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


Printed Page 2886 . . . . . Thursday, May 6, 1999

Thursday, May 6, 1999
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:

NATIONAL DAY OF PRAYER

On this National Day of Prayer, we welcome, Lord God, the privilege to join our fellow citizens throughout the Country in prayer. We pray not just because You have promised to hear us, but more so because of our need. And we confidently believe You are the sufficiency for our needs. First of all, we would pray in praise and thanksgiving for You to open Your hand to satisfy the desire of all. Then we pray in asking Your continual blessings, for life often becomes demanding with problems beyond our ability to solve alone. So teach us to pray; teach us to pray without ceasing. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. PHILLIPS moved that when the House adjourns, it adjourn in memory of former Representative Newton C. Taylor of Gaffney, which was agreed to.

REPORTS OF STANDING COMMITTEES

Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:

S. 277 (Word version) -- Senators Thomas, Giese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT SELLING URINE WITH THE INTENT TO DEFRAUD A DRUG


Printed Page 2887 . . . . . Thursday, May 6, 1999

SCREENING TEST IS A FELONY, AND TO PROVIDE A PENALTY.
Ordered for consideration tomorrow.

Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report on:

H. 3430 (Word version) -- Reps. Rodgers, Knotts, Clyburn, Gourdine, McGee, McKay, Woodrum, Lloyd, Ott, Townsend and Gilham: A BILL TO AMEND SECTION 56-5-2585, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF DISABLED VETERANS FROM PAYMENT OF MUNICIPAL PARKING METER FEES, SO AS TO INCLUDE PURPLE HEART RECIPIENTS IN THE EXEMPTION.
Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 797 (Word version) -- Senators Waldrep and O'Dell: A CONCURRENT RESOLUTION TO HONOR THE MEMORY OF FORMER STATE LAWMAKER WILLIAM LAW WATKINS, OF ANDERSON, WHO SERVED HIS NATIVE STATE OF SOUTH CAROLINA IN NUMEROUS OUTSTANDING WAYS THROUGHOUT HIS LONG AND PRODUCTIVE LIFE.

Whereas, the members of the General Assembly were deeply saddened to learn of the death of Mr. William Law Watkins on April 11, 1999; and

Whereas, Mr. Watkins was born on December 26, 1910, in Anderson, South Carolina, the son of T. Frank Watkins and Agnes Law Watkins; and

Whereas, Mr. Watkins attended the public schools in Anderson and in 1927 entered Wofford College, where after only three years he received his A.B. degree and was admitted to the University of Virginia School of Law; and


Printed Page 2888 . . . . . Thursday, May 6, 1999

Whereas, Mr. Watkins was elected to Phi Beta Kappa at the University of Virginia and he graduated from the Law School of the University of Virginia in 1933; and

Whereas, Mr. Watkins began practicing law upon graduation and continued virtually without interruption until his retirement in 1992, except for a period of four years' military service in World War II; and

Whereas, Mr. Watkins attained the rank of major in the United States Army, where he served in the 24th Infantry Division in the campaign liberating the Philippine Islands in World War II; and

Whereas, Mr. Watkins served Anderson County in the South Carolina General Assembly from 1935 to 1936, and he also served on the South Carolina Probation, Parole and Pardon Board from 1954 to 1969; and

Whereas, Mr. Watkins has served his local community in numerous ways as a leader, including terms as president of his Rotary Club, the Anderson Chamber of Commerce, the Anderson County Hospital Association, and the Anderson YMCA; and

Whereas, Mr. Watkins served as a life trustee of the Gambrill Foundation, as a trustee of Presbyterian College from 1966 to 1975, and as the first president of the South Carolina Bar Association; and

Whereas, Mr. Watkins served various tenures as a trustee or director of numerous outstanding businesses and industries; and

Whereas, Mr. Watkins was awarded the Order of the Palmetto by Governor David Beasley at the time his 64 years of Rotary membership was observed in 1997; and

Whereas, Mr. Watkins wrote and published a brief history of Anderson County titled "Anderson County: The Things That Made It Happen," and Mr. Watkins recently completed a history of Central Presbyterian Church in honor of his church's 100th birthday to be observed next year; and

Whereas, Mr. Watkins and his wife, Frances Cyton Watkins, parented four daughters, Sally (Mrs. Allen S. Marshall of Columbia, S.C.), Anna (Mrs. A.C. Hattaway III of Raleigh, N.C.), Betsy (Mrs. A.M.


Printed Page 2889 . . . . . Thursday, May 6, 1999

Kinghorn, Jr. of Greenville, S.C.), and Jane (Mrs. Roger W. Mudd of Columbia, S.C.); eight grandchildren; and one great-grandchild. Now, therefore,

Be it resolved by the Senate, the House of Representatives concurring:

That the members of the General Assembly recognize the long productive life of Mr. William Law Watkins, who in numerous admirable ways served his community and State as a fine gentleman, citizen and leader.

Be it further resolved that a copy of this resolution be forwarded to Mrs. William Law (Frances Cyton) Watkins.

The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

INTRODUCTION OF BILL

The following Bill was introduced, read the first time, and referred to appropriate committee:

S. 770 (Word version) -- Senators Bauer and Thomas: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF GAME, BY ADDING SECTION 50-11-1925 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANYONE TO IMPORT FROM OUT-OF-STATE, AND TO OWN, POSSESS, CONTROL, SELL, CONSUME, OR OTHERWISE DISPOSE OF VENISON AND ALLIGATOR JERKY PRODUCTS WITHIN THIS STATE ONLY IF THE VENISON AND ALLIGATOR JERKY PRODUCT IS PREPARED FROM NONNATIVE, FARM-RAISED DEER AND ALLIGATOR AND IS PROCESSED THROUGH GOVERNMENT-APPROVED FACILITIES AS A FOOD ITEM FOR HUMAN CONSUMPTION, TO PROVIDE FOR PERMITS FOR THE IMPORTATION AND SALE OF VENISON AND ALLIGATOR JERKY IN THIS STATE, TO PROVIDE THAT OUT-OF-STATE PRODUCERS AND VENDORS, AND IMPORTERS AND SELLERS OF VENISON AND ALLIGATOR JERKY IN THIS STATE MUST MAINTAIN RECORDS ADEQUATE TO PROVIDE THE DEPARTMENT OF NATURAL RESOURCES INFORMATION AS TO THE SOURCE OF THE DEER AND ALLIGATOR USED TO PRODUCE VENISON


Printed Page 2890 . . . . . Thursday, May 6, 1999

AND ALLIGATOR JERKY, AND TO PROVIDE THAT THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ENFORCE THE PROVISIONS OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs

ROLL CALL

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

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Battle
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Brown T.
Campsen                Carnell                Cato
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harris                 Harrison               Harvin
Haskins                Hawkins                Hayes
Hines J.               Hines M.               Hinson
Howard                 Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Littlejohn
Lloyd                  Lourie                 Lucas
Mack                   Maddox                 Martin
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              McMahand
Meacham                Miller                 Neilson
Ott                    Parks                  Phillips
Rice                   Riser                  Robinson
Rodgers                Sandifer               Scott
Sharpe                 Sheheen                Simrill
Smith D.               Smith F.               Smith J.
Smith R.               Stille                 Stuart
Taylor                 Townsend               Vaughn
Walker                 Webb                   Whatley

Printed Page 2891 . . . . . Thursday, May 6, 1999

Whipper                Wilder                 Wilkes
Wilkins                Woodrum                Young-Brickell

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on Thursday, May 6.

Converse Chellis                  Ralph Davenport
Jerry Govan                       Curtis Inabinett
Douglas Jennings                  Steve Lanford
H.B. "Chip" Limehouse             Dwight Loftis
Woodrow McKay                     Bessie Moody-Lawrence
Joseph Neal                       Clementa Pinckney
Richard Quinn                     Thomas Rhoad
Todd Rutherford                   Lynn Seithel
Daniel Tripp                      William Witherspoon

Total Present--117

LEAVE OF ABSENCE

The SPEAKER granted Rep. CANTY a leave of absence due to personal reasons.

LEAVE OF ABSENCE

The SPEAKER granted Rep. MOODY-LAWRENCE a temporary leave of absence.

LEAVE OF ABSENCE

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

SPECIAL PRESENTATION

Rep. LOURIE presented to the House Richland Northeast High School's Model United Nations Team and other school officials.

SPECIAL PRESENTATION

Rep. HARRISON presented to the House the Hammond School Boys Basketball Team, winners of the 1998-99 South Carolina Independent Schools' Association Championship, their coaches and other school officials.


Printed Page 2892 . . . . . Thursday, May 6, 1999

SENT TO THE SENATE

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

H. 4029 (Word version) -- Rep. Hayes: A JOINT RESOLUTION TO DISSOLVE THE DILLON COUNTY APPLIED TECHNOLOGY CENTER BOARD AND PROVIDE THAT ALL ITS POWERS, DUTIES, AND RESPONSIBILITIES ARE DEVOLVED UPON THE COUNTY BOARD OF EDUCATION OF DILLON COUNTY.

H. 3894 (Word version) -- Rep. D. Smith: A BILL TO AMEND SECTION 9-8-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE AND TRANSFER OF CREDITED SERVICE FOR PURPOSES OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO CONFORM THE VESTING REQUIREMENT FOR TRANSFERRING CREDITED SERVICE TO THE SOUTH CAROLINA RETIREMENT SYSTEM FOR A JUDGE OR SOLICITOR WHO ON TERMINATION DOES NOT QUALIFY FOR A BENEFIT UNDER THE JUDICIAL SYSTEM FROM TWELVE YEARS TO THE CURRENT REQUIREMENT FOR VESTING UNDER THE JUDICIAL RETIREMENT SYSTEM OF TEN YEARS FOR JUDGES AND EIGHT YEARS FOR SOLICITORS.

H. 4012 -- DEBATE ADJOURNED

Rep. NEAL moved to adjourn debate upon the following Joint Resolution, which was adopted:

H. 4012 (Word version) -- Reps. Neal, J. Brown, Quinn, Bales, Cotty, Harrison, Lourie, Rutherford, F. Smith, J. Smith and Scott: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH FORTY-FIVE MILE AN HOUR SPEED ZONES AND INSTALL FLASHING TRAFFIC SIGNALS AT CHURCHES LOCATED ON HIGHWAY 601 FROM THE KERSHAW COUNTY LINE TO HIGHWAY 378.


Printed Page 2893 . . . . . Thursday, May 6, 1999

H. 3928 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3928 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-33-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF HEALTH MAINTENANCE ORGANIZATIONS, SO AS TO PROVIDE THAT THOSE POWERS INCLUDE THE OFFERING OF AN OUT-OF NETWORK COVERAGE UNDER A POINT OF SERVICE OPTION, AND PROVIDE FOR THE PROMULGATION OF REGULATIONS; AND TO AMEND SECTION 38-33-80, AS AMENDED, RELATING TO THE PROVISION THAT EVERY ENROLLEE IN A HEALTH MAINTENANCE ORGANIZATION IS ENTITLED TO EVIDENCE OF COVERAGE, SO AS TO PROVIDE THAT FOR A POINT OF SERVICE OPTION OFFERED JOINTLY BY A HEALTH MAINTENANCE ORGANIZATION AND AN INSURER, ONLY ONE EVIDENCE OF COVERAGE IS REQUIRED.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11340JM99), which was adopted.
Amend the bill, as and if amended, page 1, by striking SECTION 1 and inserting:
/SECTION   1.   Section 38-33-50(A) of the 1976 Code is amended by adding:

"(8)   the offering of an out-of-network coverage under a point of service option; the Director of the Department of Insurance shall, by regulations and/or policy bulletin, implement the provisions of this item."/
Amend title to conform.

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

Rep. MASON explained the Bill.

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


Printed Page 2894 . . . . . Thursday, May 6, 1999

H. 3928 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. MASON, with unanimous consent, it was ordered that H. 3928 (Word version) be read the third time tomorrow.

ORDERED TO THIRD READING

The following Bills were taken up, read the second time, and ordered to a third reading:

H. 3865 (Word version) -- Reps. Cato, Mason, Cobb-Hunter, Knotts, Scott, Trotter, Cooper, Allison, Breeland, G. Brown, H. Brown, J. Brown, Davenport, Emory, Fleming, Harrison, Kelley, Kirsh, Klauber, Lanford, Lee, Littlejohn, Martin, M. McLeod, Meacham, Miller, Neilson, Rhoad, Riser, Robinson, Sandifer, Sharpe, R. Smith, Stille, Stuart, Townsend, Tripp, Walker, Whipper, Witherspoon, Simrill and Harvin: A BILL TO AMEND SECTIONS 34-26-300, 34-26-310, 34-26-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMATION OF CREDIT UNIONS AND PERSONS WHO ARE ELIGIBLE TO BE MEMBERS THEREOF SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY FORM A CREDIT UNION AND WHO MAY BE MEMBERS OF A CREDIT UNION; AND TO AMEND SECTION 34-26-860, AS AMENDED, RELATING TO LOANS MADE BY CREDIT UNIONS SECURED BY REAL ESTATE SO AS TO ADD VACATION HOMES TO THE AUTHORIZED LIST OF HOMES ON WHICH SECURED LOANS MAY BE MADE.
Rep. GAMBLE explained the Bill.

H. 3810 (Word version) -- Rep. Sheheen: A BILL TO AMEND SECTION 2-15-61, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCESS OF THE LEGISLATIVE AUDIT COUNCIL TO STATE AGENCY RECORDS, SO AS TO GRANT SUBPOENA POWERS TO THE COUNCIL AND TO PROVIDE THAT THE COUNCIL'S INFORMATION REQUESTS BE SENT TO THE CHIEF ADMINISTRATIVE OFFICER OF THE AGENCY BEING EXAMINED AND THAT WILFUL NONCOMPLIANCE WITH THAT REQUEST IS MISFEASANCE IN OFFICE; TO AMEND SECTION 2-15-120, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS OF THE LEGISLATIVE AUDIT COUNCIL, SO AS TO PROVIDE THAT AUDIT WORKING


Printed Page 2895 . . . . . Thursday, May 6, 1999

PAPERS ARE CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLOSURE AND TO PROVIDE THAT THE GENERAL ASSEMBLY, ITS STAFF, AND OTHER ENTITIES ARE SUBJECT TO THE CONFIDENTIALITY REQUIREMENTS AND PENALTIES WHILE PERFORMING AUDIT COMPLIANCE REVIEW DUTIES.

