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


Printed Page 1257 . . . . . Wednesday, March 17, 1999

Wednesday, March 17, 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:

Our Father in Heaven, Who knows every secret of our minds-all that we fear and for which we hope-we come to ask Your guidance and direction during these days when so much is demanded of us. Compel us to be just and fair in all our dealings. Make our motives to be above all suspicion. Cause us to make our word our bond. Let us be charitable in our criticism of others, and slow to judge, knowing that some day we will be judged by Him to whom all hearts are open and from Whom no secrets are hidden. Give us enough light for the next step, wisdom enough for today's duties. Hear with Your favor this our morning prayer. 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.

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., March 16, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3429:

H. 3429 (Word version) -- Reps. Lanford, Hawkins, Wilder, Walker, Allison, Lee, Davenport, D. Smith, Vaughn and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 4, 1999, MISSED BY STUDENTS OF EACH OF THE SEVEN SCHOOL DISTRICTS OF SPARTANBURG COUNTY AND THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND BLIND FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOLS WERE


Printed Page 1258 . . . . . Wednesday, March 17, 1999

CLOSED DUE TO ICE AND WEATHER CONDITIONS AND THE SCHOOL DAYS OF JANUARY 5 AND 8, 1999, MISSED BY STUDENTS OF MAYO ELEMENTARY SCHOOL IN SPARTANBURG COUNTY FOR SCHOOL YEAR 1998-99 WHEN THE SCHOOL WAS CLOSED DUE TO A POWER OUTAGE AND MECHANICAL FIRE ARE 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.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., March 16, 1999
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 487:

S. 487 (Word version) -- Senators Matthews and Hutto: A BILL TO REVISE THE ELECTION DISTRICTS AND METHOD OF ELECTING THE MEMBERS OF THE BOARD OF TRUSTEES OF ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICT FIVE AND TO CHANGE THE MANNER FOR FILLING VACANCIES ON THE BOARDS OF TRUSTEES OF THE ORANGEBURG COUNTY CONSOLIDATED SCHOOL DISTRICTS AND THE ORANGEBURG COUNTY BOARD OF TRUSTEES.
and has ordered the Bill enrolled for Ratification.

Very respectfully,
President

MESSAGE FROM THE SENATE

The following was received.

Columbia, S.C., March 17, 1999
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 p.m. today for the purpose of Ratifying Acts.


Printed Page 1259 . . . . . Wednesday, March 17, 1999

Very respectfully,
President

On motion of Rep. CARNELL the invitation was accepted.

CONCURRENT RESOLUTION

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

H. 3746 (Word version) -- Reps. Allison, Seithel, Edge, Bales, Barrett, Battle, Beck, Breeland, Cato, Chellis, Clyburn, Dantzler, Gilham, Gourdine, Govan, Hamilton, Harrison, Harvin, J. Hines, Hinson, Jennings, Kelley, Klauber, Koon, Law, Lee, Littlejohn, Loftis, Maddox, Martin, Mason, McCraw, McGee, Meacham, Parks, Phillips, Rhoad, Rice, Rodgers, Simrill, Stille, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon and Woodrum: A CONCURRENT RESOLUTION TO PROCLAIM THAT THE WOMAN CHOSEN AS MISS SOUTH CAROLINA SHALL SERVE AS THE OFFICIAL HONORARY HOSTESS OF THE STATE OF SOUTH CAROLINA DURING HER TERM AS MISS SOUTH CAROLINA.

Whereas, the Miss South Carolina Pageant was first held in 1937 and since 1997, has been held in the lovely city of Spartanburg, South Carolina; and

Whereas, the pageant is subsequently held each year as the state final for the Miss America Pageant, and it is the oldest, best known, and most respected beauty, talent, and scholarship pageant in South Carolina; and

Whereas, the Miss America Pageant and its preliminary pageants comprise the largest women's scholarship foundation in the world; and

Whereas, the Miss South Carolina Pageant, Inc. is a chartered South Carolina nonprofit corporation; and

Whereas, the pageant's participants are interested foremost in pursuing their education, and they are judged on the basis of the whole person including talent, intelligence, poise, as well as beauty, to find a contestant most capable of representing the great State of South Carolina; and


Printed Page 1260 . . . . . Wednesday, March 17, 1999

Whereas, a young lady possessing these attributes would be an ideal person to serve as the official honorary hostess of South Carolina; and

Whereas, it would be a great benefit to the State of South Carolina to have a young lady serve as the official honorary hostess to welcome visiting dignitaries from outside the State and at appropriate functions held within the State. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring, that the members of the General Assembly of the State of South Carolina proclaim that the woman chosen as Miss South Carolina shall serve as the official honorary hostess of South Carolina during her term as Miss South Carolina.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 616 (Word version) -- Senators Jackson and Courson: A CONCURRENT RESOLUTION TO COMMEND MARVIN CHERNOFF FOR HIS OUTSTANDING COMMITMENT AND RECORD OF PUBLIC SERVICE TO HIS COMMUNITY, COLUMBIA, AND THE GREATER COLUMBIA AREA, AND TO CONGRATULATE HIM ON THE OCCASION OF HIS BEING NAMED BY THE GREATER COLUMBIA CHAMBER OF COMMERCE AS AMBASSADOR OF THE YEAR FOR 1999.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILLS

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

H. 3747 (Word version) -- Reps. Hinson, Howard, Knotts, H. Brown, Law, Allen, Bailey, Barrett, Breeland, J. Brown, Canty, Clyburn, Dantzler, Gourdine, Govan, Hayes, M. Hines, Littlejohn, McCraw, McGee,


Printed Page 1261 . . . . . Wednesday, March 17, 1999

Miller, Neal, Phillips, J. Smith, Taylor, Walker and Woodrum: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE STATE BUDGET AND CONTROL BOARD MAKE HEALTH, DENTAL, AND OTHER INSURANCE AVAILABLE TO ACTIVE AND RETIRED STATE EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL BOARD MEMBERS WHETHER OR NOT THEY RECEIVE A SALARY ARE ELIGIBLE FOR THE INSURANCE.
Referred to Committee on Ways and Means

H. 3748 (Word version) -- Reps. Walker, Allison, Davenport, Lee, Littlejohn and D. Smith: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO CONFORM THE TREATMENT OF A LEASE PURCHASE AGREEMENT FOR ENERGY EFFICIENCY PRODUCTS AND A GUARANTEED ENERGY SAVINGS CONTRACT IN THE CALCULATION OF THE DEBT LIMIT TO THE PROVISIONS OF THE SECTION SPECIFICALLY EXCLUDING THEM FROM THOSE TYPES OF AGREEMENTS SUBJECT TO THE DEBT LIMIT, AND TO MAKE TECHNICAL REFERENCE CHANGES.
Referred to Committee on Ways and Means

H. 3749 (Word version) -- Reps. Loftis and Leach: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF FEBRUARY 1, 1999, MISSED BY STUDENTS OF THE SANS SOUCI ELEMENTARY SCHOOL IN GREENVILLE COUNTY FOR SCHOOL YEAR 1998-99 WHEN THEIR SCHOOL WAS CLOSED DUE TO LOSS OF HEAT IN THE BUILDINGS, IS EXEMPT 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. LOFTIS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

H. 3750 (Word version) -- Reps. Walker, Allison, Altman, Bailey, Barfield, Barrett, Battle, Beck, H. Brown, Campsen, Carnell, Cato, Chellis, Cooper, Cotty, Dantzler, Davenport, Easterday, Edge, Fleming, Gilham,


Printed Page 1262 . . . . . Wednesday, March 17, 1999

Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hinson, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw, McGee, M. McLeod, W. McLeod, Meacham, Miller, Neilson, Phillips, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Wilder, Wilkins, Witherspoon, Woodrum, Young-Brickell and Lucas: A BILL TO AMEND SECTION 12-43-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIPLE LOT DISCOUNT ALLOWED FOR PURPOSES OF PROPERTY TAX VALUATION WHEN UNDEVELOPED ACREAGE IS SURVEYED INTO INDIVIDUAL RESIDENTIAL LOTS, SO AS TO DELETE THE DISCOUNT PROVISION AND PROVIDE THAT THE VALUE OF THESE LOTS AND ANY IMPROVEMENTS IS DEEMED TO BE ITS UNDEVELOPED VALUE UNTIL THE SOONER OF THE DATE THE LOT IS SOLD OR THE RESIDENCE CONSTRUCTED THEREON IS CERTIFIED FOR OCCUPANCY.
Referred to Committee on Ways and Means

S. 542 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 27-18-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR TERMS USED IN THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO AMEND THE DEFINITION OF "INTANGIBLE PROPERTY" BY EXCLUDING TRADING STAMPS AND ELECTRONIC ENTRIES REPRESENTING TRADING STAMPS.
Referred to Committee on Judiciary

ROLL CALL

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

Allison                Altman                 Askins
Bales                  Barrett                Battle
Bauer                  Beck                   Bowers
Breeland               Brown H.               Brown J.
Campsen                Cato                   Chellis
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Gamble                 Gilham                 Gourdine

Printed Page 1263 . . . . . Wednesday, March 17, 1999

Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hayes                  Hinson                 Howard
Inabinett              Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Loftis
Lourie                 Lucas                  Mack
Maddox                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Neilson                Ott                    Parks
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Scott                  Sharpe                 Sheheen
Simrill                Smith D.               Smith J.
Smith R.               Stille                 Stuart
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Wednesday, March 17.

Donald Allen                      George Bailey
Liston Barfield                   Lynn Seithel
Marion Carnell                    William Clyburn
Fletcher Smith                    Ronald Fleming
Grady Brown                       Jerry Govan
John Hawkins                      Douglas Jennings
James Law                         Jesse Hines
Mack Hines                        Becky Martin
Bessie Moody-Lawrence             Joseph Neal
Olin Phillips                     Clementa Pinckney
Thomas Rhoad                      Todd Rutherford
Theodore Brown                    Adam Taylor
Jackson Whipper                   Timothy Wilkes
Ralph Canty

Total Present--120


Printed Page 1264 . . . . . Wednesday, March 17, 1999

STATEMENT OF ATTENDANCE

Rep. BAILEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 16.

STATEMENT OF ATTENDANCE

Rep. WALKER signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 10.

DOCTOR OF THE DAY

Announcement was made that Dr. Stanley C. Baker of Greenwood is the Doctor of the Day for the General Assembly.

