South Carolina General Assembly
111th Session, 1995-1996
Journal of the House of Representatives

MONDAY, MARCH 6, 1995

Monday, March 6, 1995
(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 11:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Our Heavenly Father, we thank You for Your nearness, Your love and Your forgiveness. In our problems, counsel us; in our sorrows, comfort us; in our strength, discipline us; in our weakness, sustain us. Set our plans free from errors and faults that blind, and from doubts and fears which assail us that thus we may have a clear vision of those ideals which call and challenge us to a life of honor and service. May we discharge the duties of this day with vigor and enthusiasm. Inspire within us an ever increasing devotion to things that matter most.

Make us, we pray, worthy of the past and equal to the present. 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 Friday, the SPEAKER ordered it confirmed.

MOTION ADOPTED

Rep. BAILEY moved that when the House adjourns, it adjourn in memory of James L. "Jimmy" Bryant of Rosinville, which was agreed to.

INVITATION

The following was received and referred to the Committee on Invitations and Memorial Resolutions.

March 5, 1995
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

As coordinator of The Columbia Prayer Committee I would like to request that the House Committee on Invitations include an invitation in its schedule of events.

The Columbia Prayer Committee will be hosting a reception/talk for Dr. William Lane Craig from 9:00 - 10:00 A.M. on Thursday, March 23, 1995. This reception will be in the board room of the Lt. Governor's office in the State House. All of the members of the General Assembly are invited to hear Dr. Craig address the topic "Why We Need God For A Basis Of Moral Absolutes." Refreshments will be provided.

This event is endorsed by Senator Joe Wilson and Rep. Terry Haskins.

Thank you for your consideration of this request. I look forward to hearing from you.

Sincerely,
Lee Adams
Executive Director
Frontline Ministries

CONCURRENT RESOLUTION

The following was introduced:

H. 3747 -- Reps. Harvin and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING THE SOUTH CAROLINA TUITION GRANTS PROGRAM ON ITS SILVER ANNIVERSARY AND COMMENDING THIS PROGRAM FOR ITS EXCELLENT WORK.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3748 -- Reps. Koon, Gamble, Knotts, Riser, Spearman, Stuart and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JASON DOOLEY OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

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

CONCURRENT RESOLUTION

The following was introduced:

H. 3749 -- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION CONGRATULATING ARTHUR ELLIOTT HOLMAN, JR., OF ANDERSON COUNTY ON BEING CHOSEN "SMALL BUSINESS PERSON OF THE YEAR" BY THE ANDERSON AREA CHAMBER OF COMMERCE.

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

CONCURRENT RESOLUTION

The Senate sent to the House the following:

S. 591 -- Senators Reese, Courtney and Russell: A CONCURRENT RESOLUTION TO COMMEND DR. G. B. HODGE OF SPARTANBURG FOR HIS TWENTY-EIGHT YEARS OF DEVOTED SERVICE TO THE UNIVERSITY OF SOUTH CAROLINA-SPARTANBURG, UPON HIS RESIGNATION AS CHAIRMAN OF THE SPARTANBURG COUNTY COMMISSION FOR HIGHER EDUCATION, AND TO DESIGNATE DR. HODGE AS CHAIRMAN EMERITUS OF THE COMMISSION.

Whereas, the members of the General Assembly learned with deep regret that Dr. G. B. Hodge of Spartanburg has resigned as chairman of the Spartanburg County Commission for Higher Education; and

Whereas, the Spartanburg County Commission for Higher Education acts as the advisory board for USC-Spartanburg, and throughout its existence has ensured the growth and development of one of this state's very fine regional institutions of higher learning; and

Whereas, both the Commission for Higher Education and USCS were founded in 1967, and Dr. Hodge has served both faithfully since their inception; and

Whereas, as chairman of the commission, he has been the person most responsible for the excellent institution which USCS has become and his contributions include the securing of the institution's new physical plant, the development of a rigorous academic curriculum including the introduction of graduate studies and masters programs, and the acquisition of new leadership for the university which will help it continue to move forward; and

Whereas, Dr. Hodge is a native of Spartanburg, a graduate of Wofford College and the Vanderbilt University School of Medicine, and since 1948 has engaged in the private practice of general, thoracic, and cardiovascular surgery in Spartanburg, and in the process became one of the most respected members of the Spartanburg medical community and its first board certified surgeon; and

Whereas, the General Assembly, by this resolution, would like to publicly recognize and thank this truly outstanding man for his contributions to the university which he loves so much and for his other contributions to the Spartanburg community, not only as a leader in education, but in medicine and other civic endeavors as well. Now, therefore,

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

That the members of the General Assembly commend Dr. G. B. Hodge of Spartanburg for his twenty-eight years of devoted service to the University of South Carolina-Spartanburg upon his resignation as chairman of the Spartanburg County Commission for Higher Education.

Be it further resolved that Dr. Hodge is hereby designated Chairman Emeritus of the Spartanburg County Commission for Higher Education.

Be it further resolved that a copy of this resolution be forwarded to
Dr. Hodge.

The Concurrent Resolution was 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. 3363 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1994-95.

Without reference.

H. 3750 -- Reps. Keyserling and Richardson: A BILL TO AMEND SECTION 50-17-640, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS AUTHORIZED FOR TRAWLING SHRIMP.

Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.

H. 3751 -- Reps. Sandifer, R. Smith, Herdklotz, Sheheen, Sharpe, Jaskwhich, Fair, Simrill, Mason, Littlejohn, Cain, Hallman, Whatley, S. Whipper, Vaughn, Easterday, Trotter, Huff, Rice, Keyserling, Limehouse, Allison, Wells, D. Smith, Kinon, Seithel, Fleming, Robinson, Marchbanks, Witherspoon, Meacham, Cromer, Davenport, Lanford, Cato, Tripp, Boan, Martin, J. Young, Askins, G. Brown, Tucker, Haskins and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-43-165 SO AS TO AUTHORIZE THE TRANSFER OF PRESCRIPTIONS BETWEEN ONE PHARMACY IN THIS STATE AND ANOTHER FOR THE PURPOSE OF SECURING ONE REFILL OF THE PRESCRIPTION AT THE RECEIVING PHARMACY, AND TO PRESCRIBE THE TERMS AND CONDITIONS FOR SUCH TRANSFER.

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

H. 3752 -- Rep. Wright: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO REVISE THE DETERMINATION OF EARNABLE COMPENSATION FOR ESTABLISHING CREDIT FOR MILITARY SERVICE AND TO DELETE AN OBSOLETE PROVISION.

Referred to Committee on Ways and Means.

H. 3753 -- Rep. P. Harris: A BILL TO AMEND SECTION 9-9-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING CREDITED SERVICE IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO ALLOW ACTIVE DUTY SERVICE IN THE SOUTH CAROLINA NATIONAL GUARD TO BE ESTABLISHED IN THE MANNER THAT MILITARY SERVICE MAY BE ESTABLISHED.

Referred to Committee on Ways and Means.

S. 585 -- Senator Reese: A BILL TO AMEND ACT 813 OF 1946, AS AMENDED, RELATING TO THE CREATION OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION, SO AS TO CHANGE THE COMPOSITION OF THE COMMISSION.

Referred to Spartanburg Delegation.

ROLL CALL

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

Allison                Anderson               Askins
Bailey                 Boan                   Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Cain                   Carnell
Cato                   Cave                   Clyburn
Cobb-Hunter            Cooper                 Cotty
Cromer                 Dantzler               Easterday
Elliott                Fair                   Fleming
Fulmer                 Gamble                 Govan
Hallman                Harrell                Harris, J.
Harris, P.             Harwell                Herdklotz
Hines                  Hodges                 Howard
Huff                   Hutson                 Inabinett
Jaskwhich              Keegan                 Kelley
Keyserling             Kinon                  Kirsh
Knotts                 Koon                   Lanford
Limbaugh               Limehouse              Littlejohn
Lloyd                  Marchbanks             Mason
McAbee                 McCraw                 McMahand
McTeer                 Meacham                Moody-Lawrence
Neal                   Phillips               Quinn
Rhoad                  Rice                   Richardson
Riser                  Sandifer               Scott
Sharpe                 Sheheen                Shissias
Simrill                Smith, D.              Smith, R.
Spearman               Stille                 Stuart
Thomas                 Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Whipper, L.            White                  Wilder
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, J.