H. 3865 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. GAMBLE, with unanimous consent, it was ordered that H. 3865 (Word version) be read the third time tomorrow.

H. 3810 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. SHEHEEN, with unanimous consent, it was ordered that H. 3810 (Word version) be read the third time tomorrow.

H. 3735 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3735 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 79, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA REGULATION OF BURGLAR AND FIRE ALARM SYSTEM BUSINESSES ACT, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE REGULATION OF THE ALARM SYSTEM INDUSTRY.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name BBM\9333SOM99), which was adopted.
Amend the bill, as and if amended, Section 40-79-100(E), page 14, line 30, by adding after the /./:
/   Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board./


Printed Page 2896 . . . . . Thursday, May 6, 1999

so that when amended Section 40-79-100(E) shall read:
/   (E)   An entity or individual assessed administrative penalties may appeal those penalties to the board within fifteen days of receipt of the citation. If an appeal is filed, the department shall schedule a hearing before the board, which shall make a determination in the matter. If no appeal is filed, the citation is deemed a final order and the administrative penalties must be paid within thirty days of receipt of the citation. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board./
Amend the bill, as and if amended, Section 40-79-110(I), page 17, line 17, by adding after the / . /:
/ Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board.   / so when amended Section 40-79-110(I) shall read:
/   (I)   Unless otherwise directed by the board, the suspension, revocation, or restriction of a license or certificate shall become effective following the delivery to the licensee or qualifying party of a written decision of the board. Service of a petition for a review of the decision does not stay the board's decision pending completion of the appellate process in accordance with the Administrative Procedures Act. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board./
Amend the bill, as and if amended, Section 40-79-160, page 19, line 4, by adding after the / . /:
/   Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board.   / so when amended Section 40-79-160 shall read:
/ A person aggrieved by a final decision of the board may seek review of the decision in accordance with Section 40-1-160. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board./
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 2897 . . . . . Thursday, May 6, 1999

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

Rep. BAILEY explained the Bill.

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

H. 3735 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 3735 (Word version) be read the third time tomorrow.

H. 3908 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

H. 3908 (Word version) -- Rep. Bailey: A BILL TO AMEND CHAPTER 29, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS ADMINISTERED UNDER THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF MANUFACTURED HOME MANUFACTURERS, RETAIL DEALERS, SALES PERSONS, CONTRACTORS, INSTALLERS, AND REPAIRERS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name BBM\9332SOM99), which was adopted.
Amend the bill, as and if amended, Section 40-29-10(A)(8), page 21, lines 4-5, by striking / other than as a minority stockholder / so that when amended the subsection reads:
/   (8)   one member of the general public who must not be associated with any of the industries represented on the board; /
Amend the bill, as and if amended, Section 40-29-90(C), page 26, line 21, by adding after / . /:


Printed Page 2898 . . . . . Thursday, May 6, 1999

/   unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board.   /so that when amended the second paragraph of Section 40-29-90(C) reads:
/   The licensee must be given at least thirty days' notice of the time and place of the hearing and of the charges. A person aggrieved by a ruling of the board may appeal to an administrative law judge pursuant to the Administrative Procedures Act. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board.   /
amend the bill, as and if amended, Section 40-29-160, page 28, line 18, by adding after the / . /:
/   Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board.   / so that when amended Section 40-29-160 reads:
/   "Section 40-29-160.   A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board."   /
Amend title to conform.

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

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

H. 3908 -- ORDERED TO BE READ THIRD TIME TOMORROW

On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 3908 (Word version) be read the third time tomorrow.


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S. 398 -- POINT OF ORDER

The following Bill was taken up:

S. 398 (Word version) -- Senator Setzler: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 337 -- POINT OF ORDER

The following Bill was taken up:

S. 337 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND CERTAIN PROVISIONS OF CHAPTER 29 OF TITLE 34 AND CHAPTERS 1, 2, 3, AND 4 OF TITLE 37 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT TRANSACTIONS, SO AS TO, AMONG OTHER THINGS, REQUIRE THAT THE AMOUNT OF LIFE INSURANCE COVERAGE BE BASED UPON NET COVERAGE PLUS SIX MONTHLY PAYMENTS FOR LOANS WITH A TERM IN EXCESS OF SIXTY MONTHS; REQUIRE THE DEFINITION OF DISABILITY TO BE BASED UPON THE INSURED'S OWN OCCUPATION ON THE DATE OF DISABILITY FOR THE FIRST YEAR AND AN OCCUPATION WITH SUBSTANTIALLY EQUIVALENT REMUNERATION THEREAFTER; LOWER THE RATES FOR CREDIT LIFE INSURANCE; ADD A PROVISION


Printed Page 2900 . . . . . Thursday, May 6, 1999

RELATING TO UNFAIR CLAIMS PRACTICES; REQUIRE THAT CREDIT INSURANCE BE PORTABLE; REQUIRE THAT A POLICY MAY NOT BE CONTESTED UNLESS THE MISREPRESENTATION DIRECTLY CONTRIBUTES TO THE CONTINGENCY OR EVENT BY WHICH THE CLAIM ARISES; LOWER THE MAXIMUM PREMIUM FOR NON-FILING INSURANCE; ENHANCE CONSUMER DISCLOSURES; PROHIBIT NON-FILING INSURANCE AS A PERMITTED CHARGE FOR PURCHASE MONEY SECURITY INTEREST LOANS BEYOND APRIL 1, 2000; PROHIBIT A CHARGE FOR AND FILING OF A UCC SECURITY FORM FOR COLLATERAL THAT CANNOT BE USED AS SECURITY FOR A LOAN PURSUANT TO LAW; AND TO REQUIRE THAT IT MUST BE THE CONSUMER'S CHOICE TO PURCHASE INSURANCE FOR LESS THAN THE LENGTH OF THE LOAN.

POINT OF ORDER

Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

S. 454 -- POINT OF ORDER

The following Bill was taken up:

S. 454 (Word version) -- Senator Land: A BILL TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.
Rep. PARKS explained the Bill.

POINT OF ORDER

Rep. YOUNG-BRICKELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.


Printed Page 2901 . . . . . Thursday, May 6, 1999

SPEAKER PRO TEMPORE IN CHAIR

S. 333 -- POINT OF ORDER

The following Bill was taken up:

S. 333 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 40-30-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWAL FOR MASSAGE/BODY WORK THERAPISTS SO AS TO EXEMPT FROM CONTINUING EDUCATION THERAPISTS WHO HAVE BEEN IN PRACTICE FOR TWENTY-FIVE YEARS CONTINUOUSLY; TO AMEND SECTION 40-30-190 RELATING TO PROMULGATION OF REGULATIONS CONCERNING CONTINUING EDUCATION REQUIREMENTS SO AS TO CLARIFY THESE REQUIREMENTS.

POINT OF ORDER

Rep. YOUNG-BRICKELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.

S. 679 -- POINT OF ORDER

The following Joint Resolution was taken up:

S. 679 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY REGARDING BUILDINGS, USE OF HAZARDOUS SUBSTANCES, EXPLOSIVES, SERVICE STATIONS, LIQUEFIED PETROLEUM GAS, TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, FIRE EXTINGUISHERS, LOCAL DETENTION FACILITIES, AND PROXIMATE AUDIENCE PYROTECHNICS DESIGNATED AS REGULATION DOCUMENT NUMBER 2410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.


Printed Page 2902 . . . . . Thursday, May 6, 1999

POINT OF ORDER

Rep. YOUNG-BRICKELL made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.

S. 199 -- POINT OF ORDER

The following Bill was taken up:

S. 199 (Word version) -- Senators J. Verne Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD


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DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.

POINT OF ORDER

Rep. YOUNG-BRICKELL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.

H. 3826 -- DEBATE ADJOURNED

Rep. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, May 25, which was adopted:

H. 3826 (Word version) -- Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.


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H. 4000 -- POINT OF ORDER

The following Bill was taken up:

H. 4000 (Word version) -- Reps. Hamilton, Wilkins, Townsend, Altman, Bales, Battle, Barrett, Beck, G. Brown, H. Brown, Canty, Carnell, Clyburn, Cooper, Cotty, Dantzler, Davenport, Easterday, Emory, Gilham, Gourdine, Harrell, Hayes, J. Hines, M. Hines, Hinson, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Maddox, Martin, Mason, McCraw, McGee, Miller, Parks, Phillips, Rodgers, Sandifer, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Vaughn, Young-Brickell and Simrill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 75 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999" WHICH AUTHORIZES THE STATE DEPARTMENT OF EDUCATION TO GRANT WAIVERS TO SCHOOLS AND SCHOOL DISTRICTS FROM SPECIFIED STATE STATUTORY AND REGULATORY EDUCATIONAL REQUIREMENTS UNDER CERTAIN CONDITIONS.
Rep. HAMILTON explained the Bill.

POINT OF ORDER

Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.

SPEAKER IN CHAIR

H. 4017 -- REQUEST FOR DEBATE WITHDRAWN

Rep. CLYBURN withdrew his request for debate on H. 4017; however, other requests for debate remained on the Bill.

H. 3641 -- OBJECTION AND REQUEST FOR DEBATE WITHDRAWN

Reps. SIMRILL and KEEGAN withdrew their objection and request for debate on H. 3641; however, other objections and requests for debate remained on the Bill.


Printed Page 2905 . . . . . Thursday, May 6, 1999

H. 4017 -- REQUESTS FOR DEBATE WITHDRAWN

Reps. LLOYD and BALES withdrew their requests for debate on H. 4017; however, other requests for debate remained on the Bill.

H. 3216 -- REQUEST FOR DEBATE WITHDRAWN

Rep. JENNINGS withdrew his request for debate on H. 3216; however, other requests for debate remained on the Bill.

OBJECTION TO RECALL

Rep. COBB-HUNTER asked unanimous consent to recall S. 60 (Word version) from the Committee on Judiciary.
Rep. HARRISON objected.

OBJECTION TO RECALL

Rep. VAUGHN asked unanimous consent to recall S. 749 (Word version) from the Committee on Ways and Means.
Rep. HOWARD objected.

OBJECTION TO RECALL

Rep. W. MCLEOD asked unanimous consent to recall H. 3827 (Word version) from the Committee on Ways and Means.
Rep. TRIPP objected.

H. 3963 - RECALLED FROM COMMITTEE ON WAYS AND MEANS

On motion of Rep. QUINN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

H. 3963 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 12-43-217, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM, SO AS TO PROVIDE FOR A DELAY IN THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM SUCH A PROGRAM IN JURISDICTIONS WHICH CROSS COUNTY LINES EXCEPT WHERE ALL COUNTIES IN WHICH THE JURISDICTIONS LOCATED SIMULTANEOUSLY IMPLEMENT SUCH A PROGRAM.


Printed Page 2906 . . . . . Thursday, May 6, 1999

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall S. 351 (Word version) from the Committee on Labor, Commerce and Industry.
Rep. HOWARD objected.

OBJECTION TO RECALL

Rep. HASKINS asked unanimous consent to recall H. 3827 (Word version) from the Committee on Ways and Means.
Rep. ROBINSON objected.

OBJECTION TO RECALL

Rep. LIMEHOUSE asked unanimous consent to recall H. 3883 (Word version) from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. KELLEY objected.

OBJECTION TO RECALL

Rep. RODGERS asked unanimous consent to recall H. 3077 (Word version) from the Committee on Ways and Means.
Rep. SHEHEEN objected.

OBJECTION TO RECALL

Rep. HARRISON asked unanimous consent to recall S. 749 (Word version) from the Committee on Ways and Means.
Rep. HOWARD objected.

H. 3002 -- POINT OF ORDER

The Senate amendments to the following Bill were taken up for consideration:

H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Edge, Robinson, Emory, McCraw, W. McLeod and J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY


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POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.

POINT OF ORDER

Rep. RICE made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.

MOTION PERIOD

The motion period was dispensed with on motion of Rep. RICE.

H. 3131 -- DEBATE ADJOURNED

The following Bill was taken up:

H. 3131 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA CAMPUS SEXUAL ASSAULT INFORMATION ACT" WHICH REQUIRES INSTITUTIONS OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION, AWARENESS, AND REMEDIES FOR CAMPUS SEXUAL ASSAULT.

Rep. HASKINS moved to adjourn debate on the Bill.

Rep. SCOTT moved to table the motion, which was rejected.

The question then recurred to the motion to adjourn debate, which was agreed to.

S. 379 -- AMENDED AND ORDERED TO THIRD READING

The following Bill was taken up:

S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington,


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Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott and Peeler: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\3458MM99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 146
Public School Facilities Improvement Fund Act of 1999

Section 59-146-10.   This chapter may be cited as the 'Public School Facilities Improvement Fund Act of 1999'.

Section 59-146-20.   The General Assembly finds that:

(1)   For the next five years, there is a need in the amount of $3,998,975,400 for the building and renovation of public school facilities in this State;

(2)   There is scheduled or planned funding of these needs in the sum of only $1,424,957,400;

(3)   There is a statewide funding shortfall of $2,574,018,000 to meet these public school facility needs;

(4)   It is necessary and desirable to provide state assistance for construction and renovation of public school facilities.

Section 59-146-30.   As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'Coin-operated device' means the nonpayout electronic machine which is licensed pursuant to Section 12-21-2720(A)(3).

(3)   'Education Lottery Account' means any funds deposited in an account created and funded for education as a result of the authorization for operation of a statewide lottery.

(4)   'Local school district' means a public body corporate and politic operating as a school district pursuant to Section 59-1-160.


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(5)   'Net machine income' means the amount of money that goes into a coin-operated device, less winnings.

(6)   'Value engineering' means a systematic approach of seeking the best functional balance between cost, reliability, and performance of a building design.

Section 59-146-40.   There is created in the state treasury an account, separate and distinct from the general fund, titled the 'Public School Facilities Improvement Fund of 1999'. Funds deposited in the account must be allocated as provided in this chapter for the funding of construction and renovation of public school facilities. Any interest earned by the funds in the account must remain in the account and must be allocated to the several school districts of the State with cash balances in the fund, each to the extent the interest is attributable to each of their balances.

Section 59-146-50.   (A)   The account described in Section 59-146-40 must be funded by the revenues collected from a fifteen percent tax hereby imposed on the net machine income of coin-operated devices. In the alternative, should the tax rate otherwise imposed on the net machine income of coin-operated devices exceed fifteen percent, the account must be funded by the revenues representing the collection of the first twenty percent of the tax otherwise imposed.

(B)     Beginning July 1, 2000, and ending June 30, 2008, the State Treasurer must transfer annually one hundred twenty-five million dollars of revenues derived from the tax on net machine income as described in subsection (A) to the Public School Facilities Improvement Fund.