CO-SPONSORS ADDED AND REMOVED

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. 3571 (Word version)
Date:     ADD:
03/17/99   HARRELL


Printed Page 1265 . . . . . Wednesday, March 17, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   KELLEY

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   COOPER

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   SEITHEL

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   YOUNG-BRICKELL

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   TAYLOR

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   RODGERS

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   GILHAM

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   HINSON


Printed Page 1266 . . . . . Wednesday, March 17, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   DANTZLER

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   RISER

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   TOWNSEND

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   EDGE

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   CHELLIS

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   LITTLEJOHN

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   DAVENPORT

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   COTTY


Printed Page 1267 . . . . . Wednesday, March 17, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   KOON

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   LEACH

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   HAMILTON

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   HASKINS

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   QUINN

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   SANDIFER

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   CATO

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   MASON


Printed Page 1268 . . . . . Wednesday, March 17, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   R. SMITH

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   CAMPSEN

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   ALTMAN

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   LANFORD

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   ALLISON

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   LUCAS

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   LAW

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   MARTIN


Printed Page 1269 . . . . . Wednesday, March 17, 1999

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   GAMBLE

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   KEEGAN

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   WILKINS

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   WEBB

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   MEACHAM

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   MADDOX

CO-SPONSOR ADDED

Bill Number:   H. 3571 (Word version)
Date:     ADD:
03/17/99   H. BROWN

CO-SPONSOR REMOVED

Bill Number:   H. 3734 (Word version)
Date:     REMOVE:
03/17/99   LOFTIS


Printed Page 1270 . . . . . Wednesday, March 17, 1999

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

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

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 1 - AMENDED AND INTERRUPTED DEBATE

Reps. TOWNSEND, WALKER and LITTLEJOHN proposed the following Amendment No. 75 (Doc Name bbm\9129mm99.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 400, paragraph 46, beginning on line 17, by striking it in its entirety and inserting:

/46.   (SDE: Summer School)   Funds appropriated for summer school in Part IA, Section 1, shall be distributed to each local public school district based on the number of students reported as served in accordance with the requirements of Section 59-18-500 and State Board of Education guidelines or regulations, or both, to include summer school or an after school hours year-long comprehensive remediation program which has been approved by the State Board of Education and is designed to address objectives outlined in students' academic plans. Funds shall be allocated to each local public school district using the number of students reported as served and the index of taxpaying ability. The base student cost for summer school or the year-long comprehensive remediation program is $450. Current year appropriations may be expended for EAA summer school 1999 purposes. No local match is required. Beginning school year 1998-99, instruction offered in summer school programs and year-long comprehensive remediation programs must meet the same rigor and standards required for classes taught during the regular school year. The pupil teacher ratio in these programs shall not exceed 25:1 in each classroom for grades K-6, or 30:1 in each classroom for grades 7-12. The length of the school day or extended day and the number of days scheduled for summer school and the year-long comprehensive remediation programs may be determined by local school districts.


Printed Page 1271 . . . . . Wednesday, March 17, 1999

Summer schools operated for students who are earning high school units of credit must meet all the requirements established in grades 9-12. /
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. TOWNSEND, WALKER and LITTLEJOHN proposed the following Amendment No. 76 (Doc Name \h-wm\008\sprassess.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 400, paragraph, line 31, by adding an appropriately numbered paragraph to read: /Of the funds appropriated for the assessment of students in the core academic areas in grades three through eight, the results of the tests administered in the spring of 1999 shall not be used to make judgments about individual students. The data may be used formatively in the development of academic plans. The results for groups of students should be used to familiarize educators with the expectations inherent in the standards movement and to give them an opportunity to examine their curriculum and instruction relative to the standards./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. TOWNSEND, WALKER and LITTLEJOHN proposed the following Amendment No. 78 (Doc Name \h-wm\008\teachrecert.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 400, line 31, by adding an appropriately numbered paragraph to read:
/In an effort to ensure the effective and efficient use of the funding provided by the General Assembly in Part IA, Section 1 X.C. for school technology in the classroom and internet access, teachers must receive instruction pertaining to the integration of technology in teaching and student learning. Therefore, beginning with the


Printed Page 1272 . . . . . Wednesday, March 17, 1999

1999-2000 certificate renewal cycle and continuing for alternate renewal cycles thereafter, a minimum of fifty percent of the credit earned for certification renewal must be earned through college or university courses, or programs approved by the South Carolina State Board of Education pertaining to the integration of technology in teaching and student learning./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. VAUGHN, LEACH and LOFTIS proposed the following Amendment No. 87 (Doc Name housedesk\h-wm\008\altschlfees.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 400, line 31, by adding an appropriately numbered paragraph to read:
/The Department of Education is directed to develop a fee schedule for students who are in attendance in Alternative Schools as a last solution because of suspension or expulsion. The fee shall be the difference between the EFA weighting for a High School student and the weighting assigned for an alternative school student if the student is in grade 9-12 or the difference between the EFA weighting for an Elementary Student and the weighting assigned for Alternative school student if the student is in grade 6-8. The fee schedule shall consider the federal poverty income guidelines. The fees collected shall be remitted to the Department of Education to reduce the subsequent year's cost for alternative schools./

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

Rep. VAUGHN explained the amendment.

POINT OF ORDER

Rep. WALKER raised a Point of Order that Amendment No. 87 was in violation of Article X, Section 1 of the Constitution of the State of South Carolina and treated different school districts in a different manner.


Printed Page 1273 . . . . . Wednesday, March 17, 1999

SPEAKER WILKINS stated that the section was inapplicable. He stated further that the Point was a substantive question and as the Speaker of the House he could only rule on procedural questions. He therefore overruled the Point of Order.

Rep. VAUGHN continued speaking.
Rep. COTTY spoke against the amendment.
Rep. PINCKNEY spoke against the amendment.
Rep. LUCAS spoke against the amendment.
Rep. VAUGHN spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.

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

Yeas 91; Nays 19

Those who voted in the affirmative are:

Allen                  Allison                Askins
Bales                  Barfield               Barrett
Battle                 Bauer                  Beck
Bowers                 Breeland               Brown G.
Brown J.               Brown T.               Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Davenport
Delleney               Edge                   Emory
Gamble                 Gilham                 Gourdine
Harris                 Harrison               Harvin
Hayes                  Hines J.               Hines M.
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Lanford
Law                    Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rodgers                Rutherford
Sandifer               Scott                  Seithel

Printed Page 1274 . . . . . Wednesday, March 17, 1999

Sharpe                 Sheheen                Simrill
Smith D.               Smith F.               Smith J.
Smith R.               Stille                 Stuart
Townsend               Trotter                Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Woodrum

Total--91

Those who voted in the negative are:

Brown H.               Campsen                Cato
Easterday              Fleming                Hamilton
Harrell                Haskins                Knotts
Koon                   Leach                  Loftis
Quinn                  Rice                   Riser
Robinson               Tripp                  Vaughn
Young-Brickell

Total--19

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 120.
Amend the bill, as and if amended, Part IB, Section 1, EDUCATION, DEPARTMENT OF, page 400, line 31, by adding an appropriately numbered paragraph to read:
/The Office of General Services of the South Carolina Budget and Control Board shall develop a plan to place State owned computers which have been declared to be surplus property in the public school districts of South Carolina.

The Office of General Services, shall develop a plan in coordination with the South Carolina Department of Education, to target and list the poorest, and most impaired public school districts in South Carolina. The school districts shall receive the State surplus computers at no charge, with the most needy schools being served first. The plan will place all public school districts on a priority list so that all school districts will benefit from this plan at some time.

The Office of General Services will further be directed to study the donation of any other state properties which have been declared surplus


Printed Page 1275 . . . . . Wednesday, March 17, 1999

and could benefit the educational opportunities of the students in the public school districts of South Carolina./
Renumber sections to conform.
Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. COBB-HUNTER moved to adjourn debate on the amendment, which was agreed to.

Rep. STILLE proposed the following Amendment No. 231 (Doc Name \council\pt\amend\1360sd99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 400, by adding a new paragraph to be appropriately numbered immediately after paragraph 47:
/ ( ). Any unexpended funds on June 30, 1999, remaining from the appropriation of $125,000 to the Department of Education for Performance Audits (F05) shall be transferred to and used for the Abbeville World Class Education Program. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. STILLE explained the amendment.
Rep. HARRELL spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. T. BROWN proposed the following Amendment No. 230 (Doc Name housedesk\h-wm\008\ntewaiver.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 397, paragraph 26, line 24, after degree, by inserting / or work experience and a college degree,/

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

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


Printed Page 1276 . . . . . Wednesday, March 17, 1999

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

Yeas 56; Nays 46

Those who voted in the affirmative are:

Allen                  Allison                Barfield
Barrett                Bauer                  Brown H.
Campsen                Chellis                Cooper
Cotty                  Dantzler               Davenport
Edge                   Emory                  Gamble
Gilham                 Gourdine               Harrell
Harris                 Harvin                 Hawkins
Hinson                 Jennings               Keegan
Kelley                 Klauber                Knotts
Koon                   Lanford                Law
Littlejohn             Lourie                 Lucas
Martin                 Mason                  McGee
McLeod M.              Neilson                Quinn
Riser                  Rodgers                Sandifer
Sharpe                 Smith D.               Smith J.
Smith R.               Stille                 Taylor
Townsend               Trotter                Walker
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Askins                 Bales                  Bowers
Breeland               Brown G.               Brown T.
Carnell                Cato                   Clyburn
Delleney               Govan                  Hamilton
Haskins                Hayes                  Hines M.
Inabinett              Kennedy                Kirsh
Leach                  Lee                    Limehouse
Lloyd                  Loftis                 Mack
Maddox                 McCraw                 McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Parks                  Phillips
Rhoad                  Rice                   Robinson
Rutherford             Scott                  Sheheen

Printed Page 1277 . . . . . Wednesday, March 17, 1999

Simrill                Smith F.               Stuart
Vaughn                 Webb                   Whipper
Wilder

Total--46

So, the amendment was tabled.