STATEMENT OF ATTENDANCE

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

F.G. Delleney, Jr.                C.D. Chamblee
Kenneth Kennedy                   J. Michael Baxley
James N. Law                      Alfred B. Robinson, Jr.
Timothy F. Rogers                 John G. Felder
Jackson S. Whipper                Denny W. Neilson
James H. Harrison                 James S. Klauber
Timothy C. Wilkes                 Ronald P. Townsend
G. Ralph Davenport, Jr.           L. Morgan Martin
Grady A. Brown                    Joseph T. McElveen, Jr.
Ralph W. Canty                    Dewitt Williams
Terry E. Haskins                  C. Alex Harvin, III
Donald W. Beatty                  Douglas Jennings, Jr.
Woodrow M. McKay                  Eugene C. Stoddard
Total Present--123

LEAVE OF ABSENCE

The SPEAKER granted Rep. McKAY a temporary leave of absence due to an accident.

MOTION ADOPTED

Rep. H. BROWN moved that H. 3690, the Supplemental Appropriation Bill from surplus from 1994-95, be set for Special Order immediately after second reading of H. 3362, the General Appropriation Bill, and continue each day thereafter until given a second reading, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating H. 3690, the Supplemental Appropriation Bill from surplus from 1994-95, the Bills on the Calendar be printed by number only, which was agreed to.

ORDERED TO THIRD READING

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

H. 3728 -- Reps. Hallman, Fulmer, Seithel, Whatley, Harrell, Hutson, S. Whipper and Limehouse: A BILL TO PROVIDE THAT THE CHARLESTON COUNTY BOARD OF ASSESSMENT CONTROL IS ABOLISHED AND ITS POWERS AND DUTIES DEVOLVED UPON THE CHARLESTON COUNTY COUNCIL.

H. 3734 -- Rep. Askins: A BILL TO AMEND ACT 250 OF 1991, RELATING TO THE ELECTION OF TRUSTEES IN FLORENCE COUNTY SCHOOL DISTRICT 5 AND THE SINGLE-MEMBER DISTRICTS FROM WHICH CERTAIN TRUSTEES ARE ELECTED, SO AS TO REVISE THE DESCRIPTION OF THESE DISTRICTS.

S. 48--POINT OF ORDER

The following Bill was taken up.

S. 48 -- Senators Leatherman, Wilson, Leventis, Rankin, Elliott, Rose and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-27-110 SO AS TO PROVIDE THAT THE PRINCIPAL AMOUNT OF A LEASE PURCHASE OR FINANCING AGREEMENT IS SUBJECT TO THE CONSTITUTIONAL DEBT LIMIT FOR POLITICAL SUBDIVISIONS AND THAT PAYMENTS MADE BY THE STATE UNDER SUCH AN AGREEMENT ARE DEEMED GENERAL OBLIGATION DEBT SERVICE FOR PURPOSES OF THE CONSTITUTIONAL DEBT SERVICE LIMIT ON THE STATE, TO PROVIDE THAT THE CALCULATION OF THE LIMITATION ON GENERAL OBLIGATION BONDED INDEBTEDNESS FOR FUTURE GENERAL OBLIGATION BOND ISSUES MUST INCLUDE THE PRINCIPAL BALANCE OF ANY OUTSTANDING FINANCING AGREEMENT; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-17-120 SO AS TO PROVIDE THAT SCHOOL BONDS CALLED BEFORE MATURITY MAY BE REISSUED ONLY IF THE PAYOFF AMOUNT AND THE AMOUNT NECESSARY TO SERVICE THE REISSUED BONDS DOES NOT INCREASE BY MORE THAN EIGHT PERCENT IN A YEAR THE DEBT SERVICE ON THE ORIGINAL BONDED INDEBTEDNESS AND DOES NOT EXCEED THE DISTRICT'S DEBT LIMIT.

Rep. H. BROWN moved to adjourn debate upon the Bill.

Rep. SHEHEEN moved to table the motion, which was agreed to.

POINT OF ORDER

Rep. FAIR made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

H. 3736--POINT OF ORDER

The following Bill was taken up.

H. 3736 -- Reps. H. Brown, Wofford, Law, Dantzler and Williams: A BILL TO AMEND SECTION 5-3-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHANGING MUNICIPAL CORPORATE LIMITS BY PETITION OF SEVENTY-FIVE PERCENT OR MORE OF LANDOWNERS, SO AS TO PROVIDE THAT ANNEXATION OF REAL PROPERTY IN A MULTI-COUNTY PARK TITLED IN THE NAME OF A POLITICAL SUBDIVISION OF THE STATE REQUIRES THE CONSENT OF THE GOVERNING BODY OF THE POLITICAL SUBDIVISIONS HOLDING TITLE.

Rep. H. BROWN explained the Bill.

POINT OF ORDER

Rep. HODGES made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one statewide day.

The SPEAKER sustained the Point of Order.

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

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

H. 3362--AMENDED AND INTERRUPTED DEBATE

The following Bill was taken up.

H. 3362
GENERAL APPROPRIATION BILL

Rep. H. BROWN made a statement relative to the Bill.

MOTION ADOPTED

Rep. H. BROWN moved that the General Appropriation Bill be considered section by section, beginning with Part 1A then taking up Part 1B and then Part II, which was agreed to.

MOTION ADOPTED

Rep. H. BROWN moved that while debating the General Appropriation Bill, he be allowed to note a motion daily to reconsider each section adopted, which was adopted.

PART IA
SECTION 3A

Section 3A was adopted.

SECTION 3B--AMENDED AND DEBATE ADJOURNED

Rep. SHARPE proposed the following Amendment No. 4 (Doc Name L:\h-wm\legis\amend\DC.1).

Amend the bill, as and if amended, Part IA, Section 3B, House, Page 0008, Line 37, Opposite /unclass. Leg. Misc (P)/ by decreasing the amounts in columns (5) and (6) by /250,000/

Amend further, Page 0008, Line 38, by decreasing the FTE's in columns (5) and (6) by /(5.00)/

Renumber sections & amend totals/title to conform.

Rep. SHARPE explained the amendment.

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

Rep. P. HARRIS spoke against the amendment.

Rep. MARCHBANKS spoke in favor of the amendment.

Rep. TUCKER spoke against the amendment.

Rep. P. HARRIS moved to adjourn debate upon the amendment, which was adopted.

Rep. P. HARRIS proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\PFM\7246AC.95), which was tabled.

Amend the bill, as and if amended, Part IA, Section 3B, House, Page 0009, by inserting in columns (5) and (6) a new item appropriately lettered after line 18 to read:

/___AGING COMMITTEE     80,409

UNCLASS. LEG. MISC. (P)     (2.00)

(PPT)     (1.00)/

Renumber sections & amend totals/title to conform.

Rep. P. HARRIS explained the amendment.

Rep. MARCHBANKS moved to table the amendment.

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

Yeas 65; Nays 43

Those who voted in the affirmative are:

Allison                Bailey                 Brown, H.
Brown, T.              Cain                   Cato
Cooper                 Cotty                  Dantzler
Delleney               Easterday              Fair
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harrison
Harwell                Herdklotz              Huff
Hutson                 Jaskwhich              Jennings
Keegan                 Kelley                 Keyserling
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  Meacham
Quinn                  Rice                   Richardson
Riser                  Robinson               Sandifer
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stuart
Thomas                 Tripp                  Trotter
Vaughn                 Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

Total--65

Those who voted in the negative are:

Anderson               Baxley                 Boan
Breeland               Brown, J.              Byrd
Carnell                Cave                   Chamblee
Clyburn                Cobb-Hunter            Cromer
Elliott                Govan                  Harris, J.
Harris, P.             Hines                  Hodges
Howard                 Inabinett              Kinon
Lloyd                  McAbee                 McCraw
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Rogers                 Scott
Shissias               Spearman               Stille
Tucker                 Waldrop                Whipper, L.
Whipper, S.            White                  Wilder
Wilkes

Total--43

So, the amendment was tabled.

Reps. P. HARRIS, J. HARRIS, CARNELL and SHISSIAS proposed the following Amendment No. 1 (Doc Name L:\h-wm\legis\amend\TMR.1), which was tabled.

Amend the bill, as and if amended, Part IA, Section 3B, House of Representatives, Page 9, Line 11, By inserting a new item /Joint MH/MR Committee/

By increasing the line in columns (5) & (6) by /95,165

(2.0)/

Renumber sections & amend totals/title to conform.

