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


Printed Page 1201 . . . . . Tuesday, March 16, 1999

Tuesday, March 16, 1999
(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:

Today, Lord, we pray again for a double measure of Your direction and guidance for the demands of the consideration of this new State budget call for a double measure of wisdom and understanding. As we deliberate the numerous aspects of this budget which impacts the lives of so many of Your people--both for now and in the days to come--help us to ask the right questions:

Not "is it expedient?", but "is it equitable?"

Not "is it popular?", but "is it prudent?"

Not "is it impressive?", but "is it important?"

Not "does it look good?", but "does it do good?"

Give us the courage to do what is right in the eyes of God, and the perception to know what is right. 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. HAWKINS moved that when the House adjourns, it adjourn in memory of Annie McAbee of Roebuck, which was agreed to.

HOUSE RESOLUTION

On motion of Rep. COOPER, with unanimous consent, the following was taken up for immediate consideration:

H. 3738 (Word version) - Reps. Cooper, Law, Dantzler, Gourdine and Hinson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO MR. FRANCIS CURREY OF MONCKS CORNER, ON A DATE TO BE


Printed Page 1202 . . . . . Tuesday, March 16, 1999

DETERMINED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE MEDAL OF HONOR FOR HIS HEROISM IN WORLD WAR II AND FOR ADDITIONAL ACCOMPLISHMENTS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to Mr. Francis Currey of Moncks Corner, on a date and at a time to be determined by the Speaker of the House of Representatives, for the purpose of being recognized for winning the Medal of Honor for his heroism in World War II and for additional accomplishments.

The Resolution was adopted.

INTRODUCTION OF BILLS

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

H. 3739 (Word version) -- Reps. Sharpe, Bailey, Clyburn, Cotty, Emory, Hamilton, J. Hines, Koon, Leach, Maddox, Mason, McGee, Neal, Rhoad, Simrill, R. Smith, Vaughn and Wilder: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PROPERTY CLASSIFICATIONS FOR TAX PURPOSES MUST BE EQUAL AND UNIFORM, ASSESSMENT RATIOS, ROLL-BACK TAXES, AND PROCEDURES FOR CLAIMING CERTAIN CLASSIFICATIONS, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT IF A CHANGE IN OWNERSHIP OCCURS AND THE NEW OWNER DOES NOT QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO, THE SIX PERCENT ASSESSMENT RATIO SHALL APPLY TO THE PROPERTY ONLY FOR THE PORTION OF THE TAX YEAR IN WHICH THE PROPERTY IS OWNED BY THE NEW OWNER, AND DELETE THE PROVISION THAT REQUIRES THAT, FOR THE PORTION OF THE TAX YEAR IN WHICH THE PERSON QUALIFYING FOR THE FOUR PERCENT ASSESSMENT RATIO OWNED THE PROPERTY, THE FOUR PERCENT ASSESSMENT RATIO SHALL APPLY; TO AMEND ARTICLE 3, CHAPTER 43 OF TITLE 12, RELATING TO PROPERTY TAXES, COUNTY EQUALIZATION


Printed Page 1203 . . . . . Tuesday, March 16, 1999

AND REASSESSMENT, AND UNIFORM ASSESSMENT RATIOS, BY ADDING SECTION 12-43-222, SO AS TO PROVIDE THAT REVENUE RULINGS BY THE DEPARTMENT OF REVENUE WHICH HAVE THE EFFECT OF INCREASING THE AD VALOREM PROPERTY TAXES FOR ANY OF THE STATE'S PROPERTY OWNERS BY CHANGING THE PROPERTY'S CLASSIFICATION DURING THE TAX YEAR OR BY DENYING EXEMPTIONS ARE NULL AND VOID AND OF NO EFFECT, AND BY ADDING SECTION 12-43-223, SO AS TO REQUIRE THE OFFICE OF THE COMPTROLLER GENERAL TO ISSUE A STATEMENT OF THE EFFECT OF ALL PROPOSED LEGISLATION AND ALL PROPOSED REVENUE RULINGS AND REGULATIONS OF THE DEPARTMENT OF REVENUE UPON THE ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF PROPERTY TAX LAWS BY THE COUNTY AUDITORS, TREASURERS, AND TAX COLLECTORS; AND TO REPEAL SUBSECTION B OF SECTION 60 OF PART II OF ACT 419 OF 1998, RELATING TO THE PROVISION THAT THE TIME BY WHICH THE WRITTEN NOTICE OF OBJECTION TO THE ASSESSMENT RATIO USED FOR THE ASSESSMENT OF PROPERTY TAXES FOR THE 1997 TAX YEAR IS EXTENDED FOR CERTAIN DEFINED TAXPAYERS AND CERTAIN PROPERTY INVOLVED IN A CHANGE OF OWNERSHIP AND RELATING FURTHER TO THE REQUIREMENT THAT THE DEPARTMENT OF REVENUE PLACE A NOTICE IN NEWSPAPERS OF GENERAL CIRCULATION NOTIFYING TAXPAYERS OF THIS EXTENSION OF TIME AND THE REQUIREMENT THAT THE DEPARTMENT OF REVENUE PROVIDE WRITTEN NOTIFICATION TO EACH COUNTY ASSESSOR AND COUNTY AUDITOR OF THE EXTENSION.
Referred to Committee on Ways and Means

H. 3740 (Word version) -- Reps. Meacham, Seithel, Howard, Allison, Battle, Mack, Martin, M. McLeod, Neal, Rodgers, Whipper, Wilkes and Young-Brickell: A BILL TO AMEND ARTICLE 1, CHAPTER 71 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING SECTION 38-71-280 SO AS TO REQUIRE THAT EVERY ENTITY PROVIDING A HEALTH BENEFIT PLAN THAT PROVIDES COVERAGE FOR PRESCRIPTION DRUGS OR DEVICES SHALL NOT EXCLUDE OR RESTRICT COVERAGE


Printed Page 1204 . . . . . Tuesday, March 16, 1999

FOR PRESCRIPTION CONTRACEPTIVE DRUGS OR DEVICES, TO REQUIRE THAT EVERY ENTITY PROVIDING A HEALTH BENEFIT PLAN THAT PROVIDES COVERAGE FOR OUTPATIENT SERVICES PROVIDED BY A HEALTH CARE PROFESSIONAL SHALL NOT EXCLUDE OR RESTRICT COVERAGE FOR OUTPATIENT CONTRACEPTIVE SERVICES, AND TO PROVIDE FOR INCIDENTAL AND RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry

H. 3741 (Word version) -- Reps. Sharpe, Wilkes and Davenport: A BILL TO AMEND CHAPTER 2 OF TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES ENVIRONMENTAL EMERGENCIES, REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A TWO HUNDRED FIFTY THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO AMEND SECTION 58-5-720 RELATING TO THE FILING OF BONDS OF CERTIFICATES OF DEPOSIT BEFORE APPROVAL OF CONSTRUCTION OR OTHER WORK ON WATER OR SEWER SYSTEMS SO AS TO INCREASE THE AMOUNT OF THE BOND FROM A MINIMUM OF TEN THOUSAND DOLLARS TO TWENTY-FIVE THOUSAND DOLLARS AND A MAXIMUM OF FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED ENVIRONMENTAL PROTECTION FUND; TO RENAME CHAPTER 2 OF TITLE 48, AS ENVIRONMENTAL PROTECTION FUNDS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

H. 3742 (Word version) -- Rep. Phillips: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON MARCH 9, 1999, BY THE STUDENTS OF THE CHEROKEE COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE


Printed Page 1205 . . . . . Tuesday, March 16, 1999

CLOSED DUE TO SNOW IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. PHILLIPS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3743 (Word version) -- Rep. Simrill: A BILL TO AMEND ARTICLE 5, CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET AND CONTROL BOARD AND INSURANCE FOR STATE EMPLOYEES AND RETIREES, BY ADDING SECTION 1-11-760 SO AS TO PROVIDE THAT BENEFITS FOR MEDICAL OR HOSPITAL EXPENSES AND COVERAGE FOR PROSTHESES SHALL INCLUDE COVERAGE FOR "SCALP-HAIR PROSTHESES", AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Ways and Means