(C)   If revenues derived from the tax on net machine income do not amount to one hundred twenty-five million dollars in any one fiscal year, the State Treasurer must transfer from the Educational Lottery Account to the Public School Facilities Improvement Fund, as the first priority, a sum sufficient to attain the total transfer amount of one hundred twenty-five million dollars.

Section 59-146-60.   (A)(1)   Monies in the Public School Facilities Improvement Fund must be allocated annually to the state's several local school districts based on a district's second preceding year 135-day average daily membership, divided by the statewide second preceding year 135-day average daily membership times the funds available.

(2)   In making the annual allocation pursuant to this chapter, the department shall ensure that each local school district


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receives an amount no less than one-eighth of the allocation the district would receive pursuant to a total statewide allocation of seven hundred fifty million dollars as provided by the Public School Facilities Assistance Program of the Children's Education Endowment Fund of 1996.

(B)     A local school district may use monies from the Public School Facilities Improvement Fund to meet its current construction and renovation needs or to retire its existing debt incurred by reason of facilities improvement.

Section 59-146-70.   The department shall ensure that the local school district facility plan utilizes value engineering to achieve optimum cost effectiveness."
SECTION   2.   This section takes effect July 1, 1999. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. HARRELL explained the amendment.
Rep. HAYES spoke against the amendment.
Rep. SHEHEEN spoke against the amendment.
Rep. GOVAN spoke against the amendment.
Rep. J. SMITH spoke against the amendment.
Rep. W. MCLEOD spoke against the amendment.

MOTION NOTED

Rep. SHARPE moved to reconsider the vote whereby debate was adjourned on H. 3826 (Word version) until Tuesday, May 25 and the motion was noted.

Rep. W. MCLEOD continued speaking.
Rep. KENNEDY spoke against the amendment.
Rep. SCOTT spoke against the amendment.
Rep. G. BROWN spoke against the amendment.
Rep. BAILEY spoke against the amendment.
Rep. HASKINS moved cloture on the entire matter.

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

Yeas 49; Nays 59


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Those who voted in the affirmative are:
Allison                Altman                 Barfield
Barrett                Brown H.               Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Easterday
Edge                   Gilham                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Keegan                 Kelley
Knotts                 Koon                   Lanford
Law                    Leach                  Loftis
Lucas                  Martin                 McGee
Meacham                Quinn                  Rice
Riser                  Rodgers                Sandifer
Seithel                Simrill                Smith D.
Smith F.               Smith R.               Townsend
Vaughn                 Walker                 Whatley
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--49

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Beck                   Bowers
Breeland               Brown G.               Carnell
Clyburn                Cobb-Hunter            Delleney
Emory                  Fleming                Gamble
Gourdine               Govan                  Harris
Harvin                 Hawkins                Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Kirsh
Klauber                Lee                    Littlejohn
Lloyd                  Lourie                 Mack
Maddox                 Mason                  McLeod M.
McLeod W.              McMahand               Miller
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Robinson               Rutherford
Scott                  Sharpe                 Sheheen
Smith J.               Stille                 Stuart
Taylor                 Tripp                  Whipper

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Wilder                 Wilkes

Total--59

So, cloture was not ordered.

Rep. JENNINGS spoke against the amendment.

Rep. COBB-HUNTER moved that the House do now adjourn.

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

Yeas 51; Nays 59

Those who voted in the affirmative are:

Allen                  Bailey                 Bales
Bowers                 Breeland               Brown G.
Carnell                Clyburn                Cobb-Hunter
Delleney               Edge                   Emory
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Klauber
Lanford                Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rutherford
Scott                  Smith F.               Smith J.
Stuart                 Taylor                 Whatley
Whipper                Wilder                 Wilkes

Total--51

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Fleming

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Gilham                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Kirsh                  Knotts                 Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 Mason                  McGee
Meacham                Miller                 Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith R.               Stille
Townsend               Tripp                  Vaughn
Walker                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--59

So, the House refused to adjourn.

Rep. JENNINGS continued speaking.

SPEAKER PRO TEMPORE IN CHAIR

Rep. JENNINGS continued speaking.
Rep. JENNINGS spoke against the amendment.

Rep. G. BROWN moved that the House do now adjourn.

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

Yeas 49; Nays 59

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bowers                 Breeland               Brown G.
Carnell                Clyburn                Cobb-Hunter
Delleney               Emory                  Gamble
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Howard                 Inabinett              Jennings

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Kennedy                Klauber                Lanford
Lee                    Lloyd                  Lourie
Mack                   Maddox                 McCraw
McLeod M.              McLeod W.              McMahand
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Simrill                Smith F.               Smith J.
Stuart                 Whipper                Wilder
Wilkes

Total--49

Those who voted in the negative are:

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

Total--59

So, the House refused to adjourn.

Rep. JENNINGS continued speaking.
Rep. HARVIN spoke against the amendment.


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SPEAKER IN CHAIR

Rep. HARVIN continued speaking.

Rep. WILKES moved that the House do now adjourn.

POINT OF ORDER

Rep. FLEMING raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the Chair.

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

Yeas 49; Nays 57

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Clyburn                Cobb-Hunter
Delleney               Emory                  Gamble
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Howard                 Inabinett              Jennings
Kennedy                Klauber                Lanford
Lee                    Lloyd                  Lourie
Mack                   Maddox                 McCraw
McLeod M.              McLeod W.              McMahand
Miller                 Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rutherford
Scott                  Smith F.               Smith J.
Stuart                 Whipper                Wilder
Wilkes

Total--49

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler

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Davenport              Easterday              Edge
Fleming                Gilham                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Keegan
Kelley                 Kirsh                  Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 Mason                  McGee
Meacham                Quinn                  Rice
Riser                  Rodgers                Sandifer
Seithel                Sharpe                 Sheheen
Simrill                Smith D.               Smith R.
Stille                 Taylor                 Townsend
Vaughn                 Walker                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--57

So, the House refused to adjourn.

Rep. HARVIN continued speaking.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARVIN continued speaking.

Rep. KNOTTS moved that the House recede until 3:00 P.M.

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

Yeas 28; Nays 75

Those who voted in the affirmative are:

Allen                  Askins                 Bales
Breeland               Carnell                Clyburn
Cobb-Hunter            Delleney               Emory
Govan                  Harvin                 Howard
Jennings               Kennedy                Lee
Littlejohn             Mack                   McGee
McMahand               Miller                 Neal
Ott                    Pinckney               Rhoad

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Sheheen                Smith F.               Smith J.
Whipper

Total--28

Those who voted in the negative are:

Allison                Altman                 Bailey
Barfield               Beck                   Bowers
Brown H.               Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Easterday
Edge                   Fleming                Gamble
Gilham                 Hamilton               Harrell
Harris                 Harrison               Haskins
Hayes                  Hinson                 Inabinett
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Lloyd                  Loftis
Lourie                 Lucas                  Martin
Mason                  McCraw                 McLeod M.
McLeod W.              Meacham                Neilson
Parks                  Phillips               Quinn
Rice                   Riser                  Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Simrill
Smith D.               Smith R.               Stille
Stuart                 Taylor                 Townsend
Tripp                  Vaughn                 Walker
Whatley                Wilder                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--75

So, the House refused to recede.

Rep. OTT spoke against the amendment.

Rep. G. BROWN moved that the House do now adjourn.


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

Yeas 53; Nays 55

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Davenport              Delleney
Emory                  Gamble                 Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Klauber
Knotts                 Lanford                Lee
Lloyd                  Lourie                 Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              McMahand               Miller
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Sheheen                Smith F.               Smith J.
Stuart                 Whatley                Whipper
Wilder                 Wilkes

Total--53

Those who voted in the negative are:

Allison                Altman                 Barfield
Beck                   Brown H.               Campsen
Cato                   Chellis                Cooper
Cotty                  Dantzler               Easterday
Edge                   Gilham                 Hamilton
Harrell                Harrison               Haskins
Hawkins                Hinson                 Keegan
Kelley                 Kirsh                  Koon
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 Mason                  McGee
Meacham                Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe

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Simrill                Smith D.               Smith R.
Stille                 Taylor                 Townsend
Tripp                  Vaughn                 Walker
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--55

So, the House refused to adjourn.

Rep. SEITHEL moved cloture on the entire matter.

The yeas and nays were taken resulting as follows:

Yeas 53; Nays 52

Those who voted in the affirmative are:

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

Total--53

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn

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Cobb-Hunter            Davenport              Delleney
Emory                  Gamble                 Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Kirsh
Knotts                 Lee                    Lloyd
Lourie                 Mack                   McCraw
McLeod M.              McLeod W.              McMahand
Miller                 Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith F.
Smith J.               Stille                 Stuart
Whatley                Whipper                Wilder
Wilkes

Total--52

So, having failed to receive the necessary vote, cloture was rejected.

RULE 3.9 INVOKED

Rep. KNOTTS moved that Rule 3.9 be invoked. The motion was seconded by ten members and the SPEAKER ordered that the absent members be sent for.

RULE 3.9 RESCINDED

Rep. COOPER moved to rescind Rule 3.9.

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

Yeas 55; Nays 54

Those who voted in the affirmative are:

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

Printed Page 2921 . . . . . Thursday, May 6, 1999

Kirsh                  Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
Mason                  McGee                  Meacham
Quinn                  Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith D.
Smith R.               Stille                 Townsend
Tripp                  Vaughn                 Walker
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--55

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Davenport              Emory
Gamble                 Govan                  Harris
Harrison               Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Klauber
Knotts                 Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rice                   Rutherford             Scott
Sheheen                Smith F.               Smith J.
Stuart                 Taylor                 Whatley
Whipper                Wilder                 Wilkes

Total--54

So, Rule 3.9 was rescinded.

RULE 3.9 INVOKED

Rep. HOWARD moved that Rule 3.9 be invoked.


Printed Page 2922 . . . . . Thursday, May 6, 1999

POINT OF ORDER

Rep. EASTERDAY raised a Point of Order that under House Rule 8.3, no dilatory motion shall be entertained by the Speaker.
Rep. COBB-HUNTER argued contra.
Rep. HOWARD argued contra.
SPEAKER PRO TEMPORE HASKINS stated that based on the current circumstances that the vote having been by one vote and that this was only the second time that Rule 3.9 had been raised, he overruled the Point of Order.

Rep. QUINN moved to rescind Rule 3.9.

Rep. GAMBLE moved that the House do now adjourn.

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

Yeas 54; Nays 55

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Delleney               Emory
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hawkins
Hayes                  Hines J.               Howard
Inabinett              Jennings               Kennedy
Klauber                Knotts                 Lee
Lloyd                  Lourie                 Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              McMahand               Miller
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Sheheen                Simrill                Smith F.
Smith J.               Stuart                 Whatley
Whipper                Wilder                 Wilkes

Total--54


Printed Page 2923 . . . . . Thursday, May 6, 1999

Those who voted in the negative are:
Allison                Altman                 Barfield
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Fleming                Gilham                 Hamilton
Harrell                Harrison               Haskins
Hinson                 Keegan                 Kelley
Kirsh                  Koon                   Law
Leach                  Limehouse              Loftis
Lucas                  Martin                 Mason
McGee                  Meacham                Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Smith D.               Smith R.
Stille                 Taylor                 Townsend
Tripp                  Vaughn                 Walker
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--55

So, the House refused to adjourn.

RULE 3.9 NOT RESCINDED

Rep. QUINN moved to rescind Rule 3.9.

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

Yeas 51; Nays 56

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Easterday
Edge                   Fleming                Gilham
Hamilton               Harrell                Haskins
Hawkins                Hinson                 Keegan
Kelley                 Kirsh                  Koon

Printed Page 2924 . . . . . Thursday, May 6, 1999

Lanford                Leach                  Limehouse
Littlejohn             Loftis                 Lucas
Martin                 Mason                  McGee
Meacham                Quinn                  Riser
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith D.
Smith R.               Townsend               Tripp
Vaughn                 Walker                 Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--51

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Dantzler               Davenport
Delleney               Emory                  Gamble
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Howard                 Inabinett              Jennings
Kennedy                Klauber                Knotts
Law                    Lee                    Lloyd
Lourie                 Mack                   McCraw
McLeod M.              McLeod W.              McMahand
Miller                 Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rice
Rutherford             Sheheen                Smith F.
Smith J.               Stille                 Stuart
Taylor                 Whatley                Whipper
Wilder                 Wilkes

Total--56

So, Rule 3.9 was not rescinded.

SPEAKER IN CHAIR

Rep. OTT continued speaking.
Rep. OTT spoke against the amendment.


Printed Page 2925 . . . . . Thursday, May 6, 1999

ACTING SPEAKER CATO IN CHAIR

Rep. OTT continued speaking.

Rep. G. BROWN moved that the House do now adjourn.

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

Yeas 55; Nays 55

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Delleney               Emory
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hawkins
Hayes                  Hines J.               Howard
Inabinett              Jennings               Kennedy
Klauber                Knotts                 Lee
Lloyd                  Lourie                 Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              McMahand               Miller
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Sheheen                Simrill                Smith F.
Smith J.               Stille                 Stuart
Whatley                Whipper                Wilder
Wilkes

Total--55

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Fleming                Gilham                 Hamilton
Harrell                Harrison               Haskins

Printed Page 2926 . . . . . Thursday, May 6, 1999

Hinson                 Keegan                 Kelley
Kirsh                  Koon                   Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
Mason                  McGee                  Meacham
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Smith D.
Smith R.               Taylor                 Townsend
Tripp                  Vaughn                 Walker
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--55

So, the House refused to adjourn.

SPEAKER IN CHAIR

Rep. HOWARD spoke against the amendment.

ACTING SPEAKER CATO IN CHAIR

Rep. HOWARD continued speaking.
Rep. HOWARD spoke against the amendment.

Rep. G. BROWN moved that the House do now adjourn.

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

Yeas 49; Nays 55

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Delleney               Emory
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Lee

Printed Page 2927 . . . . . Thursday, May 6, 1999

Lloyd                  Lourie                 Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              McMahand               Miller
Neal                   Neilson                Ott
Parks                  Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Smith F.               Smith J.               Stille
Stuart                 Whipper                Wilder
Wilkes

Total--49

Those who voted in the negative are:

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

Total--55

So, the House refused to adjourn.

Rep. HOWARD continued speaking.

SPEAKER IN CHAIR


Printed Page 2928 . . . . . Thursday, May 6, 1999

Rep. HOWARD continued speaking.