Rep. P. HARRIS explained the amendment.

Reps. SHISSIAS, CARNELL and J. HARRIS spoke in favor of the amendment.

Rep. MARCHBANKS moved to table the amendment.

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

Yeas 59; Nays 43

Those who voted in the affirmative are:

Allison                Bailey                 Brown, H.
Cain                   Cato                   Cotty
Dantzler               Delleney               Easterday
Fair                   Fleming                Fulmer
Gamble                 Hallman                Harrell
Harrison               Herdklotz              Huff
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Knotts
Koon                   Lanford                Law
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  Meacham
Quinn                  Rice                   Richardson
Riser                  Robinson               Sandifer
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stuart
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

Total--59

Those who voted in the negative are:

Anderson               Baxley                 Boan
Breeland               Brown, T.              Byrd
Carnell                Cave                   Chamblee
Clyburn                Cobb-Hunter            Cooper
Cromer                 Elliott                Harris, J.
Harris, P.             Harwell                Hines
Howard                 Inabinett              Jennings
Kennedy                Keyserling             Kinon
Lloyd                  McAbee                 McCraw
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Scott                  Shissias
Spearman               Tucker                 Whipper, L.
Whipper, S.            White                  Wilder
Wilkes

Total--43

So, the amendment was tabled.

AMENDMENT NO. 4--ADOPTED

Debate was resumed on Amendment No. 4, by Rep. SHARPE.

The question then recurred to the adoption of the amendment.

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

Yeas 58; Nays 43

Those who voted in the affirmative are:

Allison                Askins                 Bailey
Brown, H.              Cato                   Cooper
Cotty                  Dantzler               Delleney
Easterday              Elliott                Fair
Fleming                Gamble                 Hallman
Harrell                Harrison               Harwell
Herdklotz              Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Klauber                Koon
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Mason
Meacham                Rhoad                  Rice
Richardson             Riser                  Robinson
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, R.              Stuart
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Wells
Whatley                Wilder                 Witherspoon
Wofford                Worley                 Young, A.
Young, J.

Total--58

Those who voted in the negative are:

Anderson               Baxley                 Boan
Breeland               Brown, T.              Byrd
Cain                   Carnell                Cave
Chamblee               Cobb-Hunter            Felder
Govan                  Harris, J.             Harris, P.
Hines                  Howard                 Inabinett
Kennedy                Kinon                  Knotts
Lanford                Lloyd                  McAbee
McCraw                 McMahand               McTeer
Moody-Lawrence         Neal                   Neilson
Phillips               Quinn                  Scott
Shissias               Spearman               Townsend
Tucker                 Whipper, L.            Whipper, S.
White                  Wilkes                 Wilkins
Wright

Total--43

So, the amendment was adopted.

Rep. MARCHBANKS moved to adjourn debate upon the section, which was adopted.

SECTION 3C

Section 3C was adopted.

SECTION 3D

Section 3D was adopted.

SECTION 3E

Section 3E was adopted.

SECTION 3F

Section 3F was adopted.

SECTION 3G--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the section, which was adopted.

SECTION 3H

Section 3H was adopted.

SECTION 4A

Section 4A was adopted.

SECTION 4B

Section 4B was adopted.

SECTION 5--AMENDED AND DEBATE ADJOURNED

Rep. MARCHBANKS proposed the following Amendment No. 6 (Doc Name L:\h-wm\legis\amend\DC8), which was adopted.

Amend the bill, as and if amended, Part IA, Section 5, Administrative Law Judges, page 29, line 13, by inserting a new item /Non-Recurring Appropriation - Judges Training/ and by increasing the amount in columns (5) and (6) by /$10,775/.

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted.

Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.

SECTION 6A

Section 6A was adopted.

SECTION 6B--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the section, which was adopted.

SECTION 6C

Section 6C was adopted.

SECTION 6D

Section 6D was adopted.

SECTION 7--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the section, which was adopted.

SECTION 8

Section 8 was adopted.

SECTION 9

Section 9 was adopted.

SECTION 10--DEBATE ADJOURNED

Rep. MARCHBANKS proposed the following Amendment No. 7 (Doc Name L:\h-wm\legis\amend\DC9).

Amend the bill, as and if amended, Part IA, Section 10, State Treasurer's Office, page 0042, after line 12, by inserting a new item: /Non-Recurring Appropriation - Computer Upgrades/ and by increasing the amount in columns (5) and (6) by /$65,950/

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

Rep. WHITE moved to adjourn debate upon the section, which was adopted.

SECTION 11--DEBATE ADJOURNED

Rep. McABEE proposed the following Amendment No. 14 (Doc Name L:\council\legis\amend\JIC\5532HTC.95).

Amend the bill, as and if amended, Section 11, Attorney General's Office, Page 0045, line 5, opposite /Death Penalty/ by striking in Columns (5) and (6) /43,718/.

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.

Rep. L. WHIPPER moved to adjourn debate upon the section, which was adopted.

SECTION 12--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the section, which was adopted.

SECTION 13

Section 13 was adopted.

SECTION 14

Section 14 was adopted.

SECTION 15

Section 15 was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17A

Section 17A was adopted.

SECTION 17B--DEBATE ADJOURNED

Rep. BAXLEY moved to adjourn debate upon the section, which was adopted.

MOTION NOTED

Rep. HARWELL moved to reconsider the vote whereby Amendment No. 4 to Section 3B was adopted and the motion was noted.

SECTION 17C

Section 17C was adopted.

SECTION 17D

Section 17D was adopted.

SECTION 17E

Section 17E was adopted.

SECTION 17F--INTERRUPTED DEBATE

Reps. KIRSH and HARVIN proposed the following Amendment No. 16 (Doc Name L:\council\legis\amend\PT\1775DW.95).

Amend the bill, as and if amended, Part IA, SECTION 17F, B & C-EMPLOYEE BENEFITS, Page 0089, Line 32, by increasing the amount in Column 5 by /10,800,000/ and inserting in Column 6 /10,800,000/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. MARCHBANKS moved to table the amendment.

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

Yeas 51; Nays 58

Those who voted in the affirmative are:

Allison                Brown, H.              Cain
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Davenport
Easterday              Fair                   Fulmer
Hallman                Harrell                Harrison
Herdklotz              Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Klauber                Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Mason
Meacham                Quinn                  Rice
Robinson               Sandifer               Sharpe
Simrill                Smith, D.              Smith, R.
Stuart                 Tripp                  Trotter
Vaughn                 Waldrop                Walker
Wells                  Whatley                Wilkins
Wofford                Wright                 Young, A.

Total--51

Those who voted in the negative are:

Anderson               Askins                 Bailey
Baxley                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Byrd                   Carnell                Cave
Clyburn                Cobb-Hunter            Cromer
Delleney               Elliott                Govan
Harris, J.             Harris, P.             Harvin
Harwell                Hines                  Hodges
Howard                 Inabinett              Jennings
Kennedy                Keyserling             Kirsh
Knotts                 Lloyd                  Martin
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Riser                  Rogers                 Scott
Sheheen                Spearman               Stille
Thomas                 Townsend               Tucker
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Witherspoon
Young, J.

Total--58

So, the House refused to refused to table the amendment.

Rep. H. BROWN spoke against the amendment.

Rep. KIRSH spoke in favor of the amendment.

Rep. MARCHBANKS spoke against the amendment.

Rep. QUINN moved that the House recede until 2:15 P.M., which was adopted.

Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 16.

THE HOUSE RESUMES

At 2:15 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. 3362--AMENDED AND INTERRUPTED DEBATE

Debate was resumed on the following Bill, the pending question being the consideration of Section 17F, Amendment No. 16.

H. 3362
GENERAL APPROPRIATION BILL
SECTION 17F--DEBATE ADJOURNED

Debate was resumed on Section 17F.

AMENDMENT NO. 16

Debate was resumed on Amendment No. 16, by Rep. KIRSH.

Rep. MARCHBANKS moved to table the amendment.

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

Yeas 49; Nays 53

Those who voted in the affirmative are:

Allison                Brown, H.              Cato
Chamblee               Cooper                 Dantzler
Easterday              Fair                   Fleming
Fulmer                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Hutson                 Keegan                 Kelley
Klauber                Knotts                 Lanford
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  McKay
Meacham                Quinn                  Rice
Robinson               Sandifer               Sharpe
Simrill                Smith, D.              Smith, R.
Stuart                 Thomas                 Trotter
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, A.
Young, J.

