South Carolina General Assembly
108th Session, 1989-1990
Journal of the House of Representatives

WEDNESDAY, MARCH 22, 1989

Wednesday, March 22, 1989
(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:

Lord God, always ready to guide those who would claim Your leadership, keep us close to You this day and cause us to heed Your beckoning call. Forbid that we should think that peace comes without pain and security without sacrifice, that we should use methods that produce tears, procedures that only add to misery and subtract nothing from problems. Heal those who need healing, make strong those who are wavering, guide the perplexed, befriend the lonely, give new faith and courage to those who are despondent.

Lift high our visions, put a new light in our eyes, and endow us with an undaunting trust in our all-knowing and ever present God.

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.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

REPORTS OF STANDING COMMITTEE

Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:

S. 270 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 16 SO AS TO PROVIDE FOR THE OFFENSES PROMOTING CIVIL DISORDER BY DEFINING TERMS, DETAILING THE OFFENSES, PROVIDING PENALTIES, AND PROVIDING EXCEPTIONS AND TO ADD THE OFFENSES TO THE LIST OF FELONIES IN SECTION 16-1-10.

Ordered for consideration tomorrow.

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

H. 3332 -- Reps. Wofford, Haskins, Rama, M.D. Burriss, Mappus, Manly, Quinn, G. Bailey, Moss, Vaughn, Hearn, Wright, Wells, Neilson, Keegan, Bruce, Davenport, Phillips, Corbett, Fair, Littlejohn, Barfield, J. Harris, McGinnis, Winstead and Limehouse: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIME", SO AS TO INCLUDE ADDITIONAL CRIMES.

Ordered for consideration tomorrow.

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

H. 3349 -- Reps. Rudnick and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-295 SO AS TO PROVIDE THAT ANY PERSON DURING THE COMMISSION OF A FELONY WHO IMPERSONATES A LAW ENFORCEMENT OFFICER OR WHO USES EQUIPMENT THAT GIVES THE IMPRESSION THAT HE IS A LAW ENFORCEMENT OFFICER IS GUILTY OF AN ADDITIONAL FELONY AND, UPON CONVICTION, MUST BE SENTENCED TO IMPRISONMENT FOR FIVE YEARS, NO PART OF WHICH IS SUSPENDED AND FOR WHICH PAROLE MUST NOT BE GRANTED FOR ANY PORTION, AND TO PROVIDE THAT THIS SENTENCE MUST NOT BE SERVED CONCURRENTLY WITH ANY OTHER SENTENCE GIVEN THE OFFENDER.

Ordered for consideration tomorrow.

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

S. 255 -- Senator Williams: A BILL TO AMEND SECTION 62-3-603, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF BOND FOR PERSONAL REPRESENTATIVES FOR PURPOSES OF THE SOUTH CAROLINA PROBATE CODE, SO AS TO ELIMINATE THE REQUIREMENT THAT A WILL EXPRESSLY WAIVE THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE NAMED IN THE WILL FOR THERE TO BE NO BOND REQUIRED, TO ELIMINATE REDUNDANT LANGUAGE RELATING TO THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE OF AN INTESTATE ESTATE, TO WAIVE THE REQUIREMENT FOR BOND FOR A RESIDENT PERSONAL REPRESENTATIVE APPOINTED UNDER A WILL UNLESS THE WILL CONTAINS AN EXPRESS REQUIREMENT OF BOND, AND TO GIVE THESE CHANGES RETROACTIVE APPLICATION TO WILLS PROBATED AFTER JULY 12, 1988.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3719 -- Reps. Manly, Keyserling and Moss: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE PHYSICIANS AND SURGEONS OF SOUTH CAROLINA FOR THEIR CONCERNED AND PROFESSIONAL CARE OF PATIENTS THROUGHOUT THIS STATE ON THE OCCASION OF NATIONAL DOCTORS' DAY, MARCH 30, 1989.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3720 -- Reps. Moss and Phillips: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF GEORGE (DON) PEELER OF CHEROKEE COUNTY, AN OFFICER WITH THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, WHO DIED FROM INJURIES IN AN AUTOMOBILE ACCIDENT WHILE ON DUTY.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 545 -- Senator Rose: A CONCURRENT RESOLUTION CONGRATULATING NAVY COMMANDER PAUL X. RINN OF DORCHESTER COUNTY FOR RECEIVING THE DAY OF EXCELLENCE SOCIETY CHALLENGER AWARD AND COMMENDING HIM FOR HIS EXEMPLARY DEVOTION TO DUTY IN THE FACE OF TREMENDOUS HAZARDS.

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

INTRODUCTION OF BILLS

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

H. 3721 -- Reps. Fair and Hayes: A BILL TO AMEND SECTION 56-5-1210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFULLY LEAVING THE SCENE OF A MOTOR VEHICLE ACCIDENT, SO AS TO PROVIDE DIFFERENT PENALTIES FOR AN ACCIDENT RESULTING IN MINOR INJURIES, DEATH, AND A DISABLING INJURY, INCREASE THE CURRENT PENALTIES, AND PROVIDE FOR THE REVOCATION OF A DRIVER'S LICENSE.

Referred to Committee on Judiciary.

H. 3722 -- Education and Public Works Committee: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED LENGTH OF VEHICLES AND TO LIMITATIONS ON VEHICLE COMBINATIONS OPERATED ON INTERSTATE HIGHWAYS, FEDERAL AID HIGHWAYS, AND CERTAIN OTHER HIGHWAYS, SO AS TO REVISE THE PERMISSIBLE LENGTH OF CERTAIN VEHICLES OPERATING IN TWO UNIT COMBINATIONS.

Without reference.

H. 3723 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 15-49-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING A NAME, SO AS TO REVISE THE REQUIREMENTS OF THE PETITION, PROVIDE FOR THE APPOINTMENT OF A GUARDIAN AD LITEM, AND PROVIDE FOR THE GRANTING OF THE PETITION.

Referred to Committee on Judiciary.

H. 3724 -- Reps. Wilkins, McElveen and Huff: A BILL TO AMEND SECTION 43-5-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN ACCORDANCE WITH AN APPROVED CHILD SUPPORT PLAN, SO AS TO PROVIDE FOR THE SUBSTITUTION OF THE DEPARTMENT WHEN THERE IS AN ASSIGNMENT OF THE RIGHTS TO SUPPORT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3725 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-19-55 SO AS TO EXEMPT FROM DISCLOSURE CERTAIN APPLICATIONS, EXAMINATIONS, SCORES, EXAMINATION REPORTS, AND OTHER RELATED MATERIAL OF THE COOPERATIVE INTERAGENCY MERIT SYSTEM AND TO PROVIDE THAT THIS PROVISION DOES NOT RESTRICT THE ABILITY OF THE MERIT SYSTEM COUNCIL TO DISCLOSE NECESSARY INFORMATION FOR THE PURPOSE OF CONTRACTING FOR SERVICES.

Referred to Committee on Labor, Commerce and Industry.

H. 3726 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO SCOPE OF POWERS GRANTED TO TIER B LAND SURVEYORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1037, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Without reference.

H. 3727 -- Rep. Elliott: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF KOOL-A-BREW, INC., IN HORRY COUNTY.

On motion of Rep. ELLIOTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 3728 -- Reps. Hearn, Hallman, Mappus, T. Rogers, Barber, Sturkie, M.D. Burriss, Klapman, Holt, Waites, T.M. Burriss, Nesbitt, Washington, J. Bailey, Whipper, Corning, Keyserling, Haskins, Wells, Wright and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 56 SO AS TO PROVIDE FOR THE ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES.

Referred to Committee on Labor, Commerce and Industry.

H. 3729 -- Reps. Corbett and R. Brown: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG FOR A DISABLED AMERICAN VETERAN, SO AS TO PROVIDE THAT THE SPECIAL LICENSE TAG MAY BE PLACED ON A VEHICLE OWNED OR LEASED BY A DISABLED AMERICAN VETERAN.

Referred to Committee on Education and Public Works.

S. 69 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION FOR SIX YEARS AND TO AMEND SECTION 40-59-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OF LICENSES OF RESIDENTIAL HOME BUILDERS, SO AS TO PROVIDE THAT LICENSES MAY BE SUSPENDED OR RESTRICTED AND TO PROVIDE FOR REISSUANCE OF LICENSES PREVIOUSLY REVOKED IF A MAJORITY OF THE MEMBERS OF THE HOME BUILDERS COMMISSION VOTE IN FAVOR OF THE REISSUANCE AND TO PROVIDE THAT APPEALS FROM THE DECISIONS OF THE COMMISSION MUST BE GOVERNED BY THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT.

Referred to Committee on Labor, Commerce and Industry.

S. 304 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEGLECTED OR ABANDONED ORCHARDS, SO AS TO AUTHORIZE THE STATE CROP PEST COMMISSION OR ITS DESIGNEE TO PROMULGATE REGULATIONS RELATIVE TO THEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-35-15 SO AS TO ADD DEFINITIONS RELATIVE TO ORCHARDS.

Referred to Committee on Agriculture and Natural Resources.

S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM.

Referred to Committee on Education and Public Works.

S. 350 -- Senator Drummond: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING; TO AMEND THE 1976 CODE BY ADDING SECTIONS 31-1-40 AND 31-1-50 SO AS TO REQUIRE AN ELECTRICAL PERMIT FOR A CONNECTION TO A MOBILE HOME; AND TO REPEAL ARTICLE 1, CHAPTER 17 OF TITLE 31 RELATING TO MOBILE HOMES AND HOUSE TRAILERS.

Referred to Committee on Labor, Commerce and Industry.

S. 446 -- Judiciary Committee: A BILL TO AMEND SECTION 16-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF ARMED ROBBERY AND ATTEMPTED ARMED ROBBERY, SO AS TO EXTEND THE OFFENSE TO CASES IN WHICH A PERSON REPRESENTS EITHER BY ACTION OR WORDS THAT HE WAS ARMED.

Referred to Committee on Judiciary.

S. 523 -- Senator Williams: A JOINT RESOLUTION TO ADOPT REVISED CODE VOLUMES 9 AND 13 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO THE EXTENT OF THEIR CONTENTS, AS THE ONLY GENERAL PERMANENT STATUTORY LAW OF THE STATE AS OF JANUARY 1, 1989.

On motion of Rep. WILKINS, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.

S. 524 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-13-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSES OF ENGAGING IN OPPRESSIVE CHILD LABOR PRACTICES AND EMPLOYING A CHILD IN VIOLATION OF A CHILD LABOR REGULATION, SO AS TO DELETE THE PROVISIONS SETTING FORTH CRIMINAL PENALTIES FOR THE OFFENSES AND PROVIDE FOR A WARNING AND FINE FOR AN EMPLOYER'S VIOLATION OF A CHILD LABOR REGULATION, DETERMINATION OF THE FINDINGS OF THE COMMISSIONER OF LABOR UNDER THE ADMINISTRATIVE PROCEDURES ACT, AND THE FINE'S RECOVERY AND DEPOSIT.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 537 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO MILK AND MILK PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture and Natural Resources.

S. 538 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO JAPANESE BEETLE QUARANTINE, DESIGNATED AS REGULATION DOCUMENT NUMBER 986, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

Referred to Committee on Agriculture and Natural Resources.

ROLL CALL

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

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
Boan                   Brown, H.              Brown, J.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Burriss, T.M.          Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Davenport
Elliott                Faber                  Fair
Fant                   Farr                   Ferguson
Foster                 Glover                 Gordon
Gregory                Hallman                Harris, J.
Harris, P.             Harwell                Haskins
Hayes                  Hearn                  Hendricks
Holt                   Huff                   Jaskwhich
Johnson, J.C.          Kay                    Keegan
Keesley                Keyserling             Kirsh
Klapman                Koon                   Lanford
Limehouse              Littlejohn             Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McAbee                 McBride
McEachin               McGinnis               McKay
McLellan               McLeod                 Moss
Neilson                Nesbitt                Nettles
Phillips               Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Snow
Sturkie                Taylor                 Townsend
Tucker                 Vaughn                 Waites
Waldrop                Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Williams, D.
Williams, J.           Winstead               Wofford
Wright

STATEMENT OF ATTENDANCE

I came in after the roll call and was present for the Session on March 22, 1989.

J. Hodges                         J.W. Johnson, Jr.
Eugene Stoddard                   Alex Harvin
J. McElveen                       G. Brown
Rick Quinn                        L. Gentry
Robert Kohn                       J. Felder
J. Bailey                         D. McTeer
P. Derrick                        W. McCain
R. Corning                        J. Lockemy
Total Present-122

LEAVES OF ABSENCE

The SPEAKER granted Rep. J.C. JOHNSON a leave of absence for Tuesday, March 21, to attend a National Association of College and University Boards of Trustees meeting.

The SPEAKER granted Rep. FERGUSON a temporary leave of absence to attend a court hearing.

STATEMENT OF ATTENDANCE

Reps. T.M. BURRISS and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, March 21, 1989.