Rep. HOWARD moved to adjourn debate on the Bill until Tuesday, May 11.

Rep. ROBINSON moved to table the motion.

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

Yeas 57; Nays 52

Those who voted in the affirmative are:

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

Total--57

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Davenport              Delleney
Emory                  Gamble                 Gourdine
Govan                  Harris                 Harvin

Printed Page 2929 . . . . . Thursday, May 6, 1999

Hayes                  Hines J.               Howard
Inabinett              Jennings               Kennedy
Klauber                Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Neal
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith F.
Smith J.               Stille                 Stuart
Whatley                Whipper                Wilder
Wilkes

Total--52

So, the motion to table was agreed to.

Rep. EASTERDAY moved cloture on the entire matter.

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

Yeas 59; Nays 51

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Cotty                  Dantzler
Easterday              Edge                   Fleming
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hawkins
Hinson                 Keegan                 Kelley
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Loftis
Lucas                  Martin                 Mason
McGee                  Meacham                Phillips
Quinn                  Rice                   Riser
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith D.
Smith R.               Taylor                 Townsend

Printed Page 2930 . . . . . Thursday, May 6, 1999

Tripp                  Vaughn                 Walker
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--59

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Davenport              Delleney
Emory                  Gamble                 Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines J.               Howard
Inabinett              Jennings               Kennedy
Kirsh                  Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Neal
Neilson                Ott                    Parks
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith F.
Smith J.               Stille                 Stuart
Whipper                Wilder                 Wilkes

Total--51

So, cloture was ordered.

Rep. SCOTT moved that the House do now adjourn.

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

Yeas 52; Nays 59

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Davenport              Delleney
Emory                  Gamble                 Gourdine

Printed Page 2931 . . . . . Thursday, May 6, 1999

Govan                  Harris                 Harvin
Hayes                  Hines J.               Howard
Inabinett              Jennings               Kennedy
Klauber                Lee                    Lloyd
Lourie                 Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Smith F.               Smith J.               Stille
Stuart                 Whipper                Wilder
Wilkes

Total--52

Those who voted in the negative are:

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

Total--59

So, the House refused to adjourn.


Printed Page 2932 . . . . . Thursday, May 6, 1999

Rep. HOWARD moved that the House recede until 4:30 P.M.

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

Yeas 25; Nays 80

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bowers                 Breeland               Cobb-Hunter
Emory                  Govan                  Hamilton
Kennedy                Lee                    Lloyd
Lourie                 Mack                   Maddox
McLeod M.              Miller                 Neal
Parks                  Pinckney               Rhoad
Scott                  Smith F.               Smith J.
Whipper

Total--25

Those who voted in the negative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Brown H.               Campsen                Carnell
Cato                   Chellis                Cooper
Cotty                  Dantzler               Davenport
Delleney               Easterday              Edge
Fleming                Gamble                 Gilham
Gourdine               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hinson                 Howard
Inabinett              Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Lucas                  Martin
Mason                  McCraw                 McGee
McLeod W.              Meacham                Neilson
Ott                    Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Rutherford             Sandifer
Seithel                Sharpe                 Sheheen

Printed Page 2933 . . . . . Thursday, May 6, 1999

Simrill                Smith D.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Tripp                  Vaughn
Walker                 Whatley                Wilder
Wilkes                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--80

So, the House refused to recede until 4:30 P.M.

Rep. PINCKNEY spoke against the amendment.
Rep. CARNELL spoke against the amendment.
Rep. HARRELL spoke in favor of the amendment.
Rep. SCOTT moved to table the amendment.

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

Yeas 53; Nays 58

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Delleney               Emory
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Klauber
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Smith F.               Smith J.               Stille
Stuart                 Taylor                 Whipper
Wilder                 Wilkes

Total--53


Printed Page 2934 . . . . . Thursday, May 6, 1999

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

Total--58

So, the House refused to table the amendment.

Rep. JENNINGS moved that the House do now adjourn.

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

Yeas 52; Nays 59

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Delleney               Emory
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Klauber

Printed Page 2935 . . . . . Thursday, May 6, 1999

Lee                    Lloyd                  Lourie
Mack                   Maddox                 McCraw
McLeod M.              McLeod W.              McMahand
Miller                 Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith F.
Smith J.               Stille                 Stuart
Taylor                 Whipper                Wilder
Wilkes

Total--52

Those who voted in the negative are:

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

Total--59

So, the House refused to adjourn.

The question then recurred to the adoption of the amendment.


Printed Page 2936 . . . . . Thursday, May 6, 1999

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

Yeas 61; Nays 49

Those who voted in the affirmative are:

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

Total--61

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Delleney               Emory
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Klauber                Lee
Lloyd                  Lucas                  Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              McMahand               Miller

Printed Page 2937 . . . . . Thursday, May 6, 1999

Neal                   Ott                    Parks
Phillips               Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Smith F.               Stille                 Stuart
Taylor                 Whipper                Wilder
Wilkes

Total--49

So, the amendment was adopted.

AMENDMENT NO. 1 -- MOTION TO RECONSIDER TABLED

Rep. RICE moved to reconsider the vote whereby Amendment No. 1 was adopted.

Rep. HARRELL moved to table the motion to reconsider.

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

Yeas 61; Nays 50

Those who voted in the affirmative are:

Allison                Altman                 Bales
Barfield               Barrett                Beck
Brown H.               Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Easterday              Edge
Fleming                Gilham                 Hamilton
Harrell                Harrison               Harvin
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Kirsh
Koon                   Lanford                Law
Leach                  Limehouse              Littlejohn
Loftis                 Lourie                 Martin
Mason                  McGee                  Meacham
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith D.               Smith J.               Smith R.
Stille                 Townsend               Tripp

Printed Page 2938 . . . . . Thursday, May 6, 1999

Vaughn                 Walker                 Whatley
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--61

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bowers                 Breeland               Brown G.
Carnell                Clyburn                Cobb-Hunter
Davenport              Delleney               Emory
Gamble                 Gourdine               Govan
Harris                 Hayes                  Hines J.
Howard                 Inabinett              Jennings
Kennedy                Klauber                Knotts
Lee                    Lloyd                  Lucas
Mack                   Maddox                 McCraw
McLeod M.              McLeod W.              McMahand
Miller                 Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Rhoad                  Rutherford
Scott                  Sheheen                Smith F.
Stuart                 Taylor                 Whipper
Wilder                 Wilkes

Total--50

So, the motion to reconsider was tabled.

Rep. HARRELL proposed the following Amendment No. 2 (Doc Name DKA\AMEND\3484MM99):
Amend the report of the Committee on Ways and Means, as and if amended, page 379-1, beginning on line 33, by deleting Section 59-146-20, as contained in SECTION 1, in its entirety.
Amend title to conform.

Rep. HARRELL explained the amendment.

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


Printed Page 2939 . . . . . Thursday, May 6, 1999

Rep. HARRELL proposed the following Amendment No. 3 (Doc Name DKA\AMEND\3500HTC99):
Amend the report of the Committee on Ways and Means, as and if amended, page 379-3, line 21, by deleting SECTION 2 in its entirety and inserting:
/ SECTION   2.   This act takes effect July 1, 1999. /
Amend title to conform.

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

Reps. SIMRILL, RICE, ROBINSON, HASKINS, VAUGHN, CATO, BECK, MASON and D. SMITH proposed the following Amendment No. 4 (Doc Name GGS\AMEND\22323MM99), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, page 379-2, Section 59-146-50, SECTION 1, by inserting after line 42:
/   (D)   In addition to, and notwithstanding the amounts otherwise allocated pursuant to this section, surplus general fund revenues in excess of those officially recognized by the Board of Economic Advisors annually must be transferred to and deposited in the Public School Facilities Improvement Fund. These funds must be allocated in the manner as provided in Section 59-146-60(A). This transfer expires when the amount of monies in the Public School Facilities Fund reaches the sum of one billion dollars. /
Reletter subsections to conform.
Amend title to conform.

Rep. EASTERDAY explained the amendment.

Rep. JENNINGS moved that the House do now adjourn.

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

Yeas 49; Nays 59

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Barfield               Bowers
Breeland               Brown G.               Carnell

Printed Page 2940 . . . . . Thursday, May 6, 1999

Clyburn                Cobb-Hunter            Delleney
Edge                   Emory                  Gourdine
Govan                  Harris                 Harvin
Hayes                  Hines J.               Howard
Inabinett              Jennings               Kennedy
Klauber                Lee                    Lourie
Mack                   Maddox                 McCraw
McLeod M.              McLeod W.              McMahand
Miller                 Neal                   Ott
Parks                  Phillips               Pinckney
Rhoad                  Rutherford             Scott
Sheheen                Simrill                Smith F.
Smith J.               Stille                 Whipper
Wilder

Total--49

Those who voted in the negative are:

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

Total--59


Printed Page 2941 . . . . . Thursday, May 6, 1999

So, the House refused to adjourn.

The amendment was then adopted.

RULE 3.9 NOT RESCINDED

Rep. TRIPP moved to rescind Rule 3.9, which was rejected by a division vote of 32 to 40.

The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 5 (Doc Name KGH\AMEND\15672DC99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Chapter 1, Title 48 of the 1976 Code is amended by adding:

"Section 48-1-83.   (A)   The department shall not allow a depression in dissolved oxygen concentration greater than 0.10 mg/l in a naturally low dissolved oxygen waterbody unless the requirements of this section are all satisfied. The provisions of this section apply in addition to any standards for a dissolved oxygen depression in a naturally low dissolved oxygen waterbody promulgated by the department by regulation.

(B)   A party seeking a site specific effluent limit related to dissolved oxygen pursuant to this section must notify the department in writing of its intent to obtain the depression. Upon receipt of the written notice of this intent, the department shall within thirty days publish a public notice indicating the party seeking the dissolved oxygen depression and the specific site for which the dissolved oxygen depression is sought in addition to the department's usual public notice procedures. The notice shall be in the form of an advertisement in a newspaper of statewide circulation and in the local newspaper with the greatest general circulation in the affected area. If within thirty days of the publication of the public notice the department receives a request to hold a public hearing from at least twenty citizens or residents of the county or counties affected, the department shall conduct such a hearing. The hearing must be conducted at an appropriate location near the specific site for which the dissolved oxygen depression is sought and must be held within ninety days of the publication of the initial public notice by the department.

(C)   The party seeking a site specific effluent limit related to dissolved oxygen must conduct a study:


Printed Page 2942 . . . . . Thursday, May 6, 1999

(1)   to determine natural dissolved oxygen conditions at the specific site for which the depression is sought. The study must use an appropriate reference site. The reference site is not restricted to the State but must have similar geography, environmental setting, and climatic conditions. However, if an appropriate reference site cannot be located, the party may use a site-specific dynamic water quality model. If available, a multi-dimensional dynamic water quality model may be used.

(2)   to assess the ability of aquatic resources at the specific site for which the dissolved oxygen depression is sought to tolerate the proposed dissolved oxygen depression.

(D)   The department, the Department of Natural Resources, and the United States Environmental Protection Agency must approve the methodology employed in the study required by subsection (C).

(E)   The department shall provide the following agencies sixty thirty days in which to review and provide comments on the design of the scientific study required in (C):

(1)   the United States Fish & Wildlife Service of the United States Department of the Interior;

(2)   the United States Geological Survey of the United States Department of the Interior; and

(3)   the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.

The department and the Department of Natural Resources shall select and convene a science peer review committee to review the design of the study as required by subsection (C). After consideration of these comments, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur on the final design before initiation of a study. Justification of any objection to the study design must be based solely on the greater weight of scientific considerations.

(F)   The department shall provide the following agencies sixty days to review and comment on the results of the studies required in (C):

(1)   the United States Fish & Wildlife Service of the United States Department of the Interior;

(2)   the United States Geological Survey of the United States Department of the Interior; and

(3)   the National Ocean Service of the United States Department of Commerce and the National Marine Fisheries Service of the United States Department of Commerce.


Printed Page 2943 . . . . . Thursday, May 6, 1999

In order for a site specific effluent limit related to dissolved oxygen to be implemented pursuant to this section, the department, the Department of Natural Resources, and the Environmental Protection Agency must concur that the results of the study required in subsection (C) justify its implementation. In reaching a decision on the study results, the department, the Department of Natural Resources, and the Environmental Protection Agency must base their decisions on the greater weight of the scientific evidence taken as a whole."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. FLEMING proposed the following Amendment No. 6 (Doc Name DKA\AMEND\3518MM99):
Amend the report of the Committee on Ways and Means, as and if amended, page 379-3, by inserting after line 20:
/ Section 59-146-80.   A school district is ineligible to receive funds pursuant to this chapter unless it has put in place and submitted to the Department of Education an acceptable maintenance program addressing all district facilities and has had the program approved by the department. The department shall promulgate regulations setting acceptable maintenance standards./
Amend and title to conform.

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

Rep. HINSON proposed the following Amendment No. 7 (Doc Name GJK\AMEND\20651SD99):
Amend the bill, as and if amended, by adding a new Section 59-146-80 immediately following Section 59-146-70 to read:

/Section 59-146-80.   The Education Oversight Committee as defined in Section 59-18-120(1) shall annually report to the General Assembly and the Governor beginning July 1, 2000, the amount of allocations to the several school districts during the previous fiscal year, the manner in which such funds were used, and any


Printed Page 2944 . . . . . Thursday, May 6, 1999

improvements in or changes to this School Facilities Improvement Fund Act as it deems appropriate./
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. HINSON proposed the following Amendment No. 8 (Doc Name GJK\AMEND\20650SD99):
Amend the bill, as and if amended, in Section 59-146-70 of the 1976 Code, as contained in SECTION 1, by adding at the end:

/The State Department of Education shall cause to have developed by architects experienced in school building design sets of model school plans for elementary, middle, and high schools that shall be available for use by local school district boards without charge when undertaking school building projects. These plans must be developed and made available by July 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.

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

SPEAKER PRO TEMPORE IN CHAIR

Reps. COBB-HUNTER and KNOTTS proposed the following Amendment No. 9 (Doc Name KGH\AMEND\15675AC99), which was adopted.
Amend the committee report, as and if amended, Page 379-3, by deleting Section 59-146-60 and inserting:
/   Section 59-146-60.   (A)   Monies in the Public School Facilities Improvement Fund must be allocated annually to the State's several local school districts pursuant to the formula provided for in Section 59-144-100.

(B)   A local school district may use monies from the Public School Facilities Improvement Fund to meet its current construction and renovation needs or to retire its existing debt incurred by reason of facilities improvement. /
Renumber sections to conform.
Amend totals and title to conform.