Total--49

Those who voted in the negative are:

Anderson               Askins                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Carnell                Cave                   Clyburn
Cobb-Hunter            Cromer                 Davenport
Delleney               Elliott                Felder
Harris, J.             Harris, P.             Harvin
Harwell                Hines                  Hodges
Howard                 Inabinett              Kennedy
Keyserling             Kinon                  Kirsh
Lloyd                  Martin                 McAbee
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Rhoad
Rogers                 Scott                  Sheheen
Shissias               Spearman               Stille
Tucker                 Whipper, S.            Wilder
Wilkes                 Williams

Total--53

So, the House refused to table the amendment.

STATEMENT FOR JOURNAL

I voted against raiding the capital gains fund to increase state employees base pay by $10,800,000.00 due to the fact that I have a forthcoming amendment to remove $11,400,000 in Highway fund interest funds and apply that revenue to base pay for state employees.

Rep. J. GARY SIMRILL

Rep. H. BROWN moved to adjourn debate upon the section.

Rep. KIRSH moved to table the motion.

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

Yeas 50; Nays 59

Those who voted in the affirmative are:

Anderson               Askins                 Baxley
Beatty                 Boan                   Breeland
Brown, G.              Brown, J.              Brown, T.
Carnell                Cave                   Clyburn
Cobb-Hunter            Cromer                 Delleney
Elliott                Harris, J.             Harris, P.
Harvin                 Harwell                Hines
Hodges                 Howard                 Inabinett
Kennedy                Keyserling             Kinon
Kirsh                  Lloyd                  Martin
McAbee                 McCraw                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Neilson                Phillips
Rhoad                  Rogers                 Scott
Sheheen                Spearman               Stille
Tucker                 Whipper, S.            Wilder
Wilkes                 Williams

Total--50

Those who voted in the negative are:

Allison                Brown, H.              Cain
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Davenport
Easterday              Fair                   Felder
Fleming                Fulmer                 Hallman
Harrell                Harrison               Haskins
Herdklotz              Hutson                 Jaskwhich
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Lanford
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  McKay
Meacham                Quinn                  Rice
Richardson             Riser                  Robinson
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, R.              Stuart
Thomas                 Tripp                  Trotter
Vaughn                 Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

Total--59

So, the House refused to table the motion.

The question then recurred to the motion to adjourn debate, which was agreed to by a division vote of 59 to 48.

SECTION 17G

Section 17G was adopted.

SECTION 18A - 18N--DEBATE ADJOURNED

Rep. McTEER moved to adjourn debate upon the section, which was adopted.

SECTION 19--DEBATE ADJOURNED

Rep. WELLS moved to adjourn debate upon the section, which was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24

Rep. KOON explained the section.

Section 24 was adopted.

SECTION 25

Section 25 was adopted.

SECTION 26

Section 26 was adopted.

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

SECTION 29

Section 29 was adopted.

SECTION 30

Section 30 was adopted.

SECTION 31--DEBATE ADJOURNED

Rep. NEAL moved to adjourn debate upon the section, which was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the section, which was adopted.

SECTION 35--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the section, which was adopted.

SECTION 36--ADOPTED

Rep. KIRSH proposed the following Amendment No. 52 (Doc Name L:\h-wm\legis\amend\CJ.023), which was tabled.

Amend the bill, as and if amended, Part IA, Section 36, John De La Howe, Page 0273, Line 19, by inserting a new item to read: /Status Offender (5) $650,000 (6) $650,000/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

Rep. R. SMITH moved to table the amendment.

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

The amendment was then tabled by a division vote of 67 to 25.

Section 36 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38

Section 38 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 40

Section 40 was adopted.

SECTION 41--ADOPTED

Rep. NEAL proposed the following Amendment No. 60 (Doc Name L:\h-wm\legis\amend\DC.40), which was tabled.

Amend the bill, as and if amended, Part IA, Section 41, Department of Corrections, page 284, line 22, opposite /classified positions/ by increasing the amounts in columns (5) and (6) by /$3,937,500/.

Renumber sections & amend totals/title to conform.

Rep. NEAL explained the amendment.

Rep. H. BROWN moved to table the amendment.

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

Yeas 68; Nays 39

Those who voted in the affirmative are:

Allison                Askins                 Brown, H.
Cain                   Cato                   Chamblee
Cooper                 Cromer                 Dantzler
Easterday              Elliott                Fair
Fulmer                 Gamble                 Hallman
Harrell                Harrison               Harwell
Haskins                Herdklotz              Hutson
Jaskwhich              Keegan                 Kelley
Keyserling             Kinon                  Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Martin
Mason                  McCraw                 McKay
Meacham                Neilson                Rice
Richardson             Riser                  Robinson
Sandifer               Sharpe                 Simrill
Smith, D.              Smith, R.              Spearman
Stuart                 Thomas                 Townsend
Tripp                  Trotter                Vaughn
Waldrop                Walker                 Wells
Whatley                Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

Total--68

Those who voted in the negative are:

Anderson               Baxley                 Beatty
Breeland               Brown, G.              Brown, T.
Byrd                   Carnell                Cave
Clyburn                Cobb-Hunter            Davenport
Govan                  Harris, J.             Harris, P.
Harvin                 Hines                  Inabinett
Jennings               Kennedy                Kirsh
Lloyd                  McAbee                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Phillips               Rhoad
Scott                  Sheheen                Stille
Tucker                 Whipper, L.            Whipper, S.
Wilder                 Wilkes                 Williams

Total--39

So, the amendment was tabled.

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Rep. KOON explained the section.

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46--ADOPTED

Rep. McABEE proposed the following Amendment No. 30 (Doc Name L:\h-wm\legis\amend\CJ.026), which was tabled.

Amend the bill, as and if amended, Part IA, Section 46, Clemson University (Public Service Activities), Page 0303, Line 3, opposite /Classified Positions/ by increasing the amounts in columns (5) and (6) by /$224,646/

Amend further, page 0303, Line 4, by increasing the amounts in columns (5) and (6) by /6.4/ FTEs.

Amend further, Page 0303, Line 5, opposite /Unclassified Position/ by increasing the amounts in columns (5) and (6) by /$248,382/.

Amend further, Page 0303, Line 6, by increasing the amounts in columns (5) and (6) by /6.82/ FTEs.

Amend further, Page 0303, Line 10, opposite /Other Operating Exp/ by increasing the amounts in columns (5) and (6) by /$122,771/.

Amend further, Page 0303, Line 17, opposite /Classified positions/ by increasing the amounts in columns (5) and (6) by /$163,554/.

Amend further, Page 0303, Line 18, by increasing the amounts in columns (5) and (6) by /6.0/ FTEs.

Amend further, Page 0303, Line 19, opposite /Unclassified Positions/ by increasing the amounts in columns (5) and (6) by /$376,923/.

Amend further, Page 0303, Line 20, by increasing the amounts in columns (5) and (6) by /9.75/ FTEs.

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.

Rep. HALLMAN spoke against the amendment and moved to table the amendment.

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

The amendment was then tabled by a division vote of 63 to 33.

Section 46 was adopted.

SECTION 47--DEBATE ADJOURNED

Rep. D. SMITH moved to adjourn debate upon the section, which was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49--ADOPTED

Rep. McABEE proposed the following Amendment No. 12 (Doc Name L:\council\legis\amend\PFM\7235BDW.95), which was tabled.

Amend the bill, as and if amended, Part IA, SECTION 49, page 317, after line 21, by inserting:
(5) (6)
/HERITAGE CORRIDOR     50,000 50,000/

Renumber sections & amend totals/title to conform.

Rep. McABEE explained the amendment.

Rep. HALLMAN spoke against the amendment.

Rep. McABEE spoke in favor of the amendment.

Rep. HALLMAN spoke against the amendment and moved to table the amendment.

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

The amendment was then tabled by a division vote of 57 to 31.

Section 49 was adopted.

SECTION 50

Section 50 was adopted.

SECTION 51

Section 51 was adopted.

SECTION 52

Section 52 was adopted.

SECTION 52A

Section 52A was adopted.

SECTION 53

Section 53 was adopted.

SECTION 54

Section 54 was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56

Section 56 was adopted.

SECTION 57

Section 57 was adopted.

SECTION 58

Section 58 was adopted.