Reps. KNOTTS and WHATLEY proposed the following Amendment No. 266 (Doc Name \KGH\AMEND\15472HTC99), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 1, page 397, paragraph 26, line 30, by inserting before the period /but not more than three times/.
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. DELLENEY and F. SMITH proposed the following Amendment No. 126 (Doc Name\council\bbm\9118som99.doc), which was adopted.
Amend the bill, as and if amended, PART IB, Section 1A-H63, page 402, by adding on line 20, after /./ / Eligibility for the Junior Scholars program is open to any student who meets the requirements of the program, whether the student attends public school or private school; provided however, any private school student is responsible for paying the cost of the qualifying examination and, at the option of the Department of Education, any other costs associated with the program./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. TOWNSEND and LITTLEJOHN proposed the following Amendment No. 77 (Doc Name housedesk\h-wm\008\natbdcert.doc), which was adopted.


Printed Page 1278 . . . . . Wednesday, March 17, 1999

Amend the bill, as and if amended, Part IB, Section 1A, Department of Education, page 407, paragraph 44, line 21, by inserting at the end of the line:
/In addition, teachers who are certified by the National Board for Professional Teaching Standards shall enter a recertification cycle for their South Carolina certificate consistent with the recertification cycle for National Board certification./
Renumber sections to conform.
Amend totals and title to conform.

Rep. TOWNSEND explained the amendment.
Rep. WALKER spoke against the amendment.
Rep. MOODY-LAWRENCE spoke in favor of the amendment.
The amendment was then adopted.

Rep. R. SMITH proposed the following Amendment No. 153 (Doc Name housedesk\h-wm\008\aplansdtch.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1A, Department of Education-EIA, page 402, paragraph 13, line 24, by striking:/1999
/and inserting 2000/
Amend the bill further, as and if amended, Section 1A, Department of Education-EIA, page 402, paragraph 13, line 33, by striking /1999/ and inserting /2000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. R. SMITH explained the amendment.
The amendment was then adopted.

Reps. MILLER, MOODY-LAWRENCE, MADDOX, SCOTT, EMORY, KIRSH, LEE, ALLEN, GOURDINE, LOURIE, BATTLE, J.SMITH, SHEHEEN, RHOAD, HAYES, WILDER, OTT and JENNINGS proposed the following Amendment No. 158 (Doc Name housedesk\h-wm\008\strkjsir.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1A, Department of Education-EIA, page 409, paragraph 60, lines 18-36 and page 410, line 1, by striking: paragraph 60 in its entirety/
Renumber sections to conform.
Amend totals and title to conform.

The amendment was then adopted.


Printed Page 1279 . . . . . Wednesday, March 17, 1999

Reps. J. SMITH, LOURIE, BATTLE, JENNINGS and ALLEN proposed the following Amendment No. 239, which was tabled: Amend the bill, as and if amended, Part IB, Section, Department of Education-EIA, page 410, paragraph, line 2, by adding an appropriately numbered paragraph to read,
/From the balance of unexpended EIA funds at the end of FY 1998-99, $200,000 must be provided to the School Improvement Council Assistance program./
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. SMITH explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. HARRELL moved to table the amendment.

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

Yeas 59; Nays 55

Those who voted in the affirmative are:

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

Total--59


Printed Page 1280 . . . . . Wednesday, March 17, 1999

Those who voted in the negative are:
Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown T.
Carnell                Cobb-Hunter            Davenport
Delleney               Emory                  Gourdine
Harris                 Harrison               Harvin
Hayes                  Hines J.               Hines M.
Howard                 Inabinett              Jennings
Kennedy                Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Riser
Rutherford             Scott                  Sheheen
Smith F.               Smith J.               Stille
Townsend               Whipper                Wilder
Wilkes

Total--55

So, the amendment was tabled.

Rep. COBB-HUNTER proposed the following Amendment No. 120, which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, EDUCATION, DEPARTMENT OF, page 400, line 31, by adding an appropriately numbered paragraph to read:
/The Office of General Services of the South Carolina Budget and Control Board shall develop a plan to place State owned computers which have been declared to be surplus property in the public school districts of South Carolina.

The Office of General Services shall develop a plan in coordination with the South Carolina Department of Education to target and list the poorest and most impaired public school districts in South Carolina. The school districts shall receive the State surplus computers at no charge, with the most needy schools being served first. The plan will place all public school districts on a priority list so that all school districts will benefit from this plan at some time.


Printed Page 1281 . . . . . Wednesday, March 17, 1999

The Office of General Services will further be directed to study the donation of any other state properties which have been declared surplus and could benefit the educational opportunities of the students in the public school districts of South Carolina./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. COBB-HUNTER proposed the following Amendment No. 277 (Doc Name housedesk\h-wm\010\edu3.doc), which was rejected.
Amend the bill, as and if amended, Part IB, Section 1, EDUCATION, DEPARTMENT OF, page 400, line 31, by adding an appropriately numbered paragraph to read:
/The Office of General Services of the South Carolina Budget and Control Board shall develop a plan to place State owned computers and other property that have been declared to be surplus property in the public school districts of South Carolina.

The Office of General Services, shall develop a plan in coordination with the South Carolina Department of Education, to target and list the poorest, and most impaired public school districts in South Carolina. The school districts shall receive the State surplus computers at no charge, with the most needy schools being served first. The plan will place all public school districts on a priority list so that all school districts will benefit from this plan at some time. However, no school district can benefit twice until any district has had the opportunity to benefit.

The Office of General Services will further be directed to study the donation of any other state properties which have been declared surplus and could benefit the educational opportunities of the students in the public school districts of South Carolina./
Renumber sections to conform.
Amend totals and title to conform.

Rep. COBB-HUNTER explained the amendment.
Rep. HARRELL spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. M. HINES spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment.


Printed Page 1282 . . . . . Wednesday, March 17, 1999

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

Yeas 40; Nays 61

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Brown H.
Campsen                Cooper                 Cotty
Davenport              Edge                   Fleming
Hamilton               Harrell                Harrison
Hawkins                Hinson                 Keegan
Kelley                 Kirsh                  Klauber
Koon                   Leach                  Limehouse
McLeod M.              Meacham                Rice
Riser                  Robinson               Sandifer
Simrill                Smith D.               Smith R.
Taylor                 Vaughn                 Walker
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--40

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Beck
Bowers                 Breeland               Brown J.
Canty                  Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Dantzler               Delleney               Emory
Gamble                 Gourdine               Harris
Harvin                 Haskins                Hayes
Hines J.               Hines M.               Howard
Inabinett              Jennings               Kennedy
Knotts                 Law                    Lee
Littlejohn             Lloyd                  Lourie
Mack                   Maddox                 McCraw
McGee                  McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Ott                    Parks                  Phillips
Pinckney               Quinn                  Scott
Seithel                Smith F.               Smith J.

Printed Page 1283 . . . . . Wednesday, March 17, 1999

Stille                 Stuart                 Tripp
Trotter                Webb                   Whatley
Wilder

Total--61

So, the House refused to table the amendment.

Rep. KELLEY spoke against the amendment.
Rep. COBB-HUNTER spoke in favor of the amendment.
Rep. M. MCLEOD spoke against the amendment.
Rep. INABINETT spoke in favor of the amendment.
Rep. HARRELL spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 53; Nays 61

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown J.
Brown T.               Canty                  Carnell
Clyburn                Cobb-Hunter            Delleney
Emory                  Gamble                 Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines J.               Hines M.
Howard                 Inabinett              Jennings
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rutherford
Scott                  Seithel                Smith F.
Smith J.               Trotter                Webb
Whipper                Wilder

Total--53


Printed Page 1284 . . . . . Wednesday, March 17, 1999

Those who voted in the negative are:
Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Brown H.               Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Easterday
Edge                   Fleming                Gilham
Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Littlejohn             Loftis                 Martin
Mason                  McCraw                 McGee
McLeod M.              Meacham                Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Simrill                Smith R.               Stille
Stuart                 Taylor                 Townsend
Vaughn                 Walker                 Whatley
Wilkes                 Wilkins                Woodrum
Young-Brickell

Total--61

So, the amendment was rejected.

Rep. H. BROWN moved that upon the completion of the Ratification of Acts, the House recede until 2:45 P.M., which was agreed to.

Further proceedings were interrupted by the House receding, the pending question being consideration of amendments to Section 1, Part IB.

RATIFICATION OF ACTS

At 12:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:

(R8) S. 248 (Word version) -- Senators Leatherman and McGill: AN ACT TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS


Printed Page 1285 . . . . . Wednesday, March 17, 1999

OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, BY ADDING SECTION 55-11-650 SO AS TO AUTHORIZE THE AUTHORITY TO DEPOSIT, EXPEND MONIES, ACCEPT DONATIONS, ISSUE NEGOTIABLE INSTRUMENT BONDS, NOTES, AND OTHER EVIDENCES OF INDEBTEDNESS.

(R9) S. 294 (Word version) -- Senator Wilson: AN ACT TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF THE DIVISION FOR REVIEW OF THE FOSTER CARE OF CHILDREN, OFFICE OF THE GOVERNOR, SO AS TO PROVIDE THAT THE DIVISION SHALL SUBMIT RECOMMENDATIONS CONCERNING FOSTER CARE POLICIES, PROCEDURES, AND DEFICIENCIES OF AGENCIES TO THE GOVERNOR AS WELL AS TO THE GENERAL ASSEMBLY.

(R10) S. 322 (Word version) -- Senator Holland: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD CHESTERFIELD COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.

(R11) S. 355 (Word version) -- Senator Elliott: A JOINT RESOLUTION TO NAME THE RECENTLY COMPLETED BOAT LANDING ON THE WACCAMAW RIVER AT HIGHWAY 9 THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9", TO PROVIDE THAT THE SOUTH CAROLINA DEPARTMENT OF NATURAL RESOURCES SHALL ERECT APPROPRIATE SIGNS FROM LOCALLY GENERATED FUNDING TO DESIGNATE AND NAME THE NEW LANDING AS THE "CHRIS ANDERSON MEMORIAL LANDING AT HIGHWAY 9", AND TO PROVIDE THAT THE DEPARTMENT SHALL ENSURE THAT THE BOAT RAMP IS


Printed Page 1286 . . . . . Wednesday, March 17, 1999

AVAILABLE FREE OF CHARGE FOR ACCESS TO THE WACCAMAW RIVER.

(R12) S. 357 (Word version) -- Senators Hayes and Giese: AN ACT TO AMEND SECTION 17-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A LAW ENFORCEMENT OFFICER'S JURISDICTION WHEN HE IS IN PURSUIT OF AN OFFENDER, SO AS TO EXPAND THE JURISDICTION OF COUNTY POLICE AUTHORITIES WHEN THEY PURSUE OFFENDERS WHO VIOLATE A COUNTY ORDINANCE OR STATE STATUTE.