Printed Page 2945 . . . . . Thursday, May 6, 1999

Rep. COBB-HUNTER explained the amendment.
Rep. H. BROWN spoke in favor of the amendment.
Rep. VAUGHN spoke against the amendment.
Rep. ROBINSON spoke against the amendment.
Rep. GOVAN spoke in favor of the amendment.
Rep. LOFTIS moved to table the amendment.

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

Yeas 26; Nays 82

Those who voted in the affirmative are:

Allison                Altman                 Campsen
Cato                   Cooper                 Dantzler
Davenport              Easterday              Gilham
Haskins                Hawkins                Kirsh
Klauber                Leach                  Lee
Limehouse              Littlejohn             Loftis
McMahand               Quinn                  Rice
Robinson               Rodgers                Simrill
Tripp                  Vaughn

Total--26

Those who voted in the negative are:

Askins                 Bailey                 Bales
Barfield               Barrett                Beck
Bowers                 Breeland               Brown G.
Brown H.               Carnell                Chellis
Clyburn                Cobb-Hunter            Cotty
Delleney               Edge                   Emory
Fleming                Gamble                 Gourdine
Govan                  Harrell                Harris
Harrison               Harvin                 Hayes
Hines J.               Hinson                 Howard
Inabinett              Jennings               Keegan
Kelley                 Kennedy                Knotts
Koon                   Law                    Lloyd
Lourie                 Lucas                  Mack
Maddox                 Martin                 Mason
McCraw                 McGee                  McLeod M.

Printed Page 2946 . . . . . Thursday, May 6, 1999

McLeod W.              Meacham                Miller
Neal                   Neilson                Ott
Parks                  Phillips               Pinckney
Rhoad                  Riser                  Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Smith D.
Smith F.               Smith J.               Smith R.
Stille                 Stuart                 Taylor
Townsend               Walker                 Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--82

So, the House refused to table the amendment.

SPEAKER IN CHAIR

Rep. ROBINSON moved that the House do now adjourn.

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

Yeas 19; Nays 85

Those who voted in the affirmative are:

Allen                  Altman                 Carnell
Cooper                 Davenport              Easterday
Hawkins                Inabinett              Lee
Loftis                 Lourie                 McMahand
Rice                   Riser                  Robinson
Simrill                Smith J.               Tripp
Vaughn

Total--19

Those who voted in the negative are:

Allison                Askins                 Bales
Barfield               Barrett                Beck
Bowers                 Breeland               Brown G.
Brown H.               Campsen                Cato
Chellis                Clyburn                Cobb-Hunter

Printed Page 2947 . . . . . Thursday, May 6, 1999

Cotty                  Dantzler               Delleney
Edge                   Emory                  Fleming
Gamble                 Gilham                 Gourdine
Govan                  Harrell                Harris
Harrison               Harvin                 Haskins
Hayes                  Hinson                 Howard
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Lloyd                  Lucas
Mack                   Martin                 Mason
McCraw                 McGee                  McLeod M.
McLeod W.              Meacham                Miller
Neal                   Ott                    Parks
Phillips               Pinckney               Quinn
Rhoad                  Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Smith D.
Smith F.               Smith R.               Stille
Stuart                 Taylor                 Townsend
Whatley                Whipper                Wilder
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--85

So, the House refused to adjourn.

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

Reps. WALKER, TOWNSEND, KNOTTS, OTT, SANDIFER and STILLE proposed the following Amendment No. 10 (Doc Name PT\1525DW99):
Amend the report of the Committee on Ways and Means, as and if amended, page 379-3, beginning on line 1, by deleting Section 59-146-60(A)(1) as contained in SECTION 1, and inserting:
/ (1)   Monies in the Public School Facilities Improvement Fund Act


Printed Page 2948 . . . . . Thursday, May 6, 1999

of 1999 must be allocated annually to the State's several local school districts in the same manner as provided in Section 59-144-100(A). /
Amend title to conform.

Rep. WALKER explained the amendment.

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

AMENDMENT NO. 9 -- MOTION TO RECONSIDER TABLED

Rep. WALKER moved to reconsider the vote whereby Amendment No. 9 was adopted.

Rep. KENNEDY moved to table the motion to reconsider.

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

Yeas 85; Nays 17

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Barfield               Bowers
Breeland               Brown G.               Brown H.
Campsen                Carnell                Chellis
Clyburn                Cobb-Hunter            Cotty
Dantzler               Davenport              Delleney
Easterday              Emory                  Fleming
Gamble                 Gilham                 Gourdine
Govan                  Hamilton               Harris
Harvin                 Hayes                  Hines J.
Hinson                 Howard                 Inabinett
Jennings               Kelley                 Kennedy
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Lee                    Limehouse              Lloyd
Loftis                 Lourie                 Lucas
Mack                   Maddox                 Martin
McCraw                 McGee                  McLeod M.
McLeod W.              Neal                   Neilson
Ott                    Parks                  Phillips

Printed Page 2949 . . . . . Thursday, May 6, 1999

Pinckney               Rice                   Riser
Robinson               Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Smith F.               Smith J.
Smith R.               Stille                 Taylor
Townsend               Tripp                  Vaughn
Whatley                Whipper                Wilder
Wilkes                 Witherspoon            Woodrum
Young-Brickell

Total--85

Those who voted in the negative are:

Allison                Barrett                Beck
Cato                   Cooper                 Edge
Haskins                Keegan                 Kirsh
Littlejohn             Mason                  Meacham
Miller                 Quinn                  Rhoad
Simrill                Walker

Total--17

So, the motion to reconsider was tabled.

Reps. WALKER, HAWKINS, LITTLEJOHN, ALLISON and TOWNSEND proposed the following Amendment No. 11 (Doc Name KGH\AMEND\15676AC99), which was adopted.
Amend the committee report, as and if amended, page 379-3, line 17, before the /./ by inserting /or incurred through a lease purchase agreement/.
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. Harrell proposed the following Amendment No. 12 (Doc Name DKA\AMEND\3514MM99), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, page 379-2, by deleting Section 59-146-50 and inserting:


Printed Page 2950 . . . . . Thursday, May 6, 1999

/   Section 59-146-50.   The account described in Section 59-146-40 must be funded as follows:

(1)   Beginning fiscal year 1999-2000, and thereafter, any funds appropriated to the State Department of Education for school building aid for school districts must be deposited in the Public School Facilities Improvement Fund of 1999.

(2)   Beginning fiscal year 2000-2001, and annually each fiscal year until the fiscal year ending June 30, 2008, the General Assembly must appropriate one hundred twenty-five million dollars to the Public School Facilities Improvement Fund of 1999. /
Amend title to conform.

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

Reps. ALLISON, SIMRILL, WALKER, HAWKINS, LEE and LITTLEJOHN proposed the following Amendment No. 13 (Doc Name PT\AMEND\1526DW99):
Amend the report of the Committee on Ways and Means, as and if amended, page 379-2, line 9, by inserting after /59-1-160/,
/ For purposes of this chapter, the South Carolina School for the Deaf and Blind is considered a local school district. /
Amend title to conform.

Rep. ALLISON explained the amendment.

POINT OF ORDER

Rep. KNOTTS raised a Point of Order that Amendment No. 13 was out of order in that it was not germane to the Bill in that the School for the Deaf and the Blind was not defined as being in a South Carolina Public School District.
SPEAKER WILKINS stated that the amendment further defined school districts to include the School for the Deaf and the Blind and was germane to the Bill. He therefore overruled the Point of Order.

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

Reps. KNOTTS, WALKER, SANDIFER and HAYES proposed the following Amendment No. 14 (Doc Name PT\1531DW99), which was tabled.


Printed Page 2951 . . . . . Thursday, May 6, 1999

Amend the report of the Committee on Ways and Means, as and if amended, page 379-3, beginning on line 1, by deleting Section 59-146-60(A)(1) as contained in SECTION 1, and inserting:
/ (1)   Monies in the Public School Facilities Improvement Fund Act of 1999 must be allocated annually to the State's several local school districts in the same manner as provided in Section 59-144-100(A). /
Amend title to conform.

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

Rep. GOVAN proposed the following Amendment No. 15 (Doc Name NBD\AMEND\11385JM99):
Amend the report of the Committee on Ways and Means, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Title 59 of the 1976 Code is amended by adding:

  "CHAPTER 146

Public School Facilities Improvement Fund Act of 1999

Section 59-146-10.     This chapter may be cited as the 'Public School Facilities Improvement Fund Act of 1999'.

Section 59-146-20.     The General Assembly finds that:

(1)   For the next five years, there is a need in the amount of $3,998,975,400 for the building and renovation of public school facilities in this State;

(2)   There is scheduled or planned funding of these needs in the sum of only $1,424,957,400;

(3)   There is a statewide funding shortfall of $2,574,018,000 to meet these public school facility needs;

(4)   It is necessary and desirable to provide state assistance for construction and renovation of public school facilities.

Section 59-146-30.     As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'Local school district' means a public body corporate and politic operating as a school district pursuant to Section 59-1-160.

(3)   'Value engineering' means a systematic approach of seeking the best functional balance between cost, reliability, and performance of a building design.

Section 59-146-40.     There is created in the state treasury an account, separate and distinct from the general fund, titled the 'Public School Facilities Improvement Fund of 1999'. Funds deposited in the


Printed Page 2952 . . . . . Thursday, May 6, 1999

account must be allocated as provided in this chapter for the funding of construction and renovation of public school facilities. Any interest earned by the funds in the account must remain in the account and must be allocated to the several school districts of the State with cash balances in the fund, each to the extent the interest is attributable to each of their balances.

Section 59-146-50.     (A)   The account described in Section 59-146-40 must be funded by the revenues collected from an additional one-cent sales tax over a period of two years.

(B)   Beginning July 1, 2000, and ending June 30, 2002, the State Treasurer must transfer annually the revenues derived from the tax in subsection (A) to the Public School Facilities Improvement Fund.

Section 59-146-60.     (A)(1)   Monies in the Public School Facilities Improvement Fund must be allocated annually to the state's several local school districts based on a district's second preceding year 135-day average daily membership, divided by the statewide second preceding year 135-day average daily membership times the funds available.

(2)   In making the annual allocation pursuant to this chapter, the department shall ensure that each local school district receives an amount no less than one-eighth of the allocation the district would receive pursuant to a total statewide allocation of seven hundred fifty million dollars as provided by the Public School Facilities Assistance Program of the Children's Education Endowment Fund of 1996.

(B)   A local school district may use monies from the Public School Facilities Improvement Fund to meet its current construction and renovation needs or to retire its existing debt incurred by reason of facilities improvement.

Section 59-146-70.     The department shall ensure that the local school district facility plan utilizes value engineering to achieve optimum cost effectiveness."
SECTION   2.   This section takes effect July 1, 1999. /
Amend title to conform.

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

Rep. GOVAN proposed the following Amendment No. 16 (Doc Name BD\AMEND\11386JM99):
Amend the report of the Committee on Ways and Means, as and if amended, by striking all after the enacting words and inserting:


Printed Page 2953 . . . . . Thursday, May 6, 1999

/   SECTION   1.   Title 59 of the 1976 Code is amended by adding:

  "CHAPTER 146

Public School Facilities Improvement Fund Act of 1999

Section 59-146-10.     This chapter may be cited as the 'Public School Facilities Improvement Fund Act of 1999'.

Section 59-146-20.     The General Assembly finds that:

(1)   For the next five years, there is a need in the amount of $3,998,975,400 for the building and renovation of public school facilities in this State;

(2)   There is scheduled or planned funding of these needs in the sum of only $1,424,957,400;

(3)   There is a statewide funding shortfall of $2,574,018,000 to meet these public school facility needs;

(4)   It is necessary and desirable to provide state assistance for construction and renovation of public school facilities.

Section 59-146-30.     As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'Local school district' means a public body corporate and politic operating as a school district pursuant to Section 59-1-160.

(3)   'Value engineering' means a systematic approach of seeking the best functional balance between cost, reliability, and performance of a building design.

Section 59-146-40.     There is created in the state treasury an account, separate and distinct from the general fund, titled the 'Public School Facilities Improvement Fund of 1999'. Funds deposited in the account must be allocated as provided in this chapter for the funding of construction and renovation of public school facilities. Any interest earned by the funds in the account must remain in the account and must be allocated to the several school districts of the State with cash balances in the fund, each to the extent the interest is attributable to each of their balances.

Section 59-146-50.     (A)   The account described in Section 59-146-40 must be funded by the revenues collected from the additional one-half percent sales tax provided for in Section 12-36-915 over a period of four years.

(B)   Beginning July 1, 2000, and ending June 30, 2004, the State Treasurer must transfer annually the revenues derived from the tax in subsection (A) to the Public School Facilities Improvement Fund.

Section 59-146-60.     (A)(1)   Monies in the Public School Facilities Improvement Fund must be allocated annually to the state's several local school districts based on a district's second preceding year


Printed Page 2954 . . . . . Thursday, May 6, 1999

135-day average daily membership, divided by the statewide second preceding year 135-day average daily membership times the funds available.

(2)   In making the annual allocation pursuant to this chapter, the department shall ensure that each local school district receives an amount no less than one-eighth of the allocation the district would receive pursuant to a total statewide allocation of seven hundred fifty million dollars as provided by the Public School Facilities Assistance Program of the Children's Education Endowment Fund of 1996.

(B)   A local school district may use monies from the Public School Facilities Improvement Fund to meet its current construction and renovation needs or to retire its existing debt incurred by reason of facilities improvement.

Section 59-146-70.     The department shall ensure that the local school district facility plan utilizes value engineering to achieve optimum cost effectiveness."
SECTION   2.   The 1976 Code is amended by adding:

"Section 12-36-915.   In addition to the tax provided for in Section 12-36-910, an additional sales tax equal to one-half of one percent of the gross proceeds of sales of tangible personal property at retail is hereby imposed and shall be collected in the same manner the sales tax in Section 12-36-910 is imposed and collected and shall be used as provided by law."
SECTION   3.   Except as otherwise provided by this act, this act takes effect July 1, 1999./
Amend title to conform.

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

Rep. J. SMITH proposed the following Amendment No. 17 (Doc Name COUNCIL\GJK\AMEND\20662SD99), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION   1.   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 146
State School Facilities Bonds Act

Section 59-146-10.   This chapter may be cited as the 'State School Facilities Bond Act'.