SECTION 59

Section 59 was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63--DEBATE ADJOURNED

Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67

Section 67 was adopted.

SECTION 54--RECONSIDERED AND DEBATE ADJOURNED

Rep. J. BROWN moved to reconsider the vote whereby Section 54 was adopted, which was agreed to.

Rep. KEEGAN explained the section and moved to adjourn debate upon the section, which was adopted.

SECTION 68A

Section 68A was adopted.

SECTION 68B

Section 68B was adopted.

SECTION 69--DEBATE ADJOURNED

Rep. HODGES moved to adjourn debate upon the section, which was adopted.

PART IB
SECTION 1--DEBATE ADJOURNED

Rep. H. BROWN moved to adjourn debate upon the section, which was adopted.

SECTION 1A

Section 1A was adopted.

SECTION 2

Section 2 was adopted.

SECTION 2A

Section 2A was adopted.

SECTION 3--AMENDED AND ADOPTED

Rep. KIRSH proposed the following Amendment No. 25 (Doc Name L:\h-wm\legis\amend\DC.2), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, House of Representatives, paragraph 35, page 379, line 38, by inserting /at a member's request, the House Operations and Management Committee may use any unexpended portion of a member's allotment to purchase equipment for a member's office./

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

The amendment was then adopted.

Reps. TOWNSEND, WALKER, STILLE, ALLISON, H. BROWN, NEAL, McELVEEN and LITTLEJOHN proposed the following Amendment No. 84 (Doc Name L:\h-wm\legis\amend\CJ.050), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative, Page 385, Line 3, by adding an appropriately numbered proviso at the end to read /3 (Financing Public Education) A joint House and Senate study committee shall be established to examine the financing of public education. Members shall include the State Superintendent of Education or his designee, two representatives of House Education and Public Works, two House Ways and Means, two Senate Education, two Senate Finance, and the Speaker of the House, or his designee, and the Lt. Governor, or his designee. The Governor shall designate a representative of his office. The committee shall issue its recommendations for improvement in a report to be submitted to the Legislature by December 1, 1995. The committee shall develop recommendations for improving the financing of public education by addressing equity, efficiency, and cost saving measures. The committee shall also recommend changes to simplify the state budgeting and appropriation process to provide greater school district flexibility as they strive to meet educational goals. The committee shall examine all sources of education funding and study the feasibility and desirability of providing for a single funding mechanism for all of state funding sources. Agencies receiving appropriations in this bill shall cooperate with the study committee in its work. Up to $4,000 in General Funds appropriated in this Act to House and Senate accounts may be used to assist the committee in its work./

Renumber sections & amend totals/title to conform.

Rep. TOWNSEND explained the amendment.

Rep. WALKER spoke in favor of the amendment.

Rep. TOWNSEND spoke in favor of the amendment.

POINT OF ORDER

Rep. WHITE raised the Point of Order that Amendment No. 84 was out of order as it was not germane.

The SPEAKER stated that it met the criteria of Rule 5.3 in that it was regulations, directives and procedures relative to funds and revenue. He further stated that it specifically mentioned expenditures up to $4,000.00 in general funds and the study itself dealt with the finances of public education.

Rep. WHITE questioned whether there was a line item to fund the committee.

The SPEAKER stated that he was not required to find a line item for Part IB as he would be for Part II. He further stated that under Rule 5.3, there was a stricter requirement for permanent provisos than there was for the temporary provisos and that it did meet the germaneness criteria and he overruled the Point of Order.

The amendment was then adopted.

PARAGRAPH 57--STRICKEN FROM SECTION 3
BY POINT OF ORDER
POINT OF ORDER

Rep. SHEHEEN raised the Point of Order that Paragraph 57 on Page 382 of the Bill was out of order as it was not germane.

The SPEAKER stated that it did not affect revenue and it was not a rule, regulation, directive or procedure relating to that.

Rep. HARRELL stated that Lines 28-29 on Page 384 could make it germane.

Rep. SHEHEEN stated that those lines did not make it germane and it did not relate to rules or procedures under Rule 5.3 and it did not affect revenue or appropriate money.

The SPEAKER stated that it did not relate to an appropriation of revenue and it did not affect revenue and he sustained the Point of Order and ordered the paragraph stricken from the Bill.

Reps. VAUGHN, EASTERDAY, RICE, SHARPE, HALLMAN, CATO, TROTTER, HERDKLOTZ, JASKWHICH, FAIR and ROBINSON proposed the following Amendment No. 85 (Doc Name L:\h-wm\legis\amend\CJ.030), which was tabled.

Amend the bill, as and if amended, Part IB, Section 3, Legislative, Page 385, Line 3, by adding an appropriately numbered paragraph to read: /There is created a Joint Legislative Ad Hoc Committee to study and develop a plan for the implementation of a voucher system for the financing of public education in South Carolina. Three members shall be appointed from the Senate by the President thereof and three members shall be appointed from the House of Representatives by the Speaker. The study will consider and review 1) a phased-in approach to a voucher system, 2) giving first preference to families under the poverty level, 3) phasing-in the high school grades first, 4) options of attending a public or private school, 5) basing the voucher amount on the family income, and 6) transportation as a part of the voucher system. Expenses of the legislative members of the study committee shall be paid from the approved accounts of their respective bodies and shall be limited to transportation costs only. The study committee will provide a plan and make a report by January 1, 1996 to the Senate and House Education Committees, the Senate Finance Committee and the House Ways and Means Committee./

Renumber sections & amend totals/title to conform.

Rep. VAUGHN explained the amendment.

POINT OF ORDER

Rep. SCOTT raised the Point of Order that Amendment No. 85 was out of order as it was not germane.

Rep. VAUGHN argued contra the Point in stating that the second page of the amendment showed that the expenses of the study committee would come out of the legislative money.

The SPEAKER stated that it dealt with the implementation for a voucher system for the financing of public education and called for payment to be made by the House and Senate from approved accounts for travel and it was germane and he overruled the Point of Order.

Rep. VAUGHN continued speaking.

Rep. SPEARMAN moved to table the amendment.

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

Yeas 57; Nays 56

Those who voted in the affirmative are:

Allison                Anderson               Askins
Bailey                 Beatty                 Boan
Breeland               Brown, G.              Brown, J.
Brown, T.              Byrd                   Carnell
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Gamble
Govan                  Harris, J.             Harris, P.
Harwell                Hines                  Hodges
Howard                 Inabinett              Jennings
Kennedy                Keyserling             Kinon
Kirsh                  Lloyd                  McAbee
McCraw                 McElveen               McMahand
McTeer                 Moody-Lawrence         Neal
Phillips               Rhoad                  Rogers
Scott                  Sheheen                Shissias
Spearman               Townsend               Tucker
Walker                 Wells                  Whatley
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams

Total--57

Those who voted in the negative are:

Brown, H.              Cain                   Cato
Chamblee               Cooper                 Cotty
Dantzler               Davenport              Easterday
Fair                   Felder                 Fleming
Fulmer                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Huff                   Hutson                 Jaskwhich
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Law
Limbaugh               Limehouse              Littlejohn
Marchbanks             Mason                  Meacham
Neilson                Quinn                  Rice
Riser                  Robinson               Sandifer
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Stuart
Thomas                 Tripp                  Trotter
Vaughn                 Wilkins                Witherspoon
Wofford                Worley                 Wright
Young, A.              Young, J.

Total--56

So, the amendment was tabled.

Reps. MEACHAM, KELLEY, WALKER, NEILSON and R. SMITH proposed the following Amendment No. 33 (Doc Name L:\council\legis\amend\JIC\5523HTC.95), which was adopted.

Amend the bill, as and if amended, Part IB, Section 3, Legislative Department, page 385, by adding an appropriately numbered paragraph at the end to read:

/3.___     (LEG: House Ethics Committee)

The House of Representatives Legislative Ethics Committee shall deposit revenues from penalties assessed by the committee and copying of documents into approved accounts of the House and shall use these funds as approved by the Speaker of the House./

Renumber sections to conform.

Amend totals and title to conform.

Rep. MEACHAM explained the amendment.

The amendment was then adopted.

AMENDMENT NO. 85--MOTION TO RECONSIDER REJECTED

Rep. WHATLEY moved to reconsider the vote whereby Amendment No. 85 was tabled.

Rep. WALKER moved to table the motion.