(R13) S. 457 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 22, 1999, MISSED BY THE STUDENTS OF TAMASSEE ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

(R14) S. 498 (Word version) -- Senators McGill and Ravenel: AN ACT TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THE DEVOLVED POWERS TO THE DELEGATION FOR ONE ENTITY, THE WACCAMAW REGIONAL PLANNING COUNCIL, AND PROVIDE THAT APPOINTMENTS TO THIS COUNCIL BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH THE ADVICE AND CONSENT OF THE SENATE.

(R15) S. 562 (Word version) -- Senators Moore, J. Verne Smith, Bryan, Giese, Thomas, Jackson, Short, Alexander, Rankin, O'Dell and McConnell: AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH THE STATE


Printed Page 1287 . . . . . Wednesday, March 17, 1999

CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO MAKE A FACILITY ESTABLISHED TO PROVIDE RADIATION THERAPY SUBJECT TO CERTIFICATE OF NEED REVIEW BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.

(R16) H. 3259 (Word version) -- Reps. Chellis, H. Brown, Seithel, Stuart, Edge, R. Smith, Young-Brickell, Cave, Cato, Tripp, Altman, Robinson, Bailey, Barrett, Beck, Dantzler, Fleming, Leach, Hinson, Loftis, Meacham, Sandifer, Riser, Harrell, Witherspoon, Hamilton, Wilkins, Keegan, Kelley, Walker, Rodgers, Neilson, Law, Martin, Webb, Simrill, Limehouse, Gilham, McKay, Govan, Bales, Davenport, Lanford, Sharpe, Knotts, Whatley, Barfield and Lee: A JOINT RESOLUTION TO ALLOW A STATE INDIVIDUAL INCOME TAX DEDUCTION OF RETIREMENT INCOME, NOT TO EXCEED THREE THOUSAND DOLLARS A YEAR OF SUCH INCOME, FOR TAXABLE YEARS 1994 THROUGH 1997, FOR TAXPAYERS WHO ELECTED TO DEFER A RETIREMENT INCOME DEDUCTION UNTIL AGE SIXTY-FIVE OR WHO FAILED TO MAKE SUCH AN ELECTION.

(R17) H. 3332 (Word version) -- Reps. Miller, Lanford and W. McLeod: AN ACT TO RATIFY AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND TO RATIFY AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF


Printed Page 1288 . . . . . Wednesday, March 17, 1999

INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.

(R18) H. 3346 (Word version) -- Reps. Campsen, Harrell, Altman, Inabinett and Whipper: AN ACT TO AMEND ACT 1595 OF 1972, AS AMENDED, RELATING TO THE CHARLESTON COUNTY PARK, RECREATION AND TOURIST DISTRICT, SO AS TO AUTHORIZE THE PROVISION, MAINTENANCE, AND SUPERVISION OF A GOLF FACILITY AS A PERMITTED ACTIVITY OF THE DISTRICT, TO REQUIRE THAT THE GOVERNING BODY OF THE DISTRICT MUST CONDUCT OR CONTRACT FOR A FEASIBILITY AND MARKETING STUDY WHICH MUST BE SUBMITTED TO THE COUNTY COUNCIL WHICH MUST APPROVE ANY PLAN TO OPERATE A GOLF FACILITY, TO REQUIRE THE FACILITY TO BE FINANCIALLY SELF-SUSTAINING AND THE FACILITY MUST BE PROVIDED, MAINTAINED, AND SUPERVISED IN CONJUNCTION WITH A PUBLIC INSTITUTION OF HIGHER LEARNING LOCATED IN CHARLESTON COUNTY.

(R19) H. 3360 (Word version) -- Reps. Koon, Harvin, Vaughn and Sharpe: A JOINT RESOLUTION TO ALLOW THE SOUTH CAROLINA FORESTRY COMMISSION TO RETAIN THE REIMBURSEMENTS PAID TO IT BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY THROUGH THE STATE OF FLORIDA, OTHERWISE REQUIRED TO LAPSE TO THE GENERAL FUND OF THE STATE, FOR REPAIRS AND MAINTENANCE TO COMMISSION FIRE PROTECTION EQUIPMENT USED IN THE FLORIDA FOREST FIRE EMERGENCY IN THE SUMMER OF 1998 AND FOR TRAVEL EXPENSES INCURRED IN THAT EMERGENCY.

(R20) H. 3412 (Word version) -- Reps. Davenport, Hawkins, Walker, Allison, D. Smith, Littlejohn and Lee: AN ACT TO AMEND ACT 1189 OF 1958, AS AMENDED, RELATING TO THE BOILING SPRINGS FIRE DISTRICT OF SPARTANBURG COUNTY, SO AS TO INCREASE THE FIRE CONTROL BOARD FROM FIVE TO SEVEN MEMBERS.


Printed Page 1289 . . . . . Wednesday, March 17, 1999

(R21), H. 3558 (Word version) -- Reps. Bailey, Cobb-Hunter and Young-Brickell: AN ACT TO AMEND ACT 536 OF 1986, AS AMENDED, RELATING TO DORCHESTER COUNTY SCHOOL DISTRICT 4 AND OTHER SCHOOL MATTERS OF THE COUNTY, SO AS TO PROVIDE THAT TRUSTEES MUST BE ELECTED AT THE GENERAL ELECTION BEGINNING IN THE YEAR 2000.

(R22) H. 3567 (Word version) -- Reps. Walker, Allison, Davenport, Lanford, Lee, Littlejohn and D. Smith: AN ACT TO AMEND ACT 499 OF 1998, RELATING TO THE DISTRIBUTION OF FOUNDATION MONIES BY THE SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE, SO AS TO PROVIDE THAT THE DISTRIBUTION IS BASED ON THE PREVAILING FUNDING FORMULA UTILIZED DURING THE 1993-94 SCHOOL YEAR.

(R23) H. 3625 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO MAKE A SUPPLEMENTAL APPROPRIATION FROM SURPLUS FISCAL YEAR 1997-98 GENERAL FUND REVENUES OF SIXTEEN MILLION DOLLARS TO THE SOUTH CAROLINA STATE PORTS AUTHORITY FOR THE CHARLESTON HARBOR DREDGING PROJECT.

(R24) H. 3639 (Word version) -- Rep. Carnell: AN ACT TO AMEND ACT 727 OF 1990, RELATING TO THE DISTRIBUTION OF ONE MILL OF THE COUNTYWIDE LEVY FOR SCHOOL OPERATING PURPOSES IN GREENWOOD COUNTY TO THE DISTRICT WITH THE LOWEST ASSESSED VALUE, SO AS TO INCREASE THIS DISTRIBUTION TWO MILLS BEGINNING WITH THE 1999-2000 SCHOOL YEAR.

THE HOUSE RESUMES

At 2:45 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

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

LEAVE OF ABSENCE

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


Printed Page 1290 . . . . . Wednesday, March 17, 1999

H. 3696 - AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of amendments to Section 1, Part IB.

H. 3696 -- GENERAL APPROPRIATION BILL

PART IB

SECTION 1 -- AMENDED AND ADOPTED

Rep. BALES proposed the following Amendment No. 283 (Doc Name housedesk\h-wm\010\bales1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, pages 393 & 394, paragraph 9, page 393, lines 34 - 36, & page 394, lines 1 - 3, by striking:/ The Provision in it's entirety/
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. CLYBURN proposed the following Amendment No. 288 (Doc Name housedesk\h-wm\010\edu4.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, EDUCATION, DEPARTMENT OF, page 400, paragraph, line 31, by adding an appropriately numbered paragraph to read:
/The Office of General Services of the South Carolina Budget and Control Board shall develop a plan, to place state owned computers that have been declared to be surplus property, in the public school districts of South Carolina.

The Office of General Services, shall develop a plan in coordination with the South Carolina Department of Education, to target and list the poorest, and most impaired public school districts in South Carolina. The school districts shall receive the state surplus computers at no charge, with the most needy schools being served first. The plan will place all public school districts on a priority list so that all school districts will benefit from this plan at some time. However, no school district can benefit twice until all other districts have had the opportunity to benefit.

The Office of General Services will further be directed to study the donation of any other state properties which have been declared surplus


Printed Page 1291 . . . . . Wednesday, March 17, 1999

and could benefit the educational opportunities of the students in the public school districts of South Carolina./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. T. BROWN proposed the following Amendment No. 274 (Doc Name housedesk\h-wm\008\ntemaster.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 397, paragraph 26, line 24, after degree, by inserting / or ten years work experience and a masters degree/or higher./
Renumber sections to conform.
Amend totals and title to conform.

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

Section 1 as amended was adopted.

SECTION IA -- ADOPTED

Rep. T. BROWN proposed the following Amendment No. 229 (Doc Name housedesk\h-wm\008\sskprov1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 1, Department of Education, page 410, line 23, by adding an appropriately numbered paragraph to read :
/From funds appropriated in Part IA, Section 1XR, local school innovation funds $100,000 shall be provided to school districts currently declared as Impaired (Districts in the Greatest Need) by the State Board of Education and/or school districts with a 90% free and reduced lunch ratio to conduct "study skills" courses for their students in grades 3-8. Funding shall be distributed equally to the school districts meeting the criteria./
Renumber sections to conform.
Amend totals and title to conform.

Rep. T. BROWN explained the amendment.
Rep. HARRELL moved to table the amendment.


Printed Page 1292 . . . . . Wednesday, March 17, 1999

Rep. T. BROWN demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 57 to 18.

Section 1A was adopted.

SECTION 3

Section 3 was adopted.

SECTION 5L

Section 5L was adopted.

SECTION 14

Section 14 was adopted.

SECTION 18

Section 18 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 44 -- AMENDED AND ADOPTED

Reps. D. SMITH and YOUNG-BRICKELL proposed the following Amendment No.232 (Doc Name \h-wm\005\stateactfun.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 44, State Accident Fund, page 463, line 28, by adding an appropriately numbered paragraph to read:
/The State Accident Fund shall study the feasibility of purchasing excess insurance and the purchase of reinsurance for all open claims that occurred prior to July 1, 1999. The report shall be submitted to the Speaker of the House and the President Pro Tempore by September 1, 1999. The report shall include, but not be limited to, the recommendations regarding the purchase of excess insurance and the purchase of reinsurance for all open claims that occurred prior to July 1, 1999. A cost/benefit analysis shall be included in the report. The State Accident Funds may purchase in accordance with Budget and Control procedures excess insurance or purchase reinsurance for all open claims that occurred prior to July 1, 1999 should the agency find it is in the best interest of the State./


Printed Page 1293 . . . . . Wednesday, March 17, 1999

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

Rep. D. SMITH explained the amendment.
The amendment was then adopted.

