or revenue that would fully fund the amendment's proposed appropriation.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Reps. HOWARD and J.H. NEAL proposed the following Amendment No. 295 (Doc Name council\psd\amend\7113som00.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 63C, paragraph 63C.9 by striking /2.5%/ on line 7, page 535 and inserting /4.5%/, by striking /3%/ on line 19, page 535, and inserting /5%/, by striking /3%/ on line 29, page 535 and inserting /5%/, by striking /2.5%/ on line 31, page 535, and inserting /4.5%/, and by adding a new item 6 immediately after item 5 which begins on line 30, page 535 to read:

6.   Of the pay increases provided above other than the merit pay increases, 2.5% of the increases provided in paragraphs 63C.9.1 and 63C.9.5 shall be from state funds in the manner appropriated in this act, and 3.0% of the increases provided in paragraphs 63C.9.2 and 63C.9.4 shall be provided from state funds in the manner appropriated in this act, and the balance of the pay increases shall be absorbed by the agencies or departments./
Renumber sections to conform.
Amend totals and title to conform.

POINT OF ORDER

Rep. KELLEY raised the Point of Order that Amendment No. 295 was out of order under Rule 5.3 B in that it had the effect of appropriating funds in excess of ten million dollars and should include the corresponding appropriation reductions and/or revenue increases that would fully fund the amendment's proposed appropriation.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.


Printed Page 2071 . . . . . Saturday, March 18, 2000

Reps. HOWARD and J.H. NEAL proposed the following Amendment No. 495 (Doc Name council\psd\amend\7114som00.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 63C, paragraph 63C.9 by striking /2.5%/ on line 7, page 535 and inserting /5.5%/, by striking /3%/ on line 19, page 535, and inserting /6%/, by striking /3%/ on line 29, page 535 and inserting /6%/, by striking /2.5%/ on line 31, page 535, and inserting /5.5%/, and by adding a new item 6 immediately after item 5 which begins on line 30, page 535 to read:

6.   Of the pay increases provided above other than the merit pay increases, 2.5% of the increases provided in paragraphs 63C.9.1 and 63C.9.5 shall be from state funds in the manner appropriated in this act, and 3.0% of the increases provided in paragraphs 63C.9.2 and 63C.9.4 shall be provided from state funds in the manner appropriated in this act, and the balance of the pay increases shall be absorbed by the agencies or departments./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HOWARD explained the amendment.

POINT OF ORDER

Rep. KELLEY raised the Point of Order that Amendment No. 495 was out of order under Rule 5.3 B in that it had the effect of appropriating funds in excess of ten million dollars and should include the corresponding appropriation reductions and/or revenue increases that would fully fund the amendment's proposed appropriation.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. OTT proposed the following Amendment No. 549 (Doc Name council\dka\amend\3792mm00.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63C-F09-Budget and Control Board, Budget & Analyses, paragraph 63C.9., page 535, by striking lines 6 through 34, and page 536, by striking lines 1 and 2, and inserting:
/   1.   With respect to all state employees, including classified and unclassified employees and nonjudge judicial classified employees, the Office of Human Resources shall develop a scheme whereby the amount appropriated pursuant to this paragraph is allocated so that each


Printed Page 2072 . . . . . Saturday, March 18, 2000

state employee shall receive an employee pay increase equal in dollar amount to the pay increase received by every other state employee.

2.   With respect to local health care providers, the funds provided for compensation increases shall be allocated in the same manner and in the same dollar amount as provided in item 1.

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

4.   These employee pay increases are effective on the first pay date that occurs on or after July 1 of the current fiscal year. /
Renumber items and sections to conform.
Amend totals and title to conform.