Section 59-146-20.   It is declared that, for the benefit of the people of the State, the increase of their commerce, welfare and prosperity, and


Printed Page 2955 . . . . . Thursday, May 6, 1999

the improvement of their health and living conditions, it is essential that this and future generations of youth be given the full opportunity to learn and to develop their intellectual and mental capacities; that it is essential that school districts of this State be provided with adequate educational facilities and appropriate additional means to assist the youth in achieving the required levels of learning and development of their intellectual and mental capacities; and that it is the purpose of this chapter to provide a measure of assistance to enable school districts in this State to provide the facilities and structures which are needed to accomplish the purposes of this chapter, all to the public benefit and good, to the extent and manner provided in this chapter.

Section 59-146-30.   As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'School district' means a public body corporate and politic operating as a school district under the provisions of Chapter 17, Title 59.

(3)   'School facilities' means only those facilities defined as 'school facilities' in Section 59-144-30.

(4)   'State Board' means the State Board of Education.

(5)   'State school facilities bonds' means general obligation bonds of the State of South Carolina issued under the authority of this chapter.

Section 59-146-40.   In order to obtain funds for allocation to school districts for school facilities, there shall be issued from time to time state school facilities bonds under the conditions prescribed by this chapter.

Section 59-146-50.     The maximum principal amount of state school facilities bonds that may be issued pursuant to this chapter shall not exceed seven hundred fifty million dollars except that this limitation shall not apply to any state school facilities bonds issued for the purpose of refunding prior issues of state school facilities bonds. It is the intent of the General Assembly for the Department of Education to allocate seven hundred fifty million dollars pursuant to Section 59-144-100 and to inform each school district of their individual allocation. Further, it is the intent of the General Assembly that not more than two hundred fifty million dollars of state school facilities bonds shall be issued in fiscal year 1999-2000. The authority to issue bonds under this chapter shall expire four years from the effective date of this chapter. The four-year limitation, however, does not apply to bonds issued to retire bond anticipation notes.


Printed Page 2956 . . . . . Thursday, May 6, 1999

Section 59-146-60.   The State Board of Education, by resolution, shall notify the State Budget and Control Board of the following:

(1)   the amount then required for allocation to local school districts for school facilities for the next fiscal year;

(2)   a tentative time schedule setting forth the period of time during which the sum requested will be expended;

(3)   a debt service table showing the annual principal and interest requirements for all state school facilities bonds then outstanding; and

(4)   the total amount of all state school facilities bonds issued.
This notification shall be presented to the Budget and Control Board by March first of each year.

Section 59-146-70.   Following the receipt of the notification presented pursuant to Section 59-146-60, the State Budget and Control Board shall, by resolution duly adopted, effect the issuance of state school facilities bonds, or pending the issuance thereof, effect the issuance of bond anticipation notes pursuant to Chapter 17 of Title 11.

Section 59-146-80.   In order to effect the issuance of state school facilities bonds, the State Budget and Control Board shall adopt a resolution providing for the issuance of state school facilities bonds pursuant to the provisions of this chapter. The authorizing resolution must include:

(1)   schedules setting forth the aggregate of all general obligation debt of the State (excluding highway bonds, state institution bonds, tax anticipation notes, and bond anticipation notes) together with certificates of the State Treasurer and State Auditor evidencing compliance with the provisions of paragraph 6(c) of Section 13 of Article X of the South Carolina Constitution;

(2)   a schedule showing the aggregate of state school facilities bonds issued, the purposes for which they were issued, the annual payments required to retire the state school facilities bonds, the interest thereon, and the amount of any special funds applicable to the retirement of the outstanding state school facilities bonds;

(3)   the amount of state school facilities bonds to be issued; and

(4)   a schedule showing future annual principal requirements and estimated annual interest requirements on the state school facilities bonds to be issued.

Section 59-146-90.   The state school facilities bonds must bear the date and mature at the time that the resolution provides, except that no state school facilities bonds may mature more than thirty years from its date of issue. The state school facilities bonds may be in the denominations, be payable in the medium of payment, be payable at


Printed Page 2957 . . . . . Thursday, May 6, 1999

the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the State Budget and Control Board before their issuance. The bonds may bear interest payable at the times and at the rates as determined by the State Budget and Control Board.

Section 59-146-100.   All state school facilities bonds issued under this chapter are exempt from taxation as provided in Section 12-2-50.

Section 59-146-110.   All state school facilities bonds issued under this chapter must be signed by the Governor and the State Treasurer. The Governor and the State Treasurer may sign these obligations by a facsimile of their signatures. The Great Seal of the State must be affixed to, impressed, or reproduced upon each of them and each must be attested by the Secretary of State. The delivery of the state school facilities bonds executed and authenticated is valid notwithstanding changes in officers or seal occurring after the execution or authentication.

Section 59-146-120.   For the payment of the principal and interest on all state school facilities bonds issued and outstanding pursuant to this chapter there is pledged the full faith, credit, and taxing power of the State of South Carolina, and in accordance with the provisions of paragraph (4) of Section 13 of Article X of the South Carolina Constitution, the General Assembly hereby allocates on an annual basis sufficient tax revenues to provide for the punctual payment of the principal and interest on the debt authorized by this chapter.

Section 59-146-130.   State school facilities bonds must be sold by the Governor and the State Treasurer upon sealed proposals, after publication of notice of the sale one or more times at least seven days before the sale, in a financial paper published in New York City which regularly publishes notices of sale of state or municipal bonds. The state school facilities bonds may be awarded only to the lowest interest cost bidder, but the right is reserved to reject all bids and to readvertise the state school facilities bonds for sale. For the purpose of bringing about successful sales of the bonds, the State Budget and Control Board may do all things ordinarily and customarily done in connection with the sale of state or municipal bonds. All expenses incident to the sale of the bonds must be paid from the proceeds of the sale of the bonds.

Section 59-146-140.   The proceeds of the sale of state school facilities bonds shall be received by the State Treasurer and applied by him to the purposes for which issued, except that the accrued interest, if any, shall be used to discharge in part the first interest to become due


Printed Page 2958 . . . . . Thursday, May 6, 1999

on such bonds, and the premium, if any, shall be used to discharge the payment of the first installment of principal to become due on such bonds, but the purchasers of such bonds shall in no way be liable for the proper application of the proceeds to the purposes for which they are intended.

Section 59-146-150.   It is lawful for all executors, administrators, guardians, and other fiduciaries to invest any monies in their hands in bonds issued pursuant to this chapter.

Section 59-146-160.   The proceeds received from the issuance of state school facilities bonds, after deducting the costs of issuance, must be allocated to the school districts in the same manner and for the same purposes as provided in Section 59-144-100 and the first paragraph of Section 59-144-30.

Section 59-146-170.   The responsibilities and duties of the State Department of Education and State Board of Education shall be as outlined in Sections 59-144-120, 59-144-130, and 59-144-140.

Section 59-146-180.   To qualify for the funds under this chapter, each school district shall meet the requirements of this chapter and any guidelines promulgated hereunder. Funds must be withheld from districts when inappropriate reporting of facilities' needs is found or when appropriate use of funds is documented."
SECTION   2.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. J. SMITH moved to adjourn debate on the amendment.

Rep. HARRELL moved to table the amendment.

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

Yeas 56; Nays 52

Those who voted in the affirmative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cotty                  Dantzler               Davenport
Easterday              Edge                   Fleming
Gilham                 Hamilton               Harrell
Harrison               Haskins                Hawkins

Printed Page 2959 . . . . . Thursday, May 6, 1999

Hinson                 Keegan                 Kelley
Kirsh                  Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Martin
Mason                  McGee                  Meacham
Quinn                  Rice                   Riser
Robinson               Rodgers                Sandifer
Seithel                Sharpe                 Simrill
Smith D.               Smith R.               Stille
Townsend               Tripp                  Walker
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--56

Those who voted in the negative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Delleney               Emory
Gamble                 Gourdine               Govan
Harris                 Harvin                 Hayes
Hines J.               Howard                 Inabinett
Jennings               Kennedy                Klauber
Lee                    Lloyd                  Lourie
Lucas                  Mack                   Maddox
McCraw                 McLeod M.              McLeod W.
McMahand               Miller                 Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Rutherford             Scott                  Sheheen
Smith F.               Smith J.               Stuart
Taylor                 Whipper                Wilder
Wilkes

Total--52

So, the amendment was tabled.


Printed Page 2960 . . . . . Thursday, May 6, 1999

AMENDMENT NO. 17 -- MOTION TO RECONSIDER TABLED

Rep. EASTERDAY moved to reconsider the vote whereby Amendment No. 17 was tabled.

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

Reps. CARNELL, COBB-HUNTER, WEBB, G. BROWN, M. MCLEOD, F. SMITH, GOVAN, WILKES and MILLER proposed the following Amendment No. 18 (Doc Name PT\AMEND\1528DW99), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION   ___.   1.   Item (f) of Section 3 of Act 1377 of 1968, as last amended by Section 1, Act 139 of 1997, is further amended by adding:

A.   Colleges and Universities

(a)   Commission on Higher Education

University Center

-McAlister Square       7,500,000

(b)     The Citadel

Padget-Thomas Hall

Replacement         8,000,000

(c)   Clemson University

Long Hall           4,000,000

Littlejohn Coliseum       9,000,000

(d)   University of Charleston

Physical Education Center     12,000,000

Simons Center for the Arts     3,000,000

(e)     Coastal Carolina University

Humanities and Fine Arts

Building           5,601,500

(f)     Francis Marion University

Energy Facility Upgrade     525,000

(g)   Lander University

Renovation of Campus

Electronic Communications                             infrastructure       988,000

Student Center Facility       7,000,000

(h)   South Carolina State University

Hodge Hall Science


Printed Page 2961 . . . . . Thursday, May 6, 1999

Building           10,000,000

Lowman Hall         6,000,000

Deferred Maintenance

-   Phase One         7,500,000

-Phase Two         4,000,000

(i)     University of South Carolina

Columbia (including Medical School)

School of Public Health       3,500,000

Arena                 7,500,000

Wellness and Fitness Center     2,000,000

School of Law

-New Building         5,000,000

(j)     USC - Aiken Campus

Student Activities Center     3,000,000

(k)   USC - Beaufort Campus

New River Facility       1,000,000

(l)     USC - Spartanburg Campus

Def. Maint.         2,000,000

(m)   USC Sumter Campus

Alice Drive Baptist Church

-Acquisition         1,500,000

(n)   Winthrop University

Sciences Equipment       1,900,000

(o)   Medical University of South Carolina

Hollings Cancer Center

-Expansion         10,000,000

Oncology Center         7,000,000

B.     State Technical and Comprehensive Education

(a)   Technical System

Education and Training

Equipment         13,000,000

(b)     Aiken Technical College

Health and Sciences

Building           5,325,000

(c)   Central Carolina Techinical College

EF Dubose Career Center     9,611,309

(d)   Denmark Technical College

Library               2,000,000

(e)   Horry-Georgetown Technical                     College

Library/Student Center       7,136,224


Printed Page 2962 . . . . . Thursday, May 6, 1999

(f)   Midlands Technical College

Information Tech Center NE                             Campus         5,280,000

(g)   Orangeburg-Calhoun Technical                     College

Library, Cafeteria, and

Student Service Area       4,256,000

(h)   Piedmont Technical College

Laurens County Higher

Education Center       4,000,000

Edgefield County Center                               Renovation       900,000

(i)     Spartanburg Technical College

Student Services Building     5,700,000

(j)     Trident Technical College

Industrial/Economic

Development Center       3,000,000

Electro Mech Lab       800,000

(k)   York Technical College

Building C Expansion       2,100,000

Machine Tools Technology

Center           1,000,000

(l)   Williamsburg County Technical                   College

Roof Replacement

-   Buildings A & B       600,000

Computer Equipment

and Software         599,723

C.     OTHER EDUCATIONAL AGENCIES

(a)   Governor's School for Science and                   Math

Renovation of Facility       6,000,000

(b)     School for the Deaf and Blind

Walker Hall Renovation       11,920,000

Building Repairs         4,132,550

(c)   Wil Lou Gray

Roof System         1,000,000

Flooring             1,000,000

D.   OTHER AGENCIES

(a)   Budget and Control Board

Deferred Maintenance       4,281,193


Printed Page 2963 . . . . . Thursday, May 6, 1999

(b)   Clemson PSA

Agriculture and Life Science                             Complex         10,000,000

Edisto Center         4,000,000

(c)   Department of Commerce

Lake Marion Water

Agency           8,000,000

Spartanburg Renaissance

Center             4,000,000

(d)   Departmental Mental Health

Greenville Mental Health

Center             5,985,000

Kershaw/Santee/Wateree

Center             2,300,000

Greenwood Beckman Health                             Center           4,700,000

(e)   Department of Natural Resources

Florence HQ Building       500,000

Greenwood HQ Building     500,000

(f)   State Library

Cherokee County Library     500,000

Clinton Public Library       200,000

Dillon County Library       1,000,000

Florence County -

Lake City Library                     850,000

(g)   Williamsburg County

Greeleyville Senior

Citizens Center                         150,000

(h)   Richland County

Lower Richland High

School

Sheriff's Substation                   100,000

(i)   Darlington County

Lamar Library                           200,000
2.   The Code Commissioner is directed to conform the aggregate principal indebtedness on state capital improvement bonds authorized to be issued as provided by law to reflect the amount of such bonds authorized by the provisions of this section./
Renumber section to conform.
Amend title to conform.


Printed Page 2964 . . . . . Thursday, May 6, 1999

Rep. CARNELL explained the amendment.

POINT OF ORDER

Rep. KIRSH raised a Point of Order that Amendment No. 18 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.

Rep. LITTLEJOHN proposed the following Amendment No. 19 (Doc Name \BBM\AMEND\9337HTC99), which was tabled.
Amend the report, as and if amended, beginning on page 379-1, by striking the report and inserting:
/SECTION   1.   A.   Title 59 of the 1976 Code is amended by adding:

"CHAPTER 146

Public School Facilities Improvement Fund Act of 1999

Section 59-146-10.   This chapter may be cited as the 'Public School Facilities Improvement Fund Act of 1999'.

Section 59-146-20.   The General Assembly finds that:

(1)   For the next five years, there is a need in the amount of $3,998,975,400 for the building and renovation of public school facilities in this State;

(2)   There is scheduled or planned funding of these needs in the sum of only $1,424,957,400;

(3)   There is a statewide funding shortfall of $2,574,018,000 to meet these public school facility needs;

(4)   It is necessary and desirable to provide state assistance for construction and renovation of public school facilities.