DOCTOR OF THE DAY

Announcement was made that Dr. Kenneth Owens of Aiken is the Doctor of the Day for the General Assembly.

H. 3602-AMENDED AND INTERRUPTED DEBATE

The following Joint Resolution was taken up.

H. 3602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1988-89.

SECTION I

Reps. KIRSH, KLAPMAN and J.W. JOHNSON proposed the following Amendment No. 1 (Doc. No. 2832U), which was adopted.

Amend the resolution, as and if amended, SECTION 1, item (3), page 2, by inserting immediately after line 13

/3.1 Of the funds appropriated for the Cutting Edge: Research Investment Initiative, twenty-five percent of the funds must be allocated to the state's senior public colleges. If the number of quality proposals for funds submitted by the senior colleges does not necessitate the twenty-five percent allocation, then the remaining funds must be allocated by the Commission on Higher Education to the state's public universities./

Amend title to conform.

Rep. KIRSH explained the amendment.

Reps. McABEE, TIM ROGERS and McTEER spoke against the amendment.

Reps. WASHINGTON, BEASLEY, KIRSH and KEYSERLING spoke in favor of the amendment.

Rep. BOAN moved to table the amendment, which was not agreed to by a division vote of 30 to 59.

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

Rep. MCTEER proposed the following Amendment No. 4 (Doc. No. 0753B), which was tabled.

Amend the resolution, as and if amended, Section 1, Item (3), Page 2, by inserting immediately after line 13 an appropriately numbered paragraph to read:

/( ) Funding for a research project with more than one college or university participating shall be given preference.

Renumber items and sections to conform.

Amend totals and title to conform.

Rep. McTEER explained the amendment.

Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. KIRSH proposed the following Amendment No. 2 (Doc. No. 0749B), which was tabled.

Amend the Joint Resolution, as and if amended, Section 1, page 4, Item (11), line 14, Opposite /Contributions/ by striking /275,000/ and inserting /175,000/

Amend further, page 11, immediately after line 19, by inserting a new item appropriately numbered to read:

/( ) State Health & Human Services Finance Commission Children's Christmas Fund         100,000/

Amend further by inserting an appropriately numbered paragraph to read:

/( ) The Human Services Coordinating Council shall develop a method for the distribution of these funds in December to provide direct benefit to children in the state's custody. Funds may be used to provide necessities, clothing, toys and other items./

Renumber sections to conform.

Amend totals and title to conform.

Rep. KIRSH explained the amendment.

Reps. McABEE, KAY and SIMPSON spoke against the amendment.

Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 59 to 16.

Rep. J. Rogers proposed the following Amendment No. 3 (Doc. No. 0752B), which was tabled.

Amend the Joint Resolution, as and if amended, Section 1, Page 4, Item 12, by striking lines 20 and 21.

Amend further, Page 4 by striking paragraph 12.1.

Amend further, Page 5, Paragraph 12.2, by striking lines 1-9 beginning with /The amount appropriated/ and strike on line 17 /In the event/ and by striking lines 18-25.

Amend further, Page 9, Item 31, immediately after line 22 by inserting the following new sub-items to read:

/Anderson Facility             $110,000

Marlboro Facility             $40,000/.

Renumber items and sections to conform.

Amend totals and title to conform.

Rep. J. ROGERS explained the amendment.

MOTION NOTED

Rep. CORNING moved to reconsider the vote whereby Amendment No. 2 was tabled and the motion was noted.

Rep. NETTLES spoke against the amendment.

Rep. KEESLEY moved to table the amendment, which was agreed to by a division vote of 55 to 34.

AMENDMENT NO. 2-MOTION TO
RECONSIDER TABLED

The motion of Rep. CORNING to reconsider the vote whereby Amendment No. 2 was tabled was taken up.

Rep. McABEE moved to table the motion to reconsider, which was agreed to by a division vote of 48 to 24.

Reps. McLELLAN and ALTMAN explained the Section.

POINT OF ORDER

Rep. J. ROGERS raised the Point of Order that Item 12 of Section 1 of the Joint Resolution was out of order as it was not in compliance with Rule 5.3, Section (d), which states that "the full salary of the principal officer of each department, agency, or institution shall be set forth as an item distinct and apart."

Rep. McLELLAN moved that the House recede until completion of the Joint Assembly, which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of the Point of Order.

JOINT ASSEMBLY

At 12:00 Noon the Senate appeared in the Hall of the House.

The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.

ADDRESS BY
CHIEF JUSTICE GEORGE T. GREGORY, JR.

The Reading Clerk of the House read the following Concurrent Resolution:

H. 3526 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MARCH 22, 1989.

Chief Justice George T. Gregory, Jr. and distinguished party were escorted to the rostrum by Senators Williams, Martin, Shealy and Mullinax and Reps. RUDNICK, SHORT, WILKINS and D. MARTIN.

Lt. Governor Theodore introduced Chief Justice Gregory as follows:

"Members of this Joint Session, friends, fellow South Carolinians...It gives me a great deal of pleasure to introduce to you my friend, your friend, the most respected individual on the Judiciary, an individual who is carrying on the tradition of great greatness in the area of Chief Justices in traditional history customs of South Carolina. We're delighted to have with us today, the distinguished, honorable George T. Gregory, Chief Justice of the Supreme Court of our great state for his remarks. Please welcome him at this time."
Chief Justice Gregory addressed the Joint Assembly as follows:

"Mr. President, Mr. Speaker, members of the Joint Assembly, and friends...It is my great honor to be given the privilege of addressing the Joint Assembly as your Chief Justice. This tradition of the state of the Judiciary Address, which began with former Chief Justice Bruce Littlejohn, is emblematic of the cordiality which has characterized the judicial department's recent relationship with the legislative branch. Much good has been accomplished for the people of South Carolina by working together in an atmosphere of mutual understanding and respect. Our court continues to be deeply grateful to the leadership of both the Senate and House and to all senators and representatives for fostering this productive relationship. The pursuit of justice is the shared concern of all three branches of state government, the executive, legislative and judicial branches are in a real sense partners in the administration of justice. The challenges and responsibilities of each, however, are separate and distinct. Their common goal seeks to build for South Carolina a legal system that is just and fair to all citizens, limited only by fiscal constraints. This past year has been an eventful one, after a long and illustrious career as Circuit Court Judge, Supreme Court Justice and lastly Chief Justice. Chief Justice Ness retired February 26, 1988. He misses the Court and we miss him. I salute him for his dedication and tenacity, for his legal scholarship and for his leadership of both bench and bar. His contributions to our legal system, especially in the area of legal education and training, are far reaching. Through you, we publicly thank him. With the pending retirement of Chief Justice Ness, last January you so kindly elected me to succeed him. I qualified February 26, 1988. Again, I thank you for your confidence and pledge my continued fidelity to the people of our beloved state. In 1988, we welcomed a new justice to the Supreme Court, Jean H. Toal. By electing the first female to the Supreme Court, you made history.

Plus, you gave us a super judge. Three new Circuit Judges were elected, Carrol Conner and Ernest Kinard of the Fifth Circuit, and William Howard of the Ninth Circuit. Four new Family Court Judges joined the bench. Benny R. Greer of the Fourth Circuit, Joseph A. Wilson of the Fifth Circuit, John M. Rucker of the Eighth Circuit and Wayne M. Creech of the Ninth Circuit. All new judges are highly qualified, outstanding people and we wish for them the best in their new careers. Last summer the Court organized separate orientation and training sessions for the new Circuit and Family Court Judges. These sessions were very beneficial and instructive and the judges responded accordingly. During the current legislative session, you are to elect a new Circuit Judge at-large to succeed Judge Marion H. Kinon, who is retiring and two Family Court Judges to succeed Judge William J. McLeod of the Fourth Circuit, and Judge J. Clator Arrants of the Fifth Circuit, also retiring. Current procedures for the discipline of judges and lawyers have been the subject of intense scrutiny by our Supreme Court during the past year. Public confidence in both bench and bar is very much affected by the integrity of our disciplinary procedures. We are convinced of the efficacy of these procedures, but are always looking for fair and prudent ways to improve them. Our Court determined that lay participation in the disciplinary process of judges and lawyers would add strength and credence to the system. Accordingly, we have added two lay members to the Judicial Standards Commission, which investigates complaints about judges and two lay members to the Executive Committee of the Board of Commissioners of Grievances and Discipline which investigates complaints about lawyers. They have commenced their duties and now actively participate in all disciplinary proceedings. The time lapse from an initial complaint about a judge or lawyer until ultimate resolution continues to trouble our Court. After a preliminary examination by the appropriate commission, complaints of possible substance and validity are referred to the office of Attorney General to be formally processed. The Attorney General has a section of dedicated attorneys but lacks sufficient investigators to handle them promptly. He needs at least two additional skilled investigators. In a recent meeting with the Attorney General, our Court expressed our concerns about the delay. He had requested one additional investigator but one is not enough. Formal complaints cannot be prepared and filed by the Attorney General's office until after the investigators develop supporting evidence. We must eliminate all unnecessary delay in responding to complaints about both judges and lawyers. The Supreme Court has broad authority to sanction lawyers for misconduct, ranging from private reprimand to public reprimand to a definite suspension to indefinite suspension to disbarment. The Court's authority, however, to sanction judges is more limited. We can privately or publicly reprimand a judge or medically retire a disabled judge. The General Assembly is vested with the authority to impeach. I'm speaking of the Appellate, Circuit and Family Court Judges elected by the General Assembly. Authority to remove Masters-In-Equity, Probate Judges and Magistrates rests with the Governor, Municipal Judges may be removed by the City Councils. Thus, we see with regard to the discipline of judges, the Constitution and Statutory Law of this State delineates responsibility among the Governor, Legislative and Supreme Court. Professionalism was the focus of our message to the judges in 1988. We stressed ethics, attitude and demeanor and competence as we sought to improve the quality of our judiciary. This subject was discussed at conferences and seminars. The judges are more aware today than before. With the assistance of this and previous General Assemblies, 1988 marked the beginning of significant improvements in the physical facilities for the Appellate Courts of this State. Planned renovations of the Calhoun Building are now complete. The Court of Appeals, Court Administration, Court Finance and Personnel, The Board of Commissioners on Grievance and Discipline, The Judicial Standards Commission and the Board of Bar Examiners now occupy space in this handsome and functional facility. I commend Chief Judge Alex Sanders for his inspiration and leadership in this magnificent accomplishment. With funds from last year's General Appropriation Bill, we have completed the acquisition of the parking lot to the rear of the Supreme Court building. This greatly needed acquisition is of enormous assistance to us for now and for our long-term progress. The public, the Bar, our staff and the Court thank you. We are hopeful of beginning this fall, needed structural renovations and functional modernization of the Supreme Court Building itself. The asbestos removal project was completed in November. We are deeply appreciative to you for your support of these projects. They are critical to our long-range ability to function effectively for you and for the citizens of South Carolina. The needs of our system for additional trial level judicial personnel is the subject of continued study by the Court. We make no requests at this time but some information about the current status of the system may be of interest to you. The 1970's were years of profound change to the structure of our judicial system in South Carolina. With the passage of the new judicial article of the State's Constitution, the judicial department began its modern development. The late '70's saw a complete repaving of the trial level system in this State. Hodgepodge local county courts were eliminated and their functions integrated into a modern uniform Statewide Circuit and Family Court system, that restructuring was basically completed in 1980 with a system of 31 Circuit Court Judges and 46 Family Court Judges. Since 1980, there has been a tremendous growth in litigation. From 1981 through 1988 our Circuit Court filings increased from 70,394 to 110,281, a 57 percent increase in workload for the Circuit Courts. Additionally, from 1981 through 1988, our Family Court filings jumped from 54,240 to nearly 75,000, a growth of more than 37 percent in caseload. Dispositions have not kept pace with filings. Fortunately, about 70 percent of the 11,000 pending general sessions cases are less than 6 months old, the average length of time between an arrest and disposition in 14 months, pending common pleas cases climbed nearly 7 percent to 25,000 and the percentage less than a year old dipped to 97 percent after years slightly higher. Our goal is for every Family Court matter to be disposed of within 6 months of filing. Over 95 percent of pending cases are less than 6 months old. In the past 3 years, ending cases jumped from 15,000 to 18,000 presently. Their average age is two and one-half months. Domestic relations cases were disposed of on average, in 14 weeks compared to almost 8 weeks for juvenile matters. In 1988, we scheduled 1,364 terms of Circuit Court. Special Circuit Judges (Family Court Judges and Masters-In-Equity) held 68.4 terms and our retired judges 91.2 terms. Both categories were limited by their availability. The use of Family Court as Special Circuit Judges is becoming more difficult with the growth in filings there. In summary, our 1988 statistics show that current resources are not adequate to deal with the number of cases filed in Circuit Court. Without new resources of a reversal in filings, something we do not anticipate, the caseload will continue to grow and our ability to timely dispose of these cases will no longer exist. This particular need requires further review and study by the Court and the General Assembly as we jointly plan for the future. I will touch briefly on the other courts. The Appellate Courts, the Supreme Court, and the Court of Appeals are functioning well. The caseload of the Probate Courts has been tracked for five years and has remained relatively constant at more than 19,000 cases each year. Of the approximately one and a quarter million cases handled by the State Courts' the last 700,000 were handled in Magistrates' Courts and 400,000 were handled in Municipal Courts. Of course, a large share of these cases constitute bond forfeitures in traffic cases. We must remember that a citizen's typical encounter with the court system will be before a Magistrate or Municipal Judge. Permit me to introduce our colleagues present today. From the Supreme Court we have Justices David Harwell, Lee Chandler, Ernest Finney, and Jean Toal. Also with us today is retired Chief Justice Bruce Littlejohn. Chief Judge Sanders is speaking in Greenville today, but present from the Court of Appeals are Judges Randy Bell, Jasper Cureton, Jack Gardner, Bert Goolsby, and Curtis Shaw. All have been wonderfully encouraging and supportive. This month marks a milestone in the history of the United States. Our Constitution became effective March 4, 1789. Thus, we observe the Constitution's 200th Anniversary and the wonderful privileges and protections it affords. Permit me a comment of personal reminiscence. I cannot stand at this desk without remembering, as a young law student, my service as a member of the House staff. In the early '40's, after serving one year as a page, I was Bill Clerk and General Committee Clerk and occupied the chair to my far right. As a young lawyer, I was elected to the House in 1950 along with John Martin, Edward Saleeby, and Horace Smith. Marshall Williams was already a member. Elected later was Jack Lindsay, Ryan Shealy and James Waddell. These seven House members, now Senators, shared one of the most enjoyable and rewarding periods of my life. I know of no higher public service than representing the people of our State in the General Assembly. I approach my own responsibilities as the head of our system with the conviction that our greatest achievements occur when integrity, decency and a real faith in the dignity of the individual guide actions as judges. Thank you for your cooperation and continued support. Together we can help provide that unique way of life which is South Carolina's greatest resource. Thank You."