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

Yeas 57; Nays 57

Those who voted in the affirmative are:

Allison                Anderson               Askins
Bailey                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Cave                   Clyburn                Cobb-Hunter
Cromer                 Delleney               Felder
Gamble                 Govan                  Harris, J.
Harris, P.             Harwell                Hines
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Kirsh                  Lloyd
Martin                 McAbee                 McCraw
McElveen               McMahand               McTeer
Moody-Lawrence         Neal                   Phillips
Rhoad                  Rogers                 Scott
Sheheen                Shissias               Spearman
Stuart                 Tucker                 Walker
Whipper, L.            Whipper, S.            White
Wilder                 Wilkes                 Williams

Total--57

Those who voted in the negative are:

Brown, H.              Cain                   Carnell
Cato                   Chamblee               Cooper
Cotty                  Dantzler               Davenport
Easterday              Fair                   Fleming
Fulmer                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Huff                   Hutson                 Jaskwhich
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Mason
Meacham                Quinn                  Rice
Riser                  Robinson               Sandifer
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Stoddard
Thomas                 Townsend               Tripp
Trotter                Vaughn                 Whatley
Wilkins                Witherspoon            Wofford
Wright                 Young, A.              Young, J.

Total--57

So, the motion to table was rejected.

The question then recurred to the motion to reconsider.

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

Yeas 55; Nays 59

Those who voted in the affirmative are:

Cain                   Cato                   Chamblee
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Fair
Fulmer                 Hallman                Harrell
Harrison               Haskins                Herdklotz
Huff                   Hutson                 Jaskwhich
Keegan                 Kelley                 Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Mason
Meacham                Quinn                  Rice
Riser                  Robinson               Sandifer
Sharpe                 Simrill                Smith, D.
Smith, R.              Stille                 Stoddard
Stuart                 Thomas                 Townsend
Tripp                  Trotter                Vaughn
Whatley                Wilkins                Witherspoon
Wofford                Wright                 Young, A.
Young, J.

Total--55

Those who voted in the negative are:

Allison                Anderson               Askins
Bailey                 Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Carnell                Cave                   Clyburn
Cobb-Hunter            Cromer                 Delleney
Felder                 Fleming                Gamble
Govan                  Harris, J.             Harris, P.
Harwell                Hines                  Hodges
Howard                 Inabinett              Jennings
Kennedy                Keyserling             Kinon
Kirsh                  Lloyd                  Martin
McAbee                 McCraw                 McElveen
McMahand               McTeer                 Moody-Lawrence
Neal                   Phillips               Rhoad
Rogers                 Scott                  Sheheen
Shissias               Spearman               Tucker
Walker                 Wells                  Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Williams

Total--59

So, the motion to reconsider was rejected.

Section 3 as amended was adopted.

STATEMENT FOR JOURNAL

I voted to allow a study of a voucher system in S.C. I am not in favor of a voucher at this juncture. But I think a study will help determine the overall effect of a voucher system.

Rep. J. GARY SIMRILL

SECTION 4A--ADOPTED

Rep. STILLE proposed the following Amendment No. 93 (Doc Name L:\h-wm\legis\amend\DH.31), which was tabled.

Amend the bill, as and if amended, Part IB, Section 4, Judicial, Paragraph 4.2, Page 385, Line 8, by striking it in its entirety and inserting /Every county shall provide for each circuit and family judge residing therein, an office with all utilities including a private telephone./

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Reps. QUINN and BAXLEY spoke against the amendment.

Rep. BAXLEY moved to table the amendment.

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

Yeas 58; Nays 45

Those who voted in the affirmative are:

Askins                 Baxley                 Boan
Brown, H.              Brown, J.              Cain
Carnell                Cave                   Clyburn
Dantzler               Harris, J.             Harrison
Haskins                Hines                  Hodges
Howard                 Huff                   Inabinett
Jennings               Kennedy                Keyserling
Kinon                  Knotts                 Koon
Lanford                Law                    Lloyd
McAbee                 McCraw                 McElveen
McTeer                 Moody-Lawrence         Neal
Neilson                Phillips               Quinn
Riser                  Rogers                 Scott
Sharpe                 Shissias               Smith, D.
Smith, R.              Stoddard               Thomas
Tucker                 Wells                  Whipper, S.
White                  Wilder                 Wilkes
Wilkins                Williams               Witherspoon
Wofford                Worley                 Wright
Young, J.

Total--58

Those who voted in the negative are:

Allison                Anderson               Breeland
Brown, T.              Cato                   Chamblee
Cooper                 Cotty                  Davenport
Easterday              Fair                   Fleming
Gamble                 Hallman                Harrell
Harris, P.             Herdklotz              Hutson
Jaskwhich              Keegan                 Kelley
Kirsh                  Limbaugh               Limehouse
Littlejohn             Marchbanks             Mason
McMahand               Meacham                Rhoad
Rice                   Robinson               Sandifer
Simrill                Spearman               Stille
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Waldrop
Walker                 Whatley                Young, A.

Total--45

So, the amendment was tabled.

Section 4A was adopted.

SECTION 5

Section 5 was adopted.

SECTION 6DD

Section 6DD was adopted.

SECTION 8--DEBATE ADJOURNED

Rep. KIRSH proposed the following Amendment No. 53 (Doc Name L:\h-wm\legis\amend\DC.3)

Amend the bill, as and if amended, Part IB, Section 8, Secretary of State, paragraph 2, page 389, line 36, by striking /$15,000/ and inserting /$150,000/

Amend further, page 389, line 42, by striking /$15,000/ and inserting /$100,000/

Renumber sections & amend totals/title to conform.

Rep. KIRSH explained the amendment.

LEAVE OF ABSENCE

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

Rep. KIRSH continued speaking.

LEAVE OF ABSENCE

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

Rep. SHEHEEN spoke in favor of the amendment.

Rep. McELVEEN spoke upon the amendment and moved to adjourn debate upon the section.

Rep. KIRSH moved to table the motion, which was not agreed to.

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

SECTION 9

Section 9 was adopted.

SECTION 10

Section 10 was adopted.

SECTION 11

Section 11 was adopted.

LEAVE OF ABSENCE

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

SECTION 12--DEBATE ADJOURNED

Rep. QUINN moved to adjourn debate upon the section, which was adopted.

SECTION 13

Rep. QUINN explained the section.

Section 13 was adopted.

SECTION 14--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the section, which was adopted.

LEAVE OF ABSENCE

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

SECTION 15--AMENDED AND ADOPTED

Rep. MARCHBANKS proposed the following Amendment No. 10 (Doc Name L:\h-wm\legis\amend\DC15), which was adopted.

Amend the bill, as and if amended, Part IB, Section 15, Adjutant General's Office, page 395, after line 14, by inserting a new appropriately numbered paragraph to read: The Adjutant General is authorized to develop and implement an armory rental program to recoup costs associated with the use of armories by state agencies or other non-Guard organizations. The rental program must be uniform in its application to the maximum extent possible. Funds generated by this program may be retained and expended for armory maintenance and operations.

Renumber sections & amend totals/title to conform.

Rep. MARCHBANKS explained the amendment.

The amendment was then adopted.

Section 15 as amended was adopted.

SECTION 16

Section 16 was adopted.

SECTION 17--ADOPTED

Reps. BAXLEY, NEILSON and HINES proposed the following Amendment No. 39 (Doc Name L:\council\legis\amend\BR1\18249AC.95), which was tabled.

Amend the bill, as and if amended, Part IB, FO0 - Section 17 - Budget and Control Board, page 397, by adding an appropriately numbered paragraph after line 2 to read:

/__.     Of the revenue in the Insurance Reserve Fund $250,000 must be transferred to the Probate Relief Fund created in Section 14-23-1150, and these monies must be repaid by the Probate Relief Fund to the Insurance Reserve Fund from funds received in accordance with Section 14-23-1105 of the 1976 Code./

Renumber sections to conform.

Amend totals and title to conform.

Rep. BAXLEY explained the amendment.

Rep. BAXLEY spoke in favor of the amendment.

Rep. MARCHBANKS moved to table the amendment.