Rep. OTT explained the amendment.
Rep. OTT spoke in favor of the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 58; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Easterday
Edge                   Fleming                Frye
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 McCraw
McGee                  McKay                  Meacham-Richardson
Perry                  Quinn                  Rice

Printed Page 2073 . . . . . Saturday, March 18, 2000

Riser                  Robinson               Sandifer
Seithel                Sharpe                 Simrill
Smith, D.              Smith, R.              Stuart
Taylor                 Townsend               Tripp
Trotter                Webb                   Whatley
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--58

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, G.              Brown, J.
Brown, T.              Canty                  Clyburn
Cobb-Hunter            Delleney               Emory
Gilham                 Gourdine               Govan
Harris                 Harvin                 Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Jennings
Kennedy                Knotts                 Lee
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
McLeod, M.             McLeod, W.             Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rodgers                Scott                  Sheheen
Smith, F.              Smith, J.              Stille
Whipper                Wilder                 Wilkes

Total--57

So, the amendment was tabled.

STATEMENT FOR THE JOURNAL
ABSTENTION FROM VOTING

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:


Printed Page 2074 . . . . . Saturday, March 18, 2000

Part IB, Section 63C, Amendment No. 549

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 Gamble

District No. 89

Rep. KELLEY proposed the following Amendment No. 657 (Doc Name h-wm\005\merit.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board, Division of Budget and Analyses, page 535, paragraph 9, lines 9-11, by striking /first pay date that occurs on or after January 1 of the current fiscal year/
and reinserting
/beginning of the pay period coincident with or immediately following the employee's performance review date/
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. KIRSH proposed the following Amendment No. 129 (Doc Name h-wm\005\bcbdba19.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board, Division of Budget and Analyses, pages 536-537, paragraph 19, lines 33-35 and 1-3, by striking the proviso in its entirety.
/   63C.19.   (BCB/DBA: OHR - Y2K Annual Leave Extension) Due to the potential inability of state employees or groups of state employees involved in Y2K preparation to take annual leave, the Budget and Control Board may grant up to a six-month extension to carry over any annual leave in excess of the 45-day maximum accumulation. Any unused annual leave carried over from the 1999 calendar year in excess of 45 days shall be forfeited on June 30, 2000. Requests for extensions must be made by the agency and approved by the Budget and Control Board's Division of Budget and Analyses, Office of Human Resources prior to January 1, 2000. The Office of


Printed Page 2075 . . . . . Saturday, March 18, 2000

Human Resources shall inform agencies of the procedures for complying with this proviso./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. QUINN proposed the following Amendment No. 644 (Doc Name h-wm\002\beamedicaid3.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board, Division of Budget and Analyses, page 537, line 14, by adding an appropriately numbered paragraph to read:
/From the funds appropriated to the office of research and statistics, the Budget and Control Board shall provide members of the state legislature with periodic reports and analysis of the economic benefits and costs of the state medicaid program. This analysis shall include, but is not limited to, a review of: 1) the actual and projected number of eligibles and recipients for each of the qualifying groups; 2) the actual and projected costs of providing services to each of the qualifying groups and reimbursement rates to the providers; 3) the benefits and scope of services provided to medicaid recipients as compared to other states; 4) the compliance of the state medicaid program with federal and state rules, regulations and laws governing the medicaid program; and 5) the identification of cost savings opportunities through the use of technologies, managed care and other management techniques to achieve quality and efficiency in the medicaid program. The Office of Research and Statistics, shall at least annually, publish a report on the strengths, weaknesses, opportunities and threats to the financial integrity and stability of the state medicaid program. The Department of Health and Human Services must provide to the staff of the Office of Research and Statistics all financial and statistical data, excluding any confidential identifying information, regarding the medicaid program./
Renumber sections to conform.
Amend totals and titles to conform.

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


Printed Page 2076 . . . . . Saturday, March 18, 2000

Rep. ROBINSON proposed the following Amendment No. 653 (Doc Name h-wm\003\63c20.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board, Division of Budget and Analyses, page 537, paragraph 20, lines 4-8, by striking:/the proviso in its entirety.
/   63C.20.   (BCB/DBA: OHR - Salary Study) The State Budget and Control Board's Office of Human Resources shall conduct a salary review of all law enforcement and correctional classifications and all members of the judiciary. The review must include such analysis as may be needed to assess the adequacy of current salary levels and opportunities for salary advancements. The review must also assess the effectiveness of the current judicial salary tiers. A report, including appropriate recommendations, must be submitted to the House Ways and Means Committee and the Senate Finance Committee by January 1, 2000. /
Renumber sections to conform.
Amend totals and titles to conform.