Upon the conclusion of his address, Chief Justice Gregory and his escort party retired from the Chamber.

JOINT ASSEMBLY RECEDES

The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.

The Senate accordingly retired to its Chamber.

THE HOUSE RESUMES

At 12:30 P.M. the House resumed, the SPEAKER in the chair.

Rep. J.W. JOHNSON moved that the House recede until 2:00 which was adopted.

THE HOUSE RESUMES

At 2:00 P.M. the House resumed, the SPEAKER in the chair.

POINT OF QUORUM

The question of a quorum was raised.

A quorum was later present.

H. 3602-AMENDED AND
ORDERED TO THIRD READING

Debate was resumed on the following Joint Resolution, the pending question being the consideration of Section I, the ruling on the Point of Order.

H. 3602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1988-89.

SPEAKER'S RULING

The SPEAKER stated that there was a pending Point of Order which he had to rule on.

The SPEAKER, citing Rule 5.3, sustained Rep. J. ROGER's earlier Point of Order.

Rep. T. ROGERS proposed the following Amendment No. 5 (Doc. No. 0762b), which was adopted.

Amend the resolution, as and if amended, Section 1, Page 4, Item (12), on line 21, opposite /system/, by striking /150,000/ and inserting immediately following line 21,

/Start-Up Costs             $110,250/

Renumber sections to conform.

Amend totals and title to conform.

Rep. T. ROGERS explained the amendment.

The amendment was then adopted.

POINT OF ORDER

Rep. J. ROGERS raised the Point of Order that Amendment No. 5 was out of order as a part of it dealt with a staff position and a salary and this was not allowed in the Capital Reserve Fund Bill.

Rep. T. ROGERS argued contra the Point.

The SPEAKER, citing Article 3, Section 36 of the Constitution and the provisions of Act No. 687 of 1988, sustained the Point of Order and ordered 'staff director' and the salary stricken from the previously adopted Amendment No. 5.

PARLIAMENTARY INQUIRY

Rep. SIMPSON inquired about the referral to a new position on page 6, line 18 and page 5, line 27 of the Joint Resolution.

The SPEAKER stated that it referred to equipment for new positions or agents.

Rep. GENTRY proposed the following Amendment No. 6 (Doc. No. 2922U), which was rejected.

Amend the resolution, as and if amended, in item (11), page 4, line 14, by striking: /Contributions 275,000/ and inserting /Contributions - Palmetto State Games 100,000/.

Amend totals and title to conform.

Rep. GENTRY explained the amendment.

Rep. McABEE spoke against the amendment.

Rep. GENTRY spoke in favor of the amendment.

Rep. WASHINGTON moved to table the amendment, which was not agreed to by a division vote of 32 to 51.

Reps. McABEE, KAY, CARNELL and SIMPSON spoke against the amendment.

Reps. McEACHIN, GENTRY and McLELLAN spoke in favor of the amendment.

Rep. SIMPSON moved to table the amendment.

POINT OF ORDER

Rep. McEACHIN raised the Point of Order that one hour had not elapsed since a similar motion was made, which point was sustained by the chair.

The amendment was then rejected by a division vote of 34 to 60.

Reps. McEACHIN and GENTRY proposed the following Amendment No. 7, which was adopted.

By adding a new subitem, appropriately numbered, to item 11:

Provided, that funds appropriated under item 11 may be expended only on property owned by the State of South Carolina or its political subdivisions.

Amend title and totals to conform.

Rep. McEACHIN explained the amendment.

Rep. McABEE moved to table the amendment, which was not agreed to by a division vote of 42 to 53.

Rep. McTEER spoke upon the amendment.

Rep. P. HARRIS spoke against the amendment.

SPEAKER Pro Tempore IN CHAIR

Rep. SHEHEEN spoke in favor of the amendment.

The amendment was then adopted by a division vote of 65 to 22.

SPEAKER IN CHAIR

Reps. BLACKWELL and JASKWHICH proposed the following Amendment No. 8 (Doc. No. 0765b).

Amend the resolution, as and if amended, Part I, Section 1, Item (21) State Library, by inserting immediately line 19 a new sub-item to read as follows:

/Matching Grants for Construction

of Library Facilities throughout

the state. State Librarian is

to determine the requirements

and criteria for the projects

$150,000/

Renumber sections to conform.

Amend totals and title to conform.

Rep. BLACKWELL explained the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. J. ROGERS proposed the following Amendment No. 9 (Doc. No. 0764b), which was adopted.

Amend the resolution, as and if amended, Part I, Section 1, Page 9, item (31) immediately after line 22, by inserting the following new sub-items to read:

/Marlboro Facility             $39,750/

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. ROGERS explained the amendment.

The amendment was then adopted.

Rep. FARR proposed the following Amendment No. 10 (Doc. No. 0767b), which was tabled.

Amend the resolution, as and if amended, Part I, Section 1, Item (38) Forestry Commission, line 3, opposite /Control/ by striking /$533,887/ and inserting /$437,887/

Amend further, by inserting immediately after line 3, a new sub-item to read as follows:

/Forest Fire equipment - Union County     $96,000/

Renumber sections to conform.

Amend totals and title to conform.

Rep. FARR explained the amendment.

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

Rep. J.C. JOHNSON proposed the following Amendment No. 11 (Doc. No. 0771b), which was adopted.

Amend the resolution, as and if amended, Section 1, page 11, Item (39) Legislative Department, line 7, opposite /Roll Call Equipment/ by striking /$175,000/ and inserting /$170,000/

Amend further, by inserting a new line immediately after line 8, to read as follows:

/Handicapped Restroom Facility         5,000/

Amend further by adding a new paragraph 39.1 to read:

/Up to $5,000 shall be used to provide a restroom facility for handicapped persons. This facility is to be provided in the State House restroom for women./

Renumber items and sections to conform.

Amend totals and title to conform.

Rep. J.C. JOHNSON explained the amendment.

The amendment was then adopted.

Reps. MANLY and JASKWHICH proposed the following Amendment No. 12 (Doc. No. 0768b), which was rejected.

Amend the Joint Resolution, as and if amended, Section 1, Page 4, Item /12), Judicial Department, Line 21, opposite /System/, by striking /150,000/ and inserting /0/.

Amend further, beginning on line 28, by striking Paragraph 12.1 in its entirety.

Amend further, Page 11, immediately after line 19, by inserting a new item appropriately numbered to read:

/( ) Roper Mountain Science Center -

Planetarium Projector                     110,250/

Renumber items and sections to conform.

Amend totals and title to conform.

Rep. MANLY explained the amendment.

Rep. KIRSH moved to table the amendment, which was not agreed to by a division vote of 38 to 40.

The question then recurred to the adoption of the amendment, which was rejected by a division vote of 42 to 52.

Reps. BLANDING, McELVEEN, McLEOD, BAXLEY and G. BROWN proposed the following Amendment No. 13 (Doc. No. 2930U), which was tabled.

Amend the resolution, as and if amended, in item (11), page 4, line 14, by adding immediately after /Contributions 275,000/ /Contributions - Sumter Opera House 100,000/.

Amend totals and title to conform.

Rep. BLANDING explained the amendment.

Rep. McELVEEN spoke in favor of the amendment.

Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 64 to 14.

Rep. GENTRY proposed the following Amendment No. 14, which was tabled.

Amend the resolution, as and if amended, in item (11) page 4 by adding:

Contributions--Little Mountain Town Park...$50,000

Amend totals and title to conform.

Rep. GENTRY explained the amendment and moved to table the amendment, which was agreed to.

Rep. GENTRY proposed the following Amendment No. 15, which was rejected.

Amend the resolution, as and if amended, in item (11) page 4 by adding:

Contributions--The Saluda County Park....$50,000

Amend totals and title to conform.

Rep. GENTRY explained the amendment.

Rep. McLELLAN moved to table the amendment, which was not agreed to.

The question then recurred to the adoption of the amendment, which was rejected by a division vote of 2 to 68.

Rep. FARR proposed the following Amendment No. 16 (Doc. No. 0772b), which was tabled.

Amend the resolution, as and if amended, Part I, Section 1, Item (38) Forestry Commission, Line 3, Opposite /Control/ by striking /$533,887/ and inserting /$443,887/.

Amend further, by inserting immediately after line 3, a new sub-item to read as follows:

/Forest Fire Equipment - Union County $90,000/

Renumber sections to conform.

Amend totals and title to conform.

Rep. FARR explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 44 to 23.

Reps. J. BROWN, McBRIDE, FABER and T. ROGERS proposed the following Amendment No. 17 (Doc. No. 0773b), which was tabled.

Amend the resolution, as and if amended, Section 1, Page 4, item (11) by inserting immediately after line 14 the following sub-item:

/U.S. Youth Games             50,000/

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. BROWN explained the amendment.

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

Reps. J. BROWN, McBRIDE, FABER and T. ROGERS proposed the following Amendment No. 18 (Doc. No. 0776b), which was tabled.

Amend the resolution, as and if amended, Section 1, Page 4, Item (11) by inserting immediately after line 14 the following sub-item:

/U.S. Youth Games         25,000/

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. BROWN explained the amendment.

Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 39 to 24.

LEAVE OF ABSENCE

The SPEAKER granted Rep. ALTMAN a temporary leave of absence to attend a Joint Legislative Committee meeting on State Bidding Practices.

Rep. GENTRY proposed the following Amendment No. 20, which was tabled.

Amend the resolution, as and if amended, in item (11), page 4, line 14, by striking /contribution 275,000/ and inserting /Contribution--Palmetto State Games     $90,000.

Amend title and totals to conform.

Rep. GENTRY explained the amendment.

Rep. McABEE moved to table the amendment.

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

Yeas 47; Nays 37

Those who voted in the affirmative are:

Bailey, K.             Baker                  Barfield
Baxley                 Bennett                Brown, G.
Burriss, M.D.          Carnell                Chamblee
Cole                   Davenport              Elliott
Farr                   Felder                 Ferguson
Gregory                Hallman                Harris, J.
Harris, P.             Hearn                  Hendricks
Kay                    Keegan                 Keesley
Keyserling             Lockemy                Mappus
Martin, D.             Martin, L.             McAbee
McTeer                 Moss                   Phillips
Rama                   Rhoad                  Rudnick
Simpson                Snow                   Townsend
Tucker                 Vaughn                 Waites
Washington             Wells                  Whipper
White                  Wilder

Total-47

Those who voted in the negative are:

Alexander, T.C.        Blanding               Boan
Brown, H.              Bruce                  Burch
Clyborne               Fant                   Gentry
Glover                 Harwell                Hayes
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kirsh
Klapman                Koon                   Limehouse
Littlejohn             Manly                  McCain
McEachin               McElveen               McKay
McLellan               McLeod                 Neilson
Nesbitt                Nettles                Quinn
Sheheen                Smith                  Sturkie
Wofford

Total-37

So, the amendment was tabled.

RECORD FOR VOTING

I was out of the Chamber attending the Senate Agriculture Subcommittee Public Hearing on the Beachfront Management Bill.

I wish to be recorded as voting in favor of tabling Amendment No. 20.