H. 3744 (Word version) -- Reps. Rutherford, Canty, Breeland, Maddox, Knotts, Clyburn, Allen, Whipper and Harvin: A BILL TO AMEND SECTION 9-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIREMENT AGE AND RETIREMENT ALLOWANCES UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE OBSOLETE PROVISIONS AND OVER FIVE FISCAL YEARS REDUCE FROM TWENTY-FIVE TO TWENTY YEARS THE REQUIRED CREDITED SERVICE OF A MEMBER OF SUCH SYSTEM TO ELECT SERVICE RETIREMENT AT ANY AGE, TO REQUIRE THE STATE BUDGET AND CONTROL BOARD TO INCREASE EMPLOYER OR EMPLOYEE CONTRIBUTIONS, OR BOTH, TO PAY THE ACTUARIAL COST OF THE EARLY RETIREMENT, AND TO REPEAL SECTION 9-11-70, RELATING TO ALL OBSOLETE RETIREMENT PROVISIONS.
Referred to Committee on Ways and Means

H. 3745 (Word version) -- Reps. Campsen, Altman, Barrett, Barfield, Cato, Cooper, Davenport, Delleney, Easterday, Edge, Emory, Gilham, Govan, Hamilton, Harrison, Haskins, Inabinett, Kelley, Leach, Littlejohn, Loftis, McCraw, McMahand, Neal, Phillips, Pinckney, Sandifer, Sharpe, Simrill, J. Smith, Stille, Tripp, Vaughn, Wilkins and Witherspoon: A BILL TO AMEND CHAPTER 1, TITLE 20, CODE


Printed Page 1206 . . . . . Tuesday, March 16, 1999

OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE, BY ADDING ARTICLE 7 SO AS TO PROVIDE FOR THE "SOUTH CAROLINA FAMILY RESPECT ACT", TO PROVIDE THE LANGUAGE OF THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET, AND TO PROVIDE TO WHOM THE PAMPHLET SHALL BE DISTRIBUTED; TO AMEND CHAPTER 3, TITLE 53, RELATING TO THE CELEBRATION OF SPECIAL DAYS, SO AS TO PROVIDE FOR A FAMILY RESPECT DAY AND TO PROVIDE THE DAY IS OBSERVED IN THE PUBLIC HIGH SCHOOLS; TO AMEND SECTION 20-1-240, RELATING TO INFORMATION GIVEN TO MARRIAGE APPLICANTS, SO AS TO PROVIDE THE SOUTH CAROLINA FAMILY RESPECT PAMPHLET IS DISTRIBUTED TO APPLICANTS; TO AMEND SECTION 44-63-80, AS AMENDED, RELATING TO THE ISSUANCE OF CERTIFIED COPIES OF BIRTH CERTIFICATES, SO AS TO PROVIDE THE FAMILY RESPECT PAMPHLET IS INCLUDED WITH EACH CERTIFIED COPY OF THE BIRTH CERTIFICATE; AND TO AMEND SECTION 44-122-40, RELATING TO THE OPERATION OF COUNTY FUNDED ADOLESCENT PREGNANCY PREVENTION INITIATIVES, SO AS TO PROVIDE FOR THE DISTRIBUTION AND DISCUSSION OF THE FAMILY RESPECT PAMPHLET WITH ADOLESCENTS INVOLVED IN THE INITIATIVES.
Referred to Committee on Judiciary

ROLL CALL

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

Allen                  Allison                Altman
Bailey                 Bales                  Barfield
Barrett                Battle                 Bauer
Beck                   Breeland               Brown H.
Brown J.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Emory                  Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harrison               Harvin
Hawkins                Hayes                  Hines J.
Hinson                 Howard                 Inabinett

Printed Page 1207 . . . . . Tuesday, March 16, 1999

Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Lanford                Leach                  Lee
Limehouse              Littlejohn             Lloyd
Loftis                 Lourie                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Ott                    Parks                  Phillips
Rhoad                  Rice                   Riser
Robinson               Sandifer               Sharpe
Sheheen                Simrill                Smith D.
Smith J.               Smith R.               Stille
Taylor                 Townsend               Trotter
Vaughn                 Walker                 Webb
Whatley                Whipper                Wilder
Wilkins                Witherspoon            Woodrum

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Tuesday, March 16.

Harry Askins                      William Bowers
Ralph Canty                       Gilda Cobb-Hunter
Ralph Davenport                   Fletcher Smith
Ronald Fleming                    Grady Brown
Anthony Harris                    Terry Haskins
James Law                         Douglas Jennings
Larry Koon                        Joseph Neal
Denny Neilson                     Clementa Pinckney
Richard Quinn                     Edith Rodgers
Todd Rutherford                   John Scott
Lynn Seithel                      Elsie Stuart
Theodore Brown                    Daniel Tripp
Timothy Wilkes                    Annette Young-Brickell

Total Present--119


Printed Page 1208 . . . . . Tuesday, March 16, 1999

LEAVE OF ABSENCE

The SPEAKER granted Rep. FLEMING a temporary leave of absence due to appearing in Federal Court.

DOCTOR OF THE DAY

Announcement was made that Dr. Ozzie Mikell of Beaufort is the Doctor of the Day for the General Assembly.

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."

CO-SPONSOR ADDED

Bill Number:   H. 3595 (Word version)
Date:     ADD:
03/16/99   J. HINES

CO-SPONSOR ADDED

Bill Number:   H. 3135 (Word version)
Date:     ADD:
03/16/99   DELLENEY

CO-SPONSOR ADDED

Bill Number:   H. 3726 (Word version)
Date:     ADD:
03/16/99   RHOAD


Printed Page 1209 . . . . . Tuesday, March 16, 1999

SENT TO THE SENATE

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

H. 3029 (Word version) -- Rep. Mason: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 75 SO AS TO PROVIDE FOR THE REGULATION OF THE SALE OF REGROOVED AND REGROOVABLE TIRES.

H. 3710 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO COMMERCIAL MOBILE RADIO SYSTEM SURCHARGE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2376, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3712 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO GOVERNMENT RESTRUCTURING AMENDMENTS AND RECERTIFICATION OF EXISTING BUILDINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2384, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 3725 (Word version) -- Reps. Breeland, Altman, Bailey, Campsen, Chellis, Dantzler, Gourdine, Harrell, Hinson, Inabinett, Limehouse, Mack, Whatley, Whipper and Young-Brickell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO EXTEND THE DOWNSTREAM ASHLEY RIVER SCENIC RIVER DESIGNATION TO THE HIGHWAY 526 BRIDGE.


Printed Page 1210 . . . . . Tuesday, March 16, 1999

H. 3696 - AMENDED AND INTERRUPTED DEBATE

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

H. 3696 -- GENERAL APPROPRIATION BILL

PART IA

SECTION 3

Section 3 was adopted.

SECTION 5A -- AMENDED AND ADOPTED

Reps. WILKINS, HASKINS, HAMILTON, CATO, LEACH and MCMAHAND proposed the following Amendment No. 79 (Doc Name housedesk\h-wm\007\mcallister.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section H03, CHE, page 29, line 15, opposite /Rent - McAllister Square/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

498,000   498,000

(0)   (0)
Renumber sections to conform.
Amend totals and title to conform.

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

Section 5A as amended was adopted.

SECTION 5B -- DEBATE ADJOURNED

Rep. KEEGAN explained the Section.
Rep. H. BROWN explained the Section.
Rep. SHEHEEN moved to adjourn debate on the Section, which was agreed to.

SECTION 8

Section 8 was adopted.

SECTION 13

Section 13 was adopted.


Printed Page 1211 . . . . . Tuesday, March 16, 1999

SECTION 14 -- DEBATE ADJOURNED

Rep. MOODY-LAWRENCE moved to adjourn debate on the Section, which was agreed to.

SECTION 17 -- AMENDED AND ADOPTED

Rep. RODGERS proposed the following Amendment No. 10 (Doc Name housedesk\h-wm\007\library5.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section H87, STATE LIBRARY, page 173, line 20, opposite /Aid CNTY - Libraries/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

417,000   417,000

(0)   (0)
Renumber sections to conform.
Amend totals and title to conform.

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

SPEAKER PRO TEMPORE IN CHAIR

Section 17 as amended was adopted.

SECTION 26

Section 26 was adopted.

SECTION 27 -- ADOPTED

Rep. KIRSH proposed the following Amendment No. 111 (Doc Name housedesk\h-wm\004\dspoleto.doc), which was ruled out of order.
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 224, lines 19-20, opposite /Spoleto by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

300,000   300,000

(0)   (0)
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.