Section 44 as amended was adopted.

SECTION 63C -- ADOPTED

Rep. MARTIN proposed the following Amendment No. 242 (Doc Name housedesk\council\dka\amend\3320mm99.doc), which was tabled.
Amend the bill, as and if amended, Section 63C-F09-Budget and Control Board, Budget & Analyses Division, Part IB, page 490, lines 1 through 32, by striking paragraph 10 in its entirety and inserting:
/   10.   (BCB/DBA:OHR - Employee Pay)   Effective on the first pay date on or after July 1, of the current fiscal year, all current state employees, to include classified employees, unclassified employees, agency heads, legislative employees, judicial employees, and local health care providers, shall receive a base pay increase. The base pay increase amount must be $67 for each completed year of the employee's state service as of July 1, 1999, not to exceed 20 years. For purposes of determining the employee's state service, all employment in a full-time equivalent position must be considered qualifying service. Those state agencies that contract with local health care providers must be responsible for determining the qualifying service for those employees. The appropriation for this base pay increase may be used for payments to employees only in the same ratio as the employee's base salary is paid from appropriated sources. In addition, the B&C Board shall distribute funds appropriated for a 2% increase based on the most recent Employee Performance Appraisal for classified employees to be effective on the employees performance review date, and 2% for all unclassified employees, agency heads, legislative employees, judicial employees, and local health care providers effective on the first pay date that occurs on or after January 1 of the current fiscal year. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. KELLEY explained the amendment.


Printed Page 1294 . . . . . Wednesday, March 17, 1999

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

Section 63C was adopted.

SECTION 72 - AMENDED AND INTERRUPTED DEBATE

Rep. YOUNG-BRICKELL proposed the following Amendment No. 9 (Doc Name housedesk\h-wm\005\dnadatabase.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 518, paragraph 69, line 5, after Department of Corrections by inserting:
/, the Department of Probation, Parole and Pardon and Department of Juvenile Justice/
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. KIRSH proposed the following Amendment No. 71 (Doc Name housedesk\h-wm\011\sclbldgfund.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 520, paragraph 83, line 32, by striking /$20,000,000/ and inserting /$119,000,000//
Renumber sections to conform.
Amend totals and title to conform.

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

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

Yeas 62; Nays 40

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Brown H.               Brown J.
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Gamble

Printed Page 1295 . . . . . Wednesday, March 17, 1999

Gilham                 Gourdine               Govan
Hamilton               Harrell                Harris
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Kennedy
Klauber                Koon                   Lanford
Law                    Leach                  Limehouse
Loftis                 Lourie                 Lucas
Martin                 McCraw                 McLeod M.
Meacham                Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Smith D.               Smith R.
Taylor                 Tripp                  Vaughn
Walker                 Webb                   Whatley
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--62

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Beck
Bowers                 Breeland               Brown G.
Brown T.               Cobb-Hunter            Davenport
Emory                  Hayes                  Hines M.
Howard                 Jennings               Kirsh
Lee                    Littlejohn             Lloyd
Maddox                 Mason                  McGee
McLeod W.              Miller                 Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Pinckney               Rhoad
Rutherford             Sheheen                Simrill
Smith F.               Stille                 Stuart
Wilder

Total--40

So, the amendment was tabled.

Rep. BALES proposed the following Amendment No. 86 (Doc Name housedesk\h-wm\010\buspt1.doc), which was tabled.


Printed Page 1296 . . . . . Wednesday, March 17, 1999

Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 520, paragraph 83, after line 32, by inserting:
/BUS PARTS AND FUEL $4,000,000./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. BATTLE, HOWARD, WILDER, KIRSH, BALES, NEAL, COBB-HUNTER propose the following Amendment No. 291 (Doc Name COUNCIL\KGH\AMEND\15474HTC99), which was adopted.
Amend the bill, as and if amended, Part IB, SECTION 72, page 514, paragraph 48, by adding at the end:
/   The first six million dollars of unspent Fiscal Year 1998-99 general fund appropriations above the ten percent set aside pursuant to this paragraph are carried forward and appropriated to the Budget and Control Board to match the contributions of state employees as provided in this paragraph beginning January 1, 2000. Any public employer participating in the South Carolina Deferred Compensation program under Chapter 23, Title 8 of the 1976 Code or any public employer participating in an existing voluntary deferred compensation plan authorized by the Internal Revenue Code of 1986 is authorized to match the first twenty-five dollars of an employee's contributions per month in such a manner as authorized and approved by the South Carolina Deferred Compensation Commission or the authorizing public employer participating in an existing voluntary deferred compensation plan. Appropriations provided for this match will be used only for the purpose of matching the deferred contributions of state funded employees and shall be expended in a manner approved by the Budget and Control Board. /
Renumber sections to conform.
Amend totals and title to conform.

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


Printed Page 1297 . . . . . Wednesday, March 17, 1999

Rep. KELLEY moved to table the amendment.

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

Yeas 49; Nays 64

Those who voted in the affirmative are:

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

Total--49

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bowers
Breeland               Brown G.               Brown J.
Brown T.               Canty                  Carnell
Clyburn                Cobb-Hunter            Davenport
Delleney               Emory                  Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines M.               Howard
Jennings               Kennedy                Kirsh
Knotts                 Lee                    Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McGee                  McLeod M.

Printed Page 1298 . . . . . Wednesday, March 17, 1999

McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Riser
Rutherford             Scott                  Seithel
Sharpe                 Sheheen                Smith F.
Smith J.               Stille                 Townsend
Trotter                Whatley                Wilder
Wilkes

Total--64

So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 75; Nays 33

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Bauer
Bowers                 Breeland               Brown J.
Brown T.               Canty                  Carnell
Clyburn                Cobb-Hunter            Davenport
Delleney               Emory                  Gourdine
Govan                  Harris                 Harrison
Harvin                 Hawkins                Hayes
Hinson                 Howard                 Inabinett
Jennings               Kennedy                Kirsh
Knotts                 Koon                   Law
Lee                    Littlejohn             Lloyd
Lourie                 Lucas                  Mack
Maddox                 Martin                 McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rhoad
Riser                  Rutherford             Sandifer
Scott                  Seithel                Sheheen

Printed Page 1299 . . . . . Wednesday, March 17, 1999

Simrill                Smith F.               Smith J.
Stille                 Stuart                 Taylor
Townsend               Trotter                Walker
Whatley                Wilkes                 Witherspoon

Total--75

Those who voted in the negative are:

Allison                Barfield               Barrett
Beck                   Brown H.               Campsen
Cato                   Chellis                Cotty
Dantzler               Easterday              Edge
Gilham                 Hamilton               Harrell
Haskins                Keegan                 Kelley
Klauber                Lanford                Leach
Loftis                 Mason                  Rice
Rodgers                Smith D.               Smith R.
Tripp                  Vaughn                 Webb
Wilkins                Woodrum                Young-Brickell

Total--33

So, the amendment was adopted.

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 72, Amendment No. 291.

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 part-time state employee.

Rep. MARGARET GAMBLE


Printed Page 1300 . . . . . Wednesday, March 17, 1999

Rep. LANFORD proposed the following Amendment No. 152 (Doc Name housedesk\h-wm\009\nhvideo.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, GP: Coin-Operated Devices, page 520, paragraph 83, line 29, by inserting /and other/ after the word "educational" and adding immediately after line 15 on page 523, an appropriately numbered line and paragraph to read
/ Veteran's Nursing Home       3,500,000
Notwithstanding any other provision of law, funds appropriated for this purpose shall be retained and not expended until an equal or greater amount in private sector match funds has been made available for expenditure. Private sector funds are available for expenditure when a local community guarantees to the State a combination of cash and in-kind property contributions acceptable to the federal government totaling three and one-half million or more dollars. When the State Comptroller General certifies as available three and one-half million or more dollars, the State shall disburse to that local community three and one-half million dollars of state appropriations as the state's share for a veteran's nursing home.
The community that achieves the match for state funds should demonstrate that its application meets all state and federal criteria and standards as set by the United States Department of Veterans Affairs, State Home Construction Program and that its site for the nursing home is based on demonstrated need. Communities seeking these matching funds are encouraged to explore current needs and trends identified by the nursing home industry and as encouraged by the United States Department of Veterans Affairs, including, but not limited to, construction of a new site, the Eden Alternative, special care units for dementia patients, and proximity to an acute care hospital. The location and match package should reflect the philosophy of family involvement and quality of life.
This proviso expires when any community fails to meet the state match requirement by March 1, 2000, whereupon all state funds will revert to the General Fund./
Renumber sections to conform.
Amend totals and title to conform.

MOTION NOTED

Rep. KNOTTS moved to reconsider the vote whereby Amendment No. 291 was adopted and the motion was noted.


Printed Page 1301 . . . . . Wednesday, March 17, 1999

Rep. LANFORD explained the amendment.

SPEAKER PRO TEMPORE IN CHAIR

Rep. LANFORD continued speaking.
Rep. LAW moved to table the amendment.

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

Yeas 38; Nays 72

Those who voted in the affirmative are:

Altman                 Barrett                Battle
Brown G.               Brown H.               Campsen
Cato                   Chellis                Cotty
Delleney               Easterday              Edge
Harrell                Haskins                Hinson
Keegan                 Kelley                 Kirsh
Koon                   Law                    Leach
Lucas                  Mason                  Meacham
Quinn                  Rice                   Riser
Robinson               Sharpe                 Simrill
Smith R.               Tripp                  Trotter
Vaughn                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--38

Those who voted in the negative are:

Allen                  Allison                Askins
Bales                  Barfield               Bauer
Beck                   Bowers                 Breeland
Brown J.               Brown T.               Carnell
Clyburn                Cobb-Hunter            Cooper
Dantzler               Davenport              Emory
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harris
Harrison               Harvin                 Hawkins
Hayes                  Howard                 Inabinett
Jennings               Kennedy                Klauber

Printed Page 1302 . . . . . Wednesday, March 17, 1999

Knotts                 Lanford                Lee
Littlejohn             Lloyd                  Lourie
Mack                   Maddox                 Martin
McCraw                 McGee                  McLeod M.
McLeod W.              McMahand               Miller
Moody-Lawrence         Neal                   Parks
Phillips               Pinckney               Rhoad
Rutherford             Sandifer               Scott
Seithel                Sheheen                Smith D.
Smith F.               Smith J.               Stille
Stuart                 Taylor                 Townsend
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes

Total--72

So, the House refused to table the amendment.
The amendment was then adopted.