Rep. CORBETT

AMENDMENT NO. 8--TABLED

Debate was resumed on Amendment No. 8 by Reps. BLACKWELL and JASKWHICH.

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

Reps. BLACKWELL and JASKWHICH proposed the following Amendment No. 21 (Doc. No. 0777b), which was adopted.

Amend the resolution, as and if amended, Part I, Section I, page 4, line 21 as amended, by striking /State Public Defender System         $110.250/ in its entirety

Amend further, Item (21) State Library, page 7, by inserting immediately after line 19 a new line to read as follows:

/Matching Grants for Construction of Library Facilities throughout the State. State Librarian is to determine the requirements and criteria for the project. $110,250/

Renumber items and sections to conform.

Amend totals and title to conform.

Rep. BLACKWELL explained the amendment.

The amendment was then adopted.

Reps. BLANDING, McELVEEN, McLEOD, BAXLEY and G. BROWN proposed the following Amendment No. 23 (Doc. No. 2940U), which was tabled.

Amend the resolution, as and if amended, in item (11), page 4, line 14, by striking     /Contributions         275,000/
and inserting:

/Contributions:

Palmetto State Games

Whipper - Barony Park

Abbeville Opera House

Sumter Opera House             275,000/.

Amend totals and title to conform.

Rep. BLANDING explained the amendment.

Rep. McABEE spoke against the amendment.

POINT OF ORDER

Rep. BEASLEY raised the Point of Order that Amendment No. 23 was out of order as it was in violation of the Constitution.

The SPEAKER stated that it was a public purpose and he overruled the Point of Order.

Rep. McELVEEN spoke in favor of the amendment.

Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 47 to 24.

Rep. HAYES proposed the following Amendment No. 24 (Doc. No. 0778b), which was tabled.

Amend the resolution, as and if amended, Section 1, Page 4, Item (11) - Dept. of Parks, Recreation & Tourism, line 10, opposite /Recreation Land Trust Fund/ by striking /1,000,000/ and inserting /1,275,000/

Amend further, line 14, opposite /Contributions/ by striking /275,000/ and inserting /0/

Renumber sections to conform.

Amend totals and title to conform.

Rep. HAYES explained the amendment.

Rep. McABEE moved to table the amendment.

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

Yeas 49; Nays 44

Those who voted in the affirmative are:

Alexander, M. O.       Bailey, G.             Bailey, K.
Baker                  Bennett                Brown, G.
Burriss, M.D.          Carnell                Chamblee
Cooper                 Derrick                Elliott
Faber                  Felder                 Glover
Harris, J.             Harvin                 Hearn
Hendricks              Kay                    Keegan
Keesley                Kohn                   Lockemy
Manly                  Martin, D.             Martin, L.
McAbee                 McBride                McTeer
Moss                   Quinn                  Rama
Rogers, T.             Rudnick                Sharpe
Simpson                Smith                  Taylor
Tucker                 Vaughn                 Waites
Washington             Whipper                White
Wilder                 Wilkes                 Winstead
Wright

Total-49

Those who voted in the negative are:

Alexander, T.C.        Barfield               Baxley
Blanding               Boan                   Brown, H.
Bruce                  Clyborne               Cole
Davenport              Fant                   Farr
Ferguson               Foster                 Gentry
Gregory                Hallman                Hayes
Hodges                 Huff                   Jaskwhich
Johnson, J.C.          Johnson, J.W.          Kirsh
Klapman                Lanford                Limehouse
Littlejohn             Mappus                 Mattos
McCain                 McEachin               McElveen
McGinnis               McLellan               McLeod
Neilson                Nesbitt                Nettles
Phillips               Sheheen                Snow
Wells                  Wofford

Total-44

So, the amendment was tabled.

RECORD FOR VOTING

I was out of Chamber attending the Senate Agriculture Subcommittee Public Hearing on the Beachfront Management Bill.

I wish to be recorded as voting in favor of tabling Amendment No. 24.

Rep. CORBETT

Reps. BLANDING, McELVEEN, McLEOD, BAXLEY and G. BROWN proposed the following Amendment No. 26 (Doc. No. 2945U), which was tabled.

Amend the resolution, as and if amended, in item (38), page 11, by changing lines 3 and 4 to $433,887.

Amend further in item (11), page 4, line 14, by adding immediately after /Contributions $375,000/

/Contributions - Sumter Opera House 100,000/, Abbeville Opera House 100,000, Whipper Barony 75,000 and Palmetto State Games $100,000.

Amend totals and title to conform.

Rep. BLANDING explained the amendment.

Rep. WINSTEAD moved to table the amendment, which was agreed to by a division vote of 57 to 10.

Section 1, as amended, was then adopted.

Rep. FELDER moved to reconsider the vote whereby Section 1, as amended, was adopted.

Rep. J.W. JOHNSON moved to table the motion to reconsider.

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

Yeas 69; Nays 13

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C         Bailey, G.
Bailey, J.             Bailey, K.             Baker
Barfield               Bennett                Blackwell
Boan                   Brown, R.              Bruce
Burriss, M.D.          Chamblee               Cole
Cooper                 Davenport              Elliott
Felder                 Ferguson               Foster
Hallman                Harris, J.             Harris, P.
Harvin                 Hearn                  Hendricks
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Kay                    Keegan
Keesley                Kirsh                  Kohn
Lanford                Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McCain
McEachin               McGinnis               McLellan
McTeer                 Moss                   Nesbitt
Nettles                Rama                   Rhoad
Rogers, J.             Rudnick                Sheheen
Simpson                Smith                  Tucker
Vaughn                 Waites                 Washington
Wells                  Whipper                Wilder
Wilkes                 Winstead               Wright

Total-69

Those who voted in the negative are:

Blanding               Brown, H.              Clyborne
Gentry                 Haskins                Hayes
Limehouse              McElveen               McLeod
Phillips               Quinn                  Sharpe
Wofford

Total-13

So, the motion to reconsider was tabled.

RECORD FOR VOTING

I was out of the Chamber attending the Senate Agriculture Subcommittee Public Hearing on the Beachfront Management Bill.

I wish to be recorded as voting in favor of tabling the motion to reconsider.

Rep. CORBETT

Section 2 was adopted.

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

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

Yeas 91; Nays 11

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barfield               Baxley
Beasley                Bennett                Blackwell
Boan                   Brown, G.              Brown, H.
Brown, R.              Bruce                  Burch
Burriss, M.D.          Carnell                Chamblee
Cole                   Cooper                 Corning
Derrick                Elliott                Faber
Fair                   Fant                   Felder
Ferguson               Foster                 Hallman
Harris, P.             Harvin                 Harwell
Hayes                  Hearn                  Hendricks
Huff                   Jaskwhich              Johnson, J.C.
Johnson, J.W.          Keegan                 Keesley
Keyserling             Kirsh                  Klapman
Kohn                   Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McGinnis
McKay                  McLellan               McLeod
McTeer                 Moss                   Neilson
Nesbitt                Nettles                Phillips
Rama                   Rhoad                  Rogers, J.
Rudnick                Sharpe                 Sheheen
Simpson                Smith                  Snow
Tucker                 Vaughn                 Waites
Waldrop                Washington             Whipper
White                  Wilder                 Wilkes
Wilkins                Winstead               Wofford
Wright

Total-91

Those who voted in the negative are:

Blanding               Clyborne               Davenport
Farr                   Gentry                 Haskins
Lanford                McEachin               McElveen
Quinn                  Wells

Total-11

So, the Joint Resolution, having received the necessary two-thirds vote of the members present and voting, and not less than three-fifth's of the total membership of the House, was passed and ordered to third reading.

RECORD FOR VOTING

I was out of the Chamber attending the Senate Agriculture Subcommittee Public Hearing on the Beachfront Management Bill.

I wish to be recorded as voting in favor of the Bill.

Rep. CORBETT

MOTION TABLED

Rep. R. BROWN moved that the House recur to the morning hour.

POINT OF ORDER

Rep. McLELLAN raised the Point of Order that the motion to recur to the morning hour was out of order, as the House was now on Special Orders.

The SPEAKER stated that the number of the Bill for Special Order had not been rend and he overruled the Point of Order.

Rep. McLELLAN moved to table the motion to recur, which was agreed to by a division vote of 66 to 21.

Rep. FARR moved that the House do now adjourn.

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

Yeas 10; Nays 80

Those who voted in the affirmative are:

Bailey, J.             Baxley                 Bennett
Davenport              Farr                   Hallman
Harwell                Lanford                Nesbitt
Phillips

Total-10

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Baker                  Barfield               Beasley
Blackwell              Boan                   Brown, H.
Bruce                  Burriss, M.D.          Chamblee
Clyborne               Cole                   Cooper
Corning                Derrick                Faber
Fair                   Fant                   Felder
Ferguson               Foster                 Gentry
Glover                 Gregory                Harris, J.
Harris, P.             Harvin                 Haskins
Hearn                  Hendricks              Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Kohn
Littlejohn             Lockemy                Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McBride                McElveen
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Quinn                  Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Sheheen                Short
Simpson                Smith                  Snow
Tucker                 Vaughn                 Waites
Waldrop                Wells                  White
Wilder                 Wilkes                 Winstead
Wofford                Wright

Total-80

So, the House refused to adjourn.

RECORD FOR VOTING

I was out of the Chamber attending the Agriculture Subcommittee Public Hearing on the Beachfront Management Bill.

I wish to be recorded as voting against the motion to adjourn.

Rep. CORBETT

H. 3601-AMENDED AND
ORDERED TO THIRD READING

The following Bill was taken up.

H. 3601 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT, TO IDENTIFY THE SOURCES OF FUNDS FOR THE SUPPLEMENTAL APPROPRIATIONS; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-22 SO AS TO REQUIRE THE COMMISSION ON HIGHER EDUCATION, IN CONSULTATION WITH THE STATE BOARD OF EDUCATION TO ESTABLISH A CENTER FOR THE ADVANCEMENT OF TEACHING AND SCHOOL, LEADERSHIP, TO PROVIDE FOR THE CENTER'S PURPOSE AND RESPONSIBILITIES; BY ADDING SECTION 59-29-220 SO AS TO PROVIDE A DISCIPLINE-BASED ARTS EDUCATION CURRICULUM FOR SCHOOLS OF THE STATE; AND BY ADDING SECTION 59-1-452 SO AS TO ESTABLISH THE PUBLIC SCHOOL EMPLOYEE COST SAVINGS PROGRAM.

PART I
SECTION 1

Section 1 was adopted.

SECTION 2-AMENDED AND ADOPTED

Rep. LIMEHOUSE proposed the following Amendment No. 5 (Doc. No. 0748b), which was adopted.

Amend the bill, as and if amended, Part I, Section 2, Page 3, Item (3)(b), Department of Education, line 15, opposite /Textbooks/ by striking /5,501,498/ and inserting /5,086,498/.

Amend further, immediately after line 38, by inserting a new item appropriately numbered to read:

/( ) Reading Recovery Program         100,000/.

Renumber items and sections to conform.

Amend totals and title to conform.

Rep. LIMEHOUSE explained the amendment.

The amendment was then adopted.

Reps. BOAN, J. HARRIS and T. ROGERS proposed the following Amendment No. 4 (Doc. No. 0741b), which was adopted.

Amend the bill, as and if amended, Part I, Section 2 Item (3)(b), Department of Education, Page 3, Line 15, opposite /Textbooks/ by striking /5,501,498/ and inserting /5,086,498/

Amend further, Line 17, Item (3)(d), opposite /Bus Replacement/, by striking /8,700,000/ and inserting /$8,815,000/

Amend Further, Page 4, immediately after line 18, by inserting a new item appropriately numbered to read:

/( ) Development Board

Advertising             $200,000/

Renumber items and sections to conform.

Amend totals and title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Reps. KIRSH, KLAPMAN and J.W. JOHNSON proposed the following Amendment No. 3 (Doc. No. 2830U), which was adopted.

Amend the bill, as and if amended, Part I, SECTION 2, page 4, item (6), by inserting immediately after line 13

(6.1) Of the funds appropriated for the Cutting Edge: Research Investment Initiative, twenty-five percent of the funds must be allocated to the state's senior public colleges. If the number of quality proposals for funds submitted by the senior colleges does not necessitate the twenty-five percent allocation, then the remaining funds must be allocated by the Commission on Higher Education to the state's public universities./

Amend title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. J. HARRIS and McABEE proposed the following Amendment No. 2 (Doc. No. 0747b), which was adopted.

Amend the bill, as and if amended, Part I, Section 2, page 4, immediately after line 18, by inserting a new item appropriately numbered to read:

/( ) Joint Legislative Committee on Cultural Affairs

Brochure Reprint & Surveys             $4,104/

Renumber sections to conform.

Amend totals and title to conform.

Rep. J. HARRIS explained the amendment.

The amendment was then adopted.

Rep. FABER proposed the following Amendment No. 6 (Doc. No. 2912U), which was tabled.

Amend the bill, as and if amended, in Part I, Section 2, page 4, by adding an appropriately numbered item to read:

/( ) State Board for Technical

and Comprehensive Education

Pilot program--employment

retraining for unemployed or

underemployed farm workers             50,000/

Renumber items to conform.