Printed Page 1212 . . . . . Tuesday, March 16, 1999

POINT OF ORDER

Rep. H. BROWN raised a Point of Order that Amendment No. 111 was out of order in that it was identical to a previous amendment that had been ruled out of order.
Rep. KIRSH argued contra.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.

Rep. CATO proposed the following Amendment No. 117 (Doc Name housedesk\h-wm\004\split.doc), which was tabled.
Amend the bill, as and if amended, Part IA, Section 27, DEPARTMENT OF COMMERCE, page 224, lines 19-20, opposite /Regional Program Development/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

150,000   150,000
Amend the bill further, as and if amended, page 224, immediately after line 20, by inserting a new line to read:

Column 5   Column 6
Freedom Weekend
Aloft   150,000   150,000
Renumber sections to conform.
Amend totals and title to conform.

Rep. CATO explained the amendment.
Rep. KOON spoke against the amendment.
Rep. KOON moved to table the amendment.

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

Yeas 64; Nays 33

Those who voted in the affirmative are:

Bailey                 Barfield               Battle
Bauer                  Beck                   Breeland
Brown H.               Brown J.               Campsen
Carnell                Chellis                Clyburn
Cobb-Hunter            Cotty                  Dantzler
Delleney               Edge                   Emory


Printed Page 1213 . . . . . Tuesday, March 16, 1999

Govan                  Hamilton               Harrell
Harris                 Harrison               Harvin
Hawkins                Hines J.               Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Knotts
Koon                   Leach                  Limehouse
Lloyd                  Lourie                 Lucas
Mack                   McCraw                 McLeod M.
McLeod W.              Moody-Lawrence         Ott
Phillips               Quinn                  Rhoad
Riser                  Rodgers                Scott
Seithel                Sharpe                 Sheheen
Smith J.               Smith R.               Webb
Whatley                Whipper                Wilder
Wilkes                 Witherspoon            Woodrum
Young-Brickell

Total--64

Those who voted in the negative are:

Allen                  Bales                  Barrett
Bowers                 Cato                   Easterday
Gamble                 Gilham                 Haskins
Hayes                  Kirsh                  Klauber
Lee                    Littlejohn             Loftis
Maddox                 Martin                 Mason
Meacham                Parks                  Rice
Robinson               Sandifer               Simrill
Smith D.               Smith F.               Stille
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Walker

Total--33

So, the amendment was tabled.

Section 27 was adopted.

SECTION 54A

Section 54A was adopted.


Printed Page 1214 . . . . . Tuesday, March 16, 1999

SECTION 54B -- AMENDED AND ADOPTED

Rep. KNOTTS proposed the following Amendment No. 106 (Doc Name housedesk\h-wm\010\knotts7.doc), which was rejected.
Amend the bill, as and if amended, Part IA, Section 54B, LEGISLATIVE DEPARTMENT- HOUSE OF REPRESENTATIVES, page 305, line 32, opposite /Legislative/Constitution/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

541,125   541,125
Amend further, as and if amended, Part IA, Section 54B, LEGISLATIVE DEPARTMENT- HOUSE OF REPRESENTATIVES, page 306, line 18, opposite /employer contributions/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

54,113   54,113
Renumber sections to conform.
Amend totals and title to conform.

Rep. KNOTTS explained the amendment.
Rep. WITHERSPOON moved to table the amendment.

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

Yeas 49; Nays 56

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Bauer
Brown H.               Brown J.               Campsen
Carnell                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Gilham                 Harrell                Hinson
Keegan                 Kelley                 Kirsh
Law                    Limehouse              Loftis
Lucas                  McCraw                 Quinn
Rhoad                  Rice                   Robinson
Rodgers                Sandifer               Sharpe
Sheheen                Simrill                Smith D.
Smith R.               Trotter                Vaughn
Walker                 Wilder                 Wilkes

Printed Page 1215 . . . . . Tuesday, March 16, 1999

Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--49

Those who voted in the negative are:

Allen                  Bailey                 Battle
Beck                   Bowers                 Breeland
Clyburn                Cobb-Hunter            Davenport
Emory                  Gamble                 Gourdine
Govan                  Hamilton               Harris
Harvin                 Haskins                Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Klauber
Knotts                 Koon                   Lanford
Leach                  Lee                    Littlejohn
Lloyd                  Lourie                 Mack
Martin                 Mason                  McGee
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Ott                    Parks                  Phillips
Pinckney               Riser                  Scott
Seithel                Smith J.               Stille
Taylor                 Tripp                  Webb
Whatley                Whipper

Total--56

So, the House refused to table the amendment.

Rep. KELLEY spoke against the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. KNOTTS spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. ROBINSON spoke against the amendment.
Rep. KELLEY spoke against the amendment.
Rep. HOWARD spoke in favor of the amendment.


Printed Page 1216 . . . . . Tuesday, March 16, 1999

The question then recurred to the adoption of the amendment.

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

Yeas 36; Nays 70

Those who voted in the affirmative are:

Allen                  Battle                 Bauer
Bowers                 Breeland               Cobb-Hunter
Davenport              Gamble                 Gourdine
Govan                  Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Knotts
Lanford                Lee                    Lloyd
Mack                   Martin                 McGee
McLeod W.              Moody-Lawrence         Ott
Parks                  Pinckney               Rhoad
Rutherford             Scott                  Seithel
Smith F.               Townsend               Whatley

Total--36

Those who voted in the negative are:

Allison                Altman                 Barrett
Beck                   Brown G.               Brown H.
Brown J.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Emory                  Gilham                 Hamilton
Harrell                Harris                 Haskins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Koon
Law                    Leach                  Littlejohn
Loftis                 Lourie                 Lucas
Maddox                 Mason                  McCraw
McMahand               Meacham                Miller
Neilson                Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Sheheen                Simrill                Smith D.

Printed Page 1217 . . . . . Tuesday, March 16, 1999

Smith J.               Smith R.               Stille
Taylor                 Tripp                  Trotter
Vaughn                 Walker                 Webb
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--70

So, the amendment was rejected.

Rep. KNOTTS proposed the following Amendment No. 125 (Doc Name housedesk\h-wm\010\knotts5.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 54B, LEG. DEPT.-HOUSE OF REPRESENTATIVES, page 305, line 32, by striking /Legislative/constitution/ and inserting /legislative/constituent services/.
Renumber sections to conform.
Amend totals and title to conform.

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

Section 54B as amended was adopted.

SECTION 54H

Section 54H was adopted.

LEAVE OF ABSENCE

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

SECTION 55

Section 55 was adopted.

SECTION 56B

Rep. YOUNG-BRICKELL explained the Section.
Section 56B was adopted.


Printed Page 1218 . . . . . Tuesday, March 16, 1999

SECTION 56C -- ADOPTED

Rep. VAUGHN proposed the following Amendment No. 15 (Doc Name housedesk\h-wm\\gdcow.doc), which was tabled.
Amend the bill, as and if amended, Part IA, Section 56 C, GOVERNOR'S OFFICE, page 0326, lines 01-14 by striking these lines in its entirety:
Renumber sections to conform.
Amend totals and title to conform.

Rep. VAUGHN explained the amendment.
Rep. MEACHAM spoke in favor of the amendment.
Rep. MOODY-LAWRENCE spoke against the amendment.
Rep. MASON spoke in favor of the amendment.
Rep. JENNINGS spoke against the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.

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

Yeas 93; Nays 13

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Bales                  Barfield               Barrett
Battle                 Bauer                  Bowers
Breeland               Brown G.               Carnell
Chellis                Clyburn                Cobb-Hunter
Cotty                  Dantzler               Davenport
Delleney               Edge                   Emory
Gamble                 Gilham                 Gourdine
Govan                  Harrell                Harris
Harrison               Harvin                 Hawkins
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Lanford                Law                    Lee
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Maddox
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Meacham

Printed Page 1219 . . . . . Tuesday, March 16, 1999

Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rice
Riser                  Robinson               Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith F.
Smith J.               Smith R.               Stille
Taylor                 Townsend               Trotter
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Young-Brickell

Total--93

Those who voted in the negative are:

Altman                 Beck                   Campsen
Cato                   Hamilton               Haskins
Koon                   Leach                  Loftis
Martin                 Mason                  Tripp
Vaughn

Total--13

So, the amendment was tabled.

Section 56C was adopted.