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

Section 63C, as amended, was adopted.

SECTION 63D--ADOPTED

Rep. GOVAN proposed the following Amendment No. 475 (Doc Name h-wm\005\63d6-1m.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63D, Budget and Control Board, Division of Regional Development, page 538, paragraph 6, line 6, by inserting at the end:
/and $1,000,000 for Orangeburg water and sewer/
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

Rep. COOPER moved to table the amendment.

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

Yeas 72; Nays 45


Printed Page 2077 . . . . . Saturday, March 18, 2000

Those who voted in the affirmative are:
Allison                Altman                 Barfield
Barrett                Battle                 Brown, H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Frye
Gamble                 Gilham                 Hamilton
Harrell                Harris                 Harrison
Hawkins                Hinson                 Huggins
Keegan                 Kelley                 Kirsh
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 McCraw                 McGee
McKay                  Meacham-Richardson     Miller
Neilson                Perry                  Phillips
Quinn                  Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stille
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--72

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown, G.              Brown, J.              Brown, T.
Canty                  Clyburn                Cobb-Hunter
Emory                  Gourdine               Govan
Harvin                 Haskins                Hayes
Hines, J.              Hines, M.              Hosey
Howard                 Inabinett              Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   McLeod, M.
McLeod, W.             Moody-Lawrence         Neal, J.H.
Neal, J.M.             Ott                    Parks

Printed Page 2078 . . . . . Saturday, March 18, 2000

Pinckney               Rhoad                  Rice
Scott                  Smith, F.              Smith, J.
Stuart                 Whipper                Wilkes

Total--45

So, the amendment was tabled.

Rep. GOVAN proposed the following Amendment No. 474 (Doc Name h-wm\005\1mwtrswr.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 63D, Budget and Control Board, Division of Regional Development, page 538, line 7, by adding an appropriately numbered paragraph to read:
/   Of the funds appropriated to the Budget and Control Board, Division of Regional Development - Local Government Grant Fund, for FY 2000-01, $1,000,000 shall be transferred to the City of Orangeburg for water and sewer./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. GOVAN explained the amendment.

POINT OF ORDER

Rep. KELLEY raised the Point of Order that Amendment No. 474 was out of order in that it was identical to a previously tabled amendment.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Section 63D was adopted.

SECTION 63E

Section 63E was adopted.

SECTION 63F

Section 63F was adopted.

LEAVE OF ABSENCE

The SPEAKER granted Rep. D. SMITH a leave of absence for the remainder of the day.


Printed Page 2079 . . . . . Saturday, March 18, 2000

SECTION 63G--ADOPTED

Rep. STUART proposed the following Amendment No. 669 (Doc Name h-wm\005\bcpviag5.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 63G, Budget and Control Board, Employee Benefits, page 540, line 18, by adding an appropriately numbered paragraph to read:
/From the funds authorized to the Budget and Control Board, Employee Benefits, the Office of Insurance Services is directed to provide contraceptive prescription coverage under the State Health Plan. /
Renumber sections to conform.
Amend totals and titles to conform.

Rep. STUART explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. STUART spoke in favor of the amendment.
Rep. MILLER spoke in favor of the amendment.

Rep. KELLEY moved to table the amendment.