Amend title and totals to conform.

Rep. FABER explained the amendment.

Rep. McLELLAN spoke against the amendment.

Rep. FABER spoke in favor of the amendment.

Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 62 to 16.

POINT OF ORDER

Rep. LITTLEJOHN moved that the House recur to the morning hour.

Rep. KIRSH moved to table the motion, which was not agreed to by a division vote of 40 to 62.

POINT OF ORDER

Rep. McLELLAN raised the Point of Order that the motion to recur to the morning hour was out of order, as the House was now on Special Orders.

Rep. R. BROWN stated that each Special Order Bill was a separate item.

The SPEAKER stated that the House was now considering a Special Order Bill and he sustained the Point of Order.

Rep. T. ROGERS proposed the following Amendment No. 7 (Doc. No. 0766b), which was adopted.

Amend the bill, as and if amended, Part I, Section 2, Page 4, by inserting immediately following line 18 the following new item to read:

/( ) Indigent Defense Services

Staff Director                         $39,750

/Start-up Costs                     $106,146/

Amend further by inserting the following new paragraph to read:

/( ) The amount appropriated in this item for the Indigent Defense Services must lapse and become a part of the General Fund in the event the General Assembly does not enact legislation creating the Indigent Defense System during the 1989 session./

Renumber sections to conform.

Amend totals and title to conform.

Rep. T. ROGERS explained the amendment.

The amendment was then adopted.

Reps. McEACHIN and R. BROWN proposed the following Amendment No. 9 which was ruled out of order.

Amend the Bill by striking on page 3, lines 29-31 and lines 34-35.

Amend further by striking on page 2, line 28 3,431,678 and inserting 4,431,678.

Amend title and total to conform.

Rep. McEACHIN explained the amendment.

POINT OF ORDER

Rep. BOAN raised the Point of Order that Amendment No. 9 was out of order as it was spending EIA money.

The SPEAKER sustained the Point of Order and ruled the Amendment out of order.

Reps. BOAN, KIRSH and T. ROGERS explained the Section.

Rep. McEACHIN proposed the following Amendment No. 10 which was tabled.

Amend the Bill by striking on page 3, lines 29-31 and lines 34-35 in their entirety.

Add after line 37

Textbooks                     1,000,000

Amend title and totals to conform.

Rep. McEACHIN explained the amendment.

Rep. BOAN spoke against the amendment.

POINT OF ORDER

Rep. J. ROGERS raised the Point of Order that Amendment No. 10 was out of order as it was spending EIA money on general fund items.

Rep. McEACHIN, with unanimous consent, amended the amendment at the desk.

Rep. McEACHIN spoke in favor of the amendment.

SPEAKER'S RULING

The SPEAKER stated that it was unnecessary to rule on Rep. J. ROGERS' Point of Order on Amendment No. 10, as the Amendment was changed at the desk with unanimous consent.

Rep. McGINNIS moved that the House do now adjourn.

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

Yeas 23; Nays 81

Those who voted in the affirmative are:

Alexander, M.O.        Bailey, J.             Baxley
Blanding               Brown, G.              Carnell
Davenport              Glover                 Gregory
Harris, P.             Hendricks              Lanford
Martin, L.             McAbee                 McGinnis
McLeod                 Rhoad                  Short
Simpson                Smith                  Townsend
Tucker                 Wells

Total-23

Those who voted in the negative are:

Alexander, T.C.        Altman                 Bailey, G.
Bailey, K.             Baker                  Barber
Barfield               Beasley                Bennett
Blackwell              Boan                   Brown, H.
Brown, J.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Chamblee
Clyborne               Cole                   Cooper
Corbett                Corning                Derrick
Elliott                Faber                  Farr
Ferguson               Foster                 Gentry
Hallman                Harris, J.             Harvin
Harwell                Haskins                Hayes
Hearn                  Hodges                 Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Klapman
Kohn                   Limehouse              Littlejohn
Lockemy                Manly                  Mappus
Martin, D.             Mattos                 McBride
McCain                 McEachin               McKay
McLellan               McTeer                 Moss
Neilson                Nesbitt                Nettles
Phillips               Quinn                  Rama
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Snow                   Taylor
Vaughn                 Waites                 White
Wilder                 Wofford                Wright

Total-81

So, the House refused to adjourn.

Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 67 to 30.

Section 2, as amended, was adopted.

SECTION 3

Section 3 was adopted.

PART II
SECTION 1-ADOPTED

Rep. McEACHIN moved to table the Section.

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

Yeas 11; Nays 91

Those who voted in the affirmative are:

Baxley                 Bruce                  Burriss, M.D.
Clyborne               Cole                   Davenport
Gregory                Hallman                Haskins
McEachin               McGinnis

Total-11

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Beasley                Bennett                Blackwell
Boan                   Brown, H.              Brown, J.
Brown, R.              Burch                  Carnell
Chamblee               Cooper                 Corbett
Corning                Derrick                Elliott
Faber                  Farr                   Foster
Gentry                 Glover                 Harris, J.
Harris, P.             Harvin                 Hayes
Hearn                  Hendricks              Hodges
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Klapman
Kohn                   Limehouse              Littlejohn
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McBride                McCain                 McElveen
McLellan               McLeod                 McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Quinn
Rama                   Rhoad                  Rogers, J.
Rogers, T.             Rudnick                Sharpe
Sheheen                Short                  Simpson
Smith                  Snow                   Taylor
Townsend               Tucker                 Vaughn
Waites                 Washington             Wells
Whipper                White                  Wilder
Wilkes                 Wilkins                Wofford
Wright

Total-91

So, the House refused to table the Section.

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

SECTION 2

Section 2 was adopted.

SECTION 3-ADOPTED

Rep. BOAN explained the section.

Section 3 was adopted.

PART III

Part III was adopted.

PART I, SECTION 2-
MOTION TO RECONSIDER TABLED

Rep. MANLY moved to reconsider the vote whereby Part I, Section 2 was adopted.

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

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

RECURRENCE TO THE MORNING HOUR

Rep. H. BROWN moved that the House recur to the morning hour.

Rep. LIMEHOUSE moved that the House do now adjourn.

POINT OF ORDER

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

The question then recurred to the motion that the House recur to the morning hour.

Rep. McCAIN moved to table the motion to recur.

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

Yeas 15; Nays 84

Those who voted in the affirmative are:

Bailey, K.             Burriss, M.D.          Cooper
Foster                 Hayes                  Hearn
Kirsh                  Klapman                Limehouse
McCain                 McElveen               Nesbitt
Sheheen                Short                  Simpson

Total-15

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Baker                  Barber
Barfield               Baxley                 Beasley
Bennett                Blackwell              Blanding
Boan                   Brown, G.              Brown, H.
Brown, R.              Burch                  Carnell
Chamblee               Clyborne               Cole
Corbett                Corning                Derrick
Elliott                Faber                  Farr
Ferguson               Gentry                 Glover
Gregory                Hallman                Harris, J.
Harvin                 Harwell                Haskins
Hendricks              Hodges                 Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Littlejohn             Lockemy
Manly                  Mappus                 Martin, L.
Mattos                 McAbee                 McEachin
McGinnis               McKay                  McLellan
McLeod                 McTeer                 Moss
Neilson                Nettles                Phillips
Quinn                  Rama                   Rhoad
Rogers, J.             Rogers, T.             Rudnick
Sharpe                 Smith                  Snow
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wells
White                  Wilder                 Wilkes
Winstead               Wofford                Wright

Total-84

So, the House refused to table the motion to recur to the morning hour.

Rep. WASHINGTON moved that the House do now adjourn.

POINT OF ORDER

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

The question then recurred to the motion that the House recur to the morning hour.

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

The motion to recur to the morning hour was agreed to by a division vote of 88 to 4.

Rep. CARNELL moved that the House do now adjourn.

POINT OF ORDER

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

Yeas 18; Nays 82

Those who voted in the affirmative are:

Bailey, G.             Bailey, J.             Bailey, K.
Burriss, M.D.          Jaskwhich              Klapman
Limehouse              McBride                McGinnis
Nesbitt                Sharpe                 Short
Simpson                Smith                  Washington
Wells                  Whipper                Wilkins

Total-18

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Blanding               Boan
Brown, G.              Brown, H.              Brown, R.
Bruce                  Burch                  Carnell
Chamblee               Clyborne               Cole
Cooper                 Corbett                Derrick
Elliott                Farr                   Ferguson
Foster                 Gentry                 Gregory
Hallman                Harris, J.             Harvin
Harwell                Haskins                Hayes
Hearn                  Hendricks              Hodges
Huff                   Johnson, J.W.          Kay
Keegan                 Keesley                Keyserling
Kirsh                  Littlejohn             Lockemy
Manly                  Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McEachin               McElveen               McKay
McLellan               McLeod                 McTeer
Moss                   Neilson                Nettles
Phillips               Quinn                  Rama
Rhoad                  Rogers, J.             Rogers, T.
Rudnick                Sheheen                Snow
Townsend               Tucker                 Vaughn
Waites                 Waldrop                Wilder
Wilkes                 Winstead               Wofford
Wright

Total-82

So, the House refused to adjourn.

POINT OF ORDER

Rep. LIMEHOUSE raised the Point of Order that the motion to recur to the morning hour was out of order as the House was now considering Special Orders.

The SPEAKER stated that the motion was made after the second reading of one Special Order Bill and before the next Special Order Bill was taken up by the House and he overruled the Point of Order.

REPORTS OF STANDING COMMITTEES

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

H. 3398 -- Reps. J. Rogers, T.C. Alexander, Altman, K. Bailey, Baker, Barfield, Baxley, Beasley, Blanding, G. Brown, H. Brown, R. Brown, Bruce, Burch, Chamblee, Cork, Davenport, Elliott, Farr, Felder, Gentry, Glover, Gordon, J. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, Keegan, Koon, Lanford, Lockemy, L. Martin, McEachin, McElveen, McGinnis, McKay, McLellan, Neilson, Nettles, T. Rogers, Rudnick, Snow, Stoddard, Sturkie, Tucker, Waldrop, Washington, Wilder, D. Williams, J. Williams, Wofford and Moss: A BILL TO AMEND SECTION 33-49-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING BY MEMBERS OF ELECTRIC COOPERATIVES, SO AS TO ELIMINATE VOTING BY MAIL AT COOPERATIVE MEETINGS; TO AMEND SECTION 33-49-610, RELATING TO TRUSTEES OF ELECTRIC COOPERATIVES, SO AS TO REVISE PROVISIONS FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO PROVIDE FOR REMOVAL OF TRUSTEES FOR CAUSE; AND TO AMEND SECTION 33-49-1030, RELATING TO ACTIONS PERTAINING TO DISSOLUTION BY THE BOARD OF TRUSTEES AND MEMBERS OF A COOPERATIVE, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES A COOPERATIVE SHALL FOLLOW IN ORDER TO BE DISSOLVED INCLUDING THE REQUIREMENT OF AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL THE MEMBERS OF THE COOPERATIVE, AND TO PROVIDE FOR ABSENTEE BALLOTS UNDER CERTAIN CIRCUMSTANCES.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 71 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA REAL ESTATE COMMISSION FOR SIX YEARS.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3565 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR CONSUMER FINANCE COMPANIES; AND TO AMEND SECTION 37-3-503, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

H. 3707 -- Rep. Nettles: A BILL TO AMEND SECTION 38-77-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND DESIGNATED PRODUCERS, SO AS TO PROVIDE THAT AN APPLICANT MAINTAINING MULTIPLE OFFICES ON JUNE 4, 1987, IS ENTITLED TO MAINTAIN MULTIPLE LOCATIONS AS A DESIGNATED AGENT FOR EACH LOCATION HE OWNED AND OPERATED AT THAT TIME AND THROUGH WHICH PREMIUMS OF A CERTAIN AMOUNT WERE WRITTEN.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:

S. 67 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR SIX YEARS.

Ordered for consideration tomorrow.

Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:

S. 400 -- Finance Committee: A BILL TO AMEND SECTION 40-58-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY REQUIREMENTS FOR MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REQUIRED AMOUNT FOR SECURITY AND BOND REQUIREMENTS FROM FIFTY THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

H. 3494 -- Reps. McAbee, Cork, Corning, Burch, Rama, L. Martin, H. Brown, McCain, G: Bailey, Sharpe, White, Haskins, Wells, Neilson, Corbett, Keesley, Washington, McTeer, P. Harris, Kirsh, Wilkins, Taylor, Stoddard, Carnell, T.C. Alexander, Beasley, Harvin, Farr, Glover, McGinnis, Wofford, Chamblee, Mattos, Baker, Keegan, J.C. Johnson, Vaughn, Fant, Davenport, Phillips, J. Williams, Littlejohn and Jaskwhich: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.

Ordered for consideration tomorrow.

Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:

S. 359 -- Senators Long, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.

Ordered for consideration tomorrow.