SECTION 63A -- DEBATE ADJOURNED

Rep. J. SMITH proposed the following Amendment No. 21 (Doc Name housedesk\h-wm\010\cityyr1.doc):
Amend the bill, as and if amended, Part IA, Section 63A, B&CB - DIVISION OF EXECUTIVE DIRECTOR, page 343, immediately after line 18, by inserting a new line to read:

Column 5   Column 6
City Year   60,000   60,000

(0)   (0)
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. SMITH explained the amendment.


Printed Page 1220 . . . . . Tuesday, March 16, 1999

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

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

SECTION 67

Section 67 was adopted.

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

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

PART IB

SECTION 5A -- ADOPTED

Rep. KIRSH proposed the following Amendment No. 70 (Doc Name housedesk\h-wm\011\cheselfspt.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 5A, Commission on Higher Education, page 413, paragraph 11, line 9, by inserting after "institutions":
/ and that the partnership is self-supporting within a three-year period /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. KEEGAN moved to table the amendment.
The amendment was then tabled by a division vote of 48 to 24.

Rep. KEEGAN explained the Section.

Rep. STILLE proposed the following Amendment No. 38 (Doc Name housedesk\h-wm\003\hecpi.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section H03, Commission on Higher Education, page 415, paragraph 21, line 21, by striking:/more than the previous year's Higher Education Price Index.//
Renumber sections to conform.
Amend totals and title to conform.

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


Printed Page 1221 . . . . . Tuesday, March 16, 1999

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

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

Yeas 51; Nays 47

Those who voted in the affirmative are:

Allison                Altman                 Barrett
Bauer                  Beck                   Brown G.
Brown H.               Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Emory                  Gilham
Hamilton               Harrell                Harrison
Harvin                 Hinson                 Keegan
Kelley                 Knotts                 Koon
Law                    Leach                  Limehouse
Lourie                 Lucas                  McCraw
McGee                  Moody-Lawrence         Neilson
Phillips               Quinn                  Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Smith F.
Smith J.               Smith R.               Trotter
Webb                   Whatley                Whipper
Wilkins                Woodrum                Young-Brickell

Total--51

Those who voted in the negative are:

Askins                 Bales                  Battle
Bowers                 Breeland               Brown J.
Clyburn                Cobb-Hunter            Davenport
Delleney               Easterday              Gourdine
Govan                  Harris                 Haskins
Hawkins                Hayes                  Hines J.
Howard                 Inabinett              Jennings
Kennedy                Kirsh                  Klauber
Lanford                Lee                    Littlejohn
Lloyd                  Mack                   Martin
Mason                  McLeod W.              McMahand

Printed Page 1222 . . . . . Tuesday, March 16, 1999

Meacham                Miller                 Parks
Rhoad                  Rice                   Rutherford
Sheheen                Simrill                Stille
Taylor                 Townsend               Walker
Wilder                 Wilkes

Total--47

So, the amendment was tabled.

H.3696-GENERAL APPROPRIATION BILL
STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 5A, Amendment No. 38.

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). I am an employee of USC.

Rep. MARGARET GAMBLE

Section 5A was adopted.

SECTION 5L -- AMENDED AND DEBATE ADJOURNED

Rep. STILLE proposed the following Amendment No. 42 (Doc Name housedesk\h-wm\003\wincutp.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section H 47, Winthrop University, page 417, paragraph 1, lines 9-11, by striking:/strike paragraph 1. (Win: Capacity Utilization Tuition Policy) in its entirety)//
Renumber sections to conform.
Amend totals and title to conform.

Rep. STILLE explained the amendment.


Printed Page 1223 . . . . . Tuesday, March 16, 1999

SPEAKER PRO TEMPORE IN CHAIR

Rep. STILLE continued speaking.
Rep. KEEGAN spoke against the amendment.
Rep. MEACHAM spoke in favor of the amendment.

SPEAKER IN CHAIR

Rep. KIRSH spoke against the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to table the amendment.

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

Yeas 75; Nays 28

Those who voted in the affirmative are:

Askins                 Bailey                 Bales
Barfield               Battle                 Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown J.
Campsen                Canty                  Chellis
Clyburn                Cobb-Hunter            Cooper
Dantzler               Davenport              Delleney
Easterday              Emory                  Gamble
Gourdine               Govan                  Harrell
Harrison               Harvin                 Hawkins
Hines J.               Howard                 Inabinett
Jennings               Keegan                 Kelley
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Lloyd
Lourie                 Lucas                  Mack
McCraw                 McGee                  McLeod W.
McMahand               Meacham                Moody-Lawrence
Neilson                Parks                  Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rutherford
Sandifer               Seithel                Sharpe
Simrill                Smith F.               Smith R.
Tripp                  Trotter                Webb

Printed Page 1224 . . . . . Tuesday, March 16, 1999

Whipper                Wilkins                Young-Brickell

Total--75

Those who voted in the negative are:

Allison                Barrett                Carnell
Cato                   Cotty                  Gilham
Harris                 Hayes                  Kennedy
Kirsh                  Littlejohn             Loftis
Martin                 Mason                  Miller
Ott                    Phillips               Rodgers
Sheheen                Smith J.               Stille
Taylor                 Townsend               Vaughn
Walker                 Wilder                 Wilkes
Woodrum

Total--28

So, the amendment was tabled.

Rep. KIRSH proposed the following Amendment No. 103 (Doc Name housedesk\h-wm\011\winrecipcl.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 5L, Winthrop University, page 417, paragraph 1, line 11, by inserting after "students":
/ and that schools in the member counties of the Carolina Partnership for Economic Development have a signed reciprocal agreement with Winthrop University/
Renumber sections to conform.
Amend totals and title to conform.

POINT OF ORDER

Rep. MEACHAM raised a Point of Order that Amendment No. 103 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.

POINT OF ORDER

Rep. SHEHEEN raised a Point of Order that Section 5L was out of order in that it was not germane to the Bill under Rule 5.3.
SPEAKER WILKINS overruled the Point of Order.

Rep. KIRSH explained the amendment.


Printed Page 1225 . . . . . Tuesday, March 16, 1999

Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken, resulting as follows:

Yeas 80; Nays 23

Those who voted in the affirmative are:

Askins                 Bailey                 Bales
Barfield               Battle                 Bauer
Beck                   Breeland               Brown G.
Brown H.               Brown J.               Campsen
Canty                  Chellis                Clyburn
Cobb-Hunter            Cotty                  Dantzler
Davenport              Delleney               Edge
Emory                  Gamble                 Gilham
Gourdine               Harrell                Harris
Harrison               Haskins                Hawkins
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Lloyd                  Lourie                 Lucas
Mack                   McCraw                 McGee
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Quinn                  Rhoad                  Riser
Robinson               Rutherford             Sandifer
Scott                  Sharpe                 Simrill
Smith D.               Smith F.               Smith J.
Smith R.               Tripp                  Webb
Whatley                Whipper                Wilkes
Wilkins                Young-Brickell

Total--80

Those who voted in the negative are:

Allen                  Allison                Barrett
Bowers                 Carnell                Cato
Cooper                 Kirsh                  Klauber

Printed Page 1226 . . . . . Tuesday, March 16, 1999

Littlejohn             Loftis                 Mason
Phillips               Rice                   Rodgers
Sheheen                Stille                 Taylor
Townsend               Vaughn                 Walker
Wilder                 Woodrum

Total--23

So, the amendment was tabled.

Reps. MEACHAM and SIMRILL propose the following Amendment No. 197 (Doc Name housedesk\h-wm\007\winthrop.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 5L, Winthrop, page 417, paragraph 1, line 11, by adding at the end before the period: /and no qualified South Carolina graduate student will lose a position in a class due to a North Carolina student./
Renumber sections to conform.
Amend totals and title to conform.

Rep. MEACHAM explained the amendment.
Rep. SCOTT moved to table the amendment.

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

Yeas 9; Nays 80

Those who voted in the affirmative are:

Bales                  Davenport              Kirsh
Lloyd                  Rhoad                  Rutherford
Scott                  Sharpe                 Wilder

Total--9

Those who voted in the negative are:

Allison                Askins                 Bailey
Barfield               Barrett                Battle
Bauer                  Beck                   Breeland
Brown H.               Brown J.               Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler

Printed Page 1227 . . . . . Tuesday, March 16, 1999

Delleney               Easterday              Edge
Emory                  Gamble                 Gilham
Gourdine               Govan                  Harrell
Harris                 Harrison               Haskins
Hawkins                Hayes                  Hines J.
Hinson                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Littlejohn
Lourie                 Lucas                  Mack
Mason                  McCraw                 McGee
McLeod W.              McMahand               Meacham
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Simrill
Smith J.               Smith R.               Taylor
Townsend               Trotter                Vaughn
Webb                   Wilkes                 Wilkins
Woodrum                Young-Brickell

Total--80

So, the House refused to table the amendment.