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

Yeas 61; Nays 53

Those who voted in the affirmative are:

Altman                 Barfield               Barrett
Brown, H.              Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Frye                   Gilham                 Hamilton
Harrell                Harris                 Harrison
Haskins                Hawkins                Hinson
Huggins                Keegan                 Kelley
Kirsh                  Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
McCraw                 McGee                  McKay
Perry                  Quinn                  Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe

Printed Page 2080 . . . . . Saturday, March 18, 2000

Sheheen                Smith, R.              Stille
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--61

Those who voted in the negative are:

Allen                  Allison                Askins
Bailey                 Bales                  Battle
Bowers                 Breeland               Brown, G.
Brown, J.              Brown, T.              Canty
Clyburn                Cobb-Hunter            Emory
Gamble                 Gourdine               Govan
Harvin                 Hines, J.              Hines, M.
Hosey                  Inabinett              Jennings
Kennedy                Knotts                 Lee
Lloyd                  Lourie                 Mack
Maddox                 Martin                 McLeod, M.
McLeod, W.             Meacham-Richardson     Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Phillips
Pinckney               Scott                  Seithel
Simrill                Smith, F.              Smith, J.
Stuart                 Whatley                Whipper
Wilder                 Wilkes

Total--53

So, the amendment was tabled.

Section 63G was adopted.

SECTION 63H

Section 63H was adopted.

SECTION 64--AMENDED AND DEBATE ADJOURNED

Rep. SHARPE proposed the following Amendment No. 569 (Doc Name h-wm\005\proptxdor.doc), which was adopted:


Printed Page 2081 . . . . . Saturday, March 18, 2000

Amend the bill, as and if amended, Part IB, Section 64, Department of Revenue, page 542, line 13, by adding an appropriately numbered paragraph to read:
/Of the funds appropriated to the Department of Revenue, $275,000 shall be transferred to the Comptroller General to reimburse counties for a Vehicle Tax Administrative Cost Refund. The county treasurer and county auditor shall determine the number of motor vehicle property tax refunds necessitated by the use of motor vehicle valuations which were subsequently revised by the South Carolina Department of Revenue. The county treasurer and county auditor shall then certify that number of motor vehicle property tax refunds made to the Comptroller General in the form and manner required by the policies and procedures of the Comptroller General's Office. The Comptroller General shall then issue checks to each county in an amount not to exceed $1.00 per refund made and certified on the filing submitted pursuant to this provision./
Renumber sections to conform.
Amend totals and titles to conform.

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

Rep. HAWKINS proposed the following Amendment No. 661 (Doc Name council\nbd\amend\11915mm00.doc), which was ruled out of order:
Amend the bill, as and if amended, Part IB, Section 64, Department of Revenue, page 542, by inserting after line 12, an appropriately numbered paragraph to read:
/64.___ (Department of Revenue: Drycleaning solvents) the department may not use, for administration, collection, and enforcement of the environmental surcharge on drycleaning solvents, any funds allocated to it when an owner or a transferee of the owner has opted out or has never elected to participate in the Drycleaning Facility Restoration Trust Fund./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HAWKINS explained the amendment.


Printed Page 2082 . . . . . Saturday, March 18, 2000

POINT OF ORDER

Rep. ROBINSON raised the Point of Order that Amendment No. 661 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. KLAUBER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. SHEHEEN moved to adjourn debate on the Section, which was agreed to.

SECTION 67

Section 67 was adopted.

SECTION 69A

Section 69A was adopted.

SECTION 69B

Section 69B was adopted.

SECTION 69C--AMENDED AND ADOPTED

Rep. RICE proposed the following Amendment No. 591 (Doc Name h-wm\007\tobacco proviso subfund b.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 69C, page 543, line 15, by adding an appropriately numbered paragraph to read:
/Of the $165,171,521 in the Tobacco Settlement Fund, $9.9 million shall be used to establish the tobacco health care trust fund. Fifty percent of the interest accrued may be utilized in fiscal year 2000-2001 on tobacco education and tobacco health care related issues. Fifty percent of the interest accrued will remain in the trust fund. Any future tobacco settlement funds received will be placed in this trust fund, and is to be expended as follows: Fifty percent of new funds and interest accrued on new funds on tobacco education and tobacco related health care issues and fifty percent of new funds and interest accrued remains in trust./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. RICE explained the amendment.