Section 59-146-30.   As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'Local school district' means a public body corporate and politic operating as a school district pursuant to Section 59-1-160.

(3)   'Value engineering' means a systematic approach of seeking the best functional balance between cost, reliability, and performance of a building design.

Section 59-146-40.   There is created in the state treasury an account, separate and distinct from the general fund, titled the 'Public School Facilities Improvement Fund'. Funds deposited in the account must be allocated as provided in this chapter for the funding of construction and renovation of public school facilities. Any interest


Printed Page 2965 . . . . . Thursday, May 6, 1999

earned by the funds in the account must remain in the account and must be allocated to the several school districts of the State with cash balances in the fund, each to the extent the interest is attributable to each of their balances.

Section 59-146-50.   The account described in Section 59-146-40 must be funded by the revenues collected from the tax imposed pursuant to Section 12-36-935.

Section 59-146-60.   (A)(1)   Monies in the Public School Facilities Improvement Fund must be allocated annually to the state's several local school districts based on the distribution method provided in Section 59-144-100(A).

(B)   A local school district may use monies from the Public School Facilities Improvement Fund to meet its current construction and renovation needs or to retire its existing debt incurred by reason of facilities improvement.

Section 59-146-70.   The department shall ensure that the local school district facility plan utilizes value engineering to achieve optimum cost effectiveness."
B.   SECTION   2.   This section takes effect July 1, 2000 and is repealed July 1, 2005. /
Amend the bill, as and if amended, by adding:
/SECTION   2.   Article 9, Chapter 36, Title 12 of the 1976 Code is amended by adding:

"Section 12-36-935.   (A)   Beginning July 1, 2000, and ending after June 30, 2005, an additional tax equal to one percent is added to the taxes imposed pursuant to Articles 9, 13, and 17 of this chapter. For all purposes of this title, this additional tax is considered a tax levied pursuant to the South Carolina Sales and Use Tax Act. The department shall prescribe tables establishing the total amount that may be added to the sales price to reflect all tax levied pursuant to this chapter.

(B)   Notwithstanding any other provision of this chapter providing for the distribution of sales, use, and casual excise tax revenues, beginning July 1, 2000 and ending after June 30, 2005, the revenue from the tax imposed by this section must be credited to the Public Schools Facilities Improvement Fund provided in Section 59-146-40.
SECTION   3.   Article 5, Chapter 6, Title 12 of the 1976 Code is amended by adding:

"Section 12-6-525.   In addition to the adjustment provided pursuant to Section 12-6-520, and for taxable years beginning in 2000


Printed Page 2966 . . . . . Thursday, May 6, 1999

through 2005, the department annually shall adjust the brackets proportionately to reduce tax revenues by an amount equal to the estimate of the Board of Economic Advisors of the revenues credited in the applicable fiscal year to the Public School Facilities Improvement Fund established pursuant to Section 59-146-40 in fiscal year 2000-01 through 2005-06.
SECTION   4.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.

Rep. LITTLEJOHN explained the amendment.

Rep. FLEMING moved to adjourn debate on the amendment, which was rejected by a division vote of 20 to 63.

Rep. HARRELL spoke against the amendment.

POINT OF ORDER

Rep. M. MCLEOD raised a Point of Order that Amendment No. 19 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.

Rep. CARNELL moved to table the amendment.

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

Yeas 89; Nays 15

Those who voted in the affirmative are:

Allen                  Altman                 Askins
Bailey                 Barfield               Barrett
Beck                   Bowers                 Breeland
Brown G.               Brown H.               Campsen
Carnell                Cato                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Dantzler               Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harris                 Harrison               Harvin

Printed Page 2967 . . . . . Thursday, May 6, 1999

Haskins                Hawkins                Hayes
Hinson                 Howard                 Inabinett
Jennings               Keegan                 Kelley
Kennedy                Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Limehouse              Lloyd
Lourie                 Lucas                  Martin
Mason                  McCraw                 McGee
McLeod M.              McLeod W.              Meacham
Miller                 Moody-Lawrence         Neilson
Ott                    Parks                  Phillips
Quinn                  Rhoad                  Rice
Riser                  Rodgers                Rutherford
Sandifer               Scott                  Seithel
Sharpe                 Simrill                Smith F.
Smith J.               Smith R.               Taylor
Townsend               Whatley                Whipper
Wilder                 Wilkes                 Wilkins
Witherspoon            Young-Brickell

Total--89

Those who voted in the negative are:

Allison                Bales                  Davenport
Govan                  Lanford                Lee
Littlejohn             Loftis                 Robinson
Sheheen                Stille                 Stuart
Vaughn                 Walker                 Woodrum

Total--15

So, the amendment was tabled.

SPEAKER PRO TEMPORE IN CHAIR

Rep. HARRELL proposed the following Amendment No. 2 (Doc Name DKA\AMEND\3484MM99), which was adopted.
Amend the report of the Committee on Ways and Means, as and if


Printed Page 2968 . . . . . Thursday, May 6, 1999

amended, page 379-1, beginning on line 33, by deleting Section 59-146-20, as contained in SECTION 1, in its entirety.
Amend title to conform.

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

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

Yeas 53; Nays 59

Those who voted in the affirmative are:

Allen                  Askins                 Bailey
Bales                  Bowers                 Breeland
Brown G.               Carnell                Clyburn
Cobb-Hunter            Cotty                  Davenport
Emory                  Fleming                Gamble
Gourdine               Govan                  Harris
Harvin                 Hayes                  Hines J.
Howard                 Inabinett              Jennings
Kennedy                Lee                    Lloyd
Loftis                 Lourie                 Mack
Maddox                 McCraw                 McLeod M.
McLeod W.              McMahand               Neal
Neilson                Ott                    Parks
Phillips               Pinckney               Rhoad
Robinson               Rutherford             Scott
Seithel                Smith F.               Smith J.
Stuart                 Vaughn                 Whipper
Wilder                 Wilkes

Total--53

Those who voted in the negative are:

Allison                Altman                 Barfield
Barrett                Beck                   Brown H.
Campsen                Cato                   Chellis
Cooper                 Dantzler               Delleney
Easterday              Edge                   Gilham

Printed Page 2969 . . . . . Thursday, May 6, 1999

Hamilton               Harrell                Harrison
Haskins                Hawkins                Hinson
Keegan                 Kelley                 Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Leach
Limehouse              Littlejohn             Lucas
Martin                 Mason                  McGee
Meacham                Miller                 Moody-Lawrence
Quinn                  Rice                   Riser
Rodgers                Sandifer               Sharpe
Sheheen                Simrill                Smith D.
Smith R.               Stille                 Taylor
Townsend               Tripp                  Walker
Whatley                Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--59

So, the House refused to table the amendment.

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

Rep. HARRELL proposed the following Amendment No. 3 (Doc Name DKA\AMEND\3500HTC99), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, page 379-3, line 21, by deleting SECTION 2 in its entirety and inserting:
/ SECTION   2.   This act takes effect July 1, 1999. /
Amend title to conform.

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

Rep. COBB-HUNTER proposed the following Amendment No. 5 (Doc Name KGH\AMEND\15672HTC99), which was tabled.
Amend the amendment, offered by the Ways and Means Committee, dated April 20, 1999, Document Number \dka\amend\3458MM99, designated amendment No. 1, as and if amended, Section 59-146-60(B), page 7, line 5 of the subsection, by striking /existing/ and inserting before the period at the end of the subsection /for


Printed Page 2970 . . . . . Thursday, May 6, 1999

construction or renovation commenced after June 30, 1999. If the State Department of Education certifies that the district has no current construction or renovation needs, then monies from the fund may be used to retire debt/.
Renumber sections to conform.
Amend totals and title to conform.

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

Rep. FLEMING proposed the following Amendment No. 6 (Doc Name DKA\AMEND\3518MM99), which was rejected.
Amend the report of the Committee on Ways and Means, as and if amended, page 379-3, by inserting after line 20:
/ Section 59-146-80.   A school district is ineligible to receive funds pursuant to this chapter unless it has put in place and submitted to the Department of Education an acceptable maintenance program addressing all district facilities and has had the program approved by the department. The department shall promulgate regulations setting acceptable maintenance standards./
Amend and title to conform.

Rep. FLEMING explained the amendment.

POINT OF ORDER

Rep. KIRSH raised a Point of Order that Amendment No. 6 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE HASKINS stated that the amendment was germane to the Bill and he overruled the Point of Order.

Rep. FLEMING continued speaking.

The amendment was then rejected by a division vote of 42 to 48.

SPEAKER IN CHAIR

Rep. HINSON proposed the following Amendment No. 7 (Doc Name GJK\AMEND\20651SD99), which was adopted.
Amend the bill, as and if amended, by adding a new Section 59-146-80 immediately following Section 59-146-70 to read:


Printed Page 2971 . . . . . Thursday, May 6, 1999

/Section 59-146-80.   The Education Oversight Committee as defined in Section 59-18-120(1) shall annually report to the General Assembly and the Governor beginning July 1, 2000, the amount of allocations to the several school districts during the previous fiscal year, the manner in which such funds were used, and any improvements in or changes to this School Facilities Improvement Fund Act as it deems appropriate./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HINSON explained the amendment.
Rep. WALKER spoke against the amendment.

The question then recurred to the adoption of the amendment.

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

Yeas 72; Nays 39

Those who voted in the affirmative are:

Altman                 Bailey                 Bales
Barfield               Barrett                Beck
Brown H.               Campsen                Cato
Chellis                Cooper                 Cotty
Dantzler               Davenport              Edge
Fleming                Gamble                 Gilham
Gourdine               Hamilton               Harrell
Harris                 Harrison               Haskins
Hawkins                Hayes                  Hines J.
Hinson                 Jennings               Keegan
Kelley                 Kirsh                  Klauber
Knotts                 Koon                   Lanford
Law                    Leach                  Limehouse
Littlejohn             Loftis                 Lourie
Lucas                  Maddox                 Martin
Mason                  McCraw                 McGee
Meacham                Neilson                Ott
Phillips               Quinn                  Rice
Riser                  Robinson               Rodgers
Sandifer               Seithel                Sharpe
Simrill                Smith D.               Smith R.

Printed Page 2972 . . . . . Thursday, May 6, 1999

Stuart                 Townsend               Tripp
Vaughn                 Whatley                Wilkins
Witherspoon            Woodrum                Young-Brickell

Total--72

Those who voted in the negative are:

Allen                  Allison                Askins
Bowers                 Breeland               Brown G.
Carnell                Clyburn                Cobb-Hunter
Delleney               Emory                  Govan
Harvin                 Howard                 Inabinett
Kennedy                Lee                    Lloyd
Mack                   McLeod M.              McLeod W.
McMahand               Miller                 Moody-Lawrence
Neal                   Parks                  Pinckney
Rhoad                  Rutherford             Scott
Sheheen                Smith F.               Smith J.
Stille                 Taylor                 Walker
Whipper                Wilder                 Wilkes

Total--39

So, the amendment was adopted.

Rep. HINSON proposed the following Amendment No. 8 (Doc Name GJK\AMEND\20650SD99), which was adopted.
Amend the bill, as and if amended, in Section 59-146-70 of the 1976 Code, as contained in SECTION 1, by adding at the end:

/The State Department of Education shall cause to have developed by architects experienced in school building design sets of model school plans for elementary, middle, and high schools that shall be available for use by local school district boards without charge when undertaking school building projects. These plans must be developed and made available by July 1, 2000./
Renumber sections to conform.
Amend totals and title to conform.

Rep. HINSON explained the amendment.
Rep. TOWNSEND spoke against the amendment.
The amendment was then adopted.


Printed Page 2973 . . . . . Thursday, May 6, 1999

Reps. WALKER, TOWNSEND, KNOTTS, OTT, SANDIFER and STILLE proposed the following Amendment No. 10 (Doc Name PT\AMEND\1525DW99), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 379-3, beginning on line 1, by deleting Section 59-146-60(A)(1) as contained in SECTION 1, and inserting:
/ (1)   Monies in the Public School Facilities Improvement Fund Act of 1999 must be allocated annually to the State's several local school districts in the same manner as provided in Section 59-144-100(A). /
Amend title to conform.

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

Reps. ALLISON, SIMRILL, WALKER, HAWKINS, LEE and LITTLEJOHN proposed the following Amendment No. 13 (Doc Name PT\AMEND\1526DW99), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, page 379-2, line 9, by inserting after /59-1-160/,
/ For purposes of this chapter, the South Carolina School for the Deaf and Blind is considered a local school district. /
Amend title to conform.

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

Rep. GOVAN proposed the following Amendment No. 16 (Doc Name BD\AMEND\11386JM99), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Title 59 of the 1976 Code is amended by adding:

  "CHAPTER 146

Public School Facilities Improvement Fund Act of 1999

Section 59-146-10.     This chapter may be cited as the 'Public School Facilities Improvement Fund Act of 1999'.

Section 59-146-20.     The General Assembly finds that:

(1)   For the next five years, there is a need in the amount of $3,998,975,400 for the building and renovation of public school facilities in this State;

(2)   There is scheduled or planned funding of these needs in the sum of only $1,424,957,400;


Printed Page 2974 . . . . . Thursday, May 6, 1999

(3)   There is a statewide funding shortfall of $2,574,018,000 to meet these public school facility needs;

(4)   It is necessary and desirable to provide state assistance for construction and renovation of public school facilities.

Section 59-146-30.     As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'Local school district' means a public body corporate and politic operating as a school district pursuant to Section 59-1-160.

(3)   'Value engineering' means a systematic approach of seeking the best functional balance between cost, reliability, and performance of a building design.

Section 59-146-40.     There is created in the state treasury an account, separate and distinct from the general fund, titled the 'Public School Facilities Improvement Fund of 1999'. Funds deposited in the account must be allocated as provided in this chapter for the funding of construction and renovation of public school facilities. Any interest earned by the funds in the account must remain in the account and must be allocated to the several school districts of the State with cash balances in the fund, each to the extent the interest is attributable to each of their balances.

Section 59-146-50.     (A)   The account described in Section 59-146-40 must be funded by the revenues collected from the additional one-half percent sales tax provided for in Section 12-36-915 over a period of four years.

(B)   Beginning July 1, 2000, and ending June 30, 2004, the State Treasurer must transfer annually the revenues derived from the tax in subsection (A) to the Public School Facilities Improvement Fund.

Section 59-146-60.     (A)(1)   Monies in the Public School Facilities Improvement Fund must be allocated annually to the state's several local school districts based on a district's second preceding year 135-day average daily membership, divided by the statewide second preceding year 135-day average daily membership times the funds available.