The amendment was then adopted.

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

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

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

THE HOUSE RESUMES

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


Printed Page 1228 . . . . . Tuesday, March 16, 1999

POINT OF QUORUM

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

H. 3696 - AMENDED AND INTERRUPTED DEBATE

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

H. 3696 -- GENERAL APPROPRIATION BILL

PART IB

SECTION 6

Section 6 was adopted.

SECTION 9

Section 9 was adopted.

SECTION 11

Section 11 was adopted.

SECTION 13 -- AMENDED AND ADOPTED

Rep. LANFORD proposed the following Amendment No. 164 (Doc Name housedesk\h-wm\009\bng3.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 13, DSS, page 441, paragraph new, line 5, by adding an appropriately numbered paragraph to read:
/of the funds appropriated for boys and girls clubs, $50,000 shall be made available to the Boys and Girls Clubs of South Carolina for a pilot project to increase scholastic aptitude and reduce juvenile delinquency through expanded supervised tutoring by volunteers at clubs. Also, these funds must be matched with $100,000 in private funds for these activities at Boys and Girls Clubs./
Renumber sections to conform.
Amend totals and title to conform.

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


Printed Page 1229 . . . . . Tuesday, March 16, 1999

Rep. FLEMING proposed the following Amendment No. 207 (Doc Name housedesk\council\dka\amend\3308sd99.doc), which was ruled out of order.
Amend the bill, as and if amended, Section 13 - L04 - Department of Social Services, Part IB, page 441, by inserting after line 4:

/ 24.   For purposes of qualifying for Medicaid in this State, a person's income must be at one hundred fifty percent of the poverty level or below. The Department of Social Services shall expend existing funds during fiscal year 1999-2000 to provide the additional benefits authorized by this paragraph. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. LANFORD raised a Point of Order that Amendment No. 207 was out of order in that it violated Rule 5.3B because it appropriated funds in excess of 10 million dollars and did not identify the corresponding appropriation reduction.
Rep. FLEMING stated that the amendment contained no dollar figures and only attempted to raise the poverty level from 100 to 150%.
Rep. QUINN stated that the amendment attempted to increase the poverty level for medicaid recipients which in turn would increase the number of people eligible for Medicaid and that it appropriated funds in excess of 10 million dollars.
SPEAKER WILKINS stated that the amendment had the effect of appropriating funds in excess of ten million dollars and therefore was required to show corresponding appropriation reductions and/or increases within the same section. He sustained the Point of Order and ruled the amendment out of order.

Section 13 as amended was adopted.

SECTION 14 -- AMENDED AND DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 68 (Doc Name housedesk\h-wm\009\bvendhk.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 14, Commission for the Blind, page 441, paragraph 3, lines 14-36, and page 442 lines 1-15, by striking the proviso in its entirety.


Printed Page 1230 . . . . . Tuesday, March 16, 1999

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

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

Rep. KIRSH proposed the following Amendment No. 69 (Doc Name housedesk\h-wm\009\bvendhk2.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 14, Commission for the Blind, page 441, paragraph 3, lines 23-29, by striking
/ 0             9,999         .5%
10,000           19,999         15%
20,000           29,999         17.5%
30,000           39,999         20%
40,000           49,999         25%
50,000           59,999         30%
60,000           Above         35%/
and inserting
/0           39,999         0 %
40,000         49,999         10%
50,000         59,999         12.5%
60,000         Above         15%/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH moved to table the amendment, which was agreed to.
Rep. MOODY-LAWRENCE moved to adjourn debate on the Section, which was agreed to.

SECTION 24

Section 24 was adopted.

SECTION 26

Section 26 was adopted.

SECTION 27 -- ADOPTED

Rep. VAUGHN proposed the following Amendment No. 26 (Doc Name housedesk\h-wm\004\spolaudt.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 27, Dept. of Commerce, page 451, after paragraph 16, line 15, by inserting:


Printed Page 1231 . . . . . Tuesday, March 16, 1999

/Of the funds appropriated to the Agency for the Spoleto Festival, up to $10,000 must be used to provide an annual audit and such audit shall be performed under contract as directed by the State Auditor. The funds may be transferred to the State Auditor's Office for this purpose. The audit results must be sent annually to the Governor, the House Ways & Means Committee and Senate Finance Committee./
Renumber sections to conform.
Amend totals and title to conform.

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

Section 27 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 35 -- AMENDED AND ADOPTED

Rep. ROBINSON proposed the following Amendment No. 163 (Doc Name housedesk\h-wm\003\pcr.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 35, Commission on Indigent Defense, page 455, paragraph 4, line 17, by striking /This application fee must not be waived./ and inserting /Any part or all of the application fee may be waived if at the time of hearing the court determines that the applicant does not have the resources to pay the fee./
Amend the bill further, as and if amended, Section 35, Commission on Indigent Defense, page 455, paragraph 4, lines 18-19, by striking: /prior to filing the application for Post Conviction Relief and appointing counsel/
Renumber sections to conform.
Amend totals and title to conform.

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

Section 35 as amended was adopted.

SECTION 36 -- AMENDED AND ADOPTED

Reps. KLAUBER, HAWKINS, TAYLOR, SIMRILL, STILLE,


Printed Page 1232 . . . . . Tuesday, March 16, 1999

COOPER, LOFTIS, KIRSH, LEACH, LIMEHOUSE and BARRETT proposed the following Amendment No. 168 (Doc Name housedesk\h-wm\005\photos2.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 36, Department of Public Safety, page 456, paragraph 6, lines 24-27, by striking: /The department may enter into contracts to provide copies of photography, electronically stored information, stored photographs or digitized images. Such photographs, electronically stored information or digitized images are to be used for the prevention of fraud, and use is limited to the verification to identify the holders of credit cards, debit cards or other forms of financial or voter transactions./
and inserting: /The Department of Public Safety may not sell, provide or otherwise furnish to private parties, copies of photographs, whether digitized or not, taken for the purpose of a driver's license or personal identification card. Photographs and digitized images from a driver's license or personal identification card are not considered public records./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HAWKINS explained the amendment.
Rep. KLAUBER spoke in favor of the amendment.
The amendment was then adopted.

Reps. KLAUBER, HAWKINS, TAYLOR, SIMRILL, LEACH and LOFTIS proposed the following Amendment No. 169 (Doc Name housedesk\h-wm\005\socialsec.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 36, Department of Public Safety, page 457, line 35, by adding an appropriately numbered paragraph to read:
/ (DPS: Prohibit Sale of Social Security Numbers) The Department of Public Safety may not sell, provide or otherwise furnish social security numbers in its records to private parties./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. KIRSH proposed the following Amendment No. 66 (Doc Name housedesk\h-wm\005\361sevtstc.doc), which was tabled.


Printed Page 1233 . . . . . Tuesday, March 16, 1999

Amend the bill, as and if amended, Part IB, Section 36, Department of Public Safety, page 455, paragraph 1, lines 34-35, and page 456, paragraph 1, lines 1-2, by striking / The Highway Patrol must not charge any fee associated with special events for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the General Assembly. Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety./
and inserting / The Department of Public Safety is authorized to charge a fee associated with providing Highway Patrol officers for special events to maintain traffic control and ensure safety on South Carolina public roads and highways. The department shall negotiate a fee with the entity it proposes to charge but, in no case, shall such fee exceed the actual expenses, including overtime, incurred by the Department of Public Safety for providing such traffic and safety services. The department may not charge any other fee except that authorized herein unless approved by the General Assembly./
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.

LEAVE OF ABSENCE

The SPEAKER granted Rep. SCOTT a leave of absence for the remainder of the day due to a doctor's appointment.

Rep. KIRSH continued speaking.
Rep. YOUNG-BRICKELL spoke against the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment, which was agreed to.

Reps. HAWKINS, SIMRILL, LOFTIS, KLAUBER, STILLE, TAYLOR, RISER and WHATLEY proposed the following Amendment No. 32 (Doc Name KGH\AMEND\15451HTC99), which was tabled.
Amend the bill, as and if amended, in Part IB, Section 36.6, page 456, by striking beginning on line 24:
/ The department may enter into contracts to provide copies of photography, electronically stored information, stored photographs or digitized images. Such photographs, electronically stored information


Printed Page 1234 . . . . . Tuesday, March 16, 1999

or digitized images are to be used for the prevention of fraud, and use is limited to the verification to identify the holders of credit cards, debit cards or other forms of financial or voter transactions./
Renumber sections to conform.
Amend totals and title to conform.