Printed Page 2083 . . . . . Saturday, March 18, 2000

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 591 was out of order in that Section 69C in Part IA had been clinched and the amendment attempted to increase appropriations.
SPEAKER WILKINS overruled the Point of Order.

PARLIAMENTARY INQUIRY

Rep. COBB-HUNTER inquired if the Speaker's ruling on Amendment No. 591 was consistent with previous rulings in which sections of the General Appropriation Bill had been clinched.
SPEAKER WILKINS stated that his ruling on Amendment No. 591 was consistent with previous rulings on clinched sections of the Bill.

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

Rep. WHIPPER proposed the following Amendment No. 625 (Doc Name council\psd\amend\7131som00.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 69C, Tobacco Settlement Fund--State Treasurer, page 543, line 9, by adding after line 9 / Provided, for the purposes of reducing the impact on agricultural communities as a result of the tobacco settlement, these monies shall include, in part, monies allocated for the training and retraining of farm workers in the tobacco industry, for a stipend to aid farm workers while they are being trained or retrained, and for the subsequent job development and placement of the farm workers.   /
Renumber sections to conform.
Amend totals and title to conform.

Rep. WHIPPER explained the amendment.

Rep. YOUNG-BRICKELL moved to table the amendment.

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

Yeas 66; Nays 39

Those who voted in the affirmative are:

Altman                 Barfield               Barrett
Battle                 Brown, H.              Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport

Printed Page 2084 . . . . . Saturday, March 18, 2000

Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hayes
Hinson                 Huggins                Keegan
Kelley                 Kirsh                  Koon
Lanford                Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 McKay                  McLeod, M.
Meacham-Richardson     Miller                 Neilson
Perry                  Phillips               Rhoad
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Smith, R.              Stille                 Stuart
Taylor                 Townsend               Tripp
Trotter                Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--66

Those who voted in the negative are:

Allen                  Bailey                 Bales
Bowers                 Breeland               Brown, G.
Clyburn                Cobb-Hunter            Delleney
Emory                  Gourdine               Govan
Harris                 Harvin                 Hines, J.
Hines, M.              Hosey                  Howard
Inabinett              Jennings               Kennedy
Lee                    Lloyd                  Lourie
Mack                   Maddox                 McCraw
McLeod, W.             Moody-Lawrence         Neal, J.H.
Neal, J.M.             Parks                  Pinckney
Scott                  Seithel                Sheheen
Smith, F.              Smith, J.              Whipper

Total--39

So, the amendment was tabled.


Printed Page 2085 . . . . . Saturday, March 18, 2000

Rep. RICE proposed the following Amendment No. 646 (Doc Name h-wm\007\tobacco proviso subfund b.doc), which was adopted:
Amend the bill, as and if amended, Part IB, Section 69C, page 543, line 15, by adding an appropriately numbered paragraph to read:
/Of the fund appropriated in the Tobacco Settlement Fund, $1,000 shall be used to establish the tobacco health care trust fund. Fifty percent of the interest accrued may be utilized in fiscal year 2000-2001 on tobacco education and tobacco health care related issues. Fifty percent of the interest accrued will remain in the trust fund.
Renumber sections to conform.
Amend totals and titles to conform.

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

POINT OF ORDER -- PARAGRAPH 69C.1 RULED OUT OF ORDER

Rep. SHEHEEN raised the Point of Order that Paragraph 69C.1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order, ruled Paragraph 69C.1 out of order and ordered it stricken from the Bill.

Section 69C, as amended, was adopted.