AMENDMENT NO. 152 - MOTION TO RECONSIDER TABLED

Rep. LANFORD moved to reconsider the vote whereby Amendment No. 152 was adopted.

Rep. SHEHEEN moved to table the motion to reconsider.

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

Yeas 68; Nays 33

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Bales                  Barfield               Bauer
Beck                   Bowers                 Breeland
Brown J.               Brown T.               Carnell
Clyburn                Cobb-Hunter            Davenport
Emory                  Gamble                 Gilham
Gourdine               Hamilton               Harris
Harrison               Harvin                 Hawkins
Hayes                  Howard                 Inabinett
Jennings               Kennedy                Klauber

Printed Page 1303 . . . . . Wednesday, March 17, 1999

Knotts                 Lanford                Lee
Littlejohn             Lloyd                  Loftis
Lourie                 Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Moody-Lawrence         Neal
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rutherford             Scott                  Seithel
Sheheen                Smith F.               Smith J.
Smith R.               Stille                 Taylor
Townsend               Webb                   Whatley
Whipper                Wilder

Total--68

Those who voted in the negative are:

Barrett                Brown G.               Brown H.
Campsen                Canty                  Cato
Chellis                Cooper                 Cotty
Dantzler               Delleney               Edge
Harrell                Haskins                Hinson
Keegan                 Kelley                 Kirsh
Koon                   Law                    Leach
Lucas                  Meacham                Rice
Riser                  Simrill                Stuart
Tripp                  Trotter                Vaughn
Witherspoon            Woodrum                Young-Brickell

Total--33

So, the motion to reconsider was tabled.

Rep. MOODY-LAWRENCE proposed the following Amendment No. 203 (Doc Name housedesk\h-wm\009\cfbmoodvid.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GP: Coin-Operated Devices, page 520, paragraph 83, line 29, insert after the word "educational" /and other/ and add immediately after line 15, page 523 an appropriately named and numbered line to read: Commission for the Blind Radio program 90,000


Printed Page 1304 . . . . . Wednesday, March 17, 1999

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

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

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

Yeas 62; Nays 45

Those who voted in the affirmative are:

Allison                Barfield               Barrett
Bauer                  Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Emory                  Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harrison               Haskins                Hinson
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Littlejohn
Loftis                 Lucas                  Martin
Mason                  McCraw                 McLeod M.
Meacham                Neilson                Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sharpe
Smith D.               Smith R.               Stille
Taylor                 Townsend               Tripp
Trotter                Vaughn                 Webb
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--62

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Battle                 Breeland
Brown J.               Brown T.               Clyburn
Cobb-Hunter            Delleney               Govan

Printed Page 1305 . . . . . Wednesday, March 17, 1999

Harris                 Harvin                 Hayes
Howard                 Inabinett              Jennings
Kennedy                Lanford                Lee
Lloyd                  Mack                   Maddox
McGee                  McLeod W.              McMahand
Miller                 Moody-Lawrence         Neal
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rutherford
Scott                  Seithel                Sheheen
Simrill                Smith F.               Stuart
Walker                 Whipper                Wilkes

Total--45

So, the amendment was tabled.

Rep. EASTERDAY proposed the following Amendment No. 211 (Doc Name housedesk\h-wm\004\vpoker1b.doc), which was rejected.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 520, paragraph 83, line 29, by inserting:
/Each separate appropriation item or subitem must be fully funded before the next item or subitem in order is paid. Provided, however, any item or subitem may be partially funded in the order in which it appears to the extent that revenues are available./
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY explained the amendment.
Rep. KNOTTS moved to table the amendment, which was rejected.
Rep. EASTERDAY spoke in favor of the amendment.
The amendment was then rejected.

Rep. STUART proposed the following Amendment No. 240 (Doc Name housedesk\council\dka\amend\3321mm99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, paragraph 83, page 520, line 32, by striking:
/ School Building Funds     $20,000,000/ and inserting:
/ School Building Funds     $86,249,801/.
Amend further, Section 72, General and Temporary, paragraph 83, page 522, by striking lines 11 through 35 in their entirety.


Printed Page 1306 . . . . . Wednesday, March 17, 1999

Amend further, Section 72, General and Temporary, paragraph 83, page 523, by striking lines 1 through 15 in their entirety.
Reletter items to conform.
Renumber sections to conform.
Amend totals and title to conform.

Rep. STUART explained the amendment.

SPEAKER IN CHAIR

Rep. H. BROWN moved to table the amendment.
The amendment was then tabled by a division vote of 40 to 7.

Rep. STUART proposed the following Amendment No. 241 (Doc Name housedesk\council\bbm\amend\9130mm99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, paragraph 83, page 520, line 32, by striking:
/ School Building Funds     $20,000,000/ and inserting:
/ School Building Funds     $75,000,000 /.
Amend further, Section 72, General and Temporary, paragraph 83, page 522, by striking lines 11 through 35 in their entirety and inserting:

/(9)   Capital Projects $11,249,801 /.
Amend further, Section 72, General and Temporary, paragraph 83, page 523, by striking lines 1 through 15 in their entirety.
Reletter items to conform.
Renumber sections to conform.
Amend totals and title to conform.

Rep. STUART explained the amendment.
The amendment was then tabled by a division vote of 45 to 10.

Reps. J. SMITH, MOODY-LAWRENCE, ALLEN, COBB-HUNTER, CARNELL, MACK, PHILLIPS, SCOTT, RUTHERFORD and GOVAN proposed the following Amendment No. 245 (Doc Name housedesk\h-wm\001\firststeps.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, page 520, paragraph 83, after line 36, by adding a new line to read:
/ (f) first steps     $10,000,000/


Printed Page 1307 . . . . . Wednesday, March 17, 1999

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

Rep. J. SMITH explained the amendment.
The amendment was then adopted.

AMENDMENT NO. 245 -- MOTION TO RECONSIDER TABLED

Rep. KNOTTS moved to reconsider the vote whereby Amendment No. 245 was adopted.

Rep. SIMRILL moved to table the motion to reconsider, which was agreed to.

Reps. HOWARD and W. MCLEOD proposed the following Amendment No. 247 (Doc Name housedesk\h-wm\006\pay how2.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General And Temporary, page 520, paragraph 83, line 29, by inserting after "educational": / and other/
Amend further, page 523, paragraph 83, after line 15, by adding an appropriately numbered item to read:
/State Employee Pay- 2% Increase $31,821,540

The 2% base pay increase authorized above shall be distributed to employees in the same manner as provided for in Proviso 63C.10./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HOWARD explained the amendment.
Rep. W. MCLEOD spoke in favor of the amendment.
Rep. HOWARD spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.

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

Yeas 66; Nays 36

Those who voted in the affirmative are:

Allison                Bailey                 Barfield
Barrett                Brown H.               Campsen
Carnell                Cato                   Chellis

Printed Page 1308 . . . . . Wednesday, March 17, 1999

Cooper                 Cotty                  Dantzler
Delleney               Easterday              Edge
Emory                  Gilham                 Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Klauber                Koon
Lanford                Law                    Leach
Littlejohn             Loftis                 Lourie
Lucas                  Maddox                 Mason
McCraw                 McGee                  Meacham
Neilson                Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Sheheen
Simrill                Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Trotter
Vaughn                 Walker                 Webb
Wilkins                Woodrum                Young-Brickell

Total--66

Those who voted in the negative are:

Allen                  Askins                 Bales
Bauer                  Bowers                 Breeland
Brown G.               Brown J.               Brown T.
Canty                  Clyburn                Cobb-Hunter
Davenport              Gourdine               Govan
Hayes                  Howard                 Inabinett
Jennings               Lee                    Lloyd
Mack                   Martin                 McLeod W.
Miller                 Moody-Lawrence         Neal
Ott                    Parks                  Pinckney
Rutherford             Smith F.               Whatley
Whipper                Wilder                 Wilkes

Total--36

So, the amendment was tabled.


Printed Page 1309 . . . . . Wednesday, March 17, 1999

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 72, Amendment No. 247.

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 part-time employee of USC.

Rep. MARGARET GAMBLE

Reps. H. BROWN, KEEGAN, CHELLIS, LOURIE, QUINN, J. SMITH, MEACHAM, KNOTTS, YOUNG-BRICKELL, WILKINS, T. BROWN, WHATLEY, SANDIFER, CARNELL, LUCAS, TAYLOR, RODGERS, SIMRILL, ROBINSON, CATO, HARRELL, SCOTT and COBB-HUNTER proposed the following Amendment No. 290 (Doc Name housedesk\h-wm\007\vpcomp.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 520, paragraph 83, line 29, by inserting after "educational purposes"/and tax relief//
Amend the bill further, as and if amended, Section 72, General & Temporary, page 523, paragraph 83, after line 15, by adding:
/(10) additional items (prioritized)
(A) Tax Relief 35,000,000
(B) School Buildings 19,000,000
(C) Aid to CNTY Libraries - 435,000
(D) School Buses, Parts and Fuel 3,000,000
(E) MUSC - Oncology center 7,000,000
(F) USC Sumter - Alice Drive Acquisition 1,050,000
(G) Midlands Tech - Information Technology Center 5,200,000
(H) Trident Tech Industrial/Economic Development Center 3,000,000
(I) SC State - emergency funding and transportation center match 1,900,000
(J) SC State - Deferred Maintenance 4,000,000


Printed Page 1310 . . . . . Wednesday, March 17, 1999

(K) USC - Beaufort - New River Facility 1,000,000
(L) USC - Spartanburg -Deferred Maintenance 2,000,000
(M) Piedmont Tech - Laurens Education Center 1,900,000
(N) York Tech - Machine Tools Technology Center 1,000,000
(O) Governor's School for Science & Math 2,000,000
(P) Sumter-Maysville Education Archives and Historical Learning Center 315,000
(Q) USC - Strom Thurmond Fitness & Wellness Center 2,000,000
(R) Department of Commerce

1) Newberry Airport Improvement 10,000

2) Saluda Airport Improvement 10,000
(S)   Greenwood Learning Center 180,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. H. BROWN explained the amendment.
Rep. H. BROWN spoke in favor of the amendment.
Rep. LITTLEJOHN spoke against the amendment.
Rep. LITTLEJOHN moved to adjourn debate on the amendment.
Rep. KNOTTS moved to table the motion.