CONCURRENT RESOLUTION

The following was introduced:

H. 3730 -- Reps. Harvin and McLeod: A CONCURRENT RESOLUTION CONGRATULATING LAURENCE MANNING ACADEMY OF CLARENDON COUNTY FOR WINNING ITS SECOND CONSECUTIVE SCISAA 3A STATE CHAMPIONSHIP IN BOYS' BASKETBALL.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 557 -- Senators Helmly, Horace C. Smith, Lee, Russell, Moore and Fielding: A CONCURRENT RESOLUTION TO RECOGNIZE AMOCO CORPORATION AND ITS SUBSIDIARIES FOR ONE HUNDRED YEARS OF SERVICE TO THE STATE AND FOR ITS MANY ECONOMIC AND SOCIAL CONTRIBUTIONS TO IMPROVE THE QUALITY OF LIFE FOR ALL SOUTH CAROLINIANS AND TO WISH IT EVERY SUCCESS IN THE FUTURE AS IT CONTINUES TO SERVE OUR STATE.

Whereas, 1989 marks the completion of one hundred years of service to South Carolina by Amoco Corporation; and

Whereas, the company has grown from a local provider of petroleum to a major petroleum and chemical supplier for the entire free world: and

Whereas, Amoco Corporation has chemical and plastic manufacturing facilities located in Berkeley and Greenville Counties, oil terminal facilities in North Augusta and Spartanburg, and over three hundred branded gasoline outlets across the State; and

Whereas, the company contributes to the economy of the State with a payroll of more than one thousand employees, purchases of goods and services, dividends to stockholders, and taxes; and

Whereas, Amoco Corporation, responding to the needs of society, traditionally has participated in a broad variety of projects that improve the quality of life in the communities where it operates; and

Whereas, the company has developed long-standing and extensive programs to further education, such as the building of the John E. Swearingen Engineering Center at the University of South Carolina, civic and community service projects, and statewide cultural organizations; and

Whereas, over the years Amoco Corporation has supported positive and balanced conservation of all natural resources and taken precautions reasonably necessary to protect the environment wherever the company operates. Now, therefore,

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

That the members of the General Assembly recognize Amoco Corporation and its subsidiaries for one hundred years of service to the State and for its many economic and social contributions to improve the quality of life for all South Carolinians and wish it every success in the future as it continues to serve our State.

Be it further resolved that a copy of this resolution be forwarded to the Chairman of the Board of Amoco Corporation.

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

INTRODUCTION OF BILLS

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

H. 3731 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING ARRANGEMENTS FOR STUDENTS WITH LEARNING DISABILITIES WHO TAKE THE HIGH SCHOOL EXIT EXAM.

Referred to Committee on Education and Public Works.

H. 3732 -- Reps. Fair and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1045 SO AS TO PROVIDE FOR A TWENTY-SEVEN AND EIGHT-TENTHS PERCENT SURTAX ON BEER AND WINE TAXES AND FOR ITS DISTRIBUTION.

Referred to Committee on Ways and Means.

H. 3733 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-15-135 SO AS TO PROVIDE THAT NO MOTOR VEHICLE DEALER MAY SELL A PERSON PURCHASING A MOTOR VEHICLE AN ADDITIONAL WARRANTY OR GUARANTEE ON THE VEHICLE FOR A CERTAIN PERIOD OF TIME IF THE SAME OR A SUBSTANTIALLY SIMILAR WARRANTY IS PART OF THE MANUFACTURER'S EXPRESS WARRANTY ON THE VEHICLE FOR THE SAME PERIOD OF TIME, AND TO PROVIDE PENALTIES FOR VIOLATION.

Referred to Committee on Labor, Commerce and Industry.

H. 3734 -- Rep. Nettles: A BILL TO AMEND SECTION 24-9-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OF STATE AND LOCAL FACILITIES HOUSING PRISONERS AND PRETRIAL DETAINEES, SO AS TO PROVIDE FOR AN INSPECTION OF FOOD SERVICE OPERATIONS, AND TO AMEND SECTION 24-9-30, RELATING TO THE ENFORCEMENT OF MINIMUM STANDARDS FOR THE INSPECTIONS, SO AS TO INCLUDE THE FOOD SERVICE INSPECTION AND PROVIDE FOR ACTION THAT MAY BE ORDERED BY THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS INSTEAD OF CLOSING A FACILITY WHEN STANDARDS ARE NOT MET.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3735 -- Rep. Davenport: A BILL TO AMEND SECTIONS 16-19-40 AND 16-19-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL GAMES AND BETTING, SO AS TO REVISE THE PROVISIONS DETAILING WHICH GAMES AND LOCATIONS ARE UNLAWFUL BY PROHIBITING THE PLAYING OF A GAME WITH CARDS OR DICE OR AT A GAMING TABLE OR BETTING FOR ANY THING OF VALUE, PROVIDE FOR A PERSON KEEPING A PUBLIC OR PRIVATE PLACE FOR GAMING OR GAMBLING TO BE GUILTY OF A FELONY, AND REVISE PENALTIES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE PROVIDED FOR IN THIS ACT; AND TO REPEAL SECTIONS 16-19-50, 16-19-70, 16-19-90, 16-19-100, 16-19-130, 16-19-140, 16-19-150, AND 16-19-160 RELATING TO GAMING AND GAMBLING.

Referred to Committee on Judiciary.

H. 3736 -- Rep. Gregory: A BILL TO AMEND SECTION 62-2-201, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE. RIGHT OF ELECTIVE SHARE UNDER THE UNIFORM PROBATE CODE, SO AS TO PROVIDE THAT A SURVIVING SPOUSE MUST BE MARRIED TO A DECEDENT FOR AT LEAST SEVEN CONSECUTIVE YEARS IN ORDER TO HAVE THE RIGHT OF ELECTIVE SHARE.

Referred to Committee on Judiciary.

H. 3737 -- Reps. Felder, Blackwell, Cooper, Ferguson, Lockemy and Short: A JOINT RESOLUTION TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CONSTRUCT ADDITIONAL MEDICAID CERTIFIED NURSING HOME BEDS AND PROVIDE ADEQUATE FUNDS TO PAY FOR THE CARE GIVEN TO THE ADDITIONAL MEDICAID PATIENTS WHEN THESE NEW BEDS ARE CONSTRUCTED AND CERTIFIED, AUTHORIZE THE DEPARTMENT TO CONTRACT WITH NURSING HOMES IN GEORGIA AND NORTH CAROLINA TO PROVIDE CARE FOR MEDICAID PATIENTS FROM THIS STATE DURING THE FIRST FISCAL YEAR BEFORE THE AUTHORIZED ADDITIONAL BEDS ARE CONSTRUCTED, PROVIDE FOR THE ADMISSION PROCEDURES FOR PATIENTS, AND REQUIRE THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO EXPAND THE HOSPITAL "SWING BED" PROGRAM TO THE MAXIMUM EXTENT ALLOWED BY FEDERAL LAW.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 3738 -- Rep. Harvin: A BILL TO AMEND SECTION 12-51-95, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF A MOBILE OR MODULAR HOME BY ITS OWNER, SO AS TO PROVIDE THAT THE HOME MAY NOT BE REMOVED BY ANY DEFAULTING TAXPAYER DURING THE REDEMPTION PERIOD UNLESS THE HOME IS REDEEMED EARLIER OR THE OWNER IS REQUIRED TO MOVE IT BY ANOTHER PERSON WHO OWNS THE LAND UPON WHICH THE HOME IS SITUATED; AND TO REPEAL SECTION 12-51-96 RELATING TO THE CONDITIONS OF REDEMPTION OF A MOBILE OR MODULAR HOME.

Referred to Committee on Ways and Means.

SPECIAL ORDERS INSISTED UPON

Rep. J. ROGERS insisted upon the Special Orders of the day.

Rep. McEACHIN moved that the House do now adjourn.

POINT OF ORDER

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

H. 3622--AMENDED AND
ORDERED TO THIRD READING

The following Bill was taken up.

H. 3622 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS FROM SURPLUS FOR THE EXPENSES OF STATE GOVERNMENT, TO IDENTIFY THE SOURCE OF FUNDS AND ESTABLISH PRIORITIES FOR THE APPROPRIATIONS, AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-437 SO AS TO ALLOW A DEDUCTION FROM THE SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, PARTNERSHIPS (INCLUDING S CORPORATIONS), ESTATES, AND TRUSTS EQUAL TO FOURTEEN PERCENT OF NET LONG-TERM CAPITAL GAIN FOR TAXABLE YEARS BEGINNING AFTER 1988, TO DEFINE NET LONG-TERM CAPITAL GAIN, TO AUTHORIZE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE IMPLEMENTING REGULATIONS, AND TO PROVIDE THAT SECTION 12-7-437 OF THE 1976 CODE SHALL TAKE EFFECT IF THERE IS AVAILABLE FIVE MILLION SIX HUNDRED THOUSAND DOLLARS OF FISCAL YEAR 1988-89 UNOBLIGATED SURPLUS REVENUES.

PART I
SECTION 1-AMENDED AND ADOPTED

Reps. MANLY and JASKWHICH proposed the following Amendment No. 1 (Doc. No. 2685U).

Amend the bill, as and if amended, in Part I, Section 1, by adding a new item 3A. immediately after item 3 to read:

/3A. Roper Mountain Science

Center -- Planetarium Projector         150,000/.

Renumber items to conform.

Amend totals and title to conform.

Rep. MANLY explained the amendment.

Rep. FABER moved that the House do now adjourn.

POINT OF ORDER

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

Rep. MANLY continued speaking.

Rep. McLELLAN spoke against the amendment and moved to adjourn debate upon the amendment, which was adopted.

Rep. BURCH moved that the House do now adjourn.

POINT OF ORDER

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

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

Yeas 45; Nays 55

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey, K.             Baker                  Barfield
Baxley                 Bennett                Boan
Brown, G.              Brown, R.              Bruce
Burch                  Cole                   Elliott
Faber                  Farr                   Felder
Ferguson               Hallman                Harris, J.
Harwell                Hendricks              Hodges
Kay                    Limehouse              Littlejohn
Manly                  Martin, L.             Mattos
McEachin               McGinnis               McKay
Moss                   Neilson                Nesbitt
Nettles                Phillips               Rhoad
Short                  Simpson                Townsend
Wells                  Wilder                 Williams, J.

Total-45

Those who voted in the negative are:

Alexander, T.C.        Bailey, J.             Barber
Beasley                Blackwell              Brown, H.
Burriss, M.D.          Chamblee               Clyborne
Cooper                 Corbett                Corning
Derrick                Fair                   Foster
Gentry                 Glover                 Harvin
Haskins                Hayes                  Hearn
Huff                   Johnson, J.C.          Keegan
Keesley                Keyserling             Kirsh
Klapman                Kohn                   Lockemy
Mappus                 Martin, D.             McBride
McCain                 McElveen               McLellan
McTeer                 Quinn                  Rama
Rogers, J.             Rogers, T.             Rudnick
Sheheen                Snow                   Vaughn
Waites                 Waldrop                Washington
Whipper                White                  Wilkes
Wilkins                Winstead               Wofford
Wright

Total-55

So, the House refused to adjourn.

Reps. SHEHEEN, McLELLAN and J. ROGERS proposed the following Amendment No. 2 (Doc. No. 2888U), which was adopted.

Amend the bill, as and if amended, Part I, Section 1, beginning on page 2, by striking items (4) and (5), beginning on line 27 through line 8 on page 3 and inserting:

/(4) Income Tax

Rate Reduction                 5,500,000
(4.1) The funds provided in this item are not an appropriation but represent an amount of unobligated surplus that must be available to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for that provision of Part II of this act establishing a 2.75 percent state income tax bracket for tax able years beginning in 1989 to take effect.

(5) Homestead Exemption

Increase                             7,900,000
(5.1)The funds provided in this item are not an appropriation but represent an amount of unobligated surplus that must be available to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for the amendment to Section 12-37-250 of the 1976 Code in Part II of this act to take effect.

(6) Earned Income Credit     10,000,000
(6.1)Notwithstanding the full funding in order of priority requirement of Section 2 of this Part, if the full amount of the funds provided in this item is not available, but at least 1.25 million dollars is available, the available funds must be applied to the purposes of this item. Funds provided in this item are not an appropriation, but represent an amount of unobligated surplus to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for the tax credit allowed in Section 12-7-1265 of the 1976 Code as added in Part II of this act to take effect for the 1989 taxable year.

(7) Department of Education

School Building Aid         16,440,356
(7.1) Funds appropriated in this item for school district building aid must be allocated so that each county first receives a minimum of $200,000. The balance of funds must be allocated on the same basis that districts receive EFA allocations. If actual revenue is not sufficient to meet this approach, the allocation based on the EFA method must be reduced first on a proportionate basis. If actual revenue is insufficient to meet the minimum allocation of $200,000 for each county, a pro rata reduction must be made.