(2)   In making the annual allocation pursuant to this chapter, the department shall ensure that each local school district receives an amount no less than one-eighth of the allocation the district would receive pursuant to a total statewide allocation of seven hundred fifty million dollars as provided by the Public School Facilities Assistance Program of the Children's Education Endowment Fund of 1996.

(B)   A local school district may use monies from the Public School Facilities Improvement Fund to meet its current construction and


Printed Page 2975 . . . . . Thursday, May 6, 1999

renovation needs or to retire its existing debt incurred by reason of facilities improvement.

Section 59-146-70.     The department shall ensure that the local school district facility plan utilizes value engineering to achieve optimum cost effectiveness."
SECTION   2.   The 1976 Code is amended by adding:

"Section 12-36-915.   In addition to the tax provided for in Section 12-36-910, an additional sales tax equal to one-half of one percent of the gross proceeds of sales of tangible personal property at retail is hereby imposed and shall be collected in the same manner the sales tax in Section 12-36-910 is imposed and collected and shall be used as provided by law."
SECTION   3.   Except as otherwise provided by this act, this act takes effect July 1, 1999./
Amend title to conform.

Rep. GOVAN explained the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 82; Nays 23

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Beck
Brown H.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Davenport              Delleney               Easterday
Edge                   Fleming                Gamble
Gilham                 Hamilton               Harrell
Harris                 Harrison               Harvin
Hawkins                Hayes                  Hinson
Keegan                 Kelley                 Kennedy
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Limehouse              Lourie
Lucas                  Martin                 Mason

Printed Page 2976 . . . . . Thursday, May 6, 1999

McCraw                 McGee                  McLeod M.
McLeod W.              Meacham                Neilson
Ott                    Phillips               Quinn
Rice                   Riser                  Robinson
Rodgers                Sandifer               Seithel
Sharpe                 Sheheen                Simrill
Smith D.               Smith J.               Smith R.
Stille                 Taylor                 Townsend
Tripp                  Vaughn                 Walker
Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--82

Those who voted in the negative are:

Bowers                 Breeland               Brown G.
Cobb-Hunter            Emory                  Govan
Hines J.               Howard                 Inabinett
Lee                    Littlejohn             Lloyd
Mack                   Moody-Lawrence         Neal
Parks                  Pinckney               Rhoad
Rutherford             Scott                  Smith F.
Stuart                 Whipper

Total--23

So, the amendment was tabled.

Rep. GOVAN proposed the following Amendment No. 15 (Doc Name NBD\AMEND\11385JM99), which was tabled.
Amend the report of the Committee on Ways and Means, as and if amended, by striking all after the enacting words and inserting:
/   SECTION   1.   Title 59 of the 1976 Code is amended by adding:

  "CHAPTER 146

Public School Facilities Improvement Fund Act of 1999

Section 59-146-10.     This chapter may be cited as the 'Public School Facilities Improvement Fund Act of 1999'.

Section 59-146-20.     The General Assembly finds that:


Printed Page 2977 . . . . . Thursday, May 6, 1999

(1)   For the next five years, there is a need in the amount of $3,998,975,400 for the building and renovation of public school facilities in this State;

(2)   There is scheduled or planned funding of these needs in the sum of only $1,424,957,400;

(3)   There is a statewide funding shortfall of $2,574,018,000 to meet these public school facility needs;

(4)   It is necessary and desirable to provide state assistance for construction and renovation of public school facilities.

Section 59-146-30.     As used in this chapter:

(1)   'Department' means the State Department of Education.

(2)   'Local school district' means a public body corporate and politic operating as a school district pursuant to Section 59-1-160.

(3)   'Value engineering' means a systematic approach of seeking the best functional balance between cost, reliability, and performance of a building design.

Section 59-146-40.     There is created in the state treasury an account, separate and distinct from the general fund, titled the 'Public School Facilities Improvement Fund of 1999'. Funds deposited in the account must be allocated as provided in this chapter for the funding of construction and renovation of public school facilities. Any interest earned by the funds in the account must remain in the account and must be allocated to the several school districts of the State with cash balances in the fund, each to the extent the interest is attributable to each of their balances.

Section 59-146-50.     (A)   The account described in Section 59-146-40 must be funded by the revenues collected from an additional one-cent sales tax over a period of two years.

(B)   Beginning July 1, 2000, and ending June 30, 2002, the State Treasurer must transfer annually the revenues derived from the tax in subsection (A) to the Public School Facilities Improvement Fund.

Section 59-146-60.     (A)(1)   Monies in the Public School Facilities Improvement Fund must be allocated annually to the state's several local school districts based on a district's second preceding year 135-day average daily membership, divided by the statewide second preceding year 135-day average daily membership times the funds available.

(2)   In making the annual allocation pursuant to this chapter, the department shall ensure that each local school district receives an amount no less than one-eighth of the allocation the district would receive pursuant to a total statewide allocation of seven hundred fifty


Printed Page 2978 . . . . . Thursday, May 6, 1999

million dollars as provided by the Public School Facilities Assistance Program of the Children's Education Endowment Fund of 1996.

(B)   A local school district may use monies from the Public School Facilities Improvement Fund to meet its current construction and renovation needs or to retire its existing debt incurred by reason of facilities improvement.

Section 59-146-70.     The department shall ensure that the local school district facility plan utilizes value engineering to achieve optimum cost effectiveness."
SECTION   2.   This section takes effect July 1, 1999. /
Amend title to conform.

Rep. GOVAN explained the amendment.

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

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

Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:

Yeas 106; Nays 3

Those who voted in the affirmative are:

Allen                  Allison                Altman
Askins                 Bailey                 Bales
Barfield               Barrett                Beck
Bowers                 Breeland               Brown G.
Brown H.               Campsen                Carnell
Cato                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cotty
Dantzler               Davenport              Delleney
Easterday              Edge                   Emory
Fleming                Gamble                 Gilham
Gourdine               Govan                  Hamilton
Harrell                Harris                 Harrison
Harvin                 Haskins                Hawkins
Hayes                  Hines J.               Hinson
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy

Printed Page 2979 . . . . . Thursday, May 6, 1999

Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Leach                  Lee                    Limehouse
Littlejohn             Lloyd                  Lourie
Lucas                  Mack                   Maddox
Martin                 Mason                  McCraw
McGee                  McLeod M.              McLeod W.
McMahand               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Ott                    Parks                  Phillips
Pinckney               Quinn                  Rhoad
Rice                   Riser                  Rodgers
Rutherford             Sandifer               Scott
Seithel                Sharpe                 Simrill
Smith D.               Smith F.               Smith J.
Smith R.               Stuart                 Taylor
Townsend               Tripp                  Walker
Whatley                Whipper                Wilkes
Wilkins                Witherspoon            Woodrum
Young-Brickell

Total--106

Those who voted in the negative are:

Sheheen                Stille                 Wilder

Total--3

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

OBJECTION TO MOTION

Rep. HARRELL asked unanimous consent that S. 379 (Word version) be read a third time tomorrow.
Rep. COBB-HUNTER objected.

S. 379 -- MOTION TO RECONSIDER TABLED

Rep. RICE moved to reconsider the vote whereby the following Bill, as amended, was given a second reading:


Printed Page 2980 . . . . . Thursday, May 6, 1999

S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott and Peeler: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.

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

RECURRENCE TO THE MORNING HOUR

Rep. SHEHEEN moved that the House recur to the morning hour, which was agreed to.

HOUSE RESOLUTION

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

H. 4060 (Word version) -- Reps. Allen and Maddox: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, FACULTY, AND ADMINISTRATORS REPRESENTING T. L. HANNA HIGH SCHOOL OF ANDERSON COUNTY ON THURSDAY, MAY 13, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED BY THE MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR RECEIVING THE PALMETTO FINEST AWARD.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives is extended to a delegation of students, faculty, and administrators


Printed Page 2981 . . . . . Thursday, May 6, 1999

representing T. L. Hanna High School of Anderson County on Thursday, May 13, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and honored by the members of the House of Representatives for receiving the Palmetto Finest Award.

The Resolution was adopted.

HOUSE RESOLUTION

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

H. 4061 (Word version) -- Rep. W. McLeod: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE VARSITY BOYS BASKETBALL TEAM, COACHES, AND OFFICIALS OF NEWBERRY ACADEMY OF NEWBERRY, SOUTH CAROLINA, ON WEDNESDAY, MAY 12, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998-99 CLASS AA SOUTH CAROLINA INDEPENDENT SCHOOLS' ASSOCIATION BOYS BASKETBALL STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the privilege of the floor of the House of Representatives be extended to the varsity boys basketball team, coaches, and officials of Newberry Academy of Newberry, South Carolina, on Wednesday, May 12, 1999, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1998-1999 Class AA Boys Basketball State Championship.

The Resolution was adopted.

CONCURRENT RESOLUTION

The following was introduced:

H. 4062 (Word version) -- Reps. Townsend, Walker, Harrison, Haskins, Quinn, Vaughn, Wilkins, Allison, Altman, Cooper, Hamilton, Harrell, Harris, Kelley, Kirsh, Leach, Littlejohn, Maddox, Martin, Meacham, Robinson, D. Smith, Stille, Stuart and Webb: A CONCURRENT RESOLUTION TO CREATE THE OPEN ENROLLMENT TASK


Printed Page 2982 . . . . . Thursday, May 6, 1999

FORCE TO STUDY AND REPORT ON ALL PHASES OF OPEN ENROLLMENT IN SOUTH CAROLINA PUBLIC SCHOOLS IN ORDER TO DETERMINE THE FEASIBILITY, EFFECTIVENESS, AND FAIRNESS OF OPEN ENROLLMENT.
The Resolution was ordered referred to the Committee on Education and Public Works.

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 798 (Word version) -- Senators Holland and Giese: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARY HAMILTON LOSTETTER OF LUGOFF, A MATH TEACHER AT LUGOFF-ELGIN HIGH SCHOOL, UPON BEING NAMED SOUTH CAROLINA'S TEACHER OF THE YEAR FOR THE 1999-2000 SCHOOL YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3978 (Word version) -- Reps. Carnell, W. McLeod, Wilkins, Klauber, Parks and Stille: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE BRIDGE ON HIGHWAY 34 AT THE LAKE GREENWOOD DAM OVER THE SALUDA RIVER AT THE GREENWOOD COUNTY - NEWBERRY COUNTY LINE THE "HOLLY SELF DRUMMOND BRIDGE", AND FURTHER REQUESTING THE DEPARTMENT TO ERECT APPROPRIATE MARKERS OR SIGNS REFLECTING THIS DESIGNATION.

H. 3982 (Word version) -- Rep. Phillips: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 12, 1999, AS THE TIME FOR THE HOUSE OF REPRESENTATIVES AND THE SENATE TO MEET IN JOINT SESSION IN THE HALL OF THE HOUSE OF REPRESENTATIVES FOR THE PURPOSE OF ELECTING MEMBERS OF THE BOARDS OF TRUSTEES OF THE


Printed Page 2983 . . . . . Thursday, May 6, 1999

CITADEL, COASTAL CAROLINA UNIVERSITY, LANDER UNIVERSITY, SOUTH CAROLINA STATE UNIVERSITY, WIL LOU GRAY OPPORTUNITY SCHOOL, AND WINTHROP UNIVERSITY TO SUCCEED THOSE MEMBERS WHOSE TERMS EXPIRE IN 1999 OR WHOSE POSITIONS OTHERWISE MUST BE FILLED; AND TO ESTABLISH A PROCEDURE REGARDING NOMINATIONS AND NOMINATING AND SECONDING SPEECHES FOR THE CANDIDATES FOR THESE OFFICES DURING THE JOINT SESSION.

H. 3988 (Word version) -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF THE STATE OF SOUTH CAROLINA WHO HAVE DIED ON THE JOB AND TO REQUEST THAT THE GOVERNOR DECLARE APRIL 28, 1999, "WORKERS MEMORIAL DAY".

H. 3989 (Word version) -- Reps. Cato, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO RECOGNIZE THE WEEK OF MAY 2-8, 1999, AS "ASSOCIATION WEEK", AS PROCLAIMED BY GOVERNOR JAMES H. HODGES, HONORING THE NONPROFIT NATIONAL, REGIONAL, STATE AND LOCAL TRADE ASSOCIATIONS, PROFESSIONAL SOCIETIES, AND COMMUNITY SERVICE ORGANIZATIONS IN SOUTH CAROLINA.


Printed Page 2984 . . . . . Thursday, May 6, 1999

H. 4035 (Word version) -- Rep. Wilkins: A CONCURRENT RESOLUTION RECOGNIZING THE HONORABLE PETER BEATTIE, PREMIER OF THE STATE OF QUEENSLAND, AUSTRALIA, AND WELCOMING HIM TO THE STATE OF SOUTH CAROLINA DURING HIS VISIT OF MAY 11-12, 1999.

H. 4036 (Word version) -- Rep. G. Brown: A CONCURRENT RESOLUTION TO COMMEND BILL PINKNEY, A NATIVE OF DALZELL WHO NOW LIVES IN SUMTER, FOR HIS EXTRAORDINARILY SUCCESSFUL FORTY-SIX YEAR MUSICAL AND ENTERTAINMENT CAREER AS A VOCAL ARTIST AND AS THE CO-FOUNDER OF THE ORIGINAL "DRIFTERS".

H. 4037 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. LEOLA BROWN OF RICHLAND COUNTY ON THE OCCASION OF MOTHER'S DAY FOR HER EXCEPTIONAL DEVOTION TO HER FAMILY, FRIENDS, AND CHURCH.

H. 4042 (Word version) -- Reps. McMahand and Wilkins: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE PHYLLIS WHEATLEY ASSOCIATION FOR EIGHTY YEARS OF SERVICE TO THE GREENVILLE COMMUNITY AND SURROUNDING AREAS.


Printed Page 2985 . . . . . Thursday, May 6, 1999

H. 4053 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND MS. FRANCES PRATT WADE OF RICHLAND COUNTY FOR HER LIFETIME OF FAITHFUL AND DEVOTED SERVICE TO HER CHURCH, FAMILY, AND FELLOWMAN ON THE OCCASION OF MOTHER'S DAY.

ADJOURNMENT

At 5:05 P.M. the House in accordance with the motion of Rep. PHILLIPS adjourned in memory of former Representative Newton C. Taylor of Gaffney, to meet at 10:00 A.M. tomorrow.

***

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