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

Section 36 as amended was adopted.

SECTION 42 -- ADOPTED

Rep. KIRSH proposed the following Amendment No. 64 (Doc Name housedesk\h-wm\005\428busfunds.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 42, Public Service Commission, page 462, paragraph 8, lines 30-35, by striking /$150,000 to the Budget and Control Board, Division of Regional Development, Office of Local Government for the water and sewer infrastructure needs of GW521.252 in Greeleyville, $75,000 to the S.C. State Library for distribution to the Cherokee County Library and $575,000 to the Budget and Control Board, Division of Executive Director for the Town of Summerville for a program that addresses the health and social service needs of families and individuals which includes, but is not limited to, community based health, fitness, aquatics, environmental programs, substance abuse prevention, youth sports and job training as a part of their mission./ and inserting /$800,000 to the Department of Education for new school bus purchases/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. YOUNG-BRICKELL moved to table the amendment.

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

Yeas 65; Nays 37

Those who voted in the affirmative are:

Allison                Altman                 Bauer
Breeland               Brown G.               Brown H.
Campsen                Carnell                Chellis

Printed Page 1235 . . . . . Tuesday, March 16, 1999

Clyburn                Cooper                 Cotty
Dantzler               Davenport              Delleney
Edge                   Emory                  Fleming
Govan                  Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hines J.               Hinson
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Knotts
Koon                   Law                    Limehouse
Lucas                  Mack                   McCraw
McGee                  McLeod M.              McLeod W.
Meacham                Moody-Lawrence         Neilson
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Riser
Sandifer               Seithel                Sharpe
Sheheen                Smith R.               Taylor
Townsend               Trotter                Webb
Whipper                Wilder                 Wilkes
Wilkins                Young-Brickell

Total--65

Those who voted in the negative are:

Askins                 Bales                  Barfield
Barrett                Battle                 Beck
Cato                   Easterday              Gamble
Gilham                 Hayes                  Howard
Kirsh                  Leach                  Lee
Littlejohn             Loftis                 Lourie
Maddox                 Mason                  McMahand
Miller                 Neal                   Rice
Robinson               Rodgers                Rutherford
Simrill                Smith D.               Smith J.
Stille                 Stuart                 Vaughn
Walker                 Whatley                Witherspoon
Woodrum

Total--37

So, the amendment was tabled.


Printed Page 1236 . . . . . Tuesday, March 16, 1999

Section 42 was adopted.

SECTION 54 -- AMENDED AND ADOPTED

Rep. COOPER proposed the following Amendment No. 187 (Doc Name housedesk\h-wm\010\lac1.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 474, paragraph new, line 34, by adding an appropriately numbered paragraph to read:
/(Leg:LAC Funds) Three fourths of all funds of the legislative audit council shall be used to conduct a zero-based budget analysis of all K-12 education programs funded through the State Department of Education. The purpose of the audit should be to determine how much each program contributes to improving student achievement and to rank each program against all other programs. The audit plan must be approved by the Education Oversight Committee. The Legislative Audit Council must annually report on October 1 to the Senate Finance Committee, the Senate Education Committee, the House Ways and Means Committee, the Education and Public Works Committee, the Governor and the State Superintendent of Education./
Renumber sections to conform.
Amend totals and title to conform.

Rep. COOPER explained the amendment.
Rep. MOODY-LAWRENCE moved to table the amendment.

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

Yeas 38; Nays 60

Those who voted in the affirmative are:

Askins                 Battle                 Breeland
Brown J.               Canty                  Carnell
Clyburn                Cobb-Hunter            Cotty
Gamble                 Gourdine               Harris
Harvin                 Hayes                  Hines J.
Inabinett              Jennings               Kennedy
Lloyd                  Lourie                 Lucas
Mack                   McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Ott                    Parks                  Rhoad


Printed Page 1237 . . . . . Tuesday, March 16, 1999

Sharpe                 Smith J.               Stuart
Wilder                 Wilkes

Total--38

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Bauer
Beck                   Brown H.               Campsen
Cato                   Chellis                Cooper
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Knotts
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Maddox                 Mason                  Meacham
Neilson                Quinn                  Rice
Robinson               Rodgers                Sandifer
Simrill                Smith D.               Smith F.
Smith R.               Stille                 Taylor
Townsend               Trotter                Vaughn
Walker                 Webb                   Whatley
Witherspoon            Woodrum                Young-Brickell

Total--60

So, the House refused to table the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 63; Nays 34

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Bauer

Printed Page 1238 . . . . . Tuesday, March 16, 1999

Beck                   Brown H.               Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Fleming
Gilham                 Hamilton               Harrison
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Maddox                 Mason
McCraw                 McGee                  Meacham
Neilson                Rice                   Robinson
Rodgers                Sandifer               Sharpe
Simrill                Smith D.               Smith J.
Smith R.               Stille                 Stuart
Taylor                 Townsend               Trotter
Vaughn                 Webb                   Whatley
Witherspoon            Woodrum                Young-Brickell

Total--63

Those who voted in the negative are:

Askins                 Battle                 Bowers
Breeland               Brown G.               Brown J.
Brown T.               Canty                  Carnell
Clyburn                Cobb-Hunter            Gamble
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Inabinett              Jennings               Kennedy
Lloyd                  Mack                   McLeod M.
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Ott
Parks                  Pinckney               Wilder
Wilkes

Total--34

So, the amendment was adopted.


Printed Page 1239 . . . . . Tuesday, March 16, 1999

Rep. KNOTTS proposed the following Amendment No. 221 (Doc Name housedesk\h-wm\003\legaide.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 54, Legislative Department, page 472, paragraph 29, line 32, by striking /$1,500/ and inserting /$3,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KNOTTS explained the amendment.
Rep. SIMRILL moved to table the amendment.

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

Yeas 35; Nays 64

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Brown H.               Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Gilham
Harrell                Harrison               Hinson
Keegan                 Kelley                 Kirsh
Koon                   Littlejohn             Lucas
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Simrill                Smith R.               Vaughn
Webb                   Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--35

Those who voted in the negative are:

Askins                 Bales                  Battle
Bauer                  Beck                   Bowers
Breeland               Brown G.               Brown T.
Canty                  Carnell                Clyburn
Cobb-Hunter            Davenport              Delleney
Easterday              Edge                   Fleming
Gamble                 Gourdine               Govan
Hamilton               Harris                 Harvin
Haskins                Hayes                  Hines J.

Printed Page 1240 . . . . . Tuesday, March 16, 1999

Howard                 Jennings               Knotts
Law                    Limehouse              Lloyd
Lourie                 Mack                   Maddox
Martin                 Mason                  McGee
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Pinckney               Quinn
Rhoad                  Rutherford             Seithel
Sheheen                Smith J.               Stille
Stuart                 Taylor                 Trotter
Walker                 Whatley                Whipper
Wilkes

Total--64

So, the House refused to table the amendment.

Rep. KELLEY spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 71; Nays 41

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bauer
Beck                   Bowers                 Breeland
Brown G.               Brown J.               Brown T.
Canty                  Carnell                Clyburn
Cobb-Hunter            Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gourdine
Govan                  Hamilton               Harris
Harvin                 Haskins                Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Klauber
Knotts                 Lee                    Lloyd
Lourie                 Mack                   Maddox

Printed Page 1241 . . . . . Tuesday, March 16, 1999

Martin                 Mason                  McGee
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Moody-Lawrence
Neal                   Ott                    Parks
Phillips               Pinckney               Quinn
Rhoad                  Rutherford             Seithel
Sheheen                Smith F.               Smith J.
Stille                 Stuart                 Taylor
Townsend               Walker                 Whatley
Whipper                Wilkes

Total--71

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Brown H.               Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Gilham
Harrell                Harrison               Hinson
Keegan                 Kelley                 Kirsh
Koon                   Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Neilson                Rice
Robinson               Rodgers                Sandifer
Sharpe                 Simrill                Smith D.
Smith R.               Trotter                Vaughn
Webb                   Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--41

So, the amendment was adopted.

Section 54 as amended was adopted.