(8) Aid to Subdivisions         10,000,000
(8.1) Funds appropriated in this item must be allocated according to the formula provided for aid to subdivisions in the 1989-90 general appropriations act and notwithstanding the priorities established pursuant to Section 2 of this Part, if the full amount of the appropriation is not available, the amount that is available must be distributed to subdivisions according to the formula./

Amend further, Part I, page 3, by striking Section 2 and inserting:

/SECTION 2. The appropriations and the general fund reduction offsets contained in Section 1 of this part are in order of priority and except where otherwise stated, each item must be fully funded or available in order of priority./

Renumber sections to conform.

Amend title and totals to conform.

Rep. McLELLAN explained the amendment.

The amendment was then adopted.

Rep. RUDNICK proposed the following Amendment No. 4 (Doc. No. 2867U), which was tabled.

Amend the bill, as and if amended, in Part 1, Section 1, page 3, by adding an appropriately numbered item to read:

/( ) employee and retiree

health insurance

premiums                         4,970,000

( ) funds provided in this item must be used to defray the increased premiums for health insurance for state employees, school district employees, and retirees for the period January 1, 1990, through June 30, 1990./

Renumber to conform.

Amend title and totals to conform.

Rep. RUDNICK explained the amendment.

Rep. McLELLAN spoke against the amendment and moved to table the amendment, which was agreed to.

Rep. McLELLAN proposed the following Amendment No. 9 (Doc. No. 0782B), which was adopted.

Amend the bill, as and if amended, Part I, Section 1, page 2, line 25, by striking /Avery Institute/ and inserting /Avery Research Center/

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLELLAN explained the amendment.

The amendment was then adopted.

Reps. WRIGHT and WAITES proposed the following Amendment No. 6 (Doc. No. 2943U), which was adopted.

Amend the bill, as and if amended, in Part I, Section 1, page 3, by adding an appropriately numbered item to read:

/( ) Department of Mental Health

Fire and Life Safety

Equipment                         1,500,000/

Amend totals and title to conform.

Renumber items to conform.

Rep. WRIGHT explained the amendment.

Rep. KIRSH spoke against the amendment.

Rep. HEARN spoke in favor of the amendment.

Rep. KIRSH moved to table the amendment.

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

Yeas 25; Nays 68

Those who voted in the affirmative are:

Bailey, J.             Blackwell              Boan
Foster                 Gentry                 Hendricks
Hodges                 Keyserling             Kirsh
Klapman                Limehouse              Mappus
Martin, D.             Mattos                 McCain
McEachin               McElveen               McLellan
McTeer                 Nesbitt                Nettles
Rama                   Washington             Whipper
Winstead

Total-25

Those who voted in the negative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, K.             Baker
Barber                 Barfield               Baxley
Beasley                Bennett                Brown, G.
Brown, H.              Brown, R.              Bruce
Burriss, M.D.          Burriss, T.M.          Chamblee
Clyborne               Cole                   Cooper
Corbett                Corning                Derrick
Elliott                Faber                  Fair
Farr                   Ferguson               Hallman
Harris, J.             Harvin                 Harwell
Haskins                Hayes                  Hearn
Huff                   Jaskwhich              Johnson, J.C.
Kay                    Keegan                 Keesley
Littlejohn             Lockemy                Manly
Martin, L.             McBride                McGinnis
McKay                  Moss                   Neilson
Phillips               Quinn                  Rudnick
Simpson                Snow                   Townsend
Vaughn                 Waites                 Waldrop
Wells                  White                  Wilder
Wilkes                 Wilkins                Williams, J.
Wofford                Wright

Total-68

So, the House refused to table the amendment.

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

Rep. KLAPMAN moved that the House do now adjourn.

POINT OF ORDER

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

Yeas 48; Nays 51

Those who voted in the affirmative are:

Alexander, M.O.        Altman                 Bailey, G.
Bailey,.J.             Bailey, K.             Baker
Baxley                 Bennett                Boan
Brown, G.              Brown, R.              Bruce
Burch                  Burriss, M.D.          Clyborne
Cole                   Elliott                Fant
Farr                   Ferguson               Foster
Gentry                 Glover                 Gordon
Hallman                Harwell                Hendricks
Hodges                 Kay                    Klapman
Lanford                Limehouse              Littlejohn
Martin, L.             McGinnis               McKay
Moss                   Neilson                Nesbitt
Nettles                Phillips               Short
Simpson                Snow                   Townsend
Waldrop                Wilder                 Williams, J.

Total-48

Those who voted in the negative are:

Alexander, T.C.        Barber                 Barfield
Beasley                Blackwell              Brown, H.
Chamblee               Cooper                 Corbett
Corning                Derrick                Faber
Fair                   Harris, J.             Harvin
Haskins                Hayes                  Hearn
Huff                   Jaskwhich              Johnson, J.C.
Keegan                 Keesley                Keyserling
Kirsh                  Kohn                   Lockemy
Mappus                 Martin, D.             Mattos
McAbee                 McBride                McCain
McEachin               McElveen               McLellan
McTeer                 Quinn                  Rama
Rogers, J.             Rudnick                Vaughn
Waites                 Washington             Wells
Whipper                Wilkes                 Wilkins
Winstead               Wofford                Wright

Total-51

So, the House refused to adjourn.

Rep. McABEE proposed the following Amendment No. 10 (Doc. No. 2951U), which was tabled.

Amend the bill, as and if amended, Part I, Section 1, beginning on page 2, by striking items (4) and (5), beginning on line 27 through line 8 on page 3 and inserting:

(4) Department of Education

School Building Aid         16,440,356
(4.1) Funds appropriated in this item for school district building aid must be allocated so that each county first receives a minimum of $200,000. The balance of funds must be allocated on the same basis that districts receive EFA allocations. If actual revenue is not sufficient to meet this approach, the allocation based on the EFA method must be reduced first on a proportionate basis. If actual revenue is insufficient to meet the minimum allocation of $200,000 for each county, a pro rata reduction must be made.

(5) Aid to Subdivisions         10,000,000
(5.1) Funds appropriated in this item must be allocated according to the formula provided for aid to subdivisions in the 1989-90 general appropriations act and notwithstanding the priorities established pursuant to Section 2 of this Part, if the full amount of the appropriation is not available, the amount that is available must be distributed to subdivisions according to the formula.

(6) Income Tax

Rate Reduction                 5,500,000
(6.1) The funds provided in this item are not an appropriation but represent an amount of unobligated surplus that must be available to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for that provision of Part II of this act establishing a 2.75 percent state income tax bracket for taxable years beginning in 1989 to take effect.

(7) Homestead Exemption

Increase                             7,900,000
(7.1) The funds provided in this item are not an appropriation but represent an amount of unobligated surplus that must be available to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for the amendment to Section 12-37-250 of the 1976 Code in Part II of this act to take effect.

(8) Earned Income Credit     10,000,000
(8.1) Notwithstanding the full funding in order of priority requirement of Section 2 of this Part, if the full amount of the funds provided in this item is not available, but at least 1.25 million dollars is available, the available funds must be applied to the purposes of this item. Funds provided in this item are not an appropriation, but represent an amount of unobligated surplus to compensate for the reduction in general fund revenues and which must be treated as an appropriation for purposes of priority for the tax credit allowed in Section 12-7-1265 of the 1976 Code as added in Part II of this act to take effect for the 1989 taxable year./

Amend further, Part I, page 3, by striking Section 2 and inserting:

/SECTION 2. The appropriations and the general fund reduction offsets contained in Section 1 of this part are in order of priority and except where otherwise stated, each item must be fully funded or available in order of priority./

Renumber sections to conform.

Amend title and totals to conform.

Rep. McABEE explained the amendment.

Rep. J. ROGERS moved to table the amendment.

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

Yeas 92; Nays 8

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Baker                  Barber                 Barfield
Baxley                 Beasley                Bennett
Blackwell              Brown, G.              Brown, R.
Bruce                  Burch                  Burriss, M.D.
Burriss, T.M.          Clyborne               Cole
Cooper                 Corbett                Corning
Derrick                Elliott                Faber
Fair                   Farr                   Ferguson
Foster                 Glover                 Hallman
Harris, J.             Harwell                Haskins
Hayes                  Hearn                  Hodges
Huff                   Jaskwhich              Johnson, J.C.
Keegan                 Keesley                Keyserling
Kirsh                  Kohn                   Limehouse
Littlejohn             Lockemy                Manly
Mappus                 Martin, D.             Martin, L.
Mattos                 McBride                McCain
McEachin               McElveen               McGinnis
McKay                  McLellan               McTeer
Moss                   Neilson                Nesbitt
Nettles                Phillips               Quinn
Rama                   Rogers, J.             Rogers, T.
Rudnick                Sheheen                Short
Simpson                Snow                   Townsend
Vaughn                 Waites                 Waldrop
Washington             Wells                  Whipper
White                  Wilder                 Wilkes
Wilkins                Williams, J.           Winstead
Wofford                Wright

Total-92

Those who voted in the negative are:

Boan                   Chamblee               Gentry
Harvin                 Hendricks              Johnson, J.W.
Kay                    McAbee

Total-8

So, the amendment was tabled.

Reps. MANLY and JASKWHICH proposed the following Amendment No. 1 (Doc. No. 0783B), which was adopted.

Amend the bill, as and if amended, Part I, Section 1, immediately after item 9 by inserting a new line appropriately numbered to read as follows:

/( )Roper Mountain Science Center

-- Planetarium Projector     150,000/

Renumber sections and items to conform.

Amend totals and title to conform.

Rep. MANLY explained the amendment.

Rep. McLELLAN spoke against the amendment.

The amendment was then adopted.

AMENDMENT NO. 1-TABLED

Debate was resumed on Amendment No. 1, which was proposed by Reps. MANLY and JASKWHICH.

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

Section 1, as amended, was adopted.

PART II
SECTION 1--AMENDED AND ADOPTED

Reps. SHEHEEN, McLELLAN, J. ROGERS and CHAMBLEE proposed the following Amendment No. 3 (Doc. No. 2900U), which was adopted.

Amend the bill, as and if amended, by striking Part II and inserting:

/PART II
SECTION 1

TO AMEND SECTION 12-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX RATES OF INDIVIDUALS, ESTATES, AND TRUSTS, SO AS TO ESTABLISH A RATE EQUAL TO TWO AND SEVENTY-FIVE HUNDREDTHS PERCENT ON THE FIRST TWO THOUSAND DOLLARS OF SOUTH CAROLINA TAXABLE INCOME BEGINNING IN THE 1990 TAXABLE: YEAR AND TO ESTABLISH A RATE EQUAL TO TWO AND ONE-HALF PERCENT IN THE SAME BRACKET FOR TAXABLE YEARS BEGINNING AFTER 1990, TO ACCELERATE THE EFFECTIVE DATE OF THESE BRACKETS BY ONE TAXABLE YEAR IF THERE IS AVAILABLE FIVE AND ONE-HALF MILLION DOLLARS OF UNOBLIGATED 1988-89 FISCAL YEAR SURPLUS REVENUES AS CERTIFIED BY THE COMPTROLLER GENERAL, AND TO PROVIDE FOR THE CUMULATIVE ADJUSTING OF THE INCOME TAX BRACKETS PROVIDED IN THIS ACT.

A. If there is available the full amount of the general fund reduction offset made pursuant to Part I, Section 1 of this act for income tax rate reduction, the income tax rates as amended in subsection B of this section take effect. If there is not available the full amount, the income tax rates as amended in subsection B of this section do not take effect and the income tax rates as amended in subsection C of this section take effect. The Comptroller General shall certify no later than August 15, 1989, to the State Budget and Control Board, the South Carolina Tax Commission, and the Code Commissioner as to the availability of the full amount of the general fund reduction offset. The Code Commissioner shall cause the appropriate amendment to Section 12-7-210 of the 1976 Code to be printed in the 1989 supplement to the 1976 Code.

B. Section 12-7-210 of the 1976 Code, as amended by Section 25B, Part II of Act 170 of 1987, is further amended to read:

"Section 12-7-210. A tax is imposed on the South Carolina income of individuals, estates, and trusts computed at the following rates:
Not over $4,000     3 percent of taxable income
over $4,000 but
not over $6,000     $120 plus 4 percent of the excess over $4,000
over $6,000 but
not over $8,000     $200 plus 5 percent of the excess over $6,000
over $8,000 but
not over $10,000     $300 plus 6 percent of the excess over $8,000
over $10,000     $420 plus 7 percent of the excess over $10,000.

The commission may issue tax tables consistent with the rates set pursuant to this section for taxpayers with taxable incomes of less than fifty thousand dollars.

(A) For taxable years beginning before 1989, a tax is imposed on the South Carolina taxable income of individuals, estates. and trusts computed at the following rates:
Not over $4,000     3 percent of taxable income
over $4,000 but     $120 plus 4 percent of the
not over $6,000     excess over $4,000
over $6,000 but     $200 plus 5 percent of the
not over $8,000     excess over $6,000
over $8,000 but     $300 plus 6 percent of the
not over $10,000     excess over $8,000
over $10,000     $420 plus 7 percent of the

of the excess over $10,000.

The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than fifty thousand dollars.