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

Yeas 60; Nays 36

Those who voted in the affirmative are:

Altman                 Askins                 Barfield
Barrett                Bauer                  Beck
Brown H.               Campsen                Canty
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Easterday              Gamble                 Gilham
Gourdine               Harrell                Harris
Harrison               Haskins                Hinson
Howard                 Inabinett              Keegan
Kelley                 Kennedy                Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Lourie
Lucas                  Mason                  McLeod M.
Neilson                Parks                  Quinn
Rice                   Riser                  Robinson

Printed Page 1311 . . . . . Wednesday, March 17, 1999

Rodgers                Rutherford             Sandifer
Seithel                Sharpe                 Simrill
Smith J.               Smith R.               Taylor
Tripp                  Whatley                Wilder
Wilkins                Woodrum                Young-Brickell

Total--60

Those who voted in the negative are:

Bales                  Battle                 Bowers
Breeland               Brown J.               Davenport
Delleney               Emory                  Hawkins
Hayes                  Jennings               Kirsh
Littlejohn             Lloyd                  Loftis
Mack                   McGee                  McLeod W.
Meacham                Miller                 Moody-Lawrence
Neal                   Phillips               Rhoad
Scott                  Sheheen                Smith F.
Stille                 Stuart                 Trotter
Vaughn                 Walker                 Webb
Whipper                Wilkes                 Witherspoon

Total--36

So, the motion to adjourn debate was tabled.

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

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

Yeas 76; Nays 29

Those who voted in the affirmative are:

Allen                  Altman                 Bales
Barfield               Barrett                Bauer
Beck                   Breeland               Brown G.
Brown H.               Brown J.               Brown T.
Campsen                Canty                  Cato
Chellis                Clyburn                Cotty

Printed Page 1312 . . . . . Wednesday, March 17, 1999

Dantzler               Edge                   Gamble
Gilham                 Gourdine               Govan
Harrell                Harris                 Harrison
Harvin                 Haskins                Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lloyd                  Lourie                 Lucas
Martin                 Mason                  McCraw
McLeod M.              Meacham                Neilson
Ott                    Parks                  Pinckney
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Scott                  Seithel                Sharpe
Simrill                Smith J.               Smith R.
Taylor                 Townsend               Tripp
Vaughn                 Whatley                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--76

Those who voted in the negative are:

Allison                Askins                 Bailey
Bowers                 Davenport              Delleney
Easterday              Emory                  Hamilton
Hawkins                Hayes                  Kirsh
Littlejohn             Loftis                 Maddox
McGee                  McLeod W.              Miller
Phillips               Quinn                  Rhoad
Sheheen                Smith D.               Stille
Stuart                 Trotter                Walker
Webb                   Wilkes

Total--29

So, the amendment was adopted.


Printed Page 1313 . . . . . Wednesday, March 17, 1999

RECORD FOR VOTING

I inadvertently voted against this amendment. I meant to vote in favor of this spending plan that gives over 5 million to Midlands Tech.
Rep. RICK QUINN

Reps. H. BROWN and KEEGAN proposed the following Amendment No. 295 (Doc Name housedesk\h-wm\001\vpschimp.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 520, paragraph 83, lines 28-29, by striking /a separate fund/ and inserting /the School Improvement Fund/
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. ASKINS proposed the following Amendment No. 298 (Doc Name housedesk\council\bbm\amend\9144mm99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72.83, page 520, by striking line 32 and inserting:
/ (a)   School Building Funds     $19,150,000 /
Amend the bill further, page 523, by adding at line 16:
/ (nn)   Florence County Library
System, Lake City Library   $850,000 /
Renumber sections to conform.
Amend totals and title to conform.

Rep. ASKINS explained the amendment.
Rep. KEEGAN moved to table the amendment.

Rep. H. BROWN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 43 to 30.

SPEAKER PRO TEMPORE IN CHAIR

Rep. KIRSH proposed the following Amendment No. 299 (Doc Name housedesk\h-wm\011\bldgfund100.doc), which was rejected.


Printed Page 1314 . . . . . Wednesday, March 17, 1999

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 520, paragraph 83, line 32, by striking /$20,000,000/ and inserting /$120,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. KIRSH explained the amendment.
Rep. HINSON spoke against the amendment.
The question then recurred to the adoption of the amendment.

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

Yeas 23; Nays 73

Those who voted in the affirmative are:

Askins                 Bailey                 Bales
Bowers                 Davenport              Emory
Kirsh                  Maddox                 McGee
McLeod W.              Miller                 Moody-Lawrence
Phillips               Rhoad                  Sheheen
Smith F.               Stille                 Stuart
Trotter                Walker                 Webb
Wilder                 Wilkes

Total--23

Those who voted in the negative are:

Allison                Altman                 Barfield
Battle                 Bauer                  Beck
Brown G.               Brown H.               Brown T.
Campsen                Carnell                Cato
Chellis                Clyburn                Cobb-Hunter
Cooper                 Cotty                  Dantzler
Easterday              Gamble                 Gilham
Gourdine               Hamilton               Harris
Harrison               Harvin                 Haskins
Hawkins                Hayes                  Hinson
Jennings               Keegan                 Kennedy
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Littlejohn             Lloyd

Printed Page 1315 . . . . . Wednesday, March 17, 1999

Loftis                 Lourie                 Lucas
Mack                   Martin                 Mason
McCraw                 McLeod M.              Meacham
Neal                   Neilson                Ott
Parks                  Pinckney               Rice
Riser                  Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Simrill                Smith J.
Smith R.               Taylor                 Townsend
Whatley                Wilkins                Woodrum
Young-Brickell

Total--73

So, the amendment was rejected.

SPEAKER IN CHAIR

Reps. BOWERS, LLOYD, BAILEY, INABINETT, RHOAD and PINCKNEY proposed the following Amendment No. 254 (Doc Name housedesk\wkb\deletefurniture.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72-x90, General and Temporary, page 521, paragraph 83, line 35, by striking /2,275,312/ and inserting /2,135,312/
Renumber sections to conform.
Amend totals and title to conform.

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

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

Yeas 55; Nays 39

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Bauer                  Beck
Brown H.               Cato                   Chellis
Clyburn                Cooper                 Dantzler
Easterday              Edge                   Fleming
Hamilton               Harrell                Harris

Printed Page 1316 . . . . . Wednesday, March 17, 1999

Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Klauber                Knotts                 Koon
Law                    Leach                  Lourie
Lucas                  Martin                 Mason
McCraw                 Meacham                Neilson
Quinn                  Rice                   Sandifer
Seithel                Sharpe                 Simrill
Smith J.               Smith R.               Stille
Stuart                 Taylor                 Townsend
Trotter                Vaughn                 Webb
Whatley                Wilkins                Witherspoon
Young-Brickell

Total--55

Those who voted in the negative are:

Askins                 Bales                  Bowers
Breeland               Brown G.               Cobb-Hunter
Emory                  Gilham                 Gourdine
Govan                  Harvin                 Hayes
Inabinett              Jennings               Kirsh
Lanford                Lee                    Littlejohn
Lloyd                  Loftis                 Mack
Maddox                 McGee                  McLeod M.
McLeod W.              McMahand               Miller
Moody-Lawrence         Phillips               Pinckney
Rhoad                  Riser                  Rutherford
Sheheen                Smith F.               Walker
Whipper                Wilder                 Woodrum

Total--39

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


Printed Page 1317 . . . . . Wednesday, March 17, 1999

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 72, Amendment No. 254.

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

Rep. KIRSH proposed the following Amendment No. 72 (Doc Name housedesk\h-wm\011\clemcolsm.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 522, paragraph 9, line 30, by striking:/6,000,000//
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. KIRSH proposed the following Amendment No. 73 (Doc Name housedesk\h-wm\011\usc arena.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 522, paragraph 9, line 32, by striking:/5,000,000//
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. LOURIE, SCOTT, HARRISON, BALES, NEAL, COTTY, J. BROWN, RUTHERFORD, QUINN and J. SMITH proposed the following Amendment No. 36 (Doc Name \h-wm\007\midlands.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered paragraph to read:
/(nn) Midlands Tech - Information Technology Center 5,280,000/


Printed Page 1318 . . . . . Wednesday, March 17, 1999

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

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

Rep. G. BROWN proposed the following Amendment No. 91 (Doc Name housedesk\h-wm\010\voicemail1.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 72, after line 18, by adding an appropriately numbered paragraph to read:
/From the funds appropriated to state agencies, state agencies and their departments shall not expend funds for any type of electronic telephone answering device, including but not limited to voice mail or answering machines, during the hours of 8:30 a.m. to 5:00 p.m., Monday through Friday./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. W. MCLEOD proposed the following Amendment No. 109 (Doc Name housedesk\h-wm\002\separation.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, GENERAL AND TEMPORARY, page 523, line 18, by inserting an appropriately numbered paragraph to read:
/ 72. (GP: Voluntary separation program/fte Reduction) Based on guidelines established by the Budget and Control Board, state agency directors may develop and implement a voluntary separation program to retarget resources within their agencies to maximize cost effectiveness in accord with their agency's mission. Such programs will include a lump-sum incentive payment the equivalent of one bi-monthly pay period for each year of continuous service with the State, not to exceed $25,000, and must also include payment of the employer's portion of health and dental benefits for eligible employees for a period not to exceed one year. Agencies that participate in the program will have their authorized FTE base reduced by 75% of the FTEs occupied by employees who participate in the program.

Any program developed under this provision will involve voluntary participation from employees and will be funded within


Printed Page 1319 . . . . . Wednesday, March 17, 1999

existing appropriations. Employees who participate in this program are prohibited from employment with the State of South Carolina in a permanent or temporary position, or on a contractual basis, for a period of two years from the date of separation. The specific provisions of an agency's program must be reported to the Budget and Control Board by September 1 of the current fiscal year, and any employees participating in the program must separate from employment on or before December 1 of the current fiscal year. Unless otherwise specified, all full-time and part-time employees in permanent positions are eligible to participate in this program. All voluntary elections to participate in the program are subject to the approval of the agency director. All decisions to approve or disapprove participation are final and cannot be appealed either administratively or judicially.