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

Yeas 69; Nays 38

Those who voted in the affirmative are:

Allison                Bailey                 Brown, H.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Dantzler
Easterday              Fair                   Felder
Fleming                Fulmer                 Gamble
Hallman                Harrell                Harrison
Haskins                Herdklotz              Huff
Hutson                 Jaskwhich              Keegan
Kelley                 Keyserling             Kirsh
Klauber                Knotts                 Koon
Lanford                Law                    Limbaugh
Limehouse              Littlejohn             Marchbanks
Mason                  McCraw                 McMahand
Meacham                Moody-Lawrence         Quinn
Rhoad                  Rice                   Richardson
Riser                  Robinson               Sandifer
Sharpe                 Sheheen                Simrill
Smith, R.              Stille                 Stuart
Townsend               Tripp                  Trotter
Tucker                 Vaughn                 Waldrop
Walker                 Wells                  Whatley
Wilkins                Witherspoon            Wofford
Worley                 Wright                 Young, J.

Total--69

Those who voted in the negative are:

Anderson               Baxley                 Beatty
Boan                   Breeland               Brown, G.
Brown, J.              Brown, T.              Byrd
Cave                   Clyburn                Cobb-Hunter
Govan                  Harris, J.             Harris, P.
Harvin                 Harwell                Hines
Hodges                 Howard                 Inabinett
Jennings               Kennedy                Kinon
Lloyd                  Martin                 McTeer
Neilson                Phillips               Spearman
Stoddard               Thomas                 Whipper, L.
Whipper, S.            White                  Wilder
Wilkes                 Williams

Total--38

So, the amendment was tabled.

Section 17 was adopted.

SECTION 17A

Section 17A was adopted.

SECTION 17B

Section 17B was adopted.

SECTION 17C--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the section, which was adopted.

SECTION 17D--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the section, which was adopted.

SECTION 17E--DEBATE ADJOURNED

Rep. TUCKER moved to adjourn debate upon the section, which was adopted.

SECTION 17F--DEBATE ADJOURNED

Rep. KIRSH moved to adjourn debate upon the section, which was adopted.

SECTION 17G

Section 17G was adopted.

SECTION 18A - 18N--DEBATE ADJOURNED

Rep. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 19-19A--DEBATE ADJOURNED

Rep. WELLS moved to adjourn debate upon the section, which was adopted.

SECTION 20

Section 20 was adopted.

SECTION 21

Section 21 was adopted.

SECTION 22

Section 22 was adopted.

SECTION 23

Section 23 was adopted.

SECTION 24

Section 24 was adopted.

SECTION 25--AMENDED AND ADOPTED

Rep. KOON proposed the following Amendment No. 88 (Doc Name L:\h-wm\legis\amend\VC.15), which was adopted.

Amend the bill, as and if amended, Part IB, Section 25, Confederate Relic Room, Page 439, by adding an appropriately numbered paragraph to read /The Confederate Relic Room is authorized to collect, retain and expend fees from research and photographic processing requests/

Renumber sections & amend totals/title to conform.

Rep. KOON explained the amendment.

The amendment was then adopted.

Section 25 as amended was adopted.

SECTION 26--DEBATE ADJOURNED

Rep. WILKES moved to adjourn debate upon the section, which was adopted.

SECTION 27

Section 27 was adopted.

SECTION 28

Section 28 was adopted.

LEAVE OF ABSENCE

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

SECTION 29--AMENDED AND ADOPTED

Rep. KEYSERLING proposed the following Amendment No. 45 (Doc Name L:\h-wm\legis\amend\VC.1), which was adopted.

Amend the bill, as and if amended, Part IB, Section 29, DHHS, Page 442, Line 6, by adding an appropriately numbered paragraph to read /The Department of Health and Human Services and the Department of Insurance shall report to the Ways and Means Committee and Senate Finance by January 15, 1996 on the impact of amending the State's Medicaid Plan to provide asset protection for potential medicaid long-term care recipients who purchase approved long-term care insurance policies. This report must identify costs associated with implementing this program as well as the impact on service availability for the current group of long-term care eligibles./

Renumber sections & amend totals/title to conform.

Rep. KEYSERLING explained the amendment.

Rep. FELDER spoke in favor of the amendment.

The amendment was then adopted.

Section 29 as amended was adopted.

SECTION 30--DEBATE ADJOURNED

Rep. COOPER proposed the following Amendment No. 72 (Doc Name L:\h-wm\legis\amend\DC.50).

Amend the bill, as and if amended, Part IB, Section 30, DHEC, paragraph 22, page 447, line 24, opposite /DHEC: Safe Drinking Water Act/, by deleting the paragraph in its entirety.

Renumber sections & amend totals/title to conform.

Rep. COOPER explained the amendment.

LEAVE OF ABSENCE

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

Rep. FELDER spoke against the amendment.

Rep. COOPER spoke in favor of the amendment.

Rep. COOPER moved to adjourn debate upon the section, which was adopted.

SECTION 31

Section 31 was adopted.

SECTION 32

Section 32 was adopted.

SECTION 33

Section 33 was adopted.

SECTION 34

Section 34 was adopted.

SECTION 35

Section 35 was adopted.

SECTION 36

Section 36 was adopted.

SECTION 37

Section 37 was adopted.

SECTION 38--ADOPTED

Rep. SCOTT proposed the following Amendment No. 117 (Doc Name L:\council\legis\amend\GJK\21532AC.95), which was ruled out of order.

Amend the bill, as and if amended, Part IB, L-32, Section 38, Housing Finance and Development Authority, by adding an appropriately numbered paragraph to read:

/Lenders which are unable to meet the qualifications contained in Section 201 may be approved to participate in the Housing Finance and Development Authority's Homeownership Mortgage Purchase Programs as a correspondent lender. Approval for correspondent lenders is granted on a statewide basis.

In order to qualify for participation, a lender must be sponsored by a lender which is a state chartered bank or national banking association or a state or federally chartered savings and loan association or federal savings bank and which is approved to participate in the authority's programs pursuant to Section 201. The sponsoring lender must be a party to the correspondent lender's mortgage purchase agreement with the authority and must assume complete financial responsibility for the obligations of its correspondent lender including, but not limited to, responsibility for repurchasing any mortgage loan originated by the correspondent lender and purchased by the authority.

Correspondent lenders approved to participate in the homeownership programs are required to maintain their eligibility by providing information and by providing evidence of the continuation of its relationship with its sponsoring lender.

To participate in the Homeownership Mortgage Purchase Programs, a correspondent lender must be a:

(1)     state chartered bank or national banking association;

(2)     state or federal savings and loan association, savings bank; or

(3)     Federal Housing Administration (FHA) approved loan correspondent."/

Renumber sections & amend totals/title to conform.

Rep. SCOTT explained the amendment.

POINT OF ORDER

Rep. HASKINS raised the Point of Order that Amendment No. 117 was out of order as it was not germane.

Rep. SCOTT argued contra the Point in stating that it was germane in terms of the budget as it provided for provisions for bonds and bond indebtedness for the State. He further stated that it related to the State Housing Authority.

The SPEAKER questioned the reference to Section 201 in the amendment.

Rep. SCOTT stated that Section 201 was the guidelines the Authority set out in terms of those individuals who will participate under the bond program for lending across the State. He further stated that the lending of the funds generated revenue.

The SPEAKER stated, citing Rule 5.3, that it did not have any substantial effect or impact on the general fund and he sustained the Point of Order and ruled the Amendment out of order.

Section 38 was adopted.

SECTION 39

Section 39 was adopted.

SECTION 41

Section 41 was adopted.

SECTION 42

Section 42 was adopted.

SECTION 43

Section 43 was adopted.

SECTION 44

Section 44 was adopted.

SECTION 45

Section 45 was adopted.

SECTION 46

Section 46 was adopted.

SECTION 47

Section 47 was adopted.

SECTION 48

Section 48 was adopted.

SECTION 49--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the section, which was adopted.

SECTION 50

Section 50 was adopted.

SECTION 54--DEBATE ADJOURNED

Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.

SECTION 55

Section 55 was adopted.

SECTION 56--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the section, which was adopted.

SECTION 59--DEBATE ADJOURNED

Rep. RICHARDSON moved to adjourn debate upon the section, which was adopted.

SECTION 60

Section 60 was adopted.

SECTION 61

Section 61 was adopted.

SECTION 62

Section 62 was adopted.

SECTION 63

Section 63 was adopted.

SECTION 64

Section 64 was adopted.

SECTION 65

Section 65 was adopted.

SECTION 66

Section 66 was adopted.

SECTION 67

Section 67 was adopted.

SECTION 68A--DEBATE ADJOURNED

Rep. H. BROWN proposed the following Amendment No. 65 (Doc Name L:\h-wm\legis\amend\FF.1).