SECTION 56DD -- AMENDED AND ADOPTED

Rep. YOUNG-BRICKELL proposed the following Amendment No. 8 (Doc Name housedesk\h-wm\005\crimrecord.doc), which was adopted.


Printed Page 1242 . . . . . Tuesday, March 16, 1999

Amend the bill, as and if amended, Part IB, Section 56DD, GOVERNOR'S OFFICE, page 476, paragraph 8, line 15, by inserting at the end of the line:
/The sale or dissemination of the criminal history record database maintained by the State Law Enforcement Division is prohibited. The individual sale of individual criminal history records by SLED is not affected. Notwithstanding any other provision of law, criminal history record information, including arrest history, may be disseminated in accordance with regulations regardless of whether a corresponding judicial finding or disposition is part of the record./
Renumber sections to conform.
Amend totals and title to conform.

Rep. YOUNG-BRICKELL explained the amendment.
The amendment was then adopted.

Section 56DD as amended was adopted.

SECTION 63A

Section 63A was adopted.

SECTION 63B -- AMENDED AND ADOPTED

Rep. GAMBLE proposed the following Amendment No. 170 (Doc Name housedesk\council\gjk\amend\20421AC99.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 63B-F07-Budget and Control Board, page 486, line 30, after /./ by adding:
/ All prescription costs paid by a participant of the State Health Plan shall apply to the participant's annual out-of-pocket maximum pay-out amount of fifteen hundred dollars, once the participant has met the deductible.

The Budget and Control Board shall develop procedures for participants to file for reimbursement for covered prescription costs. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. GAMBLE explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

The amendment was then adopted.


Printed Page 1243 . . . . . Tuesday, March 16, 1999

Rep. W. MCLEOD proposed the following Amendment No. 89 (doc name:Wjm\healtiibenprescriptioncard.doc), which was ruled out of order.
Amend the bill, as and if amended, part 1B, Section 63B-F07-Budget and Control Board, page 486, line 30, after/./ by adding:
/Any prescription medicine card approved by the Budget and Control Board for members of the health insurance program must provide for paying five ($5.00) dollars for Generic prescriptions and not more than ten ($10.00) dollars for brand name prescriptions at the time of purchase, provided, however, where there is no Generic prescription conveniently available at the time of purchase, the member of the health insurance program shall pay no more than $5.00 for the brand name prescription.
Renumber sections to conform.
Amend totals and title to conform.

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

POINT OF ORDER

Rep. VAUGHN raised a Point of Order that Amendment No. 89 was out of order in that it violated Rule 5.3B because it appropriated funds in excess of 10 million dollars and did not identify the corresponding appropriation reduction.
Rep. KELLY argued contra.
Rep. FLEMING argued contra.
SPEAKER PRO TEMPORE HASKINS overruled the Point of Order.

Rep. KELLEY continued speaking.

POINT OF ORDER

Rep. FLEMING raised a Point of Order that Amendment No. 89 was out of order in that it was not germane to the Bill.
Rep. MCLEOD argued contra.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.


Printed Page 1244 . . . . . Tuesday, March 16, 1999

Rep. JENNINGS proposed the following Amendment No. 193 (Doc Name housedesk\h-wm\006\health.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 63B, Budget and Control Board, Division of Operations, page 486, paragraph 4, line 30, after "participants." by inserting:
/ A public hearing shall be held prior to the Budget and Control Board considering any action that would change the State Health Plan benefit structure. A report on the public hearing shall be made to the House and the Senate prior to the B&C Board considering any change to the current plan./
Renumber sections to conform.
Amend totals and title to conform.

Rep. JENNINGS explained the amendment.

POINT OF ORDER

Rep. KIRSH raised a Point of Order that Amendment No. 193 was out of order in that it was not germane to the Bill.
Rep. JENNINGS argued contra.
SPEAKER PRO TEMPORE HASKINS overruled the Point of Order.

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

Rep. KIRSH proposed the following Amendment No. 62 (Doc Name housedesk\h-wm\010\study1.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 63B, Budget and Control Board, Operations, Division of, page 487, paragraph 6, line 1, by striking /Senate Finance Committee and House Ways and Means Committee/ and inserting /every member of the General Assembly/
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. GAMBLE proposed the following Amendment No. 35 (Doc Name housedesk\council\bbm\amend\9110som99.doc), which was tabled.


Printed Page 1245 . . . . . Tuesday, March 16, 1999

Amend the bill, as and if amended, Part IB, Section 63B-F07-Budget and Control Board, page 486, line 30, after /./ by adding:
/ All prescription costs paid by a participant of the State Health Plan shall apply to the participant's annual out-of-pocket maximum pay-out amount of fifteen hundred dollars./
Renumber sections to conform.
Amend totals and title to conform.

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

Section 63B as amended was adopted.

SECTION 63C - DEBATE ADJOURNED

Reps. HOWARD and W. MCLEOD proposed the following Amendment No. 226 (Doc Name housedesk\h-wm\006\pay how.doc), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 63C, Budget and Control Board-Division of Budget and Analysis, page 490, paragraph 10, lines 5 and 26, by striking /2%/ and inserting /4%/.
Amend the bill further, as and if amended, lines 14, 24, 29, 31, by striking /4%/ and inserting /6.67%/
Renumber sections to conform.
Amend totals and title to conform.

Rep. HOWARD explained the amendment.

POINT OF ORDER

Rep. D. SMITH raised a Point of Order that Amendment No. 226 was out of order in that it was in violation of Rule 5.3B because it appropriated funds in excess of 10 million dollars and did not identify the corresponding appropriation reduction.
Rep. HOWARD argued contra.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.

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


Printed Page 1246 . . . . . Tuesday, March 16, 1999

SECTION 63G -- ADOPTED

Reps. BATTLE, HOWARD, WILDER, KIRSH, BALES, NEAL, COBB-HUNTER propose the following Amendment No. 172 (Doc Name housedesk\council\pt\amend\1352mm99.doc), which was rejected.
Amend the bill, as and if amended, Part IB, Section 63G, Budget and Control Board, Employee Benefits, page 494, by adding an appropriately numbered paragraph immediately after line 22 to read:
/ ___.   (BCB/EB: Deferred Compensation) Any employer participating in the South Carolina Deferred Compensation Program provided pursuant to Chapter 23, Title 8 of the 1976 Code is authorized to match the first twenty-five dollars of an employee's monthly contribution in the manner authorized and approved by the South Carolina Deferred Compensation Commission. Appropriations provided for this match of contributions must be used only for the purpose of matching the plan contributions of state employees and must be expended in a manner approved by the State Budget and Control Board except that no matching contributions may be made for state employees before October 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. BATTLE explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. KELLEY moved to table the amendment.

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

Yeas 50; Nays 57

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Brown H.               Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Easterday              Edge
Fleming                Gilham                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Keegan
Kelley                 Koon                   Lanford
Law                    Leach                  Limehouse

Printed Page 1247 . . . . . Tuesday, March 16, 1999

Littlejohn             Loftis                 Mason
McGee                  Rice                   Riser
Robinson               Rodgers                Sandifer
Sharpe                 Smith D.               Smith R.
Stuart                 Taylor                 Vaughn
Walker                 Webb                   Witherspoon
Woodrum                Young-Brickell

Total--50

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown J.
Brown T.               Canty                  Clyburn
Davenport              Delleney               Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Howard                 Inabinett              Kennedy
Kirsh                  Knotts                 Lloyd
Lourie                 Lucas                  Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              McMahand               Meacham
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rutherford             Seithel                Sheheen
Simrill                Smith F.               Smith J.
Stille                 Trotter                Whatley
Whipper                Wilder                 Wilkes

Total--57

So, the House refused to table the amendment.

Rep. KELLEY spoke against the amendment.
Rep. H. BROWN spoke against the amendment.

SPEAKER IN CHAIR

Rep. H. BROWN continued speaking.


Printed Page 1248 . . . . . Tuesday, March 16, 1999

Rep. BATTLE spoke in favor of the amendment.
Rep. KELLEY spoke against the amendment.
Rep. WILKES spoke in favor of the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 54; Nays 57

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown T.
Canty                  Clyburn                Cobb-Hunter
Davenport              Delleney               Emory
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Howard                 Inabinett              Jennings
Kirsh                  Knotts                 Lee
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 McCraw
McLeod M.              McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rutherford             Sheheen                Smith J.
Trotter                Whatley                Whipper
Wilder                 Wilkes                 Witherspoon

Total--54

Those who voted in the negative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Fleming
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley

Printed Page 1249 . . . . . Tuesday, March 16, 1999

Klauber                Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Mason
McGee                  Meacham                Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith D.
Smith R.               Stille                 Stuart
Taylor                 Townsend               Tripp
Vaughn                 Walker                 Webb
Wilkins                Woodrum                Young-Brickell

Total--57

So, the amendment was rejected.