Any payment received by an employee as a result of participation in this program is not a part of the employee's base salary and is not earnable compensation for purposes of employee and employer contributions to respective retirement systems./
Renumber sections to conform.
Amend totals and title to conform.

Rep. W. MCLEOD explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. W. MCLEOD spoke in favor of the amendment.
Rep. HARRELL moved to table the amendment, which was agreed to.

Reps. HAYES, JENNINGS, M. HINES and HARRIS proposed the following Amendment No. 151 (Doc Name \h-wm\007\dillon.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, after line 15, by inserting:
/Dillon County Public Library 1,000,000
The library shall be named the Marion H. Kinon library/
Renumber sections to conform.
Amend totals and title to conform.

Rep. HAYES explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. KEEGAN moved to table the amendment, which was agreed to by a division vote of 42 to 38.


Printed Page 1320 . . . . . Wednesday, March 17, 1999

Rep. DAVENPORT proposed the following Amendment No. 178 (Doc Name housedesk\h-wm\007\sptbg1.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, after line 15, by adding an appropriately numbered paragraph to read:
/Add (NN) USC Spartanburg Information Resources Center - $17,000,000/
Renumber sections to conform.
Amend totals and title to conform.

Rep. DAVENPORT explained the amendment.
Rep. KEEGAN moved to table the amendment.

Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 44 to 21.

Reps. HARVIN AND OTT proposed the following Amendment No. 184 (Doc Name housedesk\h-wm\007\1890psa.doc), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, line 18, by adding an appropriately numbered paragraph to read:
/ (GP: Establish S.C. State 1890 PSA) The Budget and Control Board is directed to establish a new entity entitled "S.C. State 1890 Public Service Activities", to follow Clemson PSA in the Budget. The following programs shall be established within this entity:

I.     Regulatory Public Service

II.     Cooperative Extension

III.   Agricultural Research

IV.   Leadership

V.     Work Force Initiative

VI.   Water Quality

VII.   Employee Benefits/
Renumber sections to conform.
Amend totals and title to conform.

Rep. HARVIN explained the amendment.


Printed Page 1321 . . . . . Wednesday, March 17, 1999

POINT OF ORDER

Rep. KOON raised the Point of Order that Amendment No. 184 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. COBB-HUNTER argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. KIRSH proposed the following Amendment No. 205 (Doc Name housedesk\h-wm\006\kirshimmun.doc), which was ruled out of order.
Amend the bill, as and if amended, Part IB, Section 72-90X, page 523, after line 18, by adding an appropriately numbered paragraph to read:
/Notwithstanding any other provision of law: (A) No cause of action including, but not limited to, any civil action or action for declaratory or injunctive relief, may be brought against an immune contractor or an officer or employee of the State or any of its agencies or political subdivisions on the basis that a computer or other information system that is owned or operated by any of those persons or entities produced, calculated, or generated an erroneuous date, regardless of the cause of the error.
(B) Any contract entered into by or on behalf of and in the capacity of the State of South Carolina, an immune contractor, or an officer or employee of the State or any of its agencies or political subdivisions shall include a provision that grants immunity to those persons or entities for any breach of contract that is caused by an erroneous date being produced, calculated, or generated by a computer or other information system that is owned or operated by any of those persons or entities, regardless of the cause of the error.
(C) Any contract subject to this paragraph that is entered into on or after December 31, 1999, has the legal effect of including the immunity required by this paragraph, and any provision of the contract which is in conflict with this paragraph is void.
(D) For purposes of this paragraph:
(1) 'employment' includes any services performed by an immune contractor;
(2) 'immune contractor' means any natural person, professional corporation, professional association, firm, business, partnership, or other entity which is an independent contractor with the State pursuant to the laws of this State."
(E) This paragraph takes effect January 1, 2000./


Printed Page 1322 . . . . . Wednesday, March 17, 1999

Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.

POINT OF ORDER

Rep. LUCAS raised a Point of Order that Amendment No. 205 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. KIRSH argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Reps. SIMRILL, HASKINS and ROBINSON proposed the following Amendment No. 209 (Doc Name h-wm\002\chemabort.doc):
Amend the bill, as and if amended, Part IB, Section 72, General & Temporary, page 523, paragraph, line 18, by adding an appropriately numbered paragraph to read:
/No state funds will be expended on any birth control methods which induce chemical abortions./
Renumber sections to conform.
Amend totals and title to conform.

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

Reps. EASTERDAY and CAMPSEN proposed the following Amendment No. 212 (Doc Name council\bbm\amend\9145mm99.doc), which was tabled.
Amend the bill, as and if amended, Part IB, Section 72 -X90-General Temporary, page 522, paragraph 83, by inserting after line 9:
/   (8)(a)   Funding of Tax Credit for School Tuition or Equipment pursuant to Section 12-6-3505   $100,000,000 /
Amend the bill further, Part IB, Section 72 -X90-General Temporary, page 522, by adding an appropriately numbered item after line 9, by adding:
/ __.   Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-3505.   Beginning taxable year 1999, a resident individual taxpayer who (1) pays K-12 school tuition on behalf of a dependent claimed by the taxpayer on the taxpayer's federal income tax return, or (2) purchases computer hardware, education


Printed Page 1323 . . . . . Wednesday, March 17, 1999

software, or books used in the schooling of a dependent under the age of nineteen claimed by the taxpayer on the taxpayer's federal income tax return, is allowed a credit against the tax imposed pursuant to Section 12-6-510 for the applicable tuition paid or purchases made on behalf of each dependent claimed not to exceed one hundred seventy-five dollars for each dependent in a taxable year. The department may require appropriate documentation for claiming the credit. To the extent monies funding the credit are not used, the monies remaining after all credits claimed have been funded shall be designated and used for school construction projects by the Department of Education." /
Renumber sections to conform.
Amend totals and title to conform.

Rep. EASTERDAY explained the amendment.

POINT OF ORDER

Rep. T. BROWN raised a Point of Order that Amendment No. 212 was out of order in that it was not germane to the Bill under Rule 5.3B.
Rep. EASTERDAY argued contra.
SPEAKER WILKINS overruled the Point of Order.

Rep. EASTERDAY continued speaking.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. H. BROWN moved to table the amendment.

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

Yeas 71; Nays 32

Those who voted in the affirmative are:

Allison                Askins                 Bales
Barfield               Battle                 Bauer
Beck                   Breeland               Brown H.
Brown J.               Carnell                Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Delleney               Edge
Emory                  Fleming                Gamble
Gourdine               Harrell                Harrison
Harvin                 Hayes                  Hinson
Inabinett              Keegan                 Kelley

Printed Page 1324 . . . . . Wednesday, March 17, 1999

Kennedy                Kirsh                  Knotts
Koon                   Lanford                Law
Lee                    Lloyd                  Lourie
Mack                   McCraw                 McLeod M.
McMahand               Meacham                Moody-Lawrence
Neal                   Neilson                Ott
Parks                  Phillips               Quinn
Riser                  Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Simrill                Smith R.
Stuart                 Taylor                 Trotter
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Young-Brickell

Total--71

Those who voted in the negative are:

Altman                 Barrett                Bowers
Campsen                Cato                   Cooper
Davenport              Easterday              Gilham
Hamilton               Harris                 Haskins
Hawkins                Klauber                Littlejohn
Loftis                 Lucas                  Maddox
Martin                 Mason                  McGee
McLeod W.              Miller                 Rice
Sheheen                Smith D.               Stille
Townsend               Tripp                  Vaughn
Walker                 Woodrum

Total--32

So, the amendment was tabled.

Rep. W. MCLEOD proposed the following Amendment No. 233 (Doc Name housedesk\h-wm\006\tuitwalt.doc), which was adopted.
Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, page 523, paragraph 83, line 16, by adding an appropriately numbered paragraph to read:
/Tuition Grants - $611,600/


Printed Page 1325 . . . . . Wednesday, March 17, 1999

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

Rep. W. MCLEOD explained the amendment.
Rep. HAWKINS spoke in favor of the amendment.
Rep. SIMRILL spoke in favor of the amendment.
Rep. KEEGAN spoke against the amendment.
Rep. KEEGAN moved to table the amendment.

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

Yeas 40; Nays 72

Those who voted in the affirmative are:

Barfield               Barrett                Bauer
Brown H.               Chellis                Clyburn
Cooper                 Dantzler               Easterday
Edge                   Fleming                Gilham
Hamilton               Harrell                Harrison
Haskins                Hinson                 Howard
Kelley                 Kirsh                  Koon
Law                    Leach                  Lourie
McCraw                 Moody-Lawrence         Neilson
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Smith J.               Smith R.               Tripp
Trotter                Witherspoon            Woodrum
Young-Brickell

Total--40

Those who voted in the negative are:

Allison                Altman                 Askins
Bailey                 Bales                  Battle
Beck                   Bowers                 Breeland
Brown G.               Brown J.               Brown T.
Campsen                Carnell                Cato
Cobb-Hunter            Cotty                  Davenport
Delleney               Emory                  Gamble
Gourdine               Govan                  Harris
Harvin                 Hawkins                Hayes

Printed Page 1326 . . . . . Wednesday, March 17, 1999

Inabinett              Jennings               Kennedy
Klauber                Knotts                 Lee
Littlejohn             Lloyd                  Loftis
Lucas                  Mack                   Maddox
Martin                 Mason                  McGee
McLeod W.              McMahand               Meacham
Miller                 Neal                   Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith F.
Stille                 Stuart                 Taylor
Townsend               Vaughn                 Walker
Webb                   Whatley                Whipper
Wilder                 Wilkes                 Wilkins

Total--72

So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.

RECORD FOR VOTING

I inadvertently voted to table Amendment 233 Part IB, Section 72 thinking that it was a straight up vote. I would have voted not to table it.
Rep. ANDRE BAUER

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

MOTION NOTED

Rep. J. SMITH moved to reconsider the vote whereby Section 56C was adopted, Part IA and the motion was noted.

Rep. H. BROWN moved to reconsider the vote whereby Part IB, Sections I, IA, 3, 5L, 14, 18, 37, 44, 63C were adopted.


Printed Page 1327 . . . . . Wednesday, March 17, 1999

Further proceedings were interrupted by adjournment, the pending question being consideration of amendments to Section 72, Part IB.

ADJOURNMENT

At 7:20 P. M. the House in accordance with the motion of Rep. F. SMITH adjourned to meet at 9:30 A. M. tomorrow.

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