Amend the bill, as and if amended, Part IB, Section 68A, Aid to Subdivisions-Comptroller General, Page 475, Line 6, by adding an appropriately numbered paragraph to read: /The General Assembly, in the annual Appropriations Act, shall appropriate funds in the fiscal year beginning July 1, 1995, into the State Property Tax Relief Fund for the purpose of providing partial homestead property tax relief. For fiscal years beginning after June 30, 1996, the General Assembly shall, in addition to the funds appropriated in the fiscal year beginning July 1, 1995, appropriate one-half of the estimated recurring revenues expected for the fiscal year until such time that the phase-out of the residential property tax is complete./

Renumber sections & amend totals/title to conform.

Rep. H. BROWN explained the amendment.

Rep. SHEHEEN moved to adjourn debate upon the section, which was adopted.

SECTION 68B

Section 68B was adopted.

SECTION 69--DEBATE ADJOURNED

Rep. TOWNSEND moved to adjourn debate upon the section, which was adopted.

SECTION 72--DEBATE ADJOURNED

Reps. NEAL, MOODY-LAWRENCE, SCOTT, HOWARD, COBB-HUNTER, KIRSH and WHITE proposed the following Amendment No. 118 (Doc Name L:\h-wm\legis\amend\TR.015), which was tabled.

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, by adding an appropriately numbered paragraph to read: /The Budget Division of the Budget and Control Board shall impose an across-the-board reduction of agency budgets funded in this Act in a total amount of $5,000,000. This reduction shall be applied across-the-board to agency travel and equipment budgets for the current year. This reduction in federal funds shall not be applied to the HHSFC, the Department of Public Education and funding items which match federal funds. The following items are exempted from this reduction: Aid to Subdivisions, Capital Reserve Fund, & Debt Service./

Renumber sections & amend totals/title to conform.

Rep. NEAL explained the amendment.

Rep. FELDER spoke against the amendment.

Rep. NEAL spoke in favor of the amendment.

Rep. FELDER moved to table the amendment.

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

Yeas 74; Nays 33

Those who voted in the affirmative are:

Allison                Bailey                 Brown, H.
Cain                   Cato                   Chamblee
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Easterday
Fair                   Felder                 Fleming
Fulmer                 Gamble                 Hallman
Harrell                Harris, J.             Harris, P.
Harrison               Harwell                Haskins
Herdklotz              Huff                   Hutson
Jaskwhich              Keegan                 Kelley
Keyserling             Kinon                  Klauber
Knotts                 Koon                   Lanford
Law                    Limbaugh               Limehouse
Littlejohn             Marchbanks             Mason
McAbee                 McCraw                 Phillips
Quinn                  Rhoad                  Rice
Richardson             Riser                  Robinson
Sandifer               Sharpe                 Sheheen
Shissias               Smith, R.              Spearman
Stille                 Stuart                 Thomas
Trotter                Tucker                 Vaughn
Waldrop                Walker                 Wells
Whatley                Wilder                 Wilkins
Witherspoon            Wofford                Wright
Young, A.              Young, J.

Total--74

Those who voted in the negative are:

Anderson               Baxley                 Beatty
Breeland               Brown, G.              Brown, T.
Byrd                   Cave                   Clyburn
Cobb-Hunter            Govan                  Harvin
Hines                  Hodges                 Howard
Inabinett              Jennings               Kennedy
Kirsh                  Lloyd                  McMahand
Meacham                Moody-Lawrence         Neal
Rogers                 Scott                  Simrill
Tripp                  Whipper, L.            Whipper, S.
White                  Wilkes                 Williams

Total--33

So, the amendment was tabled.

Rep. ROBINSON proposed the following Amendment No. 123 (Doc Name L:\h-wm\legis\amend\DC.036).

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, Page 483, Paragraph 24, Line 20, by inserting a new line at the end to read: /However, State Retirees are subject to the earnings limitation contained in Paragraph 72.47./

Renumber sections & amend totals/title to conform.

Rep. ROBINSON explained the amendment.

Rep. ROGERS moved to adjourn debate upon the amendment, which was adopted.

Rep. STILLE proposed the following Amendment No. 96 (Doc Name L:\h-wm\legis\amend\DH.30), which was tabled.

Amend the bill, as and if amended, Part IB, Section 72, General and Temporary, Page 488, Line 34, Item F, by striking the item in its entirety and inserting /No subsistence reimbursement shall be allowed to a Justice of the Supreme Court or Judge of the Court of Appeals while traveling in the county of his official residence. When traveling on official business of said court within 50 miles outside the county of his official residence, a Supreme Court Justice and a Judge of the Court of Appeals shall be allowed subsistence expenses in the amount of $35 per day plus such mileage allowance for travel as is provided for other employees of the State. When traveling on official business of said Court 50 or more miles outside the county of his official residence, each Justice and Judge of the Court of Appeals shall be allowed subsistence expenses in the amount as provided in this Act for members of the General Assembly plus such mileage allowance for travel as is provided for other employees of the State. The Chief Justice, or such other person as he designates, while attending the Conference of Chief Justices and one member of the Supreme Court while attending the National Convention of Appellate Court Judges, and three Circuit Judges while attending the National Convention of State Trial Judges shall be allowed actual subsistence and travel expenses.

Upon approval of the Chief Justice, Supreme Court Justices, Judges of the Court of Appeals, Circuit Judges, and Family Court Judges shall be reimbursed for actual expenses incurred for all other official business requiring out-of-state expenses at the rate provided in paragraph A of this section./

Renumber sections & amend totals/title to conform.

Rep. STILLE explained the amendment.

Rep. QUINN moved to table the amendment.

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

Yeas 63; Nays 35

Those who voted in the affirmative are:

Bailey                 Baxley                 Boan
Brown, G.              Brown, H.              Brown, T.
Byrd                   Cain                   Cave
Clyburn                Cobb-Hunter            Cotty
Felder                 Fleming                Fulmer
Govan                  Hallman                Harrell
Harris, J.             Harris, P.             Harrison
Harvin                 Haskins                Herdklotz
Hines                  Hodges                 Howard
Huff                   Inabinett              Jennings
Keyserling             Knotts                 Lanford
Law                    Lloyd                  Martin
McAbee                 McCraw                 Moody-Lawrence
Neal                   Phillips               Quinn
Rhoad                  Richardson             Riser
Rogers                 Scott                  Sharpe
Shissias               Smith, R.              Thomas
Tripp                  Tucker                 Whatley
Whipper, L.            Whipper, S.            White
Wilkes                 Wilkins                Witherspoon
Worley                 Wright                 Young, J.

Total--63

Those who voted in the negative are:

Allison                Anderson               Cato
Chamblee               Cooper                 Cromer
Dantzler               Easterday              Fair
Gamble                 Keegan                 Kelley
Kennedy                Kirsh                  Koon
Limehouse              Littlejohn             Marchbanks
Mason                  Meacham                Rice
Robinson               Sandifer               Simrill
Spearman               Stille                 Stuart
Trotter                Vaughn                 Walker
Wells                  Wilder                 Williams
Wofford                Young, A.

Total--35

So, the amendment was tabled.

Rep. ROGERS moved to adjourn debate upon the section, which was adopted.

SECTION 73

Section 73 was adopted.

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

MOTION NOTED

Rep. H. BROWN moved to reconsider the vote whereby Part IA, Sections 3A, 3C, 3D, 3E, 3F, 3H, 4A, 4B, 6A, 6C, 6D, 8, 9, 13, 14, 15, 16, 17A, 17C, 17D, 17E, 17G, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 48, 49, 50, 51, 52, 52A, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 64, 65, 66, 67, 68A, 68B. PART IB, Sections 1A, 2, 2A, 3, 4A, 5, 6DD, 9, 10, 11, 13, 15, 16, 17, 17A, 17B, 17G, 20, 21, 22, 23, 24, 25, 27, 28, 29, 31, 32, 33, 34, 35, 36, 37, 38, 39, 41, 42, 43, 44, 45, 46, 47, 48, 50, 55, 60, 61, 62, 63, 64, 65, 66, 67, 68B and 73 were adopted and the motion was noted.

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

ADJOURNMENT

At 7:00 P.M. the House in accordance with the motion of Rep. BAILEY adjourned in memory of James L. "Jimmy" Bryant of Rosinville, to meet at 9:30 A.M. tomorrow.

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