(B) For a taxable year beginning in 1989, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
Not over $2,000     2.75 percent of     taxable income
over $2,000 but     $55 plus 3 percent of the
not over $4,000     excess over $2,000
over $4,000 but     $115 plus 4 percent of the
not over $6,000     excess over $4,000
over $6.000 but     $195 plus 5 percent of the
not over $8,000     excess over $6,000
over $8,000 but     $295 plus 6 percent of the
not over $10,000     excess over $8,000
over $10,000     $415 plus 7 percent of the excess over $10,000

The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with table incomes of less than fifty thousand dollars.

(C) For taxable years beginning after 1989, a tax is imposed on the South Carolina taxable income of individuals, estates and trusts computed at the following rates:
Not over $2,000     2.5 percent of taxable     income
over $2,000 but     $50 plus 3 percent of the
not over $4,000     excess over     $2,000
over $4.000 but     $110 plus 4 percent of the
not over $6,000     excess over $4,000
over $6,000 but     $190 plus 5 percent of the
not over $8,000     excess over $6,000
over $8,000 but     $290 plus 6 percent of the
not over $10,000     excess over $8,000
over $10,000     $410 plus 7 percent of the excess over $10,000.

The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than fifty thousand dollars."

C. Section 12-7-210 of the 1976 Code, as amended by Section 25B, Part II of Act 170 of 1987, is further amended to read:

"Section 12-7-210. A tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
Not over $4,000     3 percent of taxable income
over $4,000 but     $120 plus 4 percent of the
not over $6,000     excess over $4,000
over $6,000 but     $200 plus 5 percent of the
not over $8,000     excess over $6,000
over $8,000 but     $300 plus 6 percent of the
not over $10,000     excess over $8,000
over $10,000     $420 plus 7 percent of the excess over $10,000.

The commission may issue tax tables consistent with the rates set pursuant to this section for taxpayers with taxable incomes of less than fifty thousand dollars.

(A) For taxable years beginning before 1990, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
Not over $4,000     3 percent of     taxable income
over $4,000 but     $120 plus 4 percent of the
not over $6,000         excess over $4,000
over $6,000 but     $200 plus 5 percent of the
not over $8,000     excess over $6,000
over $8.000 but     $300 plus 5 percent of the
not over $10,000         excess over $8,000
over $10,000     $420 plus 7 percent of the     excess over $10,000.

The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than fifty thousand dollars.

(B) For a taxable year beginning in 1990, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
Not over $2,000     2.75 percent of     taxable income
over $2,000 but     $55 plus 3 percent of the
not over $4,000     excess over $2,000
over $4,000 but     $115 plus 4 percent of the
not over $6,000     excess over $4,000
over $6,000 but     $195 plus 5 percent of the
not over $8,000     excess over $6,000
over $8,000 but     $295 plus 5 percent of the
not over $10,000     excess over $8,000
over $10,000     $415 plus 7 percent of the excess over $10,000.

The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than fifty thousand dollars.

(C) For taxable years beginning after 1990, a tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
Not over $2,000     2.5 percent of     taxable income
over $2,000 but     $50 Plus 3 percent of the
not over $4,000     excess over $2,000
over $4,000 but     $110 plus 4 percent of the
not over $6,000     of the excess over $4,000
over $6,000 but     $190 Plus 5 percent of the
not over $8,000     excess over $6,000
over $8,000 but     $290 plus 5 percent of the
not over $10,000     excess over $8,000
over $10,000     $410 plus 7 percent of the excess over $10,000.

The commission may prescribe tax tables consistent with the rates set pursuant to this subsection for taxpayers with taxable incomes of less than fifty thousand dollars."

D. Inflation adjustments required by law to state income tax brackets must be made cumulatively to the income tax brackets provided in this section from the first taxable year in which these brackets take effect.

SECTION 2

TO AMEND SECTION 12-37-250 OF THE 1976 CODE, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM TWENTY TO TWENTY-FIVE THOUSAND DOLLARS BEGINNING IN THE 1989 TAXABLE YEAR IF THERE IS AVAILABLE SEVEN MILLION NINE HUNDRED THOUSAND DOLLARS OF UNOBLIGATED 1988-89 FISCAL YEAR SURPLUS REVENUES AS CERTIFIED BY THE COMPTROLLER GENERAL.

A. If there is available the full amount of the general fund reduction offset made pursuant to Part I, Section 1 of this act for the homestead exemption, subsection B of this section takes effect for taxable years beginning after 1988. If there is not available the full amount, subsection B does not take effect. The Comptroller General shall certify no later than August 15, 1989, to the State Budget and Control Board, the South Carolina Tax Commission, and the Code Commissioner as to the availability of the full amount of the general fund reduction offset. If the Comptroller General's certification is that the full amount is available, at the time of the certification, he shall notify in writing each county auditor of the increase in the homestead exemption. If Subsection B of this section takes effect, the Code Commissioner shall cause the amendment to Section 12-37-250 of the 1976 Code to be printed in the 1989 supplement to the 1976 Code.

B. The first paragraph of Section 12-37-250 of the 1976 Code is amended to read:

"The first twenty twenty-five thousand dollars of the fair market value of the dwelling place of persons is exempt from county, municipal, school, and special assessment real estate property taxes when the persons have been residents of this State for at least one year, have each reached the age of sixty-five years on or before December thirty-first, or any person who has been classified as totally and permanently disabled by a state or federal agency having the function of classifying persons, or any person who is legally blind as defined in Section 43-25-20, preceding the tax year in which the exemption is claimed and holds complete fee simple title or a life estate to the dwelling place. Any person claiming to be totally and permanently disabled, but who has not been classified by one of the agencies, may apply to the State Agency of Vocational Rehabilitation. The agency shall make an evaluation of such person using its own standards. The exemption shall include includes the dwelling place when jointly owned in complete fee simple or life estate by husband and wife and either has reached sixty-five years of age, or is totally and permanently disabled, or legally blind under this section, on or before December thirty-first preceding the tax year in which the exemption is claimed and either has been a resident of the State for one year. The exemption may not he granted unless such persons or their agents make written application therefor on or before July fifteenth of the tax year in which the exemption is claimed. The application for the exemption must be made to the auditor of the county and to the governing body of the municipality in which the dwelling place is located upon forms provided by the county and municipality and approved by the Comptroller General and a failure to apply constitutes a waiver of the exemption for that year. Beginning with tax year 1979 the auditor shall, as directed by the Comptroller General, notify the municipality of all exemption applications for a homestead exemption within the municipality and the information necessary to calculate the amount of the exemption. 'Dwelling place' means the permanent home and legal residence of the applicant."

SECTION 3

TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1265 SO AS TO ALLOW A SOUTH CAROLINA TAXPAYER CLAIMING THE FEDERAL EARNED INCOME CREDIT A REFUNDABLE INDIVIDUAL STATE INCOME TAX CREDIT IN AN AMOUNT EQUAL TO EIGHT PERCENT OF THE FEDERAL CREDIT IF THERE IS AVAILABLE TEN MILLION DOLLARS OF UNOBLIGATED 1988-89 FISCAL YEAR SURPLUS REVENUES AS CERTIFIED BY THE COMPTROLLER GENERAL AND TO PROVIDE FOR THE REDUCTION OR ELIMINATION OF THE CREDIT FOR THE 1989 TAXABLE YEAR BASED ON THE AVAILABILITY OF UNOBLIGATED SURPLUS REVENUES SET ASIDE BY LAW TO FUND THE CREDIT.

Article 10, Chapter 7, Title 12 of the 1976 Code is amended by adding:

"Section 12-7-1265. (A) For taxable years beginning after 1989, a taxpayer who claims the federal earned income tax credit pursuant to Internal Revenue Code Section 32 for a taxable year is also allowed as a refundable state individual income tax credit an amount equal to eight percent of the federal earned income tax credit claimed by the taxpayer.

(B) For a taxable year beginning in 1989, the credit established pursuant to subsection (A) of this section is allowed in an amount equal to one percent, but not more than eight percent, of the federal credit claimed by the taxpayer for each one million two hundred fifty thousand dollars of fiscal year 1988-89 unobligated surplus revenues set aside by law to fund the credit for the 1989 taxable year. The Comptroller General shall certify no later than August 15, 1989, to the South Carolina Tax Commission as to the amount of any surplus revenues set aside by law to fund the credit and the South Carolina Tax Commission shall calculate the applicable percentage, if any, of the credit allowed for the 1989 taxable year."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. McLELLAN explained the amendment.

The amendment was then adopted.

Reps. BAKER, DAVENPORT, FELDER and McGINNIS proposed the following Amendment No. 7 (Doc. No. 2866U), which was tabled.

Amend the bill, as and if amended, in Part II, Permanent Provisions, page 4, by inserting an appropriately numbered section to read:

/SECTION

TO REPEAL SECTION 12-7-437 OF THE 1976 CODE, RELATING TO THE EXCLUSIONS FROM SOUTH CAROLINA TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAINS.

Section 12-7-437 of the 1976 Code is repealed./

Renumber sections to conform.

Amend title and totals to conform.

Rep. BAKER explained the amendment.

POINT OF ORDER

Rep. McCAIN raised the Point of Order that Amendment No. 7 was out of order as it was not germane to the Bill.

The SPEAKER stated that Part II of the Bill dealt with the same code section and he overruled the Point of Order.

Rep. BAKER spoke in favor of the amendment.

Rep. McCAIN moved to table the amendment.

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

Yeas 76; Nays 12

Those who voted in the affirmative are:

Alexander, M.O.        Alexander, T.C.        Altman
Bailey, G.             Bailey, J.             Bailey, K.
Barber                 Barfield               Baxley
Beasley                Bennett                Blackwell
Brown, H.              Brown, R.              Bruce
Burriss, M.D.          Burriss, T.M.          Chamblee
Clyborne               Cole                   Corbett
Corning                Derrick                Elliott
Gentry                 Glover                 Hallman
Harris, J.             Harvin                 Harwell
Haskins                Hayes                  Hearn
Hendricks              Hodges                 Huff
Jaskwhich              Johnson, J.C.          Johnson, J.W.
Kay                    Keegan                 Keesley
Keyserling             Kirsh                  Limehouse
Lockemy                Mappus                 Martin, D.
Martin, L.             Mattos                 McAbee
McCain                 McEachin               McElveen
McKay                  McLellan               McTeer
Neilson                Nettles                Phillips
Quinn                  Rama                   Rogers, J.
Rogers, T.             Rudnick                Sheheen
Short                  Snow                   Townsend
Waites                 Waldrop                Wilkes
Wilkins                Winstead               Wofford
Wright

Total-76

Those who voted in the negative are:

Baker                  Brown, G.              Cooper
Davenport              Fair                   Foster
Littlejohn             Manly                  McGinnis
Moss                   Simpson                Vaughn

Total-12

So, the amendment was tabled.

Part II, as amended, was adopted.

PART III

Part III was adopted.

Rep. McABEE moved to reconsider the vote whereby Part I was adopted.

Rep. McCAIN moved to table the motion to reconsider, which was not adopted to by a division vote of 37 to 57.

The question then recurred to the motion to reconsider the vote whereby Part I was adopted, which was rejected by a division vote of 42 to 44.

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

MOTION ADOPTED

Rep. BLACKWELL moved that when the House adjourns it adjourn in celebration of the arrival of his granddaughter, Lillie Margaret Blackwell, at 2:45 P.M. today, which was agreed to.

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

RETURNED WITH CONCURRENCE

The Senate returned to the House with concurrence the following:

H. 3711 -- Rep. Keyserling: A CONCURRENT RESOLUTION TO CONGRATULATE THE DESIGN AND ARCHITECTURAL FIRM OF LUCAS STUBBS PASCULLIS POWELL & PENNEY, LTD. (LS3P) OF CHARLESTON ON THE CELEBRATION OF ITS TWENTY-FIFTH ANNIVERSARY AND COMMEND IT FOR ITS GENEROUS CONTRIBUTION OF TWENTY-FIVE THOUSAND DOLLARS TO THE SOUTH CAROLINA ARTS COMMISSION.

H. 3717 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING DEEPEST SORROW AT THE DEATH OF TIMOTHY G. HEATH OF AIKEN COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.

H. 3719 -- Reps. Manly, Keyserling and Moss: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND THE PHYSICIANS AND SURGEONS OF SOUTH CAROLINA FOR THEIR CONCERNED AND PROFESSIONAL CARE OF PATIENTS THROUGHOUT THIS STATE ON THE OCCASION OF NATIONAL DOCTORS' DAY, MARCH 30, 1989.

H. 3720 -- Reps. Moss and Phillips: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY OF GEORGE (DON) PEELER OF CHEROKEE COUNTY, AN OFFICER WITH THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, WHO DIED FROM INJURIES IN AN AUTOMOBILE ACCIDENT WHILE ON DUTY.

ADJOURNMENT

At 6:55 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned in celebration of the arrival of his granddaughter, Lillie Margaret Blackwell, at 2:45 P.M. today to meet at 10:00 A.M. tomorrow.


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