RECORD FOR VOTING

Had I been present for the vote on #172 I would have voted yes to adopt.
Rep. JOHN SCOTT

H.3696-GENERAL APPROPRIATION BILL
STATEMENT FOR HOUSE JOURNAL
ABSTENTION FROM VOTING
BASED ON POTENTIAL CONFLICT OF INTEREST

In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced Part, Section and/or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date:
Part IB, Section 63G, Amendment No. 172.

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). I am a state employee.

Rep. MARGARET GAMBLE


Printed Page 1250 . . . . . Tuesday, March 16, 1999

AMENDMENT NO. 172 -- MOTION TO RECONSIDER TABLED

Rep. KELLEY moved to reconsider the vote whereby Amendment No. 172 was rejected.

Rep. EDGE moved to table the motion to reconsider.

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

Yeas 59; Nays 56

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Fleming
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Klauber                Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 Mason                  McGee
Meacham                Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith D.               Smith R.
Stuart                 Taylor                 Townsend
Tripp                  Vaughn                 Walker
Webb                   Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--59

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown J.
Brown T.               Canty                  Clyburn
Cobb-Hunter            Davenport              Delleney

Printed Page 1251 . . . . . Tuesday, March 16, 1999

Emory                  Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Kirsh
Knotts                 Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Sheheen
Smith F.               Smith J.               Stille
Trotter                Whatley                Whipper
Wilder                 Wilkes

Total--56

So, the motion to reconsider was tabled.

Section 63G was adopted.

LEAVE OF ABSENCE

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

SECTION 69A -- AMENDED AND ADOPTED

Rep. W. MCLEOD proposed the following Amendment No. 100 (Doc Name housedesk\h-wm\003\county auditor-county treasurer salary.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 69A-X12, Aid to Subdivisions, State Treasurer, page 496, paragraph 1, line 16, by striking /$15,617/ and inserting /$16,086/
Renumber sections to conform.
Amend totals and title to conform.

Rep. W. MCLEOD explained the amendment.
The amendment was then adopted.

Section 69A as amended was adopted.

SPEAKER PRO TEMPORE IN CHAIR


Printed Page 1252 . . . . . Tuesday, March 16, 1999

SECTION 72 -- DEBATE ADJOURNED

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

PART IA

SECTION 1 -- AMENDED AND ADOPTED

Rep. COBB-HUNTER proposed the following Amendment No. 2 (Doc Name housedesk\h-wm\008\fstepsch.doc), which was tabled.
Amend the bill, as and if amended, Part IA, Section 1, Department of Education, page 0005, line 31, by deleting / "Jump Start (H-63)"/ and inserting / "First Steps to School Readiness (D-17)"/
Renumber sections to conform.
Amend totals and title to conform.

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

AMENDMENT NO. 2 -- RECONSIDERED AND TABLED

Rep. COBB-HUNTER moved to reconsider the vote whereby Amendment No. 2 was tabled, which was agreed to.

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

Reps. MILLER, MOODY-LAWRENCE, MADDOX, SCOTT, BATTLE, LOURIE, J. SMITH, RHOAD, SHEHEEN, JENNINGS, OTT, WILDER, HAYES, GOURDINE, LEE, ALLEN, KIRSH and EMORY proposed the following Amendment No. 159 (Doc Name housedesk\H-WM\008\istreading.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 1, DEPARTMENT OF EDUCATION, page 0005, line 31, column 5 by deleting 3,000,000/ and inserting after line 31 / Governor's Institute of Reading (H63), column 5, 3,000,000/
Renumber sections to conform.
Amend totals and title to conform.

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


Printed Page 1253 . . . . . Tuesday, March 16, 1999

SPEAKER IN CHAIR

Section 1 as amended was adopted.

SECTION 5B

Section 5B was adopted.

SECTION 5J

Section 5J was adopted.

SECTION 11

Section 11 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 63A -- ADOPTED

Rep. J. SMITH proposed the following Amendment No. 21 (Doc Name housedesk\h-wm\010\cityyr1.doc), which was tabled.
Amend the bill, as and if amended, Part IA, Section 63A, B&CB - DIVISION OF EXECUTIVE DIRECTOR, page 343, immediately after line 18, by inserting a new line to read:

Column 5   Column 6
City Year   60,000   60,000

(0)   (0)
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. J. SMITH proposed the following Amendment No. 24 (Doc Name housedesk\h-wm\010\cityyr2.doc), which was ruled out of order.
Amend the bill, as and if amended, Part IA, Section 63A, B&CB - DIVISION OF EXECUTIVE DIRECTOR, page 343, immediately after line 18, by inserting a new line to read:


Printed Page 1254 . . . . . Tuesday, March 16, 1999

Column 5   Column 6
City Year   50,000   50,000

(0)   (0)

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

Rep. J. SMITH explained the amendment.

POINT OF ORDER

Rep. HASKINS raised a Point of Order that Amendment No. 24 was in violation of Article 11, Section 4 of the Constitution of the State of South Carolina.
Rep J. SMITH argued contra.
Rep. HASKINS also stated that the amendment violated House Rule 5.4.
SPEAKER WILKINS stated that he found a precedent from 1995 where the phrase private claim had been interpreted to mean a private entity. He sustained the Point of Order and ruled the amendment out of order.

Section 63A was adopted.

SECTION 63G -- AMENDED AND ADOPTED

Rep. W. MCLEOD proposed the following Amendment No. 102 (Doc Name housedesk\h-wm\003\bcbecep1.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 63G, BUDGET AND CONTROL BOARD - EMPLOYEE BENEFITS, page 376, line 33, opposite /Employee Pay Plan/ by decreasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

49,772   49,772
Renumber sections to conform.
Amend totals and title to conform.

Rep. W. MCLEOD explained the amendment.
The amendment was then adopted.

Section 63G as amended was adopted.


Printed Page 1255 . . . . . Tuesday, March 16, 1999

SECTION 69A -- AMENDED AND ADOPTED

Rep. W. MCLEOD proposed the following Amendment No. 101 (Doc Name housedesk\h-wm\003\cactss1.doc), which was adopted.
Amend the bill, as and if amended, Part IA, Section 69A, AID SUBDIVISIONS- COMPTROLLER GENERAL, page 385, line 18, opposite /AID CNTY-AUDITORS/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

24,886   24,886
Amend the bill further, as and if amended, page 385, line 19, opposite /AID CNTY-TREASURERS/ by increasing the amount(s) in Columns 5 and 6 by:

Column 5   Column 6

24,886   24,886

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

Rep. W. MCLEOD explained the amendment.
The amendment was then adopted.

Section 69A as amended was adopted.

Rep. FLEMING moved that the House do now adjourn, which was agreed to.

MOTION NOTED

Rep. SCOTT moved to reconsider the vote whereby Section 40 was adopted, Part IA, and the motion was noted.

MOTION NOTED

Rep. WHIPPER moved to reconsider the vote whereby Amendment No. 106 was rejected in Section 54B, Part IA, and the motion was noted.

MOTION NOTED

Rep. MASON moved to reconsider the vote whereby Amendment No. 134 was tabled in Section 72, Part IB, and the motion was noted.


Printed Page 1256 . . . . . Tuesday, March 16, 1999

MOTION NOTED

Rep. J. SMITH moved to reconsider the vote whereby Section 63A was adopted, Part IB, and the motion was noted.

MOTION NOTED

Rep. H. Brown moved to reconsider the vote whereby Part IA, Sections 1, 3, 5A, 5B, 5J, 8, 11, 13, 14, 17, 26, 27, 54A, 54B, 54H, 55, 56B, 56C, 59, 63A, 63G, 67, 69A and Part IB Sections 5A, 6, 9, 11, 13, 24, 26, 27, 32, 35, 36, 42, 54, 56DD, 63A, 63B, 63G and 69A were adopted and the motion was noted.

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

ADJOURNMENT

At 6:45 P.M. the House in accordance with the motion of Rep. HAWKINS adjourned in memory of Annie McAbee of Roebuck, to meet at 9:30 A.M. tomorrow.

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