SECTION 64--AMENDED AND ADOPTED

Reps. SHEHEEN, DELLENEY, HARRELL and SIMRILL proposed the following Amendment No. 679 (Doc Name council\pt\amend\1966dw00.doc), which was adopted:
Amend the bill, as and if amended, PART IB, Section 64 - R44 - Department of Revenue, page 541, by striking paragraph 64.3 and inserting:
/   64.3.   (DOR: Bingo and Video Poker Revenue) As to revenue derived from the provisions of Chapter 21, Title 12, which is collected from bingo, the Department of Revenue may withhold from the General Fund portion of this revenue the actual costs of bingo audit activity and of criminal record checks pursuant to the evaluation of applications for bingo licenses. As to revenue derived in accordance with S.C. Code Ann. Section 12-21-2720(3) 12-21-2720(A)(3), the Department of Revenue may withhold the actual costs, not to exceed $250,000 per fiscal year, of video game machine audit and regulatory enforcement activity by agents of the Department of Revenue. Any


Printed Page 2086 . . . . . Saturday, March 18, 2000

winnings resulting from these activities must be deposited to the General Fund. The department shall strictly enforce Regulation 117-190 in order to prevent the licensing and operation of large scale video gaming operations. The department shall coordinate with the State Law Enforcement Division in the regulation of video game operations in establishments which are authorized under both Sections 12-21-2720 through 12-21-2808 and Title 61 of the South Carolina Code. The department annually shall make a report to the Governor and General Assembly outlining the collection activities as a result of this proviso. /
Renumber sections to conform.
Amend totals and title to conform.

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

Section 64, as amended, was adopted.

SECTION 72--DEBATE ADJOURNED

Reps. CARNELL and COBB-HUNTER proposed the following Amendment No. 675 (Doc Name h-wm\002\14pharmacy.doc), which was tabled:
Amend the bill, as and if amended, Part IB, Section 72, page 547, paragraph 14, line 6, by inserting:
/Furthermore, no funds may be transferred from the appropriation for pharmaceutical services into the Medicaid hospital services appropriation line./
Renumber sections to conform.
Amend totals and titles to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. QUINN spoke against the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 66; Nays 45

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown, H.              Campsen

Printed Page 2087 . . . . . Saturday, March 18, 2000

Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Easterday              Edge                   Fleming
Frye                   Gamble                 Gilham
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Huggins                Keegan                 Kelley
Kennedy                Kirsh                  Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 McCraw
McGee                  McKay                  Meacham-Richardson
Neilson                Perry                  Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith, R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Walker                 Webb                   Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--66

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown, T.              Clyburn
Cobb-Hunter            Delleney               Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines, J.
Hines, M.              Hosey                  Howard
Inabinett              Jennings               Lee
Lloyd                  Lourie                 Mack
McLeod, M.             McLeod, W.             Miller
Moody-Lawrence         Neal, J.H.             Neal, J.M.
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Scott
Sheheen                Smith, F.              Smith, J.
Whipper                Wilder                 Wilkes

Total--45


Printed Page 2088 . . . . . Saturday, March 18, 2000

So, the amendment was tabled.

Rep. HARRELL moved cloture on the Section, which was agreed to.

Rep. HARRELL moved to adjourn debate on the Section, which was agreed to.

SECTION 73

Section 73 was adopted.

HOUSE TO MEET AT 10:00 A.M. TUESDAY IN STATEWIDE SESSION

Rep. HARRELL moved that when the House adjourns it adjourn to meet at 10:00 a.m. Tuesday in Statewide Session, which was agreed to.

MOTION NOTED

Rep. HARRELL moved to reconsider the vote whereby SECTIONS 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 30, 32, 33, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 47, 48, 49, 50, 51, 53, 54, 55, 56DD,58, 59, 60, 61, 62, 63A, 63B, 63C, 63D, 63E, 63F, 63G, 63H, 64, 67, 69A, 69B, 69C and 73 in Part IB were adopted and the motion was noted.

Further proceedings were interrupted by adjournment the pending question being consideration of Part IB, Section 72, cloture having been ordered on the Section.

ADJOURNMENT

At 4:50 p.m. the House, in accordance with the motion of Rep. HUGGINS, adjourned in memory of Adam Ewing of Chapin, to meet at 10:00 a.m. Tuesday, in Statewide Session.

***

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